The Post-Crescent from Appleton, Wisconsin • 4

THE POST-CRESCENT, APPLETON-NEENAH-MENASHA, WIS. WEDNESDAY, MAY 6, 1992 B-4 Double jeopardy cited in action on Posse leader ClieiitoiiwSlSe readies cleanup plan tion could result if the city fails to respond. The DNR has the authority to either accept or reject the plan or to make further recommendations. i and that the collected ground water be put through a separator. The contaminated water can probably be processed through the city's waste treatment system, Courter said.

If not, it can be treated separately and discharged into the Pigeon River. The fuel will be directed into a receiving tank and held for proper disposal. Funding to offset the cost of the cleanup could be available if the city can show that the spilled product was fuel oil. Funds are not available if it was diesel oil. The city must assume responsibility for any associated costs unless it can prove that a prior property owner is responsible for the contamination.

Courter recommended an expeditious approach to the cleanup. "I know that you have already been pushed on this a couple of different times and gotten warnings. The DNR feels it is your problem right new," Courter said. "They look at this very seriously because of the large volume of free produc-t" If the city fails to act within an acceptable time, the DNR could issue further warnings. Enforcement ac- of a real pure" petroleum product, either fuel oil or diesel fuel, floats on top of the ground water that has accumulated in the well.

To meet DNR standards the responsible party must remove the contaminated water and dispose of it in an approved fashion. Normally, all contaminated soil would also have to be removed, Courter said, but because of the proximity of buildings and power wires, it is unlikely that the DNR will order extensive excavation in this case. "We don't know where the contamination has gone. We really can't chase it and it's not practical to dig it all up I don't think they (the DNR) will expect us to do anymore," Courter said. Because it is unclear as to when the fuel leak occurred, litigation may be required before the cause of the contamination is finally decided.

The cost of the cleanup is estimated at about $32,000, not including the cost of disposing of the fuel once it has been extracted and separated from the ground water. Omnni has recommended that two receiving wells be constructed By Sherry Breiting Rindt Post-Crescent correspondent CLINTONVILLE A plan for cleaning up contaminated ground water behind a Main Street business received tentative approval Tuesday from the Street Committee. The committee is recommending to the Common Council that the cleanup plan for the area behind the post office and the former Kuehl Enterprises building be reviewed by thfr city attorney and then forwarded to the state Department of Natural Resources for approval. The contamination, detected last year during the investigation for the proposed Main Street reconstruction, results from an apparent leak in an underground fuel tank which released an unknown amount of petroleum into the soil. "We don't know how much was spilled," said Susan Courter of Omnni Engineers, who outlined the plan to be presented to the DNR.

A portion of the contaminated soil was removed last year and a sunken well, filled with gravel, was built at the site, Courter said. About Vi feet a prison term and, in light of the chances of reversal, should be heard as to the reasons for continuing incarceration pending the trial court's decision." The appeals court said it was sending the case back to the trial judge because the upper court had no transcript of the trial itself to determine if a "continuous and single common event" served as the basis for charges against Minniecheske in both Clark and Shawano County. According to court records, the charges against Minniecheske involve the theft of two tractors from a Clark County farm in 1981. The tractors were later traced to farms in both Portage and Shawano counties. Besides being sent to prison on the theft charges, Minniecheske, 58, was also sentenced to two years in prison for two misdemeanors that carried penalty enhancers because he was found to be a habitual criminal, Shawano County Dist.

Atty. Gary Bruno said. Bruno said today that Minniecheske has completed his prison sentence for those convictions. WAUSAU (AP) An appeals court Tuesday opened the door for one-time Posse Comitatus leader Donald Minniecheske of Tigerton to be freed from prison. In a unanimous ruling, the 3rd District Court of Appeals said Min-niecheske's constitutional rights may have been violated when he was convicted in 1990 of stealing two tractors in 1981 and sent to prison for seven years.

