Minutes 11-29-01JOINT CITY COMMISSION AND 'CEMETERY BOARD WORKSHOP
"HELD.IN' THE LIBRARY PROGRAM ROOM ON
THURSDAY, NOVEMBER 29;, 200~1 AT. 4:30 ..P.M.
' ' BOyNTON BEACH,.' FLORIDA
City'COmmission
Gera!dB.r°ening',. Mayor
Mike. Ee-r§~son~:Commissioner
.Chad!e Fi.s~e]~,.c0mmiSsion er ·
:MacK'M~:ray~. co.mmissi0~er
Cem.ete~.~Board
DaVid.;~q 8iSt~,Chai rman .
jaBe('~P~i(o,..:secretaW
Teresa:Frazier
Aisc Present
Ku rt. B.mssner,. City. Manager
Jim .:CherOf, City A~torn'ey
Tereesa Padgett
Ods Walker
John Tined (,rrived/ate)
'!. CAEL TO ORDER & INTRODUCTION
Mayor Broening called the meeting to order at 4:39· p.m.' and·stated that the purpose of
th~: meetin!~'. wa~s:.to :.establish a dialogue with the Cemetery Board that addressed the
cur. rent'Stat:u'S .of-the cemetery and its future direction.
II. OPEN DIScuSs]oN
Chair Nyq.u.ist. stated' th:at the. Board had asked for this meeting several months ago and
that. their oi~ly COntel'n-Was the expansion of the cemetery at Boynton Beach MemOrial
Park.. 'ThiS~:"iS-.;the on.!y item they wished to discuss :at this meeting. Mayor Broening
stated.that 'they could star[ with that issue.
Chair Nyqu]st Offered '.to distribute a one-page summary of exCerpts.from past meetings
.to-the.Con~missibne~s.. Mayor Broening preferred to focus on the current situation and
· obtain a ;c ear tdndersta.nd, irig of it. He wanted to'know. Where the responsibilities of the
Cemetery; B~a~d and the city oommission begin and .end and he wanted to explore the
Current.cerfletery operation and funding from today's perspective.
Mr.. Chemf'repc?ted: {~.t'the last. Comm'ssion action, Ordinance 98-22;'"did two things. It
.abolished;the Cemetery Trust itself and transferred those funds.to a City fund and it also
abolished.'[iie '!Board of .TruStees, It .did not abolish the Board of Governors. What
suW!ved:.in i~hat .lasti'Ordinance. was .a description of the genera] poWers, of the Board
which 'is .i) .to.establish rules and regulations for. the management and contro! of the
cemetery ar)id 'the mausoleum and 2) to conduct business consistent with the. stated
purpose .of. C.e..mete.riies. which is in the' General Provisions contained, in the Code .of
Ordinar~Ces! ' T.he Board !s empowered?to .deal. with the .daY-to-ciay rules and regulations ·
and olQe.rati0rial .asPects :but the Ci~ty controis .: the funds and, in most cases, the
· manPower necessary to 'do that. ,
Meet~ing Minutes
,Joint,. city comm!ssion/Cemetery 'Board ,Meeting
Beynton · Beach ;':Fie,ride .,
November 29,. 2001
Mayor, Broening .understood thati the Cemetery' Trust Fund is dedicated solely to'
cemetery' oideratiOns .and perpetual maintenance of the existing, cemeteries and. may not
be used :for'.Cap.itat purposes, Mri Ol~erof commented .that this was correct i and 'that it
had .'t~een ?established': by-Ord.inande; 'Mr. Bressner stated there .was,',$3:.8M available'for
perpetua! care. and .main{enance and the dilemma was that. these fundS were not
available for .expansi.e~. He did r~ot kn°w if .:there was any. legal way to' iln'ct.u'de the
purpose .of' expansion, -Mr. Cherbf responded that .if the Commission So desired, an'
Ordinance' Ceu:ld.'be: written that allowed. ~some' of the Trust Fund monies' to be used for
expansion, purposes.
M:ayor :Broening~neted'..that:,the iS~;Ue-was..find.i.ng.:,a way'.to expand" the cemete~ for, the
future and. ~at.'.ihO~ .!t~0: .g~t :.the.reI was...;th.e~ ;b;asis..::.f0r: ~e. d.i~i~gue,', es'tablished .at this
meeting.-. MayonB'roehing expres~ed '~he City.:OO~miSSion's b0~:mi[mbht to. asiSi~'ti'n the
resolution of' this. issue.
