CITY COMMISSION AGENDA MEMO February 21, 2020
FROM: Eddie Eastes, Director of Parks and Recreation
MEETING: March 3, 2020
SUBJECT: Natural Burials
PRESENTERS: Eddie Eastes, Director of Parks and Recreation Mike Mohler, Cemetery Sexton
BACKGROUND
At the September 18, 2014, Cemetery Board meeting, Mr. Wynn Butler asked the Board to consider alternative burials such as Natural Burials, indicating other cities have begun the practice of Natural Burials. The Board discussed how this type of burial could occur, be maintained, and placement, as well as future use were the main topics of the discussion. After a lengthy discussion it was suggested that more research be conducted before a decision was made.
During the October 23, 2014, Cemetery Board meeting, the Board voted 6-0 for Mike Mohler, Cemetery Sexton, to review Sunrise Cemetery to see if a Natural Burial area could be located within Sunrise Cemetery.
At the June 18, 2015, Cemetery Board meeting, Katie Jackson, City Attorney, presented proposed revisions to the City of Manhattan Cemetery Ordinances to remove administrative rules and regulations from the ordinance and develop Cemetery Rules and Regulations that are not typically held in ordinances but rather administered and enforced by the Cemetery Sexton.
At the September 24, 2015, Cemetery Board meeting, the Board reviewed a final draft of the revised ordinance that removed administrative rules and regulations and the new Cemetery Rules and Regulations to be administered by the Cemetery Sexton. At the August 1, 2017, City Commission meeting, the Commission approved the removal of the administrative rules and regulations from the ordinance as recommended by the Cemetery Board.
At the July 18, 2019, Cemetery Board meeting, the Board voted 4-1 to approve a Natural Burial section at Sunrise Cemetery and adopt Cemetery Rules and Regulations to include Natural Burials as recommended by the Cemetery Sexton, for recommendation to the City Commission. DISCUSSION
Currently, the City of Manhattan Code of Ordinances language pertaining to cemeteries does not allow Natural Burials in either of the two City cemeteries. Sunrise Cemetery has available space to develop a Natural Burial section.
The Cemetery Sexton has compiled a list of rules and regulations regarding a Natural Burial section. This list of rules and regulations was reviewed and approved by the Cemetery Board at the July 18, 2019, meeting.
The Natural Burials section would not allow any bodies to be interred that have been embalmed or interred in burial vaults. Bodies may be interred in a cardboard box carrier, or wood carriers but the wood must be natural and biodegradable. The Natural Burial section would be maintained as a natural native grass area and burial spaces would be identified by steel number plates and pins following the same grid number system utilized for all other burial spaces at Sunrise Cemetery and Sunset Cemetery. The costs for Natural Burial spaces would be the same as the cost of burial spaces at Sunrise Cemetery and Sunset Cemetery. Further, memorials would not be allowed in the Natural Burial section and disinterment shall only occur following the City’s receipt of an order of a court of competent jurisdiction, or the judge thereof, for the exhumation of the body of a deceased person.
Current City of Manhattan Code of Ordinances pertaining to Cemeteries would need to be amended to allow natural burials.
Proposed ordinance amendments include:
Amending Sec. 9-1. – Definitions to include the term Natural Burials.
Amending Sec. 9-16. - Conditions of grave space purchases (b) memorials are not permitted for Natural Burials.
Amending Sec. 9-22. - Reopening grave; disinterment (a) shall state that the reopening of any Natural Burial grave space pursuant to this Section, by any person other than the city pursuant to subsection (f), shall only occur following the City’s receipt of an order of a court of competent jurisdiction, or the judge thereof, for the exhumation of the body of a deceased person.
The proposed ordinance amendments to the cemetery provisions in the Code of Ordinances would allow Natural Burials to occur in Sunrise Cemetery.
Cemetery Rules and Regulations, administered by the Cemetery Sexton, authorize the Cemetery Sexton to enforce the rules and regulations regarding the Natural Burial section. This is a common approach in city-run cemeteries.
