MINUTES OF THE MEETING OF THE OHIO CEMETERY LAW TASK FORCE
77 S. High Street, 22nd Floor Hearing Room May 16, 2014
Columbus, OH 43215-6133 9:30 a.m.
____________________
I. Preliminary Matters
Co-chair Noonan called the meeting to order.
Roll Call: Laura Monick conducted roll call.
Present: Daniel Applegate, Stephen George, Dr. John N. Low, Hon. Cory Noonan, Patrick Piccininni, Jay
Russell, David Snyder, James Turner, James Wright, Laura Monick on behalf of Anne M. Petit.
Excused: Hon. Keith G. Houts, Anne M. Petit
Review of Meeting Minutes: Co-Chair Noonan opened the floor for discussion of the minutes of the April
28, 2014 meeting of the Ohio Cemetery Law Task Force. There being no discussion Mr. Turner moved to
approve the minutes of the April 28th meeting. Mr. Applegate seconded the motion. The motion passed
unanimously.
II. Old Business
Co-Chair Noonan opened the floor for discussion of old business. The task force discussed whether they
wanted to take motions on specific definitions or work towards drafting all the recommendations together.
The taskforce agreed to finalize all of their recommendations in a draft document prior to entertaining
motions.
Laura Monick presented Chief Glenna Wallace’s (Eastern Shawnee Tribe of Oklahoma) written testimony
that was originally offered to the Ohio Legislative Commission on the Education and Preservation of State
History on May 13, 2010. Dr. Low stated that the written testimony from 2010 remains relevant today and
asked that it be accepted by the task force. Mr. George moved to accept the written testimony of Chief
Wallace. Mr. Turner seconded the motion. The motion passed unanimously. Mr. Piccininni joined the meeting at 9:46 am.
The task force then moved onto definition of terms and discussed “abandonment”. Mr. Turner presented his
draft amendments to ORC 4767.12 to include a definition of abandonment. Discussion then moved to the
topic of separate protection for family cemeteries on private property and whether the task force should look
at increasing criminal penalties and creating a reporting process for discovery of remains on private property
for protection of those remains. There was also discussion on incorporating NAGPRA by rule to provide
notice requirements for ancestral remains.
The proposed definition of human remains was read into the record as “human remains means any part of the
body of a deceased human being in any stage of decomposition or state of preservation or the remaining bone fragments from the body of a deceased human being that has been reduced by cremation or alternative
disposition.” There was no discussion as the task force agreed with the definition as presented.
The task force moved on to the proposed definition of maintenance; agreeing to the newly proposed
additions of paragraphs F & G while taking out the words: “burial ground or burial site” and “building.”
(F) Whether registered or unregistered, no cemetery, burial ground or burial site will be permitted to become a nuisance as defined by applicable law. Division staff is authorized to make nuisance referrals to local building authorities with jurisdiction over the cemetery, burial ground or burial site.
(G) For purposes of this section, a cemetery in a condition that would rise to the level of a nuisance is not considered reasonable maintenance.
The task force then deliberated over the term inactive and whether that would include when a cemetery is no longer selling burial rights or no longer conducting burials but where the cemetery is still being cared for by an operator. Mr. Applegate and Mr. Wright provided that the industry would consider a state of inactivity to be when there are no more interments; however, it would be possible for a “full” cemetery to discover land where they could put a columbarium and the cemetery would then be active again. After deliberating further, the task force concluded that at this time they would not define the term inactive unless it comes up in future discussions.
III. New Business
Co-chair Noonan brought the task force into new business and discussion began on natural burial, the Green Burial Council, the Federal Trade Commission rules on advertising “green,” and current Ohio laws that relate to natural burials. The task force wants to encourage cemeteries to be able to offer services that consumers want currently and in the future.
The task force briefly talked about the Ohio Department of Natural Resources, Division of Natural Areas and Preserves having two nature preserve cemeteries. The task force requested more information on what the cost is to maintain those cemeteries and what the management program does to preserve the tombstones.
