ARGYLE - A business owned by a Darlington woman has forced the village of Argyle to consider whether a fixture of the community should be torn down by the municipality or if the dilapidated building can still be razed by the owner per an order issued Oct. 11.
Village Inspector Mike Fenley of Fenley Total Inspections in Mineral Point was the person who gave the order to raze the building at 109 S. Broad St.
"It's in pretty bad shape," Fenley said.
He inspected the building Sept. 20 to find it "old, dilapidated and out of repair" and deemed it "dangerous, unsafe, unsanitary and otherwise unfit for human habitation" in the raze order. He noted that the cost of repairs was unreasonable per Wisconsin statute 66.0413(1)(c) and ordered demolition be completed no later than Dec. 15.
Except that didn't happen. The owner, Lisa Klein of Hometown Properties of Argyle LLC, has not yet torn down the former school building considered to be a public nuisance by Argyle code chapters 405 and 465.
Klein had been given warning an inspection was needed. In an affidavit submitted to Lafayette County Circuit Judge Duane Jorgenson Sept. 5, Fenley explained the need for a Special Inspection Warrant through Village Attorney R. Scott Jacobson. Fenley testified a request was sent via letter to Klein on July 13, asking that she contact Jacobson for permission to enter the building.
Fenley had asked to inspect the inside of the building because the exterior condition showed the building was in violation of code and he said the "deterioration of the Property has reached the point where it is so dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use." Jacobson said on July 21 Klein's husband, Tom Klein, contacted Jacobson to specify that he and Lisa had not yet decided on allowing access to Fenley. Two weeks later, Jacobson told Fenley he had still not been contacted, which meant the village had been refused entry.
Jorgenson signed the special warrant Sept. 12 and an inspection by Fenley followed, leading to the raze order. But Lisa Klein said the village representatives basically broke into the building with no warning, cutting off a padlock and leaving the building unlocked.
Tom Klein submitted a writ to the court Nov. 2, which requested a hearing with Jorgenson to explain the situation from his point of view, specifically indicating that "a false affidavit was presented" and that the outside of the building is the same as it was when built in 1904.
Tom Klein accused Fenley of entering without permission because the warrant was not presented to him, saying he told Jacobson that Fenley could inspect the building July 21 if a warrant was presented to Tom himself. Court documents submitted by Jacobson on behalf of the village specified that Lisa Klein was served the raze order just after 2 p.m. Oct. 18 at her business Hometown Helpers LLC on Heritage Lane in Belleville.
Village Clerk Sandra Flannery said a Tax Increment Finance District was set up to encapsulate the school building and the southern blocks down to the Pecatonica River bridge after a vote by the majority of the board during a special session meeting in July 2012. The district was established to aid the Kleins' plans for a Hometown Assisted Living facility as part of the couple's corporation.
Flannery said the current owners have had the parcel for roughly a decade, though he was unsure when it was purchased from its previous private owner. Though the TID still exists, Flannery said during the course of developing an agreement as part of the district formation, the Kleins were unable to meet requirements asked of them and did not understand the incentives would require repayment.
Lisa Klein said she invested more than $230,000 in an effort to establish an assisted living facility with a memory care wing on the eight-block parcel of land she purchased in 2011. She expressed frustration at the village's dismissal of a project she spent time organizing through the acquisition of investors and permits and conducting feasibility and marketing studies.
"I was going to bring in 29 new jobs," Lisa Klein said. "Everything was a win. You know what they told me? They said they knew I was going to fail. They won't even talk to us (now)."
A sticking point, she said, was a stipulation in the development agreement prohibiting the sale of the building to a nonprofit at any future point.
Lisa Klein said proof of the stability of the project was exhibited through the appearance of Eric Glewen, senior vice president of business banking at Oostburg State Bank, at a village proceeding to outline the plans. She said Pat McGuire of Highland-based P.A. McGuire Construction even planned to provide HVAC and piping for no cost in exchange for an 8 percent investment in the business.
Klein said she and her husband tried to keep up with building maintenance, but debt she took on when trying to organize the facility have made it difficult.
"I'm not going to let them take my building from me," she said.
The building has not yet been torn down but shows clear signs of wear. The long lines of windows on the two-story section show faded designs, a few missing glass, leaving the interior exposed to the elements. During heavy rain Monday, substantial leaking could be seen constantly streaming from the first-floor ceiling, which had a number of holes, into a room with dilapidated walls and torn-up floors.
The concrete steps - once the pathway for young minds - are filled with weeds, and the top step before the entrance shows graffiti sprayed onto the cement, as do some doors. Built in 1904, the original brick was put in place by early settler James Waddington, who also built the currently used community building a block over. More space was added to the school decades later. The two- and three-story building was used as a high school until the 1970s.
Resident Tom Ellefson, a member of Historic Argyle, has been advocating for action on the location he said serves as a blemish on a promising community he cares greatly about.
Ellefson said since Argyle Village Board member Bill Johnson publicly declared intent to fix the ongoing issue of the old school building, Ellefson and fellow historical society member Dallas Augustine have been hopeful action would be taken to improve the space.
"What we'd like to see is a commitment by village officials to move as fast as possible," Ellefson said. "It's been an eyesore for far too long. We deserve better."
He added that he understands it would cost money and require difficult choices by local representatives, but he feels the village consensus is that the issue of what to do with the failing building has dragged on long enough.
"It just seems to me like a tremendous insult to our generation to say our ancestors did that, built that beautiful school, and we can't even get it torn down," Ellefson said. "I'm not unique in that feeling. It's just a really, kind of, tragic thing."
Argyle Village Board President Jim Larson said members are waiting to be fully informed of options by Jacobson.
"Everyone would like to see something done, but it's something where we have to look at any and all options before we decide," Larson said.
