Community Pushes Back on Proposed TID Subsidies for BEAR’s Brenner Fields Development in Salem Lakes

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BEAR’s Proposed Government-Subsidized “Brenner Fields” In Salem Lakes

SALEM LAKES, Wis. — A growing number of Salem Lakes residents say they support new development in the village — but not if it comes with taxpayer-funded subsidies through a Tax Increment District (TID) for BEAR Development’s proposed Brenner Fields project.

Kenosha County Eye conducted a non-scientific survey in the Salem Lakes Community Facebook group following recent Plan Commission discussions. About 100 residents responded. While some expressed support for the Brenner Fields development itself, every respondent opposed the use of a TID or other taxpayer-funded subsidies for the project.

Application

Brenner Fields is a proposed mixed-use development planned for roughly 35 acres along State Highway 83 near Falcon Way, on land currently used for agriculture. The project includes single-family homes, duplex-style residential units, internal roadways, stormwater and open-space outlots, and a commercial outlot fronting Highway 83. BEAR Development is the contract purchaser and developer and is seeking comprehensive plan amendments, rezoning, and a Planned Unit Development (PUD) overlay to move the project forward.

While the concept of development along the Highway 83 corridor has drawn mixed — and in some cases favorable — reactions, the potential creation of a TID to subsidize the project has become the central point of controversy.

Millionair S.R. Mills Asking Village for Millions in Subsidies for Development
(File Photo by Kevin Mathewson, Kenosha County Eye)

Residents repeatedly said they oppose using tax increment financing to support a private developer, particularly one they believe has a pattern of asserting that projects cannot move forward without public assistance. That opposition is heightened by the fact that BEAR Development is owned by S.R. Mills and Steve Mills, both multi-millionaires — a point frequently raised by residents questioning why taxpayers should be asked to subsidize a project backed by extremely wealthy owners.

Beyond public sentiment, critics argue a TID for Brenner Fields could face legal problems under Wisconsin law.

State law requires that a TID meet the “but for” test, meaning a municipality must be able to show that a project would not reasonably proceed but for the use of tax incremental financing. Several municipal finance and land-use experts have said applying a TID to Brenner Fields could be legally vulnerable under that standard.

Daniel Szczap – BEAR Development
(linkedin.com)

Those concerns were underscored during the Jan. 21 Plan Commission meeting when Daniel Szczap, speaking on behalf of BEAR Development, described the Brenner Fields site as being “too good” not to develop while discussing infrastructure and feasibility. Critics argue that emphasizing the quality and desirability of the land directly undercuts the “but for” argument required to legally justify a TID.

If the developer is saying the land is that good and development is inevitable, residents argue it raises serious questions about whether a TID can legally be used.

Top Row – President Rita Bucur (D) and Trustee Ron Gandt (D)
Bottom Row – Trustees Bill Hopkins (D) and Angela Brooks (D)
(File Photos by Kevin Mathewson, Kenosha County Eye)

Despite the growing backlash, several village leaders have been identified as supportive of providing BEAR Development with TID-backed subsidies. Trustees Ron Gandt, ANgela Brooks, Bill Hopkins, along with Village President Rita Bucur, have all been described as favoring public financial assistance for the project. Trustee Dennis Faber, the only one of the group currently up for reelection this April, has been identified as a swing vote for the use of a TID. Only two trustees seem to be asking questions, Pete Poli and Billy Barhyte.

This Author’s Front Yard in 2012

BEAR Development’s history in Kenosha has further fueled skepticism among residents. In a prior dispute, BEAR sued the City of Kenosha and its Redevelopment Authority after the city backed away from a housing development agreement. In that lawsuit, BEAR alleged racial discrimination and violations of the Fair Housing Act and the Americans with Disabilities Act following public opposition to the project. The case ultimately resulted in the City of Kenosha paying $3.7 million to BEAR Development.

Residents responding to the survey cited that outcome as a cautionary example, warning Salem Lakes officials against exposing the village to financial or legal risk by approving a TID that could later be challenged — particularly when the developer’s owners are already extremely wealthy.

Trustee Dennis Faber (D)
(File Photo by Kevin Mathewson, Kenosha County Eye)

No TID has yet been formally created or approved for Brenner Fields, but the issue is quickly becoming a political flashpoint as the proposal advances toward the Village Board. With Trustee Dennis Faber facing reelection this spring, residents say the handling of BEAR Development subsidies — and whether they meet the legal “but for” standard — could become a defining campaign issue.

For now, the message from the community is clear: development like Brenner Fields may be acceptable, but taxpayer-funded TID subsidies are not.

Brenner Fields

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  1. Salem Lakes residents are standing up for what’s right- no taxpayer funding of private developments. I’m convinced TIDs are a poor deal!

    25
    1. Jackie didn’t post that, it was the Beineckes, the Salem Lakes trolls. They’re just embarrassed to put their name on that site. What’s interesting is Patty Gandt, Trustee Gandt’s wife is posting over there like she has any fuck-in idea what she’s talking about. She basically wants the Village to pass the TID just to see what’s in it. Sound familiar? Remember Obamacare, man, we really got screwed on that one.