This led to a dialogue on whether there was a way to define, identify and categorize a “history preserve” or whether ORC Chapter 149 and archeological sites is a vehicle to address historical cemeteries. The task force identified two items they may want to address with respect to historic cemeteries - how to recognize their existence and how to protect them. The task force requested more information on ORC Chapter 149 and agreed to table their discussion pending the requested information.
Finally, the task force determined that they will not include a definition for “natural burial” but will instead include a general recommendation that natural burials be permitted to remain legal as long as the natural burial does not violate health codes.
The task force next moved to record keeping. The task force recognized they would like to integrate record
keeping in a way that is useful and connects all the different cemeteries. There was discussion on ORC 4767.12 additions to address how a receiver appointed under that statute would handle the cemetery records. Mr. Turner will present a draft at the next meeting. The task force agreed that a draft of ORC 4767.12 should be presented to the Ohio Township Association and Ohio Municipal League after the task force has had an opportunity to fully vet the changes being drafted.
Further discussion on record keeping included digitizing records: the cost and the proper way to store as current electronic storage options may become outdated. The task force determined that a recommendation for a centralized database may be too far reaching and therefore will include in their general recommendations that in the future the General Assembly may consider the method, medium and place for storage of cemetery records for public access due to the historical and genealogical value of those records.
Next Meeting Dates:
June 6, 2014 at 9:30am.
IV. Adjournment
Mr. Turner moved to adjourn. Dr. Low seconded the motion. The motion passed unanimously.
Thursday, June 12, 2014
Ohio Cemetery Law Task Force Meeting Minutes (Draft) - June 6, 2014
"MINUTES OF THE MEETING OF THE OHIO CEMETERY LAW TASK FORCE"
77 S. High Street, 22nd Floor Hearing Room June 6, 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: Stephen George, Dr. John N. Low, Hon. Cory Noonan, Anne M. Petit, Patrick Piccininni, Jay Russell, David Snyder, James Turner, James Wright
Excused: Daniel Applegate, Hon. Keith G. Houts
Review of Meeting Minutes: Co-Chair Petit opened the floor for discussion of the minutes of the May 16, 2014 meeting of the Ohio Cemetery Law Task Force. There being no discussion Mr. Turner moved to approve the minutes of the May 16th meeting. Mr. Piccininni seconded the motion. The motion passed
unanimously.
II. Old Business
Co-Chair Noonan opened the floor for discussion of old business. Discussion began on the new draft
language for ORC 4767.09 and 4767.12. Mr. Turner noted a few changes to the draft as handed out. Mr.
Turner moved to accept the corrected amendments of ORC 4767.09 and 4767.12 into draft form for the final recommendation. Mr. Russell seconded the motion. The motion passed unanimously. ORC 4767.09
(D) Cemeteries dedicated as a nature preserve or cemeteries, including sections within a cemetery,
that are specifically designed and established as natural burial sites and are intended to be
maintained in a natural condition at the visible surface grade of the facility are not subject to the
maintenance requirements of this section. Reasonable maintenance and repairs by the owner or
person responsible for the operation of the registered cemetery shall be done in accordance with the
rules and regulations of the cemetery, an independent conservation plan, or the cemetery master
plan.
ORC 4767.12 Cemetery ceasing to operate, abandoned cemetery, division’s duties.
When the division has information that the owner or person responsible for the operation and
maintenance of a registered cemetery has ceased operation and is no longer reasonably maintaining
the cemetery, the division may investigate the cemetery to determine the cemetery’s current status
and to determine whether the cemetery has been abandoned. If the division finds substantial
evidence that the cemetery has ceased operation, is abandoned, and a municipality or township has
not taken control of such cemetery, the division may apply to the appropriate court of common
pleas probate division to have the cemetery declared to be abandoned and for appointment of a
temporary receiver or trustee. The order appointing the temporary receiver or trustee shall order
the trustee or trustees of the endowment care trust of the cemetery to make distributions in
accordance with this section.
