§ 24.11. Cemetery preservation committee.

(a)

Purpose. The board of commissioners hereby declare it to be the purpose and intent of this division to establish a committee for the purpose of providing a uniform procedure for the identification, preservation, protection, and maintenance of cemeteries, graveyards, and burying grounds, in accordance with the provisions of this article.

(b)

Created; appointment of members; general powers. The title of the committee established by this article shall be the Cherokee County Cemetery Preservation Committee. The board of commissioners, one appointment per commissioner shall appoint committee members, and shall have the powers and authority as designated by this article or as directed by the board of commissioners. All committee members shall be subject to any and all codes of ethics which may apply to the board of commissioners.

(c)

Position within county government. The CCCPC shall be considered a part of the planning and land use function of the county.

(d)

Composition; terms and compensation of members. The CCCPC shall consist of five members appointed by the board of commissioners, who shall be residents of the county who have demonstrated special interest in the identification, preservation, and maintenance of county cemeteries and graveyards. Each member of the board of commissioners shall be entitled to appoint one member to the committee. The term of each member shall run concurrently with and at the pleasure of the appointing commissioner's term of office and until a successor is appointed and qualified. If an appointing commissioner is no longer in office due to a general election or a special election in which more than one year remains in that commissioner's term, any member appointed by that commissioner shall be subject to removal with or without cause and without regard to any unexpired term of the newly elected commissioner filling such seat. The newly elected commissioner shall have the right to appoint a new member to the committee under the same requirements as his/her predecessor as set forth in this section. Members do not receive a salary, although they may be reimbursed for expenses if such expenses are approved by the board of commissioners.

(e)

Powers enumerated.

(1)

The cemetery preservation committee shall be authorized to:

a.

Formulate a countywide cemetery preservation plan that shall include but not be limited to:

1.

Determine the identification and location of all known cemeteries in the county.

2.

Determine the status and needs of each cemetery and prioritize rehabilitation.

3.

Establish and publish guidelines regarding cemetery preservation, maintenance, landscaping, security, development, and other information.

4.

Establish procedures within the county planning and zoning department and with the county coroner regarding the review of zoning and variance applications involving cemeteries or property immediately adjacent to cemeteries; provide recommendations to the planning commission, Cherokee County Cemetery Preservation Committee, and board of commissioners on all zoning and variance applications within the purview of this article; and assist the development and inspections department regarding the enforcement of all such stipulations and conditions.

(2)

Recommend to the board of commissioners specific cemeteries and graveyards that have been determined to be abandoned or not maintained and should be acquired by the county under O.C.G.A. § 36-1-23.

(3)

Provide for the preservation and maintenance of those cemeteries that have been placed under jurisdiction of the county and; on an as needed basis, private or family cemeteries that do not have the financial ability to properly maintain a cemetery if such funds are approved by the board of commissioners.

(4)

Conduct educational program regarding cemetery preservation as a means of increasing public awareness and support.

(5)

Assist in legal research and legal action, as required, regarding cemetery relocation, maintenance, and security measures as defined by state statute or county ordinance.

(6)

Establish appropriate and necessary liaisons and contacts with other appropriate boards, commissions, departments, organizations, and municipalities within the county.

(7)

Provide guidance and suggestions to the board of commissioners relative to ordinances dealing with cemeteries.

(8)

Provide guidance and suggestions to the state legislature regarding changes and updates to the state code relative to cemetery preservation.

(9)

The cemetery preservation committee shall not financially obligate the county in any manner without the prior approval of the board of commissioners.

(f)

Rules of procedure. The cemetery preservation committee shall adopt rules for the transaction of its business, officers and their election and duties, provisions for the time and place for regular meetings, and for the calling of special meetings. The committee shall have the flexibility to adopt rules of procedure without amendments to this article. A quorum shall consist of a majority of its members. Robert's Rules of Order shall determine the order of business at all times.

(g)

Funding. The cemetery preservation committee shall have the authority to accept donations in addition to county appropriated funds if the board of commissioners approves such funds.

(h)

Records; meetings. A public record shall be kept of the cemetery preservation committee's resolutions, proceedings and actions. All meetings of the committee shall be open to the public.

(Ord. No. 2012-Z-002, Att., 7-24-12)