August 2008 MINUTES
Note: These are the proposed minutes that will be approved at the next board meeting.

Village of Rosholt Minutes

Regular Board Meeting

Monday August 11, 2008

@ 7:00 p.m. at the Village Hall (137 Main St)

APPROVED SEPTEMBER 8, 2008

Call to order: by President, Rick Osowski

Pledge of Allegiance:

Roll Call: Cindy Gemza, Joy Garski, Steve Rutta, Rick Osowski, Jessica Moore, Betty Williams and Arnie Kaminski.

Also Present: Nancy Osowski, Norma Anderson, Jill Kumenius, Bob Kurszewski, Phyllis Landowski, Kenny Johnson, Debbie Peplinski, Debbie Kaminski, Chain Williams, Julie Firkus, Chris Stanislawski, Dorothy Knopp, Mike Bembenek, Larry Kielblock, Lisa Mancel-Skyles, Sharon Johnson and Kate Zdroik.

Public Requests for Consideration:

  1. Phyllis Landowski stated she had Chris Walport trap a skunk that dug up her whole yard. She continues to have Skunks and would like someone to investigate the grounds at Rosholt Animal Foods as she suspects their may be skunk activity there at night.—Gemza of Public Health & safety will proceed with this request.
  2. Arnie Kaminski states it is rumored Craig Anderson has resigned as the curator of the museums and would like an official resignation letter so the board can proceed appointing another individual.
  3. Chris Stanislawski invites anyone interested to join the Fair Association for their “Work Day” on Saturday, August 16, 2008 beginning at 6:30 a.m.
  4. Bob Kurszewski asked who will be responsible for cleaning the concession stand bathrooms during the Labor Day weekend baseball tournaments. Response: The Booster Club.

Minutes:

Motion: Moore/Gemza to approve the minutes as read with corrections as follows:

July 14, 2008 meeting:

Fuel Cost Savings: Change two times per week to twice a day

Meeting Absence: Motion to be seconded by Williams instead of Rutta

Sewer Generator and Sewer Committee: Paragraphs need to be flip-flopped.

Operator’s License Motion: Williams will supply from her notes.

All in favor: None Opposed: Motion Carried.

UNFINISHED BUSINESS:

Randolph Street Bridge Contamination: The clerk explained Earth Tech failed to submit the reimbursement claim form on time which resulted in accrued interest not eligible for PECFA reimbursement. Earth Tech corrected the situation by waiving their final preparation fee and issuing a check to the Village in the amount of $353.45 to equal the amount of outstanding interest and put the file in “Closed” status.

Safe Route to School Grant: The School District does not want to participate which diminishes the chances of receiving approval. The Village will proceed with the application managed by the Public Health & Safety Chair.

Fire Call Claim: The clerk submitted the Fire Call for the burn site to the property insurance company and received 100% reimbursement in the amount of $500.00

 

Paint Shield for Mural: Sherwin Williams Company has a product for $65.00 per gallon which covers 150 square feet. It protects against graffiti, however, it may cause the yellow paints to bleed.

Egle Landscape uses a product that protects the paint, but does not protect against graffiti. The cost for a 5 gallon pail is $62.00

Williams will contact the Village of Wittenberg for information on what they used on their murals.

Directional Signs for Highway 66: A price quote was presented from Rent-A-Flash in the amount of $294.90 per sign. Osowski will obtain more quotes.

Revolving Loan Fund Payment:

Motion: Kaminski/Moore to pursue legal council for collection attempt. All in favor: None Opposed: Motion Carried.

NEW BUSINESS:

Operator’s Licenses: Applications and background information for Carrie Emery and Rebecca Skibba was presented and reviewed.

Motion: Gemza/Williams to approve operator’s licenses for Carrie Emery and Rebecca Skibba.

Roll Call vote: Gemza-aye, Garski-aye, Rutta-aye, Osowski-aye, Moore-aye, Williams-aye, and Kaminski-aye. Motion Carried.