Upon the termination and winding-up of the temporary receivership or trusteeship the receiver or trustee shall transfer the cemetery and its assets and records to the new owner or operator if one is named.
If there is no new owner or operator at the time of winding-up then the court shall distribute such assets as may remain in its discretion and shall cause the records of the former cemetery to be delivered to the Ohio Historical Society for archival or other purposes as the Society may deem appropriate pursuant to its authority as set forth in Chapter 149 of the Revised Code.
The receiver shall be compensated by the owner or person responsible for the operation of the cemetery as indicated in Division records. If the owner or person responsible for the operation of the cemetery has no assets available to pay the receiver, the receiver shall only be paid from the income of interest and dividends in the endowment care trust being held pursuant to section 1721.21 of the Revised Code. The receiver may not invade the principal or capital gains of the trust.
When the owner or person responsible for the operation or maintenance of a cemetery has, either by choice or circumstance, ceased operation and has allowed the cemetery to be declared a nuisance as defined by applicable law, then that cemetery has been “abandoned” for the purpose of this chapter.
The task force then moved onto the requested information provided by Foxfield Preserve – the cemetery’s Rules and Regulations and the restrictive covenant. Discussion commenced on registered cemeteries with natural sections comingled with an existing cemetery that is maintained as manicured; the liability of a cemetery maintained as a nature reserve or natural area and the determination that the appropriate place to address liability should be by the cemetery in their Rules and Regulations as well as cemetery signage. There was a brief discussion on the Ohio Department of Natural Resource’s nature preserve cemeteries.
The task force began discussion of natural burials as the term is used in the proposed amendment to ORC 4767.09(D). After the discussion, Mr. Turner moved that the task force use Foxfield Preserve’s definition of natural burial as a working draft as well as using the restrictive covenants as a guide. Mr. Russell seconded the motion. The motion passed unanimously.
At the conclusion of old business Co-chair Noonan moved that the written testimony of Kathy Flayler, Manager of the WillowView Cemetery Association, and of Fredric C. Lynch, Past Department Commander of the Sons of Union Veterans of the Civil War, Department of Ohio, Veterans’ Monuments and Memorials Preservation Task Group, be admitted into record. Mr. Turner seconded the motion. The motion passed unanimously.
III. New Business
Co-chair Petit brought the task force into new business and discussion began on preservation/protection of historical cemeteries. The task force deliberated on current criminal statutes that could apply; whether those penalties should be increased; whether penalties should include volunteer service in the cemetery where the crime occurred; who has standing to bring criminal charges when a cemetery is on private property and civil liability for entities that desecrate cemeteries for development purposes.
The task force also revisited the interested party testimony that touched on increasing criminal penalties and whether the criminal statutes can be amended to create specific language concerning veterans’ graves and veterans’ memorials.
The task force also discussed at length whether due process currently exists where economic development may occur at the site of a historic cemetery; ownership of land versus owning the burial right and whether the mere existence of a cemetery creates an encumbrance regardless of whether the cemetery is noted on the deed.
The task force also touched on the trade and display of human remains; mounds and earthworks and whether to develop a process similar to NAGPRA for when ancestral remains are found.
Finally, the task force concluded that a tenet in the recommendations should be that all burial sites and human remains, regardless of historic period or culture, receive the same level of protection and respect.
Mr. George excused himself from the meeting at 12:00 pm.
Next Meeting Dates:
June 27, 2014 at 9:30am.
IV. Adjournment
Co-chair Petit moved to adjourn. Mr. Russell seconded the motion. The motion passed unanimously.
