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THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
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Middle Inlet Considers Sex Offender Ordinance

Issue Date: May 17, 2017

State Rep. Jeff Mursau of Crivitz and Beaver Town Chair Dave Bedora attended the regular monthly Middle Inlet Town Board meeting on Thursday, May 11, to discuss problems with regulating where known sex offenders can and cannot live.

Efforts by the Wisconsin Department of Health (DOH) to place two violent 袤" sex offenders into a rural residential neighborhood in the Town of Pound has led several Marinette county towns, including the Town of Beaver, to adopt ordinances specifying places where registered sex offenders cannot live. Other towns, including Middle Inlet, are considering similar ordinances. Middle Inlet officials received copies of several sample ordinances at their May 11 meeting.

Mursau explained why the Legislature adopted the law that made the 袤" supervised release placements possible, and what attempts are underway to correct some of the problems it caused.

He has introduced a bill into the State Assembly that will require the violent sex offenders to be released into the community where they lived prior to going to prison, which is not necessarily where they committed the offense. He is hopeful it will be enacted as part of the state budget bill and be in effect before the end of June.

One of the two men DOH is attempting to place in in the Town of Pound residential facility being established by a vendor who contracts with DOH was living in Outagamie County before going to prison where he still has family, and wants to go back there. The other came from Dickinson County, Mich. The DOH placements currently are making their way through the Circuit Courts in Marinette and Oconto counties, which is where the offenses took place.

The proposed placements were intensely discussed by the Marinette County Unit of Wisconsin Towns Association at its quarterly meeting in Wausaukee on Thursday, April 20. Bedora is clerk of the WTA Unit, and Chair of the Town of Beaver, where a vacant home was being considered as the sex offender residence.

Officials from numerous towns throughout the county at the WTA meeting told of getting "cold calls" from people they believed were vendors of the sex offender residences seeking homes that would meet legal requirements for offender placements. They informally agreed they should enact whatever regulations they could to prevent these violent sex offender placements near the homes of children in their towns.

At the Middle Inlet meeting, Bedora explained provisions of the ordinance Beaver adopted on Monday, May 8. It is modeled after an ordinance enacted by the Town of Cloverland in Vilas County. Among other things, it creates a 2,000 foot "Child Safety Zone" around churches, schools, parks, boat landings, businesses and other public places where children congregate, and prohibits more than one registered sex offender at a time from living in a single residence anywhere in the town, but allows them to live with parents or other relatives.

DOH typically places two sex offenders in each of its contracted houses, and will reportedly pay $2,500 a month plus utilities and yard care expenses for the home a vendor has purchased in the Town of Pound if the two placements are approved. There are said to be another 64 sex offenders waiting to be released from the mental hospital as soon as residences for them can be found.

The public had been told that the sex offender residence requirements subject would be addressed at the Middle Inlet meeting. There were 18 Middle Inlet residents present for the May 11 meeting in addition to the town officials, and no one was against the idea of adopting an ordinance to protect their children.

"These are bad, bad men, and somebody is going to get hurt," Bedora declared.

He reviewed steps taken so far in regard to the proposed placements, and commented that Judge James A. Morrison at the scheduling conference in his court on Monday, May 8 had thrown all kinds of questions at the two attorneys, one representing the sex offender and the other apparently representing DOH.

Judge Michael Judge in Oconto Court two weeks earlier had said he will issue an order requiring DOH to find a home for the second offender in Outagamie County, which is his home county and is near his support group, which is where he wants to be.

"The judges are definitely not in favor of letting those people live here," Bedora declared.

Middle Inlet Town Chair Richard Wade commented on the number of letters the judges had received. Bedora said Judge Morrison received over 100 letters and a petition and Judge Judge received over 85 letters and a petition against the proposed placements.

Wade understood that these men have technically served their time, and if placements cannot be found quickly enough under the 980 law, a Federal Court could order the state to simply let them go, without supervision and without the bracelets that Wisconsin's 980 law requires. That had happened to Minnesota, which is currently petitioning the federal courts to allow them to re-enact their law.