Roof Repair: Two bid proposals have been obtained and will be reviewed by the Buildings & Grounds committee for recommendation to the Village Board.

Trustee Absence: Moore has been approved for excused absences for the next four regular board meetings. A suggestion was made to consider changing those meeting dates instead of the approved absence of Moore.

The Trustees have opposing opinions on the idea for reasons such as consistency, number of trustees to make decisions and inconvenience of schedules.

Osowski states he will be absent for the September meeting and the dates for the Elections and library hours were mentioned.

Motion: Kaminski/Gemza to maintain the September meeting date and change the meetings for October, November and December to the second Tuesday of each month.

Moore abstained. All others in favor: None Opposed: Motion Carried. 

Fair Parade: The Fair Association requests permission to close Main Street on Saturday, August 30, 2008 for the purpose of conducting their annual parade.

Motion: Moore/Garski to approve their request to Close Main Street for this event. All in favor: None opposed: Motion Carried.

Community Hall (4-H) Building: The Fair Association presented a report by Pearl Engineering Corp. regarding the safety aspects of the Community Hall as directed by the Village Board. The board members each read the report silently.

It was noted the Closed Session reflected Village Trustees were to be present during the Engineers inspection, not just the Fair Association. Also, load calculations are not listed in the report.

Williams suggests the Village contact our property insurance company to make them aware of this situation.

Board members would like an opportunity to digest the information provided before making their final decision.

Osowski suggested talking to Pearl Engineer for clarification and then submitting the report to Attorney Formella and letting him make the decision on the next action.

Motion by Rutta to approve the Attorney to decide the next action and withdrew the motion after further discussion.

The Fair Association is anxious for a reply as preparations for the Fair are already underway. Gemza is working with Connie Crayton for options if the building cannot be used for the 4-H exhibits.

General Consensus of the board is to schedule a conference call with Pearl Engineering before making a decision regarding the use of the building.

Library Committee: The recent Portage County Library Board meeting generated some interest in the location of the Rosholt Branch Library. The board gave permission to Joe Gemza and Chris Kluck to form a Library Committee to be approved by the Village board at the September meeting.

COMMITTEE REPORTS:

 

Streets: Nothing formal to report. Fair Association questions rather Main Street will be repaired before the Fair)

Centennial: A financial report was submitted by Kate Zdroik indicating a checking balance of approximately $1,500.00. Tee shirt sales are still open and there are outstanding invoices for Banner purchases. The Banners should be rotated before Labor Day. The committee is considering a $5.00 charge to the Fall picnic to cover the cost of the meal.

Sewer: Committee Member Larry Kielblock stated the generator is currently being repaired by Cleveland Brothers. Based on the bid presented July 31st, the invoice for $3,006.00 will be presented for approval with this month’s bills.

**Resident Debbie Peplinski thanked Kielblock for processing the repairs and eliminating the need to purchase a new generator.

Bills and Invoices:

Motion: Garski/Rutta to approve all the Bills as read. All in favor: None opposed: Motion carried.

Motion to adjourn: Kaminski/Gemza. All in favor: None Opposed: Motion Carried.

Adjournment:  8:30 p.m.

Theresa K. Hartvig, Village Clerk-Treasurer

VILLAGE BILLS PAID-August 2008

Check #

Vendor

Amount

Check #

Vendor

Amount

010532

Payroll

$508.57

010534

Dept of Revenue

$135.20

010535

Alliant Energy

$957.79

010536

Amherst Telephone

$104.07

010537

WI Public Service

$9.77

010538

Veolia Environmental

$1685.33

010539

MN Life Ins

$33.79

010540

MasterCard

$445.20

010541

Schierl Inc.

