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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 4/19jmb