space
space
Peshtigo Times
space
space
space
Perspectives
* COUNTRY COUSIN
space
space
Sports Shorts
* WIAA GOLF
* WIAA Track & Field
* Area Softball
* Area Baseball
* Marinette Golfers Winners at Menominee/Oconto Falls Invites

space
Peshtigo Fire
space
e-Edition
Now Available
For more information
click here
dot
THE CITY REBORN FROM THE ASHES OF AMERICA'S MOST DISASTROUS FOREST FIRE
space
dot
space

To Seek Legal Opinion On Riverside Cemetery Election

A majority vote of members present for the annual meeting Peshtigo Riverside Cemetery Association on Monday, Feb. 24 chose Amber Linwood to replace Allen Urbaniak as a member of the Board of Trustees, but whether or not Linwood will be seated remains to be seen.

Some members of the current board, including President Mary Lou Richter, were visibly unhappy with the results and questioned handling of the nominations and election. Finally the board voted unanimously to seek an attorney general’s opinion on legality of the evening’s proceedings before seating newly elected trustees at their next meeting to be held on Monday, May 12. That meeting will also include a review of the organization’s by-laws and rules of order.

There are three trustee positions to be filled, and electors present chose to return incumbents David Zahn and Joel Guay to new three year terms on the board.

Current trustees are Mary Lock, Dave Zahn, Patrick Spangenberg, Randy Ehlers, Lois Anderson, Allen Urbaniak, Sexton Joel Guay, Secretary/Treasurer Don Richter, and his wife, President Mary Lou Richter. Anderson was absent from Monday’s meeting and the remaining board members were present.

Normally there has been little public attendance at the Cemetery Association’s annual meeting, but this year was an exception. As people kept coming in the meeting was moved from the small room at Drees Community Center to a larger meeting room to accommodate the crowd.

Mary Lou Richter called the Annual Meeting to order.

Don Richter presented a bleak treasurer’s report, which led him to comment that balances are a long way from years gone by, which means there are a lot of things we can’t do.

In the years I’ve been involved this is the lowest the checking account has ever been, Treasurer Richter declared. The balance after bills were paid is $6,423.95.

There was talk later of staging a fund raising campaign to replenish working coffers. Perpetual Care money cannot be spent, only the interest it generates. Other income comes from selling and opening graves, and that business has been slow lately, which he said is good news and bad news, as people aren’t dying, but last year’s income from sale of graves dropped by $8,000 and income from burials was down $12,000.

The city provides the Cemetery Association with a $45,000 subsidy each year and has an interest in how that money is used.

Treasurer Richter said there had been a lot in the news about the City Council’s Volunteer Cemetery Committee. He noted Alderman Mike Behnke was present, and asked if that committee has been disbanded. Richter felt their main concern had been about the way he did his budgets, which made it appear that cemetery workers Joel Guay and John Garon would be making less money than they had the year before. Richter said reducing their incomes was never the purpose, but it looked like less was budgeted because he separated FICA payments from their wages.

Zahn recalled talking last year about getting money from the Veterans Administration allocated for care of veterans graves and asked if that had been done. Richter said they can get the money and he is waiting for Bev Doucette to get back to him.

President Richter attempted to begin elections for trustees by asking Zahn if he was willing to serve another term, which he was. She was going to call for a vote of the trustees, but there was a request from the floor that nominations be opened to others. We just want to reappoint David, Urbaniak said.

Behnke called for a point of order. You have to ask for other nominations, he said, This meeting is the only time we (the Association members) can nominate and vote.

President Richter disagreed. In the past candidates had to send a letter with qualifications. She seemed to feel only the board could nominate and vote.

If you don’t ask for other nominations, you can’t ever get anyone different on the board, Behnke pointed out. Urbaniak said the by-laws require that only those who either own lots or have a loved one buried in the cemetery are allowed to vote, and asked how the people there would prove their eligibility.

Mary Lou Richter continued to feel only the board members should vote, and there was dispute on how to nominate.

Lock read from the by-laws that trustees are elected at the annual meeting, but if vacancies occur mid-term they are filled by the trustees for the residue of the term only. Up to three trustees are elected each year, and the board can have no less than five nor more than nine members.

Stan Nogalski, from the floor, read Article E of the Rules of Order:

Section 1. Any person owning one or more lots of having deceased relatives buried in Riverside Cemetery is a member of this Association.

