Cannon Hill Cemetery
EST.1919
Thank you to Jim Davis and Goriune Dudukgian, The Northern Justice Project for all your help!
Anchorage, Alaska - An alleged cemetery in Wasilla will remain untouched, at least until the city appeal process is complete.
Earlier this month, the Friends of Old Knik and the Knik Chiefs Foundation appealed a decision by city planners to approve a building permit at the Old Cannon Hills Homestead. It's an area the two non-profit groups say holds at least eight graves, including the graves of three Athabascans.
The permit was upheld by the planning commission, but the non-profits again appealed to the city. That's when the city denied the appeal because the filing fee was not paid.
But this afternoon, Judge John Suddock told Wasilla city attorneys that the appeal filing fee should be waived for the two groups.
“Under the Alaska constitution, under Alaska due process it’s constitutionally required that in the event of indigency, these folks get to have their complete, their administrative appeal,” said Suddock.
Although the issue is still far from being resolved, Friends of Old Knik and the Knik Chiefs Foundation say they are pleased to receive a decision in their favor today.
Channel 2 news KTUU
Wasilla cemetery threatened by development
by Yvonne Ramsay - Tuesday, July 12, 2005
Anchorage, Alaska - Do not disturb. That's the message two non-profit organizations are sending to a private land owner in Wasilla after learning of plans to develop the site. According to the Friends of Old Knik and the Knik Chiefs Foundation, there are graves still buried in the ground. But borough archeologists say there's just one.
As founder of the Friends of Old Knik Society, Nancy Sult has spent the last five years digging up history about the area. According to Sult, a plot of land just off of Knik Goose Bay Road was the city of Wasilla's first cemetery.
“I've got proof there that the Alaska Engineering Commission came out and did surfacing the ground for cemetery in Wasilla. So there's no doubt that the folks back then meant this to be a cemetery,” said Sult.
Sult said there are at least eight Alaskans buried on this plot of land, including three Alaska Natives.
“I was told by my dad and my grandfathers about those graves up there and I was told to protect them,” said Chief Paul Theodore.
Chief Theodore is the great grandson of Chief Wasilla, the tribal leader the city is named after. And according to Chief Theodore, it is up to him to keep the graves of his Athabaskan ancestors untouched.
“I don't like the way that newcomers to this land that our ancestors have been treating our sacred grounds. And they've been destroying them with all the knowledge of the places on them and they just don't care about Native cemeteries or anything,” said Theodore.
But city planners in Wasilla are only aware of one grave at the site. When Brenda Currier applied for a permit to build a triplex on the property, city planners approved it only because the known gravesite would not be disturbed. But within a month the decision was appealed and then upheld by the Wasilla Planning Commission.
According to a statement from city attorneys, the group should have provided a filing fee and deposit to appeal the planning commission’s findings. But when the groups could not come up with the $1,000, the city denied the appeal.
But today a Superior Court judge in Anchorage has ordered a temporary restraining order on development of the property.
“We spoke to the friends of Old Knik and the Knik Chiefs Foundation and filed a case with the court. And the court today ordered a temporary restraining order affecting barring any development on the site until further order from the court,” said James Davis, Northern Justice Project.
For now the land will remain untouched, leaving what some say are remains of the past buried in the ground of the Old Cannon Hills Homestead.
Property owner Brenda Currier says she knew about the one known gravesite when she purchased the property and has never planned to disturb the area. She also says the city has done a good job as far as researching what is on her land.
According to city records, the site was not originally a cemetery, it was a homestead. Borough historians say there are several plots of land, not just in the Valley, but across the state, that may have a family member buried, and that information was not passed along for city records. This specific plot of land, however, was looked at by a local archeologist who only found evidence of one grave.
The city of Wasilla did research the development plan before approving the permit. It may not be as in-depth research as Friends of old Knik or the Knik Chiefs Foundation would have liked. At this point, it may come down to doing a radar detection of the land to find out exactly what is and is not buried there.
Channel 2 News KTUU
Lawsuit filed to halt construction on site of former cemetery
by Yvonne Ramsay - Friday, July 8, 2005
Anchorage, Alaska - Two non-profit community groups have filed a lawsuit against the city of Wasilla for allowing development on property they say is the site of a former cemetery.
Friends of Old Knik and the Knik Chiefs Foundation filed the lawsuit late this afternoon to stop construction at the Old Cannon Hills Homestead. According to court documents, deceased ancestors of the Knik Chiefs Foundation were buried in the cemetery, as well as five Wasilla homesteaders.
Attorneys say both foundations tried to appeal to the city of Wasilla's planning commission, but they could not afford the $1,000 filing fees and the city refused to waive the fees. The plaintiffs are seeking a temporary restraining order and an injunction demanding the city to accept their appeal.
City planners say there is evidence of one grave at the site, but it would not be impacted by development.
The Hearing officer process
16.36.010 Definitions.
The following words or phrases, when used in this chapter, shall have the meanings set forth in this section:
“Appellant” means a person who files an appeal application pursuant to Section 16.36.060.
“Business day” means any day which is not a Saturday, Sunday or other day on which city offices are authorized or required by law to be closed.
“Hearing officer” means a hearing officer appointed under Section 16.36.020.
“Interested person” means the applicant, each record owner of the property that was the subject of the decision, and any person or governmental agency who appeared before the planning commission and made an oral or written presentation with respect to the decision of the planning commission under appeal. (Ord. 04-72 § 2, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.020 Hearing officer.
A. Appeals filed under this chapter shall be heard by a hearing officer. The hearing officer shall hear and decide appeals from decisions of the planning commission on conditional uses, variances, and other quasi-judicial zoning and land use determinations pursuant to Title 16 of this code. To be appointed as a hearing officer, a person must have knowledge of, or an ability to comprehend, for the purposes of the proposed hearing, this chapter and general land use regulation, principles of due process, and some familiarity with the development of the city. A person may not act as hearing officer in any case in which the person has any direct or indirect financial interest, and must certify to the absence of any such interest before receiving the appeal record on a form provided by the city clerk. A hearing officer may not be a current city employee or a current member of the council or commission.
