FIRST OF ALL, WELCOME EVERYONE TO THE CAROLINE COUNTY BURIAL SITES PRESERVATION
[ Opening]
[00:00:04]
BOARD. SEPTEMBER 15TH, 2025.OUR DISCUSSION ITEMS TONIGHT WILL BE THE POWERS AND DUTIES OF THE BOARD.
THE BOARD WILL DISCUSS ITEMS BELOW REQUIRING BOARD RECOMMENDATIONS, AND TO RECOMMEND GUIDELINES FOR THE APPROPRIATE MAINTENANCE OF BURIAL SITES.
TO RECOMMEND GUIDELINES FOR AND SUPERVISE THE REPAIR AND RECONSTRUCTION OF BURIAL SITES IN ACCORDANCE WITH THE MOST SUITABLE RESTORATION TECHNIQUES.
DISCUSS A POSSIBLE RECOMMENDATION FOR MORE DEED RESEARCH PRIOR TO COMMERCIAL SOLAR CONSTRUCTION, AND WHAT WEEDING AND CLEANUP OF A CEMETERY IS ALLOWED BY LAW.
DO I HAVE TO READ PEOPLE'S NAMES? OVER HERE? EXCUSE ME.
OH, THE. MR. HAMMOCK. YOU'RE THE THE ATTORNEY.
DO I MENTION YOU? I AM THE COUNTY ATTORNEY.
YOU DON'T HAVE TO MENTION ME IF YOU DON'T WANT.
MY FEELINGS WOULD NOT BE HURT.
BOARD ATTORNEY? THANK YOU. YES.
OKAY. SO HOW IS THE DUTIES OF THE BOARD? YES. THE FIRST TWO ITEMS ON THE AGENDA, I THOUGHT WE COULD HAVE JUST SOME BASIC DISCUSSION ABOUT THEM.
I KNOW IT'LL TAKE A WHILE TO PREPARE THAT, BUT IF WE COULD JUST GET SOME IMMEDIATE FEEDBACK REGARDING THOSE TWO ITEMS. WELL, COULD I OFFER A SUGGESTION ONE.
[ 1) To recommend guidelines for the appropriate maintenance of burial sites; 2) To recommend guidelines for, and supervise, the repair and reconstruction of burial sites in accordance with the most suitable restoration techniques..]
I THINK THAT THE DOCUMENT.IF I COULD JUST TAKE A LOOK AT THAT.
I THINK THAT THE THE COALITION'S GUIDE TO BURIAL SITE STEWARDSHIP, THIS IS A, A, I GUESS AN INDEPENDENT NONPROFIT THAT HAS PRODUCED GUIDELINES, WHICH I'M, I'M I'M A LITTLE EMBARRASSED TO ADMIT JUST HOW DRY MY SOCIAL LIFE IS THESE DAYS. I READ IT AND I THOUGHT THAT IT ACTUALLY IS A VERY THOROUGH AND THOUGHTFUL REVIEW.
IF THE BURIAL PRESERVATION BOARD FOR CAROLINE COUNTY HAD A WEBSITE AND A RESOURCE TAB, I WOULD RECOMMEND THAT WE UPLOAD THIS DOCUMENT AS A RESOURCE FOR THE GENERAL PUBLIC. IT REALLY IS WRITTEN TO, I MEAN, THE READER.
IT PROVIDES A VERY COMPREHENSIVE REVIEW OF MARYLAND STATE LAW IN TERMS OF WHAT YOU CAN AND CAN'T DO. IT PROBABLY SPEAKS TO OUR BOARD ATTORNEY'S HEART IN THAT REGARD.
AND THEN, I MEAN, FOR INDIVIDUALS THAT HAVE A SPECIFIC CONCERN, IT I MEAN, IT'S BASICALLY COMMUNITY ORGANIZING 101 ON BEHALF OF THE DEAD AND, AND CEMETERIES. SO, YOU KNOW, I DON'T KNOW HOW IN TERMS OF SPECIFIC RECOMMENDATIONS ON HOW TO STEWARD GRAVES AND ADVOCATE FOR THE STEWARDSHIP OF BURIAL SITES. I'M NOT REALLY SURE HOW WE COULD IMPROVE ON THAT.
SO, I MEAN, I WOULD RECOMMEND THAT WE USE THAT AS A MODEL.
IT IS WRITTEN GENERALLY, BUT SPECIFICALLY, AND IT SEEMS TO APPLY.
DAVE, WHAT DO YOU THINK? SO IT'S BEEN AROUND FOR A LONG TIME.
I'VE BEEN A MEMBER FOR AT LEAST THREE YEARS.
ARE PEOPLE THAT PAY DUES TO BELONG $25 A YEAR? I THINK IT'S MONEY WELL SPENT.
THEY DO PROVIDE FUNDING TO GROUPS FOR TRYING TO DO THE RESTORATION OF SMALL CEMETERIES WITHIN THE STATE. AND THEY DO HAVE SPENT A LOT OF TIME REFINING THIS GUIDE.
I THINK AS A, AS A WHOLE, IT'S AN EXCELLENT RESOURCE.
AND YEAH, MY THING WOULD BE INSTEAD OF TRYING TO REINVENT THE WHEEL WE SHOULD CAPITALIZE ON
[00:05:04]
THE EFFORTS. THIS IS BASICALLY A GROUP BASED, GROUPTHINK BASED DOCUMENT THAT'S GONE THROUGH A NUMBER OF ITERATIONS.AND I THINK I THINK THAT WOULD BE THE BEST THING TO DO IS TO ADOPT SOMETHING THAT'S ALREADY DONE INSTEAD OF TRYING TO START FROM SCRATCH OR COPY WHAT THEY WRITE DOWN AND JUST PUT YOUR NAME ON IT, WHICH IS DISINGENUOUS.
I JUST THINK IT WOULD BE SIMPLER TO ADOPT THE DOCUMENT LIKE THIS, AND IF THERE ARE THINGS WITH IT, I WOULD ENCOURAGE EVERYBODY TO READ IT, BECAUSE I DID, AND I THE ONLY THING I HAVE A PROBLEM WITH IS WHEN THEY IN HARDSCAPE MAINTENANCE, THEY RECOMMEND A SOLUTION THAT HAS HYPOCHLORITE IN IT, WHICH IS BLEACH. AND YOU SHOULD NEVER, EVER USE BLEACH ON STONES UNLESS YOU KNOW IT WILL NOT DAMAGE THAT THAT PARTICULAR STONE.
SOME STONES ARE SUPER SENSITIVE TO BLEACH, AND IF YOU USE BLEACH ON THEM, IT WILL DESTROY THE STONE OVER TIME.
SO ASIDE FROM MY LITTLE QUIBBLE WITH ONE OF THEIR RECOMMENDED CLEANING SOLUTIONS IN THERE, I THINK IT'S A VERY, VERY GOOD GUIDE.
SO THAT WOULD BE MY INPUT ON IT.
AND I WOULD ENCOURAGE ANYBODY THAT'S NOT A MEMBER TO JUST LOOK AND SEE IF YOU FEEL LIKE IT'S SOMETHING YOU MIGHT WANT TO SUPPORT WITH A COUPLE OF BUCKS OUT OF YOUR POCKET, BECAUSE THEY DO. THEY DO GOOD THINGS FOR THE BURIAL, FOR THE NEGLECTED AND SITES IN DISREPAIR AROUND THE STATE. AND DID THEY DO A NEWSLETTER OR.
YEAH, THEY SEND OUT LITTLE NEWSLETTERS PROBABLY ONCE A MONTH.
ONCE EVERY TWO MONTHS YOU GET A LITTLE EMAIL NEWSLETTER THEY HAVE.
THEY WILL EVEN HOST LITTLE WORKSHOPS EVERY ONCE IN A WHILE FOR PEOPLE.
BUT AGAIN, IT IS IT IS A COALITION.
AND IT'S BASICALLY THE PEOPLE THAT DONATE THAT MAKE THE COALITION.
WELL, I WOULD BE WILLING TO FUND A MEMBERSHIP SO WE COULD GET ACCESS TO THEIR NEWSLETTER AND LOOK IT OVER.
GREAT. IF YOU'VE READ IT AND YOU LIKE EVERYTHING ABOUT SUE, I MEAN, AND YOU PRETTY MUCH DO THIS ALL THE TIME.
YEAH. WHY REINVENT THE WHEEL? MR. LEWIS, DO YOU HAVE SOMETHING TO SAY? I JUST HAD A QUESTION, JEFF. SO, ACTUALLY, FOR YOU OR FOR CATHERINE. DO WE HAVE A.
ARE YOU TALKING ABOUT TRYING TO POST IT ON THE WEBSITE OR MAKE A WEBSITE? DO WE HAVE A MAILING LIST OR A LIST? A CATALOG OF WHERE THE THE SITE? ALL THE SITES ARE AROUND THE COUNTY. WE MAY HAVE TALKED ABOUT THIS BEFORE THAT WE COULD ACTUALLY DO IT, DO A DIRECT MAILING IF WE IN FACT APPROVE THIS.
WELL, I GUESS IF IT'S A LOT OF PAGES, MAYBE WE DON'T WANT TO MAIL IT, BUT SOMEHOW, BECAUSE THERE'S PEOPLE OUT THERE LIKE ERIC AND ME THAT DON'T NECESSARILY NOT THAT WE'RE THAT OLD, BUT READ THINGS ON THE INTERNET OR LOOK AT THINGS ON THE INTERNET OR SO.
THERE'S A LOT OF OLD LANDOWNERS THAT WOULD GET IT IF THEY WOULD GET A DIRECT MAILING, AND THEY LOOK AT IT THAT THEY'RE NEVER GOING TO KNOW IT'S EVEN IN EXISTENCE BECAUSE IT'S ON FACEBOOK OR TIKTOK OR THE INTERNET OR WHATEVER THOSE THINGS ARE.
BUT IS THERE EVEN A MAILING LIST OR A LIST? NOT A MAILING LIST, BUT A LIST OF OR A CATALOG LIST OF WHERE ALL THE SITES ARE AND WHO THE OWNERS ARE ON OUR GIS MAP.
THERE IS. THERE IS A LAYER THAT SHOWS A PROPERTY THAT HAS A BURIAL SITE ON IT.
NOW IT DOESN'T IMMEDIATELY GO TO THE ADDRESS OF THE PROPERTY.
NOR SO LIKE DAVID, HE WAS ASKING ABOUT A CEMETERY WHICH WE COULD NOT FIND AN OWNER FOR.
AND SO MOST OF THESE ARE ON PRIVATE PROPERTY, RIGHT? BUT IT'S NOT AN EASY TRANSITION TO THE BURIAL SITE LAYER AND THE ADDRESS LAYER.
SO I WAS JUST THINKING, IF IT ONLY COST, LIKE TWO BUCKS TO SEND THIS, MAIL THIS THING OUT AT THREE BUCKS OR SOMETHING. YEAH.
THE BIGGEST COST WOULD BE PRINTING IT.
RIGHT? YEAH. AND BUT IN THE OVERALL SCHEME OF THINGS, THE COUNTIES, IF THEY COST A THOUSAND BUCKS, THE COUNTY SPENT WAY MORE THAN THAT ON LOTS OF MORE FRIVOLOUS THAN MY MIND.
THINGS THAT IF THERE'S A WAY THAT WE COULD SEND IT OUT SO PEOPLE ACTUALLY HAD IT IN THEIR HAND THAT THEY. THEN I'M WONDERING WHAT TO DO TO THIS WEED PATCH BACK THERE IN THE CORNER OF THE FIELD, THAT THEY WOULD THEN HAVE SOME IDEA OF WHAT THEY COULD DO TO IT, OR SHOULD DO TO IT. AND WELL.
AND THE OTHER THING IS OUR BOARD DOES HAVE A WEBSITE AND WE COULD I MEAN IT THERE. IT'S IT'S IN THE ON BOARD WEBSITE BECAUSE WE HAVE ON BOARD TO HAVE ALL
[00:10:04]
OF OUR BOARDS AND THE COUNTY HAS MANY, MANY.SO THERE'S A SEPARATE WEBSITE THAT'S LINKED WITH OUR WEBSITE.
BUT ON THAT WEBSITE I COULD POST A LINK TO THIS DOCUMENT.
AND THEN THE OTHER THING IS IT'S TOO LATE FOR THIS YEAR.
BUT OVER THE LAST 30 YEARS, I'VE RECEIVED ALL KIND OF VARIOUS INFORMATION PROPAGANDA THINGS IN MY TAX BILLS.
COULD WE JUST STICK A NOTICE? YOU KNOW, IF THE COUNTY'S LISTING THINGS TRASH, COLLECT ALL THE THINGS THAT THE COUNTY PUTS IN THE TAX BILL, PUT A LINE.
IF YOU EVER WONDERED WHAT YOU CAN AND CAN'T DO OR WHAT SHOULDN'T, WHICH YOUR NEIGHBOR SHOULD AND SHOULDN'T BE DOING WITH THEIR BURIAL SITE BACK ON THE BACK 40.
HERE'S GUIDELINES ON WHAT YOU COULD HELP THEM.
DO I SEEM TO RECALL THAT WAS ACTUALLY IN ONE OF THE TAX ONES? YES. REALLY? YEAH. NOT TOO LONG, BUT NOW WE WOULD ACTUALLY HAVE A.
YEAH. WE COULD. YEAH. LIST OF THINGS THEY COULD ACTUALLY DO TO IT.
