Agenda of Whitewater Landmarks Commission Monday, June 7, 2010 – 5:00 PM
City Manager Conference Room 312 Whitewater St., Whitewater, WI 53190
I. Call to order & roll call
II. Approval of agenda and possible rearrangement
III. Approval of minutes of May 5, 2010 meeting
IV. Set date of next meeting Wednesday, July 7, 2010, at 5 PM
Old Business
V. Update on Train Depot renovation (Lashley)
VI. Update of possible moving or demolition of James and Ella Rockefeller House at 837 South Janesville Road (Scott)
VII. Certified Local Government Reports (Scott)
VIII. Discuss storage of original Birge Fountain figures
IX. Action on Landmark Commission Bylaws (McDonell)
X. Report from Friends of the Mounds 1. Mound survey and path 2. Whitewater Historic Preservation Day Tours
XI. Report from Joint Indian Mound Task Force, Park & Rec. Board and Landmarks Meeting Monday, May 10, 2010
XII. Discuss feedback from Historical Preservation Day Tours, library display, publicity, map brochure, etc.
1 Ideas(?) to implement
2 Thank you list
3 Ideas (?) for next year
New Business
XIII. Discuss possible removal of Skindingsrude Building, 413 West Main St., with parish representatives.
XIV. Discuss possible projects and events for 2010
1. Local Landmark Designations
XV.
A. Leon Pescheret House
B. Vivian Henderson’s House
2. Historic Districts
Future Agenda Items
1. Congregational Church Clock Tower
2. Whitewater Historical Survey Recommendations
3. Leaflets and Educational Materials
4. Report on the New Provisions of Chap. 17 (Scott)
A. Discuss establishing criteria for designation
B. List of possible items
XVI. Adjournment
Public Meetings
Park & Rec Board
by JOHN ADAMS •
Public Meetings
Whitewater University Tech Park Board
by JOHN ADAMS •
Recent Tweets, 5-30 to 6-5
by JOHN ADAMS •
RT @nature_org: Looking for new bike gear? Check out some eco-friendly options! http://nature.ly/axOAgJ
10:12 AM Jun 4th via Seesmic
RT @reasonmag: The Silver Lining of Cash for Clunkers: Studies in Stupid Stimulus Spending http://ow.ly/1TeLn
6:31 PM Jun 2nd via Seesmic
nature_org
Check out some amazing wildlife in our latest Natural Light slideshow! http://nature.ly/a4kf4w
1:35 PM Jun 2nd via CoTweet
Retweeted by you and 3 others
RT @IJ: SpeechNow.org can Speak Now: Fed. Court Declares Contribution Limits Unconstitutional And Enjoins FEC: http://iam.ij.org/coZdLP
2:38 PM Jun 2nd via Seesmic
RT @IJ: VICTORY! A city council in Wis. dropped plans to acquire a 94-year-old man’s farm through eminent domain: http://iam.ij.org/9JaVXy
8:51 AM Jun 2nd via Seesmic
RT @CatoInstitute: New bill would limit annual increases in overall federal spending. About. Time. http://bit.ly/caV5Ah
4:12 PM Jun 1st via Seesmic
Yes, it is: RT @CatoInstitute: Crisis is the logical outcome of the welfare state. Exhibit A: Greece. Exhibit B: Canada http://bit.ly/8YLq5e
2:14 PM Jun 1st via Seesmic
@IJ: There is a country where you must register w/the gov’t before speaking about politics. That country is ours: http://iam.ij.org/bB1Xvf
11:46 AM Jun 1st via Seesmic
Cartoons & Comics
Sunday Comic: Pearls Before Swine on Debating Techniques
by JOHN ADAMS •
School District
Private Alternatives as the Solution for Public Controversies
by JOHN ADAMS •
There’s a story at the ABC News website, entitled, “Politics of Education: New Texas Social Sciences Curriculum Standards Fraught with Ideology, Critics Say,” about the new public education curriculum in Texas. Some voters are upset that the public curriculum is too conservative.
I’ll not weigh in on what’s too conservative, or too liberal, in public schools…at least, not today. What’s more telling is how a system that taxes people for a public curriculum, establishes itself as a mandatory standard, and makes private alternatives hard to fund with whatever money money people have left will always foster controversy.
The answer is to make private alternatives easier to establish. Once that happens, there will be more alternatives, from among like-minded groups. There will also be fewer ideological controversies between the left and right in the public schools.
Economy
U.S. Economy: May Employment Gain Trails Forecast (Update1) – Bloomberg.com
by JOHN ADAMS •
I’ve contended that our economy, nationally and locally, remains week. The recent unemployment figures confirm that view. See, U.S. Economy: May Employment Gain Trails Forecast (Update1) – Bloomberg.com.
