Category: Uncategorized

As the outgoing mayor, I had the opportunity to say a few words last night at the Common Council’s annual organizational meeting. The Common Council was overly kind to me at the meeting and, frankly, I was overly emotional. But, to close out my tenure as mayor (I will not be posting to this website in the future), I decided to post my comments here:

What we do in these chambers is not the essence of city government business.

The real business of city government involves plowing and paving roads, catching the bad guys, putting out fires, conducting elections, mowing parks, assessing properties, burying pipe, inspecting properties and all the other things the majority of city employees do on a daily basis.

We should be both proud and grateful that all those things get done with relatively few complaints and relatively little input by this body. Mequon has great employees.

But, even in our supportive or secondary role, we have an obligation, and we try to do things well. As you know, I am always worried that the city does not get things done quickly enough. I was concerned that, particularly as a result of COVID, not enough was accomplished.

So, I put together a list of things the common council, with staff’s guidance, accomplished over the past three years. It is an interesting read.

There are 30 significant ordinance code changes and 118 other significant achievements. The list does not include equipment purchases we approved, road projects and all the other usual and customary business of this body. It was all done while the real work I listed before was done.

Let me highlight those initiatives that I think have been most important. It is likely everyone here would make a slightly different list.

1. The agreement to merge the Mequon and Thiensville fire and emergency medical services departments. Although that came together over the last four months, it is actually the culmination of at least three years’ work and work by a lot of people.
2. The new conservation subdivision ordinance.
3. Rezoning of the Ulao Creek area.
4. Planning for the OIT Crossing.
5. Support for the police department, even while the world heaped criticism on cops, including a second school resource officer, license plate cameras and a new public safety IT coordinator.
6. The Community Development study.
7. Planning for the redevelopment and long-term success of the Port Washington Road business area. Hopefully that will be a sustained effort by this body.
8. Multiple Town Center efforts, including working through the Foxtown Development, helping to finalize Spur 16, planning for new public improvements, the Gateway sign and the expansion of Settler’s Park.
9. The citywide survey.
10. The informational technology study and upgrades.

I believe these efforts, assuming there is follow through, will positively impact Mequon for generations.

And we did that while maneuvering through COVID with unanimity and more responsibly and with less disruption than most communities.

You should be proud of how much you accomplished, particularly in the face of a pandemic and during a time that the world just seemed angry.

These were not my accomplishments, I had little to do with most. Instead, they belong to the department heads and city employees, who did most of the work, and this body and various committees. I thank all of you.

As I said, there needs to be follow through on many of these issues. Behind the list of achievements, I attached my list of unfinished business. Maybe that list will be useful. That is up to you.

The final couple of pages of my handout contain some additional thoughts.

I would add five more suggestions:

1. You do not need to make new rules and restrictions to govern well. Most of what we did over the last three years added transparency and consistency, not new rules. The world has too many rules.
2. Do whatever you can to enhance communications. The public appreciates it.
3. If you do not like a rule, change it, do not just provide an exception or variance. Government is better when there is less negotiating and more transparency and consistency.
4. Long meetings are not better meetings.
5. Be guided by your principles but keep partisan politics out of City Hall.

Serving as mayor has been the greatest honor. I expect I received more good than I put into it. There is a true sense of accomplishment when you can do something for others. And I made many friends, including many people in this room. I am going to miss so much of this.

But it is time to move on. When I was first elected 21 years ago, I was in my 30s and for a long time I was the youngest alderman. Suddenly, that is no longer the case. I have always tried to give 110% to my efforts here 110%. I shouldn’t hang on when the rest of my life prevents that effort.

I have committed to Mayor Nerbun that I will stay out of things unless asked. Nobody wants the former guy hanging around second-guessing everything. It is not good government. However, if I can help in any way, please ask.

I have enjoyed working with the people in this room. Thank you for working with me when you thought I was right, and for respectfully overruling me when you did not. Mostly, thanks for your friendship and advice.

As I did in the News Graphic article, I want to thank Stacey and my daughters for allowing me this opportunity. I could have worked more and made more money. I could have been around more evenings. But they patiently understood my need and gave me the freedom to work for this community I love.

Mequon is the best place to live, work and play in southeastern Wisconsin.

I tried not to break it. I hope I had some positive impact.

Again, thank you.

I prepared this list of initiatives the new mayor and common council might consider addressing over the next year or so. Most of these items are substantially done or planned. Besides this list of suggestions, I do not plan to chime-in unless asked.

I thought it would be worthwhile for the Common Council and city staff to see a list of things they accomplished over the last three years, so I compiled this list:

CHANGES TO THE MEQUON CODE OF ORDINANCES

OTHER SIGNIFICANT ACCOMPLISHMENTS

I was honored to speak along with Thiensville Village President Van Mobley and Mequon Thiensville School District Superintendent Matt Joynt today at the annual State of the Community luncheon. The luncheon is sponsored by the Mequon-Thiensville Chamber of Commerce. Here is the text of my comments:

STATE OF THE COMMUNITY
March 9, 2022

ACKNOWLEDGMENTS

Thank you Chamber President Dean Rennicke, Vice President Michael McDonald and staff members Tina Schwantes and Gina Sotelo. This is a great event. And thank you to Tom Neiman for bringing this beautiful facility to Mequon.

The state of Mequon is STRONG.

There are a lot of people who should be acknowledged for assisting our community to be strong.

Joining me today from the City of Mequon are City Administrator Will Jones, Assistant City Administrator Justin Schoenemann, Director Development Kim Tollefson, Assistant City Engineer Cole McCraw, City Treasurer Jenn Engroff and Mequon Police Captain Mark Riley, as well Alderman Brian Parrish and future mayor Andy Nerbun. There has never been, at least in my three decades of paying attention to Mequon City Hall, a better set of hardworking professional city staff. We are very fortunate. They make our community a better place.

We also have a very good group of elected officials. I thank all of them for their hard work and the amount they care about our community.

The city staff reflects to some degree the quality of the elected officials and, at their best, elected officials are reflective of the community.

