The Post-Crescent from Appleton, Wisconsin • 24

Petitions circulate for Winnebago hearing ThUrSday June 12 1980 Tho Post-Crscnt. Appleon-Nnoh-Mn(ha, Wl. B-4 Sign ordinance institutions like that live side by side. I Continued From Page 1 which deal with social services. He said Wednesday that signatures would be collected during the next 30 days from citizens in the 32 counties served by Winnebago.

After that, he said he expects to forward them to fhe appropriate committees and invite those bodies to conduct a public hearing here. When asked about the possibility at this point of having the state drop its plan for a prison at Winnebago, Goyke said he thinks "the odds are against us." Five years ago, he said, there was a fight to keep Winnebago open. He jumped into the fray soon after his election to the state Senate. "I want full, open discussion of it. I believe they have an idea of what it (conversion of the buildings) looks like.

I want the public to see how two BY JANE DWYRE CARTON Post-Crescent staff writer WINNEBAGO The odds against reversing a decision to convert two buildings at Winnebago Mental Health Institute into a medium security prison are stiff, but petitions asking for a public hearing on that conversion started circulating today. Three area legislators have said the chance for a change of plans is slim but they have indicated their willingness to take citizen word to appropriate committees. "My intent is to secure through petitions a commitment for a legislative hearing in Winnebago County on the plans to convert the institute," said state Sen. Gary Goyke, D-Oshkosh. His office is distributing petitions.

He said those papers would be directed to the standing committees of the Legislature be a little bit more lenient with us on the avenue who are trying to promote business." Gevelinger said trees cover up many building signs on the avenue, especially those that don't protrude from the building. "People come in here all the time asking where different stores are," he said. Charles Hoffmann, owner of Charles the Florist, 219 E. College said he will change his non-conforming sign. "I'm not happy about removing these (two plaques on the front) because they are our only identification at eye level," he said.

John Zimmerman, owner of Con-key's Book Store, 226 E. College was philosophical after finding out his sign doesn't conform. W.A. Close, owner of W.A. Close 200 E.

College was on the committee that drafted the ordinance. Close has been out of touch with the situation for some years, but believes now, as he' did then, that the ordinance is needed. "I think it is a good ordinance and like any other ordinance it should be enforced," Close said. It is intended to improve the city's appearance, which encourages business to continue to build here, he said. Sign ordinances and controversy about them are nothing new.

Many cities enacted codes covering the aesthetics of signs during the late 1960s and early 1970s. Lawsuits were filed claiming that the ordinances are unconstitutional, and a number of cases have been working their way through various state and federal courts. Cities like San Diego, Phoenix, Seattle and Los Angeles have rescinded or rejected anti-sign ordinances because of court decisions and the fear that the, ordinance may curtail free speech. In 1975, the Illinois Appellate Court ruled a Des Plaines ordinance invalid, citing the aesthetic considerations written into it. The court said the ordinance had to be related to the health, morals, safety, or general welfare of a community.

Settlement reached in septic tank fumes deaths "I don't think anybody is going to be happy spending money to change their signs, but I think it will be good for the downtown," he said. "We're retail people and we're serving the people and I think we should look good," Zimmerman said. The Appleton Downtown Retailers Association has always been in favor of the ordinance, and a special committee of the Fox Cities Chamber of Commerce and Industry helped draw up th ordinance in 1971. said soon after last month's decision to convert: "This is what they came up with. This is what they approved.

This is what we're going to have to live with, no matter how much wedpn'tlikeit." Wednesday, he called the idea of a public hearing "a good idea, a super idea," but said that, legally, the action has been taken. "When they draw up the plans, we will have a public hearing to go over them and exert every effort to make sure those plans meet with the approval of local people," he said. The meetings Tuesday registered the first group opposition to the plan from the state Department of Health and Social Services. The people who gathered Tuesday to object were members of the Alliance for the Mentally 111 and members of Wisconsin State Employees Union Local 48. Goyke said Wednesday that in addition to hopes for a public hearing on the conversion, some citizens were hoping for a full vote of the Legislature on the issue.

Cornell Continued From Page 1 "I can't grant the permission unless it's very clear to me from the apostolic delegate (Jadot) that it does not, in fact, apply to Cornell," said Tremel. "He told me I must tell Cornell he must not run." July 8 is the deadline for congressional candidates to file nomination papers and get their names on the fall election ballot. Theoretically, there's a chance Cornell could file papers by then. But most observers believe that is unlikely. Even if there is room in church law for his candidacy, Cornell's organization has disbanded and Catholics and non-Catholics alike might not react favorably to his re-entry into the race.

For now, Cornell, who just finished the semester as a political science professor at St. Norbert College, is writing letters to the many clerics and others who wrote him after his May 6 announcement. He hopes to learn for certain what his status is in another week. He said he is going through church channels, but wouldn't tell The Post-Crescent any details. He is also finishing a book he started two years ago.

It is tentatively titled, "Dear Constituents." am against it. I am going to fight," Goyke said. State Rep. Richard Flintrop, D-Osh-kosh, also attended meetings Tuesday at which citizens' objections to the plan for Winnebago were raised. "If there are citizens who wish to voice strong opposition to the building commission's action, I certainly would encourage them to do so and would assist in delivering their concerns to members of committees and members of the Legislature.

