Meeting Type: BCC Regular Meeting
Meeting Date: 8/6/2024
Item Status: New
From: Commissioner James E. Ball, District 1
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Petition to Amend Cemetery Boundary Lines - Propst Family Cemetery, Bay Minette, Baldwin County, Alabama
Body
STAFF RECOMMENDATION
Recommendation
Discussion needed - Determine whether the existing burial plots will be grandfathered in.
Take the following actions:
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 (Baldwin County), 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.
End
BACKGROUND INFORMATION
Previous Commission action/date: See below.
Background: 07/15/2024 - Baldwin County Health Department’s report notes 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 Commission must make a determination if the current burial plots are "grandfathered in" or if the graves would need to be moved to meet the current setback requirements. Either way, the Health Department recommends 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.
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 August 6, 2024, BCC meeting to the Judge of Probate once approved during the August 20, 2024, BCC Regular Meeting. File final documents in cemetery file.
Mail notice of action to:
Ms. Shirley R. Propst
44615 County Road 112
Bay Minette, Alabama 36507
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: N/A