The strength of a community is not determined by its municipal staff or its elected officials. In fact, they can only supplement the quality of the community. The strength of our community is determined by its people. And the people make a community strong through their individual efforts – there are well over 100 volunteers on city committees – and their neighborhoods, houses of worship, service clubs and, yes, the community’s business community. You folks do a great job representing our business community.

Last, but certainly not least, Mequon is made a stronger community because of its relationship with great partners, the Village of Thiensville and the Mequon-Thiensville School District. We hope and trust that both of them are made better because of their relationship with Mequon.

I ask for another round of applause for Van Mobley and the Thiensville Village staff and officials.

And now for an excellent school administrator, Matt Joynt, the Mequon-Thiensville School Board the district’s employees. They have had a tough year.

CHALLENGES

When we met at this function a year ago, we were working our way out of a deadly pandemic, business closures, virtual meetings, mask requirements, unrest over police and a divisive presidential election.

About the very time we were starting to put all of this behind us, a group of residents decided that elections are inadequate to choose school board members. They wanted a do-over. In the process, our community was divided all over again. Signs were placed everywhere, and the city was threatened with a lawsuit over a sign ordinance that, in similar form, served the community well for decades. Through a large effort, we totally rewrote that portion of the sign code in time for this spring election.

But Mequon and Thiensville thrived despite all of the unfortunate division over the past two years. A challenge for the future will be to find ways to express our disagreements without being divisive. We need to find common ground where we can and, when we cannot, we must find ways to disagree without being disagreeable. We can and should be better than our national and state leaders who apparently believe that division can replace leadership.

On top of all that, this past year, the city successfully navigated some other unusual or unexpected challenges. Like many of you, the city has faced retirements, people changing jobs and a tight labor market. Through good management, the city has filled those vacancies with, may I say, often better people. Additionally, we completed a citywide property revaluation. Mequon held vaccine clinics, something that would have been unheard of a few years ago. We completed redistricting based on the new census. Those were all non-recurring challenges.

ACCOMPLISHMENTS

With that as backdrop, a great deal is being accomplished in Mequon. I will just touch on a few highlights of the past year.

Safety Services

Safety services are always of the highest importance in this community.

As Van discussed, Mequon and Thiensville individually, collectively, and as part of a county-wide effort, conducted an in depth review of our fire and ambulance services. We verified what far a while has been apparent – a department which is almost entirely volunteer or paid on call is no longer feasible. Not here. Not anywhere. However, the paid on call model can and will continue to be an important part of our services, keeping costs down and providing good service, if we manage and supplement it appropriately. To get there, this past year we altered our command staff model. More importantly, Mequon and Thiensville decided to work together to see if together we can provide better services and response times that, in the long-run, will be more efficient than continuing to provide those services individually, I expect that, in April, we will be rolling out a plan for a combined department. And we are starting to look at ways that we can bolt-on the City and Town of Cedarburg to make the department even more flexible, efficient and stronger. Van and the staff of both communities deserves a lot of credit.

Our communities will have to spend a bit more to provide adequate fire and emergency medical services. However, what we are doing will be a lot less expensive than the other alternatives available to us.

We continue to strengthen our police department and the tools available to it. You might have noticed the new license plate cameras along the roads. They already have helped solve a few crimes. Unfortunately, there is a crime epidemic to our south and it is spreading to suburban communities. That is not good for Milwaukee, and it is not good for us. We and other suburbs should care because Milwaukee is the economic hub of Southeastern Wisconsin, because the crime is spreading to us, and because it is right. Fortunately, although there are occasional spikes, contrary to the belief of some, our overall crime rate is not getting worse. Much of the credit is due to an excellent police department and expanding neighborhood patrols. We are not going to defund the police.

Roads

Mequon has continued its dedication to improve our roads. Just last night the common council approved over $3 million of road reconstruction and repairs this year, and we fit that in our existing budget structure. Moreover, the city is contributing toward the Highland Road Interchange.

Parks

We also continued to improve our parks. We expanded Settler’s Park by buying and demolishing two homes across from city hall, and we dedicated the new Town Center Gateway feature. There will be new fishing piers in Rotary Park and new baseball fencing in River Barn Park. We improved our policies for large events like Gathering on the Green in the hope that we can attract more community-building activities.

Interurban Trail Safety

Not everything works perfectly, but we ultimately get there. One of the most disappointing things in my tenure has been our inability to get timely required approvals from the DOT for much needed safety improvements to Mequon Road in the Town Center and the Interurban Trail. But through persistence, we now have most of our approvals, so the city should be able to get much of that work done yet this year.

Economic Development

Of course, in Mequon, much of our attention is devoted to economic development. And it is not just banks.

We have a variety of new development and redevelopment projects. The beautiful Foxtown development where we are holding this event is doing amazing things in this area. It continues to grow. There will be new townhouses south of here on Buntrock. The subdivisions along Wauwatosa Road in the Central Growth Area are expanding, and at least one new subdivision in that area is in process. The old yellow building on Port Washington Road has been redone. The Port Zedler Motel is gone, creating a new opportunity. The ICAP development across from Sendik’s is proceeding. And, yes, North Shore Bank and Landmark Credit Union have new buildings. There are several other new proposals in the works.

And I should not neglect the new tenants in Spur 16. All of the vacancies caused by the pandemic in the Public Market have been filled and, if anything, it is better than ever. Soon there will be two new drinking establishments in Spur 16.

However, I am most proud of some changes in our policies. Rather than making new, onerous rules, we have clarified many policies to make our processes fairer, more consistent and more transparent.

Along those lines, we have completed two major undertakings that the city has struggled with for at least 20 years.

First, we rezoned all of the land along Port Washington Road north of Highland Road. We did it responsibly to avoid sprawl and to ensure that the use of that land does not keep the areas south of there from redevelopment. But, the prior zoning essentially confiscated the value from those property owners by making it almost impossible to use their properties, and that wasn’t fair.

That effort is already paying dividends. There is a beautiful single-family residential proposal for the parcel on the southwest corner of Port Washington and Highland Roads.