The two men being considered for residence in Pound each have completed 10 or more year prison sentences followed by 10 years of treatment in Sandridge Treatment Center, the state mental hospital in Mauston. Psychiatrists there say they now can be safely returned to society.

Wade asked about Act 156, which Wisconsin adopted in February of 2016. Mursau gave a brief history of why the law was passed, and explained he voted for it because without it all the cities were passing ordinances prohibiting these sex offenders from living there, which meant they would all be coming to live in rural communities like the ones he represents. The cities were pretty much able to make the entire city off limits. With Act 156,the state can override any local laws as they pertain to the 980 offenders on supervised release.

He said if the original bill had prohibited them from residing less than 1,500 feet from any residence of a child without including the adjoining property provision, it would have pretty much still ruled out every major city, which would have meant they would all be placed in rural areas.

For this reason, the new law being introduced will still include that provision, but will clearly state they must be placed in the county in which they resided before their arrest, not the county in which the offense took place.

He said the doctors state these people are ready for release. He agreed it is a lucrative business for vendors. However, it costs the state $155,000 a year to keep an offender in prison, and more to keep them in a mental hospital. It costs about $55,000 each to place them in a vendor-supplied home. The "bracelet," which tracks the location of the offenders at all times, is a special thing that Wisconsin petitioned for.

He told of Minnesota losing its 980 supervised release program because they were taking too long to find placements.

He said data shows less than 2 percent of registered sex offenders re-offend if they are older than 60 when released. Both men considered for placement in the Town of Pound residence are over 60. Of those between 45 and 60 years old, only 45 to 50 percent do not re-offend. The two men proposed for Marinette County are both over age 60.

Mursau said the 980 law has not worked exactly the way it was intended, "There are unbelievable problems with it."

The bill he and others have introduced now is being made part of the upcoming budget bill in hopes it can be adopted quickly. "If we made it a stand-alone bill there would be people coming from all over the state to protest it," he said.

The new law will say the offenders all must go back to the place where they lived before they were arrested, Mursau said. Marinette County found 10 suitable residences that meet the legal requirements. The Village of Coleman has someone coming there, but his family is there and he will be with them.

He said there are precedents for judges to deny the placements recommended by DOH, which was done recently by a judge in the Wisconsin Dells area.

"I have all confidence that Judge Morrison isn't going to allow these placements," Mursau said, but added, "DOH has said (if these are refused) there are two men from Milwaukee who will be put there."

Mursau repeated the law as it stands, ""simply has to be changed. I have every confidence that will be done by the end of June, hopefully in time to stop the placements in the Town of Pound."

He repeated reasons for passing the 2016 law, and added, "" regardless, it has kind of backfired on us." The new law will say the offenders must go back to the county they lived in, and that county must accept them.

Mursau repeated the ordinance that Beaver passed and Middle Inlet is considering, "Is a good law. The only thing the state can override is the 980 supervised release placements." However, "These are the worst of the worst."

He said there have been other problems. An individual on the legislature's Joint Finance Committee had been given a "white paper" with some recommendations for a supervised release law as it should be, "and somehow the Department of Corrections and the Department of Health lost that paper."

Mursau said the two men DOH wants to put in Pound do not even want to be here, and have no reason to be here.

Wade commented rural places do not have the medical facilities needed to treat these men, and Mursau agreed. They are under orders to get jobs, but that also is impossible living in a rural area without a vehicle or freedom to drive it.

Mursau said Outagamie County was ordered two years ago to find a place for one of the men, "but finding a house that meets the requirements is not an easy job."

Bedora said according to Judge Morrison, Marinette County has been looking since January. He added the guy who sold the house in Pound to the vendor "simply doesn't care what happens to the community, and certainly the corporation that bought it doesn't care."

Mursau noted Morrison had instructed the attorneys to define the difference between "dwelling" and "facility" as it applies here. That question and others are to be answered when the case comes back to court on June 21.

Bedora felt originally the house is just a "dwelling," but when purchased and rented to the state for the purpose of being a supervised release residence, it becomes a "facility". He said he had asked why the communities are not notified in advance and learned, "the DOC and DOH are pretty adamant about keeping everything as quiet as they can."

