Prospect Hill Cemetery officially transferred to Lebanon

The Prospect Hill Cemetery, now under new management, fills up with snow Friday in West Lebanon. (Lebanon Voice photos)

LEBANON - More than a century after the Prospect Hill Cemetery became a West Lebanon burial ground, and after 52 years of stewardship by the nearby town of Milton, the graveyard was officially transferred to the Town of Lebanon on Friday.

For Milton Cemetery Trustee John Katwick, who oversaw a 10-year effort leading to the transfer, it was the culmination of a project he has spent countless hours on over the past decade.

"It's a relief," Katwick said after signing papers with Lebanon selectmen and presenting a check to the town of almost $23,000 in Perpetual Care funds.

The transfer to Milton came under what has been characterized as a "questionable" arrangement back in 1965 when the Prospect Hill Cemetery Association requested that Milton Trustees of the Trust Fund take over the Perpetual Care funds, which are collected as a percentage of the cost of a burial plot.

Milton Cemetery Trustee John Katwick, second from left, hands over a Perpetual Care funds check to Lebanon Treasurer Jordan Miles, while Lebanon Selectmen Paul Nadeau, left, and Royce Heath look on Friday at Lebanon Town Offices.

Milton trust fund trustees agreed, and as part of the transfer, Milton had maintained the cemetery for the past 52 years, with its Public Works crews crossing the bridge into Maine to mow as well as perform seasonal maintenance to keep the property orderly and attractive.

Milton cemetery trustees also made necessary arrangements regarding the burial process itself.

But for years now, Katwick had reservations about the arrangement, especially with regard to liability issues with Milton town workers performing tasks - not only in a separate town, but a different state.

In 2014, efforts to transfer the cemetery moved into high gear with selectmen from both towns agreeing in principal to the switch of ownership to Lebanon, given the liability and other issues regarding Milton being in charge of an out-of-state entity.

After three years negotiating various regulatory and legal hurdles, the effort came of fruition with Friday's meeting between Milton and Lebanon officials at Lebanon Town Offices.

The cemetery, a bucolic, peaceful five and a half acres at the top of Prospect Hill and only a couple of hundred yards from downtown Milton, holds about 1,500 souls, Katwick said.

There are no plots left for sale, but several sites are still reserved for family members, he added.

The cemetery was first created in 1913 when a group of seven formed under the direction of Henry Durgin, who donated $375 from the estate of Ira Knox.

Then in May 1917, the site was deeded to the private Prospect Hill Cemetery Association for $1 from Henry and Alta Durgin and Ella and William Hanes. It was managed by the association till 1965, when the switch was made to Milton.

It's estimated the cost of maintenance for Lebanon will be about $1,750 a year, with the majority of that being paid for with perpetual care funds.

A copy of the agreement can be viewed below.

The Milton Cemetery Trustees and Board of Selectmen from towns of Milton and Lebanon met on 03/24/2014 to review the transfer of the Prospect Hill Cemetery perpetual care funds for the cemetery in Lebanon along with all responsibility for the annual care and upkeep of the cemetery. Both sides agreed that Milton cannot continue to pay/control/accept responsibility for an out of State entity and cannot accept the liability nor violate the laws of NH in its operations. Milton Cemetery Trustees developed a team to legally make this transfer consisting of, Milton Cemetery Trustees, Milton Trustees of Trust Funds, Milton Lawyer, Lebanon Lawyer, and N.H. Attorney General Department of Justice

Feb 12/2015 Cemetery Trustee Project leader John Katwick sent the complete History for the Prospect Hill Cemetery with all documentation with team analysis to N.H. Attorney Generals Department of Justice for their review. On April 10/2015 Thomas J. Donovan, Director of Charitable Trusts responded that the documents were quite complete and helpful and on Sep 7/2016 Mr. Donovan accepted the cemetery trustee's analysis and recommendation regarding the transfer of the Prospect Hill Cemetery real estate from the Town of Milton, NH to the Town of Lebanon, Maine with Mr. Donovan's proposed solution as follow's.

Before the transfer takes place, the two Towns agree to the following Memorandum of Understanding between both Towns.

1. Milton agrees to convey and Lebanon agrees to accept and administer the perpetual care funds for the Prospect Hill Cemetery.

2. Milton shall convey the Cemetery to Lebanon through execution of a release deed.

3. Lebanon agrees that the perpetual care funds may only be used for the maintenance and upkeep of the specific graves which have a perpetual care trust fund and for no other purpose.

4. Lebanon shall be responsible for all maintenance and upkeep of the Cemetery in accordance with terms of the perpetual care trust funds.

5. Lebanon may maintain and upkeep graves in the Cemetery which do not have a perpetual care fund, provided that such maintenance and upkeep is funded by separate town funds.

Effective 3/24/2017 the Memorandum of understanding between both Towns have been approved by Milton and Lebanon and all agreed transactions are completed. Future services needed for Prospect Hill Cemetery, please call the Town of Lebanon 207-457-6082.

Respectfully Submitted

John Katwick, Milton Cemetery Trustee.