Meeting Type: BCC Regular Meeting
Meeting Date: 8/6/2024
Item Status: New
From: Commissioner Billie Jo Underwood, District 3
Submitted by: Anu Gary, Administrative Services Manager
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ITEM TITLE
Title
Petition to Establish Private Cemetery - Walters Cemetery, Summerdale, Baldwin County, Alabama
Body
STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Pursuant to the request from the Judge of Probate Office to consider a Petition to Establish Private Cemetery, submitted by Phillip Walters and Atonia Walters, husband and wife, owners of the real property upon which the proposed cemetery will be situated, approve the establishment of a private cemetery on the property of Phillip Walters and Atonia Walters, in Summerdale, Baldwin County, Alabama, said private cemetery to be located consistent with said Petition. The property is located at 17771 County Road 55, Summerdale, 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 Walters Cemetery.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: Administration staff received a Petition to Establish Private Cemetery, “Walters Cemetery,” in Summerdale (Baldwin County), Alabama, filed by Phillip Walters and Atonia Walters on July 18, 2024. The proposed cemetery property is located at 17771 County Road 55, Summerdale, Alabama.
Baldwin County Health Department approved the proposed cemetery (Exhibit B to Petition) on June 12, 2024.
Commissioner Billie Jo Underwood (District 3) has visited the proposed cemetery site and recommends approval of the petition.
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.
August 6, 2024 - If request is approved, staff will forward correspondence to Probate Judge informing the Judge of the Commission’s decision.
August 20, 2024 - The certified minutes of the August 6, 2024, BCC meeting will be forwarded to the Judge of Probate once approved during the August 20, 2024, BCC Regular Meeting.
August 20, 2024 - The Judge of Probate will issue an Order Establishing a Family Cemetery, which will be made a part of the record at the September 3, 2024, BCC meeting.
Action required (list contact persons/addresses if documents are to be mailed or emailed): N/A
Additional instructions/notes: N/A