The Milwaukee Journal Sentinel (March 18 CommunityWatch & March 19 Business section of newspaper) brings us the exciting news that the courts have given the Deer Creek Inn and Conference Center the go-ahead.

Last year, owners of an apartment complex near the proposed 405-room hotel/ water park at S. Moorland Rd. and W. Greenfield Ave. sued the City of New Berlin and its Board of Appeals claiming the hotel’s height had been improperly allowed to increase to 94 feet. This lawsuit stalled the project. Fortunately, the City and Board of Appeals won the court case. Circuit Court Judge Kathryn Foster ruled that the Deer Creek Inn and Conference Center development was within city height restrictions and that proper procedures were followed in approving the project.

The Milwaukee Journal Sentinel also informs us the State Supreme Court ruled Thursday that Harenda Enterprises, Inc. is liable for violating state administrative code. The Court reinstated an order requiring the company pay penalties and surcharges for failing to remove asbestos during renovations of the Milwaukee Theatre. The state had initially filed a complaint against the company about it in 2003. The JS news story, which appears in the Regional News Watch section of the March 14 newspaper, did not mention the Harenda Enterprises, Inc. owner's name--- Ken Harenda. Yup. THAT Ken Harenda-- the New Berlin Alderman (District #4) who is running for re-election and endorsed by NBCRG.  

Review the Supreme Court decision and you’ll find these remarks from a judge: "….Exposure to asbestos can lead to mesothelioma, which is a rare form of cancer that affects the protective sac of most internal organs such as the lungs. "Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles. Symptoms, however, may not appear until 30 to 50 years after exposure. The incidence of this rare cancer has increased over the past 20 years but may be stabilizing now. Once symptoms appear and the cancer is diagnosed, the disease is often very advanced. Mesothelioma is often associated with a horrible death."

Obviously, asbestos is a dangerous substance and poses a serious health hazard. Aldermen vote on issues that affect community development, the environment, people’s health and safety. We expect them to abide by state codes, regulations and laws. It's troubling that a New Berlin alderman owns a company cited for violating state code regarding asbestos,  potentially put people’s health in jeopardy--and then sought to evade responsibilty.  

A 2002 Journal Sentinel news article disclosed that Ken Harenda was the owner of the consulting firm Harenda Enterprises, Inc. It also reported: A state inspector alleged Ken Harenda’s brother (County Board Supervisor Keith Harenda) pressured him to drop the asbestos charges and offered the inspector tickets to a Bush appearance event. The official said he declined the offer, citing state law, which prohibits offering a state official "anything of value" if the gift could reasonably be expected to influence that official's actions or be considered a reward. The article also states, “Mark Davis, head of the state's asbestos-control program, said overtures by Waukesha County Supervisor Keith Harenda, the contractor's brother, included a plea to "make this case go away" because it could hurt his brother's political ambitions.”

The New Berlin Public Schools ACCIDENT/BURGLARY/THEFT/VANDALISM REPORT (for September, 2007) was among the reports provided at the October 22 School Board Meeting.

Look closely at what that District report says --especially the last part!!!!

ACCIDENT

08-02 Eisenhower   Report not available in Aug.    Showcase became weakened and 3 glass doors fell out and broke.

Disposition: Replaced        Cost: $125.55

VANDALISM

09-04 Eisenhower     *Football concession stand drinking fountain was pulled away from the wall.

Disposition: Reattached      Cost: $84.00

09-14 Eisenhower    *Five sections of football bleachers were damaged during a game.

Disposition: Replaced        Cost: $1554.00

09-28 Prospect Hill    *Six windows were broken

Disposition: Reported to Police

                  Replaced      Cost: $582.50

THEFT

New Berlin West    *Power supply & cord stolen off a laptop

Disposition: Replaced         Cost: $50.00

OTHER

06-12-07 New Berlin West

Notification From DNR Received in September

*DNR Violation. On June 12,2007, NBW discharged more than the allowed limit of raw sewage into Poplar Creek tributary stream. The DNR is investigating violation.

Disposition: Sewage Treatment Facility is Needed

Cost: none

* occurred outside school hours

Ralph Heun’s New Berlin Citizens for Responsible Government group has been making lots of noise about a proposed New Berlin hotel, which would be located on the edge of New Berlin at Greenfield Avenue and Moorland Road.

