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Council debates cemetery maintenance of privately owned sites and tables decision pending legal review and community input

3845839 · June 17, 2025
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Summary

Public works recommended reallocating a private-cemetery maintenance contract to priority public corridors; council members questioned maintaining private property with public funds, cited legal limits, and tabled the item for further direction and analysis.

Public Works presented options for cemetery maintenance on June 16, noting the city currently contracts landscape services that also cover two privately owned cemeteries (Conley Road and Elam Church Road) and one city-owned site. The contract with Worldscape LLC had approximately three months remaining and about $11,850 in remaining contract funds across the three sites.

Public Works recommended reallocating Worldscape's remaining services to high-visibility corridors (Jonesboro Road, Old Dixie Highway, Forest Parkway) if the council did not want to continue maintaining private cemetery sites. Council members raised legal and policy concerns about using public funds to maintain private property. City counsel said providing ongoing maintenance to private cemeteries could constitute a gratuity unless a substantial benefit to the city were clearly documented; staff and council discussed whether the sites had historical value or active burial activity and whether descendants or local groups might assume stewardship.

Several council members expressed reluctance to continue using public contract resources for privately owned cemeteries without a clear legal basis or a sustainable stewardship plan. The council voted to table the item to allow staff to research legal options, ownership history, historical registry possibilities and to explore community-based volunteer or nonprofit stewardship as alternatives.

Staff committed to returning with background on ownership, historical significance, any prior agreements, and options for a lawful approach to continued maintenance or transfer of stewardship.