B. The mayor or city clerk shall solicit persons who are willing to serve as hearing officers, and shall maintain a list of interested persons determined to be qualified.
C. Upon an appeal being filed, the mayor shall recommend to the council for approval, the appointment of the hearing officer to the case.
D. Compensation of the hearing officer shall be determined by council resolution prior to the hearing. (Ord. 04-72 § 3, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.030 Staff.
The city clerk and city clerk’s staff shall assist the hearing officer. The city clerk shall keep minutes of the hearing and conduct all correspondence, including the notification of decisions of the hearing officer. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.040 Ex parte contact.
A hearing officer shall be impartial in all decisions, both in fact and in appearance. No hearing officer may engage in ex parte contact with any person interested in an appeal concerning the appeal either before or after the appeal hearing. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.050 Stay.
An appeal stays the effectiveness of the decision or order appealed from until the hearing officer finally decides the appeal; provided that the hearing officer may vacate the stay if doing so is necessary to avoid immediate danger to public health and safety. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.060 Appeal from planning commission.
Any interested person adversely affected by a decision or order of the commission may appeal the decision or order to the hearing officer by filing an appeal application with the clerk on a form provided by the clerk within five business days after the date of the decision or order. The appeal application shall state with specificity the grounds for the appeal, include the appellant’s mailing address or that of the appellant’s representative, and be accompanied by a nonrefundable filing fee of five hundred dollars ($500.00) and a deposit of five hundred dollars ($500.00) for the preparation of the transcript, advertising, and mailing costs. The appellant shall pay any cost for the preparation of the transcript, advertising, and mailing in excess of the amount of the deposit no later than the date written arguments are due, or the appeal will be dismissed. The city shall return any unexpended part of the deposit to the appellant. (Ord. 04-72 § 4, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.070 Preparation of record; notice of hearing date.
A. Upon the timely filing of an appeal, the clerk shall mail or personally serve notice of the appeal within five business days to the city planner and each interested person. The notice shall include:
1. A brief description of the decision or order appealed from;
2. A copy of the appellant’s appeal application; and
3. A statement that an interested person may request a copy of the appeal record by submitting to the clerk a written request that includes the name, physical and mailing addresses of the person submitting the request, and a statement of the per page charge for a copy of the appeal record.
B. The clerk shall submit the items stated in subsections (A)(1) and (A)(2) of this section to the council at the next regular council meeting occurring at least ten (10) business days after the filing of an appeal. The submission also shall include the mayor’s recommendation of the hearing officer to be appointed for the appeal.
C. The clerk shall request from the city planner a record of the appeal to be filed in the clerk’s office within twenty (20) business days of the filing of the appeal. The appeal record shall consist of a transcript of the proceedings before the planning commission, copies of all documentary evidence, memoranda and exhibits, correspondence and other written material submitted to the planning commission, a copy of the written decision of the planning commission, and mailing labels for each interested person.
D. Within ten (10) business days after receiving the entire appeal record from the city planner or after approval of the appeal officer by the council, whichever is later, the clerk shall assemble the record and mail or personally serve the record on the hearing officer, the appellant, each interested person who has submitted a written request for a copy of the appeal record, and the city planner. The clerk shall accompany the record with a notice stating the date on which written arguments must be filed, and the date of the appeal hearing. Interested persons requesting a copy of the record shall be charged on a per page basis.
E. The clerk shall publish notice of the time and place of the hearing at least twice in a newspaper of general circulation within the city. The first notice shall be published at least ten (10) calendar days prior to the date written arguments are due. Such notice shall state the nature of the appeal, the location of the property that is the subject of the appeal, and the time and place of hearing. Notice by regular mail of the time and place of hearing shall be given to each interested person.
F. On or before the due date for written argument on an appeal, a person submitting written argument shall file the argument with the clerk. Within three business days after the date written arguments are due, the clerk shall provide a copy of the written arguments to the hearing officer, the appellant, each interest person who requests a copy of the written arguments, and the city planner. Interested persons receiving a copy of the written arguments shall be charged on a per page basis. (Ord. 04-72 § 5, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.080 Hearing.
A. Only interested persons who have submitted written arguments to the hearing officer prior to the due date, and the city planner and appellant, or their representatives, may present oral arguments at the hearing.
B. The hearing officer shall hold a hearing on the appeal within ten (10) business days after written arguments are due.
C. At the hearing, oral argument shall be subject to the following order and time limitations, unless the hearing officer, for good cause shown, permits a change in the order or an extension of time:
1. City planner or representative, ten (10) minutes to present the city position and to set forth the evidence and reasons relied upon for the decision;
2. Appellant or representative, ten (10) minutes;
3. Each interested person supporting or opposing the appeal, five minutes;
4. Appellant or representative, for rebuttal, ten (10) minutes. (Ord. 04-72 § 6, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.090 Decision.
A. The hearing officer shall base the decision upon the record and argument presented at the hearing. The hearing officer may affirm, reverse, or modify the decision or order of the commission in whole or in part.
B. The hearing officer’s decision shall be in writing and shall state that it is a final decision, include the hearing officer’s findings of fact and conclusions of law, and notify the parties of their right to appeal under Section 16.36.100.
C. The hearing officer’s decision shall be mailed or personally delivered by the clerk within ten (10) business days after the hearing officer’s decision was final to the appellant, city planner and each interested person who has requested a copy of the appeal record in writing.
D. Each appeal record shall be kept in accordance with the city’s records management policy and shall be open to the public. Documents or other information considered by the hearing officer, which were not part of the appeal record, shall become a part of the record before the hearing officer. (Ord. 04-72 § 7, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
16.36.100 Judicial review.
An interested person may appeal a decision of the hearing officer to the superior court within the time prescribed in the Alaska Rules of Appellate Procedure. (Ord. 04-72 § 8, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
Please Call your legislator- 376-3704
Call the City of Wasilla-376-9055
Call the Mat-Su Borough- 745-9682
Call the Governor-352-2585
Please ask them all to participate in a land trade with Ms Currier so that Cannon Hill Cemetery can remain undisturbed.
