Monday, December 3, 2018

Zoning Referendum Results - Liberty Prevails!

I trust that you all had a wonderful Thanksgiving and are now looking forward to Christmas. I expect that most of you are probably already aware of the results of the advisory referendum on zoning, but perhaps some of you are not, so I thought I would send out an update to you all.

The people of Cady have officially requested that the Cady Town Board NOT continue to develop a zoning ordinance.

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Will they respect our wishes and abide by the results of the referendum? We'll have to see. The two supervisors had originally said that they would not commit to abide by the results, but Chairman Tully has said that he would.

Remember, they are up for re-election in April, 2019.

Thank you to all of you who turned out to vote on November 6 to formally voice your opinion. Now we must ensure that the Town Board intends to abide by our wishes, or they must be replaced.

Friday, September 28, 2018

Property Taxes vs. Permitting Fees - What's the Difference?

There is a statement in the Cady Zoning Referendum that says "Zoning has no impact on property taxes."

This statement was intentionally inserted into the referendum statement to try and alleviate concerns about the personal cost of zoning to Cady residents.

I already pointed out that per Wisconsin state law, 70.32(1g), the assessor shall consider the effect on the value of the property of any zoning ordinance.

Additionally, according to the Wisconsin Towns Association website:

Town zoning with village powers can be manpower and cost intensive. Both a plan commission and a zoning board of appeals will need to be staffed. The town will bear all costs of ordinance creation and amendment, administration and enforcement. Enforcement in particular includes ordinance prosecutions by the town attorney as well as the initiation of and defense against lawsuits related to the town’s zoning.

Question: How is the Town of Cady going to support these expenses if they do not raise property taxes?

Answer: They'll have to do it through permitting fees and penalties, which is just another name for taxes.

Just say "NO" to Zoning in Cady on November 6.

Our property rights are just too precious to surrender.

Friday, September 14, 2018

Non-binding Advisory Referendum on Zoning

The Cady Town Board has submitted their proposed wording for the non-binding advisory referendum on zoning in Cady. The referendum is scheduled to be on the ballot in Cady for the general election on November 6, 2018.

The referendum is expected to read as follows:
This is a nonbinding question to give the Town Board direction concerning zoning. Zoning has no impact on property taxes. Should the Town of Cady continue to develop a Zoning Ordinance?

Yes

No

This referendum is an advisory referendum. The governing body of the Town of Cady is not legally bound by the results of this advisory referendum.

A "yes" vote would advise the Cady Town Board that you want them to create a Zoning Ordinance.

A "no" vote would advise the Cady Town Board that you would like Cady to continue as it is, without a Zoning Ordinance.
However, regarding the statement on property taxes, Wisconsin 70.32(1g) states that the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.692, 61.351, 61.353, 62.231, or 62.233. https://docs.legis.wisconsin.gov/document/statutes/70.32(1g)

Also, according to a Wisconsin court decision in State ex rel. Hensel v. Town of Wilson, while a sale establishes value, the assessment still has to be equal to that on comparable property. Sub. (2) (b) requires the assessor to fix a value before classifying the land; it does not prohibit him from considering the zoning of the property when it is used for some other purpose.

Chairman Mike Tully has publicly stated that he will abide by the results of the referendum. However, supervisors Bob Klanderman and Jim Mikla stated that they may not. They said that they would wait to see the results before deciding. Since they have consistently supported the Title 13 zoning ordinance, it my expectation that they would only intend to abide by the results of the referendum if the people of Cady vote "YES" for zoning. If the people of Cady vote to retain their existing property rights and say "NO" to zoning, the town supervisors may not be willing to abide by the results. Remember, ultimately zoning in Cady will be up to these three individuals, and if two out of three board members decide to implement zoning against our wishes, the use of our private properties will wind up under their control.

It has been my goal all along to have the residents of Cady make our own informed decision as to whether or not to surrender our property rights and submit ourselves to a zoning ordinance. This planned referendum is a rare and incredible opportunity for the people of Cady to clearly make our position known to our town government. Let's not let this opportunity pass us by. Spread the word to all of your friends and neighbors in Cady.

JUST SAY "NO" TO ZONING IN CADY!

Thank you for your continued interest and support. Together, we can keep Cady free.

Tuesday, August 7, 2018

***** CADY ZONING UPDATE *****

It is my pleasure to bring you some very good news today. Last night, the Town Board decided to move ahead with a town referendum on zoning in Cady. Although the exact wording of the referendum has not yet been determined, it will ask something like "Should the Town of Cady continue to develop a zoning ordinance?" The choices will be "YES" or "NO" and should be on the ballot for the November 2018 election.