Section 2. Vote and Proxy. At all meetings of the members of the association, each member shall be entitled to cast one vote. He or she may vote in person or by proxy appointment made in writing and duly filed with the Secretary, and by him or her entered upon the record of the proceedings of the meeting. The rules also say the president and secretary of the association will act as president and secretary of each meeting of the association unless the meeting shall decide otherwise.

Order of business at Association meetings are to be proof of notice, roll call, reading and disposal of unapproved minutes, annual reports of officers and committees, annual reports of trustees, election of trustees as provided, unfinished business, new business and adjournment.

The by-laws also state that officers of the association are to be elected by the Board of Trustees immediately after the annual meeting for a term of one year and until their successors are elected and qualified, and provide that no members of the Association are eligible to be an officer unless he or she is a member of the Board of Trustees.

President Richter continued to feel that only trustees should vote. Don Richter said they were following the process that had been used for some years.

He was asked if his published notice of the meeting had included the requirement that anyone interested in becoming a trustee must submit a letter of interest and qualifications, and it had not.

There was reference to a letter of interest in becoming a trustee that had previously been submitted and placed on file.

Nogalski asked which trustee terms were up, and was told Zahn, Guay and Urbaniak.

I’ve been on this board for quite some time and nobody has ever come to these meetings, commented Spangenberg.

I always come, and it sounds like I should have a vote, said a man in the audience.

Don Richter again questioned where the rules say the Association votes, and Behnke again read from the official rules and by-laws that they do. This is the only time outside people have a chance to vote, Behnke said, meaning outside the Board of Trustees. He suggested someone nominate Zahn, then ask if there were other nominations.

If any of our trustees are voted out, this would be their last meeting as a trustee? asked Don Richter.

Behnke said yes, This is the annual meeting.

Lock wondered if they should open the floor for other nominations for Zahn’s position, or do all the positions at the same time.

There were questions on how to vote. Behnke said the book says by ballot,or you could do it by show of hands.

Urbaniak again said to vote people would first have to prove they own a lot or have someone buried in the cemetery.

President Richter continued to maintain candidates would need to have written a letter expressing interest and qualifications.

Don Richter said the board meets four or five times a year, to talk about what we can do better.

Finally Behnke moved to accept Zahn as a trustee and cast a unanimous ballot. His motion was seconded, but Urbaniak’s opposition continued. He maintained the rules may say Association members can vote, but he argued that they cannot make motions.

A show of hands vote, counted by Don Richter, showed 22 votes for Zahn and none opposed.

Zahn nominated Guay and Lock seconded. Urbaniak continued to object to accepting nominations from the floor. A unanimous ballot was cast for Guay.

Urbaniak and Amber Linwood were nominated, and the show of hands was counted at 17 for Linwood and eight for Urbaniak.

Urbaniak gathered up his papers and prepared to leave the Trustee table, but President Richter objected that he was still vice president. It was pointed out that by the rules the Board should meet to elect officers after the Association meeting adjourned, but there was disagreement from some on the board. Urbaniak sat back down.

After more discussion on how to proceed, and more questions on how the elections were handled, Lock finally suggested, This meeting is recorded. Let’s get a legal opinion and find out if this is right. She said if the attorney advises the procedure was correct Linwood could be seated at the next meeting and election of officers could be done then. Her motion to do that was seconded by Spangenberg and unanimously approved.

Lock also asked Richter to have the agenda for the next trustee meeting include a review of the organization’s by-laws, with the goal of eliminating conflicts. Asked who would be the attorney, Lock said the city attorney is not obligated to handle legal affairs for the Cemetery Association. Behnke suggested since the association has no money for legal fees, that a letter be sent to the Attorney General. He suggested Lock should write the letter since she had experience at that. Lock agreed that might work. If the voting was not done correctly she said they would need to re-hold the annual meeting. If correct, Linwood will be seated.

This is unprecedented! declared Don Richter.

Linda Nogalski asked how members will know the attorney’s response, and Lock suggested it should be published in the paper.

Association members were allowed to vote on the motion to seek a legal opinion, and the count was 28 in favor and one opposed.

There remained questions as to how the board should proceed and Nogalski again read from the by-laws that the board should convene to elect its officers for one year terms. Nogalski again explained that according to the by-laws, the Association votes for the trustees and then the trustees vote for their own officers.

You’re reorganizing because you have new trustees and they have the opportunity to vote, Behnke explained.

Zahn referred to by-laws that state the trustees should elect officers on the second Monday in May, and Behnke said the Annual Meeting was also supposed to be held in May, but since the Annual Meeting was changed to February, it only stands to reason that the reorganization should also be in February.