We are asking the Borough to help with this problem. They own the lot next to the cemetery already. Maybe they would trade Ms. Currier another property that isnt a cemetery and make a nice cemetery park out of lot 23 and 24. And dedicate both lots as Cemetery.
Who will take the first shovel of Cannon Hill Cemetery?
Herning Diary Entries:
January 13, 1919 Land Department sent surveyors up to locate cemetery site. Did nothing, said ground too frozen and couldn't drive stakes.
January 14, 1919 Surveyors located cemetery on Cannon's homestead, near town.
March 28, 1919 Crowd cleared lot on Cannon's for graveyard.
Thank-you Coleen Mielke for gleaning this information from the Herning Diary for us.
Native graves were probably located during the jan 1919 survey of Cannon Hill. The graveyard was located and staked and used as the cemetery from then on until 1951 when the Aurora Cemetery was purchased.
We have federal documents that prove that Lot 23 block 3 is a cemetery. Lets all start giving it the respect it deserves.
May 25th 2005
An appeal has been filed and the fee has been paid to stop the construction of the triplex planned for the cemetery at Cannon Hill, Wasilla
Appeal will be introduced at the next Planning Commision Meeting.
June 28th 2005 will be the hearing where we will present the information that will prove the cemetery is more that one grave and more than 2 graves and more than 3 graves. We now have proof of at least 5 graves.
Thank-you Star, Heather and Paul, and all our friends that want to protect this cemetery. God Bless you all!
July 6th appeal filed with the City of Wasilla.
Letters from Mat-Su readers
Published: June 8th, 2005
Last Modified: June 8th, 2005 at 01:00 AM
Save our Valley cemeteries
Thank you to Rindi White for the thoughtful coverage of our Valley cemetery issues ("Appeal to save cemetery puts hold on apartments," June 1). The Cannon Hill Cemetery is in eminent danger of being destroyed by a triplex apartment building. Please, if you have first-hand knowledge about this cemetery we need your help. Write comments and give them to the Wasilla Planning Department. The hearing will be 7 p.m. June 28. Written comments are necessary at the hearing. Many folks came forward last year when we were avoiding destruction of the hill due to the bike path DOT planned.
We are praying that there won't be any contractors willing to dig on Cannon Hill or behind the Knik Museum for the Herning Warehouse Basement. These projects are in very sacred grounds. State law clearly states that it is a felony to disturb a cemetery. As a community, we should join together to protect our sacred lands. There is plenty of land in Alaska, the few acres that are cemetery land should be protected. Certainly the Mat-Su Borough can afford to give up a few tax dollars to protect our pioneer and Native cemeteries. Let's stop taxing our cemeteries. Let's put communities in charge of cemeteries instead of archaeologists.
---- Nancy L. Sult, president
Friends of Old Knik
Big Lake
Thank you to Star and Paul Theodore and Heather Ramage for paying the fee appeal the Brenda Currier's Triplex Permit at Cannon Hill Cemetery . Wasilla Planning Commission Hearing date June 28,2005.
Signs are now up identifying Cannon Hill Cemetery. These signs are part of the Cemetery and if removed would be considered a Class C felony AS 11.46.482.
AS 11.46.482. Criminal Mischief in the Third Degree.
(a) A person commits the crime of criminal mischief in the third degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with intent to damage property of another, the person damages property of another in an amount of $500 or more;
(2) the person recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of widely dangerous means; or
(3) the person knowingly
(A) defaces, damages, or desecrates a cemetery or the contents of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected;
(B) removes human remains or associated burial artifacts from a cemetery, tomb, grave, or memorial regardless of whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected.
(b) It is an affirmative defense to a prosecution under (a)(3) of this section that the defendant, at the time of the offense, was
(1) an employee of the cemetery and was engaged in an authorized activity on behalf of the cemetery; or
(2) authorized by law or state permit to engage in the conduct.
(c) In this section,
(1) "contents of a cemetery" includes anything that is designed or used for the protection, security, or ornamentation of a cemetery and that is located within a cemetery;
(2) "memorial" means a headstone, marker, gravestone, monument, or other object designed or intended to mark a gravesite or to memorialize the death of a person;
(3) "tomb" means a mausoleum, columbarium, or crypt, whether that mausoleum, columbarium, or crypt is located above or below ground.
(d) Criminal mischief in the third degree is a class C felony.
Our Correspondence with Vic Kohring
2005
thanks
I have 3 generations living here now. so Ill be staying and all 3 generations will be helping make the changes necessary for us to once again be proud to be alaskans.
nancy
Nancy, Thanks for your follow-up. Please don't be ashamed to live in Alaska just because a handful of local bureaucrats are being uncooperative. There are still many good people across this state. If you desire change at the city and borough levels, the solution is electing people that will implement those changes. That's easier said than done of course, however, it truly is the answer. For the time being, your best bet is to maintain your attornies, and use the court system to buy the time needed to eventually resolve the matter. I believe you're in the right course. Feel free to call me again anytime as needed. Regards, Vic Kohring 373-1842
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Sunday, August 07, 2005 8:51 AM
To: Rep. Vic Kohring
Subject: RE: Cannon Hill Cemetery Wasilla
My only hope is our wonderful attorneys. Jim Davis and Goriune Dudukian. They
have promised not to leave us hanging. Their work got us the right to appeal without 1000 bucks. We have accepted donations for all the paperwork that is necessary to inform everyone about the problem. Sen Huggins office did several copies for us so all the valley legislators would be aware of what is going on. We can tie them all up in court for a long time but that isnt going to solve the problem. We want some change out of the borough and city. This is the second cemetery that the borough changed into residential or commercial property. The other is the Asbury Moore cemetery in Knik across from Rohn street by sunny knik church. This is where Chief Tenqa is buried and many from his village by the spring. Luckily Mr. Moore has no current plans to build and he wont allow the archeologists in either. The borough archeologist already tried to write a grant for poking around in his cemetery and he and the tribe reps told her NO. Fran Seeger Boss is the archeologist paid by the borough and all she does is help the
Knik gravel pit and lately she helped to collapse a 1200 year old native village for their stupid pile of wood chips and gravel at the port. What the state and borough and cities need to do
is to start protecting these sacred sites instead of trying to build a tax base over them.
