Run for village office and sue the village?

3/1/2015

How does one run as a candidate for Richfield Village Trustee and at the same time want to sue the village? Is the village an independent company generating income?

Who funds the expenses of local government? Who funds the cost of legal services when the village is involved in a legal matter?

How does the village obtain funding? One funding source for the village is through taxes paid by those who own property in the village. And some of the same people who vote.

It is impossible to separate the Village from village residents.

As noted in a recent Daily News article, Tom and Danah Zoulek, of Richfield, have hired attorneys for possible legal action against the village regarding one of the quarry pits on Scenic Road.

Danah is a candidate for village trustee in the 2015 Spring election.

At the February Village board meeting the village board voted to amend several sections of the village's Comprehensive Plan relating to quarry redevelopment. They also voted to petition the Plan Commission to amend several parcels on the Comprehensive Land Use map to residential.

These changes will impact property the Zouleks would like to purchase. They are hoping to have fill dumped there to reduce the slope of the sides of the pit.

Many residents who abut or are near the pit spoke at the meeting in hopes of not having to live for years with 13 or more trucks per hour driving to and from the pit.

How does someone who wants to be an elected village official sue the village regarding a personal issue, with village residents paying the legal tab to represent the village and still say they will work on behalf of the residents?

What is missing here? What seems strange about this picture?

53 Comments

danah link

3/7/2015 03:18:43 am

The kind of person who sees a need for new people on the board who are capable of enforcing and understanding their own zoning ordinances and serves the community with common sense, honesty, and integrity. What kind of Village petitions itself to rezone a private property without a formal plan being submitted?

Let me make this piercingly clear, the Village has put themselves in this legal position, no one else. We made an offer to purchase under proper zoning, have an accepted offer, and were even told it was allowable under the zoning. The Village has yet to show us where in their ordinances what we plan to do is against their zoning.

In fact, in a phone conversation back in January you, Diane, even told me you couldn't understand how the Village could object to restoring the Scenic Pit because when you were VIllage Board President the board supported the redevelopment of the Jacklin pit and that was a positive change in the community. I guess it all comes down to who's patting who's back.

Your blogs about me continue to show how shallow your understanding of this subject this is. I welcome you to meet with me so you can hear the whole story because I think we both know what might be missing, and I'm not the one with dirt in my face.

Chris Kahn

3/11/2015 04:18:21 am

I have attended 2 Village meetings regarding the pit: the first where you said "no lawyer, we want to work with you" and the second where you brought your lawyer who said" we don't need your approval, we'll go over your head" to the Board.

The room was packed with opposition to your greedy proposal which would see potentially 100+ dump trucks, per day, tearing up our newly paved roads, littering the roads with dirt and stones, polluting the air, and very possibly our water, damaging our cars, subjecting us to the blaring back-up sirens of countless trucks per day and putting our safety at risk.

I also saw your propaganda video about wanted to turn the "dangerous" pit into a beautiful meadow for your horses to run in. Do you really think we are that stupid? How many "accidents" have there been at the pit? I have lived here for 23 years and don't recall a single one. If you wanted a place for your horses, you wouldn't buy a pit that will take several years to fill and antagonize scores of residents who would be adversely affected by your selfish decision.

Vote for you to represent us on the Board? Hell No!

Mark Minsky

3/11/2015 04:32:19 am

I would like to understand how you think this will enhance the quality of life in Richfield and also maintain my property value. If you were an elected village official, your duty is to represent the best interests of the residents, not your personal agenda. Obviously you are trying to find any way to personally benefit from this. Please respond and let us know who this makes our lives better. I suspect you do not have answer for this which makes this proposal completely wrong.

Mark Minsky

3/11/2015 06:44:52 am

I just read your comments again and was struck by your quote "serves the community with common sense, honesty, and integrity." I am interested to understand how your proposal serves the community with integrity. I would appreciate your "honest" response.

Danah

3/11/2015 10:11:17 am

First of all, please understand it is extremely hard to respond to people when they are angry. People are angry, I would be angry too if I was told the information you were given as well. There is a LOT of information that we have wanted to share regarding our plans but have had our hands tied because of politics. We have never submitted a formal proposal yet once we met with the Village to discuss options and how we could compromise they shut down all forms of communication and had meetings and discussions about it in closed sessions.

Ultimately, the State of Wisconsin wants all abandoned mines and excavations restored. My attempts at showing everyone the benefits of restoration were read as propaganda and BS. Honestly, the Village had every opportunity to squelch any fears in the community as they did in 2005 when they proposed restoring the Jacklin Pit. Diane Pederson was the Town Chair at the time and a representative from Payne and Dolan presented to the village the benefits of restoration and how once the pit would be restored the community wouldn't have to worry about fighting over the issue over and over again with developers.

I didn't run for trustee because I wanted a pit. I ran because I was in disbelief at the lies that were being spread about our intentions. Obviously, I would never be able to vote on issues regarding the Scenic Pit. I can, however, make sure that when a resident comes forward with an issue that all of the facts are presented to the community without political bias and skewed details.

This has nothing to do with roads, groundwater, or noise. I agree with it being about money, it's just not lining the pockets of the good 'ol boys this time.

I started this business with benefits I earned through my service in the military. I spent a year of my life in Iraq, part of it in downtown Ramadi in 2005. I was with the Army Corps of Engineers and spent my days in a war zone moving dirt and supplies and equipment. I will never apologize for starting a business to better my family, and I will certainly NEVER claim to be a part of putting ANYONE'S family at risk. I do believe in Integrity, Honesty, Respect, Selfless Service, and more. I believe in protecting my community, but I also believe in property rights and individual freedoms to pursue an economical interest that would enhance everyone involved.