Second, we created a conservation subdivision ordinance for residential developments in the unsewered parts of the city. This ordinance will allow Mequon to keep its low density and open feel while removing many of the bureaucratic and political barriers to using property. This might not have immediate apparent results, but it is great for Mequon’s long term.

We continue to work on other economic development efforts. The city is planning better branding and public space design standards for the rest of Port Washington Road, – that effort is nearing completion – and the city is in the process of modifying the tax incremental district standards for areas of Port Washington Road south of Mequon Road. The city is working on more consistent building approval standards and a more coherent water connection policy. The city has completed studies of the Economic Development Department and its processes, as well as the City’s Information Technology capacities. We are implementing those changes. This year there will be new permitting and inspections systems, and that’s just the beginning. These systems will improve the customer experience. Three years ago, inspections were a sore point for many building and business owners. Those complaints have largely disappeared. Finally, the city has approved $2.7 million of public space improvements for the Town Center, including the road improvements I mentioned earlier, the burying of electric lines, fencing around the cemetery and other improvements that will ensure that the Town Center continues to redevelop.

But we are also taking a long view. The city recently had a strategic planning retreat and will continue the strategic planning process. We are looking at plans for redevelopment of the civic campus and plans for building new safety buildings.

Taxes

And we are doing all of this while keeping taxes among the lowest of any city or village in the state. It is a balancing act between needs, wants and being frugal.

Closing

There’s a lot that has been done, and a lot that still needs to be done. City government will be in good hands with new Mayor Andy Nerbun, the common council and staff.

The future is bright. Mequon and Thiensville are the best communities in which to live, work and play in Southeastern Wisconsin in large part because we have great people.

Thank you for this opportunity.

I have decided not to run for reelection as mayor. For months, I have been thinking about this and discussing it with my wife Stacey. It has not been an easy decision, but I believe it is the right one.

Serving as Mequon mayor for the past three years has been a great honor. I have enjoyed it. Thank you for giving me the opportunity to contribute to this community I love. For over two decades, I have contributed to Mequon government. I will miss City Hall and assisting residents, but I will find other ways to make a difference.

However, life can change a great deal in three years. Since being elected, both of my daughters were wed, my first grandchild was born, Stacey and I bought a second home on a lake in northern Wisconsin, and I have decided to curtail my law practice on my way to retirement. Therefore, I want to spend more time with Stacey and my daughters and their families, stay at the lake, work on my Christmas tree farm and golf. Stacey and I intend to travel for a month or more at a time. I want to be more involved with my church. I will get in better condition and work on my health. I also intend to write more and, perhaps, teach.

I have taken pride in the effort I have put forth as mayor. I do not foresee having the time in the next three years to do the job the right way and still accomplish my personal objectives.
 
Moreover, the past three years have presented an unprecedented sequence of significant and emotionally charged issues – concerns about race and police, including the BLM protests; COVID and related controversies about public facilities, masks and vaccines; the attempted gubernatorial recall; a divisive presidential election; and the MTSD board recall election and all of the controversy that surrounded it.

I addressed each of those issues with restraint and with the best interests of the community as my guide. I was supported by large numbers of community members and, often, with the unanimous support of the Common Council. But not everyone agreed, and sometimes zealous advocates on each side were unhappy.

If I ran, an opponent would likely rehash all these issues. It would not be a winning strategy for my opponent, but Mequon does not need that. We need, instead, to rekindle a sense of community rather than revisiting old controversies. Hopefully, with a different candidate, we can look forward rather than backward.

I have devoted considerable effort to improving fire and emergency medical services; planning for the future of Port Washington Road; updating ordinances; trying to make the city approval processes more consistent and transparent; ensuring that the police department is well equipped and staffed; upgrading aging facilities; and improving communications with residents. Rather than focusing on past controversies, the next mayor should focus on those and other ways to improve city government.

Mequon can keep taxes low, have excellent police, fire and ambulance services, ensure good roads, improve city services and facilities, work to create a sense of community and plan for our future. 

I am optimistic about Mequon’s future. Again, thank you for allowing me to serve.

Veterans Day 2021

I was honored to be asked to speak at the Legion Post today to our veterans and community in honor of Veterans Day. Here are my comments.

I would like to thank the Legion Post and the Auxiliary for giving me this opportunity, on behalf of the people of the City of Mequon, to say thank you to each of you and to all veterans. My words are likely insufficient to express the depth of the appreciation I have for your service.

People join one of the branches of the military for different reasons. In my own family, those reasons have ranged from the mundane – the need to grow up and gain a skill – to being drafted, to volunteering out of a sense of duty and patriotism.

Regardless of the initial motivation, each served to keep all of us free. So, today we celebrate all veterans. We owe a debt of gratitude for the sacrifices each of you has made.

Even serving in peacetime, you risked putting yourselves in harm’s way. This has never been a theoretical risk. Since April of 1775, when the first shots were fired in the Battles of Lexington and Concord, there have been over 90 declared wars and military interventions.

So, today we say thank you. Thank you for the time you served, the risk you undertook, the sacrifices you and your families made and, in some cases, the blood you spilled. Because you did that, we can live in a free and constitutional republic.

But, to be truly thankful, we need to live our lives in a way that upholds the ideals you sought to protect.

The majority of our country’s military actions have involved some resistance to or action against authoritarianism. Whether the enemies have been fascists or communists or terrorists, the powers America fought often were put in place through a populist revolt that eliminated freedoms and threatened to spread.

We must be vigilant to ensure the same thing does not happen in this country. Today, we face an unprecedented risk here at home from authoritarianism. That risk is posed both by some on the Right and some on the Left.

Some of our fellow citizens and elected leaders want to silence opposing views. They cultivate power by dividing our country. They marginalize people who are different. They practice cancel culture. They believe in crazy conspiracies and tell big lies. Facts do not matter. They refuse to recognize the legitimacy of elections. They undermine our courts and our Constitution. They are willing to discard the fundamental bases of our country. They replace the rule of law with populist rage.

If we truly respect you veterans and the sacrifices you made – if we truly want to say thank you – then we must do what we can to deserve those sacrifices. Like our military, we must “support and defend the Constitution of the United States against all enemies, foreign and domestic.”

