Meeting Minutes of the Ohio Cemetery Law Task Force Committee - August 20 (Final), September 19 and September 24 (both draft) 2014

The Ohio Cemetery Law Task Force Committee has now concluded their monthly meetings.  All of their meeting minutes are posted online on the website of the Ohio Department of Commerce, Ohio Division of Real Estate and Professional Licensing - Ohio Cemetery Law Task Force Meetings and Testimony .

Hopefully, the cemetery law task force's final report will also be shared online after it is completed.  

The Ohio State legislators will be the ones to review the task force's report and act upon its recommendations one way or another.  

Thus, more news will follow on this subject once our state senators and representatives make their decisions based on the report.  


The members of the Ohio Cemetery Law Task Force Committee are to be commended for their dedication to this vast and daunting subject pertaining to the various cemetery laws affecting the state's cemeteries as they do in several ways; many of which are difficult to interpret and fully understand. 

We hope that all of the work done by the Ohio Cemetery Law Task Force Committee members during the meetings this year will translate into strengthening and improving the Ohio Revised Codes that impact Ohio's cemeteries; all of Ohio's cemeteries.    

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MINUTES OF THE MEETING OF THE OHIO CEMETERY LAW TASK FORCE
77 S. High Street, 22nd Floor Hearing Room August 20, 2014
Columbus, OH 43215-6133 10:00 a.m.
_______________________________________________________________
I. Preliminary Matters

Co-chair Noonan called the meeting to order.
Roll Call: Laura Monick conducted roll call.

Present: Stephen George, Hon. Keith G. Houts, Hon. Cory Noonan, Anne M. Petit, Patrick Piccininni, Jay Russell, David Snyder, James Turner, James Wright.
Excused: Daniel Applegate, Dr. John N. Low

Review of Meeting Minutes: Co-chair Noonan opened the floor for discussion of the minutes of the July 25, 2014 meeting of the Ohio Cemetery Law Task Force. There being no discussion Mr. Turner moved to approve the minutes of the July 25th meeting. Mr. Piccininni seconded the motion. The motion passed unanimously.

II. Old Business

Co-chair Noonan opened the floor for discussion of old business.
Co-chair Petit introduced a letter from Bureau of Workers’ Compensation Administrator Steve Buehrer as addressed to Timothy C. Long, Ohio Cemetery Association Legislative Agent and Attorney, relating to the scope rating of cemetery salespeople. The task force discussed the complexity of the issue and that they were encouraged by the information that there is now an open dialogue concerning the issue. Mr. Russell then moved that the task force should note in the final report that this is an area of concern for cemeteries due to the impact of scope ratings on operating expenses. Mr. Turner seconded the motion. The motion passed unanimously.

The discussion was then turned over to Mr. Turner to explain the process being followed by the sub-committee at their August 8th meeting. The sub-committee also met prior to this meeting to begin editing the initial draft as sent to the task force members. The task force then discussed the structural outline for the final report, the appropriate sections for topics that will be laid out in the final report and where more detail was needed.

The task force then moved on to the natural burial definition. The task force previously agreed to a definition and was left with discussing the proper location for the definition in the Revised Code. For consistency, the task force agreed that the definition should be placed in Ohio Revised Code section 1721.21 with the other cemetery definitions. This also requires a revision to Ohio Revised Code section 4767.01(A) to add the term “natural burial.”

Finally, the task force touched on the topic of tax advantaged easements and set aside programs. Research conducted by Mr. Russell found that Indiana has a process to lower the tax valuation for a cemetery on private property to $1/acre but that the process included the need for a professional survey and that this was often cost prohibitive to the landowner. Co-chair Petit found information that Michigan repealed their law but there was no documented reasoning behind the repeal. Finally, Co-chair Petit introduced information from Washington State concerning their law permitting non-profit preservation and maintenance corporations. The task force concluded that their recommendation should include information concerning the availability of numerous options that could help address the topic of historic cemeteries on private property.

III. New Business
Co-chair Noonan brought the task force into new business and discussion began on the limited time left for the task force to complete their final report. A final review was made of the report draft provided to the task force members; including whether there were any topics discussed by the task force but not included in the current draft.

The task force then deliberated on the distribution of the final report upon completion. Mr. George moved that a hard copy of the report be provided to the Governor, the Speaker of the House and the President of the Senate with an electronic version of the report being sent to the rest of the General Assembly. Mr. Turner seconded the motion. The motion passed unanimously.

Upon discussion of the next meeting date the task force agreed to meet on September 19th at 10:00am. However, both co-chairs were unavailable on that day. Mr. Piccininni moved to designate a chair pro-tempore for the September 19th meeting. Mr. Turner seconded the motion. The motion passed unanimously.

Mr. Turner nominated Mr. Piccininni as chair pro-tempore for the September 19th task force meeting. Co-chair Petit seconded the motion. Mr. Piccininni accepted the nomination. The motion passed unanimously.

The sub-committee asked that any ideas or corrections to the draft report be submitted by the task force members by September 1st and that anything submitted be related to discussions already held in order to help keep the drafting process moving in a timely manner. After those revisions, the target for a final draft being sent to the task force members is September 12th.

Next Meeting Dates:
September 19th at 10:00 am

IV. Adjournment
Mr. Turner moved to adjourn. Mr. Russell seconded the motion. The motion passed unanimously.

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As submitted by Laura A. Monick.
Final minutes not approved by the Task Force

MINUTES OF THE MEETING OF THE OHIO CEMETERY LAW TASK FORCE
77 S. High Street, 22nd Floor Hearing Room September 19, 2014
Columbus, OH 43215-6133 10:00 a.m.
_________________________________________________________________________
I. Preliminary Matters

Pro-tempore Piccininni called the meeting to order.
Roll Call: Laura Monick conducted roll call.

Present: Daniel Applegate, Hon. Keith G. Houts, Patrick Piccininni, Jay Russell, David Snyder, James Turner, James Wright, Laura Monick on behalf of Anne M. Petit.
Excused: Stephen George, Dr. John N. Low, Hon. Cory Noonan, Anne M. Petit.

Review of Meeting Minutes: Pro-tempore Piccininni opened the floor for discussion of the minutes of the August 20, 2014 meeting of the Ohio Cemetery Law Task Force. There being no discussion Mr. Turner moved to approve the minutes of the August 20th meeting. Mr. Russell seconded the motion. The motion passed unanimously.

II. Old Business

Pro-tempore Piccininni opened the floor for discussion of old business and a page-by-page discussion began on the draft report completed by the writing sub-committee. Minor edits were made to pages 4, 5, 8, and 22 upon agreement of the members. An introductory sentence was also discussed for inclusion on page 14 to lead into the “Recommendation for Legislative Initiatives” section.

The task force then began discussions on the current edits made to the “Criminal Offenses and Penalties” and “Private Property Rights & Regulatory Taking Issues” sections of the report. Upon discussion, Mr. Turner moved that he would make edits to those sections using track changes and that the task force re-visits those two sections at the September 24th meeting. Mr. Russell seconded the motion. The motion passed unanimously.

After completing a review of each page, Mr. Turner then moved to adopt the version of the report as amended during the meeting, including the introductory sentence on page 14, with the exception of pages 19, 20, 25 and 26. Mr. Wright seconded the motion. The motion passed unanimously. Discussion then turned to the co-chairs and ensuring their opportunity to make edits. Mr. Turner moved to grant authority to Co-chairs Noonan and Petit to make editorial and grammatical changes without requiring approval of the full task force for their edits. Mr. Houts seconded the motion. The motion passed unanimously.
Next Meeting Dates:

September 24th at 9:30 am

III. Adjournment

Mr. Turner moved to adjourn. Mr. Houts seconded the motion. The motion passed unanimously.

~*~*~*~*~*~*~*~

As submitted by Laura A. Monick.
Final minutes not approved by the Task Force

MINUTES OF THE MEETING OF THE OHIO CEMETERY LAW TASK FORCE
77 S. High Street, 22nd Floor Hearing Room September 24, 2014
Columbus, OH 43215-6133 9:30 a.m.
_____________________________________________________
I. Preliminary Matters

Co-chair Petit called the meeting to order.
Roll Call: Laura Monick conducted roll call.