77 S. High Street, 22nd Floor Hearing Room June 6, 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: Stephen George, Dr. John N. Low, Hon. Cory Noonan, Anne M. Petit, Patrick Piccininni, Jay Russell, David Snyder, James Turner, James Wright
Excused: Daniel Applegate, Hon. Keith G. Houts
Review of Meeting Minutes: Co-Chair Petit opened the floor for discussion of the minutes of the May 16, 2014 meeting of the Ohio Cemetery Law Task Force. There being no discussion Mr. Turner moved to approve the minutes of the May 16th meeting. Mr. Piccininni seconded the motion. The motion passed
unanimously.
II. Old Business
Co-Chair Noonan opened the floor for discussion of old business. Discussion began on the new draft
language for ORC 4767.09 and 4767.12. Mr. Turner noted a few changes to the draft as handed out. Mr.
Turner moved to accept the corrected amendments of ORC 4767.09 and 4767.12 into draft form for the final recommendation. Mr. Russell seconded the motion. The motion passed unanimously. ORC 4767.09
(D) Cemeteries dedicated as a nature preserve or cemeteries, including sections within a cemetery,
that are specifically designed and established as natural burial sites and are intended to be
maintained in a natural condition at the visible surface grade of the facility are not subject to the
maintenance requirements of this section. Reasonable maintenance and repairs by the owner or
person responsible for the operation of the registered cemetery shall be done in accordance with the
rules and regulations of the cemetery, an independent conservation plan, or the cemetery master
plan.
ORC 4767.12 Cemetery ceasing to operate, abandoned cemetery, division’s duties.
When the division has information that the owner or person responsible for the operation and
maintenance of a registered cemetery has ceased operation and is no longer reasonably maintaining
the cemetery, the division may investigate the cemetery to determine the cemetery’s current status
and to determine whether the cemetery has been abandoned. If the division finds substantial
evidence that the cemetery has ceased operation, is abandoned, and a municipality or township has
not taken control of such cemetery, the division may apply to the appropriate court of common
pleas probate division to have the cemetery declared to be abandoned and for appointment of a
temporary receiver or trustee. The order appointing the temporary receiver or trustee shall order
the trustee or trustees of the endowment care trust of the cemetery to make distributions in
accordance with this section.
Upon the termination and winding-up of the temporary receivership or trusteeship the receiver or trustee shall transfer the cemetery and its assets and records to the new owner or operator if one is named.
If there is no new owner or operator at the time of winding-up then the court shall distribute such assets as may remain in its discretion and shall cause the records of the former cemetery to be delivered to the Ohio Historical Society for archival or other purposes as the Society may deem appropriate pursuant to its authority as set forth in Chapter 149 of the Revised Code.
The receiver shall be compensated by the owner or person responsible for the operation of the cemetery as indicated in Division records. If the owner or person responsible for the operation of the cemetery has no assets available to pay the receiver, the receiver shall only be paid from the income of interest and dividends in the endowment care trust being held pursuant to section 1721.21 of the Revised Code. The receiver may not invade the principal or capital gains of the trust.
When the owner or person responsible for the operation or maintenance of a cemetery has, either by choice or circumstance, ceased operation and has allowed the cemetery to be declared a nuisance as defined by applicable law, then that cemetery has been “abandoned” for the purpose of this chapter.
The task force then moved onto the requested information provided by Foxfield Preserve – the cemetery’s Rules and Regulations and the restrictive covenant. Discussion commenced on registered cemeteries with natural sections comingled with an existing cemetery that is maintained as manicured; the liability of a cemetery maintained as a nature reserve or natural area and the determination that the appropriate place to address liability should be by the cemetery in their Rules and Regulations as well as cemetery signage. There was a brief discussion on the Ohio Department of Natural Resource’s nature preserve cemeteries.
The task force began discussion of natural burials as the term is used in the proposed amendment to ORC 4767.09(D). After the discussion, Mr. Turner moved that the task force use Foxfield Preserve’s definition of natural burial as a working draft as well as using the restrictive covenants as a guide. Mr. Russell seconded the motion. The motion passed unanimously.