The WI DNR code Chapter 135 specifically lays out the scientific reasons abandoned mines are a problem in communities. They continue to erode, grow invasive species, lower property values and restrict land use.

We are VERY conscious of potential dangers and have taken measures to ensure that the community will be safe. This is non negotiable.

The Village originally supported us with our plans of restoration. We have been talking to the Village since September of 2014 about our plans that followed their Comprehensive Plan. It wasn't until October that we learned that instead of working with us on a plan we could all agree on the Village started their campaign of fear to create enemies of us within the community. We came to the meeting in February simply to say we wanted to work with the Village but the Village made it clear there is no working "with" us. This property is private property and we have the right to find ways to make it viable and usable again. We are exercising our rights with a lawyer because the Village was unwilling to work with us.

Many people do not know that we have arrangements to access our site using no public roads..... NONE (accept to cross 50 feet). Many people do not know that we have limited hours of operations, strict rules about noise, that ALL dirt being moved is tracked and recorded and signed off on. We are working with the best engineers, scientists, and hard working men and women in our area! We are not uneducated people looking to make a buck off of the health of the community. It just doesn't make any sense. We truly planned on having our home and horses there, we truly believe that it will be a great improvement in the community. Above all, we know that safety is the number one issue. It is unfortunate that the village has never shared our alternative plans with the community and instead people within the community paraded around the neighborhoods practically threatening anyone who stood in the way of making our plans better.

Bottom line, it is not community property, the community's interests and safety are always of utmost concern and only time will show the community our intentions are pure.

Paul Kelly

3/11/2015 12:31:09 am

Indeed you are the only ones with dirt on your face. There is absolutely no good intentions on your part regarding this pit. You have only one intent. MONEY, Period. You have tried to create a problem that does not, and never did exist, so you can pretend to solve it. Never been a safety issue, never been an eye sore.

There is only downside to everyone except you. Compromising water quality, compromising roads, compromising safety and noise and dust and on and on. This list could go on forever of the negatives to Richfield. The only thing on the other side of this equation is you making a boat load of money. Please stop insulting everyone in the community that it is anything other than just that.

Danah link

3/11/2015 08:30:09 am

If you would be open to our ideas I think you would find the reasons you oppose us aren't reality. We can only share buys and pieces because of people being afraid to get involved. We have an awesome plan that I know everyone involved will find favor with and when that plan can FINALLY be shared my hope is you'll understand we are not as you portray us.

paul kelly

3/11/2015 09:34:57 am

I am once again amazed at your absolute conviction that we are all a bunch of idiots. Your plan involves you hauling trucks down our roads, filling in the pit with God knows what for a decade. We get to listen to trucks backing up and beeping all Summer in our back yards. You were at the meeting when the Water expert said this would almost certainly compromise our water. What am I missing on your "Awesome plan". Tell me anything that I have stated here that is not true.

Mike Miller

5/20/2016 06:52:43 am

Really. We would all LOVE the plan IF you could show it to us? Just trust me...... Where do I donate my time and money to fight this BS?

Danah

3/11/2015 10:34:01 am

Paul,

I do not believe you are all a bunch of idiots. I believe that you do not have all of the facts. Our plan actually does not have us using any public roads but we have not publicly mentioned it out of respect for other people involved. However, the plans aren't 100% secure and we didn't want to misrepresent ourselves. The only thing to do now is follow through with our plans, knowing the concerns of the community are being addressed, and trusting that you will understand. I really wish we could divulge every single detail but again, people involved have asked for us to not involve them until we have the green light. As far as noise, the entire property is surrounded by a treeline and I guaranty you no operator would want to sit and listen to beeping all day either. Also, hours of operation are limited. As far as the water expert is concerned, that is not at all what he said. He said that clean fill is better than no fill, but that one can ever be 100% sure it's clean, but that it only matters if you put a well on the fill that might be contaminated, and even then it would only affect the homes on the fill. We are not putting homes on the fill, we are not putting wells or septic on the fill. Did you notice the water expert talking with us after the first meeting? It was because he realized that his opinion had been misrepresented. He was NOT the one to say the water would surely be contaminated, that was how the board twisted and interpreted his words.

Tom Claas

3/11/2015 10:59:25 am

Let me start by commenting on Danah's first reply. A person of honesty and integrity as you claim to be, would have come out and admitted that your reason for wanting to fill the pit was purely monetary and not to see your horses running in a pasture or for your made up safety reasons. I have lived here for over 20 years but can't seem to remember any accidents in the old pit. I may not hold a degree nor am I a civil engineer but I do have a pretty good BS detector. If it wasn't for the millions you plan on making you would have walked away and found a new pasture for your horses to run in.(7-10 years is an awful long time to wait for such enjoyment) After the public outcry at the first meeting your husband stood back up and stated on record that his intent was to only bring in 50,000 truckloads of fill. This equates to 1,000,000 cubic yards. My understanding is the pit is roughly 80ft deep. With that being said 1,000,000 yards will only fill it about 25-30 feet from the existing bottom. So if 50,000 truckloads was his "honest" intent wouldn't that still leave a 50 foot deep "dangerous" hole in the ground for your horses to play in?

Are you sure your reasons for running for office are for the good of Richfield or are they for the good of the Zoulek's? It appears to be the latter. You have hundreds of families against your proposed money making scheme but you continue to fight for what you consider to be your rights. What about the rights of all the families that will be affected by your greedy self centered plans. Why do you feel that it's up to you to save us from the pit. We lived here before you moved here and plan on living here after you move on.

