space
space
Peshtigo Times
space
space
space
Perspectives
* Country Cousin
space
space
Sports Shorts
* Town of Peshtigo Fire Dept. Hosts Golf Outing Sept. 12
* Demeny Racing Has Trouble On Crandon’s Short Track
* Crews Will Survey Stream For Lampreys
* Bulldogs Look To Retain Top Spot In Loop; Coleman, Crivitz, Wausaukee Hope To Be In The Mix
* Slate Waterfowl Season Guidelines

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

Amber Lynwood Seated On Riverside Cemetery Board

At the Annual meeting of Riverside Cemetery Association on Monday, Feb. 24, Amber Lynwood was elected by 17 to eight vote to replace Allan Urbaniak as a member of the Association’s Board of Trustees. Halfway through a long quarterly board meeting on Monday, May 19 she was finally allowed to take the seat to which she had been elected.

Board President Mary Lou Richter had objected to the election process at the Annual Meeting, before and after Lynwood was elected. She insisted persons wishing to serve on the board had to submit letters of interest in advance, and argued that only board members should vote. Alderman Mike Behnke and others quoted wording to the contrary from the organization’s by-laws, but President Richter disagreed, as did her husband Don Richter, who serves on the board as secretary/treasurer. Urbaniak had been vice president of the board.

The City of Peshtigo has a stake in governance of the cemetery since it provides a $45,000 a year allocation to help maintain it.

Eventually the Annual Meeting vote was 28 to 1 in favor of seeking a legal opinion on the issue, and Board Member David Zahn was commissioned to get that opinion.

There also was agreement that the corporation’s articles and by-laws need to be gone over thoroughly and brought up to date.

“What about me?” Lynwood asked when Richter called roll for the May 19 board meeting.

“You’re not a member yet,” President Richter told her. “As I recall, we tabled that election. Dave was to get a report, and he will report later in the meeting.”

Lynwood asked the board to move that report and the decision closer to the start of the agenda so she could participate in the meeting, but President Richter declined. Roll call showed members Don and Mary Lou Richter, Zahn, Pat Spangenberg, Randy Ehlers and Mary Lock, who is also a city alderman, were present. Urbaniak arrived nearly an hour later. Lois Anderson was absent. There were about 10 persons present in addition to board members, including Behnke and Mayor Cathi Malke.

Minutes of the February meeting were distributed. They included only the Board of Directors portion and not the Annual Meeting proceedings. Clerk Richter said the Annual Meeting minutes will be presented and approved at next year’s Annual Meeting.

“A whole year? That’s ridiculous!” declared Mayor Malke. “That’s lots of time to forget!”

In accord with the annual meeting instructions, Zahn had obtained a written legal opinion. He said he had approached the Attorney General and was referred to the District Attorney, who told him the proper authority would be the city attorney. He had just received a written opinion from City Attorney Dave Spangenberg.

Don Richter expressed amazement. He said Spangenberg never returned calls he placed to him.

Zahn distributed copies of Spangenberg’s response to him. Spangenberg said he had copies of Zahn’s letter to District Attorney Allen Brey on April 14, 2014, and his response to Zahn a month later, in which Zahn was directed to pose his questions to Spangenberg as City Attorney.

The questions and answers were:

1. Do the Peshtigo Riverside Cemetery By-laws, as written and published online, allow for nominations by members of the Association to the position of Trustee?

Spangenberg referred to the by-laws and state statutes and wrote,”Therefore, it is my opinion that nomination by members of the Association (Trustees are also members) is not only allowable but is required under the by-laws and the law.”

2. If there was an amendment to the by-laws which has never been published or distributed to Association members which changed the nomination procedure, is it valid?

Spangenberg’s reply stated any amendment must have followed the provisions to be valid and lack of publication and minutes to support the amendment only suggest that such an amendment may not exist.