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  2. “But for” their locked in contract with property owner contingent on a T I.D. no other developer can get access to develop.

    Bear created the but for and should not be rewarded by it.

    As far as Bear being wealthy has nothing to do with the decision and we, as conservatives, should ignore developers wealth in any argument against growth.

    7
    1
  3. The rich get richer. Why is it always they get richer on the tax payers money? You want it you pay for it. Start a gofund me like the rest of in need of money would have to.

    10
  4. Can we stop developing every piece of agriculture land in our towns?
    Here in Pleasant Prairie, other than Steinbrinks “farm” property by his house, land is being developed every chance Pleasant Praire Officials can get.
    Mills has so much property and control in PP and everywhere else too. Money taIks.

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  5. Both Mills and Pitt brothers want to develop Kenosha county till there is no more farm land.
    More cows, no more condos!

    12
  6. Bear And The Mills are the kings of Low Income Tax Credit Housing. It’s ironic that they are called “Developers” when the reality is that they are the destroyers of neighborhoods.

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  7. Just going to through this out there…. Where are the future kids that live in the possible neighborhood going to go to school. Salem school and central are already pretty packed tight.

    1. Here’s the problem – more kids mean the need for more teachers, more buildings, more transportation, and more utilities, all of which drive up taxes. The catch with a TID is that you can only get state aid per student, while any local funds go straight to the TID district. Residential TIDs on their own rarely bring prosperity, just higher taxes, whereas commercial TIDs are much more likely to be beneficial.

      1. Yet we gave away prime commercial zoning for this shit hole Bear is trying to push. That area could have had a cute little area of mom and pop shops, instead we’ll have trash.

  8. While I completely understand that current persons that sit in their elected offices are more than righteous in making decisions and voting all the way up to the day their terms end, in this case I fully believe, suggest and support the current board tabling this decision for the Next elected board to decide.

    It almost seems that current members are trying to push this through before they leave without actually voting the way their constituents are asking them too. That’s a question on its own.

    Sure the constituents did vote these “representatives” on to this board to make decisions like this but it doesn’t seem they are currently representing those constituents and those desires.

    Considering this particular parcel has sat undeveloped since the last time it was a hot topic which was almost 20 years ago I don’t see any rush to expedite this though now.
    Sure while Bear Development has every right to ask for assistance I really don’t think other possible developers were sought out to compete for this land.
    While the owner is free to sell to whoever he wants to, if he’s actually selling then what difference does it make to who ?

    This village should make it clear that any development needs to stand on its own and pay for all the infrastructure it needs.
    It’s not like the business park in Trevor. That truly was the town trying to attract jobs. While that didn’t exactly work out for the best this housing development is a horse of a different color.
    And anyone who wants to ride this horse of home development, they should be willing to pay for all the things that horse requires.

    1. The business park didn’t negatively affect schools – ever. This will affect school/s – forever.

      Whose water will supply this and whose sewer utility? Are those in place 100% or is there a need for additional development.

      3
      1
      1. Not true. Trevor’s mill rate was higher because of the TID. Apparently, the Village residents don’t have the memory of an elephant, because we all got treated to a second tax bill this year after they “forgot” to include the TID operating costs. And depending on where you live, that little oopsie ranged from annoying to “why is my wallet much lighter” That mistake alone most likely cost taxpayer’s many tens of thousands of dollars just for the redo.
        And who was running the show back then? Oh yes, the same administrator who worked with Brad during the glory days of fiscal face‑plants. But don’t worry, folks. That very same guy is now in charge of handling the TID.
        You’re in excellent hands. Snicker.

  9. Is this going to be under a homeowners assn?

    I don’t see a neighborhood park? Either land or developed park? Tennis courts are not a park for kids playgrounds. And, park/s should be developed early on, not at the end. No TIF from me, I might be swayed if for businesses but not for residential. Nope.

  10. Your lazy fucks won’t put your foot down, instead you’re a bunch of beta bitches. Say goodbye to Salem Lakes, it was nice while it lasted.

  11. This is Prime Land !
    No parks ?!? No sidewalks ? Private roads ? Why ? Water from wells when Paddock Lake has water and is willing to provide it !
    Sewer from either. I’ve been told it doesn’t matter if the shit flows north or south. Both have Capacity, But it needs to be decided before not after. Shit flows downhill underground. One way or the other.

    As it sits today, it’s all bad. Regroup. Start a new plan Stan. Live your fight another day.
    Or at least till after the next election

    1. Didn’t the Plan Commission say no to this? Or ask for sidewalks at least? I recall some conversation at the last meeting where Bear now wants to jam a few more houses in there making no room for sidewalks.

  12. SR Mills and Bear screwed up a great neighborhood in Pleasant Prairie a few years back and I see he is doing the same. He gets govt assistance if a portion of the lots are “low income” or whatever words he uses to describe that. He doesn’t even live in the area. He must line a ton of pockets with his shenanigans.

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