Tw o S e c t i o n s Vol. 113 No. 171
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www.dailyreporter.com THURSDAY, September 1, 2011
Murder EPA lead rule puts state on clock
case to
certified and perform safe-work practices
Wisconsin has two years AUTHORIZED STATES on jobs in homes built before 1978.
Before that year, lead-based paint still
to increase penalties The following are states authorized to
oversee their own renovation, repair and
was available. Such safe-work practices
proceed
include laying down plastic, minimizing
ADAM WISE painting rule. The states must meet or paint dust and performing thorough
exceed the standards set by the
adam.wise@dailyreporter.com
Environmental Protection Agency.
cleaning of job sites.
Wisconsin should maintain local control
The federal government will take over Alabama North Carolina of the program, said Terry O’Neill,
Georgia Oregon training director for Occupational Training
Wisconsin’s lead paint inspection and
Siepmann’s grandson enforcement in two years if the state does
Iowa
Kansas
Rhode Island
Utah & Supply Inc., Willowbrook, Ill. He said
the EPA, which administers the rule in
not increase the maximum penalty for Massachusetts Washington
found competent for trial violations.
Wisconsin must amend its enforcement
Mississippi Wisconsin Illinois, did not have enforcement under
control in his state.
Source: EPA
JACK ZEMLICKA policy for the renovation, repair and “There is no EPA police out there
jack.zemlicka@dailyreporter.com painting rule to allow fines of up to looking for it,” O’Neill said. “I think the
$5,000 per violation, according to a states have more of the ability because
be,” said Shelley Bruce, asbestos and lead they have infrastructure in place. They
A Waukesha County judge Wednesday directive from the U.S. Environmental unit supervisor for DHS. “My job is to would be able to police it a lot better than
reinstated criminal proceedings against a Protection Agency. As of now, take it to whatever level is needed to on a national level.
17-year-old boy accused of brutally killing contractors in the state can be fined up to determine how we will respond. That will “The EPA is looking for bigger fish to
his grandfather, Pewaukee developer Ron $1,000 for violating the rule. be happening over the next couple of fry.”
Siepmann. The state Department of Health Services months.” If Wisconsin relinquishes control,
Judge Bill Domina ordered the case oversees the program for Wisconsin, which The Legislature would have to amend contractors in the state could face much
against Richard Wilson will resume after is one of 12 states that enforces the rule on state law to match the EPA changes to stiffer penalties because the EPA can fine
finding a mental health evaluation its own. The EPA controls lead rule keep control of the program, Bruce said. companies up to $37,500 per violation in
provided enough evidence Wilson is enforcement in all other states. DHS has not decided whether that is the states under its control.
capable of under- “The department is in the process of right way to proceed. It’s best for all involved that states
standing the severity of reviewing the rule changes and The renovation rule, enacted in April
the first-degree murder
determining what our next step would 2010, requires contractors become PLEASE SEE Lead, PAGE 3A
charges and is able to
assist in his own defense.
Dr. Erik Knudson of the
Wilson
Mendota Mental Health
Institution in Madison
performed the evalu-
ation.
Milwaukee embracing open-door policy
Wilson is charged
with killing Siepmann with an ax May 8 at Businesses offer look
Siepmann’s town of Merton home.
On June 2, Domina suspended the inside popular buildings
murder case against Wilson on the grounds
the defendant was unable to understand the JAMES BRIGGS
charges against him. Since then, Wilson james.briggs@dailyreporter.com
has been confined to the Mendota Mental
Health Institution for treatment. Milwaukee is set to become a city-
Neither defense attorney Michael sized museum Sept. 24-25 when about
Steinle nor district attorney Brad Schimel 100 businesses and organizations open
challenged the evaluation that found their buildings to the public.
Wilson competent. People can visit spaces — century-
A status conference is scheduled for 2 old structures, the 41st-floor U.S. Bank
STAFF PHOTO BY KEVIN HARNACK
p.m. Sept. 19 to determine whether Center observatory and the City Hall
Wilson will waive his preliminary hearing. bell tower among them — that usually
Steinle, of Terschan, Steinle & Ness SC, are off limits. The event is free.