3. If there was a resolution passed instead of an amendment, would the election of February 2014 be valid?

Response was that “...by-laws supersede and take precedence over any resolution... By-laws are rules of the Association that must be followed. A resolution to change the by-laws would not take effect until they were amended by the Annual Meeting. “Therefore,” Spangenberg wrote, “provided the procedure was followed pursuant to the existing by-laws at your meeting of February 14, 2014, the election would be valid.’

4. Can officers of the Association be related by blood?

Answer was that “current by-laws do not prohibit the election of officers who are related by blood. If this is a concern for the association, the trustees may appoint other officers or the by-laws could be amended accordingly to address the concerns.”

President Richter continued to object to electing board members without the letter of interest. She said she has every letter on file.

Zahn commented one action was a resolution, and by-laws take precedence. He said the by-laws were never changed to require the letters of interest, and in the attorney’s opinion, “what took place at the February meeting was valid.”

President Richter complained that the by-laws are out of date, a subject that resurfaced throughout the meeting. Malke noted the book had been redone in 1999 and the 1997 resolution President Richter mentioned was passed but apparently the by-laws were not changed.

Clerk/Treasurer Richter said he would like the board to get together in closed session to discuss by-law changes, and that suggestion drew some objections from the 10 members of the audience, particularly the press. He conceded that could be in open session, but wondered if they should go through minutes of all annual meetings since the Association’s start.

Clerk/Treasurer Richter asked who had paid Attorney Spangenberg, and was told he is city attorney, but probably if Richter wanted to pay for it he wouldn’t refuse.

Behnke pointed out the city holds an interest in the cemetery because of the funding, and suggested Spangenberg had done the opinion free of charge because he has relatives buried at the cemetery.

Richter asked the board if they wanted to accept Spangenberg’s opinion, “even though he is not our attorney?”

“You’ve been saying money is tight, but now that you don’t like the answers, you want to hire an attorney!” Malke declared. “You have a free opinion, and now you want to hire another lawyer?”

Behnke too objected to that idea.

“I agree with Mike,” Director Spangenberg declared. “And I agree with Dave Spangenberg...he’s a capable lawyer. We have a legal opinion!”

“I’m just amazed you got through to David to get that opinion,” Richter declared. He then noticed Behnke was recording proceedings, and asked if he had obtained permission before starting the recorder. Behnke asked, if Richter wanted technicalities, where he had published the evening’s agenda. There had been a notice of meeting published but it included no agenda printed or posted.

Later Behnke provided a summary of the Open Meetings law which states citizens have a right to attend and observe meetings of Wisconsin governmental bodies that are held in open session, and that they have the right to tape or videotape the meetings “as long as doing so does not disrupt the meeting.”

Urbaniak said if they were going to comply strictly with the existing by-laws, “...we have to vote today...this is the second Monday in May.” The by-laws at one point did require annual meetings to be held on the second Monday of May, but it appears that was changed.

Zahn moved to reaffirm the actions of the Annual Meeting held on February 14, 2014, and received a second from Joel Guay. Mary Lock suggested the motion should include, “and install Amber Lynwood.” Guay and Zahn agreed.

Before the vote, President Richter asked Lynwood what relatives she has buried in the cemetery, and Lynwood named several, including Anna Skowlund and Ruth Olsen and more.

Vote in favor of seating her then passed five to three, with Zahn, Guay, Lock, Ehlers and Spangenberg in favor and the two Richters and Urbaniak opposed. Urbaniak remained seated at the table and the meeting went on.

Talk continued on the need to either revise the by-laws or rewrite them entirely. Change requires approval by two thirds of the Association members present for the Annual Meeting, not two thirds of the directors.

“I think we should move forward and seat Amber, since the vote at the annual meeting was done under present by-laws,” Lock finally suggested.

There was agreement, and Urbaniak then left the board table and Lynwood moved up to it. Before he left, members of the board and the audience expressed thanks to Urbaniak for his years of service on the board.

Election of new board officers came just before the meeting adjourned.