WELL, I'D HAVE TO TALK TO THE TAX OFFICE.
YOU HAVE UNTIL NEXT JULY TO WORRY ABOUT THAT.
RIGHT. ARE THOSE THE VOLUMES BENEATH THESE STONES? ARE THEY STILL AVAILABLE? YEAH. YEAH, THEY SURE ARE.
IT DEPENDS ON WHETHER YOU WANT ELECTRONIC OR PRINTED. OKAY.
IF YOU WANT ELECTRONIC, THEY ARE 9.95 APIECE.
IF YOU WANT PRINTED ONES, I CAN GET PRINTED ONES DONE UP.
ALL RIGHT. THE GENEALOGY SOCIETY DOESN'T KEEP.
I'VE GOT A SET, BUT I DIDN'T KNOW JEAN.
YEAH, JEAN WAS IN, I THINK, A BIG DEAL IN GETTING THAT DONE.
YEP. SHE WAS. I ALWAYS FOUND THAT TO BE PRETTY HELPFUL.
IT'S VERY HELPFUL IF YOU'RE LOOKING FOR SPECIFIC PERSONS.
UNFORTUNATELY, SOME OF THE DIRECTIONS TO CEMETERIES ARE NOT EXTREMELY HELPFUL.
HAVE YOU EVER DRIVEN THAT? I MEAN, THAT'S NOT A REAL LONG ROAD, BUT IT'S LONG IF YOU'RE TRYING TO FIGURE OUT WHERE'S THE CEMETERY? HARMONY ROAD.
RIGHT. AND THERE'S FOUR OTHER ONES ARE VERY.
THEY SAY IT'S THE INTERSECTION OF TWO ROADS.
I ACTUALLY HAVE A SPREADSHEET I'VE BEEN DOING OF THE BALTIMORE COUNTY GENEALOGICAL SOCIETY, THE MARYLAND GENEALOGICAL SOCIETY.
I'VE BEEN DOING AN EFFORT TO TRY TO CATALOG CEMETERIES WITHIN THE STATE, AND SO I TOOK ALL OF THE ONES FOR CAROLINE COUNTY.
I HAVE GPS COORDINATES FOR ALL OF THE ONES THAT I KNOW OF, AS WELL AS BEGINNING OF BURIALS, ENDING OF BURIALS, HOW APPROXIMATE, HOW NUMBER OF BURIALS, WHETHER IT'S PROTESTANT CEMETERY OR CATHOLIC CEMETERY OR QUAKER CEMETERY OR IF IT'S AN AFRICAN-AMERICAN CEMETERY.
I HAVE ALL OF THOSE DETAILS ABOUT THOSE.
AND WE HAVE AN ISLAMIC ONE NOW.
FEDERALSBURG. WE HAVE AN ISLAMIC GRAVEYARD IN FREDERICKSBURG NOW.
OKAY. BUT I MEAN, I HAVE THAT AND I'M WILLING TO MAKE THAT AVAILABLE.
I MEAN, THERE'S NO SECRET ON THAT. IT'S ACTUALLY POSTED ON THE MARYLAND GEN WEB SITE FOR CAROLINE COUNTY. BUT YEAH, I CAN MAKE THAT AVAILABLE HERE AS WELL.
THERE ARE A FEW CEMETERIES I DON'T HAVE GPS COORDINATES FOR BECAUSE I KNOW ABOUT WHERE THEY ARE, BUT I DON'T KNOW WHERE THEY ARE.
AND I SPENT A LOT OF TIMES ON GOOGLE MAPS ZOOMING IN AND DRIVING BY AND TRYING TO SEE IF I COULD SEE SOMETHING.
AND SOMETIMES YOU JUST IT'S LIKE THE ONE ONE OUT THERE.
WE'RE WITH THE SOLAR PEOPLE, YOU KNOW, YOU DON'T REALLY SEE WHERE IT IS.
SURE. SHOULD WE MAKE A MOTION TO ADD THIS DOCUMENT TO OUR WEBSITE? BEFORE YOU DO THAT, I WOULD SUGGEST THE THE BOARD'S AUTHORITY IS TO RECOMMEND GUIDELINES FOR THE APPROPRIATE MAINTENANCE OR FOR BURIAL SITES NOT TO ADOPT GUIDELINES.
SO. RIGHT. SO WHAT THE BOARD WOULD BE DOING IS TAKING A LOOK AT GUIDELINES.
EVERY OBVIOUSLY EVERYBODY REVIEW THEM.
MAYBE YOU HAVE AND THERE MAY BE OTHER I CAN TELL YOU I SPENT A FAIR AMOUNT OF TIME TODAY.
YOU MIGHT BE ONE OF THE FIRST COUNTIES IN THE STATE TO ACTUALLY PROPOSE GUIDELINES.
I CAN'T FIND, I CAN TELL YOU ON THE EASTERN SHORE, AT LEAST I HAVEN'T FOUND ANY.
BUT YOUR AUTHORITY UNDER CHAPTER 89 OF THE CODE IS TO RECOMMEND GUIDELINES.
SO IN JUXTAPOSITION, FOR POSITION.
FOR EXAMPLE, WITH REGARD TO RULES OF PROCEDURE, IT SAYS THE BOARD SHALL ADOPT RULES OF PROCEDURE, SO DIFFERENT LANGUAGE IS USED FOR DIFFERENT LEVELS OF AUTHORITY THAT THE BOARD HAS.
SO I WOULD SUGGEST THAT WHILE YOU MAY RECOMMEND THOSE GUIDELINES AFTER REVIEWING THEM, DISCUSSING THEM, CONSIDERING THEM, IT WOULD ACTUALLY EITHER BE THE PLANNING AND CODES DEPARTMENT OR THE COMMISSIONERS THAT WOULD ACTUALLY ADOPT THEM.
[00:15:03]
AND I CAN GET CLARIFICATION ON THAT FOR YOU FOR THE NEXT MEETING.OKAY. I THINK EVERYBODY SHOULD ACTUALLY READ THROUGH THEM TO MAKE SURE, BECAUSE SOMEBODY MAY POINT SOMETHING THAT I'VE OVERLOOKED OR YOU'VE OVERLOOKED.
I MEAN, THAT'S IT'S A PRETTY LONG DOCUMENT.
IT IS. AND YOU HAVE TO READ THROUGH IT A COUPLE OF TIMES. BUT I THINK THEY'RE STILL JUST GUIDELINES. WE'RE STILL NOT WE CAN'T MAKE ANYBODY DO THESE THINGS.
IT'S JUST HERE. IF YOU EVER WANTED TO CLEAN UP THE CEMETERY THAT YOU HAVE OR HELP YOUR NEIGHBOR, HERE'S HOW YOU SHOULD DO IT.
RIGHT. WE CAN'T MAKE YOU DO IT.
IT'S JUST HERE'S HOW YOU SHOULD IF YOU DECIDE TO DO IT RIGHT.
ABSOLUTELY RIGHT. SO WHAT VALUE? IF IF WE RECOMMENDED SOMETHING TO THE COMMISSIONER, SAY, AND SAID THIS DOCUMENT IS WHAT WE WANT TO FOLLOW.
WHAT DIFFERENCE WOULD IT BE BETWEEN THEM ADOPTING THAT AS GUIDELINES, WHICH DOESN'T HAVE THE FORCE OF LAW EITHER.
OTHER THAN THAT THEY ADOPTED IT.
RIGHT. SO THEY'RE THAT'S THEIR OFFICIAL CEMETERY GUIDELINE, RIGHT. WHAT'S THE DIFFERENCE BETWEEN THAT AND US? JUST SAYING IF YOU'RE LOOKING FOR A GUIDE, A WAY TO MANAGE YOUR CEMETERY, HERE'S A LINK ON OUR WEBSITE.
BECAUSE THERE'S NO AUTHORITY BEHIND IT, YOUR AUTHORITY IS TO RECOMMEND GUIDELINES COMMISSIONERS ADOPT GUIDELINES A WILLING I OWN 50 ACRES.
I FIND OUT THAT THERE'S A GRAVE SITE.
I DON'T KNOW WHAT TO DO WITH IT.
I FIND OUT THERE'S A BURIAL PRESERVATION BOARD.
I COME TO THE BOARD AND I SAY, DO YOU HAVE GUIDELINES AS TO WHAT I DO, I NEED HELP. I REACH OUT.
I REACH OUT TO THE MARYLAND HISTORICAL TRUST.
I COME TO THIS BOARD, AND THIS BOARD HAS AN OFFICIALLY ADOPTED, COUNTY APPROVED SET OF GUIDELINES THAT WE REVIEWED CONSIDERED.
THEY'VE BEEN APPROVED BY THE COMMISSIONERS THAT YOU CAN THEN HAND OUT, AS OPPOSED TO IT BEING SOMETHING UNILATERALLY DONE BY THE BOARD.
BUT THEN WHEN A CITIZEN DECIDES NOT TO ABIDE BY THOSE GUIDELINES, THERE'S NO RECOURSE. THERE IS NO RECOURSE GUIDELINES.
THERE'S NO UNLESS IT'S A VIOLATION OF LAW.
THERE'S NO RECOURSE IN THE COUNTY CODE BECAUSE THEY'RE ADVISORY RIGHT THERE.
THERE ARE PROVISIONS OF THE CRIMINAL LAW ARTICLE THAT WOULD PRECLUDE OR THAT SHOULD PRECLUDE PEOPLE FROM TAKING CERTAIN ACTIONS.
RIGHT. BUT THOSE THOSE ARE ALREADY A GIVEN ANYWAY.
RIGHT? THEY'RE IN PLACE ALREADY. SO THE ONLY THING WE WOULD BE DOING WAS GETTING THE COMMISSIONERS KISS OF APPROVAL ON THIS.
YEAH. I DON'T THINK IT MAKES NOT BEING A LAWYER, BUT I DON'T THINK IT MAKES A I THINK YOU'RE RIGHT, MOSTLY. BUT IT DOES GIVE AN EXTRA STEP OF APPROVAL.
THAT, AND NOT TO GET TOO NUANCED.
IF THE BOARD DECIDES TO ADOPT GUIDELINES AND HAND THEM OUT TO THE PUBLIC, YOU HAVE NOT RECOMMENDED GUIDELINES.
AND THIS MAY SOUND LIKE SEMANTICS, BUT I CAN TELL YOU, IF I WAS A JUDGE AND I WAS PICKING APART SECTION 89 OR CHAPTER 89 OF YOUR ZONING ORDINANCE IN ON ONE PAGE IT SAYS ADOPT AND ON THE NEXT PAGE IT SAYS RECOMMEND.
THOSE ARE TWO DIFFERENT WORDS AND THEY HAVE TWO DIFFERENT MEANINGS. SO IF IF WE ADOPTED A SET OF GUIDELINES AND HANDED THEM OUT, WE WOULD BE DOING SO CONTRARY TO THE CODE AT THE END OF THE DAY, DOES IT MATTER? IT'S NOT. IT DOESN'T HAVE THE BINDING FORCE OF LAW.
WE CAN'T REQUIRE THAT THEY ADHERE TO IT.
BUT, YOU KNOW, OUR CODE ALLOWS US TO DO CERTAIN THINGS.
AND AS YOUR COUNSEL, I WOULD ADVISE WE DO WHAT THE CODE ALLOWS US TO DO.
YEAH, YEAH. ANOTHER THING THAT CONCERNS ME A LITTLE IS THAT THIS NONPROFIT PUT THIS TOGETHER. SO IF WE ARE SAYING WE RECOMMEND THESE GUIDELINES IN TERMS OF BURIAL SITE CARE WE ARE NOT PAYING THEM MONEY FOR THIS DOCUMENT.
AND I FEEL LIKE, YOU KNOW, I WOULD GIVE THEM 15 BUCKS OR SOMETHING.
IT'S I THINK IT'S, WELL, FOR INDIVIDUAL IT'S 25 BUCKS A YEAR.
YEAH. I MEAN, I WOULD BE GLAD TO GIVE IT TO THEM.
BUT I MEAN, YOU DON'T HAVE TO.
BUT DO THEY MAKE IT CLEAR THOSE, WHATEVER THEY PUBLISH ON THEIR SITE IS THE REASON THEY'RE DOING IT IS TO HELP PEOPLE KNOW WHAT THE RIGHT THING TO DO IS.
THEY WANT EVERYBODY TO USE IT.
SO THAT'S NOT I DON'T THINK THAT'S A STICKING POINT, REALLY. I MEAN, YOU COULD ALWAYS CONTACT THEM AND ASK, BUT BEING A MEMBER. THAT'S NOT RIGHT.
I CAN TELL YOU THAT'S NOT THEIR CONCERN.
OKAY. COULD I MAKE A SUGGESTION THAT WE MAKE A MOTION TO.
TABLE THIS FOR OUR DECEMBER MEETING SO THAT WE HAVE AN OPPORTUNITY TO REVIEW IT.
DAVID HAS ALREADY INDICATED THAT HE WOULD AMEND THIS SPECIFICALLY WITH
[00:20:04]
AND AND SO WHAT IT MIGHT LOOK LIKE IS WE UPLOAD THIS AS A RESOURCE, BUT THAT IT BECOME THE BACKBONE IN DECEMBER OF A RECOMMENDATION TO THE COUNTY COMMISSIONERS FOR THIS.BUT THAT WE'VE HAD AN OPPORTUNITY.
