Top Stories December 6th

Hoeft Rejects City’s Offer To Purchase Fountain Inn

12/6/11 - The owner of the Fountain Inn Tavern in downtown Beaver Dam has rejected a city offer to purchase the property. The city acquired and demolished ten neighboring buildings back in 2009 because their century-old construction in a flood plain violated modern state statutes. Bar owner Jay Hoeft was the only hold-out. In September, officials learned of $260,000 in leftover Community Development Block Grant funds from the 2008 floods. In accordance with the grant award, the purchase price would be based on the assessed value of the property in 2008, which the city says is $94,000. As with the other property owners, relocation costs are not part of the current offer. Last month, the Common Council approved a purchase agreement for the Front Street business. Owner Jay Hoeft has now rejected provisions in the offer that would have had him waive his appeal rights and relocation costs. In making the motion last night to eliminate the provisions in question and continue negotiations, Council President Jon Litscher said after acquisition and demolition there could be $116,000 in grant funds leftover if Hoeft still decides to sue after closing. Alderman Robert Ballweg, a professional realtor, cautioned against removing the provisions, saying taxpayers could be on the hook for up to $50,000 in relocation costs, up to another $66,000 for any difference in appraisals, and attorney fees that could reach into six digits. The council voted 9 to 5 to remove the provisions and present a new offer to Hoeft’s lawyers today with the city asking for an answer by this Friday. An offer to purchase must be accepted by mid-month or Beaver Dam will lose the entire grant. Conversely, if Hoeft keeps the building, it could be ordered down by the DNR and he would be responsible for all demolition costs.

Demerit Points Assessed Against Game On Tavern

12/6/11 - The Beaver Dam Police Department has assessed points against the Game On tavern because of a fight at the establishment last month. As part of the city’s Demerit Point Ordinance, local bars are assessed points for violations for everything ranging from underage drinking to bar fights. Any business that racks-up 150 points in a rolling 12-month period trigger’s a hearing that could result in suspension of revocation of its liquor license. Police Chief Ron Smith says officers responded to the Madison Street bar on November 6 after a man punched another man over a woman and employees failed to contact police. Smith says his department has assessed 40 points against Game On. This the second time this year Game On has had points assessed. In January, the business was found to have served underage patrons and was assessed 100 points. That leaves Game On ten points away from triggering a suspension or revocation hearing. Because points are accumulated in a rolling 12-month period, come mid-January the 100 points from earlier this year will disappear leaving Game On with only 40 demerit points. City officials point out though that the bar has to get through Christmas and New Years without a problem before they are out of the woods. A business that accumulates between 150 and 199 points would trigger a review process by the Administrative Committee that could result in a warning or suspension of their liquor license for 10 to 90 days. If over 200 points are collected in a rolling 12 month period, the business could face a liquor license revocation.

Kennedy Holding Listening Sessions Today

12/6/11 - Beaver Dam Mayor Tom Kennedy has listening sessions scheduled for Tuesday. Kennedy says city residents are invited to meet with him, one-on-one, without appointment on the first and third Tuesday of every month. He says it is important that constituents have the opportunity to speak with him the day after each regular meeting of the common council. The meetings are held in Room 109 on the first floor of City Hall from 10am until noon and again from 5pm to 6pm. Kennedy also makes himself available for private meetings by appointment by contacting the mayor office.

New Assault Charges Against Recently-Convicted Teen

12/6/11 - A Waupun teen who was sentenced last week for having a sexual relationship with a middle-school age child, faces new charges related to a relationship with a different underage girl. 18-year-old Alezander Ramirez was ordered to spend 30 days in jail for sexually assaulting a 13-year-old girl. He had choked the girl during the first assault so she complied the second time out of fear. The newest charge of Sexual Assault of a Child Under the Age of 16 stems from an alleged incident in October with a girl who is even younger than his first victim. There was no force alleged as part of the newest charges. Alezander is also facing a count of felony Bail Jumping for violating conditions of bond related to the first assault. He faces up to 46 years in prison if he is convicted. In addition, he had entered into a deferred prosecution agreement last week on the more serious of the assault charges and would have avoided a felony record if he stayed out of trouble. A signature bond was set at $5000 yesterday and Alezander is due back in court next month.

New Rules at Mequon Homestead After Assault

12/6/11 - Starting today, Mequon Homestead High School will be locked at 3:30 each afternoon -- and only those attending after-school events will be allowed inside. That's after two football players were charged with sexually assaulting a 14-year-old girl in an open practice room at the school. In a letter to parents, Homestead Principal Brett Bowers said students must leave after school unless they're in a meeting or some other official gathering. And those who don't leave could get municipal citations for being on school property without authorization. Two 18-year-old men were charged last week with sexual assault of a child under-16. The girl told authorities she was molested on November third.