Ms. Tereesa,Pad!get;t:-.Q~.the'Cemetery Board, stated.that she had .been on the Cemetery
Board'since .195:9 and. ...that. it Was always understood, that the expansion of'the .~:emetery
to the. ~est wou:.ld.,.,ta:ke ..place one: .day. This'. ~a.s. based on the support of earlier
Commissions..Sl~e 'ask..ed..for~..an Ol~portunity to share, the excerpts from.mee(ir~g.minutes
from. the past~ that. erb~'DO, di;ed d.is:c~s ods ofl.th: S concept, Mayor Broening. received and
distributed .the excerpts to' the {Oity Commission. .Ms, Padgett, advised -that the
Recrea:tion .DepaCtme~'t. arid Water,; Departments were aware of: it, The Cemetery Board
did not'want'to wait .uBtii: there, was no room in the cemetery:, and ' have n~. place to bu~y
the Ciey~s dead., if. the' Cemetery iBoard .do~s:-not work for expansior~ of,:the Cemetery,
and if-the.OitY does not he~p.-.t;he~ U0 t,. t wi[I;'not get;done 'She thobght'tl3e ~:esi~dents of
this City.were entit ed::.~to.be buried in the Oity and could not. conceive;of any City in this
day arid .age that wou. l'~l not pro~i'd .e a place to bury its dead,
Ms.-Padgett ,commented. ~hat the idea. Of having a Fund; to take.care of. the maintenance
of the ,Cemetew Was.'.to :allow the interest to build up so that when there. Were !no more
taxpayers p~.tti, ng-mOney !nto .the'Fund through' lot sales, money would, still be available
for the maintenance fucictbn:in perpetuity.
Ms. Pa.dgett commented on .the cemetery funds ooin~ into the Cifv's funds sa~4nn that
they were'spiKting'!fuhd~.~li, the 'ti~e.ahd that-it W~s ~t as f the ~'it~ was' ~'ayi~ ~11 the
expenses of the .c~m'eterY, 'The' B~ard:'has uever I~een able to get ar~ 'itemized .budget of
what itactuatly costs to oPer'ate' the.two cemeteries.-, not what it costs the Recreation &
Parks Department an¢. not-what. ~it.costs the General. Fund -- but the actual expenses.
She stated that if anyone., had ~l~at, the Cemetery Board would like to have ;it, Mr.
Bressner believe:d: Bat. this had been .prepared'. and was avai[aJ31e and that was how he
calcula(ed .h°w much'Of ;a Subsiey the Gene?2r"Fund had' p'rovided"~er .the' last three
years. Ms, Padge-tt .stated :t~at thi~.'Ceh3etery ;Board. did not agree with those figures, but
that they could ddt prove.it So thay co. uld n'o~ argue about it. 'Ms. Padgettadvised that
MS. Reese had:tol:d the .Board at-Es last meeting that:the Finance Department would be
providing itemized' s:tatements an~: they were :,looking forwai'd .to knowing exactly what t
costs to run .the cemetery. Mr. BressneF thought this had been in the'. budget:for this
year. s, Reese ~satd,.ti3'at'when :~h'ey prepared the budget this' year, they:.did' estimated
costs for the .cemeteW.." base¢ on,costs provided by John Wildner. if.the figure was, for
example, $17,000;'fo~.af~.i;..tem, the~e might'nol~ be invoices 'to match that exactly because
Mr. 'Wi[dner's dep~rtme'nt',did th8 ~rdedng.
2
Meeting'Minutes
Joint City CommisSion/Cemetery Board. Meeting,
Beynton Beach, Florida
November 29, 2001
Commissioner. McCray recalled his 'own Cemetery Board experience and stated that
they sometimes got. repo~s too [0ng .after. the. fact and asked 'the' Board how that was
.g0ing:~t0day. :: Ms~'Padget~-~rep[ied that most..¢-'the .time the 'reports were .up-to~d~te~ Char
~Yq~[st'stated'th&t.',~he~'.had:aiready'neted!that..the budgeted amounts, will be' over-¢un,
refb;r~'~g tO i~ine'."lte'm' .527~ "E~uinment Pa~[s ~. e,':,,.,,~,,;~,' '..".:~.;_,. ,:_.~ :. .... '.' '.' ,.
ti "'"' ' '= ...... :" ""' "" '"~ ~' " ... .... . ~,.~p~,,.~o, w,,~;, .,.~'a managers
es ima~te, of$'~,500 'and.an:'OCt0ber:expenditureof $40l. When ~e money ~as gon~, he
di.d ;n0t:knOwh~ow th~':indMdual.-accounts WOu d': be funded. 'He did' feel .that things :would
be;!bet~er, wi~en'.t~e 'he~. sYSiem':in~tituted .:b~:..-the:'. Finan:be: .DePadmer~t:~was..in ?p,~ce;..Mr,
B:rebsn.er respon~[ed~tha~?_.e mOneY wo~ld.:com:e fmmthe ~ust FUnd.: Ms::'Reese .noted
tEat "t~b' ce~ete~;.:.~0ar!d ~ 'du~get..has $1i~89K to be.used. "for:. conti.ngencies '. and :t~hat
mOney:'w6uM"bei't~an~fe~res{~6m this'tb..ind.i~id;baj, a¢~0UntS, a~ n.e~ded.