IT'S A, YOU KNOW, TO READ OR REVIEW THE DOCUMENT AND IF THERE ARE ANY MODIFICATIONS THAT WE WOULD WANT TO AMEND, LIKE THIS DOCUMENT WITH AMENDMENTS BASED ON THE EXPERIENCE AND EXPERTISE OF MEMBERS OF THIS BOARD THAT YOU DON'T USE CHLORINE OR WHATEVER IT IS, WHATEVER OTHER THING.
BUT THAT BUT THAT WAY WE'RE STILL MOVING IT FORWARD SO THAT WE ARE PROVIDING AT LEAST A RESOURCE TO THE COMMUNITY THAT WOULD BE INTERESTED THAT THAT HAS AN INTEREST IN THIS KIND OF THING. AND AND WE CAN WE CAN ALWAYS MAKE THE RECOMMENDATION TO THE COMMISSIONERS THAT WE ADOPT THIS, WHETHER THEY ADOPT IT OR NOT, IT'S STILL A RESOURCE THAT WE CAN PUT AND WE CAN DISCUSS LATER.
YOU KNOW, WE CAN RECOMMEND IT.
YEAH, WE CAN RECOMMEND IT, BUT BUT WE COULD DISCUSS LATER.
HOW DO WE WANT TO COMMUNICATE THAT? HOW DO WE WANT TO SPREAD THE WORD THAT THIS RESOURCE IS OUT THERE TYPE OF A THING? I DON'T KNOW, WAS THAT A MOTION? YEAH, I MAKE A MOTION WORD.
SURE. I MAKE A MOTION THAT WE TABLE THIS UNTIL OUR DECEMBER 15TH MEETING.
SO WE HAVE AN OPPORTUNITY TO THOROUGHLY REVIEW IT AND USE THIS.
YEAH. SO I MAKE THAT MOTION THAT WE TAKE IT.
AND THEN IF THERE WAS ANY OTHER DISCUSSION, I WOULD SUGGEST THAT IF THERE ARE AMENDMENTS TO THIS THAT WE BEGIN WORDSMITHING THOSE AMENDMENTS SO THAT WE CAN CONTINUE TO MOVE THIS, THIS FORWARD, BECAUSE IT IS A GOOD RESOURCE.
I SECOND THE MOTION. CAN WE HAVE A SECOND? ALL IN FAVOR, SAY AYE.
JEFF, I GOT ANOTHER QUESTION BEFORE WE.
FROM A FROM A PROFESSIONAL STANDPOINT, AND I'M.
I MEAN, I KNOW WHAT THE SORT OF THE GENEALOGICAL SIDE OF THIS IS, BUT THAT'S NOT PROFESSIONAL NECESSARILY.
AND SO THE NEAREST I CAN COME TO IT IS MR. MOORE WITH THE, THE SORT OF FUNERAL DIRECTOR DIMENSION OF THIS.
I MEAN, WHAT IS THE INDUSTRY STANDARD? IS THERE AN INDUSTRY STANDARD FOR.
I MEAN, WE DO THIS I THINK WE DO THIS EVERY MEETING, REALLY. WE YOU KNOW, IF IF I WERE DOING METHODOLOGY IN THE HISTORY PROFESSION.
WE WOULD LOOK TO THE OR THE OAH NATIONAL AND INTERNATIONAL ASSOCIATIONS THAT HAVE GUIDELINES FOR THESE THINGS THAT ARE PROFESSIONAL STANDARDS.
AND I GUESS I'M, I'M WONDERING WHAT LEVEL OF PROFESSIONAL STATUS THIS HAS.
RIGHT. WE WOULD IF WE WERE DOING MEDICAL STUFF, WE'D GO TO THE AMA. IF WE WERE GOING TO THE DENTAL ASSOCIATION, IT'D BE, YOU KNOW, THE DENTAL PEOPLE.
IS THERE ANYTHING IS THERE A HIGHER POWER THAN THAN THIS ORGANIZATION THAT ENDORSES THESE SORTS OF THINGS? AND I DON'T I DON'T KNOW THE ANSWER TO THAT.
I WAS ASKING RANDY BECAUSE I JUST SORT OF ASSUME THAT I KNOW OF A GUIDELINE ON THIS.
IS IT REASONABLE AND IS IT PRUDENT? AND THAT'S REALLY THAT'S WHY I APPROACH EVERYTHING. IS IT REASONABLE AND PRUDENT AND AND I. IT'S QUICK TO BE POINTED OUT TO YOU IF YOU DO SOMETHING INCORRECTLY IN THIS COUNTRY.
RIGHT. SO WHAT I PARTLY WHAT I WAS GOING FOR, THERE WAS MORE IF WE ADOPT THIS, IF SOMEONE ADOPTS THIS AT WHATEVER LEVEL WE ADOPT IT OR RECOMMEND IT, WE ARE ALSO ON SOME LEVEL ENDORSING THIS ORGANIZATION AND WHICH MAY HAVE ITS OWN POLITICS AND THOSE THINGS ATTACHED TO IT.
I MEAN, OBVIOUSLY, WHAT POLITICS CAN THERE BE IN CEMETERY PRESERVATION? RIGHT? I MEAN, BUT BUT EVERYTHING HAS A POLITICAL ANGLE, AND WE DO NEED TO BE CAREFUL ABOUT WHAT WE ENDORSE.
[00:25:04]
I MEAN, THIS SEEMS PRETTY ANODYNE, I REALIZE THAT, BUT, I MEAN. IT COULD BE SEEN AS AFFILIATION.SO. AND THAT'S NOT NECESSARILY THE BEST PLACE TO BE FOR A GOVERNMENT BOARD, I THINK. SO THAT'S WHY I'M A LITTLE LEERY OF IT.
IF IT WERE A NATIONAL PROFESSIONAL THING, THAT'S MAYBE A LITTLE BIT HIGHER UP THE FOOD CHAIN, I DON'T KNOW. SO SO THERE IS SO THE VETERANS ADMINISTRATION AND THE NATIONAL PARK SERVICE BOTH HAVE HAD GUIDES ABOUT CARE OF CEMETERIES AND MARKERS.
BOTH OF THOSE ORGANIZATIONS ARE NATIONAL ORGANIZATIONS.
THEY ARE NOT AS COMPLETE AS THIS BECAUSE THEY'RE REALLY CONCERNED ABOUT TAKING CARE OF THE MARKERS AND AND THE FENCING AND THAT KIND OF STUFF.
SO THEY DO HAVE SOME RECOMMENDATIONS ABOUT WHAT YOU DO WITH OLDER STONES AND THINGS LIKE THAT. THEY RECOMMEND D2 IN PARTICULAR FOR CLEANING OF STONES THAT ARE IMPAIRED WITH BIOLOGICAL MATERIAL. BECAUSE IT DOESN'T HARM THE STONE.
AND THEY THEY ARE VERY ADAMANT ABOUT NOT USING HYPOCHLORITE BASED PRODUCTS, WHICH IS WHAT WAS MY CONCERN WITH THEIRS.
SO THERE ARE OTHER ORGANIZATIONS THAT HAVE THAT I DON'T THINK THE GUIDE IS GOING TO BE NEARLY AS COMPLETE THIS THIS GUIDE HAS WRITTEN MORE FOR JOE CITIZEN WHO'S JUST INTERESTED IN. HEY, YOU KNOW, I JUST BOUGHT 50 ACRES AND THERE'S A CEMETERY ON MY PROPERTY. WHAT DO I DO TO MAKE SURE I TAKE CARE OF THIS THING? RIGHT.
THAT'S WHAT THIS GUIDE IS FOR.
THIS IS GUIDES FOR, YOU KNOW, THE AVERAGE JOE AND THE OTHER ONES ARE MORE FOR PEOPLE THAT ARE REALLY DOING CEMETERY WORK ON A MORE REGULAR BASIS, WHETHER IT'S HISTORIC CEMETERIES OR WHATEVER.
I CERTAINLY WOULD HAVE NO PROBLEM TRYING TO DIG UP THE GUIDELINES FROM BOTH THOSE ORGANIZATIONS AND BRINGING THEM IN. IF YOU ALL WANT ME TO DO THAT, I CAN CERTAINLY DO THAT.
I THINK, YES, I THINK THAT THE MORE RESOURCES THAT YOU HAVE AND YOU RECOMMEND PEOPLE TO DO BETTER. SO I THE REASON I KIND OF COME BACK TO THIS IS BECAUSE I SORT OF FEEL LIKE IT'S UNNECESSARY TO HAVE THE COMMISSIONERS WEIGH IN ON THIS.
ALL I'M TELLING YOU IS WHAT THE CODE SAYS.
THE CODE DOES NOT SAY WHO SHALL ADOPT.
IT COULD BE THE COMMISSIONERS. IT COULD BE PLANNING AND CODES.
IT COULD BE THAT THE FOLKS THAT WROTE THIS INTENDED THAT YOU ADOPT IT, EVEN THOUGH THEY USED THE WORD RECOMMEND.
AND BEFORE WE ADOPT ANYTHING, I WANT TO MAKE SURE THAT YOU HAVE THE AUTHORITY TO ADOPT IT.
AND MY PLAIN READING OF THE CODE SITTING HERE TONIGHT SAYS RECOMMEND.
IT DOESN'T SAY ADOPT EVEN THOUGH IT SAYS ADOPT IN OTHER PLACES.
SO FOR THE TIME BEING THERE IS A MOTION TO TABLE IT.
ANYWAY, I CAN GET CLARIFICATION ON EXACTLY WHO IT IS THAT WOULD NEED TO ADOPT IF ANYBODY NEEDS TO ADOPT IT. SO THE QUESTION I GUESS I HAVE IS WHO ARE WE RECOMMENDING TO? LIKE IN A CODE SENSE, THE 89 POWERS AND DUTIES, BLAH BLAH BLAH TO RECOMMEND GUIDELINES.
IF WE WERE JUST RECOMMENDING THEM TO THE GENERAL PUBLIC BY HAVING IT ON THE WEBSITE.
HERE'S SOME HANDY DANDY RESOURCES, ISN'T THAT? I MEAN, WE CAN'T THERE'S NO FORCE OF LAW TO THIS ANYWAY, SO I DON'T KNOW WHY. DO YOU SEE WHAT I'M SAYING? I DO. AND? AND WHAT I CAN TELL YOU IS THE CODE DOESN'T SAY.
RIGHT. YEAH, YEAH. TO WHOM? YOU'RE MAKING THE RECOMMENDATION. SO WE SHOULD HAVE CLARIFICATION ON THAT AS WELL BEFORE WE ADOPT IT OR RECOMMEND, WHETHER IT'S US THAT RECOMMEND IT TO THE COMMISSIONERS OR THE BOARD THAT RECOMMENDS IT TO THE CITIZENRY. YEAH.
YEAH. AND NOT NOT NOT TO CONFUSE THINGS FURTHER, BUT ITEM G WHERE IT TALKS ABOUT GUIDELINES AND SUPERVISE THE REPAIR OR RECONSTRUCTION OF SITES IN ACCORDANCE WITH MOST SUITABLE RESTORATION TECHNIQUES. THAT'S EVEN A FAR STICKIER WICKET, BECAUSE NONE OF THESE GUIDES REALLY TALK ABOUT DOING RESTORATION PER SE.
THAT'S A VERY SPECIALIZED SKILL.
THERE ARE DIFFERENT WAYS DEPENDING ON WHAT YOUR INTENT IS.
AND I THINK I THINK WE'RE WE'RE GOING TO HAVE A HARD TIME ACTUALLY DOING THAT EXCEPT ON A CASE BY CASE BASIS, TO BE QUITE HONEST WITH YOU.
I DON'T I DON'T THINK WE CAN COME UP WITH A GENERIC GUIDELINE TO RESTORE ANY PARTICULAR BURIAL SITE OVER ANY OTHER ONE.
I DON'T THINK UNLESS RANDY KNOWS SOMETHING I DON'T KNOW.
IT'S. YEAH, IT'S CASE BY CASE.
YEAH. THERE IS A MOTION AND A SECOND.
I DON'T YOU CAN CONTINUE TO DISCUSS, BUT AT SOME POINT YOU SHOULD CALL THE QUESTION. THE MOTION WAS TO TABLE IT BASICALLY.
YES. YEAH. SO I CALL THE QUESTION.
ANYONE. PROBABLY BECAUSE, YOU KNOW, YOU CAN HAVE THAT ONE.
I'VE GOT IT ON ELECTRONICALLY.
YEAH. I'M ALL IN FAVOR OF TABLING THE MOTION UNTIL DECEMBER MEETING.
[00:30:01]
I WAS ABOUT I REMEMBER BEFORE WE SAID.SEEMS LIKE WE HAVE A UNANIMOUS DECISION HERE.
AND THANK YOU ON THAT DECEMBER.
ANYBODY HAVE ANY GOOD? WELL, IDEAS.
DISCUSSING A POSSIBLE RECOMMENDATION FOR MORE DEED RESEARCH PRIOR TO COMMERCIAL SOLAR
[ Discuss a possible recommendation for more deed research prior to commercial solar construction.]
CONSTRUCTION. I THOUGHT THEY HAD THEIR OWN FOLKS THAT DID THAT HAVE THEIR OWN WHAT? DEED RESEARCH PRIOR TO COMMERCIAL SOLAR CONSTRUCTION? I DO NOT KNOW IF THE PEOPLE DOING THE SOLAR ARE DOING THEIR OWN DEED RESEARCH. I SUSPECT THEY DO NOT.AND I WILL TELL YOU, THE COMMISSIONERS ARE CURRENTLY CONSIDERING A REVAMP.
