Retail Rebound? - National Construction

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Construction and COVID

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November 2020 [$3.95]

Madison retailers hope for the

Retail Rebound?best as the holidays approach.

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November 2020 [$3.95]

IBMADISON.COM 1

ON OUR COVER

42 50

TABLE OF CONTENTS NOVEMBER 2020

32 RETAIL REBOOTMadison retailers absorbed several blows in 2020, from pandemic restrictions to property damage and looting during demonstrations that turned violent, but their resilience is reflected in creative adjustments, pandemic-inspired e-commerce, and tempered hopes for holiday sales.

PHOTO BY: M.O.D. MEDIA PRODUCTIONS

GREATER MADISON’S BUSINESS RESOURCE FOR OVER 40 YEARS

DEPARTMENTS

4 LETTER FROM THE EDITOR

6 CAREERIST

8 LEADERSHIP INSIGHT

10 THE BUSINESS REPORT

24 EXECUTIVE PROFILE

26 STARTUP

28 BUSINESS DYNAMIC

70 COURT FILINGS

72 BY THE NUMBERS

FEATURES

32 RETAILERS’ HOLIDAY HOPESMadison retailers are hoping for the best, but they

are realistic about their holiday expectations.

42 CONSTRUCTIVE DEVELOPMENTSMost of the construction projects set for

completion in 2020 got done despite COVID-19.

50 PANDEMIC PROTECTIONWithout liability legislation, guarding your

business against COVID-19 lawsuits is up to you.

SPONSORED CONTENT

56 WOMEN IN BUSINESS Touting the contributions of professional women

60 40 UNDER 40 Infographics tell a story about past honorees.

66 LEGAL PROFILES Madison’s legal expertise is rich and varied.

2 IN BUSINESS: GREATER MADISON | NOVEMBER 2020

NOW ACCEPTING APPLICATIONS

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Meet the IB team.

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November 2020

IBMadison.com Bloggers:Deborah Biddle, Buckley Brinkman, Corey Chambas,

Michael Dubis, Mindi Giftos, Donna Gray, Jessica M. Kramer,

Debra Lafler, Terry Siebert, Spencer X. Smith, Tom Still,

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In Business magazine is published monthly, including the yearly Book of Lists, by Business Information LLC, 200 River Place, Suite 250, Madison, WI, 53716, a subsidiary of Magna Publi-cations Inc. Periodicals postage paid at Madison, Wis. ISSN 01927450. Publications No. USPS 424-130. © 2020 by Magna Publications Inc. Reproductions in whole or in part without writ-ten permission are prohibited. Postmaster send address changes to In Business, 200 River Place, Suite 250, Madison, WI, 53716; (608) 204-9655; fax: (608) 204-9656. Subscriptions are $36/year. Subscription information available at IBMadison.com.

PUBLISHER

Jon [email protected]

EDITORIAL DIRECTOR

Joe Vanden [email protected]

CREATIVE DIRECTOR

Ellen [email protected]

DEPARTMENTS EDITOR

Jan [email protected]

ONLINE EDITOR

Jason [email protected]

STAFF WRITER

Kimberly [email protected]

MULTIMEDIA STRATEGIST

Terri [email protected]

EVENTS MANAGER

Jessica [email protected]

GRAPHIC DESIGNER

Renee [email protected]

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DATABASE SUPPORT

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PRESIDENT

William H. Haight [email protected]

Gemini (curious)

Leo (big-hearted)

Libra (balance in all things)

Libra (diplomatic)

Libra (fair-minded)

Aquarius (open-minded)

Virgo (over thinker)

Aquarius (obstinate)

Taurus (super

stubborn)

Capricorn (practical)

Leo (egotistical)

Cancer (loyal)

VOL. 43, NO. 11

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M A R K YO U R

CALENDAR

MAKING MADISONBY BUCKLEY BRINKMANIt’s time for Old White Guys (OWG) to take their foot off

the brakes on social change and lean into the actions

that will move us toward social and economic justice.

IBMadison.com/OWGs

40 UNDER 40 HABITAT BUILDMembers of past 40 Under 40

classes participated in a build

project for Habitat for Humanity

of Dane County.

IBMadison.com/4040Habitat

COULD A SILVER TSUNAMI SINK MADISON?On average, 10,000 baby boomers reach retirement age every day in the U.S., a

trend that is expected to continue into the 2030s. Despite being a college town,

Madison is not immune from this silver tsunami. In Madison, 50.42% of business

owners are over the age of 55 and 20.64% of those owners have no documented

transition plan, according to research from Ready for Next Cities (RFN Cities), a

preparedness and business retention program.

IBMadison.com/SilverTsunami

Sponsor a 2021 IB Event Contact your multimedia strategist at 608.204.9655

or email [email protected]. For questions

regarding our 2021 events, contact Events Manager

Jessica Hamm at 608.204.9655 x35, or by email at

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Commercial Design AwardsAPPLICATION DEADLINE: JAN. 15, 2021IB is now seeking the most impressive commercial

design projects that transformed the Wisconsin land-

scape in 2020. Winners will be featured in the April

2021 issue and honored at an event that month.

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IN BUSINESS ICONS

Icons in Business — VirtualNOV. 18, 10 A.M. Icons in Business connects you to the iconic organiza-

tions and people influencing the business landscape.

On Nov. 18, Deb Archer, retiring CEO of Destination

Madison and the Madison Area Sports Commission,

will share insight into 25 years of making Madison

a sought-after location for tourism, conventions,

sporting events, and competitions that boost the

local economy.

Tickets: FreeInfo: IBMadison.com/Icons

40 Under 40APPLICATION DEADLINE: NOV. 15, 2020 IB is seeking the most successful and civic-minded

young professionals to be honored as the 2021 40

Under 40! Nominate yourself or someone you know

today! The 2021 class will be featured in the March

issue of In Business magazine and honored at a

networking event that month.

Info: IBMadison.com/40Under40


“You’d wish that diverse boards didn’t require legislation, but I think it’s going to.”

— Susan Hodgkinson, The Personal Brand Co.

WILL DIVERSE BOARDS REQUIRE LEGISLATION?

When it comes to gender diversity on business boards, Wisconsin’s corpora-

tions are doing better than the national average, but nationwide gender balance

remains an elusive goal.

In 2019, women held 21.7% of the board seats at 45 Wisconsin corporations on

the Russell 3000 index, according to the latest Gender Diversity Index published by

the organization 2020 Women on Boards. This ranks Wisconsin seventh out of 26

states with at least 20 Russell 3000 companies, and since the Badger State doesn’t

normally rank in the top half of national business rankings, let alone in the top 10,

we can take a bow for the time being.

More than half of the Wisconsin-based companies are at 20% or greater in terms

of the percentage of women directors. Fifteen Wisconsin companies have three or

more women on their boards, and two companies, Alliant Energy Corp. and Manpow-

erGroup Inc., already have achieved gender balance, which is defined as an equal

number of men and women corporate directors or a difference of one more woman

or man in the case of boards with an odd number of directors.

Board diversity is a long overdue development and an underappreciated

aspect of stronger business performance. More voices and perspectives in the

boardroom reflect the diversity that already exists in society and contributes to

better decision-making. While Wisconsin has made progress on women, backsliding is

always possible, and nationwide there still is a lack of women and people of color on

corporate boards. How can this be remedied to the point where diverse boards are

the norm rather than the exception?

If more progress isn’t made soon, calls might grow to force the issue with legisla-

tion, according to Susan Hodgkinson, 30-year executive coach, founder of The Person-

al Brand Co., and author of The Dignity Mindset: A Leader’s Guide to Building Gender

Equity at Work. As Hodgkinson explains, it’s been done overseas. “You’d wish that

diverse boards didn’t require legislation, but I think it’s going to,” states Hodgkinson,

who has called for a minimum of 30% women and minority representation on boards.

“So, if you look at countries where they have achieved these outcomes, in Iceland for

one, it came through legislation. Germany has got legislation.”

Maybe it won’t come down to new laws. Perhaps more consumers (and share-

holders) will demand it. Can you name one modern corporation that wants to be

out of sync with its customer base?

JOE VANDEN PLAS

EDITORIAL DIRECTOR

LETTER FROM THE EDITOR

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“Being indispensable is not the same as being appreciated, recognized, or even rewarded, and those things are often what we’re really in search of.”

DISPENSE WITH INDISPENSABLE CAREER ADVICEWhen your employer can’t live without you, you may end up stuck right where you are.

BY JASON BUSCH

Vice presidents, it’s long been said, are just “a heartbeat away” from the presidency. While many would argue that the duties and pow-

ers of the president make them indispensable, our system of government is set up precisely because presidents are dispensable. Their replacement is of-ten standing just behind them, and there’s a whole line of succession after that.

And because presidents thankfully don’t die in office very often, we have a term system in place that allows voters to dispense with the president every four years if they see fit. In fact, the minimum qualifications to be president are so minimal, the pool of potential candidates for the job numbers in the tens of millions.

Despite the fact that the most powerful person in America is entirely dispensable, it’s a popular piece of career advice that we should all make our-selves indispensable to our employers. That seems to make perfect sense, especially when so many workers these days feel completely disposable. Who wouldn’t want to have the job security and inev-itable rise up the corporate ladder that would come from being indispensable, right?

Being indispensable, though, is not the same as being appreciated, recognized, or even reward-ed, and those things are often what we’re really in search of. May Busch (no relation), an executive and career coach, says that “in reality, making your-self indispensable is the best way to keep yourself where you are in your job, rather than advancing.

“When you’re so amazing in that one role that most people can’t imagine you doing anything else, they won’t want you to do anything else.

Your manager relies on you so much that they won’t part with you, and you’re at risk of being pi-geonholed. This effect is often made worse by an-other piece of well-meaning advice: ‘You’re doing a great job, just keep doing what you’re doing.’ This is what managers often say when they are too nice (or too lazy) to come up with feedback that will help you develop.”

According to Busch, there’s a better way to be-come indispensable — for what you can become, rather than what you currently do:

Help others see you in a different light. “Show people that there’s more than one dimension to your capabilities. So, if they mostly see you doing ‘behind-the-scenes’ research, invite them to a meet-ing where you’re ‘on stage’ presenting. Take on new challenges. Let others know you have the interest and potential to do more.”

See yourself in a different light. “The longer you stay in the comfort zone of the role where you’re indispensable, the harder it will be to envi-sion yourself doing something else, and that will color your behavior. Instead, challenge yourself to see yourself in a different light. Look for opportuni-ties where you can learn, stretch, and develop new capabilities.”

Prepare for the next level. “The best way to do this is to continually invest in yourself and your development. Make time to learn new things. Identify the experiences and skills you want to have. Talk to others about what it takes and the things they wished they’d done to prepare them-selves. Then go explore how you can do those things.”

Make yourself moveable. “Building a bench of talent beneath you is the best way to ensure that senior managers feel comfortable moving you to the next-level position you aspire to. Remember, you don’t want to end up [being irreplaceable]. If you can create your own backfill, managers won’t feel as anxious promoting you.”

CAREERIST

IBMADISON.COM 7


3 KEYS TO RESHAPING YOUR BUSINESS

IN A COVID19 WORLDBY MARK BURISH AND JOE MOZDEN

Today, we live in a world of change. The COVID-19 pandemic underscores that change and is an extreme example of it. While change is sometimes unsettling, it

offers unique opportunities to accelerate business.The world as we knew it changed overnight last spring

at the start of the COVID-19 pandemic. It became a chal-lenge for corporations and campuses to maintain opera-tions and for planned classes, meetings, and conferences to take place in person. Living, working, and learning sud-denly depended on digital platforms and streaming video.

Some industries, such as higher education, pivoted quickly in the first phase of the transformation. College campuses scaled up their use of video technology to set up online classrooms within a week, giving them the founda-tion to continually refine and improve their virtual plans.

The interruption was more dramatic for the conference and events industry. Mediasite Events, our group that has

spent more than 15 years streaming live and on-demand video conference sessions, suddenly saw its pipeline drop as conferences and tradeshows were canceled.

As this important line of business was forced to close up shop overnight, we didn’t have time to think in terms of “when things return to normal.” While the change was unsettling, it gave us the opportunity to work toward a new future, and we took the opportunity to create a virtu-al event platform to address new market needs. Mediasite Events worked with meeting planners to help them pivot from in-person conferences to customizable online events.

This is the time for companies to embrace change to its fullest. Here are three key things we leaned on as we faced the COVID-19 reality:

1. Reassess the opportunity. We asked this: With these new constraints, is there a new opportunity? We did not ask this: When will things return to normal? This time of change isn’t over yet and companies that view it as a powerful catalyst to ride though the disruption will be better positioned for growth. As managers, we need to consider how we can change our operating style to take advantage of this opportunity. Accept change and be open to a new path. Yes, it’s uncomfortable but worth-while change is always worth the discomfort.

“As this important line of business was forced to close up shop overnight, we didn’t have time to think in terms of ‘ when things return to normal.’”

LEADERSHIP INSIGHT COVID TRANSITION

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2. Recalibrate the offering. Think back to the start of this year. What was your company vision for the months ahead? Did any of it come true? Or did the COVID-19 pandemic set you on a completely new trajectory, forcing you to be more creative and innovative than ever before? New business ideas take months, sometimes years, to material-ize. However, once we understood the new market requirements for our events team, we retrained staff, recalibrated our technology stack, and offered a solution in a matter of days. Companies with the agility to rethink operating models and change on a dime to meet new market dynamics will be better able to weather the storm of uncertainty. Remember, you’re only limited by your imagination. If you run into roadblocks, ask yourself whether it is a limitation you imposed on yourself because it often is. Solving the problem is about thinking of differ-ent, creative options versus focusing on any barriers in your way.

3. Increase reliability, reach, and rev-enue. Turn your clients’ concerns into opportunities. To put it another way, fo-cus on the positive. The events industry, for example, could have drowned in the sorrows of canceled meetups and travel bans. Instead, it found inventive ways to ensure the show could go on — and with even better return on investment. Looking ahead, event attendance is no longer limited by venue, schedules, or travel budgets, and as a result virtual conferences have tripled their reach compared to in-person events.

The dramatic market conditions chal-lenged us to think bigger and push through perceived limitations, but it also sets the bar for how we adapt to change and plan for the future. As we think stra-tegically about what the next year holds for our businesses, it’s critical to not be among those who look at it with fear but with great ingenuity. What steps can you take to ensure long-term success for both you and your customers?

Mark Burish is chairman of the board of Sonic Foundry and a shareholder in the Hurley Burish law firm. Joe Mozden is CEO of Sonic Foundry.


Black talent is leaving Madison at an alarming rate. However, organizers for the Center for Black Excellence and

Culture hope the project will change that trend. “Competition for people of color is not the organization down the Beltline, it’s the community itself,” says the Rev. Dr. Alex Gee, a steering committee co-chair for the center. “If this community does not nurture the Black soul, that Black person won’t stay.”

Last month, Dane County Executive Joe Parisi joined Gee to announce an $810,000 addition in the 2021 county budget to help organizers plan the Center for Black Ex-cellence and Culture. The goals of the de-velopment are to foster a sense of commu-nity and family, celebrate and teach about impactful Black culture, help nurture and develop Black business and community leaders, connect employers with talented Black professionals, and build a cultural hub along the Beltline corridor.

For decades, Gee has been hearing about the lack of Black cultural space in Madison. Eight years ago, he took action by purchasing an additional acre of land adjacent to his church on Badger Road. Now, organizers are ready to start the planning process in earnest. “We have known there’s been a lack of cultural re-inforcement in this community and we’ve been planning for this project,” Gee states. “Recent events have just allowed us to dust off our plans.”

A mutual connection led Gee to JLA Ar-chitects’ Rafeeq Asad. “Being a minority in architecture, you rarely get a chance to be in a room with others who look like you, let alone stakeholders,” Asad notes.

Asad called the center the most exciting project he’s worked on, one that will allow him to put his knowledge of the Black aesthetic to work. Characteristics of the Black aesthetic that Asad hopes to incorpo-rate into the design include color, drama, rhythm, and angularity. Asad’s master’s curriculum was to learn about architecture

as it pertains to African Americans and the Black aesthetic. “I think architecture should represent the users,” Asad observes, “and what better way than to put the Black aes-thetic into the architecture?”

Before the building is designed, the steering committee wants to take time to listen to the community. Joseph Lee, own-er and president of JLA, says the process is in the very early stages. “We just have this big idea,” Lee says. “The hard work is yet to come.”

Community listening sessions are planned for the next several months with fundraising efforts beginning in the spring of 2021. Organizers hope to break ground on the project in 2022 with an opening in the fall of that year.

Gee hopes the project is Black-led and community supported like other successful Madison endeavors, including the Madison Children’s Museum and Madison Museum of Contemporary Art. “We need the business community to help us build this beautiful cultural hub that will help attract and retain Black brilliance and Black talent,” Gee states.

However, before the center is built, Gee feels the Black community will benefit from the process. “The work itself — of even dreaming it — will build a sense of commu-nity,” Gee says. “By the time we put bricks and mortar together, it will merely house the greater sense of community and pride that’s already been built.”

“I think architecture should represent the users, and what better way than to put the Black aesthetic into the architecture?”

— Rafeeq Asad, JLA Architects

CULTURAL HUB TO BUILD A SENSE OF BELONGINGMadison’s Center for Black Excellence and Culture promises to nurture the Black soul, and area businesses can help.

BY KIMBERLY HAZEN

JLA

Arch

itect

s

THE BUSINESS REPORT

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WHAT DO YOU LIKE TO DO WHEN

YOU AREN’T WORKING?

WHAT DO YOU ENJOY MOST ABOUT YOUR

CURRENT JOB AND POSITION?

WHAT CAN A MORE SEASONED

EXECUTIVE LEARN FROM

YOU?

WHAT IS SOMETHING YOU’D LIKE TO CHANGE ABOUT YOUR INDUSTRY?

WHAT IS ONE STEP A BUSINESS COULD TAKE TO SOLVE RACIAL INEQUALITY?

My favorite vacations involve backpacking. In 2017, I took five months to hike the whole Appalachian Trail. Time with my dog, hiking, softball, a good book, and puzzles are my regular activities.