Copies of the by-laws available to this reporter specify that the Annual Meeting shall be held in January or February of each year.

They also allow by-laws to be amended at any annual, regular or special meeting of the Association call for that purpose, by a two thirds vote of all the members present or represented by proxy, notice of the intended change having been given at a previous meeting, or fully set forth in the notice for the special meeting.

Zahn moved to postpone election of officers until the May meeting and allowing present officers to continue to do their jobs until then. The motion was seconded by Spangenberg and unanimously approved by the board.

Both Lock’s motion and Zahn’s were voted on by the board and not the general membership, but the Annual meeting had not yet been adjourned.

Richter said notices of meetings are generally published in the Peshtigo Times, official newspaper for the City of Peshtigo, two weeks before the meetings.

President Richter declared the Annual Meeting closed and called the regular meeting to order. Minutes of the previous meeting were approved, but during the treasurer’s report Lock recalled at the last meeting they had discussed the merits of the low interest CDs (earning half a percent) versus other safe investments in bonds and mutual funds. That discussion was not in the minutes.

Richter said he had talked with other cemeteries and found that some do invest in mutual funds and other preferred stocks, some earning as much as three and four percent interest. That’s a lot of difference, he said, and suggested there might be an emergency meeting prior to the May meeting to decide how to invest some of the perpetual care money.

Reporting on Sexton needs and concerns, Guay said he had a price of $2,600 to connect new wiring to their shed and make everything par and safe. That led to talk of improving the wiring inside, and then to possible need for a new shed, but the conclusion was that if the shed is touched there will need to be state approved plans and a far more expensive project or projects. Guay felt they don’t need a new, larger shed or a bigger, better office. He said the public seldom enters that building, and when grave lots are sold, it is generally done standing right out where the loved one is going to be buried. A new riding lawn mower may be needed before too long.

The board informally agreed not to proceed with tentative plans to sell timber on a wooded 20-acre parcel adjacent to the cemetery itself. It has been determined that a Potter’s Field cemetery is located there and feeling was cost of locating the graves would make it less profitable to sell the timber.


Recent stories, opinions and photos

Issue Date Department Headline
05-25-2016Community - Wausaukee
Goodman Legion, VFW 4 Memorial Services