AS YOU ALL MAY HAVE SEEN IN THE NEWS OVER THE LAST COUPLE OF YEARS THAT FOLKS IN ANNAPOLIS HAVE SAW FIT TO TAKE OUR PLANNING AND ZONING AUTHORITY FROM US WITH REGARD TO THE SITING OF SOLAR PROJECTS AND VIRTUALLY ANYTHING HAVING ANYTHING TO DO WITH SOLAR ABOVE ONE MEGAWATT. THE COMMISSIONERS ARE WORKING THROUGH A REVAMP OF THE SOLAR ORDINANCE, AS ALL COUNTIES ARE TO BE CONSISTENT WITH SENATE BILL 931.
I THINK IT WAS THAT WAS PASSED THAT ALTERED THE LANDSCAPE OF SOLAR CONSTRUCTION IN THE STATE. THE AN ABILITY.
WELL. AND I GUESS IT TIES BACK TO THIS WORD RECOMMEND.
YOU KNOW, WE HAVE THE ABILITY TO RECOMMEND ALL KINDS OF THINGS.
YOU KNOW, WE WE COULD CERTAINLY RECOMMEND, FOR EXAMPLE, TO THE COMMISSIONERS THAT IT BE INCLUDED OR THAT IT BE CONSIDERED AS PART OF THE UPDATE OF THE COUNTY SOLAR ORDINANCE.
AND I CAN TELL YOU THAT I'LL BE SITTING WITH THOSE FOLKS TOMORROW, AS WELL AS THE COUNTY ATTORNEY, STEWART BARROLL, WHO IS WORKING ON THE SOLAR ORDINANCE AND AND HAPPY TO RAISE THE ISSUE OF, YOU KNOW, DEED RESEARCH WITH REGARD TO BURIAL SITES ON PROPOSED SOLAR LOCATIONS.
BUT AS YOU FEEL CHALLENGED WITH ONLY THE ABILITY TO RECOMMEND THINGS, I CAN GUARANTEE YOU THAT COUNTIES ACROSS THE STATE ARE FEELING EQUALLY CHALLENGED IN THAT THEIR ABILITY TO CONTROL SITING, PLANNING AND ZONING, AND A LOT OF WHAT HAPPENS ON FARMLAND THAT IS CONVERTED OR ANY LENGTH THAT IS CONVERTED TO SOLAR IS BASICALLY A RECOMMENDATION TO THE PUBLIC SERVICE COMMISSION, AND IT IS THE PUBLIC SERVICE COMMISSION THAT ULTIMATELY DETERMINES WHETHER OR NOT, BASED ON A VERY THOROUGH SET OF WHETHER YOU LIKE THEM OR NOT, THEY ARE THOROUGH COMER REGULATIONS THAT SOLAR APPLICANTS CPCN APPLICANTS HAVE TO MEET. AND I CAN TELL YOU, HAVING LITERALLY REVIEWED THEM TODAY, DEALING WITH SOLAR PROJECT BURIAL SITE DEED RESEARCH IS NOT AMONGST THE REQUIREMENTS THAT THE STATE HAS SAW FIT TO OBLIGATE APPLICANTS TO DO.
SO WE COULD CERTAINLY SPEND A LOT OF TIME TALKING ABOUT TRYING TO REQUIRE SOLAR APPLICANTS TO DO DEED RESEARCH.
WE CAN'T, AS, AT LEAST IN THE STATE'S OPINION AND IN OUR STATE SUPREME COURT'S OPINION, WE CAN'T TELL THEM ON WHAT PROPERTY TO PUT SOLAR, MUCH LESS WHAT TO DO ON THE PROPERTY WITH SOME LIMITATIONS.
CAN I ASK YOU A QUESTION? SURE.
SINCE YOU JUST. SINCE YOU SAID YOU JUST READ THIS. SO I SOLD A PIECE OF PROPERTY THAT ENDED UP BEING BOUGHT BY A COMPANY THAT HAS INTENTIONS OF DEVELOPING IT FOR SOLAR.
THE OLD FARM. THEY COME BACK AND ASK ME IF I KNEW WHERE THERE WAS AN OLD BARN, THAT EVIDENTLY ONE OF THE CHECK BOXES THEY HAD TO GO THROUGH, IN ADDITION TO WETLANDS AND OTHER THINGS WAS, I THINK, THE STATE HISTORICAL SOCIETY.
YES. SO SO THEY'RE REQUIRED TO LOOK UP THAT.
SO THEY COME TO ME WANT TO KNOW IF I KNEW WHERE THIS BARN WAS AT, THAT I THINK IT WAS ACROSS THE ROAD WHEN I TILLED THE FARM FOR 20 YEARS, I NEVER FOUND ANY REMNANTS OF BRICKS, BLOCKS, ANY SIGN OF A BARN. SO I SAID, I DON'T THINK THERE WAS EVER A BARN WHERE YOU THINK THAT IT MAY BE, BUT THERE WAS ONE RIGHT ACROSS THE ROAD, SO MAYBE SOMETIME MAPS GOT MIXED UP.
ANYWAY, LONG STORY. THEY WERE REQUIRED TO DO TO CHECK WITH THE HISTORIC PEOPLE SOMEWHERE.
I DON'T KNOW WHAT THE ORGANIZATION WAS. SO THAT ORGANIZATION DOESN'T KNOW WHERE BURIAL
[00:35:02]
SITES ARE. I MEAN, I GET THAT WE'RE NOT GOING TO BE ABLE TO.THE COUNTY IS NOT GOING TO HAVE ANY MEAT IN THIS. BUT CAN'T WE RECOMMEND TO THE STATE SOME STATE AGENCY THAT IS WORRIED ABOUT BURIAL SITES, THAT THEY HAVE ANOTHER BOX TO CHECK, THAT THEY THEY HAVE TO DO A SEARCH FOR WETLANDS? THEY HAVE TO DO A SEARCH FOR OLD BUILDINGS.
WHY DON'T THEY HAVE TO DO A SEARCH FOR BURIAL SITES? OR CAN IT FALL UNDER THE HISTORIC TRUST, OR WHOEVER IT IS THAT MADE THEM LOOK FOR OLD BARNS? I MEAN, IT'S CERTAINLY THE ANSWER TO YOUR QUESTION IS YES, IT WOULD BE A STATE LEGISLATIVE CHANGE, AND THAT WOULD BE ABOVE THE PAY GRADE THAT THE COUNTY. I MEAN, THESE ARE REGULATIONS ENACTED BY THE GENERAL ASSEMBLY.
IT MAY WELL BE, HOWEVER, THAT IN INQUIRING TO THE MARYLAND HISTORICAL TRUST AS TO WHETHER THERE'S ANY HISTORICAL IMPORT TO A PARTICULAR FARM OR A VIEWSCAPE OR AN AREA THAT THAT ORGANIZATION WOULD HAVE KNOWLEDGE OR INFORMATION THAT THERE WAS A BURIAL SITE, IT WOULD BE MORE HAPPENSTANCE, I CAN TELL YOU, HAVING REVIEWED THE REGULATIONS THAT GOVERN WHAT CPC AN APPLICANT HAS TO TO DO.
I'VE NEVER SEEN REFERENCE TO CEMETERY OR BURIAL SITES.
IT'S AMAZING. THEY CARE ABOUT A BARN THAT'S BEEN HAS BEEN LONG GONE, BUT THEY DON'T CARRY IT. THEY DON'T CARE ABOUT A BURIAL SITE. THAT JUST SEEMS WEIRD TO ME. IF THEY WERE BUILDING A ROAD, THEY WOULD HAVE TO SEND IN THE ARCHEOLOGICAL SIDE OF THAT. I MEAN, SO SO IN 2020, 2021, THE STATE HIGHWAY ADMINISTRATION STARTED A PROJECT.
THEY WERE CONTACTING EVERY GENEALOGICAL SOCIETY, HISTORICAL SOCIETY IN THE STATE TO TRY TO LOCATE CEMETERIES BECAUSE THEY WERE TIRED OF DIGGING UP CEMETERIES WHEN THEY WERE DOING ROAD WIDENING PROJECTS, AND THEY WERE TRYING TO IDENTIFY THEM TO PRECLUDE ANY KIND OF DEVELOPMENT ACTIVITY FROM DISTURBING BURIAL SITES.
SO THERE IS A STATE AGENCY THAT CARES ABOUT IT.
IT'S JUST NOT THE PEOPLE THAT ARE DOING SOLAR. SO DOES DOES THE SOLAR CODE RELATED TO SOLAR, ARE THEY SOMEHOW EXEMPT FROM THE THINGS THAT SAY PUBLIC WORKS HAS TO FOLLOW? I MEAN, WELL, FIRST, THE CODE THAT YOU'RE REFERRING TO, THE STATE CODE, THE COUNTY CODE, THE STATE CODE, WHICH IS THE COUNTY CODE DIDN'T MATTER. SO THE STATE CODE. WELL, IT DOES AND IT DOESN'T.
SO. SO THE SECTION IT'S THE PUBLIC UTILITY ARTICLE, SECTION 7272 REQUIRES OR 227 REQUIRES THAT THE THAT THE PUBLIC SERVICE COMMISSION GIVE DUE CONSIDERATION TO THE ADVICE OF THE AND I'M PARAPHRASING THE ADVICE OF THE GOVERNING BODY OF THE JURISDICTION IN WHICH THE PROJECT IS LOCATED. RECOMMENDATION, I THINK, IS THE CORRECT WORD.
THANK YOU. AND SECOND, WHETHER OR NOT IT IS VIEWED AS CONSISTENT WITH THE COUNTY OR THE MUNICIPALITY'S COMPREHENSIVE PLAN.
SO DOES DOES THE STATE LAW RELEVANT OR EXCUSE ME, RELATIVE TO SOLAR, SUPERSEDE A COUNTY LAW ABOUT BURIAL SITES.
THE MARYLAND SUPREME COURT, IN THE PERENNIAL SOLAR CASE, SAID THAT THE PUBLIC SERVICE COMMISSION'S AUTHORITY TO GRANT A CPCN APPLICATION, A SOLAR APPLICATION SUPERSEDES COUNTY PLANNING AND ZONING LAWS, WHICH WOULD THEREFORE INCLUDE ANYTHING RELATED TO BURIAL SITES.
IT OR. WELL, I'M TELLING YOU WHAT THE SUPREME COURT SAID.
IT CAN'T SUPERSEDE THE STATE LAW.
STATE LAW? WELL, IT CAN'T SUPERSEDE THE STATE LAW.
WELL, THE HISTORIC WHATEVER HISTORIC ORGANIZATION, IT LOOKED UP, THIS OLD BARN.
I WONDER WHY THEY DIDN'T FEEL COMPELLED TO SPEND TIME DOING A SEARCH FOR BURIAL SITES.
WELL, THEY FOUND THIS BARN THAT THEY TOLD THIS COMPANY TO LOOK AT OR LOOK FOR, BUT THEY DIDN'T LOOK FOR BURIAL SITES THAT THEY TOLD THE COMPANY TO LOOK FOR.
RIGHT. BUT IF IT'S NOT IN THE ACTUAL CODE OR THE LAW RELATED TO SOLAR, THEN THERE'S NO REMIT FOR THE.
THERE'S NO REQUIREMENT FOR THEM TO TO DO THAT.
WHEREAS IF YOU WERE BUILDING A ROAD, THERE'S I MEAN, I GUESS WHAT I'M SAYING IS THIS, THIS SOLAR LEGISLATION IS MOVING SO FAST.
IT'S NOT WELL, YEAH. IT'S NOT FOLLOWING WELL-WORN PATHS, SHALL WE SAY. THAT WOULD BE THE VIEW OF A LOT OF FOLKS, CERTAINLY ON THIS SIDE OF THE BRIDGE.
AND I MEAN, THE TROUBLING THING ABOUT THEN IS THAT YOU'RE REALLY IT'S IT'S TRUMPING EVERYTHING. IT'S NOT. I MEAN, FORGET THE LOCAL STUFF.
I MEAN, IT SOUNDS LIKE AT THE STATE LEVEL, THE CODE'S CLASHING WITH ITSELF.
YEAH. SO WHEN IN CODES ARE NOT SUPPOSED TO CLASH, AND THIS IS PROBABLY GETTING A LITTLE FAR AFIELD, BUT WHEN THE LEGISLATURE ENACTS, LIKE SENATE BILL 931, WHICH IT JUST ENACTED IN THIS LAST SESSION.
THE JUDICIAL CREATED CASE LAW IS THAT THE LEGISLATURE IS PRESUMED TO KNOW ALL OF THE
[00:40:06]
OTHER LAW THAT EXISTS AT THE TIME, AND THAT IT INTENDED THE NEW LAW TO MESH WITH THE EXISTING LAW, SUCH THAT THEY COULD BE READ COHESIVELY AND SUCH THAT NOT ONE RENDERS THE OTHER OBSOLETE. YOU'RE SUPPOSED TO READ THEM TOGETHER IN PAIRING MATERIAL.SO IF THEY BOTH GENERALLY APPLY TO THE SAME THING AND THEY ADDRESS GENERALLY THE SAME SUBJECT MATTER, YOU'RE SUPPOSED TO READ THEM CONSISTENTLY AND NOT AT ODDS.
THE, THE THE SUPERSEDING COMES IN WHEN YOU'RE TALKING ABOUT FEDERAL VERSUS STATE, STATE VERSUS COUNTY. AND THUS COURT CASES ARE BORN WHEN THEY WHEN THERE ARE CONFLICTS.