There was a question from the floor as to how much officers are paid for their services. The Clerk/Treasurer is paid $340 per month, and everyone else on the board serves without pay. President Richter pointed out her husband has received no raise since he took on the job some years ago, and from his $340 per month stipend he buys his own paper, printer and ink and spends six to eight hours a week on the job.

Lock proposed a slate of officer candidates that listed Mary Lou Richter for President, Don Richter for Clerk/Treasurer and Zahn for Vice President. There were no other nominations and vote in favor was unanimous.

Just prior to that vote, the board unanimously supported a motion by Zahn that they will use the existing by-laws as the basis for next year’s annual meeting. In the meantime there is to be discussion on changes or amendments to the by-laws, and if changes are made that will be done at the 2015 annual meeting. It was noted that over the years directors had hand written entries to the by-laws, but there is no record of those changes being adopted at annual meetings.

Early in the meeting Zahn had asked Clerk/Treasurer Richter to prepare regular reports for board meetings listing money that had come in and money that been spent. He said it should not be difficult. Richter asked if he wanted a report as it related to the budget, and Zahn agreed that would be fine if he wanted to add that, but what he wants are regular reports on actual income and outgo.

A state auditor had advised the board that perpetual care fees must equal 15 percent of the lot price. The board agreed after a bit of discussion to leave the grave cost as is, at $700 for residents and $800 for nonresidents, and compute the 15 percent for perpetual care.


Recent stories, opinions and photos

Issue Date Department Headline
08-20-2014Sports
Town of Peshtigo Fire Dept. Hosts Golf Outing Sept. 12

08-20-2014Sports
Demeny Racing Has Trouble On Crandon’s Short Track

08-20-2014Sports
Crews Will Survey Stream For Lampreys

08-20-2014Sports
Bulldogs Look To Retain Top Spot In Loop; Coleman, Crivitz, Wausaukee Hope To Be In The Mix