$66.57

010542

BP Amoco

$216.53

010543

Anderson Law Firm

$467.18

010544

BA Pauls & Assoc

$920.00

010545

League of WI Muni

$30.00

010546

WI Dept of Justice

$10.00

010547

Consolidated Utility

$13.75

010548

Saints Health Service

$50.00

010549

Flag Center

$24.00

010550

Faivre Implement

$38.48

010551

Payroll

$454.00

010552

Cherek Salvage

$30.00

010553

Payroll

$440.89

 

WI Retirement

$389.25

 

Federal Withholding

$570.96

 

 

 

 

SEWER BILLS PAID-August 2008

Check #

Vendor

Amount

Check #

Vendor

Amount

4141/4142

Payroll

$864.32

4143

WI Dept of Revenue

$54.50

4144

Alliant Energy

$772.96

4145

Alltel

$24.04

4146

Commercial Test Lab

$133.70

4147

Firkus Lumber

$74.59

4148

Ben Meadows Co

$119.00

4149

Motors & Controls

$98.00

4150

MasterCard

$270.52

4151

Amherst Telephone

$69.74

4152

Cleveland Brothers

$3006.00

4153/

4154

Payroll

$870.88

4155/4156

Payroll

$1022.62

 

Federal Withholding

$413.87


Village of Rosholt Minutes

Special Board Meeting

Thursday August 14, 2008

6:15 p.m. at Village Office (125 Grand Ave)

APPROVED SEPTEMBER 8 2008

Call to order: by President, Rick Osowski

Pledge of Allegiance:

Roll Call: Cindy Gemza, Joy Garski, Jessica Moore, Rick Osowski, Betty Williams and Arnie Kaminski (Absent: Steve Rutta)

Also Present: Nancy Osowski, Debbie Kaminski, Jill Kumenius, Norma Anderson, Dorothy Knopp, Kate Zdroik , Candy Wiza and Debbie Peplinski

Osowski stated he has to leave at 7:20 to attend the Fire District Meeting.

Curator of Museums:

Craig Anderson resigned his position as the curator of the Malcolm Rosholt Pioneer Museums. Kaminski volunteered to accept the position through Labor Day so the Museums can be open during the Fair. He would also like permission to allow the saw mill to operate on Saturday and Sunday.

Motion: Gemza/Moore to approve Kaminski as the temporary Curator of the museums and to allow the use of the saw mill. All in favor: None Opposed: Carried.

** A notice will be posted and the Rosholt Record will announce the Village is seeking a Curator to be determined at the regular September Board Meeting.**

The Clerk-Treasurer explained, along with the curator resignation came some added responsibilities such as:

Receiving memorabilia including antique guns, approximately $5,700.00 in cashier’s checks from the Fair Association to operate and maintain the museums, and two boxes of Town 25 North books to sell.

The Fair Association also requests the padlocks be returned to them.

Motion: Garski/Williams to authorize the Clerk-Treasurer to open a museum bank account with the funds received from the Fair Association. All in favor: None Opposed: Motion Carried.

Blacktop Patch:

Bib proposals to Patch Main Street North were presented as follows:

American Asphalt: $4,300.00

Fahrner Asphalt: $2,272.00

Motion: Williams/Moore to approve the bid proposal from Fahrner Asphalt in the amount of $2,272.00. All in favor: None Opposed: Motion Carried.

Community Hall (4-H) Building:

A conference call on speaker phone was conducted with Kenneth Pepowski of Pearl Engineering Corporation to discuss his report dated August 11, 2008.

Pepowski explained the examination of the building revealed no new or recent problems. The bowed columns appeared to have been in that condition for a number of years and recently the main structure has not changed.

It is not out of the ordinary for snow loads to cause some bowing and the columns are not a concern at this time of year with a “dead load”. Snow or strong winds are considered “live loads” and since it is not a seasonal building, this may be enough concern to evacuate the building if storms come during the Fair.

He explained the difficulty in trying to define inspection on this type of building since there were no Building  Codes in existence at the time of construction: therefore, today’s standards cannot be used as a means of compliance.