05-25-2016Community - Wausaukee
Reschedule Board Review to June 18

05-25-2016Community - Wausaukee
Town Wausaukee Weekly Garbage Pickup June 2

05-25-2016Front Page
New Constable

05-25-2016Community - Wausaukee
Memorial Services at Wausaukee May 30

05-25-2016Community - Crivitz
Village of Crivitz Hosts Red, White, Music Fest

05-25-2016Front Page
Community Contributes $39,912 For Coleman School Playground

05-25-2016Community - Crivitz
Legion Trap Shoot Changed to Shaffer's

05-25-2016Front Page
Oconto County Board Hears Celebration Plans

05-25-2016Community - Crivitz
Crivitz Memorial Day Services May 30

05-25-2016Front Page
Co. Land Info Committee To Discuss Zoning Changes

05-25-2016Community - Crivitz
Uniq Partners To Reuse Products for Oil Cleanup

05-25-2016Front Page
County Board to Hear Shoreland Zoning Plans

05-25-2016Community - Crivitz
Graduation for Crivitz Senior Class May 21

05-25-2016Community - Coleman
LCMC Rummage Sale a Success

05-25-2016Community - Coleman
CCBA To Hold Meet May 19

05-25-2016Community - Coleman
Pound Car Show Seeks Venders

05-25-2016Community - Coleman
Coleman Legion Memorial Day Program May 30th

05-25-2016Sports
WIAA GOLF

05-25-2016Sports
WIAA Track & Field

05-25-2016Sports
Area Softball

05-25-2016Sports
Area Baseball

05-25-2016Perspectives
COUNTRY COUSIN

05-25-2016Perspectives
From Our Readers

05-25-2016Perspectives
From My Window

05-25-2016Obituaries
Eleanor D. Lezotte Unsin

05-25-2016Obituaries
Elizabeth J. Wood

05-25-2016Obituaries
Charles W. Voskamp

05-25-2016Obituaries
June B. Schomaker

05-25-2016Obituaries
Kenneth D. "Spagett" Ruleau

05-25-2016Obituaries
James D. Reynen

05-25-2016Obituaries
Thomas P. Osier

05-25-2016Obituaries
Virginia Marineau

05-25-2016Obituaries
Richard Harper

05-25-2016Obituaries
Dorothy M. Dworshok

05-25-2016Obituaries
Debora K. DuPont

05-25-2016Obituaries
Stephen Batjes

05-25-2016Obituaries
Alan J. Nogalski

05-25-2016Obituaries
Edgar R. Mech

05-25-2016Obituaries
Eleanor I. Krueger

05-25-2016Obituaries
Patricia Kelm

05-25-2016Obituaries
Duane Kabacinski

05-25-2016Obituaries
Donald B. Hoerres

05-25-2016Obituaries
Janis Gaffaney

05-25-2016Obituaries
Dr. Robert J. Fischer

05-25-2016Obituaries
Ronald E. Deschaine

05-25-2016Obituaries
Russell O. Bousley Sr.

05-18-2016Sports
Marinette Golfers Winners at Menominee/Oconto Falls Invites

05-18-2016Sports
Peshtigo Boys Dominate Running Events

05-18-2016Sports
M&O Softball - Peshtigo Claims Conference, Earns Fourth Straight Title

05-18-2016Sports
M&O Baseball - Casper's Crew Adds Another Conference Crown

05-18-2016Perspectives
Country Cousin

05-18-2016Perspectives
From our readers

05-18-2016Perspectives
From My Window

05-18-2016Obituaries
Morris Whiting

05-18-2016Obituaries
David L. Teteak

05-18-2016Obituaries
Ivan Ryan

05-18-2016Obituaries
Thomas W. Robison

05-18-2016Obituaries
Tony Rabas, Jr.

05-18-2016Obituaries
Harriet M. Pearson

05-18-2016Obituaries
Richard J. Netzer

05-18-2016Obituaries
Elizabeth H. Myers

05-18-2016Obituaries
Rev. Frederick Mueller 

05-18-2016Obituaries
Verna F. Minzlaff

05-18-2016Obituaries
Arlyn C. LaFortune

05-18-2016Obituaries
Virginia E. Harner

05-18-2016Obituaries
Scott G. Grady

05-18-2016Obituaries
James A. Durocher

05-18-2016Obituaries
Deacon Jim Dennison

05-18-2016Obituaries
Alexander J. Brisko

05-18-2016Obituaries
Harriet l. Bergfelt

05-18-2016Obituaries
Dorothy A. Anderson

05-18-2016Obituaries
Virginia M. Adams

05-18-2016Obituaries
Jed C. Barley

05-18-2016Obituaries
Leigh E. Konop

05-18-2016Obituaries
Karlene and Henry Keller

05-18-2016Obituaries
David D. Kasten

05-18-2016Obituaries
Ruby E. Ivens

05-18-2016Obituaries
James J. Hanna Sr.