Present: Daniel Applegate, Stephen George, Hon. Keith G. Houts, Dr. John N. Low, Anne M. Petit, Patrick Piccininni, Jay Russell, David Snyder, James Turner, James Wright.
Excused: Hon. Cory Noonan.

II. Old Business

Co-chair Petit brought the task force into old business and passed along regards from Co-chair Noonan and his appreciation for the task force members’ work.

The task force then began discussions on the current edits made to the “Criminal Offenses and Penalties” and “Private Property Rights & Regulatory Taking Issues” sections of the report. The members approved of the new edits and of how the sections captured the discussions of the task force. After discussion on wording, Mr. Piccininni moved to adopt the sections as drafted with the changes discussed during the meeting. Mr. Turner seconded the motion. Discussion then commenced on including a more specific reference to the transport and trafficking of funerary goods and human remains. After two additional edits, Mr. Piccininni moved to amend his motion to include the new edits. Mr. Turner amended his second. The amended motion passed unanimously.

The task force members then all expressed gratitude for each member coming into the meetings with open minds and expressing a willingness to engage in thoughtful discussions which resulted in a better understanding of all opinions presented to the task force.

III. Adjournment
The final meeting of the task force was then adjourned.

Levi Townsend (1799 - 1881) - Find A Grave Memorial

Levi Townsend (1799 - 1881) - Find A Grave Memorial

Mary Watson Townsend ( - 1848) - Find A Grave Memorial

Mary Watson Townsend ( - 1848) - Find A Grave Memorial

"M" Townsend buried at the Friends Cemetery (Quaker) in North Lewisburg, Champaign County, Ohio has been identified as Mary Watson Townsend.  

Spotlighting "Saving Graves" -- Ohio is Now Back on The List on SavingGraves.net

If you have been involved with cemetery preservation and dealing with endangered cemeteries for awhile, then you may know about "Saving Graves"

**Please note, a permanent link to "Saving Graves" has been added to "Cemetery Websites with Several Links" on the left-hand side column of this blog.

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The good news is that the state of Ohio is now back on the list of the State Pages on "Saving Graves."

"ABOUT SAVING GRAVES"

"Saving Graves, the world's leading website dedicated to the protection, restoration, and preservation of endangered cemeteries worldwide, is a completely free-access online resource that provides to its visitors a wide assortment of preservation information and records.  It's primary goal is to promote and emphasize the use of the Internet as a means to provide protection of human burial sites from unauthorized and unwarranted disturbance, by man or nature. The offices of Saving Graves are located at:
Saving Graves
880 Main St
Boswell, PA  15531

History

The Saving Graves website debuted on the Internet in March of 2000, as a result of a posting to a newsgroup that mentioned new website, Save Our Old Cemeteries, that was a part of a family history website. The subject of endangered cemeteries being something that Bill Spurlock had long been interested in and he offered to take over the management of the website. He had found several websites that focused on cemetery preservation however a search of the Internet found that there was no single website that attempted to gather all state and national resources. Saving Graves was created to geographically organize all these resources.  

In November 2005, Bill decided to step down as the owner of Saving Graves and turned the operation over to Steve Stymiest of Rock Hill, South Carolina.  Steve was the state coordinator for South Carolina, North Carolina and South Dakota and the U. S. Coordinator for Saving Graves.  Steve passed away in November 2006.  Nathan Zipfel stepped in to rebuild the project in early 2007 after the original website went off-line and has been maintaining it since."

Partnerships

For information about partnering with Saving Graves, please Contact Us.

James Abram Garfield (1831 - 1881) - Find A Grave Memorial

James Abram Garfield (1831 - 1881) - Find A Grave Memorial

Announcing a Cemetery Restoration Workshop - Friday, October 17, 2014 at 9:00 AM - Saturday, October 18, 2014 at 4:00 PM (EDT) Richmond, Wayne Co., Indiana with Gravestone Conservator Jonathan Appell

Cemetery Restoration Workshop

Friday, October 17, 2014 at 9:00 AM - Saturday, October 18, 2014 at 4:00 PM (EDT)

Richmond, Wayne Co., IN

 "This will be a hands-on cemetery restoration workshop given by Jonathan Appell. All tools and materials required will be provided. 

