CCR2019030-Cemetery
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #030-2019
RESOLUTION REGARDING CONTINUED MAINTENANCE
OF LUTHER PARKER CEMETERY
WHEREAS, On or about September 16, 2016, The Sons of Union Veterans of the Civil
War, Department of Wisconsin, Colonel Hans C. Heg Camp #15, a voluntary fraternal
association active in the State of Wisconsin (hereinafter, “The Sons of Union”), notified
the City that, in their opinion, Luther Parker Cemetery was not being managed and
maintained by the City in a manner as provided by the Wisconsin State Statutes; and
WHEREAS, Despite offers made by the City to address some of The Sons of Union’s
concerns as they related to the Civil War Veterans’ grave markers, The Sons of Union
filed a lawsuit against the City on April 10, 2017 claiming that the City was not taking
proper and decent care of the cemetery in accordance with Wisconsin State Statutes;
and
WHEREAS, After approximately one year and eight months of litigation, on or about
November 30, 2018, the court ruled in favor of the City of Muskego indicating that the
duty to provide “proper and decent care” of a city-owned cemetery under the Wisconsin
State Statutes is discretionary and not ministerial in nature such that the City is entitled
to immunity from suit pursuant to the Wisconsin Municipal Claims Statute; that as a
result the City has sole discretion to manage Luther Parker Cemetery in any manner
that it sees fit; and
WHEREAS, On December 11, 2018, in Closed Session, the Common Council was
informed of the outcome of the lawsuit and instructed City staff to continue to prepare
the area around the Civil War Veterans’ gravestones in a manner that it has done since
2016 for observance of a yearly Memorial Day service held by The Sons of Union; and
WHEREAS, Despite the court’s ruling, on or about March 19, 2019, The Sons of Union
sent a letter to the City requesting that they be allowed to replace a headstone for
Veteran Jonathan Smiley; The Sons of Union are also requesting at this time for
permission to trim around the vegetation and clean headstones by using a D2 biological
cleaner, of apparent distant relatives of the Gerald Drought Family; and
WHEREAS, In Gerald Drought’s deposition taken on October 20, 2017, he was
unaware of how many of his relatives were buried in the Luther Parker Cemetery, had
only been at the Cemetery four or five times in the last twenty years and prior to the
lawsuit referenced herein, never expressed an objection or complaint to the City or The
Sons of Union as to how the cemetery was maintained; and
WHEREAS, The plant community at Luther Parker Cemetery is a documented mesic
(medium moisture) prairie remnant; and
Resolution #030-2019
WHEREAS, Original mesic prairies are exceedingly rare in Wisconsin and according to
Wisconsin DNR less than 100 acres of over 800,000 original acres of mesic prairie
remain; and
WHEREAS, The site is recognized as a Natural Area of local significance in the
Southeastern Wisconsin Regional Planning Commission (SEWRPC) Planning Report
No. 42, Natural Areas and Critical Species Habitat Protection and Management Plan for
the Southeastern Wisconsin Region; and
WHEREAS, The above-stated SEWRPC Planning Document recommends preservation
of the Luther Parker Cemetery mesic prairie; and
WHEREAS, SEWRPC re-emphasized its plan recommendations for preservation of the
mesic prairie vegetation in a letter from Executive Director Kenneth Yunker to the City of
Muskego dated May 31, 2016; and
WHEREAS, The City’s Comprehensive Plan and attendant Parks and Conservation
Plan document also call for the preservation of Luther Parker Cemetery’s prairie
vegetation; and
WHEREAS, Older headstones of marble (sandstone) often have a patina of lichens (a
symbiotic growth of algae and fungi); and
WHEREAS, Removal of lichens would also remove the outer stone surfaces of the
marble headstones and if needed should be done by contracted professionals skilled in
the process as opposed to volunteers from the Sons of Union; and
WHEREAS, Planned removal of coniferous trees at Luther Parker Cemetery in the area
around gravestones will reduce the shady conditions favorable to the growth of lichens
and may result in less future growth of lichens; and
WHEREAS, At the Common Council meeting of April 9, 2019, Council was informed of
the contents of The Sons of Union letter of March 19, 2019 as referenced herein and
instructed staff to continue maintaining Luther Parker Cemetery as it has to date with
the exception of clearing a path for The Sons of Union to hold its Memorial Day
observance at the cemetery.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego approves of staff maintaining Luther Parker Cemetery in the manner it has to
date by taking all necessary action to preserve the natural vegetation of the mesic
prairie cemetery.
BE IT FURTHER RESOLVED that staff is directed to clear a path for The Sons of Union
around the Civil War Veterans’ graves on a yearly basis, upon thirty days written Notice
to the City, to allow a Memorial Day observance at the Luther Parker Cemetery.
Resolution #030-2019
TH
DATED THIS 9 DAY OF APRIL , 2019.
SPONSORED BY:
CITY OF MUSKEGO
COMMON COUNCIL
This is to certify that this is a true and accurate copy of Resolution #030-2019 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
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