Muskego petition drive returned as flawed

Muskego - A petition for direct legislation that seeks a referendum on the $3.55 million purchase of two Little Muskego Lake parcels along Janesville Road is flawed, but the group that filed it can correct the deficiency, the city said.

The city's clerk, Sharon Mueller, determined the petition was "insufficient and not in proper form" because a proposed resolution or ordinance was not attached to it as required by state statutes.

"If the paragraph appearing at the top of the Petition is intended to be a resolution, the words, 'BE IT RESOLVED that' must be added to the beginning of the paragraph," Mueller wrote in a certificate of insufficiency.

The group that filed the petition, Muskego for Ethical Government, said it will correct the petition and return it to the city by Friday, ahead of the 10-day deadline to fix the error.

The group's organizer, Lorie Oliver, said Tuesday she believed the petition was fine as originally submitted. But Oliver said the group would attach a proposed resolution or ordinance to the pages that were filed Jan. 30.

The petition, which contains 3,409 signatures, was filed six days after the Common Council voted, 4-3, on Jan. 24 to buy the 4.6 acres that the city plans to turn into a park.

Mueller verified that the petition contains more than the required valid signatures. The group needed at least 1,802 signatures - 15% of the votes cast for governor in the last election.

If the petition is corrected and the clerk certifies it is sufficient, it will be sent to the council.

The council then would have 30 days to adopt the action requested in the petition. If it does not act within 30 days, a referendum would be scheduled on the resolution contained in the petition.

Oliver had asked the city to halt the purchase of the land when the petition was filed. But the city, so far, is proceeding with the land purchase and is hoping to close on the properties by May 31.

It has not been determined yet whether the direct legislation petition can stop the purchase, which was initiated before the petition was filed.

The citizen group contends the city should first inform residents of the full costs to develop the parcels into a park and then hold a referendum. Oliver has said she believes it could cost $10 million or more to purchase the land and develop a park on the lake properties when such things as removing the existing homes and adding access roads, parking and restroom facilities are included.

City ordinances require a referendum vote before the city enters public works projects that exceed $10 million. Mayor Kathy Chiaverotti has said there is no way the park would do so.

Oliver on Tuesday said the citizens group expected the city to find fault with the petition, perhaps in the hope of wrapping up the land purchase before officials would have to act on the direct legislation issue.

"Is it just a stall tactic on their part? I don't know. We hope it's not," Oliver said.

Muskego for Ethical Government has said that it may launch an effort to recall Chiaverotti and Ald. Keith Werner if a referendum is not held.

Chiaverotti in April will have completed her first year in office.

Werner, who represents the area that includes the two lake parcels and voted for the purchase, was re-elected in April.