Concerns raised about how cemetery funds are being spent

SHARON — Should money in the East Side Cemetery fund be used to maintain all the cemeteries in town and not just one cemetery —whether or not those other cemeteries need the money? This was an issue that was debated, but not decided upon, at the Board of Selectmen’s regular meeting on Tuesday, Aug. 11, at Town Hall.

At the meeting, Helen Hatch, who is a resident of Venice, Fla., but a native of Sharon, spoke to the board about the history of the East Side Cemetery Association, which was dissolved in 1989.

Along with Eleanor Choinere, Hatch ran the association after her aunt, Mary Smith, passed away. The association approved burials, arranged cemetery maintenance funds and managed the funds.

“In the late 1980s, we decided that it was best to obtain the assistance of the town in managing the cemetery,� Hatch said. “We were aware of the problems older cemetery associations had encountered and wanted to avoid them. We knew that the town would always be there to manage the cemetery and the burden of the town would be minimal because there were enough funds in the cemetery’s account to handle its financial obligations.�

Hatch said that after an agreement was signed between the committee and the town,the committee transferred the assets of the cemetery, including an endowment of $200,000, over to the town.

“However, we have since learned that the town has used East Side Cemetery funds for other cemeteries in town,� Hatch said. “This was not under the original agreement. Under the original agreement, the town was to use those funds only for East Side Cemetery and not for other cemeteries, including private cemeteries. The misuse of these funds is of great concern to me and others with relatives buried in the East Side Cemetery.�

First Selectman Malcolm Brown said he consulted Town Attorney Judith Dixon, who said that the funds of the cemetery belong to the town.

“She gave us the opinion that the funds could be used for all cemeteries,� Brown said. “According to the document that was signed [in 1989], the cemetery itself and its assets were given to the town. The document that Choinere signed said the assets were to be used ‘for cemetery purposes.’ It doesn’t specify which cemetery, and that’s why this is a legal question.�

Resident Glenn Dennis told the board that over the years the interpretation of the agreement has been changed.

“The statements [in the agreement] have ballooned to the point that there’s an assumption that the funds can be used for other cemeteries, whether they need it or not,� Dennis said. “I found out that the other cemeteries in town, about 98 percent of them, are all private and all have their own funds, but were given annual payments. This is what we disagree with. If these other cemeteries already have their own funds then why should they be taking out funds from the East Side Cemetery?�

“According to the documents, the town did have the power to spend money on cemeteries as it chose,� Brown told Dennis. “Judy Dixon wrote to me in 2007 that, from her interpretation of all the documents on file, the town could spend the fund on any cemetery it chose.�

There was no resolution to the situation at the meeting.