Again Vic Thank you for your concern and suggestions. Many of your friends at the Wasilla Senior center told me about Cannon Hill Cemetery. They trust that this couldnt happen in our state.
Right now im ashamed to live in this state.
nancy and Friends of Old Knik
Hello again Nancy, I appreciate the update, and am saddened that even with tangible proof (from imaging), the city and borough still may not intervene. Have you strategized with your attorney as to how can you buy additional time, perhaps through subsequent filings? I also recommend you seek donations from your supporters to establish a "legal fund," so you have the financial resources to maintain legal services. Best of luck, thank you for your efforts, and keep me apprised.
Sincerely,
Vic Kohring
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Saturday, August 06, 2005 3:48 PM
To: Rep. Vic Kohring
Subject: RE: Cannon Hill Cemetery Wasilla
We have tried explaining this to the city the borough and ms currier/shadrach. My opinion is they wouldnt care if they had proof. Which is very sad. I have to explain to 125 members of the Reedy and Doherty family all over the u.s.a. that no one except Vic Kohring and Jim Colver give a rats ass about their deceased family member and Pioneer of Alaska. Im glad you and Jim seem willing to try. God bless you both for that. Jims email is surveyor@pobox.alaska.net Maybe you two can come up with a plan. Ill keep looking for the right proof that will be indisputable. Folks at Washington DC have been working, many reasearchers in Juneau and Anchorage are working. But I need more time.
Thanks for responding you and Jim are the only ones that ever do..................
Nancy
Friends of Old Knik
8928585
Thanks for the information. Such imaging is the solution, in my opinion. Vic Kohring
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Thursday, August 04, 2005 11:45 PM
To: mromano@matsugov.us; Murph O'Brien; Rep. Vic Kohring; romere@gci.net; rwhite@adn.com; Sen. Charlie Huggins; Sen. Lyda Green; surveyor@pobox.alaska.net; aklynne@gci.net; bvehrs@gci.net; daneednd@hotmail.com; dawn.debusk@frontiersman.com; evelyn@alaskaseniors.com; Fran Seager-Boss; jduffy@matsugov.us; jesimpson@gci.net; jpcook@ptialaska.net; jswanson@up.net; timothy.anderson@matsugov.us; akcurrier@yahoo.com; dennis.brodigan@matsugov.us
Subject: Cannon Hill Cemetery Wasilla
Please Help Save Cannon Hill Cemetery
Thermal Imaging could save Cannon Hill Cemetery. The Borough has Thermal Imaging technology that would probably solve the problem of unmarked graves in the Valley.If we know exactly where graves are we can protect them. Technology is available to answer the questions, before they are disturbed.
From Friends of old Knik
New members:
The Family of Frank Dougherty in Wisconsin, Minnesota, and Alaska. Frank was buried on Cannon Hill in 1932. Colleen Corrigan,
The David Reedy Family in marshall Kansas. Connie Reedy
Mr. Reedy was buried at Wasilla in 1926. The only cemetery then was Cannon Hill Cemetery.
William Moffat Family John Moffat III in Eden Prarie Minnesota.
ARCHAEOLOGY : In the News
THE BONES OF SAINT ANTOINE'S
By Ralph Naveaux
In the summer of 1999, work began on a new subdivision near the historic site of St. Antoine’s Church in Monroe, Michigan. The church was established in 1788 and was later moved into downtown Monroe and renamed St. Mary’s in the middle of the 19th century. The graveyard, containing the remains of 500 of Monroe’s earliest pioneers, was abandoned some 150 years ago, eventually reverting to farmland. According to local folklore, the remains were transferred to other cemeteries.
Unfortunately, records were unclear about the final disposition of the bodies and the exact location of the original cemetery. After some heavy rains in August, neighbors began picking bones off the surface, which they turned in to the Monroe County Historical Museum. City authorities took over once it had been established that the bones were human. The developer had already put in all the major infrastructure, such as sewer lines and a road, but halted actual building of the homes and hired Midwest Environmental to conduct an archaeological search for the cemetery.
In the space of 3 days, an archaeological team under the direction of Bill Rutter and Mike Pratt located 45 graves in the southeast corner of the development, bordering a small park dedicated to the memory of St. Antoine’s Church. The team did not excavate the graves, but mapped them, concentrating on locating the boundaries of the old cemetery.
Little or no artifacts were found in direct association the graves, although a number of mid-19th century ceramics were found on the surface, as well as both wild and domestic animal bones. Human bones, exposed as heavy equipment scraped off the top layers of soil, were picked up and mark in relation to each grave. Some graves appeared empty, but most showed bones, nails, and some times even fragments of wood. A piece of pelvic bone showed at least one woman’s grave.
Individual graves were clearly visible as dark stains barely 2 feet down in the compacted clay soil. A number of very small stains represented the graves of children or babies. It is thought an upper layer of sand and gravel had been removed in earlier times, possibly along with an upper layer of human remains. The graves were marked, mapped, and then covered back up.
By state law, it appears that the city will have to bear the expense of relocating the remains to a new cemetery if the developer insists. Another alternative would be to purchase the land and expand the current memorial park to enclose it.
"The Friends of St. Antoine", was formed by citizens interested in preserving the remains of Monroe's first pioneer cemetery. They are negotiating with the developer, city officials, the Church, and the Community Foundation to provide a workable plan.
