space
space
Peshtigo Times
space
space
space
Perspectives
* Country Cousin
space
space
Sports Shorts
* WIAA Crowns Four State Spring Baseball Champions
* Multiple Marines Awarded Spring Post-Season Honors
* Bulldogs Picked for Packerland Honors In Three Spring Sports
* Little River Hosts Fathers Day Scramble
* Marinette/Menominee Open Summer Seasons with Wins

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

Issue Date: February 26, 2014

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
06-22-2018Sports
WIAA Crowns Four State Spring Baseball Champions

06-22-2018
Peshtigo High School softball team members, Madi Martin and Shae Tonn were chosen to play in the Division 2/3 game held on June 12

06-21-2018Front Page
Marinette County Breakfast on the Farm is June 24th

06-21-2018Front Page
Kass Resigns County Finance Director Post

06-21-2018Front Page
Peshtigo Police Chief Resigns, Moving Back To Michigan

06-21-2018Front Page
Infrastructure Committee Wants To Move Back To Peshtigo Shop

06-21-2018Front Page
Kiosk At Riverside Cemetery To Help Identify Grave Sites

06-21-2018Community - Coleman
CHS 1943-65 Class Reunion is July 15th

06-21-2018Community - Coleman
Car Show Vendor Deadline June 25

06-21-2018Community - Coleman
Library To Host Ice Cream Social

06-21-2018Community - Coleman
Coleman Youth Basketball Camp

06-21-2018Community - Crivitz
Crivitz VFW Post 2063 Meets

06-21-2018Community - Crivitz
Ice Cream Social at Crivitz June 28

06-21-2018Community - Crivitz
Camp Bird Event is June 20-22

06-21-2018Community - Crivitz
M&M Area Foundation Helps Fund School Supplies

06-21-2018Community - Wausaukee
Jose Honored as Legionnaire of Year

06-21-2018Community - Wausaukee
Athelstane/Silver Cliff Legion Post 66 To Meet June 23

06-21-2018Community - Wausaukee
Harvest Dinner at Presbyterian Church

06-21-2018Community - Wausaukee
Blood Drive at Silver Cliff Rescue

06-21-2018Obituaries
Shirley J. Behnke

06-21-2018Obituaries
Eunice R. Borst

06-21-2018Obituaries
Betty M. Dettloff

06-21-2018Obituaries
June E. Diercks

06-21-2018Obituaries
Elizabeth L. Downs

06-21-2018Obituaries
Edith Franzen

06-21-2018Obituaries
Edna M. Garon

06-21-2018Obituaries
Mary Louise Gauld

06-21-2018Obituaries
Thomas A. Gilligan

06-21-2018Obituaries
Mary C. Gocht

06-21-2018Obituaries
Peggy Madden

06-21-2018Obituaries
Gerald F. Wescher

06-21-2018Perspectives
Country Cousin

06-21-2018Perspectives
From My Window

06-21-2018Perspectives
From our Readers

06-21-2018Sports
Multiple Marines Awarded Spring Post-Season Honors

06-21-2018Sports
Bulldogs Picked for Packerland Honors In Three Spring Sports

06-21-2018
Martin/Tonn Play in WFSCA All Star Game

06-21-2018Sports
Little River Hosts Fathers Day Scramble

06-14-2018Front Page
Coleman Annexes Property For Cheese Factory Project

06-14-2018Front Page
Pound Fireman's Picnic, Car Show Both In June

06-14-2018Front Page
Environmental Groups Pledge To Continue Back Forty Fight

06-14-2018Front Page
PFAS Found At Tyco Stanton Street Facility

06-14-2018Front Page
Grover Residents Advised To Keep Fire Signs Visible

06-14-2018Community - Coleman
Renovation Tour On Coleman School Board June 18 Agenda

06-14-2018Community - Coleman
Village Pound Car Show is June 30th

06-14-2018Community - Coleman
Continue to Feature Cougar Walls of Fame

06-14-2018Community - Coleman
4th Annual Craft, Vendor Fair at Equity Park June 16