The appeals court, in ordering Shawano County Circuit Judge Raymond Thums to review evidence against Minniecheske, said that when theft charges were dismissed against Minniecheske in Clark County, it may have precluded him from being prosecuted on the same charge in Shawano County. The U.S. Constitution forbids what is called double jeopardy being tried for basically the same offense twice. "We urge the trial court to recon-sider the question of Minnie-cheske's bail pending resolution of the double jeopardy issue," the three-judge appeals court said. "Minniecheske is currently serving v.

Betty Schilling photo Prom royalty Reigning at the recent Junior Prom at Chilton High School were Chris Hail and Cathy wmmmmwm Industrial park site sale recommended By Dan Wilson Post-Crescent staff writer nOO 48 HOURS Cons, scams, and swindles! Join Tom Milbourn and Erin Davisson, the leaders in local news. A a Jr. 1 5 payments would be about $17,000. And aren't we setting a precedent here by putting in a railroad siding that would benefit an individual business?" "Industrial development is going to involve some kind of assistance to make things happen," replied Overby. "There are some future benefits to this program.

This certainly isn't the first time we've done this." Overby added the financing would be handled by the CDA because legally, the city is not allowed to directly aid a private enterprise. "But by agreeing to the siding, we are agreeing to the city doing it," said Aid. Maureen Jorgensen. "I don't feel comfortable supporting this because I don't understand why the city would give up its legal right for the financing. The $50,000 to spend on the railroad siding I don't think should be the city's responsibility." "We are getting hung up on semantics," said Overby.

"We are going to sell the land for $100,000 and do $50,000 of site work. It's a sale with the site work being done by the City of Waupaca. Who is doing it is totally irrelevant. We are allowing a business to expand out in the industrial park. That's really what it amounts to.

The legalities will be looked at by the attorneys." "But the concept says the city should spend $120,000 and sell it for $100,000," replied Jorgensen. "If you don't put those roads and sewers in there the rest of the park is worthless," said Overby. "The $70,000 is a totally separate issue." The committee approved the plan on a 4-1 vote with Jorgensen dissenting. The plan now must go to the full council for approval. 6:30 Wheel of Fortune 7PM Royal Family 7:30 Davis Rules 8PM Jake And The Fat man 9PM 48 Hours ffl WAUPACA The city Finance Committee Tuesday gave its approval to the sale of a parcel in the industrial park to a local firm for $100,000, but the city may end up $20,000 poorer.

The sale carries with it the contingency the city extend municipal services and make improvements costing $120,000. According to the plan recommended by the committee, the city would sell a 20.7-acre parcel in the industrial park to Faulks Brothers Construction. Faulks Brothers is expanding its bagging operation and would employ about 45 people in five years. The site is just east of the National Guard Armory across Spindt Drive. Faulks would also lease a building on the Royal Oaks site for $10,000 a year.

According to the proposal, the city would then spend approximately $70,000 for extending Spindt Drive and water and sewer lines. The city is also being asked to spend $50,000 toward a railroad siding on the property. The site lies within the industrial park TIF district. Any tax revenues would have to go toward retirement of the TIF debt. Archie Overby, a member of the Community Development Authority, which is promoting the plan, said it would be a good deal for the city in the long run, but the numbers didn't add up for some of the committee members.

"I don't see a break-even here, or a self-sustaining project," said Committee Chairman William Parker. "It looks to me like it would generate about $13,000 in taxes but the fShops FROM PAGE 1 opened the retail store on March 28. Currently, their products are marketed by agencies in New York and Illinois for several store chains in the East and Illinois. Shaw said they hope opening the store here would help to open up the notoriety of their product in Wisconsin. Something not exclusive to New London but which has attracted all ages from a wide array is the extensive array of trading cards, T-shirts and baseball-style caps at the Graphic Sports store.

The family business, owned by Glen, Barb and Ben Bersie of New London, also started because their business grew too large to operate from their home. They started selling the trading cards and T-shirts from their home and Barb got into printing. The combination of these interests made them decide to open the Graphic Sports store, which will be celebrating its first anniversary in May of this year. When asked how they can compete with larger stores in their line of business, 16-year-old Ben said, "Our prices are better than in the malls." FinWorld also attracts both young and old with its variety of fish species. Ron and Betty Merry-field decided to start their business five years ago, saying their goal is to "help people understand how to take care of their fish and understand what they've got." Betty said it's important for them to be knowledgeable and know the background of fish types to keep clientele.

Dona Gabert, executive vice president of the city's Chamber of Commerce, said people are demanding more uniqueness and personalized service, which makes the specialty shops a necessity. Gabert says the chamber is "continuing to seek out small shops to fill a niche in the community." Kratz named prosecutor in Calumet County MADISON Kenneth Kratz, 31, a La Crosse County assistant district attorney, has been named Calumet County district attorney by Gov. Tommy Thompson. Patricia Reuter, an aide to the governor, said Kratz was interviewed Monday and the governor offered him the position Tuesday night. The appointment is effective Aug.

1, the same day that Dist. Arty. Donald Poppy becomes County Circuit circuit judge, replacing retiring Judge Hugh Nelson. Kratz, a native of Milwaukee, has been an assistant district attorney for La Crosse County since 1987. He also has two years' experience as an assistant city attorney for La Crosse.

He said that while he handles all types of cases, his specialties are drug-related cases and child sexual abuse cases. He is a graduate of the Marquette Uniniversity Law School and currently lives in Onalaska. He is married and has one child. His term expires at the end of the year, which means he will have to run for election in November. Kratz said he intends to seek a house in the Calumet County portion of Appleton.

Kratz was the only applicant for the post. Winnebago County Assistant Dist. Atty. Thomas Gritton had considered submitting his name, but said earlier this week he had decided that for family and other reasons the timing was not right. He said he wanted to continue as a Winnebago County prosecutor and did not want to relocate from the Town of Menasha, where he has lived the last three years.

1 rjZ3 WFRVTV Ik '1 New recreation director making plans at Brillion BRILLION Roger Herried, the new park and recreation director, says he finds the people of Brillion "friendly and so willing to help, Where will your kids learn about sex? From school. in the back seat of a car? Your kids need the facts. Learn how to talk about this important subject. and I appre date that." game. Herried plans to add a playgrounds activity for children ages 2-5 which will include arts and crafts and games.

Herried enjoys many sports and outdoor activities like fishing and rock climbing. During his senior year at Whitehall High School he was named the outstanding athlete of the year. His other hobby" is the National Guard, where he is a second lieutenant in the engineering unit. Herried has already begun to make himself part of the community by joining the Optimist Club and being part of the Chamber of Commerce. The best way to meet the people is to get involved," he said.

Herried, who is from Whitehall and received his degree in park and recreation administration from Universi ty of Wiscon- sin-LaCrosse in 1990, began Herried his duties last week. He previously worked at Trempealeau County Health Care Center as a recreation programmer. "Right now I'm working at setting up the programs," Herried said of his first week on the job. We are a couple of months behind with lifeguard staffing, and T-ball." He said he will be looking at the programs, including trips to Great America, Milwaukee Zoo, Wisconsin Dells and a Brewers baseball Purchase your Summer wardrobe now and we'll line the pockets for you! (Consider it a classy way to offer a bribe!) TWO TIMELY EVENTS TWO DAYS ONLY! Spring Check-up 0U joar air coaditioning tyiUm operating at top efficiency? Have an 1 1 -point tune-up on your air conditioner and receive a 82S Smart Money MEN'S NEENAHAPPLETON Purchase any suit or sport coattrouser combination from stock and we'll in your pocket. Purchase any pair of Allen Edmonds shoes from stock or special ordered, and we'll put $50.00 in your pocket.

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