February 1, 2021 - Welty Cemetery

Council of the Whole
Welty Cemetery
February 1, 2021
6:30 P.M.





Chuck Hawk, Mayor

Dale Fox, Council Member                           Tom Hilliard, Council Member

Brett Long, Council Member                       Sydney Radich, Council Member              

Mike Schwab, Council Member                 



Kris King, Clerk-Treasurer                             Michael Miller, Village Administrator

John Anthony, Village Solicitor   



Mayor Hawk turned the meeting over to Solicitor Anthony to cover where the Village is with the acquisition of Welty Cemetery.


Solicitor Anthony has contacted American Title to perform the Title Search and for some of the documents.  He stated this isn’t complicated and will probably be completed by the end of the month along with the ODNR paperwork.  He stated that the Mayor will appoint a Cemetery Board of three members.  The ORC gives the board a great deal of power, basically the same as a city Director of Services.  Solicitor Anthony stated that the Village will have Police powers for the cemetery and the bylaws and regulations are like our ordinances.  If there is no board then the legislative authority would take charge.


Once the title is transferred, there is not a great deal of legislation required of Village Council.  The Board will make the rules and policies.  Councilman Hilliard asked if this was already a done deal.  Solicitor Anthony replied that it is already in the Mayor’s court.  Councilman Hilliard asked if there was any compensation for the board members and Solicitor Anthony stated the Board serves without compensation.  The Mayor asked for any volunteers and Councilman Schwab volunteered.  Buzz Belloni would also like to be on the Board.  Kevin Bratcher will continue to serve as the sexton, he will be compensated from the fees associated with opening and closing the graves.  Asst. Clerk Nancy Bucher will be keeping track of the contracts and collections and report to Clerk-Treasurer Kris King.  We will use the same digger.  There will be some paperwork that will be required for the Department of Commerce that oversees cemeteries.


Council has some authority in that the Board must follow the ordinances of the Village.  The trustees are the managing staff reporting the quarterly expenses and revenues.  Very little legislation will be required.


At this point, after the closing, the Village will own the cemetery.  A Board will be established and continue operating as it has until a change is needed.  Mayor Hawk explained the importance of the sexton and the importance of having someone as compassionate as Mrs. Bucher to help explain the prices and such.  Councilman Schwab asked who sets the fees, it was stated the Board would set the fees.  Mayor Hawk stated that prices are established to be within our peer group, and they are a little low right now.  Council can pass legislation.  There are two meetings a year.  Councilwoman Radich volunteered to be the last member of Board.  The Mayor will be the liaison and work with the Sexton.


The following are the resources provided by Solicitor Anthony:


759.0 3 Powers of legislative authority as to cemeteries


The legislative authority of a municipal corporation owning a public burial ground or cemetery, whether within or without the municipal corporation, may pass and provide for the enforcement of ordinances necessary to carry into effect sections 759.02 to 759.48, inclusive, of the Revised Code, and may regulate such public burial grounds and cemeteries, the improvement thereof, the burial of the dead therein, define the tenure and conditions on which lots therein shall be held, and protect such burial grounds and cemeteries and all fixtures thereon.

759.02to 759.48

59.09 Duties of director of public service


The director of public service shall take possession and charge, and have the entire management, control, and regulation of public burial grounds and cemeteries located in or belonging to the city, subject to its ordinances. The director may direct the laying of such grounds out into lots, avenues, walks, and paths, or other subdivisions, which lots shall be numbered and the avenues named. A plat thereof shall be made so as to exhibit a fair and distinct outline of the grounds, and such plat shall be kept in the office of the auditor of the city for the use of the public.

The director shall direct all the improvements and embellishments of such grounds and lots, protect and preserve them, and, subject to the approval of the legislative authority of the city, appoint necessary superintendents, employees, and agents, and shall determine their term of office and the amount of their compensation.


59.11 Bylaws and regulations


The director of public service may make bylaws and regulations, not inconsistent with the ordinances of the city and the constitution and laws of this state, for the management and protection of the burial grounds and cemeteries under his control, and for the burial of the dead therein, and they shall have the same validity as the ordinances of the city. The director shall perform such other duties pertaining to the office as the legislative authority by ordinance prescribes.


On the first Monday of January each year, or as soon thereafter as is practicable, the director of public service shall report in writing to the legislative authority of the city the number of cemetery lots sold, to whom sold, and the amount received therefor, during the year preceding, and a detailed statement of the expenditures during the same period, showing the time and purpose of each payment and to whom made.

Such report shall contain a pertinent statement as to whether any funds on hand are invested, the character of the securities therefor, and such other matters as the director deems expedient or the legislative authority requires.

The director shall report quarterly to the legislative authority all the moneys received and disbursed by him in the management of the cemetery.


The mayor of a village owning a public burial ground or cemetery may appoint a board to be known as the board of cemetery trustees. Such board shall consist of three members, whose term of office shall be three years, but the term of office of the members first appointed shall extend until the first municipal election thereafter, and until the officers chosen at such election are qualified and placed in office. Thereafter the mayor shall appoint a board of three trustees as follows: One for a term of six years, one for a term of four years, and one for a term of two years. Biennially thereafter, after each municipal election has been held and the newly elected officers have been qualified and placed in office, the mayor shall at the first meeting of the legislative authority of such village appoint one member to the board whose term of office shall be for six years.


The board of cemetery trustees shall have the powers and perform the duties prescribed by sections 759.09 to 759.18, inclusive, of the Revised Code, for the director of public service in cities.


Meeting adjourned at 6:53 pm



Kris King, Clerk-Treasurer