The details of the latest report reveal a grim picture:
American companies hired fewer workers in May than forecast and workers dropped out of the labor force, indicating government support is still needed to spur economic growth.
Private payrolls rose by 41,000, Labor Department figures showed today, trailing the 180,000 gain forecast by economists. Including government workers, employment rose by 431,000, boosted by a jump in hiring of temporary census workers….
“The labor market is extremely weak and has been in a mild recovery,” said Steven Wieting, managing director of economic and market analysis at Citigroup Global Markets Inc. in New York. “Policy makers need to be careful. No one should be taking stability for granted….”
Temporary census jobs accounted for 411,000 of the May increase in payrolls, leaving the ex-census figure at 20,000. The hiring of temporary workers to conduct the decennial population count probably peaked last month, economists said.
The unwinding of census employment may keep distorting the payroll figures for months as the government dismisses workers when the count is completed. For that reason, economists say private payrolls, which exclude government jobs, will be a better gauge of the state of the labor market for much of 2010.
The federal government squandered hundreds of billions on a stimulus that hasn’t reinvigorated our economy, and reliance on hiring hundreds of thousands of temporary census workers will only temporarily obscure our bleak employment scenario.
Locally, reliance on taxpayer-provided grant money and the issuance of taxpayer-financed municipal debt will offer no longterm boost to our economy. The only meaningful increase our community will see, for example, from a multi-million dollar Innovation Center is an increase in empty, press releases.
More significant, the federal government’s failed stimulus and red-ink budgets mean that the supply of federal pork will soon run out.
Laws/Regulations
Can a Private Business Fire a Woman Because She Was Allegedly “Too Hot?”
by JOHN ADAMS •
There’s a story over at Business Insider about a woman who claims that she was fired from a job at Citibank because she was “too hot.” See, Woman Says Citibank Fired Her Because She Was Too Hot. Debrahlee Lorenzana contends that she was fired because her managers could not handle her steamy looks; Citibank contends that’s not the reason she was dismissed.
Here’s her side of the story, as it appeared in the Village Voice and Business Insider:
“Where I’m from,” she told the Village Voice, “women dress up—like put on makeup and do their nails—to go to the supermarket… I was raised very Latin. We’re feminine. A woman in Puerto Rico takes care of herself.”
Her bosses told her that “as a result of the shape of her figure, such clothes were purportedly ‘too distracting’ for her male colleagues and supervisors to bear,” she says.
[Her two male] managers gave her a list of clothing items she would not be allowed to wear: turtlenecks, pencil skirts, and fitted suits. And three-inch heels.From the Village Voice:
“As a result of her tall stature, coupled with her curvaceous figure,” her suit says, Lorenzana was told “she should not wear classic high-heeled business shoes, as this purportedly drew attention to her body in a manner that was upsetting to her easily distracted male managers.”
Citibank contends that she was fired for other, as yet undisclosed, reasons.
In one way, the question I used as the title of this post (“Can a Private Business Fire a Woman Because She Was Allegedly ‘Too Hot?’ “) is a trick question — if they described her that way, or other ways like it, in email or otherwise, Citibank has just run into a buzz saw. That’s her term, though, as far as I know. I don’t know that Citibank managers described her that way.
Private businesses can certainly impose non-discriminatory dress codes, and if that’s what happened here, then I think the plaintiff’s case is questionable. I also find some of the comments attributed to her attorney truly odd and unprofessional (“It’s like saying that we can’t think anymore ’cause our penises are standing up—and we cannot think about you except in a sexual manner—and we can’t look at you without wanting to have sexual intercourse with you. And it’s up to you, gorgeous woman, to lessen your appeal so that we can focus!”)
Also odd, and a bit suspicious to my mind, is the plaintiff’s attorney’s recommendation that “she should come to his place (his office) for a photo shoot, because she should have pictures of herself in more conservative clothing to use at her court case … and then (presumably) told her it was OK to take and let the [Village] Voice print the rest of the photos they have of her on their site.”
Those other photos are available at the Village Voice website.
While her story is attention-grabbing, I’m not persuaded by anything that she’s said publicly — just the opposite in fact. There are many women who are unfortunate victims of discrimination; I’m skeptical about this case, though. A judge and jury will have to wade through these claims. (One other note, about the case: the Business Insider notes that Citibank’s had a run of discrimination lawsuits lately.)