I have the opportunity to create a variety of beers, a company culture that makes a difference, and (hopefully) the opportunity to craft change that impacts people far beyond Madison.

People are more important than endless profits. Write down your mission and run every decision through it.

I’d like pumpkin beers to not be a thing. Just kidding, but not really. I would really like business owners and brewers to gain adequate professional experience before jumping into our industry. Follow the science and focus on quality from the very beginning.

See all people as people and treat each guest, customer, employee, and community member as you would want them to treat you. There’s no freedom until we’re equal.

TIM “PIO” PIOTROWSKIChief Beer Officer/Founder

Delta Beer Lab

Get acquainted with local young

professionals who are rising

through the ranks.

ON THE

RISE

HOUSING, HABITAT, AND HILLDALEThis month’s summary of local business news.

COMPILED BY KIMBERLY HAZEN

GOOD NEWSSigns of positive activity or growth in the market

Madison startup matches staff with needMarc LaPierre has created tech startup Clock’d for matching restaurant workers with businesses in need. The company is based in downtown Madison and helps trained bartenders, servers, hosts, and cooks pick up extra shifts from restau-rants who need them.

New addiction clinic opens downtownMonarch Health Addiction Recovery Clinic is opening at the corner of East Wash-ington Avenue and South Blair Street and will provide medication, counseling, and lab testing in one place. The clinic’s focus will be on using medications, including buprenorphine, to treat addiction. Opioid overdoses are up 48% this year statewide and opioid overdose deaths are up 35% in Madison.

Cookie vendor opens shopYeng Yang, a cookie seller at the Dane County Farmers’ Market, is opening a store, Yummee Cookies, at 5510 University Ave. Before the COVID-19 pandemic canceled the market at the square, Yang had been making his cookies at FEED Kitchens on the north side of Madison and selling directly to the public.

Four new tenants to open at Hilldale National burger restaurant Shake Shack, fitness studio Burn Boot Camp, DIY craft-ing shop Glitter Workshop, and Indochi-no, a made-to-measure men’s outfitter, have or will open in Hilldale shopping center this fall.

Madison restaurateurs expand to OregonThe owners of Merchant, Lucille, and Brothers Three are planning Good Co., a new restaurant at the former Charlie’s on Main location in Oregon. Patrick Sweeney

THE BUSINESS REPORT

IBMADISON.COM 13

EZOP.COM

Working

From

Home?

We’ll

DELIVEROffice

Supplies

To Your

Door!

and Matthew Stebbins will do extensive re-modeling and open Good Co. just before Christmas. The location consists of two spaces that will be combined for the new restaurant.

Madison startup a top food innovatorSlide Gourmet Potato Chips, a company that produces nine varieties of hand-packed chips made from Wisconsin pota-toes, is one of 10 businesses honored by the Food Finance Institute FaBcap Acceler-ator’s Class of 2020-21. The list recognizes food-product innovation across multiple categories. This year’s list, chosen from 35 applicants, represents eight Wisconsin cities and includes two technology companies and eight food brands.

Exact Sciences unveils new testsExact Sciences has unveiled early research for the company’s liquid biopsy cancer screening test and has gained FDA autho-rization for an at-home COVID-19 swab test. The first test would screen biomarkers in the blood to detect multiple types of cancer. An early study of the test found that it could identify 83% to 87% of cases that had esophageal, liver, lung, ovarian, pancreatic, or stomach cancers with about a 5% rate of false positives.

Sun Prairie makes top listThe city of Sun Prairie is listed as the 40th “Best Place to Live in America” for 2020 by Money magazine. The list considers fac-tors including the local economy, housing market, cost of living, diversity, public edu-cation, health and safety, weather, lifestyle, and amenities.

Trailer manufacturer adds 300 positionsStoughton Trailers LLC announced plans to hire 300 new employees for entry-level, skilled labor, and professional positions at its Stoughton and Brodhead facilities. Entry-level and skilled positions will be in the departments of assembly, weld-ing, material control, and maintenance. Professional openings are in engineering, quality, supply chain, information technolo-gy, human resources, sales/marketing, and accounting positions.

Summer play boosts state golf industryThe Wisconsin 2020 golf season saw a 13% increase in the number of rounds played. The state increase was twice the national increase of 6.2%. While the season was off to a rocky start in April with a 48% decrease over April 2019, the Wisconsin golf industry rebounded over the summer months.

Wisconsin hits record home salesIn a recent report from the Wisconsin Realtors Association, Wisconsin home sales set a three-month record this summer. The record was due to a combination of the state gradually reopening in June and record-low mortgage interest rates over the summer. Summer home sales grew 2.8% compared to the June–August period of 2019. Robust sales growth in July and a slight improvement in the August market pushed summer home sales to 27,795, the strongest summer sales volume on record for the state. Low inventories in the state made for a strong seller’s market with limit-ed buying opportunities.

MONEY MATTERSFinancial nurturing

Mayor announces 2021 operating budgetA reduction in services, furloughs, and lay-offs are some of the measures that Mayor Satya Rhodes-Conway is using to balance the $349.1 million 2021 operating budget for the city. The budget, forced to tighten by the COVID-19 pandemic, includes over $3 million in cuts to agency budgets. In addition, the plan uses $8 million of the city’s unrestricted fund balance for tempo-rary revenue loss and one-time expen-ditures. A $25 million gap was expected from declines in revenue streams like hotel room taxes, parking violation fines, interest from investments, and an increase in spending. However, the gap shrunk to $16.5 million once agencies submitted their requests.

Public market to apply for federal grantMadison will apply for a $3 million federal grant to help fund the public market project. The grant will attempt to replace a stream of funding that has decreased in value due to the COVID-19 pandemic. The resolution agreed to by Madison’s City Council autho-rized the city to apply to the U.S. Economic Development Administration for the grant. The total project of the public market is valued at $13 million.

City cuts 2021 tourism marketingShrinking room tax proceeds for tourism marketing due to COVID-19 has caused an already shrinking marketing budget for the promotion of Monona Terrace and Over-ture Center to be further reduced. Under the 2021 budget, Destination Madison will receive $3.75 million for marketing, com-pared with $4.7 million in 2019. Monona Terrace will get $3.75 million, compared with $4.8 million in 2020, and Overture


STREET SMARTS STREET SMARTS

Connie ZieglerBusiness Manager

Gaylord Catering Service Inc.

“I am grateful that I still

have a job. I’ve been

with Gaylord Catering

for 35 years. The com-

pany is 57 years strong.

Things are slow and

scary right now, but I

get up every day to go

to work. I want to make

sure that we are around

for another 50 years.”

Darren PaulCommunications Director

WBD Inc.

“I’m thankful that my

kids are healthy and

COVID-free, that I have

an employer who pro-

vides a safe environ-

ment, and that I hav-

en’t had any friends or

family affected by our

current pandemic.”

Marie RickardOwner/Founder

Derma 180 Skin Renewal Center

“I am most grateful for

my family, especially

my granddaughter and

my loyal clients!”

Joseph MuenichBusiness Development

and Client Services

ActionCOACH of Madison

“My team [members] at

ActionCOACH, who are

supportive and growth

minded. I’m thankful

for them.”

Andrea K.L. BarberOwner/Lead Alchemist

Apothecary LLC

“I’m most grateful for

my family all being

healthy regardless of

my daughter going to

school in Florida. Also,

I’ve retained all of my

clients.”

Right now, what are you most grateful for?

Center will receive $1.5 million compared with $2 million in 2020.

County releases 2021 budget proposalDane County Executive Joe Parisi has released a 2021 budget proposal for a $615.5 million operating budget and a $71.6 million capital budget. The budgets aim to protect services and employees in the county from the economic impacts of the COVID-19 pandemic. The budget proposal would increase property taxes by 3.4% and taxes on the average home would increase by $30.18.

Feds award Habitat $650,000Habitat for Humanity of Dane County was one of the 397 Community Development Financial Institutions (CDFIs) across the nation awarded funding from the U.S. De-partment of the Treasury’s Community De-velopment Financial Institutions Fund. The organization received $650,000 to increase lending and investment activity in low-in-come and economically distressed commu-nities in Dane County. Specifically, Habitat will use its funding for families that fall between 30% to 60% of the county’s medi-an household income and that are unable to qualify for most traditional financing. The CDFI program invests in low-income

families and communities lacking adequate access to affordable financial products and services. Nationally, awards total more than $204 million.

$4.45 million invested for housingFive area municipalities will benefit from county funds totaling $4.45 million to help build low-income housing projects. After approval from the county board, the funds will support construction of 323 low-in-come housing units in five projects in Madison, McFarland, Cambridge, Fitch-burg, and Verona. The apartments will serve residents who make less than the median income of the county.

$5.3 million for broadband expansionInvesting in primarily fixed wireless projects to serve 11,500 customers, the Wisconsin Public Service Commission has awarded $5.3 million in federal pandemic relief money to fund the expansion of high-speed internet service this year. The CARES Act funding restrictions mean the projects need to incur costs between March 1 and Dec. 30 and funding can cover the expansion of broadband service to support distance learning, telehealth, and working from home. The projects are expected to make service available to approximately

11,500 homes and businesses in rural areas that include parts of Dane, Dodge, Jefferson, and Rock counties.

$47 million in added support announcedA total of $47 million funded through federal CARES Act dollars will be used to help child care, health care navigators, and energy and rental assistance in Wisconsin. Here’s how the money will be used:• $15 million will be invested in Wis-

consin’s Low-Income Home Energy Assistance Program;

• $10 million will be directed toward the COVID-19 Out-of-School Support Grant Program;

• $10 million will be invested in the Wisconsin Rental Assistance Program, adding on to $25 million previously announced;

• $10 million will go toward the Food Security Initiative, adding on to $15 million previously allocated;

• $1 million will be directed toward the Keep Wisconsin Warm/Cool Fund, a nonprofit that provides a statewide safe-ty net to individuals facing energy-relat-ed emergencies; and

• $1 million will be invested in the state-wide health insurance navigator organi-zation to help residents purchase health

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J.H. Findorff & Son has promoted Renee Boyce to vice president – human resources, John Feller to vice president – preconstruction, Sam Lawrence to vice president – preconstruction, and Jim Martin to vice president – project management.

Realtime Utlity Engineers has promoted Mitch Bradt to director of electrical engineering.

The Gordon Flesch Company promoted Kelly Dolphin to chief financial officer.

Steve Greiff has joined Johnson Financial Group as senior vice president, director of mortgage.

Colleen Johnson has joined SVA Financial Group as senior wealth manager.

Donna Moreland is the new Deputy Secretary of the Wisconsin Department of Safety and Professional Services.

Colliers International, Wisconsin, has named Chris Richards

managing director and market leader of its Madison office.

Stoughton Trailers announced Jeremy

Sanders joined the company as its new chief commercial officer and Sue Vanderbilt is the new chief financial officer.

RETIRING

Keith Breunig retired as chief financial officer of The Gordon Flesch Company.

Joe Koss, chief executive officer of Culver’s, will retire at the end of 2020.

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insurance on the federal marketplace or to enroll in BadgerCare.

Wage law correlated to wage dropA new Midwest Economic Policy Insti-tute study finds the repeal of Wisconsin’s prevailing wage laws has resulted in lower wages for construction workers in Wisconsin. Despite having no statistically significant impact on the cost of public construction projects, prevailing wage laws set minimum pay requirements for wages paid to workers on public con-struction projects such as school buildings or highway construction. In 2015, former Gov. Scott Walker and GOP lawmakers repealed Wisconsin’s prevailing wage law for local construction projects and in 2017, they repealed Wisconsin’s prevailing wage law for state construction projects. The new study used data from the U.S. Census Bureau and found that before the laws were repealed, the average annu-al income for full-time construction and extraction workers was close to $49,000. After the laws were repealed, the average annual income was a little over $46,000, a drop of more than 5%.

WEDC announces local grant winnersThe Wisconsin Economic Development Corp. and the University of Wisconsin Sys-tem’s Center for Technology Commercial-ization have named six small companies that will each receive a $100,000 Small Business Innovation Research Advance grant. The innovative startups are: Madi-son-based AmebaGone Inc., NCD Technol-ogies, Stem Pharm, and Filament Games; Imbed Biosciences Inc. of Fitchburg; and NanoAffix Sciences of Wauwatosa. Busi-nesses awarded the grants have already received federal funding from the Small Business Innovation Research or Small Business Technology Transfer programs to develop high-tech innovations.

Tax collections boosted by auditorsThe addition of tax auditors has resulted in 20% higher corporate tax collections in the state, according to the Legislative Fiscal Bureau. Revenues from Wisconsin’s corporate tax totaled $1.61 billion in the 2019–20 fiscal year ending in June, which represents an increase of $269.8 million over the previous year.

BUSINESS TRANSACTIONSMergers, sales, and acquisitions

Tech firm acquires foreign IT company Health care consulting firm Nordic has

acquired Tasman Global, a health care IT consulting firm headquartered in the Netherlands. The addition of Tasman ex-pands Nordic to Europe and Asia and the combined companies will reach nearly 300 health care organizations globally. Nordic was founded in 2010 and provides health IT staffing, advisory consulting, and man-aged services.

Capri Communities acquires propertiesCapri Communities, a provider of senior living in southern Wisconsin, has acquired

Aster Assisted Living, Assisted Memory Care, and the Drumlin Residences in Cot-tage Grove. The Drumlin Residences will be renamed Drumlin Reserve and Capri will also assume management of Drumlin Tower and Olde Town Apartments on the same campus. Capri Communities manag-es 25 locations.

Summit buys Associated Bank branchSummit Credit Union has purchased an Associated Bank branch in Monroe, Wisconsin. The location, at 1420 11th

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St., will become the 46th branch of the Madison-based credit union. Summit holds more than $4.3 billion in assets with 662 employees and 205,000 members.

MIXED MESSAGESSounds good, then bad, or vice versa

AmFam consolidates claims, cuts jobsAmerican Family Insurance is consoli-dating all its claims departments into one after years of acquiring various insurance brands and will be cutting an undisclosed number of positions. The insurance group’s companies include The General, Homesite, Main Street America Group, and CONNECT. Merging all claims departments into one will streamline the claims process for the multiline insurer, which has about 4,200 claims workers.

State infrastructure makes C ratingWisconsin’s 2020 Infrastructure Report Card gave the state a C rating. Wisconsin scored highest in energy and waste, earn-ing a B, but earned poor scores in transit and roads, which pulled down the grade average. The report card, written by more than 50 civil engineer volunteers across the state, rated categories such as capacity, condition, funding, and maintenance. Cat-egories in the state earning C-range grades are aviation, bridges, dams, drinking water, inland waterways, ports, stormwater, and wastewater.

State has large insurance gapA new RAND Corp. report ranks Wiscon-sin as 10th highest in the country for its private-public insurance hospital bill gap. Patients with private insurance pay nearly three times as much as Medicare patients pay for hospital care in Wisconsin, high-lighting concerns about employer health care costs. Privately insured patients paid an average of 247% compared to Medicare patients nationally to hospitals in 2018, a cost shift that was up from 224% in 2016 and 230% in 2017.

HANG ON TIGHTSigns of negative activity or failing markets

Pain clinic to close 12 locations Advanced Pain Management has sent a notice to the Wisconsin Department of Workforce Development stating that it will be closing locations across the state and eliminating a total of 238 jobs. The company intends to close its location in Madison as well as facilities in Greenfield,


Appleton, Kenosha, Milwaukee, Prairie du Sac, Sheboygan, West Bend, and Mount Pleasant.

Entertainment promoter lays off 39Frank Productions laid off 39 employees at five company locations including The Sylvee, the Orpheum, and the Majestic live entertainment venues. The company stated the entertainment industry as a whole has been severely impacted by COVID-19 and locally it is not able to sustain full operations at all of its locations. Positions impacted include accounting, marketing, box office, production, and others.

Oregon restaurant to close permanentlyCharlie’s on Main in Oregon will be clos-ing due to the COVID-19 pandemic shut-downs. The 5-year-old restaurant closed in March and kept its dining rooms closed to keep customers and staff safe, but it had been able to keep much of its staff employed. Owner Dave Heide said now the restaurant is out of funds and needs to close. Heide also owns Liliana’s Restaurant in Fitchburg.

Amtrak to reduce stops in stateAmtrak will reduce the number of stops in Portage, Wisconsin Dells, and Columbus in response to the COVID-19 pandemic. The reduction to three stops a week also is a response to ridership decreasing nationally. The stops affected by the changes in Wis-consin are part of Amtrak’s Empire Builder line that currently runs daily from Chicago to Seattle.

However, a Wisconsin-Minnesota pas-senger rail project will be receiving $31.8 million in federal grant funds to expand service to the Twin Cities and Chicago from Wisconsin. The Consolidated Rail-road Infrastructure and Safety Improve-ment competitive grant will be awarded to the Twin Cities-Milwaukee-Chicago passenger rail project for final design and construction of necessary railroad improve-ments. The project will add an extra daily round-trip line between the Twin Cities, La Crosse, Milwaukee, and Chicago along the Empire Builder route.

DEV’T & CONSTRUCTIONWhat’s going up – or being held up – where?

First Public Market vendors announcedCity of Madison officials have announced the first five vendors for the Madison Public Market, all of which will receive $19,000 in seed money from the city. The vendors — Caracas Empanadas y Más, Lit-

tle Tibet, Melly Mell’s Catering, El Sabor de Puebla, and Perfect Imperfections — will receive a starting stipend, coaching, and other resources through the city’s “Market-Ready” program, which helps entrepre-neurs create stable business foundations.

Park expansion seeks to raze buildingsThe proposed expansion of McPike Park on the near east side of Madison calls for the demolition of three buildings on South Baldwin Street. The Madison Parks Divi-sion is also evaluating the adaptive reuse of a fourth building. All of the buildings were acquired by the city to expand the 9.2-acre park. McPike Park hosts events and festivals including La Fete de Mar-quette and features a small amphitheater, gathering spaces, restrooms, event areas, farmers market space, and a skate park.