WELL, THIS HAS ALREADY GONE TO THE STATE SUPREME COURT AND THEY RULED ON IT.
THE STATE SUPREME COURT RULED THAT THE PUBLIC SERVICE.
IT'S A LAWYERS LIKE TO LIMIT THE HOLDINGS OF CASES.
AND SO THE JUDGES ON THE FACTS PRESENTED.
SO THE FACTS THAT WERE PRESENTED IN THAT CASE WAS A CONFLICT BETWEEN, I THINK IT WAS WASHINGTON COUNTY AND PERENNIAL SOLAR, AND WHETHER OR NOT WASHINGTON COUNTY'S REQUIREMENTS FOR VARIANCES AND SPECIAL EXCEPTIONS TOOK PRECEDENT OVER THE STATE PUBLIC SERVICE COMMISSION'S RIGHT TO AUTHORIZE A SOLAR FACILITY NEXT TO THIS RESIDENTIAL COMMUNITY.
AND THE SUPREME COURT HELD THAT THIS THE STATE LEGISLATURE, HAD IMPLIEDLY PREEMPTED LOCAL ZONING AND PLANNING LAWS.
I SAT ON THE PLANNING COMMISSION FOR YEARS, AND IF THERE WAS A DEVELOPMENT, ONE OF THE THINGS WAS YOU HAD TO GET STATE HIGHWAY.
IT HAD TO GO BEFORE THE HEALTH DEPARTMENT.
THERE WERE THINGS THAT WE REQUIRED ORGANIZATIONS, AGENCIES LOOK AT THINGS BEFORE A DEVELOPMENT WAS APPROVED.
SO CAN WE RECOMMEND CAN THIS BOARD RECOMMEND TO THE STATE WHATEVER AGENCY IT IS THAT'S NOW GIVEN THEIR BLESSING? ON ANY SOLAR PROJECT THAT ONE OF THE CHECKLIST THINGS BE SOMEBODY DO A DEED SEARCH FOR BURIAL SITES.
SO YEAH, I GUESS YES, BUT IT'S AN OVERLY SIMPLISTIC ANSWER.
UNFORTUNATELY, THAT CHANGE THE PUBLIC SERVICE COMMISSION ISN'T GOING TO MAKE THAT CHANGE.
THE LEGISLATURE HAS TO MAKE THAT CHANGE.
SO CAN WE CAN WE SEND A LETTER RECOMMENDING TO OUR DELEGATES THAT THEY THAT THEY SUBMIT A BILL THAT PROPOSES THIS ADDITION TO THE CHECKLIST OF RIGHT OF WAYS TO THE STATE HIGHWAY THAT THEY STILL HAVE TO DO. THE SOLAR COMPANIES HAVE TO DO THAT, OR TO THE COUNTY ROAD OR WHATEVER. THEY HAVE TO GET THE BLESSING IF THEY WANT TO PUT A PIPE IN TO ENTER A FARM FIELD FROM PUBLIC WORKS.
SO CAN'T CAN'T WE SUGGEST THAT OUR DELEGATES SUBMIT A BILL THAT THEY REQUIRE? THEY'RE REQUIRED TO DO A DEED SEARCH FOR BURIAL SITES BEFORE, AS IN ONE OF THE REQUIREMENTS TO GET A PERMIT TO BUILD A SOLAR PROJECT.
THAT'S WHAT WE SHOULD DO. WE WOULD RECOMMEND THAT THE COMMISSIONERS DO THAT.
YES. WE DON'T HAVE THE AUTHORITY TO DO. WELL, YOU HAVE IT DEPENDS ON WHO RECOMMENDS WHAT TO WHO, WHICH IS WHAT WE'RE GOING TO FIND OUT BEFORE THE NEXT.
RIGHT. BUT I MEAN, LOOK, ANY ONE OF US AS A CITIZEN HAS THE ABILITY TO REACH OUT TO THE BURIAL PRESERVATION BOARD TO THE EXTENT THAT THE BOARD WANTED TO REACH OUT TO A DELEGATE OR A SENATOR AND ASK FOR THIS LEGISLATIVE CHANGE.
IT NEVER HURTS TO MAKE SURE THAT THE THE COMMISSIONERS THAT APPOINT US ARE ON BOARD.
BUT YEAH, I THINK WE I MEAN, WE CAN GET JEFF BRYCE TO COME IN AND WE COULD EXPLAIN TO HIM THE ISSUE AND HE WOULD I MEAN, I WOULD LIKE TO THINK THAT HE WOULD SUPPORT US AND PROPOSE TO HELP.
I MEAN, I WOULD GENERALLY THINK THE COMMISSIONERS WOULD SUPPORT THAT. YES.
DO YOU WANT TO PLAY DEVIL'S ADVOCATE? THE ONLY. ONLY PEOPLE THAT WOULDN'T WOULD BE THE SOLAR COMPANY. WOULD HAVE TO SPEND A LITTLE BIT MORE MONEY DOING DEEDS, PAYING SOMEBODY TO DO DEED SEARCHES. THAT'S THE ONLY ONLY, ONLY PEOPLE GOING TO BE OPPOSED, RIGHT? WELL, THEY'RE SPENDING SO MUCH MONEY ANYWAY.
I DON'T KNOW, I'M WITH YOU. I'M JUST SAYING THAT'S THAT'S. I CAN'T COME UP WITH A REASON WHY I DON'T THINK THAT THEY SHOULD DO IT. WELL, I THINK I WAS THE GUY THAT SAID THAT IF DAVID COULD DO ALL THAT WORK ON HIS OWN TIME, THEN. AND I THINK IT'S EMBARRASSING THAT THEY DIDN'T FIND OBVIOUS THINGS IN THE IN THE DEED SEARCH. AND I'M NOT EXACTLY SURE WHAT THE TECHNICAL TERM FOR DEED SEARCH WOULD BE.
IT WOULDN'T BE A TITLE SEARCH BECAUSE THAT'S A LITTLE I MEAN, THAT WOULD REQUIRE THEM TO. IT'S ESSENTIALLY THIS THE SAME THING YOU'RE SEARCHING TITLE TO THE PROPERTY. YOU'RE NOT IN THIS INSTANCE, YOU'RE NOT SEARCHING THE DEEDS AND THE TITLE OR ABSTRACTING TITLE TO CONFIRM THAT THE CURRENT OWNER HAS FEE SIMPLE TITLE.
YOU'RE LOOKING IN THE DEED FOR THEM? YES. YES. IMAGINE THAT.
I KNOW YOU HAVE TO BEAT THEM AND GO BACK A LONG WAY.
SO SOMETIMES YOU'RE READING 100.
WELL, SINCE I WAS THE GUY THAT BROUGHT THIS UP THE LAST TIME, I WOULD LIKE TO MOVE THAT. WE RECOMMEND THE COMMISSIONERS, I GUESS, OR I'M NOT EXACTLY SURE.
[00:45:05]
BUT WE'LL START THERE. I THINK THAT WOULD BE THE BEST STEP THAT THEY ASK THE STATE LEGISLATURE OR HOWEVER THAT WOULD GO DOWN.HERE'S WHAT I WOULD SUGGEST FOR NOW, SINCE WE ARE WE ARE TABLING THINGS, THE I WILL THE COMMISSIONERS HAVE A PRETTY FULL SLATE.
IT MAY BE THAT THE COMMISSIONERS WOULD AUTHORIZE THE BOARD TO MAKE THAT ASK OF OUR LEGISLATORS, BUT WHILE I AM HASHING OUT WITH THE COUNTY ATTORNEY WHAT WE'RE RECOMMENDING AND TO WHOM WE'RE RECOMMENDING.
LET ME FOLLOW UP ON THAT TO BEFORE WE MAKE A MOTION TO ASK THE COMMISSIONERS TO TAKE THAT ACTION THAT THEY MAY NOT NEED TO TAKE THAT ACTION.
THEY THEY MAY BE HAPPY TO AUTHORIZE THIS BOARD, WHICH THEY HAVE CREATED TO DO SUCH THINGS, TO TAKE THAT ACTION.
OKAY, FINE BY ME. SO DO WE NEED A MOTION TO TABLE THIS UNTIL DECEMBER ALSO? THERE WAS NEVER A SECOND NOT TO UNDERTAKE ANY BUSINESS AT ALL.
SO AS LONG AS IT'S NOT SECONDED, IT GOES AWAY.
WELL, THEN I'LL. I GUESS I'LL MOTION TO TO TABLE IT UNTIL WE GET THE RECOMMENDATION FROM MR. HAMMOND. RIGHT. IS THAT OKAY? OR WITHDRAW? NO, BUT, JIMMY, I THINK THAT'S A GOOD IDEA.
GOOD SUGGESTION. SO WE NEED A SECOND.
SECOND. WHAT ARE WE? WAIT, WAIT.
I'M CONFUSED. YOU MADE A MOTION.
NOBODY SECONDED IT. YOU CAN EITHER SECOND IT AND VOTE TO TABLE, OR YOU CAN WITHDRAW THE MOTION. IT'S SIX ONE HALF DOZEN.
I'LL FOLLOW UP AND I'LL REPORT BACK.
YEAH. WE DON'T HAVE ANYTHING IN WRITING, BUT WE'RE TRUSTING YOU TO DO THAT. I WROTE IT DOWN. DON'T WORRY. I TAKE GOOD NOTES.
IF NOTHING ELSE, I TAKE GOOD NOTES.
THANK YOU. MR. BAKER. PROBABLY PRETTY MUCH ALL OF US.
THE MR. MOORE. WHAT? WE DIDN'T CLEAN UP THE CEMETERY.
[ What weeding/cleanup of cemetery is allowed by law?]
IS ALLOWED BY LAW. SO WHAT? WHAT PEOPLE ARE PRECLUDED FROM DOING IS MESSING WITH WHAT IS CALLED HEIRLOOM PLANTINGS. SO IF SOMEBODY PLANTS AN AZALEA BUSH BY THEIR GRANDFATHER'S TOMBSTONE WHEN HE'S BURIED, THAT'S GOES WITH THE BURIAL.SO YOU CANNOT GO BACK IN LATER AND DIG UP THE AZALEA BUSH, BECAUSE THAT'S PART OF THE BURIAL.
BUT IF A GUM TREE STARTS TO GROW BESIDE THAT TOMBSTONE, YOU CAN TAKE THAT OUT, BECAUSE THAT IS THAT IS NOT AN INTENDED PLANT OR AN INTENDED GROWTH AND THE BURIAL SITE.
SO TO CLEAN UP A BURIAL SITE, YOU ARE FREE, AS LONG AS THE DIFFERENCE WOULD BE IF A IF A TOMBSTONE BECOMES ENVELOPED BY A TREE, THAT'S WHERE YOU START HAVING A PROBLEM, BECAUSE TRYING TO GET THE TOMBSTONE OUT OF THAT WITHOUT DESTROYING IT IS WHERE YOU HAVE A PROBLEM.
BUT ANY KIND OF HEIRLOOM PLANTINGS AND STUFF, YOU'RE NOT SUPPOSED TO DISTURB THOSE.
ONE ONE PROBLEM WITH THAT FROM PAINFUL EXPERIENCE WITH CEMETERIES, HOW DO YOU TELL THE DIFFERENCE BETWEEN AN HEIRLOOM PLANTING THAT WAS DONE 100 YEARS AGO, AND THE GUM TREE THAT POPPED UP 100 YEARS AGO, RIGHT? WELL, YEAH, IT CAN BE RIGHT.
IT CAN, IT CAN BE IT CAN BE A LITTLE BIT TRICKY.
BUT I MEAN, MOST PEOPLE THAT ARE PLANTING THINGS BESIDE MOST PEOPLE DON'T PLANT THINGS BESIDE GRAVES. FIRST OFF, MOST PEOPLE DON'T.
AND IF THEY DO, IT'S FLOWERS OR LIKE DAFFODILS OR IRIS BULBS OR WHATEVER FLOWER THAT THEIR LOVED ONE ENJOYED THE MOST.
YOU DON'T SEE A LOT OF REAL TREES.
I ACTUALLY HAVE AN UNUSUAL AMOUNT OF EXPERIENCE WITH TREES PLANTED, JUST LIKE JUST LIKE THIS SITUATION.
SO. YEAH. YEAH. SO IT'S DIFFICULT THOUGH.
ONE OF THE RECOMMENDATIONS IS UNDERSTANDING WHAT ARE THE NATIVE NATIVE PLANTS THAT WOULD NORMALLY BE IN THAT PARTICULAR AREA.
I MEAN, IF YOU FIND IF YOU FIND A PINE TREE IN THE MIDDLE OF THE CEMETERY AND THERE'S NOT A PINE TREE WITHIN FIVE MILES OF THE BURIAL SITE, IT DIDN'T COME THERE BY ACCIDENT, BY NATURAL MEANS THAT WAS PLANTED THERE BY SOMEBODY. SO, I MEAN, THAT'S SORT OF WHAT YOU'RE SUPPOSED TO DO.
BUT I THINK IF ANYBODY IN GOOD FAITH IS TRYING TO REMOVE PLANTINGS, I DON'T THINK THERE'S LESS.
SOMEBODY COMPLAINS. NOBODY'S GOING TO REALLY KNOW WHERE YOU HAVE.
THE BIGGEST PROBLEM YOU HAVE IS YOU HAVE GREENBRIER, POISON IVY GUM TREES. WELL, I MEAN, THAT'S USUALLY WHAT YOU WIND UP WITH.