Prosser Dealing with Colon Ailment

12/6/11 - Wisconsin Supreme Court Justice David Prosser said yesterday that he's recovering from a colon ailment. Court officials said last week that Prosser would not hear any new cases this month, and the word leaked out the next day that he was ill. Prosser said he lost 10 pounds after spending six days at U-W Hospital in Madison. He said he went there November 11th with what he assumed was a stomach flu. But doctors said he had small pouches in his colon that became inflamed, and it caused abdominal pain. The 68-year-old Prosser says he feels better now, but he must keep eating a high-fiber diet. He told a reporter that it's quote, "broccoli, broccoli, broccoli." Prosser did not take part in the court's oral arguments last week, and he won't do so today either. He said he feels well enough to take part. But he's behind in his caseload, and he won't take anything new until he's caught up. Prosser said he does not plan to resign or retire because of his health. He's been on the state's highest court since 1998, and was elected twice to 10-year terms. Prosser just barely survived a re-election challenge this past April, after challenger Jo Anne Kloppenburg received heavy support from those opposed to the new state law which limits public union bargaining. In June, Prosser got into a physical altercation with fellow Justice Ann Walsh Bradley the night before the court released a ruling that upheld the union law. No charges were filed.

Consumer Protection Warning Badger Fans About Rose Bowl Scams

12/6/11 - If you're thinking about joining the Badgers at the Rose Bowl, another Wisconsin team urges you to be careful. The state's consumer protection team is warning fans to watch out for ticket scams connected with the January second game in Pasadena between Wisconsin and Oregon. Officials say that buying tickets from classified ads increases the risk they could be fake. And the same is true for online purchases, unless you're familiar with the source. The state suggests that you buy tickets from travel agencies and brokers endorsed by U-W Madison and the National Association of Ticket Brokers. Customers are urged to ask sellers to e-mail or fax a copy of their tickets so all the details can be confirmed. Paying by credit card offers the best consumer protections -- but as always, folks are urged not to give out their card numbers unless they initiate the contact. Meanwhile, the Badgers say there's a chance that the school will get a limited supply of returned tickets, possibly by early next week. If that happens, the U-W will sell them on their Web site at UWBadgers-Dot-Com.

Gypsy Moth More Prevalent in Northern and Central WI

12/6/11 - The leaf-killing gypsy moth had more of a presence in northern and central Wisconsin this year, and less of a presence in the south. That's according to a new report from the state Agriculture Department. About 25-thousand traps were placed in central and western Wisconsin this summer to check the locations, volumes, and the spread of the moths. The gypsy moth has been spreading from the Eastern U-S for a number of years. It can cause heavy defoliations as it feeds on a host of trees and shrubs. Melody Walker of the state Ag Department said her agency was successful in controlling the westward spread of the gypsy moth. Wisconsin was among 11 states in a national program to slow that expansion.

GOP Changes Attorneys in Fight over Legislative Districts

12/6/11 - A group of Republicans has changed attorneys as it tries to get the courts to approve the G-O-P's newly-drawn districts for next spring's state Senate recall elections. Nine plaintiffs were using attorneys at Michael Best and Friedrich to make their case. But Democrats complained, because the law firm is the same one that helped Republicans draft the new maps in the first place. So yesterday, attorney Michael Dean of Brookfield said he was taking over the case. The Supreme Court has asked all involved parties to file written briefs today, but Dean says he wants to extend the deadline by at least two weeks. The Republican plaintiffs had filed their cases with both the Supreme Court and the Waukesha County circuit court. But last week, the plantiffs withdrew their case from the Supreme Court. And they asked a Waukesha County judge to appoint a three-judge panel to consider using the new Senate districts next spring. Otherwise, the first elections using the new boundaries would take place next fall.

BDCH 22nd Annual Tree of Lights Celebration

12/6/11 - It was a night to remember and honor as the Partners of the Beaver Dam Community Hospital held the 22nd Annual Tree of Lights Celebration last night. Close to 100 people turned out for the program, which is a fundraiser for the hospital’s hospice program and featured seasonal choral music and remarks from hospice families, caregivers and staff. Director of Hillside Home Care and Hospice Lisa White says the night is important not only to raise funds, but as a night to remember the loved ones we’ve lost. One of the hospice families honored was that of Patricia Wetzel, whose presence at the hospital was felt way before she ever became a resident, as she spent more than 30-years working as a nurse. The family of Chuck Williams was honored as well. He was a resident in Hospice, and following his death his family worked with Hillside to put together a golf tournament that raised nearly $11,000 in its first year, of which about $5,500 was donated to the hospice and home care program at BDCH. The night also served as a tribute to Peg Gerbitz, who spent 21-years as the lead coordinator of the Tree of Lights program. Gail Henschel, another coordinator of the event, said Gerbitz had a profound impact on the hospital and that it took six people to fill her role this year. The event also saw the lighting of the trees out in front of the hospital, and organizers say tree lights in memory of someone you have lost can still be purchased for $5, with proceeds being used to help fund the Hospice and Lifeline programs.