The Cemetery Board recommends the City Commission amend the City Code of Ordinances pertaining to Cemeteries to allow Natural Burials.
FINANCING
There is no financing aspect to the amendments to Chapter 9 of the Code of Ordinances relating to the City-owned and operated cemeteries addressing cemetery definitions, condition of grave spaces, and disinterment.
ALTERNATIVES
It appears that the Commission has the following alternatives concerning the issue at hand. The Commission may:
1. Approve first reading of an ordinance amending Chapter 9 of the Code of Ordinances relating to the City-owned and operated cemeteries regarding cemetery definitions, condition of grave spaces, and disinterment, to allow natural burials as recommended by the Cemetery Board. 2. Do not approve an ordinance amending Chapter 9 of the Code of Ordinances regarding cemetery definitions, condition of grave spaces, and disinterment. 3. Modify to meet the needs of the Commission. 4. Table the request.
RECOMMENDATION
City Administration recommends approval of an ordinance amending Chapter 9 of the Code of Ordinances relating to the City-owned and operated cemeteries, regarding cemetery definitions, condition of grave spaces, and disinterment to allow natural burials as recommended by the Cemetery Board.
POSSIBLE MOTION
Approve first reading of an ordinance amending Chapter 9 of the Code of Ordinances relating to the City-owned and operated cemeteries, regarding cemetery definitions (Section 9-1), condition of grave spaces (Section 9-16), and disinterment (Section 9-22).
Enclosures: 1. Draft Ordinance 2. Draft Cemetery Rules and Regulations 3. Cemetery Advisory Board Minutes 7/18/2019 ORDINANCE NO. ______
AN ORDINANCE AMENDING VARIOUS PROVISIONS OF CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF MANHATTAN, KANSAS; RELATING TO NATURAL BURIALS IN CITY CEMETERIES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS:
Section 1. That Section 9-1 of the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended to read as follows: Sec. 9-1. – Definitions. The following words and phrases, when used in this chapter, shall mean as follows:
Cemetery includes a city-owned and/or city-operated burial park for earth interments, community mausoleum for vault or crypt interments, a crematory or crematorium, or columbarium for cinerary interments, or a combination of one or more than one.
Columbarium means a grave space that is an above-ground structure designed to contain cinerary urns and inurnments.
Grave marker means a concrete post or other object used by the cemetery to locate a corner of a grave space.
Grave space means a lot of sufficient size, located in a cemetery, designated to accommodate interment.
Immediate family member shall mean a person's surviving spouse, child, grandchild, daughter-in-law, son-in-law, parent, grandparent, or sibling.
Interment shall mean the permanent disposition of the remains of a deceased person by burial, entombment, or inurnment.
Inurnment means an interment of ashes or crematory remains.
Marker means a memorial that is flush with the ground.
Memorial means a structure to commemorate or identify a family or individual interred in the grave space upon which it is located; memorial includes a marker, monument, tablet, tombstone, lot enclosure, crypt or similar structure.
Monument means a memorial which extends above the surface of the ground.
Natural burial means the grave space or an interment, as applicable, in the cemeteries’ designated natural burial sections.
Section 2. That Section 9-16 of the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended to read as follows: Sec. 9-16. - Conditions of grave space purchases. (a) All grave space(s) shall be sold subject to this chapter and the certificates of title shall so state. Upon receipt of payment for a grave space, the city shall issue to the purchaser a certificate under the seal of the city. Upon purchase, the grave owner(s) shall specify on a form provided by the city, filed with the cemetery sexton, the names of the individuals other than the owner(s) who may be interred in the grave space. The grave owner may amend or change the list on the form provided by the city by filing the updated form with the cemetery sexton. If the grave owner has not submitted written consent or the city form specifying who may be interred in the grave space other than the owners, only members of the grave owner's immediate family may be interred within the grave space. (b) No grave space(s) shall be used for any purpose other than the interment of human remains and the placement of appropriate memorials. Provided that, memorials are not permitted for natural burials. (c) No mortgage or other encumbrance shall be given on any grave space(s).
