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Residents, district put cemetery issue to rest at meeting

By Chris Vongsarath

The fight is over--for now.

For the past two months, lines were drawn between residents who live around Madronia Cemetery on Oak Street and the Saratoga Cemetery District, whose board members were interested in expanding the facility.

Those plans included buying the properties of Kathleen Boyd and John and Nikki Teeter. But with both owners refusing to sell and the possibility of eminent domain looming over the neighborhood, the situation has spiraled into a powder keg.

It has sparked a new neighborhood association on Oak Street and engulfed the previously little-known cemetery district in a media frenzy.

But at the board's Dec. 12 meeting, some progress was made.

"In the past several weeks, it has become obvious that some of the comments have not become clear in the community as to what our policies are and are not," said Phil Boyce, the board's chairman.

"One of them is eminent domain. It has not been the board's policy in the past 150 years, and it is not in the policy of the board to use eminent domain now."

Boyce and the other board members reiterated that sentiment several times throughout the meeting.

Boyce added that, "The board wants to clarify eminent domain, but obviously it hasn't been clarified to the neighbors' satisfaction."

The board members unanimously passed a verbal resolution denouncing the policy of eminent domain, but stopped short of establishing a policy for future boards.

Residents, although appreciative of the gesture, were ultimately unsatisfied with a verbal commitment and demanded something in writing.

"If you would just pass a written resolution not to use eminent domain, it would put this whole thing to rest," said Ray Persico, who lives across the street from the cemetery.

Board member Joseph Clevenger said it would be unreasonable for the board to exclude any options--including eminent domain--for the necessary expansion of the cemetery.

For further clarification, Boyce said the board's position could be outlined if it had a chance to speak with the owners of the two properties.

"There have been no negotiations on the property because we cannot enable a two-way dialogue," he said.

Moreover, residents point to the board's minutes of the past year, which show a discussion of eminent domain. Seeing eminent domain on record has left residents skeptical, even with the board's assurances.

Gary Reed, general manager of Madronia Cemetery, said the eminent domain discussion has been misinterpreted.

"We wanted to approach two people about their properties, and we discussed eminent domain, but only as possible advantages to the seller. We were not necessarily going to use it," he said.

But as far as Boyd and the Teeters are concerned, there is no change in their positions and no other options to consider.

Theron Schaub, Boyd's son, told the board that he would like his mother's property taken off the cemetery's master plan.

Previously, at the Nov. 14 board meeting, Boyce showed the audience that the district's original master plan, which looks 40 to 50 years ahead, included the Boyd and Teeter properties. With Boyd and the Teeters unwilling to sell, Boyce said he has to account for that change in the new master plan.

Furthermore, as the board members work with a consultant on the master plan in the next 12 to 18 months, the community has been invited to provide input, Boyce said.

Boyce also apologized on behalf of the board for the poor communication. He said it was never the board's intent to exclude the neighborhood from the district's plans.

Persico said this meeting took a very different tone from the one in November.

"The [board's] whole demeanor was different. At this meeting they were taking us more seriously and were more willing to involve us in the process," he said.

Although there was some clarification, the issue is still far from resolved. The neighborhood's unrest has not subsided, and the lines of communication seem damaged.

"Your lack of communication with us after we gave you a letter leads us to be suspicious as to what your plans are," Boyd said, referring to the initial response she gave the district about not selling.

John Hollingsworth, one of the organizers of the neighborhood association, admitted there was progress at the meeting, but he and the other neighbors are still not satisfied.

"They could have been much more precise and address some of the things [people] indicated in the meeting, and they didn't do any of those things," he said. "Now, my sense is that they're just going to maintain their flexibility and not commit themselves."

"However, given what they have done to date, it is incumbent on them to go further. If [eminent domain] was really off the table, then take it off the table and be clear about this."

Although the heated issue has simmered down for now, it will soon be revisited--this time by city and county leaders. The Saratoga City Council is still looking to meet publicly with the board members, and the Santa Clara County Board of Supervisors--the body that appoints but does not oversee the board--is checking its legal counsel to see what it can do.