Chairman Mike Tully has publicly stated that he will abide by the results of the referendum. However, supervisors Bob Klanderman and Jim Mikla stated that they may not. They said that they would wait to see the results before deciding. Since they have consistently supported the Title 13 zoning ordinance, it my expectation that they would only intend to abide by the results of the referendum if the people of Cady vote "YES" for zoning. If the people of Cady vote to retain their existing property rights and say "NO" to zoning, the town supervisors may not be willing to abide by the results. Remember, ultimately zoning in Cady will be up to these three individuals, and if two out of three board members decide to implement zoning against our wishes, the use of our private properties will wind up under their control.

It has been my goal all along to have the residents of Cady make our own informed decision as to whether or not to surrender our property rights and submit ourselves to a zoning ordinance. This planned referendum is a rare and incredible opportunity for the people of Cady to clearly make our position known to our town government. Let's not let this opportunity pass us by. Spread the word to all of your friends and neighbors in Cady.


Thank you for your continued interest and support. Together, we can keep Cady free.

Wednesday, July 4, 2018

Cady Zoning Poll

Create your own user feedback survey

Thursday, June 21, 2018

Wednesday, June 20, 2018

What if the Founding Fathers had been Grandfathered In?

Benjamin Franklin once famously said “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Imagine for a moment if our founding fathers, the signers of the Declaration of Independence, instead of pledging their “lives, fortunes, and sacred honor” to the cause of freedom & liberty, had accepted an offer from King George to be “grandfathered in”, and therefore exempted from the burdens that the British empire was laying on the backs of the colonists. The king could have said, “Don’t worry gentlemen, this won’t affect you. You will be grandfathered in, and these laws will only affect the people who will be coming to the colonies after you. After all, we want to keep the colonies ‘English’, don’t we?” Do you think they would have even considered such an offer? It could have saved them a great deal of difficulties, to be sure. It would have been much easier on them than to fight the war for independence.

When it comes to laws that infringe on our liberties, the offer to be “grandfathered in” is an enticement to get us to go along with them despite finding them burdensome or repulsive because we would be negatively impacted otherwise. By promising to exempt us from the enforcement or consequences of not complying with the rules, we become less concerned because we believe that the burdens are only meant for others. It is much easier to approve of these new rules when we are told that they are not meant for us. However, while others are suffering from these difficulties that we’ve allowed, we still have to find a way to sleep at night.

Since the Declaration of Independence was signed on July 4, 1776, think of all the men and women of America who have selflessly sacrificed their lives and limbs for the sake of preserving the liberties that we enjoy and even take for granted. American colonists stood up to the most formidable army in the world, with little chance of success, just for the hope of securing freedom and liberty for their children and future generations. Many, if not most, knew full well that their chances of returning home and peacefully living out the rest of their lives were slim to none, yet they chose to sacrifice themselves for the sake of others… for OUR sakes. To them, it was that important. Americans have engaged in conflicts around the world, spilling blood and treasure, to retain and even spread these freedom and liberties.

How important are those sacrifices to us, now?

As we look forward to the celebration of our American Independence in just a couple of weeks, we should think about those men and women, and the sacrifices that they made. Because they were willing to pledge their lives, fortunes, and sacred honor to preserve our freedoms and liberties, now all we have to do is keep them, and not let just them slip away like some trivial relic that has lost its value. We don’t have to risk our lives, we just have to pay attention. We don’t have to resort to violence, we just have to stand up and speak out. We can’t let liberty become a meaningless cliché which we only pay lip service when talking about American ideals without demeaning the shed blood of those who sacrificed all that they had to ensure that we would remain free to live our lives as we thought best for ourselves and our children.

The loss of our property rights in Cady is not yet a foregone conclusion, but it will be if we don’t do something now. We need to tell our town government that we appreciate what they do to keep our roads clear and functional, ensure that we have access to emergency services, and take as little as necessary from us to provide for the services that we have requested. However, we also need to tell our town government that we will not limit ourselves to two garage sales per year, or ask permission to start a home business, or abstain from setting up a camper for the summer, or cut down a tree, or raise up a shed. We need to tell our town government that we do love Cady just the way that it is; BEAUTIFUL AND FREE; and we will do everything within our power to keep it that way. Please be sure to come to the Cady Public Hearing tomorrow to tell them how you feel. They need to know, and they need to hear it from you