Birmingham residents ‘angry, frustrated’ by Zion cemetery

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A group of Birmingham residents angered by what they say are poor conditions and shabby customer service at Zion Memorial Gardens Cemetery on Tarrant-Huffman Road vented their feelings today at the regular meeting of the Birmingham City Council.

“I am angry and frustrated,” said Charles Avery, who spoke on behalf of some other residents and listed several concerns with the facility, including what he said are broken and missing headstones, graves not ready for burial on a timely basis and prepaid documents that have not been honored by cemetery management.

“There is a mausoleum that stinks so bad it will make you sick,” Avery added.

Evelyn Morgan complained that her son, who died recently, was buried in the wrong location and without a proper marker. “I want you all to help,” she told the council.

In response, the members later passed a resolution “strongly expressing support” for the preservation and improvement of the cemetery.

The resolution was submitted by Councilor William Parker. Zion Memorial is in his district.

The council passed a similar resolution regarding conditions at the cemetery in September.

Parker said that he will also work with Mayor William Bell’s office to schedule a tour of Zion Memorial for all council members and will likely host another in a series of public meetings on the issue at Brownsville Heights Community Center sometime after Veteran’s Day.

Parker said he is also working with Councilor Sheila Tyson, who is working to revive the council’s long-dormant cemetery committee.

Councilwoman Lashunda Scales asked city legal staff if the city had any authority to act.

There are “several statutes that would address that,” said assistant city attorney Tracy Roberts.

For example, Roberts said that a private cemetery could be declared a nuisance and that the city could create a neglected cemetery authority.

However, Scales noted that Mayor Bell had told the council recently that the city had little authority in such matters.

Bell was not present, but his chief of staff, Jarvis Patton, instructed the legal staff to let the administration know within a week “what (the city) can and cannot do.”

Scales, citing what she said is the emotional stress and frustration faced by affected residents, urged the legal department to clarify the issue.

“If we don’t have the authority and if the city is not going to do anything, tell these folks that,” she said.

Councilor Kim Rafferty said that the state is mandated to deal with “current negligent cemeteries” and that “we have to change the legislation to put teeth in the law” and make the owners at Zion Memorial “do the right thing.”

She said the city should create an authority that could deal not only with Zion Memorial but other troubled cemeteries in the city, including Shadow Lawn, a historic African-American burial place.

The facility’s owner, Cedric McMillian, told WIAT TV-42 that he just took over the property a year ago and inherited some of these problems. He also told the station that some of the facility’s maintenance equipment was stolen this summer.

Iron City Ink has called the cemetery seeking comment in recent weeks but has been unable to reach McMillian.

Parker has urged citizens with complaints about the cemetery to fill out the Consumer Request for Assistance form from the Alabama Department of Insurance.

Avery said that about 300 families have written complaints about Zion Memorial.

The state legislators for the area -- Rep. Oliver Robinson, D-District 58, and Rep. Mary Moore, D-District 59 – have also been active in gathering those complaint forms and working to force improvements at the cemetery, according to Parker.

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