Elm Grove, said in court Wednesday that a “We have so many great festivals that
preliminary hearing might not be help our city, but really no festival or
necessary, but that he wants time to confer event that’s just focused on the
with Wilson. beautiful built environment, especially
Steinle took over the case Monday from our historic buildings,” said Anna- The Pfister Hotel and the Gas Company Building stand on the horizon along Wisconsin Avenue behind
attorney Jennifer Dorow after a Marie Opgenorth, executive director of Anna-Marie Opgenorth, executive director of Historic Milwaukee Inc. on Wednesday in Milwaukee. The two
substitution request was made by Wilson’s buildings will open their doors with more than 100 area buildings for the Doors Open Milwaukee event, which
Historic Milwaukee Inc., which is
family. Domina formally granted the will be Sept. 24-25.
organizing the event. “We wanted to
substitution Wednesday. celebrate Milwaukee’s architecture.” Having observed the open houses in for this year, Opgenorth said. She said
Attorneys from both sides of the case In addition to making buildings organizers came up with the attendance
Denver and Toronto, Wagner said
agreed with Domina’s order that Wilson available to the public, Historic Milwaukee goal by working with Denver and learning
Milwaukee has a unique building stock
continue to take medication, either also is planning 25 tours, which will be led about that city’s experience launching its
voluntary or involuntary, to stabilize his worthy of its own event.
by historians and architects. “This is the kind of comment you get event.
schizophrenic condition. George Wagner, a retired librarian Historic Milwaukee also gives walking
“I believe he does need the medication at from people,” he said, “they wonder what
for the Milwaukee Public Library, tours to 10,000 people a year and boat tours
this time,” Steinle said in court. goes on inside that building all their lives,
brought the idea to Historic Milwaukee to between 10,000 and 20,000 people a
He declined to comment on the case and they can go in and say, ‘Oh, my year, Opgenorth said. So there are people
after seeing similar events in Toronto,
after the hearing. goodness, this is interesting.’” interested in touring Milwaukee, she said.
New York City and Denver. Chicago is
scheduled to hold its first similar event A Milwaukee event attendance number
PLEASE SEE Murder, PAGE 3A in October. around 6,000 people would signal success PLEASE SEE Door, PAGE 3A
Thursday, September 1, 2011 | The Daily Reporter www.dailyreporter.com | Page 3A
Union leader asks Walker for meeting
SCOTT BAUER passed this year, public employees retain response to AFSCME and other bargaining disregard for negotiation with union
Associated Press the right to bargain over wage increases no units that made similar requests. leaders.
greater than the rate of inflation. They lost Walker refused to negotiate with the “He’s chosen not to work with the union
MADISON — The Wisconsin State the right to bargain over anything else. unions even before he unveiled his proposal that represents the large majority of state
Employees Union wants state lawmakers to The union’s director Marty Beil said that in February taking away nearly all of their employees from the very first day he’s
pressure Gov. Scott Walker’s administration meant employees could bargain for raises collective bargaining rights. After union taken office,” Beil said.
to begin negotiating with it over salary up to 3.6 percent for the contract period that leaders agreed to pay more for their Given what little there is to negotiate over
increases for 22,000 state workers. began in July. pensions and health care benefits, as Walker — essentially how to determine the Consumer
The union sent letters Tuesday to state Beil said he had heard nothing in proposed, he did not negotiate with them on Price Index — talks should take a matter of
lawmakers from both parties to follow up response from Walker’s administration to the other parts of the bill, including removal hours, not weeks or months, Beil said.
on its request made to Walker’s either request. Walker’s spokesman Cullen of automatic payment of dues and a If there is no response from Walker, other
administration Aug. 18. The union made the Werwie said the state’s Office of State requirement that unions vote annually to steps including pressuring state lawmakers
letter public Wednesday. Employment Relations, which handles stay together. and legal action would be considered, Beil
Under the new collective bargaining law contract negotiations, was preparing a Beil said Walker had shown a willful said.
DUST UP
Wisconsin
doing more
than EPA
Lead, FROM PAGE 1A
authorized to administer their own programs
continue to do so, said Julie Morris, team
leader for the pesticides and toxic compliance
section in the EPA’s Chicago office.
“They are closer to the violations
themselves, and it’s easier for them to get
STAFF PHOTO BY KEVIN HARNACK
out and do an inspection on short notice,”
she said. “We want the states to succeed.”
Jon Halverson, general manager of Lead
Safe Services Inc., Neenah, said he wasn’t
sure the state, much less the EPA, could
keep up with enforcement.