Although the darkness of authoritarianism has been creeping across our country, I am always an optimist. We Americans, even when tempted by the worst of our nature, ultimately recognize the beauty of this great experiment in Liberty we call the United States.

Fortunately, we have the inspiring examples of our veterans. Ronald Reagan recognized those examples when he said the following at a Veteran’s Day ceremony in 1998:

For too long a time, they stood in a chill wind, as if on a winter night’s watch. And in that night, their deeds spoke to us, but we knew them not. And their voices called to us, but we heard them not. Yet in this land that God has blessed, the dawn always at last follows the dark, and now morning has come. The night is over. We see these men and know them once again — and know how much we owe them, how much they’ve given us, and how much we can never fully repay. And not just as individuals but as a nation, we say we love you.

May we always recognize your deeds and hear your voices. Thank you for your service, and God Bless America.

You don’t like the proliferation of campaign yard signs? Neither do I.

For decades, Mequon had relatively simple ordinances about campaign yard signs. No signs on public property. Campaigners needed permission before posting a sign on private property. Signs had to be a certain size, and there were limits to how many signs that could be posted on a property. Signs needed to come down after elections. There were scofflaws who broke these ordinances, but they generally worked okay. Most people were happy. They had a means for expressing their preferences.

Years ago, it came to the city’s attention that court decisions called into question some of the rules. At the advice of the city attorney, the city stopped telling people to take down large signs and stopped telling people how many signs they could put on private property. However, the city maintained the rest of the rules. I reminded people of the basic rules last year before the presidential election in this post.

People who are “aghast” and “shocked” that there are large signs posted during this election either were not here for prior elections, were not paying attention or, frankly, are being dishonest. There have been large signs at every election going back to at least the 2016 presidential election (I believe even earlier). There have been about 10 elections (or more) during this period. There were large Trump and Biden signs just last year. Some of the people now complaining about the large signs worked on those campaigns.

When I was elected mayor, I asked that the city put the issue of campaign signs on the list of items to be addressed by staff and the common council. It took a while, but they began that process earlier this year (well before the recall petition started).

After that, the recall petition started, and the petition signers decided to collect signatures on public property. There were many complaints, but the city took no steps to stop them. The city recognized they had the constitutional right to do so.

But they also posted signs while collecting signatures. Based on the ordinances described above, the city attorney advised that such signs were not allowed. It was the same advice given a year earlier with the Evers recall, and the same position the city had taken for more than a decade, including with the Walker and Darling recalls.

I therefore posted this on July 16, 2021.

One of the recall organizers engaged the Wisconsin Institute of Law and
Liberty (WILL) and threatened to sue the city. The city engaged outside, unbiased counsel to advise the city. The city then stopped enforcing the ordinance regarding public property due to a variety of defects in the ordinances.

As a result, the city learned that the Supreme Court has ruled that political signage cannot be treated differently than other signs. A separate ordinance category for political signs is, in the Court’s opinion, unconstitutional. But that is what the city has – a political signage ordinance. Sec. 62-8(a)(4) of the Mequon Code of Ordinances. The city came to the realization that it cannot enforce any of the political sign ordinance.

So, until the sign code is redrafted, the police department and the city inspectors will not be enforcing the political sign ordinance except:

•  If a sign poses a safety hazard. The police department has already had one homeowner move a sign.
•  If someone posts a sign on private property (e.g., homes, businesses, empty fields, houses of worship, entrances to subdivisions, private golf courses, etc.) without permission.
•  If someone posts a sign during polling hours on any public property on election day within 100 feet of an entrance to a building containing a polling place. That is prohibited by state law.

If the city took any other action, it would be subject to lawsuits by either the pro-recall or the pro-school board campaigns, or both. The city cannot enforce an illegal ordinance. Instead, the city is going to follow the law and the guidance of its attorneys to come to a legal and proper result.

The common council is going to be asked tomorrow evening (October 12, 2021) to approve the engagement of an attorney to advise the city on corrections to the sign code. It took a little time to find someone with expertise to advise the city. More importantly, the city administrator, city attorney and I wanted to find someone who is not involved locally so that he or she would not be accused of skewing their advice to one group or another. We believe we found that person. In case you are wondering, I do not know him.

If you believe that this has been skewed based on my or anyone else’s preferences regarding this recall election, you are sadly mistaken and are seeing this through your own partisan lenses. I trust that most people, even if they do not like all the signs, will understand.

I have carefully stayed out, at least publicly, of national, state, county and school issues as mayor. I think that is the right thing to do. Nobody wants to hear from me on issues that have nothing to do with why I was elected.

I have made exceptions only when something has a real impact on the operation or ordinances of the city. Therefore, I thought long and hard before deciding to say anything about the recall.

If the very same issues were raised during a regularly scheduled election, I would not have commented publicly. Whether I agree or disagree on the issues raised, they are fair game in a regularly scheduled election. Moreover, I do not believe that I have any particular knowledge regarding these issues. Like most residents, I have opinions, but they are not entitled to any more weight than anyone else’s.

However, the recall process has direct impacts on the city. Even though the city will be reimbursed, a sizable number of staff will be taken away from their regular responsibilities over the next month, causing the clerk’s office to be delayed in other responsibilities. Moreover, if this becomes a regular occurrence (remember, this is the second recall effort in as many years), it will impact the city’s staffing. I expect, if this recall is successful, there will be more. Finally, this recall has impacted how everyone approaches government on all levels.

I firmly believe, as the letter I signed states:

“Recall elections are an important tool in a democracy. There must be a way for voters to remove elected officials who have used their office for personal gain, who have committed crimes, fraud or some other malfeasance or misconduct, or who unambiguously lied to achieve office.

There have been none of those allegations. Instead, the recall organizers have raised policy concerns. Policy differences, even those that are serious, should be resolved at regularly scheduled elections.”

Contrary to the assertions of some, I am not engaging in political gamesmanship (although I will never be able to convince them of that). My position is consistent with the position I took during the Scott Walker and Alberta Darling recalls. Here is some of what I posted on Facebook at the time of the Walker recall.