YEAH, THAT'S THAT'S A BIG PROBLEM.
YEAH. TREES THAT HAVE OVERGROWN THEIR PLANT.
RIGHT. AND IT'LL GET TO BE 2 OR 3 STORIES HIGH.
RIGHT. YEAH. YOU KNOW, YOU REALLY HAVE NOTHING, AND NOTHING PRECLUDES.
[00:50:01]
NOTHING PRECLUDES. IF YOU BELIEVE IT'S AN HEIRLOOM PLANTING, THERE IS NOTHING THAT PRECLUDES YOU FROM PRUNING AND TRIMMING THAT HEIRLOOM PLANTING.SO IF SOMETHING'S GETTING OUT OF HAND, YOU CAN PRUNE THAT AND CLEAN THAT.
BUT YOU ARE NOT SUPPOSED TO KILL IT OR DESTROY IT.
SOMETIMES PRUNING DOES THAT, THOUGH.
WELL, EVEN THE WORD REMOVE HAS DIFFERENT CONNOTATIONS TO DIFFERENT PEOPLE.
YOU KNOW, DOES THAT MEAN CUT IT OFF AT GROUND LEVEL, OR DOES THAT MEAN BRING THEM BACK IN AND AND RIP IT OUT AND POSSIBLY DIG UP A GRAVE AT THE SAME TIME? YEAH. AFTER THE LAST MEETING I DID ACTUALLY GO BACK AND PULL.
THERE IS A PROVISION OF THE CRIMINAL LAW ARTICLE THAT DIRECTLY ADDRESSES.
WELL, THERE WERE TWO THINGS. ONE, THERE IS A PROVISION OF COMAR THAT IS EXTREMELY HELPFUL WITH REGARD TO THE MAINTENANCE OF CEMETERIES.
AND IT SAYS THAT CEMETERIES SHALL BE MAINTAINED IN THE GROUNDS AND STRUCTURES IN A REASONABLE CONDITION, WHATEVER THAT MEANS.
AND UNDER OUR CRIMINAL LAW ARTICLE, SUBJECT TO THE PROVISIONS OF SECTION, I'LL READ IN A SECOND.
A PERSON MAY NOT WILLFULLY DESTROY, DAMAGE OR REMOVE A TREE, PLANT OR SHRUB IN A CEMETERY.
SECOND PROVISION. THE PROVISIONS OF THE FIRST PARAGRAPH DO NOT PROHIBIT THE NORMAL MAINTENANCE OF A CEMETERY OR BURIAL SITE, INCLUDING THE TRIMMING OF TREES AND SHRUBS, REMOVAL OF WEEDS OR NOXIOUS GROWTHS, GRASS CUTTING OR OTHER ROUTINE CARE AND MAINTENANCE. SO YOU CANNOT WILLFULLY DESTROY, DAMAGE OR REMOVE A TREE, PLANT OR SHRUB.
BUT THAT DOES NOT PRECLUDE YOU FROM TRIMMING TREES AND SHRUBS OR REMOVING WEEDS, NOXIOUS GROWTHS, OR CUTTING THE GRASS.
SO. SO HOW DOES. AND I'VE ASKED THIS MANY TIMES, HOW DOES AS A AS A LEGAL PERSON, WHEN TWO THINGS CONTRADICT HIMSELF? ONE PLACE THAT SAYS YOU CAN'T REMOVE A TREE, BUT YOU CAN REMOVE A WEED AND A TREE IS A WEED. WELL, AND I DID DO A LITTLE BIT OF RESEARCH ON THAT WHEN I GOT HOME AFTER THE LAST MEETING. MY WIFE IS A MASTER GARDENER AND I ASKED HER, AS YOU RECITED, WHAT IS THE DEFINITION OF A WEED? AND SHE SAID, A PLANT IN THE WRONG PLACE, RIGHT? SO, YOU KNOW, THERE'S UNFORTUNATELY WHEN YOU HAVE THESE TYPES OF AMBIGUITIES IN THE STATUTE IT'S IT'S THE FODDER FOR LITIGATION.
AND YOU ASK, UNFORTUNATELY, SOMETIMES TWO LAWYERS THE SAME QUESTION.
INEVITABLY, YOU GET TWO DIFFERENT ANSWERS. THE TO GET TO GET A LITTLE GRANULAR, THE SECOND PARAGRAPH THAT I READ, THE PROVISIONS OF THIS SECTION DO NOT PROHIBIT THE NORMAL MAINTENANCE OF A CEMETERY OR BURIAL SITE, INCLUDING TRIMMING OF TREES AND SHRUBS.
SO NOW WE'VE TALKED ABOUT THE TRIMMING OF TREES AND SHRUBS THAT AT LEAST OUR CITIZEN LEGISLATURE IN ANNAPOLIS THINKS IS ONE TYPE OF PLANT.
AND THEN IT GOES ON TO ADDRESS THE REMOVAL OF WEEDS OR NOXIOUS GROWTHS.
IT DOESN'T SAY THE REMOVAL OF TREES, WEEDS OR NOXIOUS GROWTHS, SO THEY ARE TREATING THOSE TWO AS SEPARATELY, EVEN THOUGH, YOU KNOW, WE ALL REFER TO THINGS AS JUNK TREES AND I VIEW THEM AS WEEDS. BUT OUR LEGISLATURE HAS USED THAT LANGUAGE IN AN EFFORT TO CLARIFY THIS FOR US. AND AND IF YOU GO THROUGH THE COALITION FOR PRESERVATION OF MARYLAND BURIAL SITES AND READ WHAT THEY'RE TALKING ABOUT, THOSE TYPE OF GROWTHS.
THEY MAKE A VERY CLEAR DISTINCTION ABOUT WHAT'S CONSIDERED LIKE AN HEIRLOOM THING.
IN OTHER WORDS, A BUSH THAT WAS PLANTED ON PURPOSE, RIGHT? A HEDGE ROW OR A BEAUTIFUL OAK TREE OR A WILLOW TREE IN THE CENTER OF THE CEMETERY.
THOSE KIND OF THINGS. THOSE WOULD BE YOUR HEIRLOOM KIND OF PLANTINGS.
AND THEN, YOU KNOW, THE GUM TREE THAT HAPPENS TO SPROUT UP IS NOT CONSIDERED THAT.
AND SO, I MEAN, THAT'S WHERE YOU WIND UP WITH THOSE KIND OF DIFFERENTIATIONS ABOUT WHAT'S.
AND RESPECTFULLY, I WOULD CALL THAT A NOXIOUS GROWTH.
AND I WOULDN'T DISAGREE, BUT I WOULD BE MORE CONCERNED ABOUT VIOLATING THE CRIMINAL LAW ARTICLE THAN I WOULD THE RECOMMENDATION OF THAT NONPROFIT.
SO I GOT A QUESTION ABOUT THAT THEN.
IT SEEMS TO ME THERE'S A DISTINCTION BETWEEN SOME SORT OF COLLECTIVELY OWNED CEMETERY AND THE SORT OF CEMETERIES WE'RE TALKING ABOUT ON PRIVATE LAND.
IS IT CRIMINAL? SO I'M JUST USING THE PRESTON CEMETERY, WHICH IS OWNED BY FRATERNAL ORGANIZATION OR A CHURCH CEMETERY.
SAME THING. IF THE CHURCH DECIDES TO KNOCK DOWN A TREE, THAT'S THAT'S IN IN THE CEMETERY.
IS THAT CRIMINAL? OBJECTIVELY.
SO IF THE CHURCH WILLFULLY DESTROYED OR REMOVED A TREE,
[00:55:05]
JUST A PERSON. AND, YOU KNOW, WE CAN DEBATE WHETHER CHURCHES QUALIFY AS PERSONS, BUT AT LEAST I BELIEVE ORGANIZATIONS DO.AND THEREFORE, CHURCH BEING AN ORGANIZATION, LET'S ASSUME A CHURCH. THEY HAVE A TAX ID NUMBER. LET'S ASSUME A CHURCH IS A PERSON.
A PERSON MAY NOT WILLFULLY DESTROY, DAMAGE, OR REMOVE A TREE, PLANT OR SHRUB IN A CEMETERY.
NOW, WHETHER OR NOT A STATE'S ATTORNEY PROSECUTES THAT WHETHER IF IT'S THEIR OWN CEMETERY, YOU KNOW, THE TREE WAS ENCROACHING ON THE SIDE OF THE CHURCH.
IT NEEDED TO BE TAKEN OUT FOR SAFETY'S SAKE.
YOU KNOW, NOT HAVING DONE CRIMINAL PROSECUTION WORK, I WOULD TELL YOU THERE'S A FAIR AMOUNT OF DISCRETION THAT COMES INTO WHETHER OR NOT YOU ARE PROSECUTING THESE THINGS, AS OPPOSED TO A VANDAL GOES TO A CEMETERY IN THE MIDDLE OF THE NIGHT AND STARTS HACKING AT A TREE WELL, AND THE WELFARE OF THE CEMETERY ITSELF, THE INTEGRITY OF THE CEMETERY.
YOU KNOW, IF SOMEBODY'S GETTING INTO AND IN YOUR HYPOTHETICAL, YOU KNOW, I'M GOING OUT. IT WAS THE TREE THAT WAS PLANTED OVER MY DAD'S GRAVESITE.
THE CHURCH WAS ABOUT TO FALL ON THE BUILDING.
WE HAD TO GO TO THE STATE'S ATTORNEY, AND I COMPLAINED. THE STATE'S ATTORNEY'S PROBABLY GOING TO TELL ME IT'S NOT SOMETHING THEY'RE INTERESTED IN PROSECUTING BECAUSE THEY WERE DOING. THEY HAD REASONS, GOOD REASONS, FOR DOING IT RIGHT. IT DIDN'T TAKE A BIG EXCAVATOR AND UPROOTED THREE STONES WITH THE ROOTS OF THE TREE. SO TO ASK A MORE ABSTRACT QUESTION.
WHO OWNS THE BODIES IN THE CEMETERY? THE RELATIVES. STATE OF MARYLAND.
STATE OF MARYLAND THOUGHT IT WAS THE RELATIVES BURIED IN THE CEMETERY.
THEY BELONG TO THE STATE OF MARYLAND. EVEN.
EVEN IF IT'S IN A PRIVATE, A CHURCHYARD OR A JUNIOR.
IF YOU WANT. IF YOU WANT TO MOVE THAT PERSON, YOU GOT TO GET PERMISSION FROM THE STATE TO MOVE THEM. YEAH. AND YOU CAN IF YOU.
IF YOU WANT TO MOVE YOUR. WHAT THEY WANT IS THE STATE'S ATTORNEY TO CLEAR EVERYBODY WHO HAS AN INTEREST IN THAT PERSON BEING BURIED.
MAKE SURE IT'S NOT GOING TO GO TO COURT BECAUSE YOU CAN IF LET'S SAY YOU'RE LET'S LET'S SAY YOU A MEMBER OF YOUR FAMILY DIED AND THEY HAD A FRIEND THAT YOU REALLY DIDN'T LIKE, SO I'M GOING TO MOVE THEM WHERE THEY CAN'T GET TO THEM.
YOU CAN'T DO THAT, RIGHT? BECAUSE THE STATE OF MARYLAND IS A SIMPLE THING TO DO.
BUT THE STATE OF MARYLAND CAN SAY, NO, WE'RE GOING TO END UP IN COURT. WE DON'T WANT TO END UP IN COURT. IT'S EXPENSIVE.
WE DON'T WANT TO DO THAT. SO THAT'S IT.
SO EVEN EVEN IF IT'S ASHES THAT YOU KEEP, YOU CAN YOU CAN KEEP THEM UNDER YOUR BED.
YOU CAN KEEP THEM YOUR CLOSET. YOU CAN KEEP THEM ON YOUR MANTEL. BUT ONCE YOU PLACE THEM TO THE CEMETERY, AS LONG AS THEY STAY THERE.
NOW, WHETHER IT'S IN YOUR BACKYARD OR NOT, THAT'S ANOTHER STORY.
I CAN'T TELL YOU WHERE SOMEBODY PUTS A BOAT OVER THEM.
IT JUST DEPENDS IF THEY KNOW YOU GOT SOMEBODY BURIED IN YOUR YARD.
THAT'S REALLY FASCINATING. THAT'S WHERE THE KNOWING COME IN.
YEAH. I THINK THERE'S A DISTINCTION BETWEEN OWNERSHIP AND WHO HAS THE AUTHORITY TO DETERMINE THE DISPOSITION OF THE REMAINS, BUT NOT TO.
BUT THAT'S A DIFFERENT THAT'S A DIFFERENT THING. THE AUTHORITY FOR DISPOSITION REALLY BELONGS TO THE LINEAGE.
WELL, THE DECEDENT INITIALLY SAYS HOW THEY WANT TO BE BURIED AND THEN THEIR NEXT OF KIN TO THE EXTENT THAT. RIGHT.
BUT THERE'S A CERTAIN LINEAGE ON THAT.
IT'S REALLY IMPORTANT TO THE STATE OF MARYLAND.
YEAH. SO IN OTHER WORDS, IF I, IF I WERE TO DIE AND I HAVE IN MY WILL, MY WIFE IS GOING TO BE MY PERSONAL REPRESENTATIVE.
AND LET'S SAY WE BOTH DIED YOUNG AND I HAVEN'T SET UP.
YEAH. THEN THERE'S GOING TO BE THERE'S GOT TO LOOK AT.