He feels it is not feasible to make a blanket statement about the safety of the building as any building with the right conditions could be unsafe, so the use of the building basically boils down to the comfort level the Village Board has with the information detailed in the reports.

Everyone was given the opportunity to ask Pepowski questions as follows:

  1. Was anyone else present during your inspections per the Village’s request?

Response: Pepowski was not aware of the requirement to have Village Trustees present and  Norma Anderson stated she was on the grounds, Steve Grill provided a ladder and the Fair Association Electrician provided a lift truck. The second inspection was Pepowski and a Pearl Engineering Electrician.

  1. Are you relation to any of the Fair Board Members?

Response: No

  1. Explain your inspection process. Did you do a simple visual or were there any samples taken.

Response: The entire interior and exterior including the attic were viewed. There was no construction sample testing.

  1. Did you see the report provided by the Village of Rosholt Inspector (Vierbicher)?

Response: I briefly read through a copy, but did not receive a copy of my own.

  1. Did you inspect the water stains?

Response: Yes, at one time there was leaking, however, at the time of inspection, things were dry and it appeared the leakage had been repaired.

  1. You referred to past maintenance, please explain?

Response: There were obvious attempts to maintain the building such as a boarded up window, the roof repaired to prevent leaks, paint, general cleaning and the visual aspect of activity. There was also a cable placed in 1985 either as maintenance or to be used as a cloths line to display articles. The cables are not necessary at this time, but since the structure has adjusted to them, it is best to leave them in place. Removing them could create an unknown factor.

  1. Did you measure the beams?

Response: Yes, all of the beams are fairly uniform and were measured to the outside where possible.

  1. Did you inspect the SE side with the rotting siding?

Response: No I did not inspect the siding. It may be a good idea to look at it to see if reinforcement is needed.

  1. Did you inspect the interior only and not the exterior?

Response: I was concentrating on mainly the interior, but the outside parameters were viewed for alarming distresses.

  1. Would current above average precipitation and storm winds affect the building?

Response: It may have an affect and as mentioned in the report, it would be best to have an evacuation plan in place and a weather monitor during the Fair as there should be for any of the buildings.

  1. What would you suggest for short term versus long term maintenance?

Response: Paragraph II in the conclusion section of my report indicated several municipalities that processed this very situation. I suggest contacting some of them for advice.

  1. Can you explain the “Disclaimer”?

Response: The disclaimer mainly states the inspection is based on a limited visual observation looking for distress. We can’t observe everything on a building and this report should be used as an assessment based on our professional ability and skill.

  1. Were the lean-to and hip roofs inspected?

Response: Yes they are part of the building, however, the main frame was the major concern. There is no distress noted on the lean-to.

  1. How do you determine distress or deflections?

Response: We look for cracking, peeling or cracks in painted surfaces and column bowing. Our report exempted the columns as it appears to have been like that for years. We tried to take some sort of measurement. We are not overly concerned or alarmed that it could collapse at any time.

  1. How do you determine the bowing hasn’t changed over the years? Do you have statistics?

Response: By observation only-it doesn’t appear to be recent. We took some preliminary calculations but there is no technical data to submit in the report. There are not calculations available.

  1. Is some of the bowing due to natural shifting and settlement of the building?

Response: Yes, all buildings will shift and settle over time.

  1. Was the basement inspected?

Response: No, I did not realize there was a basement.

  1. Do the damaged plaster and sheet rock need to be removed?

Response: They are not causing any problems, there are no current leaks. They could be replaced for cosmetic purposes only.

Anderson states the Fair Association has a supervisor in the main office that watches the weather and they do have an evacuation plan. Christman amusement also has and evacuation plan.

The Fair Association also has an annual Liability Insurance Policy and their adjuster will probably come before the Fair They also obtain insurance riders from the demo derby and amusement rides.