The basic techniques taught the first day (FRIDAY 17 Oct. 9 AM - 4 PM) will also be taught on day two (SATURDAY 18 Oct 9 AM - 4 PM). 

Those that attend both days will be taught some additional advanced procedures.

Jeannie from the DNR will give classroom instruction on Friday evening (time and location to be determined).

This instruction along with the workshop will allow attendees to be certified to probe for grave markers. There will not be any charge for this class.

Jonathan Appell is a professional masonry conservation specialist with expertise in gravestone, monument, sculpture and historic masonry preservation. 

Trained in engineering, violin and cabinet making, sculpture and stone carving, Jonathan has worked in fields related to historic masonry for over 25 years. Materials and instructions will be provided onsite. 

Participants will learn how to identify different monument types, clean gravestones using appropriate materials, repair damaged monuments, and reset leaning or fallen headstones.

The Hoover Bulla Historic Cemetery will serve as the classroom for learning techniques that can be taken home for use in historic cemeteries. 

Direction and location of this Pioneer Cemetery will be sent to those that register.

There will be a small lunch provided. Bottled water will also be available. 

Please bring appropriate clothes for any weather. The workshop will be conducted regardless of the weather. Bring your own work gloves, safety glasses (if you want to use them), mask, hand tools, and any other items of a personal nature (might be a good idea to mark anything you bring). 

You might want to bring a lawn chair. Bug spray and sun screen will also be a good idea."                    ~*~*~*~*~*~*~*~*~
For any questions or additional information please contact Dave Sloan desloan@aol.com

 

Sharing an Update - Dean Cemetery, Buckskin Township, Ross County, Ohio

     Scott and Venus Andersen have spent 3 years routinely working at the Dean Cemetery in Buckskin Township, Ross County, Ohio where some of his ancestors are buried.  

     The photographs below illustrate the dramatic progress that has been made both with the clean up of the cemetery's grounds and the gravestones that they have located, cleaned, repaired, and re-set during that time.  

 

     Thanking Scott Andersen for sharing his most recent photographs taken at the Dean Cemetery:

From Scott Andersen (September 17, 2014):
     "Today, I finally got around to digging up Mary Lawhead's foot stone. We've known where the broken off base was located for some time now, and recently, Venus had located what we have assumed was the rest of the stone buried several inches down, just next to the base. Well, I dug up the whole thing, got the base out of the ground, and the part that had been hidden. What we found though was that pieces were still missing. 

     But, after taking a close look at what we had, I realized that at least some of the missing pieces were over in the "junkyard". 

     The piece that is the top of the stone, with the rounded edge had been lying over there in the pile. So that was quite a thrill, to match up one of those orphaned fragments with a "known" stone. 

     But, there was still a pretty substantial piece of the puzzle missing. After a few minutes of probing the area around the foot stone's location, we found the small piece that you see in the photo."

  

  (Above - Photograph courtesy of Scott Andersen)

Fragments for Mary Lawhead's footstone.

(Above - Photograph courtesy of Scott Andersen)

All of the found fragments of Mary Lawhead's footstone. 

 

 (Above - Photograph courtesy of Scott Andersen)

September 17, 2014 longer distance view of the Dean Cemetery 

 ~*~*~*~*~*~*~*~*~
Below are photographs taken at the Dean Cemetery in September of 2011 courtesy of Scott Andersen

  (Scott Andersen above at the Dean Cemetery in September, 2011)

(Below are two random views of the Dean Cemetery in September, 2011)

 

Upcoming Ohio Cemetery Law Task Force Meetings - September 19 and September 24

REMINDER:

OHIO CEMETERY LAW TASK FORCE MEETINGS COMING UP. 