Section 3. That Section 9-22 of the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended to read as follows:
Sec. 9-22. Reopening grave; disinterment. (a) Any person desiring to reopen any grave space in the cemetery to disinter or remove any body therefrom, or for any other purpose, shall first obtain a disinterment permit from the Kansas State Board of Health when required by law, and second, a disinterment permit from the cemetery sexton to be issued upon proper application and the payment of the fee. In addition, an interment must be obtained if the remains are to be placed back in another location within the cemetery. The reopening of any natural burial grave space pursuant to this Section, by any person other than the city pursuant to subsection (f), shall only occur following the City’s receipt of an order of a court of competent jurisdiction, or the judge thereof, for the exhumation of the body of a deceased person. (b) The application for disinterment may be made by an owner of the grave space or his/her duly authorized agent or representative; or the funeral director or authorized person in charge of disinterment. (c) A member of the decedent's family shall sign the permit, or when there is no family, it shall be signed by the next of kin desiring to reopen the grave. The city reserves the right to require the applicant and the family members to verify their authority to disinter the remains, or to require the applicant or the family members to provide notice to other family members or next of kin; such requirements shall be in the form acceptable to the city. An order of a court of competent jurisdiction, or the judge thereof, for the exhumation of the body of a deceased person, shall be a sufficient application for a disinterment hereunder and no further application shall be required. The disinterment application must include the following information:
(1) Description of the block, section (if any), lot and grave space; (2) Full name of deceased; (3) Date of death; (4) Reason for disinterment; (5) Date and time of disinterment; (6) Date, time and location of reinterment; (7) Type of vault or urn and urn size; (8) Name of firm and address; (9) Signature of applicant; and (10) Other information as may reasonably be required to permit the application to be considered and acted on. (d) The disinterment application shall contain a stipulation that the holder of the permit agrees to indemnify and hold harmless the city and its officers, agents and employees from any expense or liability that may be incurred in the event the disinterment proves to be unauthorized or is at an incorrect location. (e) Upon approval of such application, the applicant must pay a fee of $800.00 to the city prior to the disinterment. Unless prohibited by law, the fee set forth above shall be assessed to the party requesting disinterment pursuant to a court order in lieu of application. If the remains are to be reinterred in the city cemetery, the interment fee shall be paid as set forth in this chapter. (f) In addition to the process provided herein, the city may remove and reinter any remains if it is discovered that the remains were interred at the incorrect location.
Section 4. This ordinance shall take effect upon publication in the official city newspaper.
PASSED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS, THIS ______DAY OF MARCH, 2020.
______Usha Reddi, Mayor
ATTEST:
______Brenda K. Wolf, CMC, City Clerk
MICHAEL C. MOHLER Cemetery Sexton 1101 Poyntz Ave. / Manhattan KS 66502 Office: 785-587-2780 / Fax: 785-587-2727 / Cell: 785-313-5855 Email: [email protected] / www.mhkprd.com
RULES AND REGULATIONS SUNRISE & SUNSET CEMETERY City of Manhattan Manhattan, KS
Permission from the cemetery sexton shall be necessary before any grave space(s) holder or other person shall be allowed to set a monument or marker in a city-owned cemetery. No material except granite, with the exception that marble may be used in Sunset Cemetery for matching existing memorials from recognized monument quarries, shall be used for memorials except bronze may be used on markers if firmly attached to a granite or concrete base. Each space shall allow one full burial or 2 cremations. MONUMENT SECTION INCLUDES SECTIONS A, C, D & J For rules regarding decoration in these sections see page n ne ( )
Sections A, C and J: The monument shall be so placed that the inscription thereon may be read from the nearest road or pathway at the back of grave space(s) and not to exceed 30 inches by 14 inches per grave space.
SECTION A
SECTION C
SECTION J