Commission nixes east side developmentA proposed $40 million project to redevel-op the corner of Monona Drive and Cot-tage Grove Road has been rejected by the Madison Plan Commission. The plan from developer Joe Krupp called for demol-ishing the Lakeside Shopping Center, the former Jade Monkey bar building, and Ex-haust Pros muffler shop to build a four-story structure that would include 2,500 square feet of commercial space, 188 apartments, and underground parking. A sticking point for many commission members was the overall loss of retail space.

Bus barn project needs more dataFederal transit authorities are asking for more information about hazardous mate-rials on the former Oscar Mayer property, where the city is planning a new bus garage. The Federal Transit Administra-tion, which is funding the project, says it is reevaluating an exemption from the environmental review process amid con-cerns that the city downplayed the extent of contamination from a century of industrial activity, which included burning coal and manufacturing plastics and pesticides. The city of Madison has approved plans for up to $300 million in redevelopment around the 72-acre Oscar Mayer campus and is seeking to buy the northern 15 acres of the property, including two buildings, to store buses for a proposed Bus Rapid Transit system.

Property purchased for homeless villageOccupy Madison has an accepted offer to purchase Wiggie’s Bar, at 1901 Aberg Ave., to build a tiny home village of 25 to 30 homes to house homeless people in Madison this winter. The organization

plans to purchase the property and have housing ready by Christmas. The project is in response to the worry that shelters won’t have enough space for everyone when the weather turns colder. Occupy Madison is hoping to get about $425,000 in grant money from the county to support the project.

Oakwood seeks to amend land-use permitThe city’s Urban Design Commission is reviewing a proposal for a new senior living facility from Oakwood Village Se-nior Living. Project planners are seeking to amend a land-use permit in order to build a 77-unit, four-story senior living facility at its complex on the west side of Madison. The proposal would remove an existing recreational building and construct the new living facility and 63 stalls of underground parking.

$31.7 million solar project approvedThe Wisconsin Public Service Commission has authorized a 20-megawatt solar farm from Madison Gas and Electric in Fitch-burg and will allow the utility to expand a program to sell clean energy to industrial and governmental customers. The unani-mous decision approved the $31.7 million O’Brien Solar Fields project, a 160-acre site near Seminole Highway and Lacy Road. The operation of the solar farm could begin as early as next summer, with construction beginning this year.

LEGALITIESCourt cases worth noting

Judge blocks release of businesses namesAfter a lawsuit was filed by the Wisconsin Manufacturers & Commerce (WMC), a judge has ruled against Gov. Tony Evers’ release of business names that have had employees test positive for COVID-19. WMC was made aware that information on more than 1,000 businesses would be released by the Evers administration if they had at least two employees who tested positive for COVID-19, regardless of where the employees contracted the virus. Waukesha County Circuit Court Judge Lloyd V. Carter issued a temporary restraining order barring the release of the business names.

MISCELLANEOUSExtras, tidbits, and goings-on

Taxi company uses local ride-hailing appMadison-based Green Cab has adopted the

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use of Mobile22, a new ride-hailing app from a Madison startup. The app books rides and works similarly to the Uber and Lyft apps, with fare prices offered up front for on-demand, scheduled, individual, and shared rides. All the rides that are provided in the Madison area are from Green Cab, rather than independent contractors.

Report: Madison lags in energy effortsThe American Council for an Energy-Effi-cient Economy’s 2020 City Clean Energy Scorecard, which analyzed the efforts of 100 major U.S. cities to make buildings and transportation more energy efficient and

scale up the use of renewable energy, has ranked Madison 64th out of the 100 cities that were studied. The report provides a comprehensive national measurement for climate progress and finds the Capital City ranks behind Milwaukee, Chicago, Minne-apolis, and St. Paul. The report also says Madison is unlikely to meet its ambitious carbon reduction goals due mostly to lax building standards, which are impacted by state law.

Local church, clinic to offer counselingMt. Zion Baptist Church has partnered with state-certified clinic Anesis Family

Therapy, which will open an office within the 109-year-old church. The clinic will serve clients on Tuesdays free of charge for mental health issues like depression, anxiety, or substance abuse. Funding has been secured by the church to cover the clinic’s costs through the end of the year, and it’s working to raise money for the ser-vices going forward. Clients do not need to be affiliated with the church to use the counseling services.

Patio music considered mass gatheringGarver Patio at the Garver Feed Mill has canceled most of its remaining live music for the season and capped the rest at 25 people due to a notice from Public Health Madison and Dane County. As a restau-rant, the company has an outdoor capacity to seat 150 in tables spaced six feet apart. However, live music played on the Garv-er Patio constitutes a concert and “mass gathering” that should be limited to 25 people, according to health officials. The restaurant feels it was operating within the regulations but has changed its plans for the rest of the fall season.

County installs clean water systemA new $1.65 million system outside of Middleton to separate water from cow manure is now part of Dane County’s clean water efforts. The AQUA Innovations system began operations in early summer and takes liquid manure from local dairy farms and extracts nutrients that can be spread onto fields as fertilizer. The water that trickles into the Pheasant Branch Creek after treatment is considered clean enough to drink.

Madison Capitols suspend seasonThe Madison Capitols junior hockey team is putting a hold on the 2020–21 United States Hockey League season because of public health restrictions in Dane County caused by COVID-19 pandemic. Capitols owner Ryan Suter was denied an exemp-tion to public health restrictions on full practices and games for sports deemed to have medium and high risks of transmis-sion of COVID-19.

Local teams win national competitionTwo University of Wisconsin–Madison teams have earned a total of $1.5 million for their projects to help Dane County’s middle class. The Alliance for the Ameri-can Dream Challenge winners ConnectRx and Opportunity Calculator use technol-ogy platforms to help residents gain ac-cess to or understand social and financial services. ConnectRx will create software

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to allow health care providers to track pa-tients’ nonmedical needs, such as housing or food assistance, and connect them with social service providers who can help, thus aiming to improve birth outcomes for Black mothers. Opportunity Calculator will develop a mobile platform that helps workers calculate the impact of new op-portunities on their income and eligibility for benefits such as health insurance, food assistance, housing, and child care.

MATC receives EPA awardThe U.S. Environmental Protection Agen-cy has presented Madison College with the 2020 Green Power Leadership Award. The award was given to six organizations nationwide for direct project engagement. Madison College’s Truax campus is currently generating nearly 2.4 million kilowatt-hours (kWh) of green power annually from an on-site solar photovoltaic system, which is enough green power to meet 23% of its electricity use and is equivalent to the annu-al electricity use of more than 200 average American homes.

Sierra Club opposes utility rate freezeThe Sierra Club says a proposed Madison Gas and Electric rate freeze will cre-ate future costs for ratepayers. The deal, the group says, locks in a regressive rate structure while allowing MGE to pocket $1.9 million that it owes ratepayers. MGE has proposed a 4.1% increase in natural gas prices while holding electricity rates flat next year. If approved by regulators, it is expected to raise the average household gas bill by about $27 a year. The Sierra Club objects to the proposal’s $19 fixed monthly charge and says it penalizes those who use the least energy and discourages energy conservation.

State issues order to expand workforceGov. Tony Evers and Wisconsin Depart-ment of Health Service Secretary-designee Andrea Palm have issued an emergency order to provide some relief for health care staffing shortages in the state. The new order provides for temporary inter-state license reciprocity for health care providers to work in Wisconsin medical facilities, extends licenses that may expire during the federal emergency declaration for 30 days after its conclusion, and makes it easier for health care providers with a recently lapsed license to apply for rein-statement with the Department of Safety and Professional Services.

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Development is expected to address the state’s outdated unemployment system in the next state budget process. Gov. Tony Evers says the department has made replacing the system a priority and specifics will be detailed during the next state budget process.

Earlier, Evers asked for and received the resignation of DWD Secretary Caleb Frostman, who was under fire for the de-partment’s slow response to unprecedented unemployment claims during the COVID-19 pandemic. Evers has added staffing resourc-es to the DWD to assist with the substantial influx in claims, calls, and adjudication processes.

Workers believe in optional workplaceIn a recent study by Dolman Law Group of 5,650 workers over the age of 18, 72% of Wisconsin employees believe that return-ing to the workplace should be optional. The study points to employees remaining nervous about their health, their fellow colleagues following safety protocols, and their employers providing a safe working environment. The survey also revealed that 72% of employees would report a colleague for not following COVID-19 health protocols and that just one in three workers believe the mental health benefits of returning to the workplace outweigh the risks of COVID-19.

Utility shutoff ban extended until AprilWisconsin Public Service Commission regulators have extended a ban on utility disconnections through April 15, 2021 for customers who fall behind on their bills. The Public Service commissioners voted 2–1 to extend a disconnection moratorium that was originally put in place in March.

Impact on communities of color probedThe Just Recovery for Racial Equity initia-tive is a joint effort to address communities disproportionately impacted by COVID-19 and will be carried out by the Wisconsin Department of Health Services and the Population Health Institute (PHI) at the University of Wisconsin–Madison. Data shows Black, Latinx, and indigenous pop-ulations are significantly over-represented among COVID-19 cases, hospitalizations, and deaths.

The $2.6 million Just Recovery initiative aims to identify and support strategies for responding to COVID-19 and build resil-ience in communities of color by partner-ing with community-based organizations and local groups, including other govern-ment and social service agencies.

COVID-19 treatment averages $14,500According to a new report from M3 Insur-ance, hospital and other medical treatment for COVID-19 costs $14,573 per patient on average and coronavirus testing is about $102 per sample. The COVID-19 Impact on Health Care study also reported that insurance premiums went up an average of 4.8% this year in the state. In addition, the report found that 68% of M3 customers surveyed in July said they don’t anticipate making changes to health benefits because of the current health crisis. Four percent said they plan to make changes and 28% said they weren’t sure.

Toy Industry Hall of Fame names RowlandPleasant Rowland, founder of American Girl, has been elected to the Toy Industry Hall of Fame’s Class of 2021. Inductees are nominated and voted on by members of the Toy Association for significant con-tributions to the industry and the impact they have had on the lives of children. The American Girl company, started in 1986 by Rowland, produces historical educational dolls. The Middleton-based company was sold to Mattel in 1998.

Antitrust report seeks big tech changesIn a House Judiciary Committee report presented to Congress, House lawmak-ers under Democratic leadership found that the practices of the world’s largest technology companies including Amazon, Apple, Facebook, and Google had exer-cised and abused their monopoly power, and the report recommends the most sweeping changes to antitrust laws in half a century. Lawmakers said the companies set and often dictated prices and rules for commerce, search, advertising, social networking, and publishing. To correct the abuse of dominant positions, the commit-tee recommendations include restoring competition by effectively breaking up the companies, emboldening the agencies that police market concentration, putting up hurdles for the companies to acquire startups, and reforming antitrust laws.

CHANGESChanges in name, location, purpose, or status

Software company changes nameMadison-based Recruiting Pro Software has been renamed to NaviCu. The data management software provider has re-branded to coincide with the launch of a new version of its proprietary process and a new website.

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MESSAGE FROM MICHAELBoys & Girls Clubs CEO discusses recent protests, frustrations, and the need to heed warning signs.

BY JAN WILSON AND PHOTOGRAPH BY RENEE SPORLE

Michael Johnson, president and CEO of the Boys & Girls Clubs of Dane County, was raised in the projects of Chicago and found solace later in life as an athlete

(football and wrestling) at a small, liberal arts college in Minnesota, where he met his wife, Toya, a chemistry major. They’re now parents to three children, ages 15, 10, and 6.

Johnson recently shared his thoughts on his role in the community and the challenges of working with young people in a growing and changing city.

How did you get to Madison?I was the deputy commissioner of operations for parks and recreation in Philadelphia and mentioned in a news article that someday I’d like to run Boys & Girls Clubs.

QTI must have somehow seen that story because they called and left a message at my work. I thought they were just another vendor wanting to sell me paint or something and I didn’t respond. Later, we connected, and I learned there was a search going on for the president/CEO of the Boys & Girls Clubs of Dane County.

What drives your passion for kids?I’ve always worked with kids. I used to run all the Boys & Girls Clubs in the public housing developments in some

EXECUTIVE PROFILE NONPROFITS

IBMADISON.COM 25

of the toughest neighborhoods in Chicago. What really made me stay in this profession was going back to my elementary school on the west side of Chicago and realizing the number of young people who had fallen victim to violence.

What are your biggest accomplishments here?When I took over, we had a hard time making payroll. We’ve grown our operating budget by almost a half a million dollars every year since I’ve been here; from $1 million to a $7 million organization; from serving 1,800 kids to almost 8,000 this year; from being in two facilities to now overseeing programs at 15 locations, including Wal-worth County, where I’m also the CEO.

We’ve grown our board and have done things that tradition-al Boys & Girls Clubs just don’t do. We’ve raised hundreds of thousands of dollars for Black, brown, and poor white families impacted by COVID-19; we have a partnership with the school district where a third of our staff works in the schools during the day. We also put 141 kids to work this summer during a pandemic and paid them $15 an hour.

Yet in 2018, you left for a United Way position in Cincinnati, Ohio — reportedly your “dream job.” Four months later you were back. What happened?It was a regional position covering about 22 counties in Ohio, Kentucky, and Indiana. I was constantly traveling.

I missed being in the community, in one county, and working directly with kids. I just didn’t feel a connection. The first eight weekends, I was back in Madison staying with friends! My wife chastised me for it. So, when I learned my former job at the Boys & Girls Clubs hadn’t been filled yet, I made a call.

Earlier this year, you joined a group of local officials down-town during the protests. Why, and what did you learn?I just hadn’t seen elected officials or community leaders out there at night and I wanted to have a presence. About 75 people showed up — from grassroots leaders to state reps to members of the City Council and former Mayor Paul Soglin.

As we walked toward the protestors, they began clapping and asked to speak with us. We did, for about 20 minutes. Then they kneeled and raised their right hands. The respect was encouraging.

But later, some of the agitators infiltrated that movement and started burning things. We deflected some of it. I stayed downtown all night talking to some of the young people. I didn’t want them catching felonies and doing things they’d later regret.

The protest went from justice for George Floyd to damaging property and removing statues. The Floyd family’s message got lost. When people start looting and defacing property, it takes away from the broader message. That’s my opinion, but some don’t agree.

I am glad that young people are speaking out against the injustices taking place across this country because it’s real. I

stayed in the projects for 24 of my 44 years on this earth. Many in my family still live in poverty. I have family members and friends who’ve been part of the criminal justice system, unfairly targeted and sometimes overpunished for some of the things they’ve done. I see it and I feel it because I come from that environment.

This community has a lot of good people who really love kids and want to help young people thrive. I love Madison for that reason, and I see it in financial contributions and volunteering. But on the flip side there’s a lot of quietness. We’re living in very divisive times right now, and the division frustrates me.

How do you see your role in this community?Some people ask why the Boys & Girls Clubs leader is in this space, saying I should “stay in my lane.” But in my opinion leadership should never be defined by geography or any singular issue. All issues affect kids and their families.

Look at the resources our organization has raised for kids — $25 million over 10 years! Independent studies show our kids’ GPAs are higher, their attendance is better, they take more rig-orous courses, and 70% are Black and brown kids of color who traditionally don’t graduate from high school.

We’ll continue to move the agenda forward to help kids fulfill their dreams. We’ll help many, we’ll miss some, but we’ll keep trying. That’s why I’m here.

Can the business community help?Businesses need more diversity and diverse boards. We need to see that there’s representation in the C-suite, at the board level, and that businesses welcome and retain people of color. That’s important for our city and for the next generation of young people to see. Our workforce and culture should also encourage involvement in nonprofit sectors and on nonprofit boards. It’s all about giving time, talent, and treasure to support others.

Whom do you consider your mentors?I’d say Paul Tonnesen (formerly of Fiskars). Paul is on our board and very wise. He gives it to me straight but also gives me coun-sel. Marilyn Harper is a very generous woman who owns some businesses and real estate in town. She’s one of our largest African American donors; and Jacquelyn Hunt, CEO of F.O.S.T.E.R (Fami-lies Overcoming Struggles to Encourage Resilience). We run ideas past each other from time to time. I respect them all.

Are you concerned that this economic climate will impact donations to the Boys & Girls Clubs and other nonprofits?Yes, I think a number of nonprofits will downsize or go out of business. Donations will drop. Cuts are happening at every level, so I wouldn’t be surprised if individual giving goes down, impacting those that we serve. I’m concerned about next year.

There’s another issue, too, in my opinion. If we continue to see the violence that we’re seeing, our tax base will go down, businesses will leave, and that will impact public safety.

Could Madison become a mini Chicago? To some degree, we’re already seeing that — shootings on highways, kids being killed, bul-lets flying through homes. As a community, we either have to fight against these issues or see what’s happening in large urban cities knocking on our back door.

“Could Madison become a mini Chicago? To some degree, we’re already seeing that.”

— Michael Johnson, Boys & Girls Clubs of Dane County


PLAYING BY THE RULES

Area woman offers tracking software to help companies

stay compliant.BY JAN WILSON AND

PHOTOGRAPH BY NICK WILKES PHOTOGRAPHY

“At the time I purchased the software, we had about 35 paying customers. I’ve since doubled that.”

— Jen Remsik, Training Tracker LLC

Jenifer “Jen” Remsik, 43, never had designs on going into software. She owned Sapling Events and was an

events planner for about four years. “My interest in software developed by accident — or maybe osmosis — through my hus-band, Jim,” Remsik admits. Now the CEO of Training Tracker LLC, she helps clients keep employees and companies on track through regulatory compliance.

The couple lived in Florida early on where Jim’s software co-workers became Jen’s extended family and friends. “I lis-tened and learned,” she says.

When they returned to Madison, his career took off. He co-founded Adorable IO and hired Jen to handle administrative duties and event administration for Ador-able IO using Training Tracker software, a product from North Carolina-based Com-puter Directions. She was impressed but knew it had some drawbacks.

“We knew there was room for improve-ment, and when the former owner of Train-ing Tracker asked Adorable to improve the product, it also became obvious that he was ready to let it go and retire.”