06-14-2018Community - Crivitz
Crivitz Junior High Students Attain Honors

06-14-2018Community - Crivitz
Crivitz Legion Run for Recovery

06-14-2018
Ice Cream Social at Crivitz June 28

06-14-2018Community - Crivitz
Monthly CPR Class at Crivitz Clinic

06-14-2018Community - Wausaukee
Wausaukee Announces 4th Quarter Honor Roll

06-14-2018Community - Wausaukee
Alee Aragon Addresses Auxiliary

06-14-2018Community - Wausaukee
Wausaukee Back to School Program Receives $3,000

06-14-2018Community - Wausaukee
WBA Sponsors Farmers Market

06-14-2018Sports
Marinette/Menominee Open Summer Seasons with Wins

06-14-2018
Area Golfers Receive GCAW Academic All State Honors

06-14-2018Sports
Five High Schools Claim WIAA State Softball Titles

06-14-2018Sports
Busy Season For Marinette Parks & Rec & Public Works

06-14-2018Perspectives
From My Window

06-14-2018Perspectives
Country Cousin

06-14-2018Perspectives
From Our Readers

06-07-2018Sports
WIAA Softball State Tourney Starts June 7

06-07-2018Sports
Area Golfers Battle Through Tough State Course

06-07-2018Sports
Peshtigo's Rauch Captures D2 State Pole Vault Title

06-07-2018Sports
Coleman/Wausaukee Bow Out In Sectionals

06-07-2018Perspectives
From Our Readers

06-07-2018Perspectives
Country Cousin

06-07-2018Perspectives
From My Window

06-07-2018Obituaries
Richard L. Dantinne

06-07-2018Obituaries
Mildred Donlevy 

06-07-2018Obituaries
Clara (Wasmund) Druckrey

06-07-2018Obituaries
John F. Egofske

06-07-2018Obituaries
Dixie K. Gard

06-07-2018Obituaries
Lila M. Hallada

06-07-2018Obituaries
Myron C. Klika

06-07-2018Obituaries
Donald D. Kroening

06-07-2018Obituaries
Kent W. Lantow

06-07-2018Obituaries
John W. Lesniak

06-07-2018Obituaries
Marsha A. Lindgren

06-07-2018Obituaries
Beth M. Mireau

06-07-2018Obituaries
Bonnie R. Berton-Neumeyer

06-07-2018Obituaries
Nancy J. Prange

06-07-2018Obituaries
Bruce E. Ranzinger

06-07-2018Obituaries
Ellen M. Raygo

06-07-2018Obituaries
Kathryn Schahczinski

06-07-2018Obituaries
Russell L. Schwartz

06-07-2018Obituaries
Kenneth J. VanDreel

06-07-2018Obituaries
John P. Wingers

06-07-2018Obituaries
Leonard F. Wirkus

06-07-2018Community - Wausaukee
Church Rummage Sale/Cook Out

06-07-2018Community - Wausaukee
SC Fire-Rescue to Plan Picnic

06-07-2018Community - Crivitz
Crivitz Class of 1988 Reunion on Aug. 18

06-07-2018Community - Crivitz
Ice Cream Social at Crivitz June 28

06-07-2018Community - Crivitz
Meeting for Girl Scouts at Crivitz

06-07-2018Community - Crivitz
Woman's Club Pop-Up Sale

06-07-2018Community - Coleman
Village Pound Car Show is June 30th

06-07-2018Community - Coleman
Pound Fire Picnic Dates June 15-16

06-07-2018Community - Coleman
Coleman Utility Board To Meet

06-07-2018Community - Coleman
Coleman Schools List Summer Office Hours

06-07-2018Front Page
New Brazeau Building Honors Elizabeth Washebek

06-07-2018Front Page
Final Permit Issued For Back Forty Mine

06-07-2018Front Page
Peshtigo Council Approves 1% Hike In Water Rates

06-07-2018Front Page
Late Season Snow Blamed For City Recreation Issues

06-07-2018Front Page
Town Peshtigo Airs Road, Billing Issues

05-31-2018Perspectives
From My Window

05-31-2018Sports
Rangers/Badgers Face Off in Regional Final Today

05-31-2018Sports
Rangers Are Last Team Standing on Tournament Trail

05-31-2018Sports
Area Athletes Head To State Meet In LaCrosse

05-31-2018Sports
Peshtigo Takes Perfect Record To State

05-31-2018Perspectives
Country Cousin

05-31-2018Obituaries
Earl J. Alsteen

05-31-2018Obituaries
Elizabeth L. Anglehart

05-31-2018Obituaries
James A. Benesh

05-31-2018Obituaries
Paul R. Berntson

05-31-2018Obituaries
Dale R. Borneman

05-31-2018Obituaries
Robert F. Brown, Jr.

05-31-2018Obituaries
Norman Buhrandt

05-31-2018Obituaries
Roberta C. Couillard

05-31-2018Obituaries
Richard Deschaine

05-31-2018Obituaries
Karen and Dennis Fry

05-31-2018Obituaries
Raymond A. Gorman

05-31-2018Obituaries
Glenn G. Harris

05-31-2018Obituaries
Charles W. Hatton 

05-31-2018Obituaries
Stella M. Horvath

05-31-2018Obituaries
Patricia A. Johnston

05-31-2018Obituaries
Sandra S. Kasik

05-31-2018Obituaries
Carol L. Klein

05-31-2018Obituaries
Arlie K. Manning

05-31-2018Obituaries
Patrice L. Messenger

05-31-2018Obituaries
Laurie Nicklaus

05-31-2018Obituaries
Helen M. Peterson

05-31-2018Obituaries
Rita Peterson

05-31-2018Obituaries
Jacqueline Rudolph

05-31-2018Obituaries
Gertrude Tetzlaff

05-31-2018Obituaries
William M. Thierling

05-31-2018Obituaries
Joy M. Van Hecke

05-31-2018Obituaries
Daniel D. VanHoff

05-31-2018Obituaries
Ramon G. Varrientos

05-31-2018Obituaries
Leonard J. Williams

05-31-2018Community - Wausaukee
Seven Red Cross Scholarship Winners

05-31-2018Community - Wausaukee
 Wausuakee Lions Big Cash Raffle

05-31-2018Community - Wausaukee
WBA Farmers Market New Location This Year

05-31-2018Community - Crivitz
Sports Awards Winners At Crivitz High School

05-31-2018
NE WI Kids Fishing Outing July 7 at Laona

05-31-2018Community - Crivitz
Lions Golf Scramble at Crivitz June 2nd

05-31-2018Community - Crivitz
De Smidt's Awards Four Scholarships

05-31-2018Community - Coleman
Coleman Village Board June 4

05-31-2018Community - Coleman
4th Annual Craft, Vendor Fair at Equity Park June 16

05-31-2018Community - Coleman
Pound Fire Dept. Picnic July 15-16


space
Peshtigo Times
WEB Poll!
Do you think the Green Bay Packers will make it to the Super Bowl this year.
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
© 2000-2018
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites