Conservative Journal Sentinel editorial columnist/blogger Patrick Mcllheran has spoken up on behalf of the Deer Creek Inn project and against its critics.  In his article "Water parks and fairy tales" published in early June, Mcllheran refutes the arguments of a Milwaukee alderman and other opponents of the hotel/indoor water park planned for New Berlin.  

Mcllheran pooh-poohs the notion that the project would add to “the sprawl that has gone unchecked in Waukesha County”. The site is not a cornfield, Mcllheran argues. He points out that the hotel replaces five old houses at Moorland Rd and Greenfield Ave. Apartment complexes, decades-old ranch homes, an industrial park, the freeway and Brookfield Square are nearby.

Mcllheran contends that the project won't harm the lake:  Yes, the hotel/water park would use Lake Michigan water and lies beyond the boundaries of the Great Lakes basin. However, all that water “goes back”. Since the water would be returned to the lake, there’d be zero effect on the level of the lake.

Mcllheran also scoffs at objections that the water park is an “extravagant use of water”. He counters that approximately 8,000 gallons a day will be used for the water park ( that’s about one middling above- ground backyard pool). Mcllheran compares that to New Berlin’s biggest water customer (a metal-finishing plant), which uses a whopping 300,000 gallons per day!  Furthermore, a water park designer is quoted in the article stating: “What’s splashing in a water park is bought, filtered, treated, and heated at considerable expense, so it is recycled.”

Mcllheran adds, “Many people worry sincerely about the fate of the Great Lakes. It’s a worthy sentiment to which politicians append dubious agendas. The cliches and outright fiction on which are built the arguments against the New Berlin water park, the supposed acme of suburban absurdity, reveal just how groundless those agendas are.”

New Berlin Citizens for Responsible Government (NBCRG) President Ralph Heun spouted lots of nonsense in the NBCRG March 7 blog entry. See my previous blog entry titled  NBCRG Spin and Blunders.

In that March 7 NBCRG blog post, Ralph Heun complained that citizens and civic groups cannot use City Hall. He bemoaned the “short-sighted policy that has kept election forums, Christmas and July 4 parades and other events from being televised”--and he blamed Alderman Bill Moore for it. He accused Ald. Moore of being a prime instigator in passing an ordinance two years ago that prohibited any non-city group from using City Hall/or City Channel 25 for any purposes. What a distortion of facts! Actually, in 2006 Ald. Moore argued against and voted against the restrictive policy/resolution No. 06-11. Furthermore, Ald. Ken Harenda---whom NBCRG has chosen to endorse not only voted in favor of this awful policy/resolution that Heun has complained so bitterly about, he made the motion to approve it.

Let’s get something else straight: Ald. Dave Ament called the Feb. 16 meeting at City Hall, but it was for area residents--not only his own District #7 constituents. The meeting dealt with Coffee Road changes, as well as sidewalks, side paths or bike trails in various areas of the City. Heun’s statement that Ald. Poshepny (District #5) was not shouted down is untrue. When Ald. Poshepny attempted to speak, some members of the audience rudely yelled out. I witnessed that. Heun admits that Ald. Ament asked Ald. Poshepny not to speak. And yet, others at the meeting were allowed to speak.

Perhaps if NBCRG President Ralph Heun had not stood beside Ald. Ament at the front of the room, facing and addressing the audience, for part of the meeting --which did occur-- it would not have appeared so much like a NBCRG meeting or political rally. Interesting that Ralph Heun, the president of a political action group, was allowed to do that and grandstand, but the 5^th District alderman who tried to speak during the meeting was silenced and not permitted to speak!  A so-called  “informational meeting”-- that prevents someone--an elected official--  from asking questions or providing information?  Does that serve the public's best interests?  Well, the format gave Heun the opportunity to spew negative comments about the Transportation Committee, sidewalks, etc.

If it was just an “informational meeting” as Heun contends, why was there a stack of inflammatory “Just Say No” fliers opposed to sidewalks (and referring to a petition) prominently displayed on a table inside the meeting room ( by the entry), a petition for people to sign--as well as two individuals seated at the table, apparently to assist them?

And why wasn't a City traffic engineer invited to the meeting? Kudos to him for coming to the meeting anyway (it was held on a Saturday)  to answer people’s questions. Ald. Ament introduced the City traffic engineer, but acknowledged during the meeting that he hadn’t invited him.

