Complaint alleges drainage issues dampen grave sites

The owners of the cemetery said they are addressing the problem.

Patty Helman, like many people during Memorial Day weekend, plans to visit the grave sites of her loved ones, including her father, a Korean War Veteran father.

Her father U.S. Marine Sgt. Wayne Neeley is buried at the Royal Oak Memorial Gardens Cemetery on National Road. Helman’s brother Terrance Russell is also buried there.

Helman’s visits are often marred by standing water limiting her access to the graves or preventing her from going near them, especially following a heavy rain.

“There is a water drainage issue out here at the cemetery and there has been a water drainage issue for many, many years,” Helman said, of Huber Heights. “When we have heavy rains it’s devastating. I come out there and I cannot get six feet to my brother’s or my dad’s grave because there is water up way pass my ankles. There has been times where it has been close to my knees.”

The problem has existed since her father was buried there in 1987, Helman said.

Helman said she has filed complaints with the Ohio Department of Commerce’s Division of Real Estate & Professional Licensing, which oversees complaints about cemeteries. Her latest complaint was filed on May 5.

“There’s still a water drainage problem in the Garden of Devotion area,” Helman said in the May 5 complaint. I opened a complaint with the Cemetery Commission due to the drainage problem. This was the second complaint I have filed with the commission.”

Frank Milles, vice president of StoneMor Partners L.P. in Levittown, Pa., the owner of the cemetery, said he is aware of Helman’s complaint and that steps are being taken to rectify the drainage issues.

“The problem occurs when we get really heavy rain and the area is slow to drain,” he said. “We installed a drainage catch basin out there and we ran a drainage line for about a 150 feet to tie into the drainage area from the county…That has seemed to significantly improve the area.” But, he added, “It’s not perfect yet.”

StoneMor, was given 30 days to respond to the state about the complaint, said Bill Krugh, state commerce department spokesman.

“The Ohio Department of Commerce Division of Real Estate & Professional Licensing works with both parties to resolve the complaint. If the complaint is not resolved prior to the next meeting of the Ohio Cemetery Dispute Resolution Commission, the complaint is placed on the commission’s agenda,” Krugh said. He added that the next commission meeting is July 16.

Helman said the cemetery’s method is not working and believes that allowing this problem to go on is being disrespectful to her father and other veterans who are buried at this cemetery.

“It’s very disrespectful, not only for all the dead, but for the veterans,” Helman said. “They would give their lives for us at any means and here they’re letting a veteran lay in water out there when he fought for us. I think that’s very disrespectful. It’s just not a grave or a marker, that is my family out there.”

Helman said her first complaint about the drainage issues was filed with the state in 1995.

Prior to the complaint filed this year, Helman also filed a complaint with the state in June 2014. “This cemetery has been owned by six different companies since 1987,” according to the complaint. “They have all promise to fix this water problem (never followed through) except this is still a problem.”

Milles said a surveyor the company sent to the property Wednesday is expected to give the company suggestions on what it can do to improve the area.

“It’s not like we’re ignoring the situation or ignoring this customer and the families in that area. We are trying to do something about it,” Milles said. “It’s not a swamp that lays there all summer. It’s slow to drain, but it does drain.”

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