Mayar.:Br.oer)jng. reminded the..par~iciPa~tS~that.the~.issue.on the'table was that of burying
the:Ci~.'s'dead and:: ~bat .was. goir~g .tO be dbne ab(~,,a.~t, expansion of 'the cemetery or
ce'mete::'r, ieS. !He .-ment!.bSe'~l .~i!at· the' Little: League:' .BallPark' to 'the west has some
wellfields. He did not knd~,..if L.Ju;ie Leagu:e: Pa~k .could :move some~zhere' else but. he did
not want to see any-:ce'mete~: expansJbn :unt:!l Utt e'League 'P~aFk h~d been relocated.
The:p.otentia[ exists,~o-:,r.:.e[oCate. !.;[ttle League ~arl~ but 1;here.,:a~e nO SPecific plans, or.any
t[me~able to .~ccomp:iii~,.[:~' A;f some poiat i '.n'. ti~e 'the Ci~y might be re~luired ~o shut down
the eastern ~elJs [~.Ut h'e .did not. know Wh~r~ 'that-might..be~: He'believed that what Was
miss:ing was..:a complmhe~.Sive plan tha~4ncl, uded:'all of..~he ~elementS. :that are necessary
to':aCcdmmoda~e.all ~f~!~e'~ery. essent'ia~ reqluiremen~[s: He believed' that ~he cemetery
Board ~eectei:! t°'come'i'Up ~ith :s0'me'poi~icyi~iebisions. ' '
Mr. Bressner...feft.ther. e~were two pO[icy issues - one. on the Cemetery BOard's side and
one o~.the'.City Comlmi~s~'ion .side. On the Cemmiss[0.n si.de,.the Cemetery 'Board needs
to ,direct' the City 'Cb~i.S~ on to look. at alterna[i~e'sites, for'the Little' League FJetd, if the
Board. Chooses if9 de' .that. Mayor Broening thought they Should direct the City
Commission ~to see.k.:alternative sites for cemeteries, not necessarily including Little
League F!ieldl He,also ino~ed' that'Sara Simms was currently und.eruti.lized~ Mr. Bressner
stated."that the. Cemetery iBoard n~eded, to ~m.ake' some policy .:decisiOns, .spelling 'out
whether, it wanted t&i, ::~). censide'r multip e injermen~s,.'2) reconfigure the.~oadways in
oynton.-.Beach Memorial. :,to .free. up sp~ace,, 3) consider restricting budats: to City
residents,, or ~t):upgra~e's~ra simms 'and r~activate it.
Ms. Padgett reported that' work on the Sara Simms enhancements and discuss ons on
limitingi :.burials to" Ci~ residents were both underWay at this .. time. As to multiple
interments~ MS; Padge~t..belieVed that 'Water WoUl'd be hit at six feet in. this area. Mr.
Wildner noted that'tkiey-~h~ad.not hit wate~ at. six feet in recent buriais.
Chair Nyquist stated.~thatifanother cemetery were. opened, it Would requi~e andther crew
and:another; Fund. Wobl~l .haVe to be. established..He believed' tha~ expanding to the west
was the. mOs~ ' · .... "'" ' ' ' -
Iog!cal',.st.:e. p. Mayor Brden!~g did not think another Fund would have to be
established 'becau e th~.existing. OrdinanCe stated "cemeteries".(~lur~ ¢,.~,
thought: 'this "refe'r~'ed; :' tb..~Boynton Beabh'. Memorial' Park .' and. ~'~-'~im-r~;i' Nyc~u'ist
Mayor
Broening said the Or~t[nan'ce could be changed but the Fund would nol~ have to change,
He'agre~d. that it ~ou]d;take additional People to. maintain a new. cemetery and that this
had not been.coSted,.. : - .
