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On Friday, June 20, 2011, the DOA's Incorporation Review Board (IRB) issued its Determination on the Petition for Incorporation of the Village of Lisbon. The Review Board dismissed the Petition based on a finding that Lisbon does not meet all criteria established statutory standards for incorporation as a village.
The Petitioners were unsuccessful in filing a Notice of Appeal.
On April, 2012 they will compile a
Rebuttal to the IRB Determination
to be filed with the Department of Administration.
Rebuttal Work Group for Lisbon-Inc.org meets:
April 19, 2012 Richmond Fire Station,
Conference Room 5:30 to 8:30 p.m.
Please join us if you want to help compile the Rebuttal to the IRB Determination.
According to the Determination, Lisbon met two of the relevant criteria: Level of Services and Tax Revenue, but failed to meet three of the criteria for gaining village status: Homogeneity and Compactness, Territory Beyond the Core, and Impact on the Metropolitan Community. During an oral review of the Proposed Determination by advisers to the decision-maker (the Board Chair), two of four advisers disagreed completely with the proposed findings and said all criteria were met. Two advisers said they thought some criteria but not all were met. Facts and analysis selected by the IRB to support the Determination are discussed in the body of the Determination.
The Petitioners note that there are many errors in fact used as reasoning in the IRB Determination.
Download the IRB Determination from
http://doa.wi.gov/municipalboundaryreview.
Read it completely.
This is a public record that will stand as published.
The Petitioners will file a Rebuttal to correct errors in the IRB Determination.
If you see errors in the IRB Determination,
please prepare your comments in writing
Bring them to the April 19 Rebuttal Work Group Meeting
or
Mail them to:
Lisbon-Inc.org
P.O. Box 202
Pewaukee, WI 53072-0202
Go to WORK GROUPS for more information on helping with the Rebuttal.
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| Wendy Landry, Bob Williams and Denise Wenger deliver the Petition and Submittal for Incorporation (with Exhibit Boxes) to Harald (Jordy) Jordahl, Acting Director of the DOA Division of Administrative Services and Intergovernmental Relations on December 21, 2010. The DOA held a Public Hearing on the Incorporation Petition at the Richmond Fire Station, N54 W26455 Lisbon Road in Pewaukee, WI on March 16, 2011 from 3 pm to 8 pm. The Incorporation Review Board heard testimony relevant to the incorporation of Lisbon as a metropolitan village. Testimony was delivered by residents, businesses, public officials and officials of other municipalities. |
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THE PETITION FILED APRIL 19, 2010
Has been reviewed by the Incorporation Review Board
During review of the Proposed Determination on June 15, 2011, IRB acknowledged that this was one of the most complicated
Determinations ever presented. This is the first Petition for
Incorporation filed By the People, rather than a town. There were two
Intervenors against the petition, the Village of Sussex and the Village
of Menomonee Falls. The Village of Sussex also passed a resolution
indicating a willingness to annex the entire Town of Lisbon and provide
services that was given consideration during the review. Sussex's
resolution triggered the IRB's review of the services standard as set
forth in Wisconsin statutes, including a comparison between the
services proposed by Petitioners with those proposed by Sussex. After
reviewing the IRB Determination, Lisbon-Inc.org notes that the determination gives credence to numerous errors in fact and
unsubstantiated claims presented by the Intervenors, the Village of
Sussex and the Village of Menomonee Falls, and Waukesha County Park and Planning. In oral discussion prior
to release of the Determination, the IRB staff noted that there were a
substantial number of variations in procedures during the processing
period, including two changes in board chairman within the last 60
days. Lisbon residents who are both residents and (freeholders) landowners in the Town of Lisbon signed the current Petition for Incorporation of the entire Town
of Lisbon as a Village on April 17-18, 2010. This petition was filed in the Circuit Court, Waukesha County, on April 19, 2010, with signatures by 67 residents and freeholders from the Town of Lisbon. That Petition and the Submittal in Support of the Petition was delivered to the DOA on December 21, 2010 It was reviewed by the Incorporation Review Board and "dismissed" by the IRB in a determination delivered to the Circuit Court on June 20, 2011 and posted to the court on June 21, 2011. Lisbon-Inc.org will file an appeal with the Circuit Court of Waukesha County.
History of the Petition
On Tuesday, December 21, 2010
at 2:12 p.m., Lisbon-Inc.org filed a Submittal in Support of
Incorporation of the Village of Lisbon with the Wisconsin Department of
Administration (DOA) in Madison, WI. The Petition for Incorporation
of
the entire Town of Lisbon as a Village, filed on April 19,
2010 with the Circuit Court of Waukesha County, was validated by the
Honorable Donald J. Hassin, Jr., Circuit Court Judge on August 23, 2010
and referred for Submittal to the DOA Incorporation Review Board. The
Incorporation Submittal tells how Lisbon meets criteria for
incorporation as a metropolitan village. It was reviewed by the DOA
Incorporation Review Board during the 180 days prior to June 17, 2011,
the deadline for delivery of the IRB determination to the Waukesha
County Circuit Court.
Lisbon-Inc.org is
an issue-oriented Political Action Committee (PAC). This PAC is
dedicated to securing incorporation for the Town of Lisbon, Wisconsin
as the Village of Lisbon, Wisconsin, USA, and planned to file the
submittal before the end of 2010. Lisbon's Petition for Incorporation
was filed with the Circuit Court of Waukesha County on April 19,
2010. Hearing for the petition convened on July 23, 2010 and
reconvened on August 23, 2010 when it was validated for review and
submission to the Department of Administration (DOA) Incorporation
Review Board in Madison, WI. A subsequent objection by the Village of
Sussex caused delay in the referral to the DOA, but on November 29,
2010, the Court specified that the Petitioners should submit their
review to the Incorporation Review Board no later than January 15,
2011. The Submittal was delivered to the DOA Incorporation Review
Board on December 21, 2010, well before the January deadline given by
the circuit court.
PLEASE HELP SPREAD THE FACTS ABOUT INCORPORATION!
Send your Lisbon Neighbors a link to this website!
Lisbon-Inc.org is a not-for-profit organization, staffed by volunteers, and registered as a single-issue Political Action Committee (PAC) in the Town of Lisbon. All donations to Lisbon-Inc.org were used to cover incorporation fees ($25,000 paid to the Incorporation review Board) and costs related to the representation in court of the Petition for the Incorporation of the Village of Lisbon. Lisbon-Inc.org engaged in fund raising activities since December, 2009 and completed fund-raising in June, 2011. The DOA Incorporation Review Board Determination was issued on June 20, 2011. An appeal to the decision will be filed within the next 30 days.
Thank you to Lisbon residents and businesses
who contributed to the Incorporation Fee fund.
A check for $25,000, written by Lisbon-Inc.org, accompanied the
Submittal on December 21, 2010.
The Lisbon-Inc.org website is designed to help Lisbon residents and businesses participate in the incorporation process. The Submittal that was filed with the Wisconsin DOA on December 21, 2010 was prepared by residents and submitted on behalf of the People of Lisbon. This is the first time in Wisconsin history that a Petition for Incorporation has been brought by the People of a Town to the Wisconsin DOA Incorporation Review Board for their consideration.
The December, 2010 filing of the Submittal in Support of the Petition for Incorporation and the $25,000 filing fee started the
review clock for the DOA. The DOA Incorporation Review Board had
180 days to determine if Lisbon met the criteria for incorporation as
a metropolitan village. During this review period, the IRB requested more information from the Town Board,
the Town Administrator, and Official Representatives for the Petition: Bob Williams (Official Representative for the Petition), Wendy Landry (Official Alternate for the Petition), and Denise Wenger (2nd Alternate for the Petition). The DOA delivered its Determination to Judge Hassin on Friday, June 20, 2011.
In its Determination, the IRB dismissed the petition as presented. Lisbon-Inc.org will enter into the Appeal process.
This Lisbon-Inc.org website is organized to help residents see how they can be involved. It provides information on who, what, when and where help is needed on a variety of tasks that must be completed during the incorporation process.
- Progress on tasks are reported here.
- Needs are advertised here.
- Schedules for goals are tracked here.
To become involved, please follow the links to general topics. There you will find opportunities for service.
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Click on the titles below to pursue a topic:
- REASONS WHY incorporation is needed.
- WHY SIGN THE PETITION?
- CRITERIA & STANDARDS for incorporation.
- WORK GROUPS, opportunities for service preparing facts, affidavits, testimony and funding for incorporation.
- PROCEDURES & SCHEDULES, opportunities to become involved in the steps of process for incorporation.
- POST INCORPORATION, organization plans for the turnover from town to village and first village elections.
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Preparation of the Petition Submittal
About DOA petition prep policies: " It is the policy of the State of Wisconsin that the development of territory from town to incorporated status proceed in an orderly and uniform manner. Toward this end, each proposed incorporation of territory as a village ... is reviewed as provided §66.0201 to 66.0213 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.
Facts bearing on the requirements and standards of the incorporation process must be presented in an orderly and uniform manner and submitted as exhibits, as documentary evidence, by affidavit or in the form of testimony. Such facts have been collected by Lisbon-Inc.org in behalf of ALL OF THE PEOPLE OF LISBON. A variety of evidence having reasonable probative value to the Department of Administration (DOA) has been collected and presented by Lisbon-Inc.org.
The Submittal in Support of the Petition for Incorporation as the Village of Lisbon
was filed with the Incorporation Review Board
in Madison, in 2010. Court fees ($25,000) were secured before this filing.
Residents can continue to make donations at any time.
NOTE: All donations to Lisbon-Inc.org mailed to P.O. Box 202 were deposited in a separate
account and designated for payment of the $25,000 DOA Incorporation Filing Fee and related fees.
Circuit Court Filing Fees, Internet Service Fees, P.O. Box Costs/Fees &
Printing Fees, are being contributed by Lisbon residents and businesses.
A solicitation letter from Lisbon-Inc.org was mailed to 110 businesses
in the Town of Lisbon in January, 2011. Notice of the Public Hearing was mailed in February, 2011.
No future fund-raising mailings are planned.
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