The Jacklin pit you refer to was redeveloped but not filled in as you suggest. Fill may have been brought in but it was mostly topping after regrading was completed to shape the sides and to plant grass on. It also mined mainly out of a hillside and is not even a close comparison to the Scenic pit.

I know that since I'm shallow and not a civil engineer (the only thing shallow is our water table under the pit that we don't want polluted by you) I couldn't possibly understand your reasons for wanting to fill the pit (other than $.$$$.$$$s). I as well as my neighbors would love to schedule you stopping at my house so we can discuss everything we supposedly don't understand about your plan.

Erin Kaiser

3/11/2015 11:59:30 am

To start off, I am in awe of the disrespect and immaturity coming from grown adults. I feel as if people actually heard both sides of stories/rumors and actually took the time to try to understand, you wouldn't all be so against it, but instead time is wasted in a manner to not only question someones integrity and honestly, but also attack with such rude and disgusting comments.... To reply to some of your responses, lets start off with the dangers. I grew up on a property bordering the pit.. I cannot tell you how many of the children that grew up in the neighborhoods behind have been in the pit messing around, trespassing on OUR property to get to it. In fact, I have MULTIPLE videos of kids snowboarding off the "cliffs" on the east side pit (you can't tell me that's not dangerous), as well as have watched kids four-wheel, dirt-bike and only God knows what else in the pits.... I attended the second & most recent public hearing and I am appalled at the rude snarky comments coming from "grown men". What made me most upset was the person who disrespected the Holz family... You have NO sense of respect to bring up a man who is no longer living, and talk bad about his children for doing something to better their land and future, which I KNOW Lester would want them to do. Again, maybe if anyone took the time to actually have a conversation and not make assumptions you would know the same........ As far as your soon to be changed "lifestyle"... how do you think most of your homes were built.... with no dump trucks I'm sure... right...? The Holz family along with many others had to deal with the "dangerous" dump trucks while your homes were being built...... I look forward to the a$$hole comments back to me, which will again prove maturity levels and sense of respect.

Tom Claas

3/11/2015 01:12:30 pm

Erin i find it remarkable that someone who's family moved away just before this dump was proposed because you knew about it before us, is questioning our concerns. The people that paid good money for your parents house can't be to happy. with the proposed dump. So since you yourself have never owned or paid taxes in our village your comments are meaningless

Your comment about the construction of our subdivision in comparison to this dump shows your intelligence on the matter. First off we didn't have hundreds of trucks a day nor did it last the better part of a decade (thats 10 years just in case you were wondering) I guess your last comment shows your maturity. I don't remember using profanity in my response. I guess since Danah Zoulek took your senior pictures you feel the need to defend her actions.

Now to Ben. i see you conveniently left your last name off the posting. What relation are you to the Zoulek's? So since you are not a resident of Richfield kindly leave this to the people that pay taxes, live here and have a vested interest in our property values. (You can look up the meaning of vested at school tomorrow.)

Erin

3/12/2015 12:33:09 am

Tom, first of all, maybe you should stick to facts... my family knew nothing about this plan when selling our house... this came about AFTER we sold our home.... It was put on the market in December of 2013.... Thank you though. Also, what does paying taxes have anything to do with my comments...... Whether or not I pay taxes, etc. has nothing to do with the fact that I know the dangers and things that go on in the pit.... Also, commenting on my intelligence is a show of your character.. Another thing.... Danah did not take my senior pictures... so again, lets stick to facts before we comment.

Tom Claas

3/12/2015 03:39:47 am

Erin the plans only came public last fall but that doesn't mean that plans had not been shared before. I find it convenient that in your first reply you didn't find it necessary to tell people that you and your family moved out and no longer have have a so called "horse in this race", Thank you though for moving.

Now to the relevance of paying taxes in this matter. If you don't live here and pay taxes it doesn't affect you so your opinion just doesn't matter.Some of us work hard for what we have and don't rely on our parents to support us. So when someone comes in and tries to do something that WILL affect our lives and property values negatively for many year we are going to fight it. I would think that with your vast intelligence you could see the long term impact on peoples lives surrounding the pit and why we don't want it. It would be easier for you to see,but oh yeah you don't live here anymore. We do, any future impact has zero affect on you but a huge impact on us.

concerned

1/29/2016 02:55:53 pm

cant reply to your stupid comment. because I am not a a$$hole or immature as your are to say such a thing

Ben

3/11/2015 12:20:34 pm

I have been following this storyout of interest. I am not a resident of Richfield. I must say that reading this story angers me. The Village Board should be ashamed of themselves. Sounds like they are a good old boys club that belong in a homeowners association more than government. I would be looking to sue too if I were the owner of the quarry. This is an example of a group of small town wanna-be politicians that make an emotional decision and then allow their egos to blind them to their own poor choice.

paul kelly

3/11/2015 12:39:08 pm

Your right Ben, you don't live here. No cares how you feel about this issue. Erin, what I care is the people who will be affected by this. When at the meeting take notice of how many people support this. Tell me what Assumptions we have made that are not true. Ms. Zoulek could not dispute any "assumptions" we have made.

Mark Minsky

3/12/2015 12:20:20 am

I still have not received a response on how this will enhance the quality of life in Richfield and also maintain my property value. Danah, can you respond to this? Will you sign a legal guarantee for me that my property values will not go down? And if they do, you will pay me the difference? This only seems to be fair considering the significant amount of money you will be making on this.