My position has not changed. I wonder how many of my fellow Walker-supporters who argued that was an improper use of the recall process are being consistent?

I have received all sorts of reminders that my seat is up for election in April. I recognize that. I have neither announced I am running nor announced I am not. That does not matter (it never has with respect to any decision I have made or position I have taken).

It obviously would have been easier for me if I had stayed quiet. However, I try to do the right thing, and the chips will fall where they might when and if I decide to run. I have a lot of faith in the people of Mequon to elect a good representative in April.

Mequon is the Best Place to Live, Work and Play

The most recent News Graphic “Celebrates Mequon.” I was honored to be asked to submit an article. Here is my submission. I suggest you subsribe to see what is happening in our community.

A Mequon resident is trying to convince local officials to eliminate or minimize fines for marijuana use and possession or even to decriminalize marijuana. He contacted me and subsequently has suggested that I am open to his position. I want to clarify what I said.

I told the resident that marijuana is a state and federal issue and not a local issue. Therefore, like other issues that have no bearing on the operation of our community, I am not going to take a position. I do not believe local government should chime in on issues that have nothing to do with the proper role of local government.

The resident suggested that there is a groundswell of support for his position and that there are (unnamed) aldermen who agree with him. I told him that any aldermen is free to propose a change. I did not, and do not, suggest that any alderman should do so.

To be clear, I am certain that local government has no authority to decriminalize marijuana use or possession. State government defines crimes.

Also to be clear, I would strenuously oppose any local proposal that would be inconsistent with state law. As I told the resident, state law requires the mayor to “take care that city ordinances and state laws are observed and enforced.”

The City and its law enforcement officers should not treat people who violate marijuana laws differently than violators of other similar laws.

The issue of medical marijuana use, or the use of marijuana generally, should be decided by our state government, not by city government. We should not have a patchwork of inconsistent local laws. I am not an elected state official; therefore, I am not going to take a public position on how the state should handle these issues. I am not going to get involved in an issue that would be so divisive when it is not the proper role of the City.

I was humbled that the Festivals Committee asked me to provide the remarks at yeterday’s 911 Commemoration. I had hoped we could find someone with a greater connection or greater insight but, at the end of the day, I tried my best. Hopefully, the American Legion and Cub Scout color guards, Homestead band and fire department bell ringing added the substance and gravitas that I could not.

A few people asked afterward for the text of my comments. The facts of 911 were worth reviewing. Here they are:

[GENERAL WELCOME COMMENTS]

It has been 20 years since 911. About ¼ of Americans were not alive on that fateful day. I suspect, for the rest of us, that day is permanently imprinted on our memories. I have more vivid memories of that day than I have of the births of my daughters, my wedding and the deaths of my parents.

But it is worth reviewing what happened.

Terrorists hijacked and crashed four passenger planes, two into the Twin Towers of the World Trade Center, one into the Pentagon and one into a field in Pennsylvania/

236 passengers and crew were murdered on those four planes.

Those deaths were horrible by themselves, but even worse was the tragedy on the ground.

All told 2,753 people were murdered at the World Trade Center, 184 at the Pentagon and 40 in Pennsylvania.

Of the 2,977 people who were murdered, 2,605 were U.S. citizens and 372 were citizens of other countries. More than 90 countries lost citizens in the attacks.

The victims ranged in age from 2 to 85, and came from almost every state, including 12 from Wisconsin.

Of those who died, 344 were firefighters and 72 were law enforcement officers. Most of these brave men and women died coming to the scene to save others.

THE TRAGEDY DID NOT STOP WITH THE DEAD.

Almost 10,000 were treated for injuries immediately.

At least 10 pregnancies were lost. 

Over 30,000 people were subsequently treated for medical conditions related to 911. About 1,200 people have been diagnosed with cancer caused by the toxins from the World Trade Center. Close to 300 first responders have died from cancer from the toxins, bring the total first responders killed to about 700.

The economy went into a tailspin.

Wars in Iraq and Afghanistan were fought at least in part based on the attacks, resulting in the deaths of over 6,700 American service men and women, at least 100,000 allies and hundreds of thousands of others.

A special word about the first responders. They were the heroes of the day. About 700 died as a result, but they helped at least 14,000 vacate the Towers, saved thousands of others in the area and found 27 people in the rubble.

911 was one of the worst days in American history, yet there might might have been three bright spots.

1. First, in the days after the attacks, it did not matter if you were liberal or conservative, Republican or Democrat. We all were Americans. We need to get back that.
2. Second, America learned from these attacks and have prevented countless others since then.
3. Third, we recognized the courage of our own first responders.

But those lessons came at a terrible cost.

In remembrance of those who died on 911, including those brave men and women who ran to the danger to save others, and the tragedy that befell their families, I ask you to join me in a moment of prayer or silence.

[MOMENT OF SILENCE, FIRE DEPARTMENT BELL TOLLING, PRESENTATION OF COLORS]

After:

Thank you for coming. [BRIEFLY REITERATE THREE LESSONS]

Finally, it is not enough to just remember those who died. We should remember to say thank you to our own brave service mean and women, our fire fighters and our police officers. And, no matter what, we need to adequately fund those services so they can stay safe while keeping us safe. They do so every day.

I ask you to join me in giving a round of applause to our very own first responders.

On Tuesday, August 14, the Common Council will consider an ordinance I proposed that would create term limits for the mayor and alderman. The ordinance would limit any person from holding any one office for more than 12 consecutive years.

My proposal is considered a “charter ordinance”; therefore, it will require six of the eight aldermen to vote to pass it. That might not happen unless you let your alderman know that you support term limits.

If you support term limits for Congress, and most people do, you should support term limits locally.

In most every instance in communities in Wisconsin and around the country, when voters are allowed to vote by referendum on term limits, they vote to approve them. I suspect that would happen here, but voters are unlikely to get the chance, Mequon has few referendums. Plus, if the Common Council says no to this proposed ordinance, how likely do you think they are to put the question on a ballot? I expect they know what the result would be.

