FRANKLIN COMMON COUNCIL CANNOT MAKE A DECISION - WILL SOUND INCREASE FROM 55db at ROC

Residents of Franklin and Greendale Concerned With Sound at Ballpark Commons attend the upcoming CITY OF FRANKLIN COMMON COUNCIL MEETING at FRANKLIN CITY HALL - COMMON COUNCIL CHAMBERS, 9229 WEST LOOMIS ROAD - FRANKLIN, WISCONSIN AGEND - TUESDAY SEPTEMBER 17, 2024 AT 6:30 P.M. 

When is a decision final that is made by the Mayor of Franklin and the Franklin Common Council when it concerns the ROC?  Sadly, the answer is there is never a final decision when it comes to the ROC.  They have special privileges from the City of Franklin, unlike any other person or business.

At the upcoming Common Council meeting on Tuesday, September 17, 2024, it appears that the ROC and its supporters on the Franklin Common Council are trying to undo the new ordinance that recently passed restrictions in their Extraordinary Special Event Permits that no sound beyond the ROC property line is greater than 55 decibels.

That's right, just when you thought it was over, and the ROC was going to follow the new ordinance, they are now again fighting it.

There are two items on Tuesday's Common Council agenda pertaining to the sound at the ROC.

Item #G3 - Entertainment and Special Event-Hills Have Eyes and  Item #G4 - Entertainment and Special Event-The Rock Summer Concert Series.

The unanswered question is WHO had the items placed on the agenda and WHY are they on the agenda?

There are two possibilities for the WHO put the items on the agenda.  The Mayor can place an item at any time on the agenda OR two alderpersons can force an item on the agenda.

The WHY is pretty straightforward.  Mike Zimmerman, Owner and CEO of ROC Ventures, and Steve Taylor, ROC Foundation Executive Director, County Supervisor, and undeclared Government Relations and Operations Director for the ROC do not like it when they cannot have their way and do whatever they want to.  Additionally, they want to set a president for next year.  Everyone is happy with 55 decibels.  Except for Mike Zimmerman.

Item #G4 - Entertainment and Special Event-The Rock Summer Concert Series.

The request for council action request to the Common Council indicates:

The Hills has Eyes was approved at the Common Council meeting of May 21, 2024 at a decibel level of 55. This is being brought back to review the decibel level limit for this special event.

The Hills has Eyes notes:
Hills Has Eyes has been in production for over 10 years.

In 2023 there were 23 complaints. Out of the 23 complaints, 13 were regarding sound at the Hills Has Eyes directly, which consisted of 6 households making those complaints.

The decibel level last year which was used by the planning department was the standard 79 dBA for daytime (before 10:00 p.m.) and 74 dBA for nighttime (after 10:00 p.m.).

Planning department received one sound monitor violation related to hours of operation. Also, the planning department while reviewing a complaint received on September 29, 2023, they noticed that the train horn was audible with a sound level 68 dBA, no violation found with the standard of 74 dBA (nighttime). 

The motion requested by the Common Council is open-ended

Motion to approve an established sound decibel level limit of _________for the Hils Has Eyes Special Event. 

The Extraordinary Event license that was approved by the City of Franklin on June 3, 2024, specifically indicates:

PENDING SOUND CHECK APPROVAL PRIOR TO EVENT. ALL DATES SUBJECT TO 55 DECIBEL LEVEL AT PROPERTY LINE FOR :

THE HILL HAS EYES HAUNTED ATTRACTION - FRIDAYS & SATURDAYS, 9/27/24 ­ 10/26/2024 BEGINNING AT 6:00PM. SPECIAL INSTRUCTIONS: BOX OFFICE TICKET SALES TO END AT 11:00PM AND MUSIC TO END AT 12:00AM. LAST GROUP TO ENTER AT 11:50 PM. NO TRAIN HORN.

FAMILY ORIENTED "NOT SO SCARY" EVENTS - SUNDAYS 9/29/24 - 10/27/24 2:30PM­ 4:45PM. 

Item #G4 - Entertainment and Special Event-The Rock Summer Concert Series.

The summer concert series which was approved at the Special Common Council meeting of May 30, 2024 at a decibel level of 55 is being brought back to review the decibel level for the remaining two summer concerts. 