The ongoing agenda item will be a topic of discussion during the next board meeting, Larson said, which will be Feb. 7.
Village Inspector Mike Fenley of Fenley Total Inspections in Mineral Point was the person who gave the order to raze the building at 109 S. Broad St.
"It's in pretty bad shape," Fenley said.
He inspected the building Sept. 20 to find it "old, dilapidated and out of repair" and deemed it "dangerous, unsafe, unsanitary and otherwise unfit for human habitation" in the raze order. He noted that the cost of repairs was unreasonable per Wisconsin statute 66.0413(1)(c) and ordered demolition be completed no later than Dec. 15.
Except that didn't happen. The owner, Lisa Klein of Hometown Properties of Argyle LLC, has not yet torn down the former school building considered to be a public nuisance by Argyle code chapters 405 and 465.
Klein had been given warning an inspection was needed. In an affidavit submitted to Lafayette County Circuit Judge Duane Jorgenson Sept. 5, Fenley explained the need for a Special Inspection Warrant through Village Attorney R. Scott Jacobson. Fenley testified a request was sent via letter to Klein on July 13, asking that she contact Jacobson for permission to enter the building.
Fenley had asked to inspect the inside of the building because the exterior condition showed the building was in violation of code and he said the "deterioration of the Property has reached the point where it is so dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use." Jacobson said on July 21 Klein's husband, Tom Klein, contacted Jacobson to specify that he and Lisa had not yet decided on allowing access to Fenley. Two weeks later, Jacobson told Fenley he had still not been contacted, which meant the village had been refused entry.
Jorgenson signed the special warrant Sept. 12 and an inspection by Fenley followed, leading to the raze order. But Lisa Klein said the village representatives basically broke into the building with no warning, cutting off a padlock and leaving the building unlocked.
Tom Klein submitted a writ to the court Nov. 2, which requested a hearing with Jorgenson to explain the situation from his point of view, specifically indicating that "a false affidavit was presented" and that the outside of the building is the same as it was when built in 1904.
Tom Klein accused Fenley of entering without permission because the warrant was not presented to him, saying he told Jacobson that Fenley could inspect the building July 21 if a warrant was presented to Tom himself. Court documents submitted by Jacobson on behalf of the village specified that Lisa Klein was served the raze order just after 2 p.m. Oct. 18 at her business Hometown Helpers LLC on Heritage Lane in Belleville.
Village Clerk Sandra Flannery said a Tax Increment Finance District was set up to encapsulate the school building and the southern blocks down to the Pecatonica River bridge after a vote by the majority of the board during a special session meeting in July 2012. The district was established to aid the Kleins' plans for a Hometown Assisted Living facility as part of the couple's corporation.
Flannery said the current owners have had the parcel for roughly a decade, though he was unsure when it was purchased from its previous private owner. Though the TID still exists, Flannery said during the course of developing an agreement as part of the district formation, the Kleins were unable to meet requirements asked of them and did not understand the incentives would require repayment.
Lisa Klein said she invested more than $230,000 in an effort to establish an assisted living facility with a memory care wing on the eight-block parcel of land she purchased in 2011. She expressed frustration at the village's dismissal of a project she spent time organizing through the acquisition of investors and permits and conducting feasibility and marketing studies.
"I was going to bring in 29 new jobs," Lisa Klein said. "Everything was a win. You know what they told me? They said they knew I was going to fail. They won't even talk to us (now)."
A sticking point, she said, was a stipulation in the development agreement prohibiting the sale of the building to a nonprofit at any future point.
Lisa Klein said proof of the stability of the project was exhibited through the appearance of Eric Glewen, senior vice president of business banking at Oostburg State Bank, at a village proceeding to outline the plans. She said Pat McGuire of Highland-based P.A. McGuire Construction even planned to provide HVAC and piping for no cost in exchange for an 8 percent investment in the business.
Klein said she and her husband tried to keep up with building maintenance, but debt she took on when trying to organize the facility have made it difficult.
"I'm not going to let them take my building from me," she said.
The building has not yet been torn down but shows clear signs of wear. The long lines of windows on the two-story section show faded designs, a few missing glass, leaving the interior exposed to the elements. During heavy rain Monday, substantial leaking could be seen constantly streaming from the first-floor ceiling, which had a number of holes, into a room with dilapidated walls and torn-up floors.
The concrete steps - once the pathway for young minds - are filled with weeds, and the top step before the entrance shows graffiti sprayed onto the cement, as do some doors. Built in 1904, the original brick was put in place by early settler James Waddington, who also built the currently used community building a block over. More space was added to the school decades later. The two- and three-story building was used as a high school until the 1970s.
Resident Tom Ellefson, a member of Historic Argyle, has been advocating for action on the location he said serves as a blemish on a promising community he cares greatly about.
Ellefson said since Argyle Village Board member Bill Johnson publicly declared intent to fix the ongoing issue of the old school building, Ellefson and fellow historical society member Dallas Augustine have been hopeful action would be taken to improve the space.
"What we'd like to see is a commitment by village officials to move as fast as possible," Ellefson said. "It's been an eyesore for far too long. We deserve better."
He added that he understands it would cost money and require difficult choices by local representatives, but he feels the village consensus is that the issue of what to do with the failing building has dragged on long enough.
"It just seems to me like a tremendous insult to our generation to say our ancestors did that, built that beautiful school, and we can't even get it torn down," Ellefson said. "I'm not unique in that feeling. It's just a really, kind of, tragic thing."
Argyle Village Board President Jim Larson said members are waiting to be fully informed of options by Jacobson.
"Everyone would like to see something done, but it's something where we have to look at any and all options before we decide," Larson said.
The ongoing agenda item will be a topic of discussion during the next board meeting, Larson said, which will be Feb. 7.