Erin

3/12/2015 12:25:52 am

Paul, I do see that a lot of you are concerned for those surrounding the pit, but it is astonishing the way that people come about sharing their concerns.... As far as those concerns go, as stated above an easement could be used which would mean the "problem" of the dump trucks using the roads would be no longer... As far as noise goes, there is deeply wooded acreage in between the pit and homes surrounding, and when the trucks are in the 70 foot deep hole, the noise most likely will be minimum even if you are standing next to the pit. I guess the way I look at it is that I understand concerns, but they could have been talked &/or solved in a better manner, rather than bashing and slandering a family. Another thought I have is did you not expect anything to ever happen with the pit(s) when you bought/built your house next to them... I guess maybe that was a fault of the developers of the subdivisions and real estate agents selling them.

danah

3/12/2015 12:48:51 am

Mark,

I understand change is hard but once the project is complete the area will be restored to how it once was. Homes were built around the pit but with a green buffer zone included with the development creating quite a gap and separation. This will aid in sound suppression and greatly reduce even a line of sight during construction.

With access to the easement that relieves traffic and any dangers of trucks on municipal roads. We have an opportunity to possibly gain access to the pit from HWY Q, cross Willow Creek once and cross Scenic Rd once. There are a lot of factors that go into this possibility. We are happy to share EVERY detail with everyone. Maybe an open discussion is all we need. Believe me when I say the village is NOT sharing information or intentions fairly. They have exaggerated and misrepresented us. It's been a very hard time for our family.

Also, I want everyone to know that you keep talking about us being new to the area. I am not new to the area. My Grandpa went to Amy Belle Elementary in the 30s and 40s, my Mom went to Richfield Elementary and lived in Richfield when I was born in 1980. I lived in Richfield off and on until I was 7 and moved back 12 years ago.

Every person that owns a home takes risks when purchasing their homes, I believe with all of my heart that our improvements will enhance all of the surrounding properties. I am happy to forward the appraisal results that say grading of the pit would be the only way to increase the value of the property and that the pit, by real estate standards, is unappealing and not valuable. The appraiser was a third party appraiser acquired by the SBA.

One more thing, I'm sorry that this has created such anger and hatred in the community towards our family. I wish I could have prevented the misunderstandings but it's hard when you have people rapidly shooting from the hip.

As far as signing a legal document that I will pay for the difference if your property value goes down. Will you be willing to give us the difference if your property value goes up? Probably not right?

Mark Minsky

3/12/2015 03:36:16 am

Donna, thank you for your response. As I'm sure you can appreciate, this is a very emotional topic. The concern is not so much what it will look like when completed, but what will occur over the next 10 years. If someone wants to or needs to sell there home in the next 5-10 years, the property value will be depressed. No one wants to purchase a home next to a pit with that level of truck traffic and a concern regarding the water quality. I would be more than willing to sign a legal document giving you the difference if the value goes up if you protect me on the downside. Is this something your lawyer can draft? This is not an issue of improving the value of the pit, it is an issue of existing homes. Also, no one will want to build a home on a pit that has 30-40 feet of fill. In regards to traffic, 250 trucks per day back and forth across two roads is significant. Also, they will need to enter from HWY Q which is already heavily travelled. Have you also reviewed this with homeowners along HWY Q and other major roads where the trucks will be traveling. I look forward to your further response. I would also appreciate the opportunity to discuss this with you in person.

danah

3/12/2015 03:58:54 am

We understand that the development process will provide some inconveniences but I do want to make mention that this has been zoned as M5 Mineral Extraction Mine Restoration for a long time. Your homes were built next to a mine, any other representation would have been false on behalf of the builders and/or real estate agents. The property owners have a right to restore their land. They have tried to sell their land for years and we are the first ones to take on the red tape. As far as HWY Q, that is a county road that is already heavily traveled. HWY 175 has arguably even more truck traffic than HWY Q and believe me, our operation will be a fraction of the time from what that operation is. Here's the thing, there are reasons for working hours, dust control, traffic pattern plans, etc.

If you would like to meet to discuss we are happy to, your neighbors are welcome as well. Let us know a place that would be appropriate to meet.

Mike Miller

6/20/2016 11:00:25 am

Where are the details of where this "easement" will run? I live between hyQ and Willow Creek. Is Colgate road the intended route? Is this more of the wonderful plans that would make us all happy if only you could share them? Please provide the specific legal reasons you are unable to share the details. Otherwise dont expect me to listen to your or any of your supporters BS.

Danah

3/12/2015 04:20:56 am

Well this is probably the most attention this blog is ever received. I am not going to be posting any further on this blog if you would like to speak with us regarding any questions you may have please feel free to contactus at itsDanah@gmail.com