In contrast, those activists were remarkably quiet about the Reagan School project.
Yet on its web site New Berlin CRG declares its mission is to inform the public about significant issues and to hold government officials and employees accountable for their actions or lack of actions.

The reality is New Berlin Citizens for Responsible Government is a registered political organization. It recruits candidates for office. It endorsed nearly all of the current New Berlin School Board members, including Ralph Heun’s son, Keith.

A few points:
The giant, newly-built Reagan School ( the District’s largest elementary school) is situated in the heart of the city. The whopping $18.7 million cost figure provided by the District’s business manager for that new elementary school does not include the extra multi- millions in financing costs/interest.
New Berlin Public Schools paid nearly a million bucks for the parcel of agricultural land it bought adjacent to New Berlin Center School-- for the Reagan School.
Then they got the Common Council to rezone the land to “institutional”.
MMSD permission was obtained to extend the sewer boundaries--to accomodate the Reagan School.
The School District plans to demolish New Berlin Center School. Another district asset eliminated.
An athletic field is intended for that site. That field will require maintenance.
The merged Reagan School has twice the amount of pupils of New Berlin Center. Did I mention increased traffic and safety concerns at this centralcity location (Calhoun Rd and National Ave)?
The School Board chose to build the Reagan School on land that has environmental issues--wetlands, proximity to a navigable waterway, threatened/endangered species, etc. Developing that land, triggered DNR involvement.

Nary a peep from NB CRG about those things.

Oh, Ralph Heun did speak out at a DNR informational hearing in 2005---but not to express environmental concerns. In his speech, Heun attacked the citizens who requested the hearing and other citizens who had concerns about the Reagan School project.

City engineers complained of erosion control violations at the Reagan School site. DNR inspectors reported observing multiple violations at the school site. A Notice of Violations/Notice of Claim was served on NBPS. NBPS and its contractor were issued numerous citations for allegedly violating Wisconsin law, Ch.30 permits, DNR rules, regulations.

And NB CRG’s public reaction: silence.

Since NB CRG refrained from speaking up or informing the public on such significant issues--including the violations reported by the City and DNR-- and has not held NBPS officials and employees accountable--- perhaps they should rename their organization: New Berlin Citizens for Irresponsible Government

The DNR scheduled a public informational hearing re: the Ronald Reagan Elementary School for October 27, 2005. It was held at Eisenhower High School.
None of the New Berlin School Board members attended it.

On October 31, 2005, then-School Board Vice- President Matt Weiss sent the DNR an e-mail ( a public record), which states, “ Our school administrators, school board, architect, and construction manager have made it clear from the beginning that they fully intend to be sensitive to environmental issues as they affect the construction of the new elementary school, especially as they affect the wetlands and possible existence of threatened species.”
In the remainder of his e-mail, Weiss attacked the citizen who had requested the hearing.

What a sham!
“intend to be sensitive to environmental issues” !?!
Yeah, right.
Permits were issued. The Reagan School construction began in November 2005
--- and a few months later, City engineers and DNR inspectors were reporting environmental regulations/laws/permit violations occurring at the project site. There were pond breeches, failure to do required erosion control and other issues. Trucks were even reportedly sinking 6 feet deep in the mud.
The DNR served New Berlin Public Schools with a Notice of Violations/Notice of Claim alleging multiple violations. Recently, the state/DNR issued citations to New Berlin Public Schools and the contractor.

Not only was there mismanagement of the Reagan School project and deficient Board/administrative oversight, but it seems our “sensitive” School Board VP/ now President-- who had pushed for the Reagan School-- was too busy to attend the DNR’s informational hearing about environmental issues, but not too busy to issue bogus assurances of sensitivity or to denigrate one of his own constituents who had expressed concerns.

* For more on those subjects, scroll down to my other January blog entries with these headings:
State Issues Multiple Charges Against New Berlin Public Schools and Contractor

Citizens More Right Than School Board

The New Berlin School Board blasted citizens who were concerned about the district’s and the builder’s lack of concern for the environment, regulations, and wildlife, including endangered species. The fact that the state and DNR have brought charges against the New Berlin School District and VJS Construction Services, Inc. (the contractor hired by NBPS) vindicates local citizens.

