Albany City Commission OKs Islamic Center cemetery

ALBANY — Despite implied threats of a lawsuit from a former city commissioner and concerns from citizens about property values and health hazards, the Albany City Commission voted 5-2 Tuesday night to allow the Albany Islamic Center to build a 123-plot cemetery on property the center owns at 711 W. Highland Ave.

With Ward I City Commissioner Jon Howard citing the commission’s legal responsibility and Ward III’s B.J. Fletcher assuring citizens that she will do “everything in my power” to make sure the Islamic Center adheres to conditions established by the Albany-Dougherty Planning Commission, the board ended a lengthy discussion of the hot-button issue by voting to approve the cemetery.

“No matter how we feel personally about a situation, we should not, as elected representatives, allow our emotions and personal feelings to get involved in our decisions,” Howard said. “(The Islamic Center) met the 10 criteria that we’ve approved, and even though a lot of us may leave here mad and frustrated tonight, with our city attorney (Nathan Davis) telling us we have no chance of winning a lawsuit if we refuse this special request, I’m going to support this measure.”

Fletcher, whose comments were interrupted by former city commissioner Arthur Williams, who told the board “citizens can bring lawsuits, too,” said she expects the center to abide by the conditions it agreed to, including burials at a 6-foot depth and the use of six-sided concrete burial vaults.

“I’m going to do everything in my power to make sure these conditions are met,” Fletcher said. “But because I want to keep our taxpayers out of a lawsuit, this request will get my support.”

Citizens argued, among other issues, that the Muslim method of burial — which includes no embalming, typically shallower burials and usually no barrier other than a cotton or linen shroud between the body and the earth used to fill graves — might taint the city’s groundwater supply.

“I’ve done the research, and there is nothing whatsoever that indicates burying a body naturally — a so-called green burial — poses any type of danger,” Mohamma Okashah, the president of the Islamic Center, said. “But we have agreed to the conditions set forth by the Planning Commission.”

Addressing concerns that no one will actively monitor burials at the cemetery, Center member Umar abdal Aquil said, “I don’t think anyone can say we’re not keepers of the trust.”

Davis provided case law that supported his contention that the 10 criteria used by the city to determine the impact of special approval “exhausts” the discretion of the board when considering such a request.

“By passing an ordinance setting the 10 criteria, you’re bound by them,” Davis said. “You don’t have the discretion you do in zoning cases. The Georgia Supreme Court upheld a law in 1972 confirming that ruling, and it has stood since. You can change your criteria if you’d like, but in this case you’re bound by them.

“If you don’t abide by these criteria, the city would be opening itself up to injunctive action.”

Also at the meeting, the commission voted 5-2 to authorize use of up to $414,504 in SPLOST VI funding to begin the design phase of an expanded sports facility at the Paul Eames Sports Complex. Ward V Commissioner Bob Langstaff suggested holding off on the vote until the county made a commitment to supply funding for the project, which will include a county-funded tennis center.

“Our thought was the county would pool its (SPLOST) money and share in the cost of this facility,” the Ward V commissioner said. “I’d like for us to have a meeting of the minds on this before we sign any contract. Because if we go ahead and commit this funding for the design of the project, you can bet the county is not going to contribute.

“I think most of us on this board expected the county to help with costs of improvements to the parking lot, bathrooms and concession stands.”

Ward II Commissioner Bobby Coleman spoke in favor of moving forward with the project.

“We’re worried about money? Give me a break,” the Ward II commissioner said. “This board just voted to approve a $281 million project, and we’re going to worry about spending $186,000 (the projected cost for Phase 1 design work on Eames baseball fields) for a project on the east side of town?”

Langstaff offered a motion to table the matter for two weeks, but only he and Fletcher voted in favor. A motion to approve the request was then passed.