“There’s so much remodeling being
done,” he said, “that it’d take quite a few Dust fills the air as crews from Edgerton Contractors Inc., Oak Creek, excavate for future traffic lanes while D K Contractors Inc., Pleasant Prairie, installs piping
people quite a few hours to even take a for sewer while working on the Mitchell Interchange on Monday in Milwaukee. Their work will make up the eastbound lanes of Interstate 894 that will carry traffic to
small sample.” northbound Interstate 94.
The EPA in May enforced the first lead
Prosecutor predicts insanity plea
violations, more than a year after the
federal rule went into effect. The agency
reported six violations took place during an
October home renovation project in
Rockland, Maine, by contractor Colin Murder, FROM PAGE 1A cated,” he said. “But upon getting May 8 murder. It’s difficult to predict
Wentworth. The case remains active. medications they can often do well, so it’s whether Wilson will remain competent
According to an EPA news release, the Schimel said in an interview that not a surprise to me that they could get throughout the trial, Schimel said, but he
violations were brought to the agency’s Wilson’s positive response to medication him stabilized.” expects Wilson will enter a not guilty
attention through an anonymous video likely led to his restoration of According to the criminal complaint, plea by reason of insanity once the case
posted on YouTube. competency. Martha Wilson, Richard Wilson’s mother, advances beyond the preliminary
By comparison, Wisconsin has closed 43 “Individuals who have mental illnesses said her son was diagnosed with hearing.
enforcement cases since April 2010 for that are in the schizophrenia family often schizophrenia in November. “Then there will be evaluations to
violations to the renovation rule, according have a hard time understanding Schimel had said Wilson had not been determine whether he fits that plea,” Schimel
to DHS records. Of the 43 cases, seven proceedings when they are not medi- taking his medication near the time of the said.
included fines totaling $2,506.
Bruce said the largest individual fine of
$731 included violations related to failure
to contain dust and debris, properly handle
waste, and visually inspect and clean the
work area.
Organizer trying to raise money
Door, FROM PAGE 1A Well, either that, or Opgenorth said she “They’re going to have an opportunity
All forfeiture payments go directly to
and other volunteers would have to ask to walk through our manufacturing
Wisconsin’s Common School Fund, which But the long-term viability of the event themselves: “Can we do it before we whittle facility to see what goes on inside the
covers expenses for school supplies, Bruce depends on Historic Milwaukee’s ability down and become little stubs of people?” plant, what kind of equipment we have
said. to increase the amount of money it raises. Similar events in other cities, she said, and be able to go to our storeroom as
In the remaining 36 cases, the state issued The organization is spending $75,000 tend to get financial support from city well,” said Margaret Howland, marketing
warning letters, notices of noncompliance, this year, which includes a $35,000 state government. That’s not an option in director for the architectural lighting firm.
training orders or certification demands. tourism grant. Historic Milwaukee will Milwaukee, Opgenorth said. “The showroom is open to the public, but
“We take each case as it comes and look apply for the tourism grant next year but “Most of the cities that do this have the rest of the building is not, so it’s a
at it from many things in terms of the scope will have to go through the same entire cultural departments organizing unique opportunity.”
of what was done,” she said. “We’re not out acceptance process, and there are no their event,” she said. “In Milwaukee, the Once people learn about — and
to put somebody out of business.” guarantees, Opgenorth said. grassroots community really pulled this
To pull off the event this year, Wagner experience — Doors Open Milwaukee,
O’Neill, whose company trains Illinois together.” Opgenorth said, she thinks raising money
contractors to become lead certified, said worked as an unpaid program director, a
Aside from money planning, though, for next year will become easier.
the fines don’t have to be large for the point position Opgenorth said Historic
Milwaukee must transform into a paid Wagner said other efforts, such as “I think in the first year it’s more
to stick. soliciting businesses, had been successful. difficult to raise the funds without the
position in order for Doors Open
“I don’t care if it’s a large window Most businesses, such as Brass Light measured success under our belt,” she
Milwaukee to continue annually.
company or a mom-and-pop siding Gallery Inc., which operates out of an said. “It’s a challenge getting the funding
The organization also needs to hire a
company,” he said, “if they hear somebody seasonal employee, Opgenorth said. All 1890s building, consider Doors Open we need and then working with the
will hurt their pocketbook, they are going told, she said, it would take $90,000 to run Milwaukee a chance to show off their funding we did get to make sure it’s pulled
to pay attention.” Doors Open Milwaukee again next year. products as well as their architecture. off in a way that does justice to the idea.”