AND I GUESS IT GOES TO MY OLDEST SON AND THE SECOND AND THIRD.
BROTHERS AND I AND I SHOULD BE ABLE TO QUOTE IT TO YOU EXACTLY WHAT THE STATE OF MARYLAND SAID. I THINK WE'RE REFERRING TO IS INTESTATE SUCCESSION.
TO THE EXTENT THAT YOU DON'T HAVE A WILL, THE STATE HAS LISTED IN PRIORITY WHO'S FIRST, WHO'S SECOND THROUGH 12TH.
YOU RUN INTO A PROBLEM WHERE FIRST REPRESENTATIVES NAMED MEMBERS OF THE FAMILY
[01:00:07]
DOESN'T WANT THAT. YOU END UP IN COURT.YOU CAN AFFORD IT. I SPENT 20 YEARS LITIGATING THOSE CASES.
YES. YOU DO. YEAH. SO, JEFF, I DON'T KNOW WHETHER WE ANSWERED YOUR QUESTION. WELL, I THINK THE QUESTION IS WHAT? WEEDING, CLEANUP OF CEMETERIES ALLOWED BY LAW.
AND THERE'S VERY LITTLE LAW ON IT.
AND WHAT THERE IS, IS PROBABLY LESS THAN CRYSTAL CLEAR.
AND AS USUAL, SUBJECT TO INTERPRETATION.
AND SO DID YOU FIND WHEN THAT LAW WAS ESTABLISHED, WHATEVER THE RIGHT TERMINOLOGY IS ADDED BY THE ACTS OF 2002.
SO THIS CRIMINAL LAW SECTION WAS FIRST ENACTED IN 2002.
IT IS SUBSEQUENTLY BEEN AMENDED HALF A DOZEN TIMES, MOST RECENTLY IN 2008.
SO PRIOR TO 2002, THERE WAS NOTHING ON EATING TREES, ANY OF THAT. THERE MAY HAVE BEEN.
THERE MAY HAVE. AND I'M LOOKING THROUGH THE LEGISLATIVE HISTORY AS WE SIT HERE ON THE FLY. THE LANGUAGE IS DERIVED WITHOUT SUBSTANTIVE CHANGE FROM FORMER ARTICLE 27.
SO THERE WAS I WOULD SUSPECT THAT THERE'S PROBABLY BEEN SOMETHING ON THE BOOKS ALONG THESE LINES FOR A LONG TIME.
IT'S JUST GONE THROUGH DIFFERENT ITERATIONS OF MARYLAND. THAT'S WHERE I'M GETTING TO. SO IT WAS PROBABLY DONE. OKAY, SO WHAT'S THE OLDEST CEMETERY THAT ANY OF US KNOW ABOUT THAT'S IN THIS COUNTY? START TIME. YEAH. OH, 1856 PRESTON.
OH, NO. THERE'S SOME EARLIER THAN BY GREENSBORO HOTEL.
OKAY, SO EVEN THOUGH IT'S TWO, SAY, 200 YEARS, 1850, 675, BUT THE SLATE WAS 200 YEARS.
BUT THAT WAS DONE 100 YEARS AGO. THERE WEREN'T MANY TREES BECAUSE PEOPLE MAINTAINED THESE THINGS. SO THE TREE ISSUE HAS JUST HAPPENED IN THE LAST PROBABLY 50 OR 60 YEARS, AND IT HASN'T BEEN ADDRESSED SINCE.
THE TREE ISSUE REALLY HAS BECOME AN ISSUE.
THAT'S TO ME, THAT'S WHAT THE THAT'S WHAT THE PROBLEM IS.
NOBODY THOUGHT ABOUT THESE THINGS WHEN THEY WERE WRITING THIS, RIGHT 100 YEARS AGO BECAUSE IT WASN'T THEY DIDN'T FORESEE WHAT'S HAPPENING. BUT SO NOW WE HAVE THE CONCERN OF, YOU KNOW, WE'RE TREES GOING TO START UPROOTING IN THE MIDDLE OF FARM FIELDS BECAUSE THEY'RE STANDING THERE BY THEMSELVES IN THIS OLD CEMETERY, AND WE GET A TORNADO, AND THEN UP POPS FOUR CASKETS BECAUSE WE DIDN'T MAINTAIN THE THING.
WE'RE AND I HAVEN'T READ THE RECOMMENDATIONS.
KATHERINE'S GOING TO GIVE ME A COPY OF THAT. OR ACTUALLY THEY TRIED TO EMAIL TO ME.
WE HAVE TO DO THAT AGAIN. BUT DOES THE GUIDELINES, DOES IT TALK ABOUT TREES.
SO IT TALKS ABOUT THEM IN THE IN THE TERMINOLOGY THAT I WAS REFERRING TO WAS HEIRLOOM PLANTINGS, LIKE PLANTINGS THAT ARE INTENTIONALLY IN THE CEMETERY, EITHER WITH A SPECIFIC BURIAL OR THAT WERE PART OF THE CEMETERY.
IT MIGHT HAVE A HEDGEROW OF BUSHES, OR MIGHT HAVE AZALEAS IN THE FRONT TO LOOK PRETTY IN THE SPRING OR WHATEVER.
BUT OTHER STUFF THAT'S COMING IN THAT'S CONSIDERED, IN YOUR TERMINOLOGY, THOSE WEEDS, IT'S WEED TREES, YOU KNOW, YOU GOT GUM, GUM BALLS GET THROWN IN THERE, AND OR PEOPLE BRING IN CHRISTMAS WREATHS THAT HAVE PINE CONES ON THEM.
NEXT THING YOU KNOW, YOU'VE GOT PINE TREES SPROUTING UP IN YOUR CEMETERY FROM A CHRISTMAS WREATH THAT WAS NEVER INTENDED TO BE THERE.
AND NOW IT'S PUSHING A TOMBSTONE OVER.
SO THOSE MOST CEMETERY PRESERVATION PEOPLE CONSIDER THOSE TO BE NOXIOUS GROWTHS.
BUT WHAT I'M GETTING AT IS, OKAY, ONCE YOU DECIDE THAT NOW THAT WE'VE ALL DECIDED THAT THIS, THESE, THESE SIX PINE TREES GOT THERE BECAUSE OF THIS CHRISTMAS WREATH, WHAT DO WE DO WITH THE PINE TREE? THE GUIDELINES SAID WHAT WE DO WITH WE DON'T.
WE PUT CHLORINE ON THE STONE, BUT WE'RE NOT SUPPOSED TO DO THAT. BUT THEY TALK ABOUT HOW TO CLEAN STONES. BUT DO THEY TALK ABOUT, DO THEY SAY CUT IT WITH A CHAINSAW OR REMOVE IT FROM THE TOP DOWN? DOESN'T SAY. IT DOESN'T SAY NECESSARILY HOW TO GET RID OF A SPECIFIC TREE, BUT SAYS YOU CAN JUST GET RID OF THEM. WELL, THAT'S THE PART THAT WE NEED TO BE ABLE TO TELL PEOPLE, DON'T TAKE AN EXCAVATOR OUT THERE AND YANK THE THING UP.
OR DO WE? DO WE KILL IT AND LET IT DIE NATURALLY WITH HERBICIDES SO THAT IT'S NOT UPROOTING AND THE ROOTS ARE JUST GRADUALLY DECOMPOSING AROUND THE CASKET? OR DO WE? WE DON'T WANT TO DIG IT OUT WITH AN EXCAVATOR, DO WE? CUT IT OFF WITH A CHAINSAW. BUT THEN WE GOT THE RISK OF WHERE'S THE LOG FALL? AND IS IT DAMAGED STUFF, OR DO WE PAY A DO I PAY A TREE COMPANY TO COME IN FROM THE TOP DOWN? TAKE TAKE OUT THIS TREE THAT'S IN MY CEMETERY. TRIM IT DOWN TO THE STUMP.
THAT'S WHAT THAT'S. SO THAT WAY YOU DON'T VIOLATE THE STATE LAW.
YOU'RE JUST YOU'RE GOING TO BE THROWN IN PRISON FOR DOING IT. NO.
YOU KNOW, YOU JUST KEEP YOU JUST TRIM IT.
YOU JUST KEEP TRIMMING IT DOWN. I'M NOT GOING TO BE. I MEAN, IT'S STILL CONSIDERED A TREE.
IT'S GOING TO BE DEAD. BUT ANYWAY. BUT IF WHETHER IT'S STILL CONSIDERED A TREE OR WHETHER IT'S DEAD OR NOT DEAD.
SO THESE GUIDELINES THAT WE'RE TALKING ABOUT ADOPTING, I WAS ASSUMING IT WAS GOING TO TELL ME HOW TO TAKE THIS TREE AND TELL ME HOW TO CLEAN UP A CHAIN LINK FENCE, HOW TO PUT HOW TO PUT A BROKEN.
I MEAN, I'VE TRIED TO PUT BROKEN STONES BACK TO GET HEADSTONES BACK TOGETHER AND I JUST KNOW CONCRETE. YEAH. THAT'S A VERY.
YEAH. CONCRETE'S ACTUALLY NOT RECOMMENDED, BUT NO CONCRETE CAULKING.
[01:05:01]
OH, I KNOW WHAT YOU MEAN.CAULKING BETWEEN THE TWO STONES TOGETHER AND PUT A PIECE OF STEEL. BUT ANYWAY, I THOUGHT THAT THAT WOULD GIVE US RECOMMENDATIONS ON HOW TO REMOVE A TREE.
THAT'S NOT. NO, IT'S NOT GOING TO NECESSARILY TELL YOU ALL THE HOW TO FOR EVERY LITTLE THING THAT TALKS GENERALLY ABOUT TAKING CARE OF THE CEMETERY.
IT'S THE CHALLENGE. I THINK THE CHALLENGE IS ACTUALLY HAVING A CEMETERY BECAUSE IT'S A PRETTY THANKLESS. YOU DON'T OWN THE PEOPLE IN IT.
NOT THAT YOU'D WANT TO NECESSARILY. YOU CAN'T ACTUALLY DO ANYTHING TO MAINTAIN IT UNDER THE LAW, SO I'M NOT SURE. I MEAN, IT TALKS ABOUT BURROWING ANIMALS.
I MEAN, IF YOU'VE EVER BEEN OUT TO SOME OF THESE OLD FAMILY CEMETERIES, YOU GET GROUNDHOGS, GROUNDHOGS DIGGING INTO THE CEMETERIES UNDERNEATH THE STONES, CAUSING THE STONES TO FALL OVER.
AND IT BASICALLY SAYS, JUST GET A HOLD OF A PEST COMPANY.
NO PEST REMOVAL COMPANY, AND THEY'LL TAKE CARE OF THE PROBLEM FOR YOU.
DOESN'T SAY THEY'RE GOING TO KILL IT. THEY JUST, YOU KNOW, GET A PROFESSIONAL, PUT IT OUT FOR ADOPTION. BEARS WORK ON GROUNDHOGS.
BUT I MEAN, MOST OF THE THINGS THEY'LL TALK ABOUT IN HERE ARE THINGS THAT, YOU KNOW, CONSERVING AND PRESERVING IT AND TALKS ABOUT IF YOU'RE CONCERNED ABOUT IT, GET A PROFESSIONAL THAT DEALS WITH THIS KIND OF VEGETATION OR THIS, BECAUSE THEY'RE NOT GOING TO TRY TO TELL YOU ALL THE HOW TO'S ABOUT EVERY LITTLE.
WELL, I THINK THE KEY WORD THAT YOU SAID IN THE LAW WAS REASONABLE.
AND I KNOW IT'S A BROAD BRUSH TO PAINT IT WITH.
BUT THERE'S A STANDARD REASONABLE.
AND IF YOU'RE NOT REASONABLE, WHAT YOU DID I SAID BEFORE, IF IT'S NOT PRUDENT, IT'S NOT.
IF I GO OUT THERE AND I PULL UP SOMEBODY'S AZALEA BUSH, THEY'RE GOING TO LET ME KNOW PRETTY QUICKLY. SURE.
SO IT'S NOT REASONABLE THAT YOU DO THAT.
SO IS IT IS IT REASONABLE? NO, THAT WOULDN'T BE. BUT WOULD IT BE REASONABLE FOR ME TO GO POISON IVY? YEAH. I THINK THE THORNIER ISSUE, THOUGH, IF YOU'LL FORGIVE THE PUN, IS IS LEGACY THINGS. SO IN IN MY SITUATION, I'M DEALING WITH 100 YEAR OLD VEGETATION THAT YOU COULDN'T POSSIBLY DETERMINE WHETHER THE AZALEA TREE WAS PLANTED BY THE FAMILY OR WHETHER IT JUST LANDED THERE.
I MEAN SO OR ALTERNATIVELY, THESE, THESE LITTLE BABY TREES THAT WERE PLANTED FOR THE LOVED ONE, MAYBE.
BUT NOW THEY'RE GIGANTIC TREES THAT ARE ALL UP IN EVERYBODY'S WAY AND THEY'RE INCLUDING, YOU KNOW, YOUR ABILITY TO GET NEAR OTHER STONES AND THINGS LIKE THAT, EVEN EVEN IF THEY'RE NOT GETTING INTO THE ACTUAL GRAVES, THEY'RE JUST SORT OF ALL UP IN EVERYBODY'S WAY.