Williams talked to the Village Property Insurance who says they do not insure for safety, just for the value of the building and could offer no advice on rather to close the building.

The Clerk stated the Fair Association’s liability insurance would be processed first and then the Village’s. The Village has liability coverage on the entire premises of the Village at all times.

Osowski stated both Building Inspections were compared and they agreed on some basic aspects. He would like to implement a procedure that requires the Fair Association to submit a written safety and evacuation plan. He would also like to require an annual inspection with a check list to be submitted to the Village

 

Osowski interprets the Pearl Engineers to say the building is safe enough to conduct the Fair.

Garski says it sounds like the building is sound enough to hold the Fair.

 

The Fair Board was asked about an inspection conducted approximately 6 years ago that stated the building was not safe enough for a concert. Why?

Response: There are not enough exits to accommodate 300 people.

They were also asked about the 4,000 4-H number. Anderson says that is 4,000 exhibits, not people.

The Village Board was asked what prompted the initial building inspection 2 years ago.

Response: General up-keep and maintenance.

Moore is not comfortable with the reports stating our Attorney has concerns and some of the things we specifically asked for, such as load calculations, were not supplied.

General Discussion about maintenance and health issues occurred. The village board expressed their concerns for the poor manner in which repairs are made.

Motion: Moore/ to Close the Community Hall (4-H) Building until further notice. (action below)

Osowski left at 7:30 to attend the Fire District Meeting and assigned Kaminski to serve as chair of the meeting.

The Clerk asked if the board does approve the motion to close the building, have they considered offering the 2 empty bays of the Village Hall  for use of the 4-H exhibits?

The inspection report by Vierbicher dated May 27, 2008 was noted. The Fair association was asked if they completed the tasks listed in that report such as repairing exterior ramps, stairs and railings.

Response: Everything was put on hold due to the Village’s requirement for an architectural inspection. We have work days planned for the next 2 Saturdays and we plan to repair as many items as possible then.

In other words, have the Cures for Demand dated July 15, 2008 been met?

The Fair Association says yes since they submitted a report  by Pearl Engineering Corp. dated August 11, 2008 which they interpret to reflect the building is safe enough to hold the Fair and they also have confidence in their safety/evacuation plan.

The Village Board is not satisfied with the Pearl Engineering Report. Moore said the report has some historical information, but it is mostly just a bunch of fluff. Most Trustees feel the Cures for Demand have not been met, once again prompting the

Outstanding Motion by : Moore/ now seconded by Gemza  to Close the Community Hall (4-H) building until further notice.   

Roll Call Vote: Gemza-aye, Garski-aye, Moore-aye, Kaminski-aye and Williams-aye. Motion Carried.

** Gemza seconded the motion with regret, but felt as the chair of the public health and safety committee, it was in the public’s best interest.

The general consensus of the board is to authorize Rick to proceed with the Notice of Closing and to grant permission to the Fair Board to get into the building to gather their supplies. They also have permission to utilize the office and supply portions of the building during the Fair.

Motion: Kaminski/Williams to allow use of the Village Hall for display of the 4-H exhibits at no fee to the Fair Board.  All in favor: None Opposed: Motion Carried.

Motion to adjourn: Williams/Garski. All in favor: None Opposed: Motion Carried.

Adjournment: 8:00 p.m. 

Theresa Hartvig, Village Clerk-Treasurer                                  Posted: September 15, 2008


Village of Rosholt Minutes

Special Board Meeting

Monday August 25, 2008

6:00 p.m. @ Village Office

APPROVED SEPTEMBER 8, 2008

Call to order: by President, Rick Osowski

Pledge of Allegiance:

Roll Call: Cindy Gemza, Joy Garski, Jessica Moore, Rick Osowski, Steve Rutta and Betty Williams. (Absent: Arnie Kaminski)

Also Present: Attorney Brian Formella

Osowski stated we all agree this matter is a stressful thing and in the process he has been accused of hiding information and being on the other side. He wants the board to realize that decisions are made by the board as a whole and whatever decision is made today, the board must be comfortable with it and the outcome of the decision should include a list of items for the Fair Association to satisfy.