Apart from this case, I believe that private business should be able to enforce dress codes, in a way government clearly cannot. The solution for employees who don’t want to work with a restrictive dress code is to find work elsewhere. If too many companies are restrictive, the private labor market will produce a solution. Business that are too restrictive will lose otherwise capable and skilled employees to those with more liberal dress codes. Those companies with more generous codes will thereby prosper.
For those wondering, here’s one of the more conservative photo of Lorenzana:

Comment Forum
Friday Open Comments Forum
by JOHN ADAMS •
Here’s the Friday open comments post, following reader responses to a recent poll.
The use of pseudonyms and anonymous postings will be fine.
Although the template has a space for a name, email address, and website, those who want to leave a field blank can do so. Comments will be moderated, against profanity or trolls. Otherwise, have at it.
I’ll keep the post open through Sunday afternoon.
For this week, a suggestion for a topic: Can a Private Business Fire a Woman for Being “Too Hot?”
City
Hello, Maurices! Welcome to Whitewater, from your friend, John Adams
by JOHN ADAMS •
Hello, Maurices, and welcome to Whitewater. I’m John Adams, a blogger from Whitewater, Wisconsin, and I welcome your latest store, one of a seven-hundred store chain, to Whitewater. I am sure that your corporate leaders, and those of your multi-billion dollar parent company, Dress Barn, have made a smart decision to offer popular products to Whitewater’s consumers.
I believe in the right of Whitewater’s consumers to choose from any number and kind of retailers, from small shops to large retail enterprises. Consumers should be — and are — able to decide sensibly for themselves without the interference of government, including meddlesome, municipal bureaucrats. If some merchants wish to organize privately to persuade customers to shop at mom & pop stores, I think that’s their right, too.
(I’ve contended before that the best way for a mom and pop speciality store to succeed is through exceptional service and distinctive products. There are many such stores in Whitewater, and I am happy to offer those merchants my loyal patronage.)
I don’t think, though, that government — including local government in Whitewater — should take sides between small shops and retail chains through a Buy Local campaign that’s principally an anti-chain store campaign. It’s not the place of Whitewater’s mostly middling bureaucrats to take sides between kinds of merchants. (Predictably, after trumpeting and adopting the Buy Local program in one of his Weekly Reports, our city manager doubled-down on his paternalism with a repeat endorsement in a subsequent Weekly Report.
I’ve written along these lines before. See, Whitewater Local Government’s Favoritism of Some Local Businesses Over Others.
You’ve received a happy welcome from a local merchant’s group, and I am glad for it. I know, though — and you know, too — that that same group receives city support for a campaign that includes a bias against large retail chains just like yours. Your success will not depend on those who talk from both sides of their mouths. Residents will see through this double-talk, talk that often comes at taxpayers’ expense, and will choose for or against your business based only on your services.
Although I’m surely not your target customer, I wish you well, as I would any venture, to win support privately in the marketplace, without government support or opposition.
Good luck!
Daily Bread
Daily Bread for Whitewater, Wisconsin: 6-4-10
by JOHN ADAMS •
Good morning, Whitewater
Today’s forecast for Whitewater calls for a day of showers, with a high of eighty-four degrees.
It’s Red, White, and Blue Day at Lakeview School today. Even without a mascot, any school with a Red, White, and Blue Day is a good school. There’s an All-School Picnic scheduled for Lincoln School, home of the Leopards. At Whitewater Middle School, there’s a 6th grade yacht race to be held at the Aquatic Center. Here are a few of last year’s entries:

There’s a story over at Wired about the historic race in 1910-11 to be the the first team to reach the South Pole, entitled, “The Tragic Race to Be First to the South Pole.” As a child, I learned of the story as an example of Norwegian Roald Amundsen’s more prudent preparations than that of Englishman Robert Falcon Scott. I’ve since read lionizing accounts of Scott’s failed, fatal expedition, but I still think the early lesson I learned was a sound one. From Wired‘s story, there’s a description of the circumstances that led to the race to the South Pole:
The American Museum of Natural History delves into this storied event to bring visitors as close as possible to this historic event and the people involved in their new exhibit, “Race to the End of the Earth,” starting May 29. Artifacts, photographs, replicas and models give life to the two rivals and their treacherous 1,800-mile marches to the center of Antarctica.
Robert Falcon Scott set off from Wales on July 15, 1910 on what was originally intended to be a primarily scientific expedition, but which quickly morphed into a quest to make history on behalf of the British Empire.
Meanwhile, Norwegian explorer Roald Amundsen, whose plan to reach the North Pole first had been thwarted by both Frederik Cook and Robert Peary, had secretly turned his sights on the South Pole. He left Oslo in June 3, 1910 with the intent of beating Scott to his goal.
I think the Wired story confirms the original lesson that I was taught, that Scott was ill-prepared, and should not have raced the Amundsen expedition.