Jennifer Teeters

3/12/2015 04:30:38 am

With change comes conflict.
A community comes together even after distal relocations. Every voice does count, angry or proposed temporal precedence (direction) is found in hearing everyone's voice. If we can leave the snarky comments out and hear others out, we can socialize as previous historical cultures did as a perception to the concrete findings.
What needs to be said about the filling is much like a cavity. The purpose to cover something up - if they are using this so fill the bag of bones from the amazing childhood memories that are going to be covered, please wipe my tears because a little dirt never hurt nobody. Colgate has a historical land mark showing interesting nodes like Fond Du Lac ave. cutting directly to the city as well as up the port for timber transportation. Ignorant folks who I will gladly inform transitioned from skilled craftsmanship to industrialized moving as Danah appears to lack in training. Has it ever struck you that what we are doing is cowardly? Running away from problems, think of an innovative way to gain exports, revenue, reputation, for the town of Richfield.
Secondly, what is constrained? Please, educate us. From a personal standpoint, neighbors, peers, and "authority" figures are striking with fear. Why? lack of knowledge for incomplete understanding. What has been left out of this manor is the main IMPORTANCE. Health. The second wave of immigrants had the opportunity to move out of the cities where carbon emissions were high. By investing time, because everything heals with time, we citizens to the area have invested our "Blue collar jobs" earnings into. Being so minute in a tiny town of Richfield makes our voices appear even quieter. So, the facilitator that you are, I would expect you to stop further actions until our side is solved. In the past three years, four plus neighbors have been diagnosed with a cancer of some sort. Having well water was the best thing ever growing up, so I thought. Can there be clear, concise ground water tested and revealed. If any error occurs I advise to solve one problem before starting the next.
If this were to go through, I advise everyone to look into particulate matter. With particles so small entering cells (regardless of life), this world is detrimentally going to suffocate, just as planned in the valley.
Totally off topic though...
During summer hours there was a lack of communication with the spread of Montasano's Glyphosate on the surrounding farm fields. Which leads to a whole new topic - do you really know the area? Would you want your horses to snuff that stuff up? Children? The respect life should be valued way beyond expansion. Just because majority are doing it, does it mean it is right?
Want revenue and a community gathering, have a farmers market. bring community members together not against each other through selfish differences.
Having that said I would like to continue to address my firm answer, this node will not be filled in due to the risks that we are committed to expand further knowledge into.
Lets start with humble beginnings, "never sacrifice quality for the sake of profits" -Words of Enlightenment

danah

3/12/2015 06:06:49 am

Ok, now I'm done responding. Also here is the email to contact us one more time:

itsdanah@gmail.com

danah

3/12/2015 06:05:50 am

I will respond to your comments as you put a lot of thought into them and I would like the opportunity to respond. The main point of any operation, grading, construction, road, etc is safety and health. Our site has already had a Phase I Environmental study and the well has been tested thoroughly. It is important for people to understand what clean fill is. Also, we are NOT putting homes on the fill. The point you make about contaminants being in the air as well is considerably well pointed as we cannot escape all contaminants in our environment unfortunately, especially if we don't know about them. Clean fill, however, is designated clean because it meets very specific criteria set forth by the DNR. Environmentalists are extremely supportive of reclamation and restoration of abandoned quarries. Remember there is no topsoil for vegetation or habitat and the natural layers of the earth have been scraped away leaving no filtering system before entering the ground water.

As you mentioned in your post, industry and immigration have indeed contributed to our current environment in Richfield. However, this area was scarred and stripped and mined to promote industry in the more densely populated areas and the companies that walked away without following through on their reclamation plans paved the way for others to patch their scars. Innovation comes in many different faces.

The quote you offered at the end was interesting in that the gravel company made their profits without restoration as promised to the Holz family. Because they defaulted on their obligation and the Town did not enforce it we are left with a scar, invaluable property, and land owners who cannot sell their property until reclamation occurs. I can pass on the third party appraisal to anyone interested in seeing it.

Most of all, the important thing to remember is this is private property and not public property.

mark minsky

3/17/2015 05:59:10 am

Donna, I would like you to confirm something for me. I spoke to several individuals at the village and WI DNR. I was told that you filed to obtain a waste and hazardous waste dumping permit for the site. Is this true? Also, will you be providing me the legal document to protect my property value. I would like to provide to my attorney for review. Lastly, because it is a "private" property, this does not mean you can do whatever you like. The citizens of Richfield should be your number one priority, not personal profit. Is this how your husband runs his business?

Shelly

3/21/2015 08:22:13 am

The quarry is not a stark stone pit that some might imagine it to be. Rather, it is a natural habitat that has been reclaimed by nature. Mature trees, sumac, grasses and shrubs line the sloping sides all the way to ,and on, most of the bottom. Not unlike all the kettles in the Kettle Moraine. To fill this in would involve killing all the natural vegetation that has established itself there over the past 45 years. Ultimately, what we are talking about is destroying the habitat of all the natural flora and fauna that thrive there.

Drive out and see what a beautiful natural landscape this Kettle is. You can see it from the side of the road. You can see how mature the trees are and the vast amount of vegetation.

Bailey Knutson

3/25/2015 07:18:25 am

The scenic quarry backs up to the beautiful past parade of homes subdivision. Good luck current home owners trying to sell your house if it backs up to a QUARRY DUMP SITE. No one will want to live near trucks driving by multiple times a day.

Mark L

3/28/2015 05:30:55 am

Isn't the quarry reclamation a non-issue now that the Village of Richfield approved rezoning the property in question from M5 to Residential? Why doesn't the Village offer to purchase the property from the current owner and develop it as a Village park? Just a thought.

I do have to wonder about Ms. Zoulek's motivation in running for a Village trustee position given her recent conflict with the Village board over her proposed business venture. Loved the robo-call I received from her today about her running for a trustee position and asking for my vote...

I was at the most recent Village meeting where she spoke and I was not impressed with her failure to follow the rules of decorum established for all speakers.

As a retired USAFRES MSgt with 23 years of service I can appreciate her military service to this country, however, military service in and of itself has no bearing on one's abilities as they relate to a Village trustee position or the quarry reclamation issue. Quite frankly, as a veteran, I find it getting a little old.