Remsik immediately offered suggestions, like adding a paywall to make payments in-stant with fewer invoices falling through the cracks. “I knew I could help and grow with

this product, and that got me excited.”In fact, Remsik purchased the software

in 2018, and she’s been designing her own company around it ever since.

Training Tracker is a “go-to-cloud” solu-tion for training compliance and audit-ing. Companies can track whether their employees are completing tasks or training required by regulatory agencies such as the Occupational Safety and Health Administra-tion (OSHA).

The product is well suited for any business that requires compliance train-ing, but she’s found it particularly useful for municipalities (fleet and public works departments), health care (long-term care facilities and pharmaceutical companies), and manufacturing (from food to plastics to large equipment rental companies).

“The software tells an employer what they need to do and when,” she explains. “It does not do the training but it would

allow an HR person or training coordinator to plug in a date range to see which em-ployees need specific training or certifica-tions in Q4 this year, for example.”

A records management feature was recently added, allowing users to upload driver’s licenses or signed documents that may be required for certification or by a compliance inspector.

She paid for the software with part of her severance after Adorable IO was sold. She also agreed to pay Training Tracker’s former owner a percentage of her revenue each month for several years, and retained its customers, as well, creating an instant revenue stream to help cover expenses.

“When I first purchased the software, we had about 35 paying customers,” Remsik reports. “I’ve since doubled that.”

Clients pay either a monthly fee or an annual discounted fee based on the num-ber of users who log in. For potential cus-tomers, Remsik offers a 30-day free trial and refuses to accept any credit card information until they try the software and know they’ll like it. “I only want happy customers,” she says.

Training Tracker LLC

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(866) 571-2108

STARTUP SOFTWARE

IBMADISON.COM 27

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The story of Michael’s Frozen Custard is one of fits, starts, and emotional upheavals. It’s also a story of love lost and love found.

At the end of September, owner Michael Dix was emptying out years of memories and reflecting on decades of ups and downs while preparing to close the Monroe Street flagship location. After more than three decades with the same landlord, they couldn’t reach an agree-ment, and COVID-19’s impact on the restaurant industry only exacerbated tensions.

Dix and his late partner, John Kuehl, opened on Monroe Street 34 years ago after paying a visit to Leduc’s Frozen Custard in Wales, Wisconsin. Despite the snowy weather that night, the line outside was long. “John turned to me and said, ‘Michael, this is what we’re going to do!’”

They didn’t know anything about custard, Dix recalls. “We had no money, no business experience, but we had determination and grit.” Kuehl insisted on putting Dix’s name on the business, even though they’d floated several others, including “John’s Frozen Custard.”

Michael’s Frozen Custard opened on Monroe Street on Aug. 22, 1986, at 4:04 p.m. An hour later it closed due to a fire in the fuse box. A minor blip.

The co-owners had big dreams, hoping to franchise the business. “We were going to be like Culver’s, with 600 stores throughout Ameri-ca,” Dix says, “but when you get HIV and you’re dying of AIDS, a new reality sets in in terms of what’s important in life.”

Kuehl died of AIDS in 1993.After he passed, Dix learned that Kuehl had

contracted HIV even before they met and knew his time on earth would be short. “He wanted my name to live on,” says Dix, who never con-tracted the virus.

BORDERLINE BATTLEAfter immigration snafus and the loss of his flagship’s lease, Michael Dix still has big plans for Michael’s Frozen Custard.

BY JAN WILSON AND PHOTOGRAPH BY

MELANIE JONES FOR OUR LIVES MAGAZINE

BUSINESS DYNAMIC RESTAURANTS


IBMADISON.COM 29

A ROCKY ROADFast forward to 2018. Dix had married Sergio De La O Hernandez three years earlier. De La O Hernandez was an undocumented resident Dix had met online. De La O Hernandez had lived and worked in the U.S. for more than 30 years and had a long history of restaurant and custard experience. Eleven years younger than Dix, he began running the day-to-day operations for Michael’s. He was, in COVID-time terms, an essential worker anxious to become a legal citizen.

With paperwork that had already been ap-proved by the U.S. government and Dix spon-soring his spouse, they left for Mexico in August 2018, planning for a quick return.

It was the last time De La O Hernandez would step foot on U.S. soil for 21 months.

“That’s how they lure you back,” Dix reflects, “with promises that everything is fine.” It wasn’t.

At the U.S. consulate in Juarez, De La O Her-nandez was missing a document and denied.

With no obvious choices, they rented a home in Cabo San Lucas, hired Madison attorney Jes-sica Slind, and waited. “I kind of abandoned the two remaining businesses in Madison and let the managers take charge,” he admits, fortunate to have employees he could entrust with such du-ties. He’d check in daily and fly back to Madison about once a month. Meanwhile, sympathetic patrons in Madison wrote hundreds of letters in support of the business, pleading their case.

Dix had to prove extreme hardship should his spouse not be allowed to return. He forwarded copies of tax and medical records, photos, and character references, but with a thriving custard business and three homes between them, the authorities felt he made too much. Says Dix: “I’m a good Monopoly player. If this was the game we had to play, I’d have to lose money.”

That’s what he did. In November 2018, Dix closed the Monroe Street restaurant, shifted em-ployees to the remaining restaurants, packed the car — including their two dogs — and headed to Mexico. Michael’s reopened in March, only to close again six months later after a waiver Slind had introduced on their behalf was again denied.

Meanwhile, Dix and De La O Hernandez visited Toronto and seriously considered becom-

ing Canadian citizens. “We thought, if the U.S. government doesn’t want our money, we’ll go someplace that does.”

Slind suggested asking the local neighborhood for more letters of support, but Dix was done. “I just couldn’t ask anyone else for any more help. We’d already sent the government 800 pages of documentation. If that wouldn’t do it, how would more letters help?”

Things were looking up in 2020. De La O Hernandez was scheduled for a final interview in Juarez on April 4, but then COVID-19 hit, and the U.S. closed all of its embassies and consulates.

It was their lowest point, Dix laments. “We were two weeks away!”

In a letter, Slind persuaded immigration offi-cials to agree to an emergency interview and it finally paid off. De La O Hernandez got his visa and crossed the border on May 8, 2020, the very day Michael’s reopened on Monroe Street. He’ll be able to apply for U.S. citizenship in 2023.

Now that it’s closed permanently, Dix isn’t sure Michael’s will ever return to the neighbor-hood. “We’re looking,” he says, “but if I had my wishes, I’d probably just get a food truck and park it wherever the crowds are.”

REBRANDING A CUSTARD STANDThese days, Dix is eagerly planning significant changes to his two remaining restaurants, includ-ing downsizing the footprint, an idea he’s been mulling for years. “COVID-19 accelerated things,” he says. He’s already talking with an architect.

“I’m thinking 600 to 700 square feet, with two walk-up windows, a nice outdoor patio, room for bathrooms, but no inside dining,” Dix states. “It will still have the Michael’s feel but won’t be a big space that you have to staff to make work.”

If the neighborhoods and the city approve, he’ll begin with the Atwood location this winter.

The menu will also be simplified. Burgers, hot dogs, or fries will likely be replaced by a focus on custard and coffee, primarily. “Coffee is much more profitable,” Dix explains.

“Nobody wants to cook burgers anymore. It’s not a glamorous job and customers won’t pay what I need to charge for a burger. They’ll pay that for a cup of coffee, but not for a burger.”

He’s trademarked the coffee name — Blue Crown Coffee — which will be sourced in Cana-da and introduced at the Schroeder Road store.

“This is a work in progress and a new learn-ing curve for me,” admits Dix. “I know nothing about coffee other than the fact that I drink it.”

Sounds familiar. He knew nothing about custard, either.

“We thought, if the U.S. government doesn’t want our money, we’ll go someplace that does.”

— Michael Dix, Michael’s Frozen Custard


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RETAIL REBOUNDMadison retailers are lowering their holiday expectations, but they are poised to rebound when public health conditions permit.

BY JOE VANDEN PLAS AND PHOTOGRAPH BY M.O.D. MEDIA PRODUCTIONS

Trying to make up some lost COVID-19 ground, retail-ers have launched the 2020 holiday season far earlier than usual. In the early stages of the pandemic, it was

thought they would have to start holiday sales the day after Halloween. Scratch that. Mid-October was the unofficial launch date for many retailers as they tried to cut their ex-pected losses during a season when they typically generate the bulk of their annual sales receipts.

In this look at the possibility of a retail rebound, we talked to independent retailers on State Street, who also were impacted by racial unrest, and on Monroe Street. We also talked to retail experts at the University of Wisconsin–Madison and at Madison College to get their take on what shoppers can expect this holiday season, the shaky future of shopping malls, and how Madison’s embattled restaura-teurs, still limited by public health orders, hope to salvage something from the 2020 holiday season.

What we found is that the pandemic has made the Amazon Effect even more pronounced, and it has forced retailers to be more creative with their online and social media marketing and merchandising. The pandemic has also been a boon to the market share of other massive retailers such as Home Depot, Costco, and Target, which have millions of dollars in resources to throw at a pan-demic problem and solve it.

The fact that Amazon, which is investing millions of dollars in new distribution facilities in suburban Mil-waukee and in Madison, has emerged as an even more dominant retail force comes as no surprise to industry observers. The retail giant now claims nearly 50% of the e-commerce market, and while independent retailers are trying to play catch up, that share could grow if the pandemic lasts well into 2021. “It’s partly because the rest of the industry wasn’t prepared, and this was their sweet spot,” notes Jerry O’Brien, executive director of the Kohl’s Center for Retailing at UW–Madison. “If you don’t want to leave your house and have something delivered, Amazon

FEATURE RETAIL

IBMADISON.COM 33

is the brand. It’s like Kleenex and facial tissue.”

As of this writing, Dane County was still in Phase 2 of its reopening plan, which has been the case since June 12. Phase 2 allows most businesses, including retail stores, to operate at 50% capacity. That was replaced, at least temporarily, by Gov. Evers’ Oct. 6 order directing Department of Health Services Secretary-designee Andrea Palm to issue an emergency order limiting public gatherings to no more than 25% of a room or building’s total occupancy. This directive will remain in effect until Nov. 6 and applies to any gatherings at locations

that are open to the public such as stores, restaurants, and other businesses that allow public entry, as well as spaces with tick-eted events.

Weather permitting, Dane County had been allowing outdoor gatherings of up to 100 people, with proper social distancing, while indoor gatherings are limited to 50 people. With winter approaching, outdoor dining will no longer be a viable option, and the local business owners we spoke to say it would certainly help if Washing-ton could pass another round of stimulus before more retailers and restaurateurs pass out.

IS COVID THE DEATH BLOW FOR MALLS?

Haven’t been to a mall or shopping center

lately? If not, it might be easy to assume

they have outlived their usefulness. Before

the pandemic, they were making the transition to

a hybrid of well-trafficked stores and experiences.

COVID-19 undermined both.

One sign of damage was when CBL Proper-

ties, which owns East Towne and West Towne

Malls in Madison and more than 100 retail

centers in all, reached a restructuring support

agreement with debt holders in response to the

effects of the COVID-19 pandemic. Terms of the

agreement provide for a comprehensive restruc-

turing and will slash $900 million of debt and at

least $600 million in other obligations.

While day-to-day operations and business

continue during the restructuring process, such

news leaves the impression that COVID-19 has

joined Amazon as the two horsemen of the mall

apocalypse. “Malls are really in deep trouble,”

states Betty Hurd, retail expert and marketing

instructor at Madison College. “We’re going

to have to look at the whole experience of the

mall and what people really want to do. People

don’t want to just hang out and clothes shop

anymore.”

Mall operators caution not to write their

obituaries just yet. Melissa Cavanagh, senior

marketing director for CBL Properties, says

traffic has continued to build following the

reopening of its properties, and customers

are visiting the mall with the intention to buy.

“Heading into the holiday season, and given the

occupancy limits in place for individual stores,

we’re working with certain retailers to open

secondary pop-up locations, helping to promote

their BOPIS (buy online, pick up in store) ser-

vices, and we’re designating more parking to

accommodate those that offer curbside pickup,”

Cavanagh states.

On the future of malls, Cavanagh notes an

important evolution is underway. “Over the last

several years, we’ve been working to redevelop

our properties from traditional malls to subur-

ban town centers that offer visitors a variety of

uses and experiences,” Cavanagh notes. “Retail

will always be an important component of our

properties, but we’re working to strengthen and

shrink its footprint by replacing underperform-

ing retailers with in-demand retail.”

Hilldale in Madison is also still punching,

recently announcing four new additions, including

the Shake Shack burger joint, Burn Boot Camp,

a fitness destination, the Glitter Workshop, a

do-it-yourself crafting shop, and Indochino, a

men’s custom apparel brand. Nanci Horn, general

manager of Hilldale, noted the concepts reflect

its emphasis on experience-first retail, and she

talked about the adjustments Hilldale, which has

the benefit of being open air, has made during

the COVID-19 pandemic.

Since April, Hilldale has made available

over 30 quick pickup parking spaces that are

placed conveniently between retailers whose

customers have requested one, and shoppers

who pick up orders have been courteous about

obeying the 15-minute parking time limit. For the

holidays, Hilldale has plans to create warming

huts so that visitors can more comfortably wait

for coffee after ordering it on a phone app. As for

individual stores, some fashion retailers have

created wardrobe pick-up and try-on programs

where shoppers can work with a personal stylist

to curate a wardrobe. Other retailers are taking

in less occupancy than they are allowed, just to

make sure customers feel safe while shopping in

their stores.

With such creativity, there is no doubt in Horn’s

mind that the transition to experience-based re-

tail can succeed once shopping centers get past

the pandemic. “We’ve seen it here,” Horn states.

“The experiences are a little bit different, and our

retailers have been great with being able to pivot

in this environment.”

A quick pickup parking space accommodates safe shopping at Hilldale.

Hill

dale

“If you don’t want to leave your house and have something delivered, Amazon is the brand. It’s like Kleenex and facial tissue.”

— Jerry O’Brien, Kohl’s Center for Retailing, UW–Madison


Still, as independent retailers have piv-oted to COVID-19 realities, not to mention the damaging aftereffects of societal un-rest, there are some silver linings. First and foremost, small retailers that have put off advanced e-commerce capabilities found they had no choice but to connect with cus-tomers in “virtually” every conceivable way, and if they can survive the pandemic, their enhanced e-commerce capabilities have them poised for a strong rebound.

Retailers that are nimble and can “omnichannel” will have a competitive advantage as they try to salvage something

out of 2020 with reasonably strong holiday sales. Betty Hurd, marketing instructor and retail expert at Madison College, notes that home-shopping habits are already well in-grained. “You know the old-school saying that it takes 21–28 days to form a habit? Well, we’re into this pandemic for more than 20 weeks,” she notes. “We’re at home or not going out as much, and we’re more comfortable shopping online.”

With the 2020 holiday season under-way for the better part of two weeks, consumers may have already noticed the varied ways retailers are trying to meet them more than halfway. The in-store and curbside pickup employed during the early stages of the pandemic remain, and gift cards will be more important than ever. During the summer, some mall retailers set up outdoor tent sales that may or may not survive the holiday chill, and malls plan to set up secondary pop-up locations and are promoting their buy online, pick up in store services.

SOAPY SALESLike most retailers, 2020 got off to a strong start for Stacey Scannell, owner of The Soap Opera, 319 State St. From January through early March, sales were strong for her bath and grooming products, but when the pan-demic hit, it caused even more emotional damage than financial damage.

“It was really scary because nobody knew what to expect, and everybody was

stocking up on things,” Scannell recalls. “We didn’t do terribly, but the thing that really hurt us in March was having to close our doors.”

Well, not entirely. The Soap Opera upgraded its website in 2016, so many products carried in the retail store — it has more than 4,000 stock-keeping units — are presented on the website. “That saved us,” Scannell states. “I don’t know what I would have done without a website. We were cranking out orders.”

However, Scannell had to let go of some of her staff — the sales floor employees and part-timers who were students — because it didn’t make sense to keep them. It did make sense to hang on to her web staff and transition one long-time floor work-er to the web because that’s where help was needed. “We just had to switch gears really fast when everything hit because the lockdown happened fast,” she says. “One minute we were doing business as usual and then the next week, it was close your doors right now. You’re not allowed to be open. It was so crazy.”

Having an e-commerce website was a lifesaver even after the lockdown ended. The Soap Opera was closed from March 17 until the end of May, but in-store sales nev-er picked up again, and the societal unrest that followed the May 25 police-involved murder of George Floyd in Minneapolis explains part of it. State Street businesses saw their storefront windows smashed and some were looted as violent demonstrators took it out on local business owners. “My in-store is down significantly to unsustain-able numbers,” Scannell acknowledges.

The tension may have lifted, even after another round of vandalism following the Aug. 23 police shooting of Jacob Blake in Kenosha, but stores remain impacted be-cause of the inability to get beyond Phase 2 of the Dane County reopening plan and lingering safety concerns.

Scannell’s customers have admitted as much to her. One customer drove for an hour to shop, only to find the store board-ed up. She turned around, got in her car, drove home, and called to place an order over the phone and have Scannell ship it instead. “There is a sense of downtown being unsafe right now and being scary for a lot of my customers, which definitely affects us,” Scannell acknowledges. “I can’t say it doesn’t.”

“You know the old-school saying that it takes 21–28 days to form a habit? Well, we’re into this pandemic for more than 20 weeks. We’re at home or not going out as much, and we’re more comfortable shopping online.”

— Betty Hurd, Madison College

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In the isolating environment of a pandemic, it doesn’t hurt to sell pam-pering products, but it’s her e-commerce capabilities that give Scannell hope for the holidays. Even though the pandemic prevented Scannell from attending trade and product shows — both Tracey and her husband have respiratory issues — she started ordering holiday merchandise in July with the help of vendors who sent her catalogs. She’s ordering more conservative-ly than she normally would, but not too conservatively. “I don’t want to risk having too much inventory after Christmas,” she explains. “On the flip side, I’ve talked to other business owners and they are saying, ‘I’m just going to get what I know sells and just keep to that,’ and I don’t think that’s the right approach. The right approach is let’s get things that make sense.”

