By Janine Davis Record Staff Writer The fate of an old barn across from Rusche Park in Marthasville remains unclear. The city’s legal counsel last Wednesday presented an opinion that might be a deal breaker for a proposed tear-down plan by a local preservationist. Historian and hobbyist David Boan had offered to handle the demolition in exchange for reclaiming the barn wood and other materials, but concerns over accident liability have placed that plan in limbo. “I recommend that the city not purchase insurance for this purpose, since if we purchase insurance for (the work), the city is required to waive legal immunity,” acting city attorney Jamis Krezyman told the board of aldermen during last Wednesday’s meeting. Krezyman advised having Boan purchase his own small insurance policy for this purpose or sign an indemnity agreement that he is otherwise covered for any injuries to himself or others that might occur during the work. Mayor Jason Schantz said the city’s own insurance policy would not cover a non-employee or volunteer. Alderwoman Pam Jensen said perhaps proof of a personal insurance policy along with a signed waiver from Boan would relieve the city of liability. The Rev. Don Deeker, a member of the Rusche Park Committee, presented a recommendation last month for the demolition of the structure which is adjacent to the Grabs House on city property. Deeker has been coordinating with Boan on obtaining the approvals necessary to begin work. The city last month raised issues about insurance liability during the work, and postponed action until the city attorney could look into the matter and make a recommendation. Deeker said he has long considered the state of the old barn a safety hazard. Schantz said that he had taken a look and agrees the barn needs to be torn down. “It’s an even greater issue now that the Scouts have put an outdoor classroom right below it; there are going to be more and more kids passing by the structure,” said Deeker. He reported that the Rusche Park Committee had approved sending Boan’s proposal on to the city for approval. “This is not a profit-making thing for him; it’s a hobby, so he doesn’t carry liability insurance,” Deeker said last month. “If our arrangement falls through, it still leaves the city with the issue of having a dangerous building standing on a public place,” Deeker observed during Wednesday’s meeting. Schantz said another option is to have city employees handle the demolition.The next steps, aldermen agreed, are to discuss options with Boan.
Discussion to tear down barn continues