More about the expedition is available online at the American Museum of History website, in a presentation entitled, “Race to the End of the Earth.”
Law, Laws/Regulations, Police
Maryland: Still Wrong on Civil Liberties
by JOHN ADAMS •
I have written about the disregard for civil liberties in Maryland before. See, Something’s Rotten about Policing in the State of Maryland, and Elsewhere. In that earlier post, I wrote about a SWAT raid gone bad — in almost every which way — at the home of the completely law-abiding mayor of Berwyn Heights.
Maryland’s practices are a fine example of the very things a free community should avoid. Wisconsin would be both wrong and foolish to follow examples that Maryland offers all too frequently.
Officials in the state also have a disregard for lawful photography and video recording, as Radley Balko of Reason observed recently, in a post entitled, “In Spite of State Law, Maryland Law Enforcement Officials Still Arresting, Charging People for Recording Cops.”
(Note: Balko’s story includes links to other examples of Maryland officials disregarding civil liberties while ordinary citizens tried to record acts of violent misconduct — literally, beatings.)
In a column last month I [Balko] wrote about Anthony Graber, a Maryland man who was arrested for posting a video of a traffic stop to YouTube. Graber was pulled over on his motorcycle by Maryland State Trooper Joseph David Ulher. Uhler drew his gun during the stop. Graber was wearing a camera on his helmet. Graber thought Uhler’s actions were excessive, so he posted the video to the Internet. Days later, police raided the home of Graber’s parents. Graber was arrested, booked, and jailed. He was charged with violating Maryland’s wiretapping statute. In an interview he gave to blogger Carlos Miller shortly after, Graber said, “The judge who released me looked at the paperwork and said she didn’t see where I violated the wiretapping law.”
In my previous column, I interpreted that to mean the judge had dropped the charge. Apparently that isn’t the case. Graber is due in court next week. He faces up to five years in prison. State’s Attorney Joseph Cassilly has also charged Graber with “Possession of an Interception Device.” That “device” would be Graber’s otherwise-perfectly-legal video camera.
Balko recounts another case, more recent, in which a citizen was falsely told that he was not allowed to record a police officer:
Now we have another video of an arrest during the Preakness Stakes in which a Baltimore police officer can be heard telling the camera-holder, “Do me a favor and turn that off. It’s illegal to record anybody’s voice or anything else in the state of Maryland.”
That simply isn’t true, and it’s outrageous that Maryland law enforcement keeps perpetuating this myth. Perhaps that officer was merely misinformed. But Maryland police spokesmen and prosecutors are giving the impression that the state’s wiretapping law is ambiguous about recording on-duty police officers. It really isn’t. They’ve just chosen to interpret it that way, logic and common sense be damned.
Maryland is an all-parties-consent state, which means you have to get permission from all parties to a conversation before you can record it. But unlike Illinois and Massachusetts, Maryland’s law does include a privacy provision. That is, if the non-consenting party does not have a reasonable expectation of privacy with respect to the conversation that has been recorded, there is no violation of the law. State and federal courts across the country have determined that there is no reasonable expectation of privacy in public spaces. This is why someone can snap your photo in public without your consent.
Emphasis added.
Not only is the officer in the latest situation wrong, but he’s foolish to object to recordings that would help determine wrongful official conduct or exonerate falsely accused officers. No one should object to a means to come closer to the truth of a situation. That’s especially true when good and professional officers are fighting false, self-serving accusations from lying suspects. Good officials should support recording because the law allows it and it’s prudent.
Daily Bread
Daily Bread for Whitewater, Wisconsin: 6-3-10
by JOHN ADAMS •
Good morning,
Whitewater’s forecast calls for a day with patchy fog, and a high of seventy-seven degrees.
In our schools today, there’s sixth grade yacht-race construction at Whitewater Middle School.
On this date in 1965, American astronaut Edward White became the first American to walk in space. The New York Times described his accomplishment in a story the next day:
For 20 minutes yesterday afternoon Maj. Edward H. White 2d of the Air Force was a human satellite of the earth as he floated across North America from the Pacific to the Atlantic.
Tethered to the Gemini 4 spacecraft, he chatted good-humoredly and snapped pictures as he darted about in raw space with a the aid of a gas-firing jet gun. Asked how he was doing by Maj. James A. McDivitt of the Air Force, the spaceship commander, Major White replied to his partner in the capsule:
“I’m doing great. This is fun.”
When he was told to re-enter the capsule, Major White laughed and said: “I’m not coming in.” But later, after more banter, he followed through on orders to return.