Holiday sales typically comprise 50% or more of The Soap Opera’s annual receipts, and as much as Scannell would like to maintain that, she can’t realistically forecast it. “I have projected that sales will most likely be down roughly 30% overall,” she notes. “That’s kind of where we’re floating. I’m hoping that ends up not to be the case, but you never know.”

NECESSITIES AND LUXURIES With one key exception, it’s a somewhat similar story for Amy Moore, owner of Little Luxuries at 230 State St., which offers what Moore calls a carefully curated collection of spa, tabletop, and personal interest gifts.

“There is a sense of downtown being unsafe right now and being scary for a lot of my customers, which definitely affects us. I can’t say it doesn’t.”

— Stacey Scannell, The Soap Opera


As 2020 unfolded, she was looking forward to celebrating the store’s 30th year on State Street, but the events of this bewildering year are hardly what she anticipated.

What was supposed to be a milestone year turned into a challenging one in large measure because of one key difference between her store and The Soap Opera. Prior to the pandemic, Moore had started to work on her website’s design elements, but the pandemic required more than the brochure site she had established to give shoppers an idea of what was in store. “It took us a little off guard when the pandemic hit home here. Immediately, we were impacted pretty greatly because we were not set up to offer goods on our website,” she explained. “We’ve always had a website where people could get a fla-vor of who we were, but when we closed

our doors immediately, which happened initially, we quickly needed to jump over to social media.”

The closing gave Moore some breath-ing room to develop a website that gave her the capability to sell online, but not before being drastically impacted on the front end. Since then, Little Luxuries has worked with a local business to establish a ramped-up web platform, and work to grow that platform continues. “We have carefully curated gift collections with gift boxes of various themes, and then we have our favorite items available online,” she says. “So, now, we’re working on driv-ing our customers to that destination.”

At the time of the interview, Little Lux-uries could allow 10 people into the store at a time, with the usual COVID-related trappings of the mask requirement, ubiqui-

tous hand sanitizer, and Plexiglas barriers. In addition to in-store opportunities, Little Luxuries offers curbside and delivery ser-vice and shipping. The online sales pivot helps Moore connect with customers in the ways they are comfortable for them.

Having to scramble at the onset of the pandemic kept Moore as busy as she would have been had the store remained completely open. “We just quickly pivoted over to selling online,” she says. “While that was still in motion, that wasn’t up and ready to go immediately. With social media, we just kind of posted online and we had to shift to our own homes initially. Using USPS [U.S. Postal Service], we relied heavily on flat-rate shipping boxes and just tried to make the shopping experience as easy as possible.”

With sales growing again after that initial

Caitlin Suemnicht

Chr

is H

ynes

RESTAURANTS’ HOLIDAY HOPE

Other than hotels, no industry has suffered

more sales and job losses during the pan-

demic than the restaurant industry. Even

since reopening, they have been relegated to

limited indoor seating, outdoor seating where

possible during the summer, and carryout and

delivery options, and the forthcoming holiday

season probably won’t provide a yuletide

respite for restaurant operators.

Given the loss of 2.3 million jobs from the

industry’s February peak — yes, that includes

recent job gains — the National Restaurant As-

sociation now believes the industry’s return to

pre-COVID employment levels will take years,

not months.

In fact, the other “NRA” conducted a survey

of 3,500 restaurants from Aug. 26 to Sept. 1 and

found that 33% of Wisconsin restaurants are

unlikely to be in business six months from now if

pandemic restrictions continue. In addition, 68%

of restaurant owners in the state don’t expect

their restaurant’s sales to return to pre-coro-

navirus levels within the next six months. That

should set off some alarm bells.

In Madison, the local “Streatery Program”

has been helpful for establishments that can

offer an outdoor dining experience, and thanks

to the people who want to support restaurants,

they are doing good curbside and delivery

business, but it’s not the volume they had with

in-person dining prior to the pandemic.

Caitlyn Suemnicht, chief operating officer

of Food Fight Restaurant Group, says better

takeout and delivery business should keep the

group stable through the spring, even without

the benefit of outdoor dining. Food Fight, which

is hiring again after the pandemic forced lay-

offs, is trying to expand its delivery footprint in

Dane County with the help of partnerships with

EatStreet, Uber Eats, and Green Cab.

Since not every Food Fight restaurant

does great carryout business, management has

discussed temporarily closing some for a few

months if necessary. “Now, we haven’t pulled the

trigger on any of that yet because we still need a

little bit of time to see what happens in the next

month now that people aren’t dining outdoors as

much,” Suemnicht acknowledged before Avenue

Club closed, “but if we have to do that to ensure

the long-term survival or give us a better shot at

long-term survival, we will.”

With that in mind, gift cards, especially for

restaurants, will be crucial for holiday sales,

and restaurants will be getting creative with

them. Food Fight usually offers a $25 bonus

certificate when people purchase $100 in gift

cards, but given the pandemic restrictions, it

will provide a book of offers valued at $100.

The point of that is to drive foot traffic to every

single location instead of just spending that

bonus certificate at one place, one time, Suem-

nicht notes.

The state of Wisconsin has allocated more

than $100 million to help hard-hit Wisconsin

businesses, including restaurants, through the

winter, but if more federal stimulus became

available, would Food Fight apply for it? Abso-

lutely, but with the understanding that it might

be structured differently, perhaps to make up

the difference between 2019 and 2020 sales.

A couple of Food Fight restaurants have come

close to pre-pandemic sales, but others have

struggled, and additional aid might save jobs.

There is always the possibility of a safe and

effective COVID-19 vaccine, but Suemnicht has

been conditioned not to think anything will make

an immediate difference.

“Do I think there will be a vaccine and cus-

tomers will come pouring in our door? No, but

when there is a vaccine, I’ll be happy that we

potentially won’t have to have six feet of space

between customers in our restaurants.”

FEATURE RETAIL

IBMADISON.COM 37

halt, the store is nowhere near what it’s accustomed to, especially given its location on State Street — normally, one of the more heavily trafficked streets in Madison. Their perception of safety is part of the calcula-tion, and that reinforces the need to have robust e-commerce.

“To go from the traffic that we’re used to where we are currently — we have pedestrian counters on the street, and at points you can see we’re down 50% traffic, 60% traffic,” Moore laments. “As far as sales go, that lower traffic count can immediately align with sales if you are not already established online. So, now that we do have a [e-commerce] website, it’s all about marketing that before the holidays and making sure that people still know the way to connect to us.”

For independent retailers, the cost of shipping, and time commitment associated with it, can be excessive, but Little Luxu-ries has found ways to make it as efficient as possible. Moore created a shipping and receiving space in the basement, but with the amount of time it takes, it’s like balanc-ing several businesses. With a commercial website, delivery, and in-store sales, “those are all uniquely different ways to operate as a business,” she notes. “Considering our team is quite small, it will be an interesting experience, unlike anything we’ve had to do before. We’re kind of learning as we go.”

As a result, holiday sales expectations are tamped down even though the holiday season is starting earlier. “Thirty percent of our sales, on average, is what is deter-mined in that mid-November through December period — the holiday season,” Moore notes, “and I’m assuming it will be 30%, but when we talk about 30% in a year like this, that volume will be less than what we’re accustomed to just due to the limitations.”

The silver lining is that if Little Luxuries can survive the pandemic, it’s new ways of doing business should really bear fruit on the back end. “It will take some time, but once we get there, we’ll be established, and we’ll be doing business in a new way,” Moore says. “This expansion online will definitely stick with us and offer more ways in which we can connect, and especially multigenerationally connect. On the back end of this, we’re going to be stronger as a business and more connected to our com-munity than ever before.”

MONROE DOCTRINEWith the completion of reconstruction work on Monroe Street, Abigail Barth, owner of ReFind Style, 1639 Monroe St., thought her 3-year-old consigned clothing store cleared a hurdle, but street construction has nothing on COVID-19.

So, here she was, with this wonderfully revamped street, and then comes a pan-demic. During the reconstruction of Mon-roe Street, it was about everyone coming together, being together, getting through it together. What is interesting about this scenario is that everyone’s struggle is so different from person to person and from business to business.

“That’s been devastating,” she acknowl-edged. “Everyone was looking forward to a lot of the new things to come from Monroe Street. I was really looking forward to this summer and the expectation that there was going to be this new vibrancy on Monroe Street. There was a day a couple of weeks ago, a really slow day, and I walked outside, and I looked down the street and there were no cars. Just sad.”

Barth describes her primary customer demographic as a woman in her mid to late 30s who knows who she is, knows how her style represents her, and can have fun with the apparel ReFind Style provides. The 2020 business slump is all the more disap-

pointing because the year started out pretty well and because Barth is going through that crucial third year of business that tells retailers whether or not they will have the momentum to keep moving forward. Head-ing into March, it felt like full steam ahead. “We looked back and painfully laughed be-cause we really felt good at that point,” she relates. “Then, when everything fell apart, it was pretty devastating.”

After allowing herself a day to cry and take a few days off when the shop was closed, Barth came back, put her head down, and started to develop a better web-site on her own, using a website template maker that people could shop from. She had dabbled in getting some of her vintage items on Etsy, but she had to take a 72-hour self-education session on how to make a website.

“My consignment is about 50%–60% vintage clothes, and then Etsy is out there for the really serious vintage buyers in the world, and I thought to myself, everyone in the world is sitting at home, doing noth-ing, and so let’s crank up that Etsy shop as well. That was our focus for about two months.”

Call it a refocus, a pivot, or a transition, but whatever it was, call it very neces-sary. “That felt very difficult for so many reasons, from people concerned about the health crisis and that not being dealt with correctly, and then it just felt the problem as a whole was handed over to the busi-ness owners.”

As a sole proprietor, she applied for but did not receive a PPP loan, but she would try again if and when Congress extends the program. She did receive $3,000 in assistance from Dane County, which was most welcome. “That was a lifesaver, liter-ally, thrown to me out in the middle of the ocean,” Barth says. “The transition has been the most difficult. My sales are down exponentially. I mean, right now, I’m doing 30% of what I was before.”

When it comes to buying things on consignment, many people prefer to see merchandise in store. Adding to Barth’s challenge is that people aren’t going out as much, and they aren’t spending money unnecessarily. One way she’s tried to over-come that is by arranging private shopping sessions for customers who don’t want to come to the store if other people are there. “It helps them to feel special,” she says.

“To go from the traffic that we’re used to where we are currently — we have pedestrian counters on the street, and at points you can see we’re down 50% traffic, 60% traffic.”

— Amy Moore, Little Luxuries on State Street


Interviewed in early September, Barth noted she had a customer in the store the day before who was very excited to treat herself, but she’s an exception to the cur-rent rule. “People are very excited to treat themselves to something special, but I also understand that my demographic is the peo-ple who are following the recommendations of the CDC [Centers for Disease Control and Prevention] and not leaving their house and not going into places they don’t need to go,” Barth states. “It’s frustrating, though, because you go into Target and it’s full of people, but they won’t come into my 800-square-foot store.”

Asked if she feels the need to cater to those who need remote, working-at-home attire, Barth notes that remote working has inspired certain trends, but not for local buy-ers. At the moment, sales to people outside of Greater Madison account for 60% of her business. “I just kind of flipped my store seasonally and it was really strange because I had to think differently about what kinds of products that I want in there,” she says. “They are not coming in and buying dresses or clothing for work. It’s been more advan-tageous online because there is a whole

trend toward vintage styles like kaftans, muumuus, house dresses, and vintage lounge wear.

“There is a whole trend globally and so I have found those people and I found that niche,” she adds, “but that’s not in Madison because they are going to Target and buying stretch pants and sweatshirts. I don’t have that, nor will I ever.”

ORANGE GROOVEOn Monroe Street, Carol “Orange” Schroed-er wears two hats. First, she’s co-owner of Orange Tree Imports, a 45-year-old specialty retailer at 1721 Monroe St. Secondly, she’s chairman of the Monroe Street Merchants Association board, so she’s not only worried about her own shop, she’s concerned about the whole street.

Yet the COVID-19 pandemic hasn’t been the worst thing that’s happened to her this year. On Aug. 11, her husband and store co-owner Dean Schroeder suffered a heart attack while biking with friends. He was hospitalized for the better part of a month and likely won’t be able to help around the store this holiday season.

To put it mildly, 2020 hasn’t exactly

been a great year for the grins. From an operational standpoint, Schroeder’s biggest challenge has been pivoting from providing a meaningful in-store experience for shop-pers to finding alternative ways for them to access the store’s merchandise. This work includes working with a vendor to increase online offerings, which is combined with a curbside pickup option that so far has been embraced by customers.

Orange Tree Imports also makes good use of a back porch where people can come in on the alley and pick up their purchases. So far, that has worked pretty seamlessly, but even that alternative could be undermined during the winter by a debilitating snowstorm, and Schroeder isn’t sure that customers will want to wait out-side in the cold because the store can only welcome a handful of in-store customers at a time. Given the restrictions mandated by public orders, Orange Tree Imports has set up a model where a limited number of mask-wearing customers can come into the store and shop, but Schroeder feels that experience is not as much fun as shopping under normal circumstances.

Even with adaptations that keep the train running, Schroeder is very concerned about what the holiday season will bring because it represents about 40% of her business. “Right now, we allow five to six customers in the store at a time, and if you’ve been in Orange Tree Imports during the holidays, you know that’s a small fraction of the number of people who are usually there, filling up shop-ping totes full of gifts and gift wrap and ornaments and all of the things that make the holidays special,” she says. “We are concerned, and realistically we know that the 2020 holiday season is not going to be what we hoped it would be.”

Not only does she have to temper her expectations, she has to temper her buying. While Orange Tree Imports hasn’t canceled orders that it placed for the 2020 holiday season, it is being very cautious going forward because Schroeder knows it’s been a very challenging year for both suppliers and sales reps. “One of the things that is giving everyone anxiety is the idea that we have no idea when things will re-turn to any sense of normalcy,” Schroeder states. “When will in-person shopping be carefree again?

“We just don’t know.”

“One of the things that is giving everyone anxiety is the idea that we have no idea when things will return to any sense of normalcy. When will in-person shopping be carefree again? We just don’t know.”

— Carol “Orange” Schroeder, Orange Tree Imports

Ste

ve D

aubs

, Gra

vity

Pho

to C

o.

Dean and Carol “Orange” Schroeder of Orange Tree Imports

FEATURE RETAIL

IBMADISON.COM 39

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SPONSORED CONTENT

Two of the most common construction project delivery options that

business owners utilize are a hard-bid process (design-bid-build) and

a negotiated process, which includes design-build or construction

management at risk. What’s the difference? And why does it matter?

The first involves the owner hiring an architect to complete the design

and engineering for the project prior to soliciting bids from general con-

tractors; the award usually goes to the lowest bidder. The latter approach

brings on the general contractor early in the process — often at the same

time as the architect — and allows all parties to collaborate on the project’s

key objectives including scope, design, schedule, and budget.

“There are advantages and disadvantages to every project delivery

model. All of them have a place and all of them can be successful,” says

Steve Wolters, health care market leader and senior vice president of

Madison operations for Miron Construction.

Miron Construction is a Wisconsin-based firm whose recent Madison

area projects include the new Nichols Recreation Center at the University

of Wisconsin–Madison, several city of Madison municipal projects, and The

Gebhardt Building on East Washington Avenue, where Miron’s Madison

office is located. In the Madison market, approximately 60% of Miron’s proj-

ects stem from the hard-bid process, with the remainder being negotiated

contracts. That said, Wolters favors the negotiated process when possible.

“I like to see the general contractor involved early, because I think we

can bring a lot of knowledge to the table to help ensure an efficient process

and, more importantly, to ensure that all of the objectives of the project are

met,” he says. “With the hard-bid process, projects often experience exces-

sive changes and end up over budget because the construction manager

wasn’t involved in the planning process. The key value we can bring is

confirming the budget and schedule targets, and address issues of con-

structability. Owners are requesting that projects be brought on line much

quicker. As part of the design team, we can provide input such as real-time

estimating, so the owner and the architect/engineer can understand the

ost impact of every design attribute and make informed decisions if those

specific attributes should be included in the project. The process is way

more efficient for all involved and leads to less recycling of work, less

disappointment, and a more enjoyable journey.”

Another key to project success lies in making sure various user groups

are engaged throughout the process. In the early programming and design

phase, ask employees to identify improvements needed in their workspac-

es, engage them in the design process, and then give them tours of the

building at various phases of completion, Wolters suggests. He adds that

such an approach helps create buy-in among all stakeholders.

“Understand that that takes time and energy because you’re taking

those individuals away from their main job responsibilities to get them

involved in the project,” he says. “But if an organization is truly committed

to designing and delivering the best facility possible, the investment of

keeping those individuals informed throughout the process leads to huge

dividends in the end.”

SPOTLIGHT MIRON CONSTRUCTION

Among Miron Construction’s Madison-area projects is the Gebhardt Building on East Washington Avenue, home of Miron’s Madison office.

HOW EARLY COLLABORATION YIELDS SUCCESS

CONTACT:Steve Wolters

Health Care Market Leader & Senior VP, Madison Operations

[email protected]

608-203-2735 miron-construction.com

Mir

on C

onst

ruct

ion

IBMADISON.COM 41

Building relationships is much like building strong, lasting structures. It takes people working together as a team, striving to achieve a common goal and aspiring to make a difference. Together, we are Building Excellence.

LEARN MORE AT MIRON-CONSTRUCTION.COM equal opportunity,l affirmative action employer.

NICHOLAS RECREATION CENTERMADISON, WI

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BUILDINGRELATIONSHIPS


When In Business published its annual “What’s Going Up” feature in Febru-ary profiling 24 projects scheduled

to be completed throughout Dane County in 2020, a global pandemic was little more than a plot in a science fiction movie. Unfor-tunately, COVID-19, like Godzilla, reared its ugly head in March, attacking thousands of people throughout the state and bringing the retail, hospitality, and tourism industries to their knees.

An especially virulent respiratory virus, COVID-19 had sickened 158,578 people since March 15, according to the Wis-

consin Department of Health Services. Statewide, tthere were 31,595 active cases on Oct. 14, with 125,411 people recovered and 1,536 deaths. The numbers are spiking again, however, and health officials worry about Wisconsin’s winter forcing people inside where germs can be spread more easily.

