Dairy rep: Saratoga chairman cursed, promised the mega-dairy permit will never be issued

As the plans for a proposed mega-dairy in Saratoga were submitted for a permit, the town’s building inspector was told not to allow the project, said the dairy’s chief financial officer during the first day of testimony.
The building permit process had been stopped due to the town board even though Saratoga Building Inspector Lorelei Fuehrer was ready to approve the permit, said Jim Wysocki, chief financial officer of Wysocki Family Farms.
“Your paperwork seems to be in order but the town board has given instruction not to issue the permit because of the comprehensive plan,” Fuehrer said in a June 11 voicemail played for the court to Wysocki, which was five days after the company applied for the permit on June 6. “I’ve been told not to issue the permit until they give me the go ahead.”
The testimony was part of a civil lawsuit brought by the Wysocki company against the town and Fuehrer in Branch 2 of the Wood County Courthouse on Nov. 29 as part of a two-day hearing, which resumes Nov. 30 at 9 a.m.
Wysocki, chief financial officer for Wysocki Family Farms, testified to his frustration in the process of trying to obtain building permits for the proposed cow concentrated animal feeding operation in Saratoga.
“The process for me has been very frustrating from the beginning,” Wysocki said, answering the question of Jordan Hemaidan, one of the attorneys representing the farm.
With Portage County Judge Thomas Eagon presiding in place of Judge Nicholas Brazeau, Jr., who recused himself Sept. 24 due to his assistant being a resident of the town and Terry Rickaby, who serves on the Saratoga board, being employed as the county’s maintenance coordinator.
Although Wysocki admitted to being confused by the township’s comprehensive plan and not seeking clarification from the township, his legal counsel advised the property, located off of Highway 13, was not zoned, which was similar when Wysocki Family Farms constructed Central Sands Dairy, a similarly sized CAFO in the town of Armenia, in 2006.
The building permit in Armenia was issued within a day, Wysocki said.
Wysocki testified to his frustration over the summer as he continued to provide Fuehrer additional information, most of which he felt was unnecessary or redundant. Wysocki met with her on July 17 and recalled that upon entering the town hall, she was met by board members and elected officials and was asked to meet without Wysocki.
“When we first arrived, we walked to the building together and she was met at the door (by Chairman Rickaby, board member Dan Forbes and town clerk Heidi Kawleski),” Wysocki said. “They went in a separate meeting for over 15 minutes. When she came out she was visibly upset and shaken and (had been) told she could not issue the permit tonight.”
Another of Wysocki’s frustrations stemmed from the township’s moratorium on building permits, which the town board unanimously passed on July 19, one hour prior to an informational presentation by Wysock Family Farms at the Wisconsin Rapids Performing Arts Center.
“I was very shocked, because the time was set for 5 p.m. on July 19 and we had plans to present at 6 p.m. at the PAC,” Wysocki said, recalling finding out about the special board meeting while dropping off additional plans at Fuehrer’s request in the afternoon of July 18. “We wanted to be on the agenda for the nature of the project to dispel concerns that were not factual.”
Wysocki also testified to an over-the-phone encounter with Rickaby that occurred during this time.
“He told me I crossed the wrong person and this permit will never be issued,” Wysocki said, recalling Rickaby angrily cursing at him over the phone and accusing him of being underhanded about the project.
While Wysocki admitted there were two errors on the original application, which included a square footage error on one of the buildings and the application being under Wysocki Family Farms rather than Plum Creek, where they were acquiring the property from at the time, he stated the errors had been noticed and resolved.
Golden Sands Dairy LLC filed a Writ of Mandamus against Fuehrer on July 27 for not issuing a building permit and also filed a civil suit against Saratoga and its board members on Aug. 10, according to court records.
“This action arises from the Town of Saratoga’s Building Inspector’s refusal to issue a building permit to Golden Sands for construction of its proposed dairy solely on the basis of unlawful instructions given by individual town officials and the town board to withhold it, despite that Golden Sands has met all conditions precedent to the issuance of such permits,” according to the Petition for Alternative Writ of Mandamus.
During the Nov. 27 motion hearing, Eagon stated the cases would not be consolidated, according to court records.