Meeting Type: BCC Regular Meeting
Meeting Date: 9/17/2024
Item Status: New
From: Commissioner James E. Ball, District 1
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Amended Order Establishing Private Cemetery - Amending Boundary Lines for Propst Family Cemetery, Bay Minette, Baldwin County, Alabama
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STAFF RECOMMENDATION
Recommendation
Memorialize for the record the Amended Order Establishing Private Cemetery (Case No.10,431) by the Baldwin County Judge of Probate, dated August 27, 2024, correcting the legal description and amending the boundary lines of the Propst Family Cemetery located at 45428 County Road 112, Bay Minette, Baldwin County, Alabama.
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BACKGROUND INFORMATION
Previous Commission action/date: See below
Background: The Judge of Probate issued the Amended Order Establishing Private Cemetery for the Propst Family Cemetery on August 27, 2024.
08/06/2024 - The following actions were approved by BCC: 1) Pursuant to the request from the Judge of Probate Office to consider a Petition to Amend Cemetery Boundary Lines, submitted by Shirley R. Propst, approve the amendment of the boundary lines of the Propst Family Cemetery, located at 45428 County Road 112, 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 amend the boundary lines of the Propst Family Cemetery. The approval included grandfathering in the existing burial plots.
Per ADPH guidelines, the locations of the occupied burial plots do not meet the 35-foot setback from the property lines set forth in the 2015 ADPH guidelines. Therefore, the Commission made the determination that the existing burial plots are "grandfathered in."
07/15/2024 - Baldwin County Health Department’s report noted that no soil tests are required due to less than 5,000 square feet being added to the cemetery. However, since the cemetery was established prior to the current revision of ADPH Cemetery Development & Extension Guidelines and before Baldwin County began requiring family burial plots to follow ADPH guidelines, the locations of the occupied burial plots do not meet the 35-foot setback from the property lines set forth in the 2015 ADPH guidelines.
The Health Department recommended that the Commission determine if the current burial plots should be grandfathered in and further recommended that no future plots be located within 35 feet of the property boundary.
06/25/2024 - Commissioner James E. Ball (District 1) visited the site and recommended approval of the petition.
06/20/2024 - Administration staff received a Petition to Amend Cemetery Boundary Lines of the Propst Family Cemetery in Bay Minette, Baldwin County, Alabama. The petition was filed at the Judge of Probate Office on June 10, 2024, by Shirley R. Propst. The property is located at 45428 County Road 112, Bay Minette, Alabama.
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 - Make the Order a part of the September 17, 2024, BCC Meeting record. Email NOA and courier 3 original Orders to the Judge of Probate; cc: Tammy Chance.
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: File final documents and correspondence in physical and electronic cemetery files.