We checked back with some of the contractors featured in February to see how COVID-19 had impacted their com-pletion dates, if at all. Several declined to be interviewed, but others offered some insight not only into their local success

but also projected how the pandemic may impact construction well into the future.

The good news? Most of the February projects were completed on time be-cause they were already in progress when COVID-19 first hit. The bad news is that there’s no end in sight relative to restric-tions forced by COVID-19, and supplies of various materials, particularly lumber, could drive prices much higher and impact affordability.

The construction industry was not hurt nearly as much as the hospitality and restaurant sectors because construction was deemed essential by the Evers administra-tion. Projects could continue with safety measures in place, although some were temporarily delayed by external factors, such as supply-chain issues.

ORDERING EARLYJeff Grundahl, who co-owns JG Devel-opment with his wife, Mary, was in the process of building the new Hotel of the Arts/Baymont Inn & Suites on Coho Street in Madison. In February, the project was on track to be completed in July. Now the plan is to open before the holidays.

Baymont is a brand of Wyndham Hotels, and delays, Grundahl says, were due pri-marily to other factors. That said, he adds that COVID has impacted hotel construc-tion as well as his job as a contractor.

“We’ve seen materials delayed and delivery surcharges,” Grundahl says, but because the project was well underway prior to COVID, the impact has been fairly minor and no jobs were cut. The Baymont, he says, used wood-frame construction and materials that were purchased prior to the pandemic. Other contractors may not have been so lucky.

Immediately, JG Development went into an emergency response mode, which

CONSTRUCTION AND COVID19COVID-19’s construction impacts include less material availability, higher prices, and potentially a long-term suppression of demand for office space.

BY JAN WILSON

Bill

Fri

tsch

“It’s been a matter of learning about COVID, dealing with it, and keeping people safe.”

— Jeff Grundahl, JG Development

FEATURE CONSTRUCTION & DEVELOPMENT

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included things the company hadn’t considered previously — how to mask up, how to clean tools, and handwashing protocol. At the time of this interview, no employee had gotten sick with COVID-19. “We dedicated one person to safety supply delivery, sent him out in a truck with every kind of hand sanitizer solution we had, and had him rotate job sites every day,” Grundahl notes.

Taking quick and decisive action was important but so was adaptability because in the early days of the pandemic, the govern-ment’s guidance could change on a dime. “It gave our team confidence that we had control because the information we were getting from authorities seemed to change every six minutes; it became a full-time job for several people in our company.”

Conversations are different now, he notes, regarding management systems, the number of employees allowed in a room, and entryways and exits as contractors and business owners figure out the new normal. Discussions tend to be about separating people and not requiring them to be con-gregated in one space. “Flexibility is key,” Grundahl says.

“As a company, we already had several people trained in airborne particulate man-agement like lead and asbestos,” he adds. “It’s been a matter of learning about COVID, dealing with it, and keeping people safe.”

MATERIAL SHORTAGESThe pandemic has led to a shortage of Plexiglas, he says, which is being used worldwide to keep face-to-face interactions at a minimum, and the lumber industry has been very hard-hit, forcing prices to sky-rocket. The shortage has also affected the availability of treated lumber and plywood. “It’s very hard to get lumber,” Grundahl

“Double offices won’t be required anymore, meaning we could see an office space shortage of thousands …”

— Brian Hornung, J.H. Findorff & Son Inc.

KNOCK ON WOODHomebuilders plead for federal help

Late in September, executives from the National Association of Home Builders (NAHB)

met virtually with Department of Commerce Secretary Wilbur Ross. At issue was the

cost of lumber, which has seen a dramatic uptick due to the COVID-19 pandemic.

In mid-May, framing lumber experienced its largest two-week increase in more than a

decade, and solid-yellow pine two-by-four prices rose 50% in four weeks, largely because

home improvement stores also were deemed essential businesses, sparking a flurry of

home DIY projects. While the futures price came down by early October (see chart), NAHB

officials stressed how important lumber was to home building and how large spikes in the

cost of lumber could impede the U.S. housing market.

Random Lengths, a trade publication for the wood products industry, reported an aver-

age 170% increase on lumber prices since mid-April, the largest spike since 1949, with res-

idential builders absorbing most of the increase. On average, the unprecedented increase

could add $16,000 to the cost of a new single-family home, or $6,000 to a multifamily unit.

NAHB’s concern is that skyrocketing lumber prices will make it much more difficult to

build affordable housing for low-and moderate-income families.

Ross told the industry executives that lumber mills are nervous that an uptick in hous-

ing is temporary, while the NAHB maintains that most lumber mills are running two shifts

instead of three and can’t catch up to the backlog caused earlier in the year when jobs

were lost at the height of the pandemic.

1/10/20

$1,000

$900

$800

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Per th

ousan

d boa

rd fee

t

$600

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IBMADISON.COM 45

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states. “There’s no availability and prices rose 100%, 150% in many cases.”

Most lumber mills are located in the southern U.S., and some lumber comes from Canada. When the pandemic first hit, the mills furloughed most of their staffs in anticipation of a sharp decline in demand, but there was no such falloff. “Businesses sent everyone home to work virtually and it seems they all wanted to do a home DIY project!” Grundahl notes. “Nationally, we haven’t seen any major slowdowns in construction starts related to housing, so the supply chain petered out on fear of COVID and staff reductions.

“Now, due to COVID restrictions, the number of employees that mills can call back are not enough to keep up with the standard demand for lumber much less a deferred demand over several months,” he adds. “It’s created a storm in the lumber industry and is now being discussed at the federal level to try to figure out what they can do.”

The aforementioned storm has caused delays in construction of several months, with projects that were supposed to start in spring not breaking ground until late sum-mer. In Grundahl’s words, now everyone is “over-the-top busy,” picking up jobs that should have been completed in September but just started in August.

The biggest challenge is that nobody knows for certain how things should be done, he explains, especially when contrac-tors are trying to manage the expectations of authorities and staff and the public. “Every-one has their own opinions and there are very few facts. It makes it tough.”

Given what has transpired, Grundahl predicts COVID-19 will impact construction for years to come. “But I also believe the pendulum will swing back. Americans are

“I’m a glass-half-full guy … I believe communication has been spurred in a positive way.”

— Brian Horras, CG Schmidt


IBMADISON.COM 47

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Americans, and we’ll go back to our stan-dards as quickly as the world allows us.”

BACK TO SCHOOL?Brian Hornung, executive vice president of J.H. Findorff & Son, noted some project delays early on, but says for the most part they finished on time.

In fact, the highly anticipated Verona Area High School project finished ahead of schedule, thanks in large part to students not being in school due to COVID restric-tions. The school district showcased its $150 million, 590,000-square-foot school and 160-acre campus in January, with scheduled tours and online drone flyovers in anticipa-tion of the September start to the 2020–2021 school year. Ironically, the building now sits empty as virtual learning continues and sports are canceled.

Of those projects featured in February’s magazine, Findorff completed all with only slight delays, Hornung reports. That in-cludes two for Exact Sciences — Discovery Campus on the Beltline and Innovation One in University Research Park — and the Uni-tyPoint Health–Meriter Child and Adolescent Psychiatry building. Each was scheduled for an April opening.

What complicated matters was not understanding the magnitude of COVID-19, Hornung explains. “Our first priority was conducting our business safely and keeping our employees, their families, the business owners, and subcontractors safe.” The com-pany became “hyper focused” on sanitation, he adds, which didn’t add relative cost but quickly paid off in terms of the workforce because Findorff actually increased its employee count.

As for the long-term pandemic impact, office spaces will change, Hornung ex-plains. “We’ve learned that there won’t be as many people working in the office, and those who do work will need more space.” COVID has forced new discussions about where to locate Plexiglas, how employees flow through a space, and whether auto-matic door openers or foot openers are necessary.

“Double offices won’t be required anymore, meaning we could see an office space shortage of thousands, while people who will work from home may require home office improvements.”

HVAC systems have taken on more prominence, with ionization systems and air exchangers for cleaner air.

Geography brings another complication. Findorff has current jobs in Illinois, Virginia, Arizona, and will soon begin projects in Washington state and Florida. Keeping abreast of each state’s changing regula-


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tions is also a challenge.“In terms of the future, we’re not op-

timistic, but we’re not pessimistic, either,” Hornung states, adding that Findorff is a 130-year-old company that has survived because of the relationships it has built. “COVID has completely changed how we pursue work, and we’re really getting good at Zoom interviews, but we absolutely need to make sure that electronically, our points are getting through.

“That said,” Hornung adds, “I don’t think the industry will ever go back to how things were.”

DESIGNS ON COVIDMilwaukee-based CG Schmidt was in the process of renovating its new Madison office in February. Scheduled to relocate in June, the office actually opened in early July, but not because of COVID-related issues. In fact, CG Schmidt hasn’t had any deadlines breached by the pandemic, ac-cording to Brian Horras, project executive.

Previously, the company had rented its Madison space until purchasing an existing 1960’s building on West Washington Ave-nue to signal its commitment to the local market. Inside, CG Schmidt occupies the first two floors and plans to lease floors three, four, and five.

The building’s two staircases are des-ignated “up” and “down” to direct human movement; elevator access is restricted; and Plexiglas partitions were added to the lobby desk. The flexible space includes individual offices, each with a sliding glass door, and “hoteling” space is available on a first-come, first-served basis for visiting field personnel who may need to work on paperwork. “Our workforce comes and goes at differ-ent times, so there isn’t much crossover,” Horras explains.

That said, the number of employees allowed in the office at one time is lim-ited, and employees working on jobsites are discouraged from visiting unless abso-lutely necessary.

CG Schmidt staff also put together a COVID task force that meets twice a week to keep up to date on changing recom-mendations, and cleaning and sanitizing is conducted daily. “We all wear masks,” Horras adds, but working virtually is the company’s most significant change.

“We used to have weekly in-person meetings with architects and engineers, especially on school projects. It was tricky, but I’m a glass-half-full guy,” he says. “Now I see the benefits. Virtual meetings are saving time and travel, and I believe communication has been spurred in a positive way.”


Small businesses have suffered immensely from the economic effects of the COVID-19 pandemic, but another potential threat looms large. Specifically, what is a business’ liability when it comes to COVID-19

and what do employers need to do to protect themselves from pandem-ic-related legal action?

Outside of an actual courtroom, the court of public opinion on the highly sensitive topic of the pandemic has already begun issuing verdicts. One need look no further than the case of Helbachs Coffee Roasters and Kitchen in Middleton, which lost its lease in August after a much-publicized standoff with Public Health Madison and Dane County over the county’s face-mask mandate.

Helbachs Coffee owners refused to enforce or even comply with the public health requirement, and the facility risked losing its food and drink license if it continued operating in violation of the mask mandate. How-ever, before that could happen, increasingly negative public pressure and the loss of its lease led to Helbachs closing its storefront on Aug. 31.

In these tense times, it won’t take much for concerned consumers or fraught workers to seek formal legal action against businesses they feel are at best not creating a safe environment and at worst are directly responsi-ble for the transmission of COVID-19 to the public. It’s in no small part why Wisconsin Manufacturers and Commerce (WMC) has rallied behind an effort to block the release of business names that have had employees test positive for COVID-19.

WMC filed its own lawsuit to stop the release of names of more than 1,000 businesses by Gov. Tony Evers’ administration if they had at least two employees who tested positive for COVID-19 — regardless of where the em-ployees contracted the virus. WMC was particularly concerned that business information could be released even if the organizations had no employees

PROTECTING YOUR BUSINESS FROM COVID19 LAWSUITSWith federal and state legislation on hold, business owners can consider waivers or just employ plain, old common sense.

BY JASON BUSCH

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FEATURE LAW

The best path forward.P R E E M I N E N T L E GA L R E P R E S E N TAT I O N

B O A R D M A N C L A R K . C O M

For over a century, we have worked side-by-side with our clients

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“Proving that a customer contracted COVID-19 at a business is such a fact-intensive question that it is difficult to state a generalized way to prove liability.”

— Robb Evans, Murphy Desmond S.C.

test positive but had two or more contact tracing investigations.

“This type of release has the potential to spread false and misleading information that will damage the brands of Wisconsin employers,” noted WMC President and CEO Kurt Bauer in October. “Not only could this cause significant financial and reputational harm to businesses, it would reduce the effectiveness of contact tracing, reduce the confidence level workers have in their employers, and actually increase the likeli-hood of spreading the virus.”

WMC’s effort was successful, at least momentarily, as on Oct. 1, Waukesha County Circuit Court Judge Lloyd V. Car-ter issued a temporary restraining order barring the release of business names with employees who have tested positive for COVID-19.

Still the issue proves just how tenuous the situation is for businesses, especial-ly small businesses, as having to worry about the potential for lawsuits is now just one more item added to the laundry list of setbacks brought on over the past seven months by the COVID-19 pandemic.

What’s a business owner to do to protect their livelihood at the same time they’re also endeavoring to protect their workers and the public?

FEDERAL HELP IS ON THE WAY, RIGHT?Not likely, at least not in any way that’s gained traction since mid-summer, though the general election race proved strong enough to forestall many efforts at addi-tional COVID-19 relief being negotiated in the halls on Congress.

The Safeguarding America’s Frontline Employees To Offer Work Opportunities Required to Kickstart the Economy Act, mer-cifully shortened to the “SAFE TO WORK” Act and proposed by Congressional Re-publicans, sought to address concerns that COVID-19-related lawsuits “risk diverting taxpayer money provided under the CARES Act and other coronavirus legislation from its intended purpose to the pockets of opportunistic trial lawyers.”

The Act further states that Congress must “safeguard its investment of taxpayer dollars under the CARES Act and other coronavirus legislation [to] ensure that those funds are used to help businesses and workers sur-vive and recover from the economic crisis, and to help health care facilities defeat the virus.”

To this end, the SAFE TO WORK Act would provide businesses, schools, colleges, churches, charities, and many other insti-tutions immunity from personal injury law-suits, and from certain federal enforcement actions for COVID-19-related exposures, so long as reopening steps are taken in line with applicable health guidance.

Providing some formal legal protec-tion for businesses against liability due to COVID-19 is necessary, argue Republi-cans, because businesses and other institu-tions are making decisions with incomplete information about a disease that contin-ues to confound the medical community. Therefore, workers shouldn’t be able to sue if they contract the disease in the workplace.

The issue is opposed by Democrats, however, who say it could leave workers without recourse if they become infect-ed as a result of irresponsible or unsafe actions by employers.

SO, THEN THE STATE WILL DO SOMETHING?Well, maybe.

No fewer than seven states have passed some form of new laws or executive or-ders in recent months protecting businesses from coronavirus lawsuits. The new laws range from exempting all businesses from lawsuits brought by people who contracted COVID-19 (Wyoming’s law, for example, exempts “any person or business”) to apply-ing only to specific businesses or industries, notes an analysis by the PEW Charitable Trusts. Some extend protections for man-ufacturing plants that may have shifted to producing personal protective equipment, for example, while others apply only to health care facilities.

In Wisconsin, some legislators have circulated legislation to protect businesses and property owners from liability, says Robb Evans, a business attorney with Mur-phy Desmond S.C. in Madison. However, the timeline is unclear, at this point, for such a bill to work its way through the legislature. It is also unclear whether Gov.

iSto

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FEATURE LAW

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“COVID-19 waivers are new and have not yet been interpreted by the courts. It is possible that courts will rule that such waivers are against public policy.”

— Lisa Kleiner Wood and Ethan C. Geis, Davis Kuelthau S.C.

“Not only could this cause significant financial and reputational harm to businesses, it would reduce the effectiveness of contact tracing, reduce the confidence level workers have in their employers, and actually increase the likelihood of spreading the virus.”

— Kurt Bauer, WMC

Evers would sign that legislation.“While there have been certain legislative

liability shields extended to health care-re-lated industries and workers, including in Wisconsin, there have only been prelim-inary discussions of legislation that would create a liability shield for other busi-nesses during this [continued] reopening phase of the pandemic,” add attorneys Lisa Kleiner Wood and Ethan C. Geis of Davis Kuelthau S.C., which has offices in Green Bay, Milwaukee, and Brookfield. “It is unclear whether such legislation will be passed and, if it passes, whether liability protection will be predicated on business-es meeting certain thresholds for following local, state, and federal health guidelines. COVID-19 waivers are new and have not yet been interpreted by the courts. It is possible that courts will rule that such waivers are against public policy.”

Until there is further guidance, Kleiner Wood and Geis note businesses may wish to proactively limit potential liability on their own by requiring guests and potential customers to sign liability waivers, though they don’t go so far as to address em-ployees signing waivers provided by their employers. “While in Wisconsin the actual effectiveness of such liability waivers might be limited, a well-crafted liability waiver that is drafted to include requirements found in Wisconsin case law may increase the likeli-hood of enforceability.”

In general, however, liability waivers are often not favored by Wisconsin courts, Kleiner Wood and Geis state. “Given the Wisconsin court’s position relating to enforceability of liability waivers, there is no guarantee that even the most carefully crafted waiver will be effective to neutralize all risk and liability from claims relating to inadvertent transmission of the virus on a business’s premises.”

Evans, of Murphy Desmond, notes that

there might be validity to the claims from proponents of liability protections that the kinds of lawsuits these laws are trying to curtail are at best misguided and relying on insufficient or conflicting information and at worst are completely frivolous and damaging to a business’ reputation.

“There could be some merit to these claims but even saying that is speculative,” contends Evans. “As we have seen with the difficulties of contact tracing, it is equally difficult to pinpoint where a person may have contracted COVID-19. Thus, business-es may end up being unfairly targeted for liability due to a perceived sense of having the resources to pay the damages that could be incurred as a result of a lawsuit.

“However, blanket liability may create an incentive for a business to relax safety and sanitation protocols because it is shield-ed from liability,” Evans continues. “This could increase the chances that a person gets infected by patronizing a business. In the very short-term, it may help reopen the economy. But without ways to ensure that businesses maintain proper safety and sanitation protocols, the economy may shut down again if customers are fearful of patronizing businesses where they might contract COVID-19.”