BOTH OF THESE MEETINGS ARE OPEN TO THE PUBLIC:

~*~*~*~*~*~*~

Friday, September 19, 2014 at 10:00 a.m.:
 
77 South High Street, 22nd
Floor Hearing Room
Columbus, Ohio 43215

Wednesday, September 24, 2014 at 9:30 a.m.:
 
77 South High Street, 22nd
Floor Hearing Room
Columbus, Ohio 43215
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
You can direct any questions about the meetings to:
Laura A. Monick
Registration and Resolution Section Chief
Ohio Department of Commerce
Ohio Division of Real Estate & Professional Licensing
77 South High Street, 20th Floor
Columbus, OH 43215
614-466-5384 www.com.ohio.gov

Mark Your Calendar for October 4, 2014 - It's "History Day" in Greenfield, Ohio with a Focus on the Restoration Progress at the Old Burying Ground by Greenfield Ohio Historical Society Volunteers

Greenfield Historical Society's "History Day"   will be held on Saturday, October 4, 2014 from 10:00a.m. to 4:00p.m. 

This year it will also feature historical society volunteers discussing the ongoing cemetery preservation work that has been conducted this summer at Greenfield's oldest cemetery - The Old Burying Ground.

 (Photograph above taken August 9, 2014)

 From the Greenfield Historical Society's website:

"Another volunteer day was held at the Old Burying Ground adjacent Travellers Rest on September 6, 2014, to clean and repair gravestones. 

Led again by Scott Anderson, he was joined by his wife Venus, Gloria Losey, John King, Shirley Shields and Michael Gates. There is a tremendous amount of progress being made in this project." 

Click HERE to read the story "Cemetery restoration to be featured on History Day, Oct. 4" 

~*~*~*~*~*~*~*~ September 16, 2014 9/16/2014 3:49:00 AM Cemetery restoration to be featured on History Day, Oct. 4 Gloria Losey cleans a stone that will later be repaired by Scott Andersen.     Courtesy of Harold Schmidt Greenfield Historical Society

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=135877387

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=135877387

Sharing Betty Sharik Find A Grave Memorial

Virginia Harriet Zagorsky Limes (1914 - 1995) - Find A Grave Memorial

Virginia Harriet Zagorsky Limes (1914 - 1995) - Find A Grave Memorial

Sharing in honor of my mother who would be 100 years old tomorrow.   

Taking a Closer Look at the Chardon Road Cemetery in Willoughby Hills, Lake County, Ohio

Thanking Sunny McClellan Morton for bringing to my attention some gravestone condition issues she found while photographing gravestones and posting them online at "Billion Graves.com"at the Chardon Road Cemetery in Willoughby Hills, Lake County, Ohio.  

~*~*~*~*~*~*~

Thanking Erica Hines Zaharia also for so kindly visiting the Chardon Road Cemetery this past week and for sharing some photographs she took during her visit (see below).  

~*~*~*~*~*~*~

Thanking Gloria Majeski, Executive Asisstant to Mayor Weger of Willoughby Hills, Ohio, for further information regarding the city's maintenance work at the Chardon Road Cemetery and at Maple Grove Cemetery and SOM Center Cemetery.

(Photographs below from Erica Hines Zaharia)

 (Above) 

Broken unknown gravestones and an American Flag amidst the overgrowth of plantlife.

 Above: 
Gravestone for Eliza A. Spring

 

    There are 60 interments listd at the Chardon Road Cemetery  on the website: "Find A Grave." 

"Lake County Genealogical Society (Ohio)" 
"Chardon Road Cemetery (Smith Farm - Shram) (inactive)":

Chardon Road Cemetery in Willoughby Hills, Lake County, Ohio.

~*~*~*~*~*~*~*~*~*~*~*~

Sent: Thursday, September 11, 2014 2:12 PM
Subject: RE: Question regarding Chardon Road Cemetery

"Chardon Road Cemetary – The City is responsible for its care.  It was originally a Twp. cemetery and when the city was incorporated, they took over the care for this.  The Chardon Road Cemetery is located next to Local Tavern (Orchard Drive) in Willoughby Hills.  Willoughby Hills shares zip code 44092 with Wickliffe, but the cemetery is actually located in Willoughby Hills, not Wickliffe.

The other 2 cemetaries that the City maintains are:

 Maple Grove Cemetary (next door to Maple Grove Grange)

 SOM Center Cemetary (located on the North side of I-90 westbound exit ramp).

All of these cemetaries are closed to new burials by law."