David

3/30/2015 11:12:15 am

Allow me introduce myself I am a retired US Army First Sergeant. Ms. Zoulek's to be perfectly honest.
Although Ms. Zoulek's public speaking and parliamentary procedures might be in question, I can say with no doubt she has the best interest of the populist in mind. She was never known to be a selfish lady when serving under my command. I find it absolutely reprehensible that someone would state that being a combat veteran means little. I would suggest that any time spent in Ramadi Iraq would quantify and validate solid leadership potential and set a platform for the ability to make positive choices based on fact. Sounds like this issue has become a vicious personal attack on one of my former soldiers and I am utterly ashamed of the small mindedness in these attacks.

Brenda

3/30/2015 11:29:28 pm

Thankfully the residents of the village will be able to vote shortly and hopefully put this issue to rest. I for one do not desire to see my tax dollars/village budget go towards defending a lawsuit brought by the Zouleks.

Mark L

3/31/2015 04:11:14 am

David, first let me thank you for your service to our country.
Second, I re-read my post and did not find anywhere that I stated, "a combat veteran means little" and it saddens me that another veteran would twist my words in such a way simply to lend support to Ms. Zoulek's cause.

Village of Richfield residents are simply exercising their 1st amendment right to express how they feel the Zoulek's proposed business venture will impact residents quality of life and property values. I believe you took the same oath that I did (likely several times) to support and defend the Constitution of the United States, so I am surprised to hear you criticize residents for exercising their 1st amendment right.

Perhaps you never heard the saying, "I may not agree with what you say but I will defend to death your right to say it".

I value everyone's opinion and am willing to listen to all sides before making a decision. I trust Village residents will do the same when they cast their ballots next month.

David, thanks for dropping in, it was good hearing from you.

Danah

3/31/2015 05:22:28 am

Mark,

I am sharing a link for you to read from the Environmental Assessment used to create Chapter 135. Many of the issues that are of a concern are covered in this document. This was given to me by the DNR in the early stages of my research.

Please keep in min that the Village supported reclamation by including it in the 20 Year Comprehensive Plan last year and by giving us the paperwork needed to apply for reclamation.

I am not able to vote on any issues that have to do with the Scenic Pit as a trustee and I would not even if I could. I did not run for Trustee to help me get the pit. I ran because I do not agree with the current political climate and I am not one to sit back and wait for someone else to change things.

David (feels weird to say), in my opinion, said nothing about squelching freedom of speech. He was simply replying to your comment that military service has nothing to do with serving on the board.

I would also like to add that I served in the Army Corps of Engineers and spent the majority of my time in Iraq driving dump trucks and doing reconstruction. We are not operating a quarry, we are restoring a quarry. Now, we are simply making it a clean fill solid waste disposal site to complete the restoration.

If you have any questions please feel free to email itsdanah@gmail.com

Thank you.
https://word.office.live.com/wv/WordView.aspx?FBsrc=https%3A%2F%2Fwww.facebook.com%2Fattachments%2Ffile_preview.php%3Fid%3D986148468070340%26time%3D1427829073%26metadata&access_token=582196905%3AAVLAlcfyGF4k_Co9FaAQvAnEHdXeU8mKp-cOpXc_yNW3LA&title=Issues+than+can+occur+when+mines+are+abandoned-1.docx

Mark L

3/31/2015 01:23:20 pm

Danah,

Thank you for sharing the additional information, I'll give it a read.

I'll admit that the only reason that I attended the last Village board meeting was so that my daughter, a junior attending Slinger Highschool could complete here civics class project. I was fully expecting a short boring meeting and was a bit shocked by the standing room only crowd when arriving at 1920. That evening was my first time hearing about any of the issues involving the quarry and possible reclamation activity.

Quite frankly, living on the north side of the village, I was personally more concerned with the decreasing water table immediately to the south of Wissota Sand & Gravel in our subdivision bounded by Pioneer Rd on the north. That could turn into a real issue for Village residents in the affected area, however, that issue was glossed over fairly rapidly since it is doubtful the Village would move to take any action against Wissota Sand & Gravel. Perhaps no one on the board has looked at a recent arial view of the Wissota pit to see just how large an operation it is and it's current expansion northward.

Danah

4/1/2015 02:11:55 am

David,

I was not planning on attending that night as it was not a public hearing on the quarry, it was a vote. However, we were notified that the email we asked to be read into the record was not going to be shared with those attending. We decided I should attend in an effort to communicate with everyone who is concerned.

The fact is, we have asked the Village, on multiple occasions, to meet with us so we can share the details and facts with them. The only time they were willing to meet with us was in the beginning stages when we were researching the property. At that time we talked about hypothetical scenarios based on information we didn't have yet. Of course, they asked for numbers (trucks, fill, etc). We were apprehensive about sharing hypothetical numbers for fear they would be used against us because we understood those numbers were speculative at best. Unfortunately, their attorney, John Macy, has advised them not to speak with us which is frustrating because we have months of research to share with them now. Any information being passed on to residents is from the Village's perspective on the issue, which is not not an opinion shared by the County or the State. We believe the Village has perpetuated misinformation about our project to residents in an effort to sway the political climate in their favor.

In fact, Payne and Dolan redeveloped the Jacklin Pit on Hubertus Rd. where there is now a large. Contrary to what many people think, there was fill brought to that site. The initial plans had thousands of loads of aggregate and fill moving back and forth because they originally wanted to mine the site as well. I will post the meeting minutes from that development later today. Ultimately, the residents wanted the pit to be restored but not mined. As a result Payne and Dolan was offered additional lots.

Our Village President is the Controller for Zenith Tech, which is a sister company of Payne and Dolan. He recuses himself with all issues regarding Payne and Dolan road projects. We have asked that he recuse himself from our issue because Payne and Dolan has been heavily involved in mine restoration in the Village of Richfield. He did not believe it to be a conflict of interest. We disagree. A Payne and Dolan rep stated in 2005 that Payne and Dolan was here to "offer a long term solution to the gravel pit issues.........." (Meeting Minutes from August 4, 2005).

