Thursday, February 22, 2024

Franklin Resident Alleges Mayor Nelson "Weaponized" Police Department as Political Payback

The following is a complaint sent to the Franklin Police Chief Craig Liermann and the Franklin Fire and Police Commission by Franklin resident Rich Busalacchi.  The complaint alleges Franklin Mayor John Nelson and/or city staff weaponized the Franklin Police Department as political payback for Nelson against Busalacchi during the February 21st Franklin Common Council Meeting.

Below is Busalacchi's full letter to Chief Liermann and the Franklin Fire and Police Commission.


February 22, 2024


Dear Police Chief Liermann and Members of the Fire and Police Commission,


I am Richard Busalacchi.  The reason for me reaching out to you today is to describe an incident that occurred at the Franklin Common Council meeting last night, Wednesday, February 22.  I am hoping to have a meeting with Chief Liermann to obtain some very direct answers to the incident concerning myself which appears to have been politically motivated by the Mayor and/or someone in the City Administration.  I would like to state from the outset that NONE of my comments are a reflection on ANY Police Personnel as I believe they were following orders from their superiors and/or a city official(s).


Report of Incident


At approximately 6:20pm last night I arrived at City Hall.  Upon my arrival, parked out in front of the main entrance, was an unmarked squad car with its blue and red lights on (not flashing).  I have seen squads park there before but first time I have ever experienced it with lights on.  I entered City Hall and made my way to the Council Chambers.  At the entrance of the chambers was Mayor Nelson talking to Officer Thompson (I would later learn the name of the officer).  As I entered the Mayor said Hi Mr. Busalacchi, shook my hand and made a comment similar to “I hope you are going to behave tonight”.  I responded thinking the comments were intended to be funny “maybe”.  I then went and took a seat in the audience as I was intending on making public comment pertaining to the outstanding taxes owed by ROC Ventures and the agenda item on TID#5.

About 6:23pm, 3 minutes later, officer Thompson approached, tapped me on the shoulder, and asked me to step in the hall with him.  In the hallway Officer Thompson cautioned me to be careful about my remarks so as not to cause a disruption.  He also indicated that it has been reported that I have caused disruptions and disturbances at past common council meetings.


I then went back to my seat.  I was the second citizen to make a public comment.  You can see my comments on the video of the meeting at the 4:35 mark. 


Before my comments I indicated to the Common Council that I was pulled out by the officer and informed the council of the harassing actions and suppression of speech.  I presented my prepared statement to the council and took my seat.


About five minutes later, still being disturbed by what had transpired, I went to the entrance of the chambers where the officer was and asked him if he could come into the hall with me.  He was very polite and came out with another unnamed officer.  I indicated to the officer that what I am about to say he should not take personally as it IS NOT a reflection of anything he had done as he had followed someone's directive and I take no umbrage with him.  I asked him where he received information that I would be causing a disruption at the meeting tonight.  He indicated he was not able to share that with me.  I then asked him for his name and badge number.  


I then left City Hall and drove to the Police Station, arriving at 6:55pm.  I asked to speak to the desk Sergeant and was told that he was just taking his shift and would be with me shortly.  The Sergeant came out about 7:30pm and we went into the meeting room.  I explained to the Sargent what had transpired and I wished to file a complaint against the Mayor for harassment and lying to a police officer.  The Sargent and I pretty much agreed to disagree on filing a report. 


The Sargent went down a line of questions about my past history with the Mayor and individual perceptions of what people have about me that they may consider causing a disruption and going over the line.  I indicated to the Sergeant I have NEVER caused a disruption or gone over the line at any meeting.  I encouraged the Sergeant to speak to any common Council Member and watch the Videos of the meetings I have attended.  After about 20 minutes of discussion the Sergeant indicated that he was not going to file a report but submit it in the CAD file.


About 8:00pm I left and went home.  Approximately 9pm I received a call from the Sergeant indicating that he talked to Officer Thompson.  The Sergeant indicated to me that Officer Thompson indicated to him that he received a tip that I might be there and might cause a disruption.  I asked the Sergeant what was the source of the tip and he indicated he could not share.  The Sergeant also indicated that the Officer was correct in speaking to me to be “proactive”.  Finally the Sergeant indicated that he would be adding to the report that there was a “tip” that I would cause a disturbance.  The conversation lasted about 3 minutes.


Questions I am seeking answers to in a meeting with the Police Chief Liermann

  1.  Specifically who asked for the officers to be at the Common Council Meeting?

  2. Why were the lights (blue and red) on in the unmarked squad?  What was that to accomplish?  Have lights ever been on the squad before at the Common Council Meeting?

  3. Who specifically did the “tip” emanate from that I was going to cause a disturbance?

  4. How did the Police know I was going to be there as I made the decision to attend at 5:30pm.

  5. When was the squad dispatched to City Hall?

  6. How did Officer Thompson know who I was?  I have never met him before.

  7. Based on what past actions was this action toward me predicated on?

  8. Was there/is there any evidence that I ever caused a disruption at the Common Council or any other Franklin meeting?

  9. Has any other citizen ever been informed by a Police Officer, prior to public comment, to watch what they say and do?


Concerns

I am deeply troubled and concerned that the actions taken last night by the Franklin Police Department were politically motivated by Mayor Nelson and/or a member of his Administration.  It was very apparent and clear that I was the target of this ”operation” and it was intended to intimidate and harass me in an attempt to suppress my public comments.  It is also apparent that the Mayor and/or someone from his administration lied to the Franklin Police Department with knowingly false information about me. If any Common Council member is questioned none will say that I EVER caused a disruption at any public meeting.  I may have told a couple people exactly what they did not want to hear, but never ever caused or created a public disruption.  Additionally, all Common Council meetings are on video and committee meetings are on audio. I have been present to about eight (8) common council meetings and committee meetings so watching the video tapes or listening to the audio would be pretty easy to prove.  Additionally, I did not make the determination to attend the Common Council meeting until about 5:30pm that evening and no one but my wife and son were aware I was attending.


It is my contention that last night's actions by the Franklin Police Department is political payback.  Political payback on behalf of Mayor Nelson and/or his staff and/or other politicians and/or business associates.  It was direct retaliation, intimidation, suppression of speech (during public comment), and infringement of my 1st amendment rights.  This political payback was intended because of filing open records requests, conducting meticulous research, and writing and posting articles that do not portray Franklin current city leadership and certain local businesses in the best light.  John Nelson is not just the Mayor he is also a Police Officer in Waterford and should have known better.


Request

I respectfully ask the Police Chief and Police and Fire Commission to:

  1. Conduct an investigation to determine if the Franklin Police Department acted in such a manner that it was used as a political weapon by the Mayor of Franklin and Franklin City Administration as political payback against a Franklin resident.

  2. Determine if the Police were lawfully called to the Franklin City Hall.

  3. Identify if Franklin Mayor John Nelson and/or City Administrator intentionally lied to staff of the Franklin Police Department about false allegations pertaining to me wanting to disrupt the Common Council Meeting.

  4. Identify if the Police Department was provided a credible “threat” of disruption at the meeting.

  5. If charges are warranted that Mayor John Nelson and/or implicated Franklin City Staff are charged with Harassment, filing a false police complaint, and lying to a Police Officer.


Thank you for your time and consideration in this matter.  I look forward to hearing from the Chief and the Commission.


Regards,

Richard Busalacchi


Monday, February 19, 2024

Mike Zimmerman and ROC Ventures Owe Franklin $1,022,000 for 2023

 

On Wednesday, February 21 the Franklin Common Council meeting at 6:30pm will take up two issues in closed session pertaining to shortfall payments, payments in lieu of taxes, investing of public funds and the modification of TID #5 to incorporate BadAx development, Vitalogy, and Poths, All Mike Zimmerman related developments.  Items #39 and #40 on the Council Agenda.

In 2016 Steve Taylor as former Franklin Alderperson and then also Milwaukee County Supervisor led the charge to push Ballpark Commons thru the County Board and the City of Franklin.  Taylor helped develop TID#5 for Ballpark Commons.  In recognition for his efforts, the ROC Foundation was created and Zimmerman provided Taylor with a $70,000 a year job.

According to public records from the City of Franklin on December 19, 2023 ROC Ventures was invoiced $87,314.68 for payment in lieu of taxes as part of the TID #5 Development agreement for Ballpark Commons.  Additionally ROC Ventures received another invoice for Shortfall on Debt Service from the City of Franklin on December 19, 2023 for $934,935.82.  Both invoices totaling $1,022,250 were due on January 18, 2024.

The table below shows how the shortfall in debt service owed by ROC Ventures was calculated

City of Franklin, WI
Ballpark Commons Minimum
Assessment Guarantee
2023 Tax Year
Due in 2024
Guarantee$112,000,000.00
Value Increment (with Base Value)$70,615,600.00
Value Increment (LESS) Base Value)$67,571,700.00
Shortfall (with Base Value)$41,384,400.00
Shortfall (LESS Base Value)
Debt Service - Principle
2019A$10,680,000.00$1,000,000.00
2019C$4,045,000.00$225,000.00
2020A$9,454,000.00$200,000.00
2019C$3,225,000.00$125,000.00
Total Debt Service Principle - 2023$27,404,000.00$1,550,000.00
Debt Service - Interest
2019A$10,680,000.00$288,725.00
2019C$4,045,000.00$92,978.75
2020A$9,454,000.00$178,335.00
2019C$3,225,000.00$79,163.75
Total Debt Service Principle - 2023$27,404,000.00$639,202.50
Total Debt Service -2023$2,189,202.50
TID Increment
Tax Levy Increment$1,166,952.00
Payment in Lieu of Taxes$87,314.68
TOTAL Increment$1,254,266.68
Shortfall on Debt Service$934,935.82

On March 1 the CITY writes a check to bond holders in the amount of $2,189,202 to make interest and principal payments on the bonds that financed the infrastructure for Ballpark Commons.  Of that $2.2m, Property taxes collected covers $1,254,266 leaving the $1,022,000 to be covered by Zimmerman and ROC Ventures.  Based on Zimmerman wanting to make arrangements with the city, he does not have the cash to pay.  If Zimmerman doesn't cover it, you, I and the rest of the Franklin taxpayers will. 

The table shows clearly that ROC Ventures owes the City of Franklin almost $1M short fall for last year as a result of Ballpark Commons not creating the minimum tax increment for 2023.  When will the City stop the madness?  The city needs to STOP spending money like it is an endless stream.  

If more time is granted to Zimmerman and ROC Ventures to pay the shortfall payment (actually, $1.2M) the TAXPAYERS and the City General Fund will need to pay it.

On top of this Zimmerman, ROC Ventures and partners (BadAx development, Vitalogy, and Poths) want to modify the TIF to probably incorporate or expand it to include these developments.  

Will Mayor Nelson, and some members of the Common Council say NO MORE!  No more approvals of anything for Zimmerman or ROC Ventures until all bills are paid in full.

Remember Mayor Nelson is now the Mayor and this issue is squarely in his lap, his decision.  This is why Nelson's campaign election team consisted of Steve Taylor,  Mike Zimmerman, Kelly Hersh (Nelson Appointed Director of Administration), and a few others.

Maybe before there are any other agreements with Zimmerman, Taylor and ROC Ventures the Mayor could address the sound and other issues as he promised that have not yet happened.  Remember this is the Mayor that sat by in a secret meeting where he allowed Taylor, who really has no role in the operation of the Rock, as he works for the non profit ROC Foundation, to call residents of Franklin "Fuc*ers", and called County Supervisors "Terrorists".

Please FOR THE GREATER GOOD OF FRANKLIN attend the meeting on Wednesday and let your voices be heard.

The City of Franklin and Mayor Nelson BOUGHT AND PAID FOR BY Mike Zimmerman, Your County Supervisor Steve Taylor, and ROC Ventures.  Remember ......according to the ROC Foundation webpage ROC Stands for - Return on Community!

In case you are interested, County Supervisor Steve Taylor and ROC Executive Director involvement in Ballpark Commons/ROC Ventures since 2008

  • Time Line of Mr.Taylors Voting and Business Activity Record Franklin Alderman, Milwaukee County Supervisor, Steve Taylor Consulting, LLC and ROC Foundation Executive Director.

    • April 2008-2014 - Steve Taylor, Franklin Common Council President

    • April 2012 - Steve Taylor Elected Milwaukee County Supervisor

    • May 15, 2012 - County Supervisor Taylor Appears before County Committee on Parks recreation and Culture submitting an informal report regarding a proposal to develop athletic fields at Crystal Ridge.

    • April 4, 2016 - Franklin Alderman Taylor moved to adopt ordinance to amend section of the Unified Development Ordinance Planned development District to revise the district and to expand the district to encompass certain adjacent area lands to create the “Ballpark Commons” Sports Anchored Mixed Use.  Motion made by Alderperson Mayer to amend motion - Taylor Voters No Motion Carried. Roll Call vote to adopt Taylor votes Aye - Motion Carried.

  • April 4, 2016 - Franklin Alderman Taylor moved to adopt an Ordinance to amend the City of Franklin Comprehensive Master Plan of Franklin 2025 Future Land Use Designations for properties at 7900 west Crystal Ridge Drive (Ball Park Commons).  Taylor Votes Aye.  Motion Carried.

  • April 26, 2016 - Taylor registers Steve Taylor Consulting, LLC specializing in “government relations, zoning, construction permits, tax credits, tax incremental financing, property values and all other areas involved in the intersection between business and government”.

  • September 6, 2016 - Franklin Alderman Taylor moved to adopt resolution approving the project plan and establishing the tax boundaries for the creation of Tax Incremental District #5 for Ballpark Commons.  Motion amended to provide all non-taxable property in the district.  Second by Tayler.  All voted Aye Motion Carried.  Mayer moved to add $100,000 for 5 years for water and air quality.  Taylor second and withdrew.  Mayer withdrew motion.  Mayer moved to amend motion to provide a project plan with provision of air and water quality monitoring.  Second, Taylor all voted Aye.  On the vote for the main motion to adopt, all voted Aye.  Motion carried.

  • September 6, 2016 - Franklin Alderman Taylor moved to place on file the value engineering process status for the Ballpark Commons Project.  All voted Aye.  Motion carried.

  • February 21, 2017 - Franklin Alderman Taylor moved to receive and file the status report regarding the Ballpark Commons Development.  All voted Aye.

  • September 28, 2017 - Milwaukee County Director of Economic Development, Department of Administrative Services requests Milwaukee County Board authorization to enter into a contribution and participation (Trust) agreement with Ball Park Commons County Land, LLC for the sale of the Crystal Ridge landfill and authorization to execute a new lease.  Motion made by Weishan to refer to corporation counsel for legal opinion.  Taylor votes No.  Motion failed.  Motion made by Weishan that report be referred back to the committee on finance and audit.  Taylor votes No  motion Failed.  Motion made by West that action report be adopted.  Tayler votes Aye.  Motion Prevailed. 

  • September 2017 - News articles showing Taylor taking credit and his affiliation with Mike Zimmerman, CEO, ROC Ventures 

  • April 2018 - Steve Taylor not re elected as County Supervisor

  • August 26, 2019 - Mike Zimmerman has Tom Johns register ROC Foundation, Steve Taylor becomes Executive Director. 

  • April 2020 - Steve Taylor does not seek re-election to Franklin Common Council.

  • April 2022 - Steve Taylor re-elected as County Supervisor.



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