I’ve written before about the use of DNA evidence to exonerate innocent men wrongly convicted, and to point to those who were, truly, responsible for those crimes. See, DNA to Exonerate the Innocent (and Identify the Guilty). The Wisconsin State Journal published recently an editorial that describes the importance of DNA testing to exonerate falsely convicted men:
For five years, William D. Avery sat in prison.
And for five years, the DNA evidence from the crime scene that could have exonerated him in the strangulation death of a Milwaukee woman sat untested.
And for longer than that, a DNA sample from Walter E. Ellis, now charged in multiple Milwaukee County strangulation homicides, was missing from the state’s
DNA database.It meant an innocent man lost five years of his life behind bars, and it may have cost a woman her life. For if Ellis’ DNA sample had been where it was supposed to be in the state system, detectives could have connected Ellis to the serial stranglings sooner and potentially saved at least one of the victims.
Avery, 38, was finally freed from prison last week after new DNA testing tied Ellis to the crime Avery was wrongly convicted of in 2005. And now Milwaukee County’s district attorney is pledging to review more than 2,000 homicide prosecutions over the last two decades to look for similar flaws related to genetic testing or, more specifically, the lack thereof.It’s all part of a broken system for collecting, submitting and tracking DNA to fight crime in Wisconsin.
State corrections officials and local sheriffs need better coordination, clear responsibilities, more accountability and verification so mix-ups and omissions don’t continue, according to a Wisconsin DNA Task Force study released last week. The 21-member task force included a variety of law-enforcement officials from across the state.
All felons and certain misdemeanor sex offenders are supposed to provide DNA samples for analysis and comparison after conviction. But thousands of samples are still missing from the state’s DNA databank because the process for getting them wasn’t immediate and consistent.
Few issues are so basic and important to public safety and justice. Few tasks are so concretely matters of life and death.
State leaders need to stay on these troubling lapses until they are fixed.
The good news is that Attorney General J.B. Van Hollen and his Justice Department have eliminated a backlog in DNA evidence at the state crime lab. Gov. Jim Doyle and a split Legislature prioritized funding for Van Hollen to help get that done. It was a shining example of bipartisan cooperation.
Similar teamwork will be needed to ensure the state DNA databank is complete and that samples in the future are quickly and accurately collected and processed.
A key proposal from the task force last week was for probation agents, rather than sheriff’s deputies, to collect DNA from felons sentenced to probation.
The task force also called for the Justice Department to verify samples with receipts, something it’s now doing. More law enforcement personnel need easy access to the state DNA database and training. Felons’ identities should be confirmed with fingerprint scans when they give DNA samples.Ellis apparently convinced another inmate to pose as him a decade ago when he was supposed to have given a DNA sample but didn’t.
Since last fall, the Department of Corrections has hustled to collect about 7,100 of the state’s 17,700 missing DNA samples from offenders. Most of the remaining 10,000 offenders who need to give samples are no longer in custody. But the governor signed a bill this month requiring those people to comply.
Three men convicted of homicide have been released recently because new DNA tests identified different suspects in the killings.
Avery was just the latest last week.
Fixing the flaws in Wisconsin’s DNA collection and tracking system should be one of the state’s highest priorities in the coming year.
Well said. Every candidate for governor should pledge this as a top priority for his administration, should he be elected this fall.
Daily Bread
Daily Bread for Whitewater, Wisconsin: 6-2-10
by JOHN ADAMS •
Good morning,
Whitewater’s forecast calls for a day with a chance of thunderstorms, and a high of seventy-four degrees.
There will be an awards and recognition program at the Whitewater High School tonight, at 7 p.m.
At the PBS website, there’s an oil spill tracker that’s both ingenious in design and sad in meaning.
The authors explain their widget:
Our first oil widget, which we released May 9 and continue to update, allows readers to choose scenarios based on the best guesses (because that is truly what they were) of the spill’s size. On May 14, we spoke with some outside experts for more perspectives on how much oil might be flowing from the leak. And on May 17, we factored in that BP was reporting some success in siphoning 2,000 barrels of oil per day out of the leaking well.
Here’s a look at some of the other numbers that form the basis of our oil leak range, including our update on May 21 about reports of a new estimate on the way:
NOAA | 210,000 gal/day
USGS (Added May 27) | 504,000 to 798,000 dal/day
Outside Estimates | 1,050,000 gal/day
BP (Worst Case as of May 5) | 2,520,000 gal/day
Experts’ Worst Case | 4,200,000 gal/dayA new “flow rate technical team” comprised of outside experts and multiple government agencies is beginning work on a new estimate of the leak’s magnitude, which could come as early as this weekend. We’ll update both our widgets until the leak is stopped.