The Friends of St. Antoine wee able to arrange for the services of a dog trained in detecting human skeletal remains. The dog, Doberman - German Short Hair Pointer mix was able to locate 35 more graves. The cemetery appears to be limited to 3 of the proposed 17 lots. Some scattered remains were found beyond the 3 lots, but it is thought these were deposited by farming and construction machinery. It is hoped the field can also be scanned by infrared, thermal imaging radar.
AN UPDATE ON RECENT ARCHAEOLOGICAL DEVELOPMENTS ALONG THE RIVER RAISIN, IN MONROE COUNTY, MICHIGAN
August 21, 2000 by Ralph Naveaux
The Bones of St-Antoine's: In August of 1999, I was caught "red-handed" in possession of some unidentified human remains. These remains consisted of bones removed from a housing development site by a pair of very concerned citizens. They knew the area had once contained our community's first cemetery, the graveyard for St. Antoine's Church (1788-1821), so they had been watching to see if the bulldozers and backhoes disturbed any burials. Although the police objected to our not contacting them first, the museum sent the bones on for analysis. They were indeed human. Although the adjoining St. Antoine Memorial Park was listed on the State Register of Historic Places, references to the cemetery had disappeared from county maps drawn since the 1950's. The city granted the developer the necessary permits without requiring an archaeological study. As speculation rose about the likelihood of finding more remains, the Catholic Church, city government, and most historical agencies tried to distance themselves from the situation.
A group of concerned citizens, calling themselves the Friends of St. Antoine's, then stepped in to act as a liaison between the developer, the city, and other public agencies. The developer agreed to pay for an archaeological study to determine if any more burials were located on his property. Over the next few months, archaeologists led by Bill Rutter and Dr. Pratt of Midwest Environmental found 45 of the possibly 500 burials listed in old church records. Sandra Anderson brought in her cadaver-sniffing dog, Eagle, to help find the boundaries of the cemetery. Bob Melia of the Louisiana-based Real-Time Thermal Imaging flew his thermal imaging equipment over the site in a Channel 11 helicopter to confirm what was found by the others. The results indicated that the burials were confined to the first 3 lots of the new subdivision. The graves were left in place. Those scattered bones which had been removed were reburied at the site in February, 2000. The Friends began raising the $105,000 required to buy the 3 lots from the developer. Unfortunately, the Friends group was unable to raise the money. In a surprise move, in August, 2000, almost exactly a year after the discovery of the bones, the County of Monroe agreed to purchase the property and maintain it as a county park. In contrast to the city, the county has taken on the leadership in this issue. It has formed a county-wide cemetery committee to map and record all our old and abandoned cemeteries to help prevent this sort of situation from arising in the future.
http://www.savinggraves.org/education/bookshelf/steps.html
http://www.photonics.com/spectra/applications/XQ/ASP/aoaid.179/QX/read.htm
http://www.
__________________________________________________________________
You're welcome. Vic
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Tuesday, July 05, 2005 4:21 PM
To: Rep. Vic Kohring
Subject: RE: Follow-up
I met with an attorney today from Anchorage. He will let me know tonight if he can help.
Thanks for your time and advice.
nancy
"Rep. Vic Kohring" <Representative_Vic_Kohring@legis.state.ak.us> wrote:
Hello again Nancy, Since time is of the essence, I suggest you call the Lawyer Referral Service first thing in the morning, explain the situation, and have them provide you with names of a dozen attorneys that have experience in this type of law. Then call each one of them and ask if they would please provide you with some limited advice on a volunteer basis, since money is so tight. You may wish to call some of the local attorneys I referred to in our phone conversation and do the same. Regarding Mayor Jim Whitaker of Fairbanks, I've looked up his phone numbers for you. His office number in Fairbanks is 459-6793 and his home number is 456-6513. I suggest you call him to get his perspective on the legislation he supposedly sponsored. Best of luck to you and thank you for your efforts. Regards, Vic Kohring
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Monday, July 04, 2005 6:19 PM
To: Rep. Vic Kohring
Subject: RE: Greetings
Hi
Im waiting on word from alaska legal services, they have a law firm that is interested in helping but they want to review the documentation. I cant talk to another attorney until they say no. Our group has 25 bucks and thats it. I personally have spent hundreds of dollars of my family money to get the information to the people I thought could help. There is state law that should be able to protect this cemetery. ANC-438 is located on this lot so the Alaska Historic Preservation act applies, as 11.46.482 also applies. There are at least 4 native graves included in Cannon Hill Cemetery.
What a shame that you all in the legislature work so hard to make the laws and there is no enforcement. City police wont respond until there are bones in the pile of dirt. Is there anyway you can get ahold of Mayor Whittaker and ask him about the intent of this law.....11.46.482? It seems to me that it should protect cemeteries like this but no one is willing to take the first step and say lets protect this cemetery. Isnt it a shame that citizens have to pay to have laws enforced in our state.
thanks for responding,
we will continue to persue legal help. And we will continue to pray that Brenda Currier and John Shadrach will think with their hearts. There is plenty of land and we need to protect our loved ones that are buried here.
Thanks Vic you are the only politician offering advice and we appreciate it very much. Please ask Mayor Whittaker to call me at 232-8153 tomorrow if he can clarify the law for me. Also if he could call Chief Savage in Wasilla to clarify his job in enforcing the law.
thanks and god bless.......
