Data center foes launch campaign to recall mayor

Port Washington voters could find themselves at the polls more than once this spring regarding two issues prompted by the controversy over Vantage Data Centers’ $15 billion Lighthouse Campus on the city’s far north side.

The Common Council on Tuesday agreed to place a question on the April 7 ballot that, if approved, would require binding referendums be held for future tax incremental financing districts requiring large capital expenditures or with a base value or project costs of at least $10 million.

The referendum, which was sought by the anti-data center group Great Lakes Neighbors United, was aimed at the TIF district that would fund $459 million in project costs and is key to the campus but will not affect the project because the city has already approved the district.

The group announced Tuesday that it has submitted paperwork to begin circulating a petition seeking to recall Mayor Ted Neitzke due to concerns about the way the data center proposal was and continues to be handled.

But even as these issues swirl, Vantage has started work on the data center campus.  A fleet of large earth-moving trucks has mobilized, with approximately 400 people doing grading and cutting the terrain to create a level site, Velia Tarnoff, director of public relations and media relations, said.

This work is expected to take until mid-January, when crews will start drilling auger pilings for the foundation, she said. 

Crews are not currently working around the clock, Tracye Herrington, Vantage’s vice president of new site development in North America, said, even through the Plan Commission decided to allow construction around the clock Mondays through Fridays and from 6 a.m. to 8 p.m. Saturdays and Sundays.

Vantage is “keenly aware” of public concerns about the round-the-clock hours, particularly noise and light pollution, she said.

“These extended hours (which will begin later in the project) are temporary, hopefully just through the winter to make up some time,” she said.   

Herrington announced that the Department of Natural Resources has completed its environmental analysis of the project, which examined water use, land impacts, overall sustainability and “left no stone unturned.”

“With our permits in hand, we mobilized our site work,” she said.

She also announced that Vantage is supporting efforts by local residents fighting the extension of power lines through the towns of Saukville and Fredonia, instead seeking to have the lines run along existing routes.

“We’ve been working very closely with American Transmission Co. for many weeks now,” Herrington said. “We’re hopeful the Public Service Commission (which selects the final route) comes to the same conclusion.” 

Opponents of the center, who have been vocal about their intention to recall Neitzke, gathered at Rotary Park Tuesday afternoon to announce they had turned in the paperwork to start the process. Sebastian Elischer of Port Washington told the Common Council at its meeting that he will file the remainder of the documents needed on Wednesday.

“It’s our joint belief the decision about the data center needs to be taken to the people of Port,” Elischer said.  “We believe there is growing evidence citizens are feeling they are being ignored. It’s time we say enough is enough.

“A recall is not easy. It’s a challenge. Now it’s in the hands of voters.”

Michael Beaster of Port added, “This is just one step in the fight. We’ll keep doing whatever we can. ”

When asked, Christine Le Juene of Port, who was among three women arrested and ticketed for disorderly conduct at the last Common Council meeting, said the issue isn’t about their arrest.

“It’s not about me,” she said. “It’s about First Amendment rights and the right of people to make a decision.”

Neitzke responded to the recall petition in a press release, saying he is committed to the city and the work of moving the community ahead while preserving its past. He cited his achievements in modernizing aging city infrastructure and stabilizing the community’s financial future, and said his administration has been open to all people and their voices, noting the city has held numerous meetings and interviews regarding the data center project.

Once Elischer submits the remaining paperwork and City Clerk Susan Westerbeke approves it, organizers have 60 days to circulate the recall petition and collect between 1,600 and 1,800 signatures of city voters — 25% of the qualified voters who cast ballots in the last gubernatorial election. 

If Westerbeke certifies the appropriate number of signatures — she said she’s working to determine the exact number needed — the city will schedule a recall election on the Tuesday of the sixth week following the certification.

Aldermen on Tuesday also agreed to place a binding referendum question regarding tax incremental financing districts on the spring general ballot, something Great Lakes Neighbors United sought via a direct legislation petition with 987 valid signatures.

Aldermen could have adopted a requirement that future TIF districts of more than $10 million be put up for referendum but opted to have residents decide the matter.

“This will have no impact on TID No. 5 created for the data center project,” City Attorney Matt Nugent said. “It would only be forward looking, not backward looking.”

Several aldermen, while commending the petitioners for their efforts, expressed reservations about the referendum question, which Nugent said is vague and may not be easy to enforce because of that. 

The city may not change the wording of the referendum question submitted by the petitioners and, if approved by voters, can’t amend the legislation for two years.

“The more I think about it, it’s unworkable,” Ald. Mike Gasper said. “This is just an invitation for lawsuits.”

Gasper brought up a scenario in which the city approved a TIF district with a cost of less than $10 million that it later changes to require an investment of more than that amount, saying it’s unclear whether the city would have to go to referendum then.

Ald. Deb Postl also questioned the question, noting that aldermen spend a significant amount of time vetting proposals while voters may cast ballots based on emotion.

She asked what would happen if a developer brought forth a proposal requiring a TIF district that is needed for the city but isn’t approved by voters. Then, she said, the city will need to borrow funds, increasing its debt and taxes and potentially impacting the city’s bond rating.

But the roughly 60 people at Tuesday’s meeting continued their quest to derail the data center and challenge officials.

“Hearing is not the same as listening. Listening is not the same as acting,” Port resident Tracy Finch said. “You have shown again and again you do not care about those who oppose the Vantage data center.”