I should note that this proposal is not directed at any particular alderman. The longest tenured alderman, Dale Mayr, is my very close friend. Moreover, to ensure it is not personal, the new ordinance would only kick-in after an existing alderman or the mayor is elected four more times (I promise you I will not run four times – I term limited myself as an alderman). Instead, this is a Good Government proposal that, in the long run, will serve our community well.

Since January 1, 2000, incumbent aldermen have sought reelection 49 times. They won 48 times. Only one incumbent, in 2006, lost. Incumbents are 48-1.

We have been fortunate to have mostly very good people holding office. But that good?

Even on a local level, it is much easier to win reelection as an incumbent. Remember, 48-1. Incumbents have better name recognition. Plus, people in Mequon have been blessed with generally good government. They therefore attribute that good government to incumbents (even incumbents who contribute little) because most people do not know who contributes. Even when they do not like something at City Hall, they often blame it on those “other people” on the Common Council. After all, their aldermen – the man or woman who lives down the street – is a good person (this is one of the same reasons congressional incumbents often win).

Incumbents rarely have challengers. Most potential officeholders see the task of defeating an incumbent as too great. They do not want to throw mud or go negative, and that is usually what is required to defeat an incumbent.

Term limits ensure that, at least occasionally, seats are contested. Most of the time, when there is an open seat, a couple of people run. Issues are discussed. Voters are engaged. New ideas are at least considered and possible deficiencies at City Hall are debated. Democracy is engaged.

Opponents (mostly officeholders and their families) have arguments against term limits. Their arguments hold little water.

ARGUMENT: Term limits are anti-democratic.
THE TRUTH: Poppycock. Voters get a choice. In fact, with term limits, they are more likely to have a choice. Measures to encourage contested, vigorous and positive campaigns are the essence of democracy. Term limits do that. It is true that every 12 years they might be “deprived” of one potential candidate. However, it is pure arrogance to suggest that the incumbent is so special that he or she needs to be retained. The last time I looked, none of our elected officials – me included – walks on water.

ARGUMENT: Term limits are only needed for partisan races because of the pernicious influence of money in politics.
THE TRUTH: Even though our elections are not determined by money, our results are the same – incumbents keep their offices regardless of the contributions they make. Remember, 48-1. There is a power to incumbency.

ARGUMENT: Experience is lost through term limits.
THE TRUTH: Experience is important. It takes a couple of years to understand how city government works (and how It can be improved); however, smart people can catch on and make a difference fairly quickly (certainly by the end of their first term). If someone takes multiple terms to figure it out, they probably should not be holding office. Because we only elect one-third of the Common Council each year, and the ordinance would allow four terms of three years each, the majority of the Common Council will always be experienced.

ARGUMENT: Institutional memory and “Old Mequon” are lost through term limits.
THE TRUTH: Voters will always be able to elect long term residents. For many of us, that would be one of the things we consider when voting (I am a 40+ year resident). Plus, even without term limits, most of the current Common Council has not lived in Mequon for 25+ years, yet most do not want radical changes. The Common Council reflects the residents of the community.

Colleagues:

I strongly dislike yard signs. I wish that I never had to use them (but our system of elections makes them necessary). They are ugly and can be divisive.

But, when making public policy, regardless of our personal preferences, our first obligation as elected officials is to do no harm to the constitutional rights of our residents.

On August 10, the Common Council will consider an ordinance that revises our sign code with respect to yard signs. The proposed ordinance says that the owners of a home can display no more than four signs at any time, and no sign at a residence can be larger than 18” x 24”. Personally, I like the changes; however, there are more important principles involved than any of our personal views.

The courts have made it clear that a community cannot prohibit yard signs, limit the content of yard signs or limit the amount of time yard signs can be posted. The courts are clear that those sorts of prohibitions violate people’s First Amendment rights. The Supreme Court has stated that “signs are a form of expression protected by the Free Speech Clause.” A community can prohibit signs from blocking the views of cars and pedestrians or creating other safety hazards. A community can prohibit signs on public property (Mequon does). Although not quite as clear, it appears a community can restrict the size of signs.

It is not clear that the courts will uphold a restriction on the number of signs a person can post. Based on the reasoning of the existing decisions, I do not think a limit of four is permissible (admittedly, the City Attorney disagrees). If the ordinance is adopted, Mequon could be sued, and I think there is a reasonable likelihood that Mequon would lose and be liable for restricting the constitutional rights of its residents.

In November 2020, there were eight offices on the ballot (president, congress, state senate, state assembly, district attorney, county treasurer, county clerk and register of deeds). There could have been more. For example, one nearby community had a referendum question on the ballot, and some years there are other offices. Also, there were many issues in 2020 that had residents very concerned.

Is it right that government tells a very interested resident that he or she cannot post a sign for every candidate and issue that he or she supports?

And what about homes where, for example, a husband supports one group of candidates and a wife supports another? I have seen many instances when a home has signs for both candidates for the same office. Should government impose restrictions that require residents of the same home to wrestle over which candidates’ signs can be posted?

Advocates for the restriction glibly suggest that homeowners can put more than one candidate on each sign; therefore, their rights are not restricted. That would require homemade signs, or residents would have to incur the cost of having decent signs made. That is totally unrealistic. It is not how people do yard signs. The print might become so small as to be illegible. If so, government rules requiring that might also be unconstitutional. Plus, a bunch of homemade signs would likely be even more unsightly.

Most people will not junk up their yards with a dozen yard signs. Some will. I do not believe we have the right to tell them they cannot. We hope they will not, and we hope candidates have enough respect for our community that they will not overdo their signs.

Again, I do not like yard signs. But democracy is not always pretty.

To paraphrase Justice Brandeis, imposing restrictions on speech we do not like is not the solution; instead, the solution is to have fewer restrictions so everyone can express themselves. And as the Supreme Court said, while striking down a residential sign ordinance in 1994:

“A special respect for individual liberty in the home has long been part of our culture and our law; that principle has special resonance when the government seeks to constrain a person’s ability to speak there.”

I strongly urge you to consider offering an amendment on August 10 to remove the four-sign limit from the proposed ordinance. I believe the proposed restrictions would violate the oath we each took to “support the constitution of the United States.”