Attorney Formella directed the conversation by making reference to the reports and correspondence on file.

Several issues and aspects were addressed as follows;

Immediate Safety, general maintenance over the course of time (breach of lease agreement), political, public relations and professional opinions.

Williams presented pictures of the roof collapse of the Community Hall (4-H building) taken before repairs were completed.

Formella advised that the issue of immediate safety has been answered by the professional reports, highlighting language from the Vierbicher report dated August 25th, 2008 that the Board could be comfortable with. Also the receipt of a Certificate of Insurance submitted by the Fair Association’s insurance provider.

He feels this should be sufficient information to make a decision and the Board should consider a Press Release to support their decisions.

7:40 p.m.-Motion: Garski/Rutta to adjourn the Closed Session and return to Open Session for consideration and possible action regarding matters discussed. All in favor. None Opposed. Motion Carried.

Public Present:

Nancy Osowski, Debbie Kaminski, Debbie Peplinski, Holly Bembenek, Mike Bembenek, Chris Martin and Chris Stanislawski

Consideration and possible action on Fair Association matters discussed in Closed Session

Formella called for a motion to take legal action on matters discussed in closed session.

No one had any legal action to submit.

Consideration and possible action on Village’s letter of receipt from the Fair Association’s Attorney dated August 21, 2008

The letter from Attorney Bruce Meager dated August 21, 2008 was read aloud and a call for action was made.

The Village stated they received additional information to base their decision made at the July 31, 2008 meeting.

They are in receipt of a review of the Pearl Engineering report by Jonah Molzan of Vierbicher Associates and a certificate of liability insurance provided by the Fair Association.

This prompted a question by the Fair Board Members.

Was legal action taken to property close the 4-H exhibit building?

The attorney referred to the lease agreement.

The Fair Board members in attendance admitted to internal communication struggles and readily discussed the aspects of general maintenance. They feel the grounds are Safe and agree the general maintenance is lacking. Several suggested a sub-committee be formed which would include 2 fair board members and 2 village board members to serve as a liaison for communication between both boards. The attorney supported this idea.

Mike and Holly Bembenek, Chris Martin and Chris Stanislawski said they will commit themselves to working with both boards year round.

The Clerk asked how the open meetings laws such as Agenda Notices and recording Minutes applies to this type of committee. Formella will research the answer.

Rutta said repairs to stairs and railings are great, but some huge repairs such as roofs and mold have been overlooked. The Fair board members said they were aware of the mold, but other issues were pursued which led to the subject of funding. The County support previously allocated to Rosholt is now divided between Rosholt and Amherst. Williams suggested reaching out to more businesses in the County for financial support since this is the “Official Portage County Fair.”

The possibility of utilizing the building for the Haunted House in October was mentioned. No action taken.

Motion: Rutta/Garski to reverse the decision, made at the July 31, 2008 meeting, to close the Community Hall (4-H) building until further notice and allow the building to be open for the 2008 Fair with the condition that a report from the Fair Association be received 5 days after their September 16th, 2008 meeting. The report must address overall repair intentions and a specific review of the ceiling tiles by a certified professional.

All in favor. None Opposed. Motion Carried. (Clarification of voting results determined at September 8, 2008 regular board meeting as follows: Kaminski was absent. Williams and Gemza stated they did not vote. Moore previously notified the Clerk she did not vote. Garski stated she voted and it is assumed that Rutta and Osowski voted since they did not report otherwise.

Motion to adjourn: Rutta/Moore. All in favor. None Opposed. Motion Carried.

Adjournment: 9:00 p.m.

Theresa K. Hartvig, Village Clerk-Treasurer

Posted: September 15, 2008



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