While Evans is unaware of any pending COVID-19 related lawsuits in Wisconsin at this time, he believes it’s really still too early to see how COVID-19 has altered business liability cases. It could be months or even years before we see how things have changed in this regard, he notes.

That said, Evans expects businesses could be affected in other ways in the meantime if they’re being overly cautious or particularly lax in their handling of COVID-19 safety measures.

“There is a risk that businesses will lose customers because of choices made regarding COVID-19 related protocols,” says Evans. “Some customers will be annoyed with strict protocols, whereas risk-averse customers will avoid businesses that do not enact the strictest measures. There will also be customers who fall in between the extremes. A business should follow the rules/orders/laws that are in place and do its best to maintain relationships with its customer base.”

If a customer believes they contracted COVID-19 as a result of patronizing a busi-ness, those consumers have the same re-

course against that business as they would against a business where they suffered a slip-and-fall injury, explains Evans. How-ever, the ability to prove liability against a business is going to be tougher in a COVID-19 case than a slip-and-fall case.

“The most straightforward case would be someone who has no interactions ever, except went to a store once and then tested positive for COVID-19,” posits Evans. “However, that does not reflect most people’s lives. Most people, even in a socially distanced world, have many interpersonal interactions daily where they could potentially contract COVID-19. Prov-ing that a customer contracted COVID-19 at a business is such a fact-intensive question that it is difficult to state a generalized way to prove liability.”

If employees believe they contracted COVID-19 while at work, their recourse is to file a worker’s compensation claim. Potentially, an employee could have a negli-gence claim against their employer if their employer is not following safety and sanita-tion protocols, though Evans points out he is not aware of claims of that nature being litigated at this time. As such, it is unclear whether an employee is likely to prevail on such a claim.

“Ultimately, employees should take the precautions they deem necessary to protect their health and the health of their families,” Evans says. “This is certainly an unprece-dented time for this country. In order for things to go back to normal, businesses, employees, and consumers are going to have to take the precautions necessary to stymie the spread of COVID-19 until a solution is found.”

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SPONSORED CONTENTWOMEN IN BUSINESS

LEANING ON SOME LEADING LADIESCelebrating women in the business world might seem trite but

given continuing lack of progress on pay equity and board repre-

sentation, it’s still worth recognizing organizations that are making

an effort to diversify and elevate.

So, in this special Women in Business section, we gave the local

business community an opportunity to recognize the women who

make their companies go, and it was banking services compa-

nies that stepped forward. And with good reason — Park Bank,

Capitol Bank, and Starion Bank are fortunate to have gifted women

serving in key roles in their respective organizations.

Inside, you’ll learn about a retail manager who helps Starion

Bank stay connected with clients in the age of physical distanc-

ing, five women who make up a dynamic banking services team

at Capitol Bank, and 10 professional women from Park Bank who

also demonstrate leadership by serving on the local boards of

Domestic Abuse Intervention Services, Underdog Pet Rescue

of Wisconsin, The Business Forum, Madison Festivals, and the

Extended Hands Pantry.

They are but a few of the examples of executive and commu-

nity leadership by Dane County women, but their examples are

inspiring for women and men alike.

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With many different services available to Greater Dane County professionals, Capitol Bank is a refreshing “one-stop shop” that delivers for your personal and business financial needs.

• Amy Gile-Enge and Cori Femrite offer mortgage products with competitive rates and consultative service. It’s a personal touch you may not get elsewhere.

• Anne Conlin is a relationship banker that prides herself on high-touch service for her customers’ deposit needs. She’s driven by making the banking experience tailored and efficient for her clients.

• Wendy Jirsa is the bank manager in Verona. Wendy strives to provide the service our customers not only expect but deserve by focusing on retail and business banking with a personal touch and a familiar friendly face.

• Kari Harpold partners with local business owners on their cash management needs. She’s worked with many Dane County area businesses, ensuring exper-tise in this market.

These five women make up a dynamic banking services team perfect for busy Madison, Verona, and Greater Dane County professionals.

From left to right: Amy Gile-Enge NMLS#586017, Kari Harpold NMLS#1253622, Wendy Jirsa NMLS#1264271, Anne Conlin NMLS#1264283, Cori Femrite NMLS#594085

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Women Empowering Women: Park Bank Female Leaders Serve on Female-Led Nonprofit BoardsPark Bank is proud to have these incredible women on our team, and not just because of their contributions to our business. Each of these women serve on the board for local women-led nonprofit organizations.

Leslie Osman, VP of marketing and communications, is a board member for Domestic Abuse Intervention Services, an organization focused on ensuring the safety and well-being of domestic violence survivors and their families. DAIS also provides the only domestic violence shelter for all of Dane County. DAIS is led by Executive Director Shannon Barry.

Lexi Gates, business services representative, is a board member and foster parent for Underdog Pet Rescue of Wisconsin, which offers pet rescue and veterinary services with a mission to find permanent homes for animals in need and enrich lives by strengthening the connection between animals and people through community outreach. Underdog was founded by Executive Director Lauren Wojtasiak.

Leila Godkin, VP of business banking, serves on the board for The Business Forum, which, appropriately, is focused on supporting and strengthening women in our community through networking events, special programs, and philan-

thropic work. This board is led by President Sam Engelhart of American Printing Co.

Elyse Smithback, first VP of business banking, is a member of the Madison Festivals Inc. board, which produces local events that provide enrichment, education, and entertain-ment to our community, while also raising funds for various volunteer organizations. MFI’s president is Sara Klemme.

Megan Davis, senior mortgage advisor, serves on the board for Extended Hands Pantry, which provides healthy after- school snacks and light meals as well as tutoring services at the Pack and Northport Community Learning Centers. In addition, Extended Hands provides groceries at a curbside pantry for 60–100 families at Lighthouse Church and School. Jenny Czerkas co-founded Extended Hands and serves as operations director.

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Starion Bank offers three convenient Dane County locations, including the newest branch in Sun Prairie.

Checking in with Starion’s Erin JacobsonFrom moms and sisters to co-workers and employees, Starion Bank values the women in business within our communities, families, and in our organization. One of these valued employees at Starion Bank is Erin Jacobson, who we recently had a chance to catch up with. Erin works as the retail manager over our Madison area branches and has been working in banking for nearly 20 years. She was recently able to encourage the retail bankers that she oversees to connect with our customers in a simple yet effective way: a “check-in call.”

Erin says that “these times have brought about new normals, especially the idea of social distancing. We wanted to find a way to connect with our customers even though we weren’t able to actually see them.” Erin and her staff called hundreds of Starion customers to simply introduce themselves and “make sure things are going well.” Erin says that “the feedback to these calls has been incredibly positive,” and she’s been able to see firsthand the big difference that a small act of intentionality can make.

Even with COVID-19 restrictions in place, Starion can offer com-plete financial solutions through these difficult times. “Sometimes our customers don’t realize how much banking they can do with our mobile app — like depositing checks and sending money to family and friends. These check-in calls give us a great chance to tell cus-tomers about convenient products and services,” says Erin. Starion has a full team available to serve customers with all their banking needs. Erin, alongside the whole team at Starion, will continually work to connect with customers on a real and meaningful level.

Past a meaningful connection, Starion offers an array of products and services to meet the needs of businesses and individuals alike. Mobile and online banking provide 24/7 access to services such as checking balances, transferring money, paying bills, accessing bank statements, depositing checks, accepting payments, and more. In addition to information about Starion’s products and services, the website provides a full range of services including online applica-tions for loans and mortgages, the ability to open accounts, and training videos to help customers use the bank’s services to the fullest. To learn more about Starion Bank, visit www.starionbank.com or contact the experts at one of three Dane County locations.

starionbank.com

Erin Jacobson, Starion’s retail manager at three Madison branch locations.


Profiling 20 years of 40 Under 40 classes is not an easy task, but given what we learned in our recent survey of this distinguished alumni group, it was well worth the effort. The young business profession-als who represent the future (and present) of Madison’s executive suite have quite a collective story to

tell, and the following information graphics tell a good part of it. Perhaps the most impressive part of their story is how well their careers have unfolded and how well their entrepreneurial ventures have fared. From their current titles, to their recommended business books, to their preference for dogs or cats, their profiles are well worth knowing.

CELEBRATING 20 YEARSThe character of our 40 Under 40 classes shines here.

BY JOE VANDEN PLAS

CURRENT TITLE OR POSITION

Rising high: A majority of our 40 Under 40

respondents have reached the top, while

just 5% are in a non-management capacity.

Owner/CEO/President/Board Chairman

Partner/GM

C-Suite (excluding CEO, which is listed above)

Senior or Executive VP

Director, Manager, Supervisor, VP

Non-management professional

EDUCATION LEVEL

Like the city itself, Madison’s executive suite

is a highly educated group, and 40 Under 40

alums are no different.

Ph.D.

Master’s or MBA

Bachelor’s Degree

Associate Degree

High School/GED

NUMBER OF JOBS HELD

More than half are with the same organiza-

tion, but nearly 30% have held more than

one job since their 40 Under 40 selection.

With the same company/organization

One

Two

Three or more

56%

17%

17%

10%

5%

34%

54%

3%4%52%

19%

5%

10%

6%8%

40 UNDER 40 ALUMNI PROFILE

IBMADISON.COM 61

iStock

DO YOU HOLD A BOARD POSITION?

Asked whether they currently hold a board position or

leadership role for a nonprofit/charitable organization,

nearly 70% answered in the affirmative.

LIVING OR WORKING IN DANE COUNTY

To the surprise of nobody, most 40 Under 40 alumni

live or work in Greater Madison, but some have found

employment opportunities elsewhere.

Yes

No

93%

68%YES

32%No

AFTER COVID19 WOULD YOU LIKE TO WORK REMOTELY?

The vast majority would prefer a hybrid approach

to work once the pandemic winds down.

All of the time

Some of the time

Never again

13%

70%

17%


MOST ADMIRED MADISON LEADERS

In good company: With all the

accomplished private-sector

executives to admire, our 40

Under 40 alums most admire

the accomplishments and

example set by the president

and CEO of the Boys & Girls

Clubs of Dane County.

WEALTH STATISTICS

Paying the price for success can pay off

handsomely in terms of compensation.

Average annual income: $308,000

Average market value of

primary residence: $614,500

Average value of all

assets/investments owned: $2,590,000

Getting personal: Professional data tells only part of the story.

Personal information helps paint a fuller

picture, so we asked members of past 40

Under 40 classes about their affluence, the

local organizational leaders they most ad-

mire, about canines or kitties, what they like

to read and watch, and where they prefer

to travel.

RECOMMENDED BUSINESS BOOKS

40 Under 40 selections not only aspire to lead, they want to be outstanding

leaders, as their list of recommended business books suggests.

1. Good to Great — Jim Collins

2. Dare to Lead — Brené Brown

3. How to Win Friends & Influence People — Dale Carnegie

4. Start with Why — Simon Sinek

5. Grit — Angela Duckworth

6. Lean In: Women, Work, and the Will to Lead — Sheryl Sandberg

7. 7 Habits of Highly Effective People — Stephen Covey

8. The Power of Habit — Charles Duhigg

9. Leaders Eat Last — Simon Sinek

10. The 4-Hour Workweek — Timothy Ferriss

11. Drive — Daniel Pink

12. Ideal Team Player — Patrick Lencioni

Michael Johnson

Jack Salzwedel

Kevin Conroy

Richard Lynch

Deb Archer

Judith Faulkner

Renee Moe

Catch Up With the 40 Under 40Ever wonder what happened to past 40 Under 40 selections?

To find out, visit IBMadison.com/WhereAreTheyNow


IBMADISON.COM 63

DOGS OR CATS?

Cats might be low-maintenance pets,

but dogs are overwhelming favored

by the 40 Under 40.

23%

13%19%

6%

39%

63%

11% 13%12%

CHILDREN?

When it comes to growing their families, two is enough for nearly

40% of our 40 Under 40 classes. Four or more appears to be the floor. PAST. PRESENT. FUTURE.

��

www.cdsmith.com

WE’RE BUILDING THAT.UW-Madison Sellery Hall

SUBURBS OR URBAN LIFE?

As people climb the executive ladder and grow their

families, they tend to migrate to suburban environments.

None

One

Two

Three

Four or more

71%Suburbs

29%City

Dog

Cat

Can’t decide - I have both!

I don’t like either of them!


MAC or PC

MacBooks have a very devoted following, but other personal computers

are the top choice of most young professionals here.

THE 40 UNDER 40 IS SPONSORED BY:

LIFESTYLE INTERESTS

Over the summer, playing more golf was a favorite pandemic activity in Madison, but it was also deemed essential by many 40 Under 40 alumni.

As one can see, they have no shortage of lifestyle interests to pursue.

Golf

Boating/Watersports

Kayaking/Paddleboarding

Cycling

Gardening

Skiing

Fitness/Wellness programs

Running

Yoga

Music/Theatre performance

Sports events (Professional,

Badgers, Mallards, etc.)

Hunting/Fishing

Gourmet cooking

Craft beers

Wine tasting

None of the above

48%

32%38%

31% 28% 27%

57%

41%

26%

41%

70%

23%

38%

30%

42%

1%

22%Mac

63%PC

15%No preference

VACATION

Wisconsinites travel well, and they also are well traveled, so tropical

destinations most often are cited as ideal vacation spots.

Tropical location

Up north to a house on/near a lake

Outdoor/camping

Cities in the U.S.

International locations

No time for vacations!

Other

38% 18%

11%2%

11%

4%18%

EXERCISE

Whether or not they are still under 40, most class members are physically active

to some degree, and many get moving at least 3–4 or 5–6 times per week.

1-2 times a week

3-4 times a week

5-6 times a week

7 or more times a week

Not routinely

16%

7%

28%

41%

7%

Kosnick Financial Group��

Still Time to Apply for 40 Under 40Applications for the 2021 “40 Under 40” class are being accepted

online through Nov. 15. To apply, visit IBMadison.com/40Under40


IBMADISON.COM 65

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Instagram

LinkedIn

Twitter

Not on social media

Other

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SOCIAL MEDIA

The Twitter Universe might be expansive, but it comes in a distant fourth behind Facebook, LinkedIn,

and Instagram when it comes to the social media preferences of our 40 Under 40 alums.

BINGEWORTHY TV/STREAMING

The “goings on” in Ozark and Schitt’s Creek are the most “binge-worthy” for 40 Under 40 television viewers.

Ozark

Schitt’s Creek

Yellowstone

The Marvelous Mrs. Maisel

Peaky Blinders

Alone

SPORTS TEAMS

Not surprisingly, local sports teams are the favorites of our 40 Under 40 classes,

and their geographic rivals have achieved “Most Hated Villain” status.

Favorite Teams

1. UW Badgers

2. Green Bay Packers

3. Milwaukee Brewers

4. Milwaukee Bucks

Least Favorite Teams

1. Minnesota Vikings

2. Chicago Bears

3. Chicago Cubs


Law FirmsLargest firms ranked by the number of Dane County attorneys, then full-time-equivalent employees (3PT=1FT) if tie

Rank Company Attorneys FT/PT Areas of Practice

1 DeWitt LLP dewittllp.com

2 E. Mifflin St., #600, Madison, WI 53703

(608) 255-8891

70 104/8 Business, labor/employment, environmental, estate planning, family law,

government relations, intellectual property, litigation, and real estate

2 Boardman Clark LLP boardmanclark.com

1 S. Pinckney St., #410, Madison, WI 53703

(608) 257-9521

67 110/2 Banking, business, dealership, estate planning, family, intellectual prop-

erty, labor/employment, litigation, municipal, real estate, school, taxation

3 Foley & Lardner LLP foley.com

150 E. Gilman St., #5000, Madison, WI 53703

(608) 257-5035

56 116/1 Business, securities, venture capital, intellectual property, litigation,

employment, real estate, estate planning, regulatory, and tax law

4 Axley Brynelson LLP axley.com


(608) 257-5661

51 94/3 Business, tax, estate, corporate, real estate, construction,

litigation, insurance, family, labor/employment, and injury

5 Quarles & Brady LLP quarles.com

33 E. Main St., #900, Madison, WI 53703

(608) 251-5000

47 74/0 Providing comprehensive legal service in all major practice areas

6 Stafford Rosenbaum LLP staffordlaw.com

222 W. Washington Ave., #900, Madison, WI 53701

(608) 256-0226

43 40/6 Full-service law firm: business, real estate, estate planning,

election, family and environmental law, litigation, and energy/utility

7 Michael Best & Friedrich LLP michaelbest.com

1 S. Pinckney St., #700, Madison, WI 53703

(608) 257-3501

40 84/3 Corporate, intellectual property, litigation, land and

resources, tax, wealth planning, labor, and employment

8 Husch Blackwell huschblackwell.com


(608) 255-4440

38 51/1 An industry-focused litigation and business law firm

with offices in 18 cities across the United States

9 Murphy Desmond S.C. murphydesmond.com


(608) 257-7181

31 54/4 Business, tax, real estate, litigation, securities, immigration, creditor

rights, M&A, family, estate, municipal, criminal, license defense; bilingual

PROFILES LAW FIRMS

The term “project management” isn’t often associated with law firms, but when

you think about representing a client in a legal case, law firms need to be as

detail oriented with their legal representation as construction firms do when

designing and constructing a commercial building.

That’s true for clients big and small, and would-be clients in the Madison

business community are fortunate to have an array of legal expertise available to

them in business and corporate law, labor employment matters, intellectual

property protection, and regulatory compliance.

That expertise resides in law firms that practice in the above areas and more,

and local law firms apply that expertise in multiple geographic regions. They are

ranked here based on the number of attorneys employed in their Dane County

offices, but in truth their legal firepower extends nationwide.

Inside these pages are profiles on two sponsoring firms, Husch Blackwell and

von Briesen & Roper, whose respective missions serve every client from startups

to industry-leading firms.

So, when some real class action is required to protect your business venture,

please refer to the comprehensive legal services presented here.