 

Gloria Majeski,

Executive Assistant to Mayor Weger

City of Willoughby Hills

35405 Chardon Road

Willoughby Hills, OH  44094

440-918-8730   fax:  440-975-3535

Ohio House Bill 576 - A Step in the Right Direction for Funding Maintenance Expenses at Township Cemeteries

Ohio House Bill 576 -- "To amend section 5705.19 of the Revised Code to lengthen the maximum term of a property tax levied for the purpose of operating a cemetery."

From Heidi M. Fought:

"The bill will allow townships to place upon the ballot a request for a continuous levy as opposed to just a 5 year levy.  The OTA supports this legislation and worked with the sponsor before introduction.  We are hoping to get this bill out during lame duck this fall and if not, passed next spring."

 

"The benefit to a township would be that they wouldn’t have to go back to the ballot every 5 years to renew a cemetery levy.  It would simply  be a continuous levy.  That is all the bill does.  We like it because cemetery maintenance is a mandated responsibility and so this provides a stable source of revenue should a township seek to put on this type of levy."

"If this bill should pass, a township would have the option of placing a 5 year OR continuous levy on the ballot.  If the bill doesn’t pass, a township would still have the ability to place a 5 year levy on the ballot."
 
Heidi M. Fought
Director of Governmental Affairs
Ohio Township Association
6500 Taylor Road, Suite A
Blacklick, OH 43004
(614) 863-0045
(614) 863-9751 Fax 

Remember: September 11, 2001 - A site presented by Legacy.com

Remember: September 11, 2001 - A site presented by Legacy.com

Revealing Simple Truths that Answer the Question: "Why is It Important to Preserve Cemeteries?"

Sharing this short story from West Virginia Public Broadcasting that was published online on September 9, 2014 by Liz McCormick that outlines easy to remember reasons that answer the question: "Why is it important to preserve cemeteries?" 

Please click HERE to read the article and learn what they are!

 

Stone Revival Historical Preservation Basic Workshop Coming Up on Saturday, September 27, 2014 in Franklin, Indiana

  From Brad Manzenberger of  Stone Revival Historical Preservation:

There are a few open slots left for the upcoming hands-on cemetery preservation workshop to be held in Franklin, Indiana on Saturday, September 27, 2014 from 9:00a.m. to 5:00p.m. at the Greenlawn Cemetery in Franklin, Indiana.  

                   ** Cemetery Preservation Workshop**

 Stone Revival Historical Preservation will sponsor a one day Basic Cemetery Preservation Workshop on Saturday, September 27, 2014 at Greenlawn Cemetery in Franklin, IN (100 W. South St., Franklin, IN 46131). The workshop will begin at 9AM and go until 5PM. 




Cost for this workshop is $20 per person and can be paid by check or credit/debit card. 

This workshop is limited to 20 participants.

~*~*~*~*~*~

Topics to be discussed are:
 
Assessing the cemetery
 
Documentation
 
Creating a Preservation Plan
 
Cleaning grave markers
 
Mortar
 
Resetting tablet-style markers
     - without a slotted base
     - with a slotted base
     - creating a replacement base



Most of the day will offer hands on experience for all participants. Lecture will be short so we can get our hands dirty. Participants should bring their own lunch.
Checks made payable to Stone Revival Historical Preservation can be sent to:
Stone Revival Historical Preservation
P.O. Box 7383
Greenwood, IN 46142

You can register and pay online by clicking the button below.

 

Sharing a Link for the Fourth Cemetery Preservation Workshop Held Saturday, September 6, 2014 at the Old Burying Ground in Greenfield, Highland County, Ohio

Click HERE for pictures of the Fourth Cemetery Preservation Workshop that was held on September 6, 2014, at the Old Burying Ground in Greenfield, Highland County. Ohio.  

As with the previous workshops held this year at the Old Burying Ground, Scott and Venus Andersen led the other Greenfield Historical Society volunteers with the group's work to clean, repair, and in some instances, re-set broken gravestones to once again stand upright.  

Good progress is evident and the Old Burying Ground certainly looks increasing improved after the conclusion of each workshop.  The entire group is to be congratulated for their perseverance and efforts. 

~*~*~*~*~*~

The website "Find A Grave" current lists 412 interments at the Old Burying Ground. 

