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.
Wednesday, May 21, 2014
Tuesday, May 20, 2014
Winfield Scott Limes (1875 - 1959) - Find A Grave Memorial
Thanking Joel N. Cocker, for his expert restoration work on my grandfather (and Joel's great-great grandfather!) Winfield Scott Limes photograph originally taken sometime in the late 1940s to early 1950s.
The photograph had suffered water damage and had a crease running horizontally across the facial area. Thanks to Joel's fantastic work, the photograph appears to have been just taken yesterday! I am so excited to share here after posting it on the "Find A Grave" memorial for Winfield Scott Limes, born in Pickaway County, Ohio and died in Lorain, Ohio.
Monday, May 19, 2014
Urbana's Old Graveyard is Remembered with an Ohio Historical Marker - June 7, 2014 at 1:00p.m.
Champaign County Historical Society809 East Lawn Avenue Urbana, Ohio 43078937-653-6721champhistmus@ctcn.net
May 15, 2014
URBANA’S OLD GRAVE YARD TO RECEIVE HISTORIC MARKER URBANA, OHIO
A spacious, grassy plot at the northeast corner of the intersection of Ward and Kenton Streets in Urbana has witnessed pick-up ball games, flyers of kites, builders of snowmen, picnickers, youngsters school bound and neighborhood families out for a stroll.
It is doubtful that any of them realized the significance of this little park, established in 1805 as the first burial grounds for the Urbana settlement.
For nearly two centuries, this quiet spot has fulfilled its assignment as a final resting place for pioneer ancestors, but with nary a headstone, a monument, a flag or a flower to tell its story to passersby. That will soon be remedied.
June 7 at 1 p.m., the Champaign County Historical Society (CCHS), in collaboration with the Ohio Historical Society, will unveil a historic marker at the site of what is known as the Old Grave Yard at the corner of Ward and Kenton Streets, once the north and east boundaries of Urbana, explaining the reason for this little clearing in the midst of a residential neighborhood.
In addition to the Champaign County and Ohio Historical Societies, the event is being sponsored by the Walter Smith Funeral Home and the City of Urbana and was organized by the CCHC Historic Marker Committee, Joe Rizzutti, chair, Mark Gaver and Dan Walter.
The text of the marker acknowledges the location as the county’s original burial ground, dedicated in 1805 and in use until 1856, and honors those still interred, one of which is believed to be a young daughter of Simon Kenton.
The reverse side of the marker commemorates the 202nd anniversary of the War Council of 1812, a gathering of local settlers and representatives of the Wyandot and Shawnee tribes held in 1812 about a hundred yards southwest of the Old Grave Yard.
The War Council was called by Ohio Governor Meigs to assure the Native Americans that should General William Hull’s troops, then encamped in Urbana, be deployed to Detroit through tribal lands, the terms of the Treaty of Greenville would be upheld, and to confirm that the Native Americans would stand as our allies against the British.
The June 7 program will include dedicatory remarks by sponsors and project researchers. Some of the Kenton Kin, descendants of Simon Kenton, will be introduced as will members of the Shawnee, Seneca, Mingo and Wyandot Nations. Historic re-enactors in period costume will be on hand and a Native American Drumming Ceremony will be featured.
Following the on-site formalities, the Champaign County Historical Society will host a reception at the Museum.
Rizzutti notes that city records, maps, county histories, biographies and newspaper articles contributed to the information for the marker application, but some of what is told of the property and those buried there is rooted in oral history and is difficult to verify.
Rizzutti adds that it took an act of nature to give impetus to the ongoing investigation and finally secure the Ohio Historical Society’s approval for a historic marker.
While ground-penetrating radar, a technology suggested by Society member Greg Shipley, was being used to search for more graves, the only tree on the burial site, a massive burr oak estimated to be 179 years old, was torn from the ground during a violent storm, bringing to the surface a tangle of roots and human bones, certifying that more graves did, indeed, exist.
One of the burials of record, believed to still be interred in the Old Grave Yard, is that of Elizabeth Kenton, eight-year-old daughter of celebrated pioneer scout Simon Kenton.
Also, some early settlers of the area; unidentified soldiers from the War of 1812; Captain Arthur Thomas and his son who died at the hands of Native Americans, and four children of a Bell family, killed in a tornado, are thought to be still buried there.
Desirous of providing a lasting memento of the marker unveiling and to honor those for whom the Old Grave Yard remains a final resting place, CCHC commissioned woodworker Doug Dill to design and handcraft a limited number of commemorative paperweights of wood salvaged from the uprooted oak, faithful sentinel of the burial grounds for almost 200 years.
Dill said the paperweights will be replicas of 19th century headstones with engraved brass plates bearing the memorial text. They will be sold for $15 each at the marker ceremonies. Paperweights can be reserved by calling the Historical Society Museum, 937-653-6721.
In case of rain, the marker ceremonies will be moved to the Historical Society Museum, 809 East Lawn Avenue.
COMPLETE TEXT OF THE HISTORIC MARKERS
Side one:
OLD GRAVE YARD
Side two:
WAR COUNCIL OF 1812
To confirm that the Treaty of Greenville would be upheld, Ohio Governor Return J. Meigs called a council with Native Americans June 6-9, 1812. He sought approval to cross native land when marching to Canada and to ensure their alliance with the United States against the British.
Among the tribes and chiefs credited for attending were the Shawnee (Black Hoof, Captain Lewis), Wyandot (Tarhe, Roundhead), Seneca (Civil John), and Mingo. General William Hull, Colonels
MacArthur, Cass and Findley, the Wyandot interpreter Isaac and Simon Kenton are also thought to have attended. Blockhouses were erected along Hull’s Trace for storage and the protection of local settlers. The actual location of the gathering was on the rise about 100 yards southwest of the Old Grave Yard.