nancy
"Rep. Vic Kohring" <Representative_Vic_Kohring@legis.state.ak.us> wrote:
Nancy, You need legal intervention at this point. If the planning commission, city planner, council members and mayor won't assist, an experienced attorney who understands and is willing to use legal tools (i.e. injunctions, stop work orders, etc.) is your best option. What have you done to achieve this, and which attorneys have you spoken with the last several days? Sincerely, Rep. Vic Kohring
From: nancy green [mailto:nancy_green45@yahoo.com]
Sent: Monday, July 04, 2005 12:21 AM
To: aharrington@alsc-law.org; aklynne@gci.net; bvehrs@gci.net; chiefswife03@yahoo.com; daneednd@hotmail.com; dawn.debusk@frontiersman.com; dick catto; emptypockets99@gci.net; evelyn@alaskaseniors.com; Fran Seager-Boss; frank_murkowski@gov.state.ak.us; jduffy@matsugov.us; jesimpson@gci.net; jpcook@ptialaska.net; jswanson@up.net; judy_bittner@dnr.state.ak.us; caroline@kingscathedral.com; delisa@godsmiles.com; jenadym@gci.net; mainoffice@midvalleychristiancenter.org; office@goodshepluth.org; pastor@gospeloutreachwasilla.com; people@matsucovenant.org; wag@wasillaag.org; wasilla@mtaonline.net; timothy.anderson@matsugov.us; w_kalfsbeek@yahoo.com; knikcorp@gci.net; kniktrib@mtaonline.net; loren_leman@gov.state.ak.us; marykv@mtaonline.net; mayor@ci.wasilla.ak.us; mromano@matsugov.us; Murph O'Brien; patroppel@hotmail.com; Rep. Bill Stoltze; Rep. Carl Gatto; Rep. John Harris; representative_lesil_mcquire@gov.state.ak.us; Rep. Mark Neuman; Rep. Nancy Dahlstrom; Rep. Vic Kohring; romere@gci.net; rwhite@adn.com; sallen@mtaonline.net; Sen. Charlie Huggins; Sen. Gene Therriault; Sen. Lyda Green; surveyor@pobox.alaska.net; John Suter
Subject: please help save cannon hill cemetery
Cannon Hill Cemetery contains ANC-438 Which is protected by the Alaska Historic Preservation Act.
Please if anyone is willing to help save Cannon Hill Cemetery from destruction on July 7th 2005, call me at 8928585 775-5858.
Wasilla housing project digs up controversy
by Yvonne Ramsay - Thursday, June 30, 2005
Wasilla, Alaska - As the City of Wasilla continues to grow, new housing developments are springing up around town.
While one property owner may want to take advantage of that growth, another says the landowner may be digging up trouble.
Wasilla resident Nancy Sult has been researching the history of Old Knik for years. She says she welcomes a new development, just not at the expense of uncovering a history that should remain buried.
As the founder of the Friends of Old Knik society, Sult (right) spends her time digging up history about the first homesteads and residents of Wasilla.
But after a local property owner decided to develop her property to build a triplex, Sult discovered that it could be digging up more than just history.
“We’re at No. 8,” she says. “We have eight folks that are buried in Cannon Hill Cemetery.”
According to Sult, this plot of land just off Knik-Goose Bay Road was the City of Wasilla’s first cemetery.
“We have proof that the Alaska Engineering Commission paid $44.48 for a cemetery in Wasilla,” she says. “There was no other Wasilla cemetery at this time in history between 1917 and 1950.”
Wasilla City Planner Sandra Garley, borough historians and consulting archeologists agree that a grave exists. But they say they found evidence of just one grave, and the possibility that two more exist.
Garley says that, because those graves would not be impacted by the construction of the triplex, she granted a land-use permit to property owner Brenda Currier to start development.
“Looking at those particular pieces of actual data as opposed to anecdotal information or generalized information, I used that information in my decision-making process,” Garley says.
Last Tuesday night, the Wasilla Planning Commission upheld Garley’s decision at a public hearing on the matter. But Sult says there is evidence in well-kept diaries and obituaries in local newspapers that prove more residents are buried at the site.
Even though development is scheduled for next week, Sult is hopeful there is still time to stop construction. “Even if she doesn't dig down, she will be on top of the graves. That's just as disrespectful as digging all the way to their bones, and they've been there for 70 years,” Sult says.
That would be digging up a piece of Wasilla history better left untouched, Sult says.
Property owner Brenda Currier was unavailable for comment.
Garley says there are conditions to the land-use permit, one of which states that city approval of the permit does not exempt Currier from meeting state and federal regulations governing the disturbance of human remains. So if more graves are found, the property owner would be responsible for any desecration to those remains.
According to Sult, some of the people buried there are homesteaders from the area, including David Reedy, a man who froze to death while trapping on an area lake. Sult says Reedy Lake is named after him.
There are also reports that three Athabaskan graves are also at the site, as well as a baby and Wasilla pioneer Frank Dougherty.
AS 41.35.200. Unlawful Acts.
(a) A person may not appropriate, excavate, remove, injure, or destroy, without a permit from the commissioner, any historic, prehistoric, or archeological resources of the state.
(b) A person may not possess, sell, buy, or transport within the state, or offer to sell, buy, or transport within the state, historic, prehistoric, or archeological resources taken or acquired in violation of this section or 16 U.S.C. 433.
(c) [Repealed, Sec. 3 ch 83 SLA 2001].
(d) An historic, prehistoric or archeological resource that is taken in violation of this section shall be seized by any person designated in AS 41.35.220 wherever found and at any time. Objects seized may be disposed of as the commissioner determines by deposit in the proper public depository.
AS 41.35.210. Criminal Penalties.
A person who is convicted of violating a provision of AS 41.35.010 - 41.35.240 is guilty of a class A misdemeanor.
AS 11.46.482. Criminal Mischief in the Third Degree.
(a) A person commits the crime of criminal mischief in the third degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with intent to damage property of another, the person damages property of another in an amount of $500 or more;
(2) the person recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of widely dangerous means; or
(3) the person knowingly
(A) defaces, damages, or desecrates a cemetery or the contents of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected;
(B) removes human remains or associated burial artifacts from a cemetery, tomb, grave, or memorial regardless of whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected.
(b) It is an affirmative defense to a prosecution under (a)(3) of this section that the defendant, at the time of the offense, was
(1) an employee of the cemetery and was engaged in an authorized activity on behalf of the cemetery; or
(2) authorized by law or state permit to engage in the conduct.
