Historic cemetery dispute continues to simmer

By Ed Richter, Staff Writer 9:15 PM Monday, October 26, 2009

The dispute between the city and a group of residents who have been taking care of the Historic Middletown Cemetery is getting worse, since the city pulled out several flower beds and replaced them with grass.

Earlier this month, city crews took out nearly $5,000 in plants that were reportedly overgrown. Some of the flower bulbs were transplanted at other city parks, according to David Duritsch, city public works and utilities director.

He said the city has limited funds to maintain the cemetery and chose to plant grass for easier maintenance, rather than maintaining the flower beds.

Last week, Middletown City Council members heard complaints from several residents concerned about the cemetery and its upkeep. The First Avenue cemetery is the final resting place for 7,000 people, including many of the city’s founding families and industrialists and more than 230 military veterans of the Revolutionary through the Vietnam wars.

Don Thompson questioned the actions of the Public Works Department, calling it “simply deplorable and, in my view, unprofessional and unethical.”

“In my view, the city leadership should be ashamed — ashamed of their allowing the cemetery vault building to be ready to fall down, allowing gravestones to be loosened, broken and tossed around just so lawn-mowers can mow at 30 mph, unilaterally destroying flower beds that volunteers provided to enhance cemetery grounds, and ignoring their responsibility for proper cemetery management,” Thompson said.

Thompson challenged city officials to remedy the situation before Memorial Day in May 2010.

Another resident whose husband is buried there, Marjorie Root Anderson of Woodburn Avenue, called the cemetery “an absolute disgrace.”

She said an Veterans Affairs marker for her husband’s grave was ordered, but was placed on the wrong grave.

Anderson also said “the vault is the focal point (of the cemetery) and should not be bulldozed as requested by the mayor or city manager.”

“Where did you find the time to destroy this (to pull out the flower beds,” she asked.

Duritsch said was no reason for city crews to be touching gravestones.

Last spring, lead cemetery volunteer Vivian Moon, complained to council about the cemetery’s maintenance and eventually filed a complaint with the Ohio Cemetery Dispute Resolution Commission.

A hearing was slated for September, but was rescheduled at the city’s request. The hearing is now scheduled for Dec. 17 in Columbus.

Because the issue is in litigation before that commission, the city law department has advised council members and city employees against talking with Moon or making public comments on the issue.

City officials are making an effort to reach out to Moon to try to resolve the matter.

City Manager Judy Gilleland sent Moon an email last Friday seeking a mediation meeting with her and several others to discuss the matter.

Last Friday, Moon said she would be contacting other cemetery volunteers first before getting back with Gilleland.

I think we all know what it means when the city reaches out!