I also am requesting that residents contact you to let you know what they think.

John

I have received many calls and emails about the signature gathering in front of the library and the pool. Some people are unhappy that any political activity is allowed. Others are unhappy that the canvassers have been required to remove signs and banners.

The City of Mequon takes no position regarding any candidate or petition process. Rather, it only fairly and impartially applies the law.

People have the right to collect signatures or pass out literature on public property. Those are free speech and gathering rights guarantied under the Constution. The City has no ordinance prohibiting those activities and, according to the courts, if it did, it would be unenforcable.

People also have the right to sit at tables and chairs on public property (assuming they do not obstruct walkways or pose other safety concerns). Mequon could enact an ordinance prohibiting people from bringing chairs and tables into the parks or onto other public property. But Mequon has no ordinance like that. If it did, the ordinance would need to prohibit anyone from bringing a table or chairs (including, for example, a lawn chair for sunbathing or watching kids). An ordinance like that cannot just be directed at political activities.

Mequon has ordinances, however, that prohibit posting signs and banners on public property, either on or into the ground or attached to any item. Those ordinances are enforceable because they are not directed at political activities. The City enforces them in this instance because it would enforce them under any other circumstance.

The sign prohibitions, however, do not apply to signs carried by people. People may carry protest or advocacy signs.

The City and Police Department have been consistent in enforcing these standards. The City and Police Department acknowledge the right of people to collect signatures, sit at tables and chairs and carry signs. The City and Police Department have not, however, otherwise allowed signs or banners in the parks or in road rights-of-way.

The City and Police Department are applying the same rules for the current situation as they did for the Walker recall and the Evers recall.

The state mask mandate is over. What does that mean for Mequon?

Businesses and Institutions

Businesses, houses of worship and other private buildings have an absolute right to require masks. People who refuse to wear one one despite signs requiring them or requests by management to do so are trespassing and, if they otherwise resist, are committing disorderly conduct. The Mequon Police Department will support the management of these private places and, if called by management, arrest trespassers and people who act disorderly.

City Buildings and City Employees

Masks will continue to be required at City Hall and the Public Safety Building (I assume the library also, but that is separately managed). City employees will continue to wear masks when entering other buildings or approaching the public. This will continue at least until city employees and the majority of the community have had a chance to be immunized. I assume that point will occur in May or June.

What about a Local Mask Mandate?

I will not be proposing or proclaiming one. The Common Council could, but I doubt that will happen.

I always wear a mask when I enter a building (even though I hate wearing them). I believe people should continue to do so until more people have been vaccinated. It is the responsible thing to do. I also believe businesses, houses of worship and other places should continue to require masks. I trust most are responsible and will do so.

Back in July, when the mask mandate was first imposed, there was no vaccine on the horizon, and it was certain that infections, hospitalizations and deaths would increase as the fall and winter approached. That happened.

However, regardless of what you think about that mask mandate, there is no doubt that things have changed.

Today, about 32% of the state has already had at least one shot (I expect our local rate is much higher), our most vulnerable populations have had time to get vaccinated, the early difficulties in getting a vaccine have passed, there have unofficially been opportunities for others to be vaccinated and, as of tomorrow, anyone is officially eligible to be vaccinated. There is no pressure in our local hospitals, and there have been few deaths since the beginning of the year in our county. With roughly a third of the adult population having been vaccinated, and another 10% (577,195) having been confirmed as having had the virus (and likely twice that many, or more, actually having had it), the chance of contracting the virus has decreased. Also, we are going into the outdoor months of the year.

Government should not pass rules because people could act irresponsibly. Laws are usually only passed when people have acted irresponsibly and the public good demands it.

To date, most people in Mequon have acted responsibly, and it is not because of a mandate. The police were not looking for violators. There have been no arrests or prosecutions.

Plus, people are now better able to protect themselves. Government should not pass rules to protect people from their own poor decisions.

Could this change?

I hope not. If people do the right thing, there will be no reason to consider it.

So, is it time to go back to normal?

No, definitely not. However, I have confidence that most of our community will continue to act responsibly. People can keep themselves and their families reasonably safe if they take proper precautions and act responsibly.

People should continue to social distance, use good hygiene and wear masks.

In my opinion, businesses, houses of worship and other institutions should continue doing what they have been doing. They do not need a mandate to do so.

If some business or place stops requiring masks, people can exercise their most powerful tool. They can leave and politely let management know why.

People should get the vaccine. The preponderance of the data is clear that the vaccines are safe. If people do not get the vaccine, the consequences will be on them.

The time for going back to normal, or near normal, is near, perhaps weeks or only a month or so away, but we are not there yet.

Beginning Wednesday, March 31, Midland Health, a local vaccination company, will be holding a dozen COVID-19 vaccination clinics at Mequon City Hall from 7:00 a.m. – 5:00 p.m. on specific days throughout the month of April. Although the City is unable to directly distribute vaccines, we found this unique opportunity to partner with an authorized distributor.

You can find more information here:

https://www.ci.mequon.wi.us/community/page/city-mequon-host-twelve-covid-19-vaccination-clinics

I inadvertently posted that the proposed building will be 39,500 square feet. That is inaccurate. The proposal is for 29,500 square feet. I apologize for the error, although it does not change the analysis, just the magnitude by which the building is oversized.

On Tuesday, the Common Council will consider rezoning the northwest corner of Highland and Port Washington Roads for a 29,500 square foot medical office building on about 3.9 acres. I voted against this proposal at the Planning Commission. I do not support this rezoning as proposed. I write to make clear why.

I welcome medical office buildings within our commercial areas. If Ascension had proposed this building south of Highland Road or in the Town Center, I would be a proponent. I hope that, if the proposal is rejected, Ascension will move the proposed clinic to one of the vacant parcels that is designed to accomodate it.

My position is consistent with statements I made when running for office, at the Council consultation, at the subcommittee, at Planning Commission, to neighbors and to the developer. I do not like unpredictability. I do not think it is fair to developers, users or the public. Unpredictability, more than almost anything else, hurts a community’s reputation. We should be clear and consistent.