Supervisor Ron Wenzel asked if the residences are equipped with surveillance cameras. Mursau said they are not, but for example if there is a window they should not be looking out of, the state will close it up.

Mursau said they like to place two residents per house for economy, and they have a treatment plan that may require psychiatric care.

A lady in the audience commented on a news article that Wisconsin needs 247 more psychiatrists than it has. She also objected to the idea of having the police drive around for hours trying to find a facility to put them in.

Former Middle Inlet Supervisor Jessie Magerowski asked how Beaver got out of having the men placed there. Bedora said the house is bad and did not pass their inspection. However, Beaver is going to issue an order for it to either be fixed up or torn down. He prefers having it torn down. "If somebody buys it and fixes it up, it could be back on the list as a home for repeat sex offenders."

Asked again about the legislation he hopes will pass, Mursau said it is quite simple. It will require the home county to pick 10 places that qualify. If the offender has family, they will possibly help find a residence, or allow the offender to live with them.

Wade said they will put the sex offender ordinance on the board's June agenda. He asked supervisors Wenzel and Don Van to read over the sample ordinances before then.

Moving on to other business, Clerk/Treasurer Chuck Stanek reported the only bid received for the Moonshine Hill Road "TRID" project was from Northeast Asphalt, Inc., of Green Bay for $206,332.50. After a few questions from Wade in regard to price were answered, the board unanimously agreed to accept the bid. Wade said the last segment of the road had cost $190,000. He added this price seems high, "but it's still within budget, so we're fine."

Wade asked if there was any problem with them getting the project done as soon as possible, and the representative said there is not, and he expects work to start in a couple of weeks.

The Village of Wausaukee has asked to join Near North Municipal Court. Other current members in addition to Middle Inlet are the towns of Lake, Middle Inlet, Silver Cliff and Stephenson. The board voted unanimously to accept the Village of Wausaukee as a member of the court.

There was a brief discussion on how the judge gets paid. Wade said the court meets once a month, and the judge is paid once a month. The towns share the cost, and cost to Middle Inlet is $100 a month. However, he said the contract needs to be re-worded, because there is no reference to the total pay, and now, with five members, the judge gets $500 month.

Stanek said the law reads that the municipalities set the salary and share costs equally. He noted the court started with two towns, and pay was $200 a month, shared by the two towns. Wade said they cannot change the pay within a term. Stanek repeated the law says the towns get together and set a wage, and each pays an equal share. He said pay started at $200 a month and now it is $500, and court still meets once a month.

With agreement that the pay issue needs to be addressed by all the municipalities, the board approved the Intergovernmental Agreement for the Operation of the Near North Municipal Court, and Wade signed it. Copies of the documents will be mailed to the Court via the Town of Stephenson. To accept a new member, each municipality must approve identical documents, and these were part of that process.

In his road report, Wade said, "Slow Children At Play" signs will be installed on Deer Lane. There had been complaints of speeding drivers.

Grading of the town's gravel roads is underway and should be completed during the week of May 15. The Spring road check is completed, as is patching of the towns roads. Downed trees were removed on numerous town roads, trees were removed on Moonshine Hill Road in preparation for the TRID project. Wade thanked Northeast Tree Service forgetting that done. Several missing road and street signs have been replaced. A washout on Thompson Road is being addressed, and the work will be done by a contractor, Wade said. On Big Rock Road, a tree stump that was a safety hazard has been removed. Asphalt damage/repair on Meyer Road will be taken care of.

On recommendation from Wade, the board agreed several road projects will be put out for bid, with bids to be opened at the board's June meeting. Potential bidders can contact Wade at 715-927-5311 for specifications. Wade asked Stanek to be publish an ad in the Peshtigo Times asking for sealed bids.

Projects being bid include:

Moonshine Hill Road, total reconstruction from the intersection of Moonshine Hill & Camp 5 roads east 5280 feet;

Moonshine Hill Road east from the intersection of Moonshine Hill and McMahon roads, heading east to the dead end, 2376 feet, asphalt only;

Lake Road from the intersection of Lake and Raven roads south to Rector Road, 3707 feet, asphalt only;

Lake Road from the intersection of Lake and Willow roads west toward Rector Road 2245 feet, asphalt only;

Western Avenue from its intersection with North Street, north to dead end cul de sac, 1282 feet, total reconstruct.

