Flomaton cemetery trust heads to court

J.R. Jones has agreed to pay the legal fees to update, amend or change the perpetual trust and its board members for the Flomaton Cemetery that was first approved on March 26, 1960 that now doesn’t meet the upkeep needs of the cemetery.

When the original agreement was filed through the Escambia County Circuit Court, the postmaster, president of Escambia County Bank and the mayor were named as trustees. The agreement said the three could authorize spending only the interest to maintain the cemetery. Today, the principal of the trust is about $200,000 and with low interest rates, there is not enough money to maintain the cemetery.

Also, once Escambia County Bank was sold to AmeriFirst there is no president of Escambia County Bank.

Jim Justice appeared before the Flomaton Town Council Monday night concerning the condition of the cemetery.

“It’s not in good shape,” Justice said.

Justice noted that when the original agreement was drawn up it was assumed the three positions of mayor, postmaster and president of Escambia County Bank would be stable.

“Like the song says, ‘Times, they are changing’,” Justice said. “The postmaster’s job back then was a political appointment, but now it is a civil service job and any postal worker can apply for it if it becomes vacant. The postmaster does not wish to serve, so that position is vacant.”

Justice also noted that since the position of president of Escambia County Bank no longer exists it only leaves the mayor as the sole trustee.

“After talking to Mayor Bondurant, it seems to me he does not wish to serve because he has no say-so on how the funds are spent,” Justice said.

Justice said he talked with Jones, former president of Escambia County Bank, Jones told him he went to an attorney in Brewton and the attorney drew up a new charter that would solve the problem.

“One was to create a new three-member board and was to create a five-member board,” Justice told the council. “Mr. Jones said he would pay all the legal fees. Mr. Jones said he presented these proposals to Mayor Bondurant and asked him to pick one and he would have the process started. He said the mayor refused.”

“I have been trying to get something done to have some sort of committee take charge of the Flomaton Cemetery since 2001,” Justice said.

Justice said he held a meeting at his house involving concerned citizens and Jones informed them there were two cemetery funds: one was restricted to only spend the interest off of the principal and the second was unrestricted that was used for the upkeep of the cemetery.

“When the fund was started, banks were paying a high interest rate but now the interest rates are very low,” Justice said.

“I’m not sure what the town of Flomaton can do, but I think a cemetery is an essential service to the citizens, as is water, but that’s just my opinion,” Justice added.

Flomaton’s Town Attorney Chuck Johns reminded the council and the audience that the town does not own the cemetery property and can’t legally spend any town money on that property.

He said the trustees would have to petition the circuit court to address the function of the trust fund.

He noted that money given to the trust was donated tax free and it should remain tax free.

Johns said the best course of action would be for the remaining trustees to petition the trust to pick an option on the trust.

Johns also said family members who purchased lots in the cemetery could also petition the court.

“It’s not a town function,” Johns said. “I hear Mr. Jones agreed to pay the legal fees.”

Councilman Jim Johnson said the original agreement stated that the cemetery fund’s financial statement was required to be published in the newspaper every five years, but that has not been done.

Mayor Bondurant said he had agreed with one of the options.

“Irene and I have spent a lot of our personal money up there,” Mayor Bondurant said of the cemetery. “We paid out of our pockets to take down the rotten trees.”

“I don’t know,” Bondurant said noting he had agreed on an option

Jones said the petition to the court needed to come from the mayor and the postmaster.

Johns again said any interested individual could petition the court.

Councilman Johnson asked what happens if the postmaster refused to sign.

“She needs to say something,” Johns said. “The remaining trustees need to petition the court. The town can’t do it.”

It was also noted that there are no more cemetery lots to be sold but there is some additional land that could be purchased.

Mayor Bondurant said not much could be done unless the road was paved.

“The road is atrocious,” Bondurant said. “I don’t know what to do.”

Councilman Roger Adkinson questioned why the issue was being discussed before the town council.

“The first thing is to get it out of the hands it’s in right now,” Adkinson said. “We are wasting our time right here because we can’t do anything.”

Jones suggested when the board was restructured it be done like the library board with staggered terms.

“We’re just beating a dead horse,” said Councilwoman Lillian Dean. “It’s time to move on.”