It is true that the Planning Commission Policy Subcommittee, which I chair, supports Neighborhood Commercial for this corner. Although I would personally be happy if the entire parcel remained residential, I have been supportive of Neighborhood Commercial for a small development on the corner. It would shield the residential development much as the Highland House does. My support for some neighborhood use on that corner dates back to discussions almost a decade ago.

According to Sec. 58-293 (the existing Neighborhood Commercial ordinance), Neighborhood Commercial is supposed to be “office, retail and services designed to serve immediate residential neighborhoods.” Similarly, the proposed Neighborhood Commercial zoning district for North Port Washington Road, as drafted by staff, states that the district is to provide “office and services … providing neighborhood scale services for nearby residential neighborhoods.”

The proposed medical office building is truly unnecessary for the immediate or nearby residential neighborhoods. It is being built to draw people from all of Mequon and nearby communities. That alone, however, would not necessarily lose my support.

My support for rezoning this corner to Neighborhood Commercial has, however, always been conditioned on the size of the parcel being comparable to the size of the commercial properties across the street. One of those parcels is 2.27 acres. The other is 3.01 acres. The proposal before the Council is almost another acre larger. If it was the same size as the Highland House property, there would business property across from business property; instead, it will also be across from residential properties. Nevertheless, even that might not necessarily lose my support.

The size of the building, however, is a bigger issue. The existing Neighborhood Commercial zoning district limits uses by right to 20,000 square feet. The proposed building is basically 50% larger. It would put another big building in a residential neighborhood. Although exceeding 20,000 square feet is possible with a PUD rezoning, it is not allowed as a matter of right for a reason. A building larger than 20,000 square feet should be the exception rather than the rule. This will be a very large building. A larger building might be appropriate if it is absolutely necessary for a particular use and the use meets some particular objective. Although the proposed building looks very nice, and I would support it and its size in an area designed for general office use, I cannot imagine a compelling city objective that this proposal fulfills in this location. If it deserves the larger size, what proposal would not? The size clearly indicates that the building is designed to draw medical professionals and customers from well beyond “nearby immediate residential neighborhoods.”

I pledged when I ran for this position to do what I can to invigorate Mequon’s existing commercial areas. Adding large scale commercial uses to other areas does not do that. There is a limit to how much commercial development a city with our population can absorb, and Mequon has limited population growth. This building will draw medical tenants away from our existing medical office spaces in areas designed for offices. Adding large scale commercial in one area most likely reduces the demand in others (in addition to changing the nature of this neighborhood).

Then there is the rest of the parcel. I have been very clear that I will not support rezoning the rest to anything other than residential. It is the last significant sewered single-family site on the east side of Mequon. It is the best single-family parcel left in the city. If the developer wanted to gain my support, it would have had the PUD apply to the whole parcel and made it clear that the rest will be single-family. They did not do that, and they have done nothing else to indicate that they plan to have the rest remain single-family. I can only assume that, after this rezoning, they will return with some or all of the high intensity uses they previously showed the Council. They might even use this clinic as an argument that the rest of the parcel should not be single-family.

I note that, under Mequon’s ordinances, the purpose of PUD zoning is to create a development that has “coordinated area site planning, diversified location of structures and/or mixing of compatible uses.” Admittedly, a single building is not precluded, but using it for a single building when most of the parcel is not covered is questionable.

I likely would have supported a 15,000 to 20,000 square foot building on this site with a concurrent commitment to develop the rest as single-family. I would have compromised on lot size and use. I might even have compromised on building size if, for example, it was two-stories and designed to be vertically and architecturally unobtrusive. However, with the lot size and building size, and no approved plan or commitment for the rest of the parcel, I cannot support this proposal. There is too much compromise.

Our country has suffered a tremendous loss of life, and many workers and business owners have been hurt. On at least those two points, both Trump and Biden agree.
 
As a result, we are bombarded with arguments about fault and orders and policies. These arguments make for tasty political fodder. Meanwhile, people die, businesses are destroyed and our economy stagnates.
 
Rather than arguing against or for blanket orders – I will leave that to those whose job it is to make those arguments – I implore everyone to exercise personal responsibility.
 
Those who defend orders need to remember they mean nothing without voluntary compliance. There are not enough cops and bureaucrats. Conversely, by not wearing masks and social distancing, opponents of orders provide ammunition, as the virus spreads, to those who advocate for them.
 
Our community has been relatively fortunate. Despite the virus raging across Wisconsin, we have had relatively few deaths, our hospitals have capacity and our infection rate is lower than many places in the state.
 
I have heard many explanations as to why we are doing better than other communities. I am convinced that our residents have done a better job of mask-wearing and social distancing. I have personally seen communities where nobody wears masks. At first they were fine, but most or all now have problems.

We need to keep it up and strive to improve.

It is not cowardice or a threat to liberty to take precautions that might help others.
 
Like many of you, I recoil from rules. I do not believe that it is government’s job to protect me from myself. However, I do not look at the CDC recommendations as rules. I do not follow them because they are required, to virtue signal or primarily to protect myself. Instead, I see them as considerate precautions voluntarily followed by polite, responsible, conservative people who care about others and the Golden Rule. They are the right thing to do.

• Wear a mask when you are indoors outside of your home.
• When possible, rather than meeting in-person, reach out virtually to socialize or to conduct business.
• If an in-person meeting is necessary, wear a mask.
• Keep your in-person social group small.
• Stay out of crowds. Do not plan large in-person events.
• Keep your distance when you are with people other than your family.

Although annoying, these are modest efforts. Most of the best medical minds assure us that these efforts will slow the spread. If they prove to be wrong, and that is possible, we have only been inconvenienced. However, if they are effective and we ignore them, we spread the disease and hasten the deaths, sickness and perhaps long-term chronic illnesses of even more people.

“Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.  He therefore is the truest friend of the liberty of his country who tries most to promote its virtue.” – Samuel Adams

“It is substantially true that virtue and morality is a necessary spring of popular government.” – George Washington

“To suppose that any form of government will secure liberty or happiness without any virtue in the people, is a chimerical idea.”– James Madison