(c) In this section,
(1) "contents of a cemetery" includes anything that is designed or used for the protection, security, or ornamentation of a cemetery and that is located within a cemetery;
(2) "memorial" means a headstone, marker, gravestone, monument, or other object designed or intended to mark a gravesite or to memorialize the death of a person;
(3) "tomb" means a mausoleum, columbarium, or crypt, whether that mausoleum, columbarium, or crypt is located above or below ground.
(d) Criminal mischief in the third degree is a class C felony.
Wailla Code concerning The Hearing officer process
__________________________________________________
16.36.070 Preparation of record; notice of hearing date.
A. Upon the timely filing of an appeal, the clerk shall mail or personally serve notice of the appeal within five business days to the city planner and each interested person. The notice shall include:
1. A brief description of the decision or order appealed from;
2. A copy of the appellant’s appeal application; and
3. A statement that an interested person may request a copy of the appeal record by submitting to the clerk a written request that includes the name, physical and mailing addresses of the person submitting the request, and a statement of the per page charge for a copy of the appeal record.
B. The clerk shall submit the items stated in subsections (A)(1) and (A)(2) of this section to the council at the next regular council meeting occurring at least ten (10) business days after the filing of an appeal. The submission also shall include the mayor’s recommendation of the hearing officer to be appointed for the appeal.
C. The clerk shall request from the city planner a record of the appeal to be filed in the clerk’s office within twenty (20) business days of the filing of the appeal. The appeal record shall consist of a transcript of the proceedings before the planning commission, copies of all documentary evidence, memoranda and exhibits, correspondence and other written material submitted to the planning commission, a copy of the written decision of the planning commission, and mailing labels for each interested person.
D. Within ten (10) business days after receiving the entire appeal record from the city planner or after approval of the appeal officer by the council, whichever is later, the clerk shall assemble the record and mail or personally serve the record on the hearing officer, the appellant, each interested person who has submitted a written request for a copy of the appeal record, and the city planner. The clerk shall accompany the record with a notice stating the date on which written arguments must be filed, and the date of the appeal hearing. Interested persons requesting a copy of the record shall be charged on a per page basis.
E. The clerk shall publish notice of the time and place of the hearing at least twice in a newspaper of general circulation within the city. The first notice shall be published at least ten (10) calendar days prior to the date written arguments are due. Such notice shall state the nature of the appeal, the location of the property that is the subject of the appeal, and the time and place of hearing. Notice by regular mail of the time and place of hearing shall be given to each interested person.
F. On or before the due date for written argument on an appeal, a person submitting written argument shall file the argument with the clerk. Within three business days after the date written arguments are due, the clerk shall provide a copy of the written arguments to the hearing officer, the appellant, each interest person who requests a copy of the written arguments, and the city planner. Interested persons receiving a copy of the written arguments shall be charged on a per page basis. (Ord. 04-72 § 5, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
__________________________________________________________________
16.36.060 Appeal from planning commission.
Any interested person adversely affected by a decision or order of the commission may appeal the decision or order to the hearing officer by filing an appeal application with the clerk on a form provided by the clerk within five business days after the date of the decision or order. The appeal application shall state with specificity the grounds for the appeal, include the appellant’s mailing address or that of the appellant’s representative, and be accompanied by a nonrefundable filing fee of five hundred dollars ($500.00) and a deposit of five hundred dollars ($500.00) for the preparation of the transcript, advertising, and mailing costs. The appellant shall pay any cost for the preparation of the transcript, advertising, and mailing in excess of the amount of the deposit no later than the date written arguments are due, or the appeal will be dismissed. The city shall return any unexpended part of the deposit to the appellant. (Ord. 04-72 § 4, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
_________________________________________________________________
16.36.050 Stay.
An appeal stays the effectiveness of the decision or order appealed from until the hearing officer finally decides the appeal; provided that the hearing officer may vacate the stay if doing so is necessary to avoid immediate danger to public health and safety. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
________________________________________________________________
16.36.040 Ex parte contact.
A hearing officer shall be impartial in all decisions, both in fact and in appearance. No hearing officer may engage in ex parte contact with any person interested in an appeal concerning the appeal either before or after the appeal hearing. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
____________________________________________________________________
16.36.030 Staff.
The city clerk and city clerk’s staff shall assist the hearing officer. The city clerk shall keep minutes of the hearing and conduct all correspondence, including the notification of decisions of the hearing officer. (Ord. 02-46(SUB)(AM) § 8 (part), 2002)
_________________________________________________________________
16.36.020 Hearing officer.
A. Appeals filed under this chapter shall be heard by a hearing officer. The hearing officer shall hear and decide appeals from decisions of the planning commission on conditional uses, variances, and other quasi-judicial zoning and land use determinations pursuant to Title 16 of this code. To be appointed as a hearing officer, a person must have knowledge of, or an ability to comprehend, for the purposes of the proposed hearing, this chapter and general land use regulation, principles of due process, and some familiarity with the development of the city. A person may not act as hearing officer in any case in which the person has any direct or indirect financial interest, and must certify to the absence of any such interest before receiving the appeal record on a form provided by the city clerk. A hearing officer may not be a current city employee or a current member of the council or commission.
B. The mayor or city clerk shall solicit persons who are willing to serve as hearing officers, and shall maintain a list of interested persons determined to be qualified.
C. Upon an appeal being filed, the mayor shall recommend to the council for approval, the appointment of the hearing officer to the case.
D. Compensation of the hearing officer shall be determined by council resolution prior to the hearing. (Ord. 04-72 § 3, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
____________________________________________________________________
16.36.010 Definitions.
The following words or phrases, when used in this chapter, shall have the meanings set forth in this section:
“Appellant” means a person who files an appeal application pursuant to Section 16.36.060.
“Business day” means any day which is not a Saturday, Sunday or other day on which city offices are authorized or required by law to be closed.
“Hearing officer” means a hearing officer appointed under Section 16.36.020.
“Interested person” means the applicant, each record owner of the property that was the subject of the decision, and any person or governmental agency who appeared before the planning commission and made an oral or written presentation with respect to the decision of the planning commission under appeal. (Ord. 04-72 § 2, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
____________________________________________________________________
16.36.080 Hearing.
A. Only interested persons who have submitted written arguments to the hearing officer prior to the due date, and the city planner and appellant, or their representatives, may present oral arguments at the hearing.