FIRM REPRESENTATION

IBMADISON.COM 67

Rank Company Attorneys FT/PT Areas of Practice

10 Reinhart Boerner Van Deuren S.C. reinhartlaw.com


(608) 229-2200

31 43/5 Real estate, property tax, litigation, labor, employee benefits, intellectual

property, food/beverage, banking/finance, health care, corporate, tax,

trusts/estates, and government relations

11 Godfrey & Kahn S.C. gklaw.com


(608) 257-3911

28 47/4 Corporate, banking, securities, litigation, environmental, estate planning,

employment, intellectual property, health care, insurance, and political

law

12 von Briesen & Roper S.C. vonbriesen.com

10 E. Doty St., #900, Madison, WI 53703

(608) 441-0300

23 33/1 Business and corporate law, banking, finance, government, health,

labor and employment, litigation, M&A, real estate and construction,

tax, and trust and estates

13 Neider & Boucher S.C. neiderboucher.com

401 Charmany Drive, #310, Madison, WI 53719

(608) 661-4500

23 29/4 Specializes in providing estate planning and business legal

services to individuals and closely-held businesses

14 Perkins Coie LLP perkinscoie.com


(608) 663-7460

22 37/0 Intellectual property litigation (patent and trademark), insurance cover-

age litigation (pro-policyholder), antitrust litigation, commercial litigation,

environmental, energy and resources, and political law

15 Hawks Quindel S.C. hq-law.com

409 E. Main St., Madison, WI 53703

(608) 257-0040

16 33/4 Representing individuals in short- and long-term disability,

employment, family, personal injury, social security disability,

wage and hour, and workers' compensation law

16 Pines Bach LLP pinesbach.com


(608) 251-0101

16 28/1 Multiservice law firm consisting of the practice areas of energy, labor/

employment, family, civil/criminal litigation, health, personal injury,

governmental relations, and business/real estate

17 Bell, Moore & Richter S.C. bmrlawyers.com


(608) 257-3764

15 22/9 Litigation, insurance, malpractice-defense, workers' compensation,

family law, employment/labor law, estate planning, business/corporate,

and real estate

18 Stroud, Willink & Howard LLC stroudlaw.com


(608) 257-2281

15 18/5 Business/corporate, construction law, estate planning, probate,

family law, real estate, commercial litigation, criminal defense,

lender representation, and employment

19 Hurley Burish S.C. hurleyburish.com


(608) 257-0945

14 24/1 Business, construction, real estate, estate planning, mediation,

employment, family law, civil litigation, professional discipline, and

criminal and white-collar defense

20 Wheeler, Van Sickle & Anderson S.C. wheelerlaw.com


(608) 255-7277

14 18/6 Energy law, public utilities, telecommunications, land and water,

environmental, business, and nonprofit organizations

21 Lawton & Cates S.C. lawtoncates.com


(608) 282-6200

11 19/2 Represents injured people, families, and small businesses

22 Krekeler Strother S.C. ks-lawfirm.com

2901 W. Beltline Hwy., #301, Madison, WI 53713

(608) 258-8555

10 11/3 Financial problem solvers for bankruptcy, business organization,

consumer litigation, collection, and foreclosure defense

23 Hupy and Abraham S.C. hupy.com

3001 W. Beltline Hwy., #204, Madison, WI 53711

(608) 277-7777

8 17/0 Personal injury (car/motorcycle accidents) wrongful death,

pharmaceutical class actions, slip and fall, dog bites, and

negligent security

24 Habush Habush & Rottier S.C. habush.com


(608) 255-6663

7 15/1 Plaintiff personal injury law, vehicle accidents, product liability,

and nursing home abuse

25 Coyne, Schultz, Becker & Bauer S.C. cnsbb.com


(608) 255-1388

7 11/0 Civil trial and appellate practice in all courts


33 East Main St., Suite 300Madison, WI 53703www.huschblackwell.com

With 700+ attorneys practicing from 21 offices across the U.S., including The Link virtual office, Husch Blackwell has the breadth and depth of a large national law firm, but approaches clients with the service orientation of a much smaller firm. To us, every client is a big client. For each assignment we pull together the best team to help clients achieve their objectives, and bring to bear award-winning legal project management to make sure each matter is carried out as efficiently as possible. We are an advocate for clients in both day-to-day operations and crisis manage-ment, including navigating the unprecedented legal challenges brought on by COVID-19.

Our clients include start-ups as well as today’s business champions and leaders across indus-tries, including our core focus areas of Energy & Natural Resources; Financial Services & Capital Markets; Food & Agribusiness; Healthcare, Life Sciences & Education; Real Estate, Development & Construction; and Technology, Manufacturing & Transportation.

Many of our clients have been with us for decades and through multiple transitions and transactions, through growth spurts and re-trenchments. We pride ourselves on being the law firm clients won’t outgrow, providing best-in-class legal advice coupled with Midwestern values and a relentless focus on client service.

Our firm offers these legal services:

• Banking and finance• Consumer finance• Corporate and M&A• Real estate, development, and construction• Government relations• Trust, estates, and private wealth• Bankruptcy and restructuring• Intellectual property• Business litigation• Data privacy, security, and breach response

Contact Mindi Giftos, Office Managing Partner, at 608-234-6076 or email her at [email protected].

Our Mission

Husch Blackwell maintains

a relentless focus on our

clients’ success and is

guided by our pledge to align

our goals and objectives

with those of our clients, to

gain an uncommonly deep

understanding of our clients’

businesses, and to deliver

measurable value through

the efficient management

of resources.

SPONSORED CONTENTLAW FIRM PROFILE

Mindi Giftos, Office Managing Partner for Husch Blackwell’s Madison office, is an experienced attorney in both information technology and intellectual property.

Partners Stephen Tumbush (left) and Marci Kawski (right) have extensive experience in corporate law and consumer finance litigation, respectively.

IBMADISON.COM 69

10 East Doty Street, Suite 900Madison, WI 53703vonbriesen.com

von Briesen & Roper s.c. is not your traditional law firm. We transform the traditional law firm into a modern platform for legal innovation. We combine our industry-leading expertise with innovative technology and a creative approach to problem-solving to generate game-changing advantages for our clients.

Recognized as a great place to work and founded on our core values of unparalleled service and recognized expertise, we provide innovative, cost-effective, value-added, and prac-tical legal advice and effective representation.

Founded in 1904, we are today more than 180 professionals strong with offices through-out Wisconsin. Our practice is global, national, regional, and local and we are regularly chosen by industry leaders for their most significant and complicated legal matters while at the same time assisting growing businesses, startups, and entrepreneurs by addressing their legal needs. Neither “Big Law” nor a “small firm,” we fit the niche that sophisticated consumers of legal services seek.

von Briesen focuses on:

• Business and corporate;• Banking and finance;• Government;• Health;• Labor and employment;• Litigation;• Mergers and acquisitions;• Real estate and construction;• Tax; and• Trusts and estates.

Contact Susan E. Lovern, President and CEO, at 414-287-1286, or [email protected].

Our Vision

We believe that a

shared understanding

of and commitment

to our beliefs and

values will create a

supportive, caring

environment while

we achieve our vision.

Law firm employees are active in the community, including the 2019 Crazy Legs Classic.

von Briesen & Roper, s.c. was a proud sponsor of, and attendee of, several shows at The Sylvee.

LAW FIRM PROFILE SPONSORED CONTENT


FILINGS FOR

CIVIL MONEY JUDGMENTS & CLAIMS FOR LIENSDane County businesses and employers with total judgments or liens of $1,000 and greater at press time. Listings include debtor, city, amount, creditor, docketed date, and type of case.

COMPILED BY GLORIA BABCOCK

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Text IBINFO to 22828 or scan the QR code

PUBLISHER’S NOTE: In Business selects only judgments with business ties and only those above a certain dollar amount. IB relies on the court system to provide accurate records. A case is considered

closed when the creditor informs the court in writing that the debtor has fully satisfied the debt and the court changes the public record. If you have a dispute with a listing, please refer it to the court.

IB will not “hold back” a public financial record, regardless of the explanation offered, even if the suit filed was settled out of court. If you have any questions or concerns about this listing, please contact

Departments Editor Jan Wilson at (608) 204-9655, ext. 24, or [email protected].

(CL) Construction Lien: Claim on property for non-payment

of work that improved the property.

(CV) Civil: Typically, lawsuits seeking claims in excess of

$5,000; also such actions as restraining orders, appeals from

municipal court and administrative agency decisions, name

changes, etc.

(FJ) Foreign Judgment: A judgment or order of a court from a

different state, a federal court outside Wisconsin, a municipal

court of another county, or a tribal court; treated as if ordered

by a Wisconsin circuit court.

(SC) Small Claims: Lawsuits seeking claims of less than

$10,000, evictions, and replevin actions (the repossession

of property).

(TJ) Transcript of Judgment: Judgment or order from an-

other Wisconsin circuit court, a Wisconsin appellate court,

a federal court in Wisconsin, or a municipal court in that

county; treated as if ordered by the circuit court in the county

where it’s filed.

(UC) Unemployment Compensation: Warrant issued by

Wisconsin DWD for an employer’s failure to pay contribu-

tions, interest, or fees. Warrant has the same effect as a

judgment granted by a court.

(WC) Workers Compensation: Award issued by the Wiscon-

sin DWD. This award has the same effect as a judgment

granted by a court.

Source: http://wcca.wicourts.gov

KEY

A La Brasa LLC, Madison, $18,966, Pawnee Leasing Corp., 9/18/2020 (CV)

4-Ever Endeavors Development LLC, Madison, $2,572, DWD, 9/11/2020 (UC)

Aesthetic Artistry Spa Inc., Sun Prairie, $271,996, Amur Equipment Finance

Inc., 9/30/2020 (CV)

Black Mamba Bus Co. LLC, Verona, $2,450, DWD, 9/9/2020 (UC)

B’s Hospitality LLC, Madison, $3,336, DWD, 9/11/2020 (UC)

Central Properties of Madison LLC, Madison, $4,518, DWD, 9/10/2020 (UC)

Christopher Terrace Condo Association Inc., Madison, $2,422, All Service

Specialists Inc., 9/2/2020 (CL)

Drive Automotive Inc., Madison, $3,885, DWD, 9/15/2020 (UC)

Fuegos Steak & Tapas LLC, Madison, $17,317, Bankers’ Bancorporation Inc.,

9/8/2020 (CV)

Functional Pathways of Tennessee LLC, Black Earth, $1,746, DWD,

9/9/2020 (UC)

Hamilton Concrete LLC, Madison, $1,948, DWD, 9/29/2020 (UC)

Joseph Lee & Associates LLC, Madison, $1,758, DWD, 9/9/2020 (UC)

Madison Gas and Electric Co., Madison, $54,756, PeopleReady Inc.,

9/22/2020 (CL)

Madison Landscape Construction, DeForest, $6,896, Summit Credit Union,

9/29/2020 (SC)

Martinez Custodial Inc., Madison, $1,398, DWD, 9/9/2020 (UC)

Nature’s Touch Group Inc., Madison, $28,869, Morton Salt Inc., 9/9/2020 (CV)

Nu Branding Solutions LLC, Verona, $5,447, DWD, 9/25/2020 (WC)

Peloton Residences LLC, Middleton, $507,353, Angus-Young Associates Inc.,

9/25/2020 (CL)

Robin Hood Plumbing LLC, Madison, $17,578, Ferguson Enterprises LLC,

9/2/2020 (CV)

Robinia LLC, Madison, $1,329, DWD, 9/24/2020 (UC)

Shetler Trucking LLC, Blue Mounds, $12,728, Security Bank Minnesota,

9/9/2020 (TJ)

Spartan Landscaping LLC, McFarland, $2,657, DWD, 9/17/2020 (UC)

Springdale Two LLC, Dane, $2,679, R & R Janitorial and Carpet Cleaning

Services Inc., 9/22/2020 (SC)

Studio Dansu LLC, Madison, $2,018, DWD, 9/11/2020 (UC)

TNT of McFarland LLC, Madison, $7,274, Bartelt Enterprises Inc.,

9/29/2020 (CL)

Two Sweet Cakes LLC, Madison, $1,488, DWD, 9/10/2020 (UC)

Waggoner Home Services LLC, Sun Prairie, $2,757, DWD, 9/29/2020 (UC)

YOUR SIDEIf your company is experiencing public financial difficulties and would

like to express your side of a potentially negative listing in a brief “Their

Side,” contact Departments Editor Jan Wilson at (608) 204-9655 x24, or

[email protected]. See Publisher’s Note below for more information.

COURT FILINGS

IN BUSINESS ICONS

Register online at

ibmadison.com/icons

Tickets are free You must register in advance!

the next virtual Icons in Business featuring Deb Archer, CEO of Destination Madison and the Madison Area Sports

Commission. For over two decades, Archer has worked to make Madison a sought-after location for tourism,

conventions, sporting events, and competitions that boost the local economy.

With her forthcoming retirement at the end of the year, Archer will reflect on the past 25 years of leading

Destination Madison, discuss attracting and securing high profile events such as Ironman and CrossFit, and

share insight into the opportunities and challenges facing the local tourism market in light of COVID-19.

ADDITIONAL SPONSORS:PRESENTING SPONSOR:

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PRESENTED BY

iStock

Just a few months ago, the American public was pining for a federally

approved COVID-19 vaccine, but now almost half of them say they

would not get vaccinated, according to a recent survey from Pew

Research Center.

Perhaps it’s tangled up in presidential politics. As of this writing, Pres-

ident Trump was still touting the possibility that a vaccine could be ap-

proved in October, perhaps to undermine the Democrats’ narrative about

a substandard pandemic response on his part. Whatever the reason, the

percentage of American adults who say they would get vaccinated has

sharply declined.

About half (51%) now say that if a vaccine to prevent COVID-19 became

available, they would definitely or probably get one, and almost as many

(49%) say they definitely or probably would not get one at this time. That’s

down more than 20 percentage points since May, when 72% of U.S. adults

indicated they would get vaccinated.

The findings are based on a national survey conducted Sept. 8–13

among 10,093 U.S. adults. It found that intent to get a COVID-19 vaccine

has declined across all major political and demographic groups. The ra-

tionale of those with less confidence in a vaccine is that Operation Warp

Speed, which is the federal government’s program to deliver 300 million

doses of a safe, effective vaccine for COVID-19 by January 2021, is mov-

ing with too much speed to adequately address possible side effects.

VACCINATING FOR DOUBTPharmaceutical companies have pledged that a potential COVID-19 vaccine would meet rigorous safety standards, but the American public has growing doubts.

BY JOE VANDEN PLAS

Drilling deeper, Pew Research Center also uncovered these interesting tidbits from its recent research:

21%

The share of survey respondents who would

definitely get a coronavirus vaccine now

stands at just over one-fifth of those surveyed,

about half the share that were in this category

in May 2020.

77%

Just over three-quarters of Americans believe

it’s very or somewhat likely a COVID-19

vaccine will be approved before its safety

and effectiveness are fully understood.

76%

Among the Americans who say they would not get

a COVID-19 vaccine, just over three-quarters cited

concern about side effects as a major reason why

they would definitely or probably not get one.

72%

The percentage of those who would not get a

COVID-19 vaccine who cite a desire to know

more about how well it works.

42%

About four in 10 of those who say they will get a

vaccine also say out-of-pocket costs would not

change their likelihood of getting vaccinated.

86–69%

Roughly nine in 10 (86%) of Democrats

are more concerned about the approval

process moving too fast, while 69% of

Republicans feel that way.

Editor’s note: Researchers are still not sure how effective a COVID-19 vaccine will ultimately be. The U.S. Food and Drug Administration says it would

authorize a COVID-19 vaccine if it was safe and at least 50% effective in preventing the disease or decreasing the severity of infection. Dr. Anthony Fauci,

director of the National Institute of Allergy and Infectious Diseases, has said scientists are hoping for a vaccine that is at least 75% effective.

BY THE NUMBERS MEDICINE

(800) 279-2616 | A Wealth of Service.® | SVAfinancial.com

Your Wealth DeservesA Wealth of Service.®

Providing personalized service, while meeting the unique financial needs of each of our clients, is the key to maintaining long-term relationships.

Our team of professionals recognize the fiduciary responsibility they have for our clients’ assets, as well as their wealth and retirement planning as

they progress through every stage of life.

Our professionals have extensive experience in assisting our clients in all aspects of their financial

lives. They tailor solutions to our clients’ estate challenges, opportunities and legacy wishes, as

well as create and maintain an investment strategy to fit each personal circumstance.

Tammy Koester Parks, JDPresidentSVA Trust Company

Maureen Hansen, CLU®

President / PrincipalSVA Wealth Management

Is your portfolio prepared for the election outcome?

Accolades are independently determined and awarded by their respective publications. Neither UBS Financial Services Inc. nor its employees pay fee in exchange for these ratings. Past performance is no guarantee of future results. For more information on a particular rating, please visit ubs.com/us/en/designation-disclosures. CIMA® Investments & Wealth Institute™ in the United States of America and worldwide. As a firm providing wealth management services to clients, UBS Financial Services Inc. offers investment advisory services in its capacity as

services are separate and distinct, differ in material ways and are governed by different laws and separate arrangements. It is important that clients understand the ways in which we conduct business, that they carefully read the agreements and disclosures that we provide to them about the products or services we offer. For more information, please review the PDF document at ubs.com/relationshipsummary. © UBS 2020. All rights reserved. UBS Financial Services Inc. is a subsidiary of UBS AG. Member FINRA/SIPC.VIP_10082020-1 Exp.: 10/31/2021

Focus on what you can control—and get a second opinion on

turbulent time.

themselves, nor can we predict the outcomes. Focusing on areas over which we have some control,

A second opinion on your portfolio or financial plan can give you the confidence to weather any storm. Our eight Financial Advisors are here for you and ready to help you pursue your most important goals. Ready to start the conversation? Call us today.

Andrew D. Burish, CIMA®

Managing Director#1 Best-In-State Wealth Advisor and #11 on the Top 250 Wealth Advisors in the US by Forbes, [email protected]

Relationships with $1 million or more are well-served by our capabilities.

The Burish GroupUBS Financial Services Inc.8020 Excelsior Drive, Suite 400Madison, WI 53717608-831-4282

ubs.com/burishgroup

Retail Rebound? - National Construction

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