Spotlighting Milldale Cemetery (AKA School Land Cemetery), New Boston, Scioto County, Ohio

Thanking Andrea Smith Nelson for the cemetery and grave marker photographs, Eva Smith for the obituaries, and Mindy 'Malinda' Huffman Cook for sharing the Milldale Cemetery map.  

 ~*~*~*~*~~*

Milldale Cemetery needs much improved maintenance and restoration of several gravestones.

From Eva Smith:   

"Eliza Ellen Presley Bailey and sons David and Joseph Jr."

"Eliza Ellen Presley Bailey – 1888-1930, metal marker. Eliza Ellen Bailey, 40, gave birth to her seventh child, son David Marshall Bailey, on 10 Dec 1930 and died the next day in Mercy hospital. Infant son David died in June 1931, six months after his mother’s death, and his brother Joseph W. Bailey Jr., 4, died the next month, in July 1931, after being struck by a car. Mrs. Bailey was born in Scioto County, Ohio, a daughter of Howard and Lettie Presley and spent most of her life in Portsmouth, Ohio. She was a member of the New Boston Christian Church. She was survived by her husband Joseph W. Bailey Sr.; six children, Nellie, Robert, Albert, Virginia, Joseph W. Jr., and David; a brother, John Presley of Columbus, Ohio; and three sisters, Mary Locher of New Boston, Ohio, Laura Schomberg and Hattie Neal of Hicksville, Ohio. Her son David’s obituary lists another child, Ruth, who preceded him in death. Services for Mrs. Bailey were held from the Emrick funeral home with Walter Bagley officiating. Note: A funeral notice says that interment was in Greenlawn cemetery. However, family members say she was buried in the Milldale Cemetery and a 1997 cemetery inventory supports that. Sources: 1. 1997 Campbell-Underwood inventory, No. 59 on the map. 2. Family members. 3. Obituaries, The Portsmouth Times, 11 Dec 1930, Page 17, and 12 Dec 1930, Page 25.

David Marshall Bailey – 1930-1931, metal marker. David was born 10 Dec 1930 in Ohio, a son of Joseph H. Bailey Sr. and Eliza Ellen Presley Bailey. His mother died the next day. David died six months later on 14 Jun 1931. In addition to his father, David was survived by brothers Albert, Robert and Joseph Jr. and sisters Virginia and Nellie. A sister Ruth preceded him in death. Sources: 1. 1997 Campbell-Underwood inventory, No. 58 on the map. 2. Obituary, The Portsmouth Times, 15 June 1931, Page 13. 3. Ohio death records.

Joseph W. Bailey Jr. – 1925-1931. Metal marker. Joseph W. Bailey Jr., 4, died after being hit by an automobile around midnight on 25 July 1931. According to a newspaper article, the little boy had stepped out into the street from behind a parked car. The driver, who was exonerated, rushed the Joseph to the hospital. Joseph was a son of J.W. Bailey Sr. and the late Eliza Ellen Presley Bailey. 

This was the third death in the Bailey family within a few months. Mrs. Bailey died in December 1930 after giving birth to her seventh child, David. David, six months old, died in June 1931, a month before Joseph was killed. Mrs. Bailey and David are also buried in the Milldale Cemetery. Joseph was survived by his father, sisters Nellie and Virginia, and brothers Robert and Albert. Sources: 1. 1997 Campbell-Underwood inventory, No. 57 on the map. 2. family members. 3. Child Suffers Fatal Injury; Struck By Auto, The Sunday Portsmouth Times, 26 July 1931, Page 1. 4. obituary, Rites Tuesday For Bailey Boy, The Portsmouth Times, 27 July 1931, Page 2."

 

 Obituary of William M. Rice

 

From Eva Smith:     

 

"This looks like: "Rice, Corpl. William M. -- 1982 inventory notes: “Co C 40Ky Mt Inf. Broken and leaning against tree.” 1997 inventory: No. 61 on map. Tombstone photo taken 2010. Sources: 1. 1982 Ramsey inventory. 2. 1997 Campbell-Underwood inventory." 

The tombstone is in worse shape than in 2010."