05-18-2016Obituaries
Babe Doney

05-18-2016Obituaries
Gladys M. Davis

05-18-2016Obituaries
Elsie V. Bair

05-18-2016Community - Wausaukee
Residents Can Join Flea Market

05-18-2016Community - Wausaukee
Grand Opening of Goodman Historical

05-18-2016Community - Wausaukee
Legion Memorial Service May 30

05-18-2016Community - Wausaukee
Red Hots Dine at Red Brick

05-18-2016Community - Crivitz
Crivitz Sponsors Summer Food Service Program

05-18-2016Community - Crivitz
Crivitz Rescue Squad Lists Annual Presentations

05-18-2016Community - Crivitz
Country Gospel Jam May 20th

05-18-2016Community - Crivitz
Seek Volunteers to Clean Up Park

05-18-2016Community - Coleman
Pound Car Show Seeks Venders

05-18-2016Community - Coleman
Recognition Night for Coleman Seniors

05-18-2016Community - Coleman
LCMC In Area Rummage Sale

05-18-2016Community - Coleman
Coleman Choirs Get Good Rating at Fest

05-18-2016Front Page
Officers Remembered at Law Enforcement Memorial Service

05-18-2016Front Page
Jail Only Current Option For Marinette County Mentally Ill

05-18-2016Front Page
Rededicate Town Brazeau Memorial Field May 28

05-18-2016Front Page
Miron Will Have Two Separate Jury Trials

05-18-2016Front Page
Jail Crews Help Clean Up County Roadsides

05-11-2016Obituaries
Jodyn Walters

05-11-2016Obituaries
Patricia M. Wilcox

05-11-2016Obituaries
Alan W. Vollmer III

05-11-2016Obituaries
Dorothy B. Usiak

05-11-2016Obituaries
Jacob A. Thorne

05-11-2016Obituaries
Ernest R. Schroder

05-11-2016Obituaries
Janina Sabon

05-11-2016Obituaries
Barbara E. Paulson

05-11-2016Obituaries
Francis H. Nowakowski

05-11-2016Obituaries
Sylvia Markusen

05-11-2016Obituaries
Richard T. Lowery  

05-11-2016Obituaries
Loretta L. Hanson

05-11-2016Obituaries
John D. Elliot

05-11-2016Obituaries
Marcia G. Booker

05-11-2016Obituaries
Irene M. Plewka

05-11-2016Obituaries
Ann M. Klescewski

05-11-2016Obituaries
William J. Block

05-11-2016Sports
Area Golf - Marines Finish Second at the NEC Mega Meet

05-11-2016Perspectives
Country Cousin

05-11-2016Sports
Area Track & Field - Marinette Boys Top Peshtigo Invite; Marine Girls Second

05-11-2016Perspectives
From our readers

05-11-2016Perspectives
From My Window

05-11-2016Sports
M&O Softball - Peshtigo One Step Closer to Title

05-11-2016Front Page
BAMC Breaks Ground For New $135 Million Hospital

05-11-2016Sports
M&O Baseball - Coleman Extends Conference Lead; Takes Down Wausaukee

05-11-2016Front Page
Closing Fieldhouse Pool More Expensive Than Other Options

05-11-2016Perspectives
9th Annual Ride for Homeless Vets May 21

05-11-2016Front Page
Parkinson Support Meeting May 19th

05-11-2016Front Page
Creative Flea Market Town of Peshtigo Style

05-11-2016Community - Wausaukee
Bailey Miller is Scholarship Recipient

05-11-2016Community - Wausaukee
Wagner Town Board To Meet May 11th

05-11-2016Community - Wausaukee
MI Board Meet May 12

05-11-2016Community - Crivitz
NWTC Provides Small Business Workshops

05-11-2016Community - Crivitz
Fishing Derby at Timberline June 25

05-11-2016Community - Crivitz
VFW Brat Fry May 15

05-11-2016Community - Crivitz
Stephenson Board Looks At Road Work, Building Project

05-11-2016Community - Coleman
Coleman Pound Annual Rummage Sales May 20-21

05-11-2016Community - Coleman
Coleman High School Commencement May 28

05-11-2016Community - Coleman
Coleman School Board Monthly Meet May 16

05-11-2016Community - Coleman
2 Classes at Coleman Library

05-04-2016Community - Wausaukee
Silver Cliff Fire, Rescue May 9

05-04-2016Community - Wausaukee
Change Pembine School Board Meet

05-04-2016Community - Wausaukee
Athelstane Post 66 Plans Memorial Rites

05-04-2016Community - Wausaukee
Wausaukee Greenhouse 5th Annual Plant Sale

05-04-2016Community - Crivitz
Crivitz Legion Gun Show May 7

05-04-2016Community - Crivitz
Crivitz American Legion Names New Officers

05-04-2016Obituaries
Lori A. Wilson

05-04-2016Community - Crivitz
Crivitz VFW Auxiliary Current Officers Remain

05-04-2016Obituaries
Morris W. Lange, Sr. 

05-04-2016Obituaries
Roger A. Kittson, Sr.

05-04-2016Community - Crivitz
Loomis Historical Meeting is May 5


space
Peshtigo Times
WEB Poll!
The Obama administration is telling all U.S. public school districts to allow students to use restrooms and locker rooms "consistent with their gender identity". Do you agree?
space Yes
No
Undecided
space
TO VOTE CLICK
YES, NO or UNDECIDED

Suggest a Question
space .
space
FRONT
space
.
space
CLASSIFIEDS
space
.
space
COMMUNITY
space
.
space
GUEST BOOK
space
.
space
NEWS
space
.
space
OBITS
space
.
space
PERSPECTIVES
space
.
space
SPORTS
space
.
space
SUBSCRIBE
space
.
space
.
space
PESHTIGO FIRE
space
.
space
CUSTOM PRINTING
space
.
space
TIMES' SAVER
space
.
space
Click for Peshtigo, Wisconsin Forecast
FORECAST
space
Quick...
News or Ad Search
Enter News key words.
Enter Ad key words.



Peshtigo Times
841 Maple St
PO Box 187
Peshtigo, WI 54157
Phone: 715-582-4541
Email:
News@
PeshtigoTimes.com

space
Fax: 715-582-4662
© 2000-2016
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites