Meeting Type: BCC Regular Meeting
Meeting Date: 11/7/2023
Item Status: New
From: Commissioner James E. Ball, District 1
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Order Granting License to Establish a Private Cemetery - C.F. Williams Cemetery, Bay Minette, Baldwin County, Alabama
Body
STAFF RECOMMENDATION
Recommendation
Memorialize for the record, the Order Granting License to Establish Private Cemetery (Case No.42128) by the Baldwin County Judge of Probate, dated October 17, 2023, granting a license to John R. Williams and Christina L. Williams, owners of the real property upon which the proposed cemetery will be situated, to establish a private cemetery on said property located in unincorporated Baldwin County, at 9092 Hurricane Road, Bay Minette, Alabama, and to be known as "C.F. Williams Cemetery."
End
BACKGROUND INFORMATION
Previous Commission action/date: See below.
Background: October 17, 2023, BCC Regular Meeting - The following actions were approved by BCC: 1) Pursuant to the request from the Judge of Probate Office to consider a Petition to Establish Private Cemetery, submitted by John R. Williams, and Christina L. Williams, husband and wife, and owners of the real property upon which the proposed cemetery will be situated, approve the establishment of a private cemetery on the property of John R. and Christina L. Williams, in Bay Minette, Baldwin County, Alabama, said private cemetery to be located consistent with said Petition. The property is located at 9092 Hurricane Road, Bay Minette, Alabama; and 2) Authorize the Chairman to execute any and all necessary documents and/or orders related to the Baldwin County Commission's approval to establish the C.F. Williams Cemetery.
10/09/2023 - Commissioner James E. Ball (District 1) visited the proposed cemetery site and recommended approval of the petition.
10/04/2023 - Baldwin County Health Department approved the proposed cemetery site.
10/03/2023 - Administration staff received a Petition to Establish Private Cemetery, “C.F. Williams Cemetery,” in Bay Minette (Baldwin County), Alabama. The petition was filed at the Judge of Probate Office on May 25, 2023, by John R. and Christina L. Williams. The property is located at 9092 Hurricane Road, Bay Minette, Alabama.
General Background Information:
County Policy #2.7 - Licensing of Cemeteries, requires the Health Department to inspect and give the Commission a recommendation as to the approval/disapproval of the proposed cemetery. In addition, the County Commissioner residing in the district in which the cemetery would be located will confirm the legal description, make a visual inspection of the site, consult with local residents and make a recommendation to the County Commission.
The Alabama Department of Public Health allows a family burial plot on an individual's private property not to be considered to be 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 cemetery.
"Cemetery" is defined in section 8-30-1(4), Code of Alabama, and it specifically excludes family burial plots. Therefore, if a person wishes to bury a deceased family member on the family homestead or fee simple property of the bereaved family, the family burial plot is not subject to the requirements of Section 22-20-4, Code of Alabama governing the location and extension of cemeteries. This means the family burial plot is not recorded in the office of the county probate judge.
However, if a person wishes to establish a family burial plot, they may voluntarily make an application to the county probate judge and county commission, or to the mayor and city council, depending on whether the family burial plot is to be located in the jurisdiction of one or the other of these authorities, and request a sanitary review by the county health department for purposes of having the family burial plot(s) recognized and recorded by the county probate judge.
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?
N/A
Reviewed/approved by: N/A
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 staff.
Forward certified minutes of the October 17, 2023, BCC meeting to the Judge of Probate once approved during the November 7, 2023, BCC Regular Meeting. Ensure all final documents are filed in cemetery file.
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: N/A