At the conclusion of old business Co-chair Noonan moved that the written testimony of Kathy Flayler, Manager of the WillowView Cemetery Association, and of Fredric C. Lynch, Past Department Commander of the Sons of Union Veterans of the Civil War, Department of Ohio, Veterans’ Monuments and Memorials Preservation Task Group, be admitted into record. Mr. Turner seconded the motion. The motion passed unanimously.
III. New Business
Co-chair Petit brought the task force into new business and discussion began on preservation/protection of historical cemeteries. The task force deliberated on current criminal statutes that could apply; whether those penalties should be increased; whether penalties should include volunteer service in the cemetery where the crime occurred; who has standing to bring criminal charges when a cemetery is on private property and civil liability for entities that desecrate cemeteries for development purposes.
The task force also revisited the interested party testimony that touched on increasing criminal penalties and whether the criminal statutes can be amended to create specific language concerning veterans’ graves and veterans’ memorials.
The task force also discussed at length whether due process currently exists where economic development may occur at the site of a historic cemetery; ownership of land versus owning the burial right and whether the mere existence of a cemetery creates an encumbrance regardless of whether the cemetery is noted on the deed.
The task force also touched on the trade and display of human remains; mounds and earthworks and whether to develop a process similar to NAGPRA for when ancestral remains are found.
Finally, the task force concluded that a tenet in the recommendations should be that all burial sites and human remains, regardless of historic period or culture, receive the same level of protection and respect.
Mr. George excused himself from the meeting at 12:00 pm.
Next Meeting Dates:
June 27, 2014 at 9:30am.
IV. Adjournment
Co-chair Petit moved to adjourn. Mr. Russell seconded the motion. The motion passed unanimously.
Spotlighting: "Lorain County Sacred Landmarks Initiative" -- Focusing on Cemeteries as Sacred Landmarks
It is my pleasure to share a link to the Facebook Page of "Lorain County Sacred Landmarks Initiative"
From their Facebook Page:"Lorain County Sacred Landmarks - Cemeteries of Lorain County."
"Looking for an interesting, historical, adventure close to home this summer? Sacred Landmarks is beginning a new series on the cemeteries of Lorain County. We will showcase through pictures and maps the various burial plots that grace our county. We will visit places ranging from the Columbia Center Cemetery founded in 1811 to the 1942 established Agudath Achim Cemetery / From the Charleston Cemetery located virtually in downtown Lorain ( note picture taken by the Charleston Village Society ) to 32 miles away Bakers Crossing Cemetery in Huntington Twp / along the way visiting the 8 cemeteries located in Amherst Township to the Rugby Cemetery in Brownhelm Township."
"Looking for an interesting, historical, adventure close to home this summer? Sacred Landmarks is beginning a new series on the cemeteries of Lorain County. We will showcase through pictures and maps the various burial plots that grace our county. We will visit places ranging from the Columbia Center Cemetery founded in 1811 to the 1942 established Agudath Achim Cemetery / From the Charleston Cemetery located virtually in downtown Lorain ( note picture taken by the Charleston Village Society ) to 32 miles away Bakers Crossing Cemetery in Huntington Twp / along the way visiting the 8 cemeteries located in Amherst Township to the Rugby Cemetery in Brownhelm Township."
Cemeteries included thus far:
South Pittsfield Cemetery (Whitney Cemetery) - Pittsfield Township.
East Pittsfield Center Cemetery - Pittsfield Township.
Penfield Cemetery - Penfield Township.
South Henrietta Cemetery - Henrietta Township.
Sanders Hill Cemetery - Henrietta Township.
Andress Cemetery (Gore Road Cemetery) Cemetery - Henrietta Township.
Henrietta Methodist Church Cemetery - Henrietta Township.
Saint Joseph Cemetery - Amherst Township.
Kendeigh Cemetery - Amherst Township.
Village of South Amherst Pioneer Cemetery.
Village of South Amherst Evergreen Cemetery.
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