Meeting Type: BCC Regular Meeting
Meeting Date: 4/16/2019
Item Status: New
From: Wayne Dyess, County Administrator;
Anu Gary, Administration/Records Manager
Submitted by: Anu Gary, Administration/Records Manager
______________________________________________________________________
ITEM TITLE
Title
Request to Abandon a Cemetery - Rice Family Cemetery, Summerdale, Baldwin County, Alabama
Body
STAFF RECOMMENDATION
Recommendation
Pursuant to authority provided in §11-47-60 of Code of Alabama 1975, adopt Resolution #2019-072 of the Baldwin County Commission which grants the Baldwin County Commission’s consent as to the abandonment, in whole, of the Rice Family Cemetery, located in Summerdale, Baldwin County, Alabama, said consent related to a request made by Charlotte R. Pettis f/k/a Charlotte R. Lemaster, through an instrument entitled Declaration of Abandonment of Rice Family Cemetery, a Private Cemetery (dated April 10, 2019, and filed with the County Commission on April 11, 2019).
End
BACKGROUND INFORMATION
Previous Commission action/date: See below.
Background:
PREVIOUS COMMISSION ACTION TAKEN RELATED TO RICE FAMILY CEMETERY:
On February 6, 2015, Administration Department received a Petition for the Establishment of Rice Family Cemetery in Summerdale, Baldwin County, Alabama. The petition was filed at the Judge of Probate Office on February 3, 2015, by Charles H. Rice and Sammie W. Rice. The property is located at 16641 County Road 73 in Summerdale (Baldwin County), Alabama.
Former Commissioner, Tucker Dorsey (District 3), visited the proposed cemetery site and recommended approval of the petition.
February 18, 2015 - Petition for Establishment of Rice Family Cemetery, Summerdale, Baldwin County, Alabama
Take the following actions:
1) Waive Baldwin County Commission Policy #2.7 - Licensing of Cemeteries, pursuant to an email from the Alabama Department of Public Health, dated December 30, 2011, which recognizes that a family burial plot on an individual's private property is not to be considered a cemetery for the purpose of regulation under Section 22-20-4, Code of Alabama 1975, unless the County or municipality has promulgated an ordinance that may include family burial plots within the definition of a cemetery; and
2) Pursuant to the request from the Judge of Probate Office to consider a Petition for Establishment of Rice Family Cemetery (Petition), submitted by Charles H. Rice and Sammie W. Rice, owners of the real property upon which the proposed cemetery will be situated, approve the establishment of a family cemetery on the property of Charles H. Rice and Sammie W. Rice, in Summerdale, Baldwin County, Alabama, said family cemetery to be located consistent with said Petition. The property is located at 16641 County Road 73, Summerdale, Alabama; and
3) Authorize the Chairman to execute any and all necessary documents and/or orders related to the Baldwin County Commission's approval to establish the Rice Family Cemetery.
The Judge of Probate issued the Order Granting License to Establish Private Cemetery for the Rice Family Cemetery on March 4, 2015.
March 17, 2015 - Order Granting License to Establish Private Cemetery - Rice Family Cemetery, Summerdale, Baldwin County, Alabama
Memorialize for the record, the Order Granting License to Establish Private Cemetery (Case No.31876) from the Baldwin County Judge of Probate, dated March 4, 2015, granting a license to Charles H. Rice and Sammie W. Rice, owners of the real property upon which the proposed cemetery will be situated, to establish a private cemetery on the property of Charles H. Rice and Sammie W. Rice, in Summerdale, Baldwin County, Alabama, said family cemetery to be located at 16641 County Road 73, Summerdale (Baldwin County), Alabama, and to be known as "Rice Family Cemetery."
INFORMATION ON THE CURRENT REQUEST TO ABANDON THE RICE FAMILY CEMETERY:
Ms. Charlotte R. Pettis f/k/a Charlotte R. Lemaster is the daughter of Mr. Charles H. Rice who established the Rice Family Cemetery in 2015. Her father has since passed, and Ms. Pettis is the sole owner of the property in question. According to Ms. Pettis, no one has ever been buried at the family cemetery, and it will not be used as a cemetery in the future.
Ms. Pettis' legal counsel, Mary E. Murchison, with Murchison and Newcomb, LLC, has filed with the Commission, a "Declaration of Abandonment of Rice Family Cemetery, a Private Cemetery" on March 19, 2019.
Ms. Pettis has declared, as found in the instrument entitled "Notice of Declaration of Abandonment of Lands for Cemetery Purposes and of Intention to Remove the Human Bodies Interred Therein," dated December 17, 2018, and filed with the Commission on March 19, 2019, that no human remains have been interred in the Rice Family Cemetery and that no provision is necessary to be made for the removal of any human remains.
A resolution has been prepared by Ms. Pettis' counsel, Ms. Murchison, to accomplish the consent being provided by the Baldwin County Commission regarding this matter.
STAFF NOTE: Due to corrections to the above documents since the agenda item was presented at the April 9, 2019, BCC Work Session, Ms. Pettis has re-signed both documents, which are now dated April 10, 2019. The corrected documents were re-filed with the Commission on April 11, 2019. The Commission’s Resolution 2019-072 reflects the same revisions.
It should be noted that after the Baldwin County Commission grants its consent as to the abandonment of the Rice Family Cemetery, Ms. Pettis must accomplish a public advertisement for a period of time as well as make public postings in order to fulfill the process set forth at §11-47-60 through §11-47-74 of the Code of Alabama 1975. There are no public advertisement or notification requirements that need to be accomplished by the Baldwin County Commission.
GENERAL INFORMATION ON CEMETERY ABANDONMENT:
According to the records of the Baldwin County Commission, the Commission has received only one request in the past for the abandonment of a cemetery in unincorporated Baldwin County. On February 3, 2009, the Baldwin County Commission granted the Commission's consent to abandon the Ethridge Family Cemetery in North Baldwin County.
The processes related to the abandonment of a cemetery within the jurisdiction of an Alabama municipality and Alabama county are found at §11-47-60 through §11-47-74 of the Code of Alabama 1975. The aforementioned Alabama law also provides for the methods of removal and reinternment of human remains upon the abandonment of a cemetery.
If a cemetery is located in unincorporated Baldwin County, the consent for abandonment of said cemetery must be made by the Baldwin County Commission.
Staff does not have a way to determine for certain if human remains were ever buried in the Rice Family Cemetery other than asking for this information from the family who currently owns the property, which declaration was signed by the property owner, Ms. Pettis, on April 10, 2019, stating that no human remains have been buried in said cemetery.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes.
Reviewed/approved by: County Attorney David Conner
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration Department
Action required (list contact persons/addresses if documents are to be mailed or emailed): Correspondence to:
Ms. Charlotte R. Pettis (via U.S. Mail)
c/o Mary E. Murchison, Esq.
Murchison and Newcomb, LLC
P. O. Box 2149
Foley, Alabama 36536
The Honorable Harry D’Olive (via Courier)
Judge of Probate
Baldwin County Probate Office
Camilla English
Environmental Supervisor
Baldwin County Health Department
PO Box 369
Robertsdale, Alabama 36567
Via Email: Camilla.English@adph.state.al.us
Cc: Vince Jackson, Planning Director (via email)
Joey Nunnally, County Engineer (via email)
Additional instructions/notes: N/A