 

 

Time is Running Out to Express Your Cemetery Concerns to the Ohio Cemetery Law Task Force -- Next Meeting Open to the Public is Scheduled for Friday, September 19, 2014

The Ohio Cemetery Task Force has been meeting monthly in Columbus since January, 2014.   

Their report and recommendations are due to the Governor, Speaker of the House, and President of the Senate by September 29, 2014.

Speaking for myself, I am particularly troubled by one of the paragraphs that is in the July 25, 2014 meeting minutes that appears under Section III. "New Business" :

"Mr. Russell then expressed his belief that all cemeteries need to be protected including the tombstones that are artifacts about the people. Tombstones can be interpreted to show the economic status of the family by the type and size of stone used; if there was a stonecutter in the community; where the stone came from tells us about the trade between people; and decorations
and epitaphs which reveal to us much about the community itself. While these cemeteries do not
need to be maintained the same as registered cemeteries they do need some protection. The task
force members agreed with Mr. Russell’s statements and concluded that the statements should be
added as part of the justification under criminal sanctions."

***********

I agree that ALL cemeteries need to be protected, however, unfortunately in the State of Ohio the filing of a Cemetery Complaint to the Ohio Dispute Resolution Commission can only be made on behalf of registered cemeteries -- those with burials within the past 25 years and those that are not considered to be  'family cemeteries.' 

Cemeteries that do not meet the above-stated requirements are not eligible to be registered. Thus as non-registered cemeteries they are deemed to be ineligible to be included in the process of filing formal complaints against those who are responsible for them.  This includes for reasons such as lack of routine maintenance or any other issues negatively impacting them.  

This discrimination means relegating literally thousands of Ohio's oldest and most vulnerable cemeteries to be classified as inactive cemeteries and not eligible for the same protections as active cemeteries.     

 Active = Registered        Inactive = Non-Registered

"While these cemeteries do not need to be maintained the same as registered cemeteries they do need some protection." 

The one sentence directly above above fails to explain any reasons why the members of the Ohio Cemetery Law Task Force conclude "these cemeteries do not need to be maintained the same as registered cemeteries...." And "need some protection" -- why would they need any less protection than registered cemeteries??  Descendants and family researchers do visit inactive and abandoned cemeteries, and gravestone conservation workshops have been held in them to cite two reasons for maintaining  them.    

**********

 Ohio Revised Code - "Lawriter" & Registered Cemetery Information

From Lawriter for Ohio Revised Code for Cemeteries

 

Dennis Ginty; May 7, 2013: 

"The Division does not register cemeteries that are family cemeteries and it doesn’t register cemeteries that have not had an interments during that last 25 years.  A Family cemetery is defined as “a cemetery that contains the human remains of persons, at least three-fourths of whom have a common ancestor or who are the spouse or adopted child of that common ancestor.” 
 

"Yes, you are correct that the minimum maintenance guidelines apply to registered cemeteries (Ohio Revised Code Section 4767.06 (H)).  The Cemetery Dispute Resolution Commission does not have the authority to create minimum maintenance guidelines for non-registered cemeteries." 

"Ohio Revised Code Section 4767.07 states a person may file a complaint against any person operating or maintaining a cemetery registered pursuant to section 4767.03.  The Division does not have jurisdiction to take complaints against unregistered cemeteries.  We are not aware of any other complaint process." 

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The next Ohio Cemetery Law Task Force Meeting is open to the public and scheduled for:

Friday, September 19^th at 10:00 a.m.

77 South High Street, 22^nd Floor, Columbus, OH 43215

If you are not able to attend this meeting in person, please consider contacting:

Ohio Cemetery Task Force Co-Chairperson:

Anne.Petit@com.state.oh.us 

Anne M. Petit
Superintendent

Ohio Department of Commerce

Division of Real Estate & Professional Licensing
Direct dial: 614-466-3411
Fax number: 614-644-0584
Office number: 614-466-4100

 

Or

Per the August 20, 2014 meeting minutes, Mr. Patrick Paccininni, general counsel for ODOT, will be the designated chair person at the September 19, 2014 meeting.  

Patrick Paccininni

Phone #: 614-446-7200

patrick.paccininni@dot.state.oh.us