May 15, 2014
URBANA’S OLD GRAVE YARD TO RECEIVE HISTORIC MARKER URBANA, OHIO
A spacious, grassy plot at the northeast corner of the intersection of Ward and Kenton Streets in Urbana has witnessed pick-up ball games, flyers of kites, builders of snowmen, picnickers, youngsters school bound and neighborhood families out for a stroll.
It is doubtful that any of them realized the significance of this little park, established in 1805 as the first burial grounds for the Urbana settlement.
For nearly two centuries, this quiet spot has fulfilled its assignment as a final resting place for pioneer ancestors, but with nary a headstone, a monument, a flag or a flower to tell its story to passersby. That will soon be remedied.
June 7 at 1 p.m., the Champaign County Historical Society (CCHS), in collaboration with the Ohio Historical Society, will unveil a historic marker at the site of what is known as the Old Grave Yard at the corner of Ward and Kenton Streets, once the north and east boundaries of Urbana, explaining the reason for this little clearing in the midst of a residential neighborhood.
In addition to the Champaign County and Ohio Historical Societies, the event is being sponsored by the Walter Smith Funeral Home and the City of Urbana and was organized by the CCHC Historic Marker Committee, Joe Rizzutti, chair, Mark Gaver and Dan Walter.
The text of the marker acknowledges the location as the county’s original burial ground, dedicated in 1805 and in use until 1856, and honors those still interred, one of which is believed to be a young daughter of Simon Kenton.
The reverse side of the marker commemorates the 202nd anniversary of the War Council of 1812, a gathering of local settlers and representatives of the Wyandot and Shawnee tribes held in 1812 about a hundred yards southwest of the Old Grave Yard.
The War Council was called by Ohio Governor Meigs to assure the Native Americans that should General William Hull’s troops, then encamped in Urbana, be deployed to Detroit through tribal lands, the terms of the Treaty of Greenville would be upheld, and to confirm that the Native Americans would stand as our allies against the British.
The June 7 program will include dedicatory remarks by sponsors and project researchers. Some of the Kenton Kin, descendants of Simon Kenton, will be introduced as will members of the Shawnee, Seneca, Mingo and Wyandot Nations. Historic re-enactors in period costume will be on hand and a Native American Drumming Ceremony will be featured.
Following the on-site formalities, the Champaign County Historical Society will host a reception at the Museum.
Rizzutti notes that city records, maps, county histories, biographies and newspaper articles contributed to the information for the marker application, but some of what is told of the property and those buried there is rooted in oral history and is difficult to verify.
Rizzutti adds that it took an act of nature to give impetus to the ongoing investigation and finally secure the Ohio Historical Society’s approval for a historic marker.
While ground-penetrating radar, a technology suggested by Society member Greg Shipley, was being used to search for more graves, the only tree on the burial site, a massive burr oak estimated to be 179 years old, was torn from the ground during a violent storm, bringing to the surface a tangle of roots and human bones, certifying that more graves did, indeed, exist.
One of the burials of record, believed to still be interred in the Old Grave Yard, is that of Elizabeth Kenton, eight-year-old daughter of celebrated pioneer scout Simon Kenton.
Also, some early settlers of the area; unidentified soldiers from the War of 1812; Captain Arthur Thomas and his son who died at the hands of Native Americans, and four children of a Bell family, killed in a tornado, are thought to be still buried there.
Desirous of providing a lasting memento of the marker unveiling and to honor those for whom the Old Grave Yard remains a final resting place, CCHC commissioned woodworker Doug Dill to design and handcraft a limited number of commemorative paperweights of wood salvaged from the uprooted oak, faithful sentinel of the burial grounds for almost 200 years.
Dill said the paperweights will be replicas of 19th century headstones with engraved brass plates bearing the memorial text. They will be sold for $15 each at the marker ceremonies. Paperweights can be reserved by calling the Historical Society Museum, 937-653-6721.
In case of rain, the marker ceremonies will be moved to the Historical Society Museum, 809 East Lawn Avenue.
COMPLETE TEXT OF THE HISTORIC MARKERS
Side one:
OLD GRAVE YARD
In 1805, a burial ground was dedicated to Champaign County at the intersection of Ward and Kenton Streets, which was then at Urbana’s town limits. It remained open until 1856.
Among those interred there was Elizabeth Kenton, eight-year-old daughter of Simon Kenton.
When she died in 1810, Kenton, the county jailer, was forbidden from crossing out of the town limits due to his unpaid debts. After following the funeral procession as far as he could, he watched Elizabeth’s burial from across the street. Also buried there were unknown soldiers from the War of 1812, Captain Arthur Thomas and son who were killed by Native Americans in August, 1813, four Bell children, who died in the tornado of March 22, 1830, and numerous early settlers of Champaign County. Many, but not all, were reinterred and rest in Oak Dale Cemetery.
Side two:
WAR COUNCIL OF 1812
To confirm that the Treaty of Greenville would be upheld, Ohio Governor Return J. Meigs called a council with Native Americans June 6-9, 1812. He sought approval to cross native land when marching to Canada and to ensure their alliance with the United States against the British.
Among the tribes and chiefs credited for attending were the Shawnee (Black Hoof, Captain Lewis), Wyandot (Tarhe, Roundhead), Seneca (Civil John), and Mingo. General William Hull, Colonels
MacArthur, Cass and Findley, the Wyandot interpreter Isaac and Simon Kenton are also thought to have attended. Blockhouses were erected along Hull’s Trace for storage and the protection of local settlers. The actual location of the gathering was on the rise about 100 yards southwest of the Old Grave Yard.
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