Heun also maintained in the NBCRG blog entry that Ray McInerny, Sr. is president of a small group that apparently is not active as they claim to be exempt from state law requiring that expenditures over $25 must be reported to the City Clerk. What a bogus accusation!

Ray’s group formed late last year. It’s an active group whose membership is growing. Heun misrepresented the facts: State law requires that a group that is supporting or opposing candidates (political action group) be registered with the City Clerk before making expenditures over $25. Ray’s group registered in October -- before it even knew who would be running for office in April (candidates had until Jan. 2 to file to get their name on the ballot) and is in compliance with that law. As for filing an exemption: Political action groups and candidates are eligible for exemption from filing campaign finance reports if they don’t anticipate accepting contributions or making disbursements totaling more than $1000 in a calendar year and don’t accept more than $100 from a single source during the calendar year. Local candidates typically claim exemption status. New Berlin candidates for local public office (including those endorsed by NBCRG) often claim exemption from filing . Independent committees have to file itemized campaign finance reports. In 2008, when Ray’s group decided to support a specific candidate--it filed as an “independent committee” and filed the appropriate reports by the reporting deadline as the law requires.

Ironically, Ralph Heun stated, “ If Mr. McInerny does not know the facts, He should not make the complaints”. Mr. Heun should follow his own advice.

New Berlin aldermen receive $10,000 annually in taxpayer-funded salary and expenses (the Council President gets an extra $600). I don’t think it’s asking too much of Council President/Alderman Ken Harenda to do his homework and come prepared to vote/take action on items that are on the meeting agendas.

At the March 11 City government meetings (Committee of the Whole/Common Council), Ald. Harenda pushed to table an item: Resolution No. 06-42   A Preliminary Resolution Declaring Intent to Levy Special Assessments and Directing the City Engineer to Prepare a Report for the Installation of Sanitary Sewer System to Service Areas on the North Side of Howard Avenue (west of Sunny Slope Road)

Tabled since November 2006, that resolution has appeared on the Committee of the Whole and Common Council meeting agendas month after month.

At the March 11 meeting, District #5 Alderman Joe Poshepny rightly moved to take the resolution off the table (which allows discussion and possible action). The aldermen voted yes--except for Alderman Ament who voted no.

Ald. Poshepny implored the aldermen to take action to get the process to move forward.

It shouldn’t have been a difficult decision for our aldermen to direct the City Engineer to prepare a report and get the process moving along. However, not only did Council President/Alderman Ken Harenda chose to stonewall, he argued he was unprepared and wanted additional time to review his file on the matter!

Alderman Harenda certainly had plenty of time to familiarize himself with Resolution No. 06-42 and the special assessments affecting a handful of residents, prior to the meeting. His failure to do so was inexcusable. What a poor leadership example Ald. Harenda set for his fellow aldermen.

Using his deficient preparation as an excuse, Ald. Harenda then made a motion to table the resolution. He even refused requests to “defer” the resolution to a later date  rather than “table” it . 

Ald. Harenda’s motion to table was seconded by Ald. Seidl and carried with Alderman Hopkins, Augustine, Seidl, Harenda, and Ament voting yes. Ald. Poshepny and Moore voted no.

It was made clear during the meeting that a developer (who was present and spoke at the meeting) is owed many thousands of dollars for investing in Howard Avenue improvements. Under Ken Harenda’s leadership, the City Council keeps dragging its feet. That’s not efficient or responsible representation. I hope the stalling tactics of Ald. Harenda and his cohorts don’t result in a lawsuit against the City.

Ald. Harenda was elected with the help of a political group that calls itself New Berlin Citizens for Responsible Government (NBCRG). NBCRG has a Web site that states one of its objectives is to hold government officials and employees accountable for their actions and lack of action.

"Lack of action", such as the 16 months of tabling Resolution No. 06-42  and the paltry excuse given by Ald. Harenda to perpetuate this irresponsible stalling indefinitely?   But instead of holding Alderman Harenda accountable for his inaction, inadequate preparation for scheduled Committee of the Whole/Council meetings, and poor leadership, NBCRG has chosen to endorse and support him in the April election.

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.”

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