AND SO IT'S I DON'T THINK IF YOU CAN IDENTIFY WHO PLANTED THE AZALEA BUSH, THEN I THINK THAT'S ONE THING. BUT IF IF YOU'RE DEALING WITH SOMETHING THAT'S UNCLAIMED PROPERTY EFFECTIVELY WHICH APPARENTLY IS WHAT OUR CEMETERIES AND FIELDS ARE IN A WAY THEN WHAT DO YOU DO? YOU CAN'T APPARENTLY, YOU CAN'T DO ANYTHING TO IT.
AND SO I DON'T KNOW. IT'S KIND OF FRUSTRATING.
I MEAN, I THINK THE INTENT OF THE LAW IS TO PRESERVE THE BURIAL SITES, RIGHT? THE INTENT OF THE LAW IS REALLY TO MAKE SURE THE BURIAL SITES ARE PROTECTED.
I DON'T THINK THE INTENT OF THE LAW IS THAT THEY BECOME ERODED AWAY BY NOXIOUS GROWTH.
THERE SHOULD BE SOME COMMON SENSE SOMEWHERE.
BUT IT'S NOT ALWAYS TRUE IN THE WELL.
AND SO. BUT DAVID, IS BEAUTIFICATION THE SAME THING AS PROTECTION? NO. WE NEED TO BRING BACK DECORATION DAY.
WELL, I DON'T I DON'T MEAN LIKE THAT.
I MEAN BEAUTIFICATION IN A IN A I MEAN, I THINK OUR STANDARD FOR A WELL-TENDED CEMETERY IS A WELL-TENDED CEMETERY.
RIGHT. SO GRASS CUT, THE GRASS CUT.
IT'S NOT OVERGROWN TREES AND AND BUT IT SEEMS LIKE THERE IS SOME KIND OF A DISTINCTION HERE BETWEEN, BEAUTIFICATION AND PRESERVATION.
AND THAT'S THE PART THAT'S KIND OF JAMMING ME UP, BECAUSE IT SEEMS TO ME THAT THE ONE IS THE SAME AS THE OTHER.
BUT THE LAW SEEMS TO BE BIFURCATING THOSE TWO THINGS A LITTLE BIT.
YEAH. I MEAN, YOU'RE THE LAWYER.
YOU SAY SO, BUT. I THINK WHAT THE LEGISLATURE WAS TRYING TO DO WAS PRECLUDE PEOPLE FROM VANDALIZING GRAVESITES IN SOUTH AND VANDALIZING THEM IN ANY NUMBER OF WAYS, INCLUDING TEARING DOWN TREES AND SHRUBS, FENCES.
AND THEN THEY THEN THEY REALIZE, WELL, WAIT A MINUTE.
WE HAVE TO AT LEAST ALLOW PEOPLE TO TO PRUNE AND MAINTAIN TO SOME DEGREE.
SO WHERE THEY THEY ARE REACTING TO A BAD ACTION, WHICH IS THE WAY MOST LAWS ARE USUALLY MADE.
AND IN THE COURSE OF DOING SO, REALIZING THAT THERE WERE PEOPLE THAT AREN'T BAD, ACTORS THAT ARE JUST MAINTAINING THE CEMETERIES.
[01:10:01]
SO THEY SAY YOU CAN'T GO OUT AND KILL AND DESTROY, BUT YOU CAN MAINTAIN, AND THEN THEY MOVE ON TO SOMETHING ELSE AND IT SITS ON THE BOOKS FOR 20 YEARS.AND HERE WE ARE TALKING AND WE'RE STUCK WITH THIS ELIOT BUSHES.
WELL, WHO WANTS TO TABLE THIS ONE FOR NEXT TIME? KICK THE CAN DOWN THE ROAD.
SO. REALLY? I THINK IT'S GOOD THAT WE LEARN WHAT THE WALLS ARE.
WHAT HE READ IS WHAT I READ MONTHS AGO OR A YEAR AGO.
TRYING TO ASK WHAT HAPPENS WHEN ONE LAW CONTRADICTS ANOTHER LAW AND ONE SAYS YOU CAN DO IT AND ONE SAYS YOU CAN'T. BUT SO YOU YOU START DOING A GOOD JOB OF JUMPING AROUND.
ANSWERING THAT QUESTION IS A GOOD LEGAL PERSON, I APPRECIATE IT, BUT YOU KNOW WHAT? SO NOW WE KNOW WHAT THE LAW IS, BUT THERE'S NOTHING WE NEED TO DO ABOUT IT.
WE JUST KNOW WHAT IT SAYS. WELL, TO THE EXTENT THAT AT SOME POINT THERE IS GOING TO BE A RECOMMENDATION THAT YOU ARE GOING TO ADOPT, OR THAT YOU ARE GOING TO RECOMMEND THAT THE COMMISSIONERS ADOPT WITH REGARD TO PRESERVATION OF BURIAL SITES, THE UPKEEP OF BURIAL SITES, THE RECOMMENDATIONS THAT YOU FOUND.
I THINK THEY ALL TIE TOGETHER.
MR. HAMMOCK ARE THERE ANY INJUNCTIONS IN THE LAW AGAINST ALLOWING A CEMETERY TO BE OVERGROWN? IS THERE ANYTHING LIKE THAT? YES.
SO. AND TO OR TO FALL INTO DISREPAIR? OR A REGISTERED CEMETERY OR CEMETERY? PERMIT HOLDER SHALL MAINTAIN CEMETERY GROUNDS AND STRUCTURES IN A REASONABLE CONDITION.
ALL RIGHT. LET'S SEE THAT THAT DOES THAT IS WELL, AFTER ALL THESE LITTLE FAMILY CEMETERIES.
RIGHT. SO AND THAT'S WHY IT WOULD BE A REGISTERED CEMETERY OR CEMETERY PERMIT HOLDER THAT'S DIFFERENT THAN ME.
SO MR. MOORE HAS TO FOLLOW THAT.
BUT I DON'T HAVE TO. I'M NOT A CEMETERY.
OH, OKAY. SO WHOEVER OWNS THE CEMETERY.
HOO HOO! CEMETERY. AND IS THAT THE WORD? E M E T E R I A N CEMETERY? THAT'S INTERESTING. OR PERMIT HOLDER OR PERMIT HOLDER.
OKAY. SO WHO WOULD THOSE PEOPLE BE? WELL, I THOUGHT YOU MIGHT ASK.
YOU KNOW, I DIDN'T MEMORIZE COMO.
I'M HAPPY TO LOOK UP THE DEFINITION OF A SANITARIAN.
ASSUMING THAT OUR WI-FI WILL LET ME DO SO IF YOU BEAR WITH ME.
I NEVER HAVE. THAT SOUNDS LIKE ONE OF THOSE. OH, BY THE WAY, I STUMBLED OVER IT. I'VE NEVER READ IT. YEAH. NOW, SEE, FOR THE WESLEY CHURCH CEMETERY WESLEY A.M.E. CHURCH PRESERVATION GROUP IS THE REGISTERED OWNER.
AND WE ARE REGISTERED WITH THE STATE OF DELAWARE FOR THAT CEMETERY FOR CONTINUED BURIALS. NO. OKAY. AS THE AS THE PROPERTY OWNER.
SO WE ARE NOT. THE CEMETERY PREDATES ITS WELL.
SO WE'RE A RED BAND IN IN DELAWARE.
THERE'S NO FUTURE BURIALS GOING TO BE HELD.
THERE ARE PEOPLE THAT OWN PLOTS THERE THAT HAVE NOT YET PASSED.
AND THEY THOSE PEOPLE ARE ENTITLED TO BE BURIED THERE.
BUT THERE IS NO CEMETERY PREDATES WHEN THEY ACTUALLY HAD YOU HAD TO HAVE A FUND FOR PERPETUAL CARE AND ALL THAT KIND OF STUFF.
SO ALL WE DO IS WE KEEP THE GRASS CUT, KEEP THE BUILDING FROM FALLING DOWN, MAKE SURE THE PEOPLE GET IN THE RIGHT PLACE, MAKE SURE SOMEBODY DOESN'T COME, PUT SOMEBODY ON TOP OF SOMEBODY THAT THEY'RE NOT SUPPOSED TO. YOU KNOW, THAT'S WHAT WE DO. BUT THAT'S UNDER DELAWARE LAW, NOT MARYLAND LAW. SO. SO THE QUESTION IS REGISTERED WITH THE STATE OF MARYLAND.
SHE SHE HAS A FORM THAT SHE HAS TO FILL OUT EVERY YEAR, SEND IT IN THE STATE OF MARYLAND.
SO AGAIN, YOU CAN TELL BY THE WAY I PREFACE IT.
A REGISTERED CEMETERY OR CEMETERY PERMIT HOLDER.
SO THERE ARE TWO DIFFERENT. IT SAYS OR SUGGEST THERE ARE TWO DIFFERENT.
THERE IS NO DEFINITION FOR A CEMETERY, BUT THERE IS A DEFINITION FOR A CEMETERY PERMIT HOLDER. SO CLEAR AS MUD PUDDLE AS MY DAD WOULD HAVE SAID.
AND IS THERE A LIST OF CEMETERY PERMIT HOLDERS? WHERE WOULD YOU GO TO GET THAT? I THE REGULATIONS ARE, I BELIEVE, UNDER ODDLY, THE DEPARTMENT OF LAWS.
WHAT? WELL, IT MAKES SENSE BECAUSE THE DEPARTMENT OF LABOR'S GOING TO PERMIT.
WHO CAN HOLD UP THERE? IF YOU CAN POSSIBLY EVER GET HER ON THE PHONE TO TELL YOU, YOU HAVE TO LEAVE A MESSAGE FOR THAT'S WHATEVER CEMETERY PERMITS,
[01:15:03]
ELEVATOR INSPECTIONS. AND I JUST LOOKED THIS UP.AND FOR WHAT IT'S WORTH, A CEMETERY IN REFERS TO A CEMETERY SUPERINTENDENT OR SOMEONE WHO WORKS IN A CEMETERY RESPONSIBLE FOR GRAVE OPENINGS, CLOSINGS, AND SETTING UP FOR SERVICES.
THE TERM CAN ALSO DESCRIBE AN INDIVIDUAL PASSIONATE ABOUT CEMETERY HISTORY, BUT THAT WOULD BE MOST OF US IN PRESERVATION, SUCH AS A VOLUNTEER. SO BUT I WOULD SAY THE FIRST PART MORE ABOUT THE THE OPENINGS AND CLOSINGS OF THE GRAVES.
AND SO SO, ERIC, IF I THINK BACK TO YOUR QUESTION, AS A PROPERTY OWNER THAT HAS A CEMETERY ON IT, THERE'S NOTHING THAT SAYS THAT I CAN'T JUST LET IT GROW UP IN.
WHATEVER HAPPENS IS WHAT IT SOUNDS LIKE TO ME.
I WOULD SAY YOU'RE CORRECT. I CAN LET TREES GROW THERE. I CAN LET WEEDS GROW THERE. I CAN LET THE GROUNDHOGS KEEP LIVING WITH THE PEOPLE AND THE AZALEA BUSHES.
WELL, MINE'S ROSES. IT'S NOT AZALEA VERSUS ROSES.
THE GARDEN OF ROSES. YOU MIGHT BE GETTING ON A LITTLE THIN ICE WHEN YOU'RE TALKING ABOUT DISTURBING AND LETTING GROUNDHOGS DISTURB A STATE OF MARYLAND.
THE STATE OF MARYLAND IS THE ONE THAT CONTROLS WILDLIFE. I HAVE NO CONTROL OVER DNR CALLED DNR. THEY WON'T LET THEY OWN THEM. THEY WON'T LET ME DO ANYTHING WITH IT. WE HAVE A SOLUTION ON MY FARM.
IT'S THE STATE OF MARYLAND. NO, BUT I'M SAYING IF YOU'RE WILLINGLY ALLOWING A GROUNDHOG TO DIG UP A GRAVE AND HUMAN BONES ARE COMING OUT, THAT CROSSES INTO ANOTHER AREA, BECAUSE THEN YOU'RE VIOLATING COMMANDS.
THE GROUNDHOG IS. YEAH, BUT YOU YOU, KNOWING IT, DO NOTHING ABOUT IT. BECAUSE YOU DON'T KNOW.
BECAUSE YOU NEVER VISITED. YOU DON'T KNOW. I DON'T WALK OUT THERE IN THAT FIELD. TICKS AND CHIGGERS. BEEN THERE, DONE THAT THIS YEAR.
SORRY, JEFF. DO WE HAVE ANY OTHER BUSINESS? THAT'S WELL DONE. AT THIS POINT, CAN WE HEAR A MOTION TO GET OUT OF HERE? WELL, ACTUALLY, I JUST WANT TO MAKE SURE EVERYONE RECEIVED THE NEW SCHEDULE.
YEAH, BECAUSE THE JUNE MEETING I HAD SCHEDULED.
BUT THE ELECTION BOARD HAS TRUMPED ME.
DO YOU MIND EMAILING THIS TO HEATHER? SURE. SURE. THANK YOU.
OKAY. CAN I HAVE A MOTION OF ADJOURNMENT? SURE. I'LL MAKE A MOTION TO ADJOURN THE MEETING.
ALL IN FAVOR? AYE. EVERYONE, PLEASE BE CAREFUL GOING HOME.
I HOPE YOU HAVE A HAPPY THANKSGIVING.
[Adjournment]
AND THAT IS DECEMBER THE 15TH.IT'LL BE THAT LONG. YEARS GONE QUICKLY.
THANK EACH AND EVERY ONE OF YOU FOR COMING.
YOU CAN HAVE IT. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.