"I am not optimistic about the likelihood of the decision reached two weeks ago being reversed by the building commission, unless the planning process proves that the use of Winnebago for corrections is program-matically unfeasible," Flintrop said. State Rep. Michael Ellis, R-Neenah, Hanaway to run for re-election State Sen. Donald Hanaway, R-De Pere, has announced that he will seek re-election to the 2nd District Senate seat he won in a special election last July. Hanaway defeated six-term state Rep.

Gervase Hephner, D-Chilton, in the closely-contested special election to il 1 the state Senate seat vacated by the then newly-elected U.S. Rep. Thomas Petri, R- Fond du Lac. The De Pere attorney said he decided to seek election to a full term in the Senate "because I am convinced that one person can make a difference in state governmental policy and that the next session of the Legislature will be crucial to the state's fiscal health. "The governor was right to return the tax surplus to the taxpayers, forcing the state Legislature to operate on a slim budget and prioritizing its program," Hanaway said.

"The return of the billion dollar surplus, recent income tax reforms and state revenue deficits due to unpredicted, and now unmanaged inflation, will force the Legislature and state agencies to closely scrutinize their programs and policies or cause a state tax increase. I desire to be a part of that scrutiny to prevent a tax increase." Hanaway is a member of Senate com-mittees on Agriculture, Labor and Local Affairs, Judiciary and Consumer Affairs, the statuatory committee on Courts, the governor's bipartisan Transportation Funding Committee and the Senate Republican Criminal Justice Committee, which he chairs. He and his wife, Jo Ann, reside in De Pere with their four children. Mall Continued From Page 1- chemical solution to open up the drain field. He had used one of five bottles of the solution that was to be poured in at the rate of half a bottle each half hour.

He was overcome by fumes on his second trip into the 18- by 18-inch hole in the septic system. His wife saw him fall backwards as he tried to crawl from the tank. Sommer was the first fire fighter on the scene. He went into the tank in an attempt to rescue Demand, but he too was overcome. Other fire fighters attempted to rescue the pair, but were unable to use oxygen masks and tanks because of the narrow opening at the top of the septic tank.

A backhoe had to be used to open a larger hole into the system and a hook was used to remove the victims. Demand was trapped about 20 minutes and Sommer about three minutes. The deaths were attributed to a combination of the chemical solution being used and the fumes from the tank itself. The complaint alleged that the use of the material without proper warnings and instructions from the defendants caused an unreasonably dangerous and hazardous condition plus the generation of toxic gases which killed the men. The complaint also charged the de-fendents with failing to exercise ordinary care in testing, manufacturing, distributing and selling the product, and failing to give accurate and adequate information concerning its use and possible dangers.

The settlement was reached prior to it being brought to trial before Circuit Court Judge Gordon Myse. An out of court settlement totaling more than $375,000 was reached by the descendants of two men asphyxiated by septic tank fumes near Dale in May, 1978. Originally a $1 million suit was filed by Faith Demand and Katherine Som-mer. Demand's husband, Delmar, 38, was cleaning the septic tank at their home when he was overcome by fumes. Sommer's husband, Thomas, 27, one of several fire fighters called to the scene, was overcome by the fumes.

Six others were treated and released at St. Elizabeth Hospital. The settlement calls for Mrs. Som-mer to receive $300,000 and the four children of Mrs. Demand, who died in January, 1980, to receive $76,250.

Terms of the Sommer settlement call for her to receive $248,750 while each of her three children will receive $15,000 and attorney fees of more than $83,000. Defendants in the suit were Athea Laboratories, Milwaukee, which makes the product "De-Clog;" Daniel Pertzborn doing business as Chemical, Hales Corners, which distributes the product, and Kenneth Wis-nac, doing business as Valley Septic Service, Fremont, who sold the product to Demand. The product is a heavy-duty drain cleaner containing sulfuric acid which Demand was using to clear the clogged septic tank. According to Outagamie County authorities, Demand had a serviceman clean out the tank the day of the accident. After his work was completed, the man told Demand to use the drain cleaner to clear the still-clogged tank.

Demand used a garden hose and the NRC had prepared some preliminary design plans through its primary architect, Paul Pink Associates and had invested approximately $75,000 of its own money in the project here before it fell through. City Atty. David Geenen NRC has made no effort to seek reimbursement from the city, since the contract stated that the firm would develop the plans without any financial obligation by the city. If a referendum on NRC's enclosed mall plan had been approved by the voters, National Redevelopment would have become the developer. Since the referendum was not held, the contract will end Sunday with no further obligation by the city.

Geenen said NRC had approached the city about bowing out of the contract before its normal termination. ects, both in numbers and in quality of tenants, particularly the major department stores. A recommendation from professional consultants, such as Real Estate Research Chicago, about the proposed developer. Brehm said an investigation into the possible criminal background of any development company officials, which was not done in Ericson's case, is "implied" by the new criteria. During the executive session in which the criteria were discussed, one ARA commissioner seriously suggested that "The Post-Crescent be assigned to investigate the background of the developer." The statement did not come from V.

I. Minahan, publisher of the Post-Crescent, who is a member of the ARA. The city relied on the expertise of local financial institutions in choosing NRC, Brehm said. fHf 7 I 1 m-M-wifm wmmmiH 'V .1 i 1 it wmm lj KILL 37 DIFFERENT WEEDS WITH ORTHO WEED-B-GON LAWN WEED KILLER SALE PRICE QUART Kills broadleaf weeds roots and all! wmm 10 SPEED TOURING Unassembled Chrome touring handlebars, quilted saddle, chrome rims, tanwall tires. Side-pull caliper brakes.

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