B. The hearing officer shall hold a hearing on the appeal within ten (10) business days after written arguments are due.
C. At the hearing, oral argument shall be subject to the following order and time limitations, unless the hearing officer, for good cause shown, permits a change in the order or an extension of time:
1. City planner or representative, ten (10) minutes to present the city position and to set forth the evidence and reasons relied upon for the decision;
2. Appellant or representative, ten (10) minutes;
3. Each interested person supporting or opposing the appeal, five minutes;
4. Appellant or representative, for rebuttal, ten (10) minutes. (Ord. 04-72 § 6, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
_____________________________________________________________________
16.36.090 Decision.
A. The hearing officer shall base the decision upon the record and argument presented at the hearing. The hearing officer may affirm, reverse, or modify the decision or order of the commission in whole or in part.
B. The hearing officer’s decision shall be in writing and shall state that it is a final decision, include the hearing officer’s findings of fact and conclusions of law, and notify the parties of their right to appeal under Section 16.36.100.
C. The hearing officer’s decision shall be mailed or personally delivered by the clerk within ten (10) business days after the hearing officer’s decision was final to the appellant, city planner and each interested person who has requested a copy of the appeal record in writing.
D. Each appeal record shall be kept in accordance with the city’s records management policy and shall be open to the public. Documents or other information considered by the hearing officer, which were not part of the appeal record, shall become a part of the record before the hearing officer. (Ord. 04-72 § 7, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
__________________________________________________________________
16.36.100 Judicial review.
An interested person may appeal a decision of the hearing officer to the superior court within the time prescribed in the Alaska Rules of Appellate Procedure. (Ord. 04-72 § 8, 2004: Ord. 02-46(SUB)(AM) § 8 (part), 2002)
AS 18.50.250. Permits.
(a) The funeral director or person acting as the funeral director who first assumes custody of a dead body or fetus shall obtain a burial-transit permit before final disposition or removal from the state of the body or fetus and within 72 hours after death, except as otherwise authorized by regulation for special problem cases.
(b) The local registrar of the registration district where the death occurred shall issue a burial-transit permit when a certificate of death or fetal death has been filed in accordance with this chapter, except as otherwise authorized by regulation in special problem cases.
(c) A burial-transit permit that accompanies a dead body or fetus brought into the state is authority for final disposition of the body or fetus in the state.
(d) A permit for disinterment and reinterment is required before disinterment of a dead body or fetus except as authorized by regulation or otherwise provided by law. Upon proper application the permit shall be issued by the local registrar of vital statistics in accordance with instructions of the state registrar.
13.24.010 Definitions.
As used in this chapter:
“Burial disinterment permit” means a valid state of Alaska disinterment and reinterment permit allowing the removal of a deceased person’s remains from a grave in any of the cemeteries.
“Burial permit” means a valid state of Alaska permit allowing the burial of a deceased person in the cemetery.
“City cemetery” means the several tracts within the Wasilla Aurora Cemetery described as Parcel 1, 2, 3, 4 and 5 of Plat No. 63-22, dated August 2, 1963, Palmer Recording District encompassing an area of ten (10) acres more or less.
“City clerk” means the Wasilla municipal clerk who is responsible for all permits and keeps records for the cemetery.
“Department” means the Wasilla public works department or its director.
“Director” means the director of the Wasilla public works department.
“Grave” means the individual place of burial.
“Grave preparation” means the excavation, backfill and removal of excess material from a burial lot and replacement of the turf.
“Grave reservation permit” means a revocable use permit to reserve a lot or lots in the cemetery.
“Irreducible fund” means a special revenue accounting fund, the earnings of which shall be used exclusively for cemetery maintenance, operation and capital improvements.
“Lot” means a parcel of land within a plot for burial of one or more persons, as designated by city regulations.
“Plot” means a ground area containing four lots or as shown on the official cemetery plats.
“Remains” means any part or parts of the body of a deceased person. (Prior code § 13.16.005)
13.24.020 Purpose.
The city assumes cemetery powers to serve the residents of the city as set forth in AS 29.35.010. (Prior code § 13.16.010)
07 AAC 05.540. Disinterment
No body shall be disinterred for removal to another cemetery, or removed from a permanent vault for movement to another location, without a permit issued by the recording magistrate of the recording district within which the body is located, in accordance with the instructions of the State Registrar. All other health and transportation requirements shall be fulfilled. The State Registrar shall determine what necessary records must be kept of such movement, both at the place of disinterment and with the recorded and original certificates of death or fetal death, and he shall designate the form or forms to be used. Such permit shall be authority also for reinterment or other final disposition of such body and for transportation thereof.
In cases where such disinterment or removal from a vault is necessary for an official investigation, the usual court order shall serve in lieu of the permit required herein.
Authority:
AS 18.50.250
3 Native family members , "Tom" (Native), William G. Moffat- Family Rep John Moffit III, David Reedy - Family Rep Connie Reedy, Frank Dougherty-Family Rep Colleen Corrigan
Death certificates should be available at vital statistics in Juneau. These permits will have to be in place before any digging looking for bones begins.
07 AAC 05.540. Disinterment
No body shall be disinterred for removal to another cemetery, or removed from a permanent vault for movement to another location, without a permit issued by the recording magistrate of the recording district within which the body is located, in accordance with the instructions of the State Registrar. All other health and transportation requirements shall be fulfilled. The State Registrar shall determine what necessary records must be kept of such movement, both at the place of disinterment and with the recorded and original certificates of death or fetal death, and he shall designate the form or forms to be used. Such permit shall be authority also for reinterment or other final disposition of such body and for transportation thereof.
In cases where such disinterment or removal from a vault is necessary for an official investigation, the usual court order shall serve in lieu of the permit required herein.
Authority:
AS 18.50.250
|