08-20-2014Perspectives
Country Cousin

08-20-2014Perspectives
From our readers

08-20-2014Perspectives
Tales from the old-timer

08-20-2014News
Cedar River Bridge Walk Royalty Aug. 31

08-20-2014News
Dog Orientation Night Sept. 9

08-20-2014News
Area Students Get Honor Scholarships

08-20-2014News
Pichette Earns Honors

08-20-2014Obituaries
Gerald Wright

08-20-2014Obituaries
Dale L. Wright

08-20-2014Obituaries
Rev. Warren W. Worden

08-20-2014Obituaries
Craig Richlen

08-20-2014Obituaries
Joseph F. Steiner

08-20-2014Obituaries
Rand Lange

08-20-2014Obituaries
Peter C. Kaufman

08-20-2014Obituaries
Hattie Jarmolowicz

08-20-2014Obituaries
Jeffrey A. DesJarlais

08-20-2014Obituaries
Nicholas J. Berkebile

08-20-2014Obituaries
Marilyn R. Becker

08-20-2014Obituaries
Richard S. Zielski

08-20-2014Obituaries
Donald E. Schneider

08-20-2014Obituaries
June E. Peot

08-20-2014Obituaries
Madeline L. Milheiser

08-20-2014Obituaries
Audrey J. Hranach

08-20-2014Obituaries
Alice E. Bowman

08-20-2014Obituaries
Anne M. Apanasiewicz

08-20-2014Obituaries
Rita R. Adkins

08-20-2014Community - Wausaukee
Athelstane Awards County Bid For Perch Lake Road

08-20-2014Community - Wausaukee
Presbyterian Women Oct. 18 Fall Supper

08-20-2014Community - Wausaukee
Wausaukee Legion Picnic Sept. 13

08-20-2014Community - Crivitz
Crivitz Oktoberfest at Veterans Park Sept. 20

08-20-2014Community - Crivitz
Old Toys Topic at Loomis Days

08-20-2014Community - Crivitz
Legion Trap/22 Shoot Aug. 30

08-20-2014Community - Crivitz
Crivitz School Budget, Annual Meeting Aug. 26

08-20-2014Community - Coleman
20 Area Packer Fans at Hall of Fame Banquet

08-20-2014Community - Coleman
Brazeau Services Sweepstake Winners

08-20-2014Community - Coleman
CCBA Business Showcase Oct. 25

08-20-2014Community - Coleman
Coleman School Board Two Meetings Aug. 25

08-20-2014Front Page
St. Augustine Church Will Mark 125 Years on Sunday

08-20-2014Front Page
Grants Help Middle Inlet Redo 11 Roads

08-20-2014Front Page
Finance Committee Recommends $37,335,000 Borrowing Resolution

08-20-2014Front Page
Sheriff Again Warns of Scams

08-20-2014Front Page
Fun, Entertainment, Rides At County Fair Aug. 21-25

08-13-2014News
Seek Crafters For Fall Fair

08-13-2014News
KC Brat Fry at Lee’s Foods

08-13-2014News
Wagner Centennial Seeks Slogan, Vendors

08-13-2014Sports
Slate Waterfowl Season Guidelines

08-13-2014Sports
2014 Crossbow Deer Season Approved By Natural Resources Board

08-13-2014Sports
Race Like A Girl Night At UPIR

08-13-2014Sports
Redbirds Fight Their Way Through Two Tough Opponents To Claim Latest Wishigan Crown

08-13-2014Perspectives
Country Cousin

08-13-2014Perspectives
From our readers

08-13-2014Perspectives
Tales from the old-timer

08-13-2014Obituaries
Tracey Rae Vandeveer

08-13-2014Obituaries
Jeannette O. Peterson

08-13-2014Obituaries
Elerine T. Lampinen

08-13-2014Obituaries
Joan Kapitz

08-13-2014Obituaries
Todd E. Johnson

08-13-2014Obituaries
Arvilla Johnson

08-13-2014Obituaries
Phillip A. Giese

08-13-2014Obituaries
Michael J. Gardon

08-13-2014Obituaries
Lucille R. (Baumler) Beyer

08-13-2014Obituaries
Christopher J. Wold

08-13-2014Obituaries
Roy H. Willmann, Jr.

08-13-2014Obituaries
Ron G. Whiting

08-13-2014Obituaries
Mary A. Wenzel

08-13-2014Obituaries
William H. VonBlaskewicz

08-13-2014Obituaries
Philip K. Radtke, D.D.S.

08-13-2014Obituaries
Bonnie J. Peterson

08-13-2014Obituaries
Eugene Pawlowski

08-13-2014Obituaries
Alice Rouer

08-13-2014Obituaries
Kathleen B. Olson

08-13-2014Obituaries
Ernest J. Olivares

08-13-2014Obituaries
Orin E. Kirchner

08-13-2014Obituaries
Elaine M. Jorgensen

08-13-2014Obituaries
Sandra K. Jagielski

08-13-2014Obituaries
Alfred Edward Hoffman

08-13-2014Obituaries
Doris M. Gustafson

08-13-2014Obituaries
Albert D. Enderby

08-13-2014Obituaries
Phyllis M. Dixon

08-13-2014Obituaries
Edward J. DesJardin 

08-13-2014Obituaries
Patricia A. Cornejo

08-13-2014Obituaries
Donna M. Chaltry

08-13-2014Obituaries
Roger W. Carriveau

08-13-2014Obituaries
Robert Bartz

08-13-2014Obituaries
Harriet Angelich

08-13-2014Community - Crivitz
Ski Cats Perform Final Show Aug. 16

08-13-2014Community - Wausaukee
Operation Christmas Child Shoeboxes

08-13-2014Community - Wausaukee
Silver Cliff Fire, Rescue Big Fundraiser Winners

08-13-2014Community - Wausaukee
Wausaukee School Packets Available

08-13-2014Community - Crivitz
49 Golfers Take Part In Doug Kwiatkowski Memoria

08-13-2014Community - Crivitz
Town Asks County To Allow ATV Trail on Bit of County X