Ultimately, Payne and Dolan redeveloped the site and it was viewed as a positive impact on our community. At that time Diane Pedersen, the owner of this blog, was the Town Board Chairperson.

As you can imagine, dispelling rumors, and taking on Village Hall is not an easy task. I guess that's where the saying "you can't fight city hall" comes from. :)

We've been working with the DNR in regards to mine reclamation since October/November of last year. I was not made aware, nor the property owners of 609 Scenic Rd, that the Village was planning to change the zoning (M5 which included restoration) to residential. This has become a great burden for the property owners as their property does not have conforming land us with surrounding properties and they are retirement age so they have a desire to sell the property. They have been trying for over a decade to redevelop their land.

The DNR requested a meeting with us last week and we are currently anticipating a response from them. The DNR and myself and my husband share the concerns of the residents about traffic and the groundwater. Simply put, clean fill does not pose a threat to our groundwater especially since we have no plans of drilling wells on the fill site portion of the property. I have horses and that area will be open grazing pasture for them.

My apologies for the long response. I hope we'll have the opportunity to meet with everyone very soon. In the meantime I read positive quotes and try not to look left or right.

Thank you for your time!
~Danah Zoulek

Mark

4/1/2015 02:51:26 am

We should be focusing on the key issue which is someone wanting to significantly benefit personally at the expense of the citizens of Richfield. There are way too many risks and negative impact on the community to even consider this. Also, keep in mind that the property values around the quarry will decline. This will result in higher property taxes paid by the other residents. It is important for everyone to understand that this will impact ALL residents. I have asked Donna several times for a legal guarantee of my property value with no response. I can only assume based on this, that she agrees this will decrease my property value.

Danah

4/1/2015 03:23:47 am

I shared more info with you but somehow it disappeared so I'll sum it up this time. We met with the Village in the beginning stage of the project and were hesitant, but gave speculative numbers because they asked.

Since those initial meetings we have months of research we want to share but the Village Attorney, John Macy, has advised the board and Village Administrator not to speak with us.

Any information being shared by the Village is from the Village, NOT from the DNR or County. We have a letter from the County in response to our requests and are waiting to hear from the DNR via letter.

Payne and Dolan restored the Jacklin Pit on Hubertus and that was considered a positive change in the community. Our village President works for Zenith Tech, a sister Company of Payne and Dolan. He recuses himself for conflict of interest reasons for road projects involving Payne and Dolan but would not recuse himself from our issue per our requests.

I have meeting minutes from August 4, 2005 that show a Payne and Dolan rep stating that "they (Payne and Dolan) were here to offer a long term solution to the gravel pit issues........." If that's not conflict of interest, I don't know what is.

Also, Dian Pedersen, the author of the above article and owner of this blog was the Village Chairperson at the time Payne and Dolan redeveloped the gravel pit into a large subdivision. In fact, because Payne and Dolan weren't allowed to mine the pit as they had hoped, they were granted additional lots in the subdivision.

We hope to meet everyone very soon with facts! In the meantime we believe the Village is perpetuating misinformation to promote political interests.

Thank you for your time, I hope this post doesn't "disappear". :)

~Respectfully, Danah Zoulek

Danah Zoulek

4/1/2015 03:25:44 am

Sorry for any typos, I was typing fast since the last post wasn't on the thread.

Mark L

4/1/2015 04:11:17 am

Just to clarify, there is more than one Mark posting to this blog. I live on the far north side of the Village and I suspect the other Mark that is asking to be compensated for any decrease in his property value lives near the pit in question.

Mark M

4/2/2015 01:20:28 am

We need to focus on the only issue which is someone trying to significantly benefit personally at the expense of the residents of Richfield. I have asked Danah several times for a legal guarantee of my property value with no response. This confirms that she knows it will negatively impact my property value. Mark L, with the decline in property values around the quarry, I will pay less property tax which means the other residents will pay more property taxes. This impacts ALL residents of Richfield, not to mention the significant risk to the water table and quality.

Danah

4/2/2015 03:15:00 am

One more point to add. Any decline in property values is speculative and once our project is complete, with approx 3 additional homes on the property, that will add to the tax base.

Also, people around the quarry won't be living next to an abandoned mine anymore bringing their property values to reflect a more accurate representation of the surrounding land uses.

Also, please remember that this property has never been expected to stay "as is". I have a letter from Mr. Healy asking the current Home Owners to bring the slope and grade to the acceptable 3:1 slope per the Conditional Use Permit. There is no overburden to create that grade unless clean fill is brought in, The Village has rejected a number of developments over the years prolonging the final restoration. Now, the Village is backtracking, and instead of doing the right thing according to Federal, State, and County recommendations (per findings about affects of abandoned mines on communities) they are using politics to prevent a property owner from making their property valuable by conforming to surrounding properties.

I'm not sure where your property is located but our traffic pattern that we're currently creating does not have us passing by any subdivisions. We are hopeful that the traffic plan we are creating will relieve many residents from many of the concerns with effects of traffic. Also, the WDNR response will address the groundwater fears. We appreciate your patience.

Respectfully,
Danah Zoulek

Mark L

4/2/2015 03:46:44 am

Mark M,

I cannot fault anyone for utilizing their property to generate revenue, however, I do agree that activities involved in generating said revenue should not come at a cost to other Village residents, be it safety, health or property values.

I'm trying to follow through with your reasoning that a decrease in property values (and presumably property taxes) in one area of the Village will automatically result in an increase in the property values (and presumably property taxes) in the remainder of the Village.

Although I have a BA in Economics from U.W Milwaukee, I may not understand the finer points of property evaluation and property taxation here in Wisconsin so perhaps you could explain to me how you arrived at your conclusion.

Thanks,

Mark L

Mark L

4/3/2015 12:55:56 am

Mark M,

I cannot find fault with a Village resident that wants to utilize their property to generate revenue, however, not at the expense of other Village residents safety, health and quality of life.

With respect to property values. I work in the financial services industry and have a BA in Economics, not Real Estate, so perhaps I do not understand the finer points of property assessment/property taxation here in Wisconsin. However, I'd tend to think that existing property assessments for properties adjacent to the quarry may have already factored in the impact of the quarry location.

Even if that were not the case, I cannot follow your logic that a decrease in the value of several properties in one part of the Village will automatically result in higher assessed property values/property taxes for the remainder of the Village. Please explain how you arrived at that conclusion

Thanks,

Mark L.

Danah

4/2/2015 02:57:25 am

Mark, I have responded numerous times to you and my attorney has responded to you as well. I am happy to share the email from our attorney responding to your concerns. You are welcome to share the letter.

I will post the link with the Environmental Assessment used to establish mine reclamation laws in WI. We understand your concerns and will have all responses with details specifically related to this project available in the very near future.

Link to the response to Mark M from our attorney and other related documents,( I will be updating info to this group regularly).
https://www.facebook.com/groups/1618810678335423/

Link to the (EA) Findings:

https://word.office.live.com/wv/WordView.aspx?FBsrc=https%3A%2F%2Fwww.facebook.com%2Fattachments%2Ffile_preview.php%3Fid%3D986148468070340%26time%3D1427829073%26metadata&access_token=582196905%3AAVLAlcfyGF4k_Co9FaAQvAnEHdXeU8mKp-cOpXc_yNW3LA&title=Issues+than+can+occur+when+mines+are+abandoned-1.docx

I understand this is a sensitive subject. We have such an abundance of fear provoking misinformation to overcome but I assure you we are committed to public health and safety. We have always planned to build our home here with our horses grazing here. That has always been our goal. We are disappointed that our ethics are in question because we (my husband and I) have a long history of promoting health and safety in communities. We hope that the information we will soon be presenting will put residents at ease and we, as neighbors, can agree to disagree with respect.

Thank you,
~Danah Zoulek

Mark M

4/2/2015 11:26:12 pm

Danah, I am very serious about the legal guarantee on my property value. If you believe this will not have an impact on the community, then you should have no problem with this. Your attorney responded to me with a long winded denial. I would appreciate a draft from your attorney. Also your attorney did respond to my first email. However he did not answer most of my questions and it included such lies as "all my client wants to do is recovery the investment in the property". Did he really think I would believe what he wrote? I asked him to give me an honest and professional response and he has not. I would ask you, what is your estimated profit on this? My guess is it is in the millions of dollars. Plenty of money to guarantee my property value. The lack of honest responses just adds to the issue.

concerned

1/29/2016 03:02:17 pm

you know its in the millions, since last night at the village meeting they are NOW going to donate a million dollars to a charity. Ya Right

Mike Miller

6/20/2016 11:42:08 am

Danah,

You talk about misinformation and yet you fail to provide the details of where the "easement" will run. You fail to provide the details of your plans to mitigate our concerns on water, dirt, traffic, and noise and tell us to just trust in your intentions. You don't even provide any legitimate explanation of why you can't provide the plans. Just some nonsense about involved parties, really? No I do not TRUST you.

BTW, I've lived in Richfield 22 years. The slope of the natural hill I live on is just as great as the slopes (which nature has already reclaimed) on your land.

Misinformation??? What accidents have been recorded in the last 20 years on your "unsafe" land.

marie

1/29/2016 03:00:55 pm

OK everyone. you can all talk tell you are blue in your face. Lets let the COURT decide. Since the Zouleks have filed an appeal it is out of everyone's hands. Use your name calling and swearing at each other to yourselves.

Mark L

1/30/2016 10:37:05 am

Marie,
I appreciate the update on the quarry/landfill issue. I also appreciate an intelligent discussion of the issues in the open format provided by this blog, as should you.
It is your choice whether to view or get involved in the discussion but please don't attempt to tell others not to exercise their first amendment rights, we already have enough of that from the current administration occupying the oval office in Washington DC.

Regards,

Mark L., MSgt USAFRES (retired)

Ryan Rischman

6/19/2016 11:37:01 am

Just met Danah today and seems like a sharp young lady and if she sees a way to help the community OR make a little money why is it anyone elses business. I didn't want the 240 acres behind me in Hickory Hills to have 110 houses built on it either but I don't own that land so none of my concern. Why didn't one of you on here complaining buy that pit so you wouldn't have to worry about the 100's of trucks(lol) driving in and out. Stop being such whiny little know it alls and deal with progress( that's what Payne and Dylan basically said to us) and let this young woman do what she wants to do. It's an old crappy abandon pit that could be really nice. Your probably the people who didn't care about the subdivision behind me and my ground water and serenity so I have no problems with Danah doing what she wants. Come and sit with me and have a drink and we can have a wonderful debate, my neighbors are always welcome. Ryan Rischman 3765 maplewood CT. Hubertus. 262-305-9191. Just my 2 cents worth for free.. ;-)

Your comment will be posted after it is approved.

Run for village office and sue the village?

Leave a Reply.

About

Archives

Categories