Those local citizens were right to put pressure on the school district by requesting hearings. Even with that pressure, the district and builder have been accused of wrongdoing by the DNR. The citizens were right not to trust the district in this.

The DNR’s public notice in the April 18, 2005 New Berlin Citizen newspaper communicated that the public could request a hearing on the Ronald Reagan Elementary School construction project.

In an October 4, 2005 letter, the DNR notified the school district that it had “scheduled a public informational hearing” for the proposed Ronald Reagan School on October 27. The DNR letter also states: “Because your project is in or connected to public waters held in trust by the state for all citizens, state law provides an opportunity for public input to the Department’s decision. The hearing is a time for gathering additional facts to help gauge possible impacts of the proposed project on fish and wildlife or their habitat, natural scenic beauty, surface water use and similar features of the lake or stream. The hearing is being held because a request for a public informational hearing was made by a citizen representing the Prospect Hill Independent Parent’s Association. The hearing is informational only.”

But the School Board did not want that opportunity for public input or scrutiny of the Reagan School project. Acting outraged that they had to hold such a hearing, the School Board turned its own October 10, 2005 Board Meeting into a shameful attack session against the Prospect Hill Independent Parents Association (PHIPA) leader/parent. Referring to him by name many times, they talked about him and to him--- but refused to let him respond to their remarks or to defend himself at the meeting. Additionally, Board Clerk Keith Heun has depicted the request for the informational hearing as a “complaint”.

Not only did School Board members and the Superintendent characterize the PHIPA leader as an obstructionist and in other negative ways, then-President Jennifer Eitel had the audacity to suggest the district’s lawyer be consulted about suing the guy. Imagine-- threatening to sue a taxpaying constituent for exercising his legal right to request an informational hearing!
You can get a tape of the meeting by contacting the District Office.
I have a tape, too.

The Board members’ attacks against citizens are part of their scorched earth policy with critics or even those who question their actions. We’ve seen how grotesque and destructive this approach to public discourse has been on the national scale, with the White House’s pattern of disinformation and personal attacks---there is no reason we should be tolerating that from officials here, especially since the critics have been proven right yet again.

On April 3, 2006, a Notice of Violation/Notice of Claim was served on the New Berlin School District by the Wisconsin Department of Natural Resources. An enforcement meeting was held the next day.

The DNR alleged that some of its officials observed violations in fish habitat and storm water regulations and permits at the Ronald Reagan Elementary School site during a March 23, 2006 site inspection.

Here’s an enforcement update:

On January 8, 2007, a warden informed me that he had issued multiple citations to New Berlin Public Schools last week re: the Reagan School project. He said the school district would probably be entering its plea of guilty, not guilty, or no contest to the charges in mid- February. According to the warden, the District could be fined $10-$13,723 for each storm water violation-- and per day of each violation-- and between $0-$753 for each Chapter 30 permit violation.

In September, six citations were issued to VJS Construction Services, Inc., the company hired by New Berlin Public Schools for the Reagan School construction project and erosion control. See Wisconsin Court Access web site.

Because the New Berlin School District kept mum about the Notice of Violations/Claim, I brought it up publicly in my privilege-of-the-floor speech at the April 24 School Board Meeting.

You may remember Board President Matt Weiss’ dismissive response reported in the April 27 New Berlin Citizen newspaper--- “ ‘I won’t even listen to her,’ he said. This is a complicated building project. There are bound to be some bumps along the way.’ He said the district has hired reputable engineering and construction firms to do the job, and said he was not interested in micro-managing the project.”

In other words, the leader of the School Board says he won’t even listen to a constituent who addresses the School Board; he shrugs off and makes excuses for non-compliance with laws and regulations; and he rejects accountability and responsibility.

Fact is, New Berlin Public Schools and VJS are both being charged with multiple violations.
Those violations of Wisconsin Statute chapter 30, permits, and storm water regulations alleged by the DNR, happened on the watch of Schools Superintendent James Benfield and School Board officials Matt Weiss, Matt Thomas, Keith Heun, Jennifer Eitel, Marc Duff, Susan Manley and Art Marquardt.