08-13-2014Community - Crivitz
Twin Bridge Ski Finale Aug. 16-17

08-13-2014Community - Coleman
Fall Fest Set at Coleman Legion

08-13-2014Community - Coleman
Alyssa Gasser Earns Pharm.D

08-13-2014Front Page
Law Enforcement Committee Requests Two More Deputies

08-13-2014Front Page
2 Area Men Were Also Candidates

08-13-2014Front Page
Burke vs Walker In Governor Race

08-13-2014Front Page
Lakari, Johns Resign Twin County Airport Positions, Judge Rules Anderson On

08-13-2014Front Page
Break Ground For Koehne New Dealership

08-06-2014Sports
Racquetball Lessons At Bond Center

08-06-2014Sports
Peshtigo Youth Football Sets Registration Dates

08-06-2014Sports
Seek Input On New Pipeline Proposal

08-06-2014Sports
Racing Returns To UPIR Track With Features And Accidents

08-06-2014Perspectives
Country Cousin

08-06-2014Perspectives
From our readers

08-06-2014Perspectives
Tales from the old-timer

08-06-2014Obituaries
Lori A. Williams

08-06-2014Obituaries
Roger L. Trepanier

08-06-2014Obituaries
Edward Trautner

08-06-2014Obituaries
LeRoy A. Swim

08-06-2014Obituaries
Barbara J. Simons

08-06-2014Obituaries
Stephen M. Seymour

08-06-2014Obituaries
Wesley Seidel

08-06-2014Obituaries
Bonnie Peterson

08-06-2014Obituaries
Paul D. Payant

08-06-2014Obituaries
Eldor M. Ostrenga

08-06-2014Obituaries
Kenneth Einar Olsen

08-06-2014Obituaries
Richard H . Jenquine

08-06-2014Obituaries
John M. Giesler, Jr.

08-06-2014Obituaries
Thomas L. Fermanich

08-06-2014Obituaries
Edward J. Desjardin

08-06-2014Obituaries
Brad Cox

08-06-2014Obituaries
Dawn D. Wittig

08-06-2014Obituaries
John A. Surk

08-06-2014Obituaries
Richard T. Stencil

08-06-2014Obituaries
Angeline M. Ruege

08-06-2014Obituaries
Eugene M. Ravet

08-06-2014Obituaries
William D. Luker

08-06-2014Obituaries
Marlene Kobishop

08-06-2014Obituaries
Richard E. Kehler

08-06-2014Obituaries
Theresa M. Hasenfus

08-06-2014Obituaries
Scott D. Eckert

08-06-2014Obituaries
Lucille M. DeCoursin

08-06-2014Obituaries
Lonnie J. Corbeille

08-06-2014Obituaries
Marlene Compney

08-06-2014Obituaries
Glen M. Christiansen

08-06-2014News
Walsh Church Ice Cream Social

08-06-2014News
Goodman Obtains Generator Loan

08-06-2014News
Dunbar Veterans Park Fundraiser

08-06-2014News
Donates $500 to Brazeau Ambulance

08-06-2014Community - Wausaukee
Wagner Fire Department Fundraiser Picnic Winners

08-06-2014Community - Wausaukee
Wausaukee Men’s Softball, Coed Volleyball Tourneys

08-06-2014Community - Wausaukee
Silver Cliff Fire/Rescue Auxiliary Picnic Aug. 9th

08-06-2014Community - Wausaukee
SC Fire and Rescue Finalize Picnic Plans

08-06-2014Community - Crivitz
MI Fire Dept. Picnic, Open House Aug. 9

08-06-2014Community - Crivitz
Crivitz Ski Cats Next Show Aug. 13


space
Peshtigo Times
WEB Poll!
Are you excited about the 2014 football season for the Green Bay Packers?
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
© 2000-2014
All right reserved
space
Powered by
WEB Media
Interactive
COMMUNITY
WEB sites