The Extraordinary Event license that was approved by the City of Franklin on May 31 2024, specifically indicates:

SUMMER CONCERTS 2024: SATURDAYS IN JUNE, JULY, AUGUST, SEPTEMBER FROM 6:30 PM - 10:30 PM & JULY 4, SEPTEMBER 2 FROM 6:30 PM - 10:00 PM. ALL CONCERTS SUBJECT TO 55 DECIBEL LEVEL AT PROPERTY LINE; AND TO BE REVIEWED AND POSSIBLE ACTION TAKEN BY COMMON COUNCIL AT THE JUNE 18, 2024 COUNCIL MEETING. 

Franklin  Community News also reported On Thursday, August 22, Mike Zimmerman CEO of Rock Ventures posted a copy of a Notice of Citation issued by the Frankin Police Department on an exchange in a post on the Franklin Area Community Facebook Page.  The citation was issued for "A violation of the noise provision of an extraordinary event permit".  The Citation requires a Rock representative to appear in Franklin Municipal Court on September 25, 2024, at 8:30am.

The citation was issued for a noise violation on Saturday, July 27, 2024, at 7:48pm.  According to the Visit Ballpark Commons webpage calendar of events, there were two events on this day.  The Milwaukee Milkmen vs. Kane County Cougars at 6pm and Generation Z performing at the Umbrella bar at 6:30pm.

On February 17, 2024, Franklin Community News published an article titled "Konstanktakis Supported by Steve Taylor for Franklin Municipal Judge". As FCN has reported Milwaukee County Supervisor Steve Taylor is also the Executive Director of the ROC Foundation, a Foundation based upon reported reviews of ROC Foundation tax returns, that makes no money and donates no money.  Taylor and Franklin Mayor John Nelson both supported Konstanktakis's run for Municipal Judge.

The ROC pushed the envelope with sound at the Red White and Brews event
clipping at 92 decibels.  At the Tuesday, September 3rd Franklin Common Council meeting, in the first 20 minutes during public comment, about 10 residents spoke about the sound from the latest event on Saturday, September 1, 2024.  The event was titled "Red, White, and Brews Festival".  Many residents had printouts from the sound monitoring unit that indicated the sound was between 65 and clipped as high as 92 decibels.  A copy of the permit provided by a citizen indicated the sound was approved at 55 decibels.  The citizens commented when the Rock was contacted about the sound, that their response was "We are not abiding by that".  The 55 decibels were also confirmed by Mayor Nelson.

Once again it appears that the laws and ordinances in the City of Franklin are for you and me, but not the Rock.  No this is not "Let's Hate the Rock".  This is, for all that is good Rock, can't you just follow the laws and ordinances like everyone else?  Why do you deserve a special pass, unlike any other resident or corporation that blatantly breaks the law?

Rock supporters are concerned that Mr. Zimmerman will receive another citation for breaking the sound limit in the ordinance and as approved on his license. In a post made on the Franklin Area Community Page on September 3, 2024, Chrisn Cindy Dawes invoked that because this was a fund-raiser for the veterans and for the Fischer House, Mr. Zimmerman should not be fined.  Well done Chrisn Cindy Dawes, well done.  The only thing you did not do was talk about the American flag and apple pie!  

This is NOT about the Veterans or the Fisher House.  Most anyone supports veterans for putting their lives on the line every day to provide this county our freedoms and the Fischer House is an exemplary organization providing housing for veterans.  How dare you use veterans and the Fischer House as a reason to justify Zimmermann's lack of respect to follow the laws and ordinances of the city of Franklin.  Most veterans have respect for authority and the law, unlike Zimerman.  It's also amazing that the ROC Foundation led by County Supervisor Taylor was not part of the fundraising effort.  Oh never mind....the ROC Foundation would need to do something charitable other than pay the salary of County Supervisor Taylor.

The moment of truth will be on September 25, 2024, if now Judge Konstanktakis will uphold the rule of law and hold the Rock (Mike Zimmerman) finally accountable or if she will let the violation slide as part of the Franklin political payback and corruption to Taylor and Nelson for working to have her elected. Also remember that Taylor, Zimmerman, and Kelly Hersh, the Franklin Director of Administration were on the campaign team to have Nelson elected Mayor.  Political Payback?  Pay for Play?

Residents of Franklin and Greendale Concerned With Sound at Ballpark Commons attend the upcoming CITY OF FRANKLIN COMMON COUNCIL MEETING at FRANKLIN CITY HALL - COMMON COUNCIL CHAMBERS, 9229 WEST LOOMIS ROAD - FRANKLIN, WISCONSIN AGEND - TUESDAY SEPTEMBER 17, 2024 AT 6:30 P.M. 

The City of Franklin is bought and paid for on behalf of John Nelson by ROC Ventures, ROC Foundation, Mike Zimmerman and Steve Taylor.