North Street west, from its intersection with Western Ave., west 216 feet, total reconstruct, and

Kennedy Drive west 216 feet from its intersection with Western Ave., 216 feet, total reconstruct.

Wade mentioned a bad area on one of the roads where they will dig down to find out why the road is sinking. He said if these bids come in good, they may be able to do two or three more projects this year.

Since Wenzel was elected to the Town Board last month, he can no longer serve on the Planning Commission, so there had to be some changes. Wade appointed Theresa L. Klister to a three year term to replace Wenzel. He also reappointed Craig Wenzel and Ryan Pomeroy to new three year terms, and designated Craig Wenzel as Commission Chair. Carol Bausch and Sandra Peterson are continuing members.

Fire Chief John Coddington had previously asked Wade to set a special Town Board meeting with State Fire Coordinator Carl Frisque to clarify overall compliance with the Ŗ% Fire Dues" program. The meeting is set for 10 a.m. on Thursday, May 18. Coddington is to contact Frisque.

Coddington said the cracks in the fire station parking lot "are getting wider and wider." Wade said he will contact a paving firm, and he still has an estimate that was given to him previously.

Supervisor Van reported that the "Every Monday" trash collection for the summer was scheduled to begin the first week in May. Due to scheduling problems and an oversight by G.A.D., the garbage collection contractor, there was no pickup on Monday, May 8. Van said they are supposed to adjust the May bill to reflect the missed week of pickup.

Stanek and Wade commented on how nice the new town hall sign looks. Town Hall Caretaker Jessie Magerowski said she would put it up next week. Both the old sign and the posts that hold it up are being replaced.

There has been an on-going issue on maintenance of a property at W7586 Sweetheart City Road. Former owner John Maedke is deceased. Wade reported probate awarded ownership to Maedke's son, who told him he is trying to evict the tenant, Thomas Malchow, but is having problems doing it. Wade said the new owners are not happy. The inside of the house looks as bad as the outside. Meanwhile, Wade will talk to the town's legal counsel. The town has a court order to remove the illegal vehicle, and the new owners have told him they intend to comply with the cleanup orders.

Another "Notice of Nuisance" will be sent via certified mail to each of the owners involved in the properties at N9224 and N9236 Ellis Lane.

A concern had been expressed regarding an ATV connecting route from Wayside Road to Dropp Road, which provided East/West access across U.S. Hwy. 141. It was reported that the DNR had ticketed parties for using this property. It has been a long understanding that the property owners had given permission for ATVs to use the connecting route. Stanek said he reviewed property records and found there is an unusual deviation from normal highway right of way, and a small triangular section located east of the highway actually is Highway 141 right of way. He suggested an ATV trail detour could be worked out by getting written permission from adjacent property owners, mainly the cement factory, to use the back part of their property. Signs will be needed to designate the connecting route between Wayside Road and Dropp Road.

As the meeting drew to a close, Magerowski asked for a moment of silence to recognize the passing of longtime resident Karen Phillips, whose mother had served on the Town Board.

The evening had started with a very brief initial session of the 2017 Board of Review, which was almost immediately adjourned to a later date because the assessment roll is not complete at this time. It will reconvene at 5:30 p.m. on Thursday, June 29, for a minimum of two hours or until all business is completed. It will be preceded by Open Book from 3:30 pm. to 5:30 p.m., during which the assessor will be on hand to answer questions. Present for the adjourned Board of Adjustment were Wade; Supervisors Wenzel and Van; Clerk/Treasurer Charles Stanek, and Alternate Board of Review Member Romelle Stanek, in addition to Town Assessor Jerry Pillath of M&O Assessing Services.

At the regular Board meeting Stanek pointed out that Supervisor Wenzel had been a member of the Board of Review and will now need to be replaced since he is a Town Supervisor. A new person is to be appointed as alternate at the June Town Board meeting.




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