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Meeting Minutes
Joint'City' Commission/CemeterY Boa[d Meeting
.BoYnt0n Beach,. Florida
November29,2001
Oha!r.NYqu!st stated:that'.even.if the Board: came up with some Stopgaps right, now, it
would take Several. years't°. get expansiOn;.to..lhe 'West. 0r'someWhere else. That is why
t6'e';Oemete.~y. BOa~d.:hadbe~in'.asking:.f0rlyears .for' some guidance. 'They wanted: to be.
told,wh.ether~-or: ~Ol~;they!We're gc{i.ri.g: to.b.e abjeto :e×pand ir~to the','Little League Parkland
and if'hot, they WiShed to 'kn0w.Wjiy not. ' ·
'Ms. Pa.dgett stated, ihat, they didact expect a .decision at this meeting. Commissioner
M~Cray.asked.. wher~:.t~e"cemetery, would be fiji and' ChairNyquist stated that it would
-probably.be ifull..Within: the :next fiVe.years.' .'Ma~Or:.Broening asked i¢ this 'included. utilizing
Sara:Simms:. a.~id !.¢h~ii(-Ny~luist,'.did., r{o~-belieye. -that.it did..':...'Mayor .Broeni~ig thought ihe
ce'mete~' Beard. w6b!d.:'l~e :te ~'give s,e:riO, us'.conSi~eration .~t0 .uibg[adj~g' and': marketing.
s~ra :Sjn~msM~6~i.al i~a~.~b'ris ~i~i. ~h'~.:beij'bV~l"that ~l~is Would be the responsible tli:ing
to .do.
Commissioner MCCray'spoke about the issue, of limiting burials, to residents only. He
belied, ed. thai 'if SomeOne already .l~.ad!.]o, ved..enes buried there,/.ihey wO iuid want to'be
buded lnear'them, ~gen' if riley had. mbved .Out 0[ ih.e. area. Chair' Nyqu.is~ ~0ught this
would' be Iike. a 'nomresident SituatiOn since' they had mOVed out of tl~e..area.'.
Ms. PadgetI'.stated t~hat they had always tried to keep .a[!i eye on .exPenditures. because
'they wanted' the.' Fund :to. last:and."l-i~andle the care of. lthe 'graves .in perpetuity~ They had
prom!Sed'PecpeiUal::ima n.ten'ance t01 tl~e 'peoPle that had bought IO~s:.,and. ~they. strongty
b'e]ieved that th s . must ..continue, Whoa .there is nO. longer aoy money ;going into the
FUnd, ;the' cemetery: Will fall 'into n'egi~ct :add:they did not want to See: ~hat=happen in
Boynton'Beach:. . .
Commissioner McCray' noted .'that .the Department .of Veterans Affairs was planning to
. u~ld .a: Veteran :s ~metery. out 'west in PaIm.'Beach county and that the Cemetery Board
mi.ght wish':tO take this under consideration in their'discussion ,of alternatives~
Vice 'Mayor'Weiland. noted. that' there was land available across the street and in the
vicinity of fhe Cemetery .that Was p0tentially.'aYa!la:51e for a cemetery without using Little
League Pai;k 'anal.that this Option COuld be expioreel ' '
Chair .Nyquist wanted informa.~ion .about. the active wellfields and-environmental
regulations May°rBroening stated that °n' the face of it there Were restrictions on
intermen:ts iwi~i~ 'a 'certain'distance 'of aCtive W. etls ~but deferred"to a ~echnicallexpert on
· the matier.' Mr..:Bressner noted that he had seen discussions from 1994 Wher{ the. issue
had been dis.cusSed 'With the City Manager at}the time, Mr. Scott Miller...Ch'air Nyquist
thought. Someone'-had .-mentioned :a WelltTeid .Protection Act. He baal'.tried to reSearCh t
and c6uld n°~. find. it.. Mayor .Bi~oening said. he W~)uld :like to know.t0o~'~'~"Mayor~. Broening
und.erS~0od that~ the Ci~y must, 'if t was going'to stay in the Cemetery. business, improve
its capacity and ..he ".thought the prc~blem WoUld~ be perennial. He lacked, certainty,
.however, onissuessuCh .as the law .regarding..thel proximity Of burial sites to active water
wells.. Mr..B~essne~ ind cared' that the Utilities: Staff had stated that. th'ere .are regulations
Pr0hibiting ~hai.' 'Tiie'Utiliti:es Department'did nc~t have'a 'representative at this meeting.
Chair Nyquist. aske.cl.-fbr a copy'of the regulations covering wellfields and burials and Mh
Bressner ~bffered tc~ get the're, ' · .
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Meeting Minutes
J.0.int Oit?.oommission/Cemetery Board Meeting
~n{or~.:aeach,. Florida
November 29, 2001
Mayor.. Br0ening .stated that the City'C0mmission Was looking to the Cem'eten¢, Board to
come up with.a se( of alternatives, about expansion. He also believed that at some point
in-the 'future¢ .'t. he eastern 'wells might dry up but .that 'th .... '
dependent On th'e'.~weSfem ' .... .. _. ~-_ e t~ :m..e..for: th~s was uncerta' ·
....... .wells expand.,n to'acco rnbr~. ,N~, '---.;, * .. . m and
the' expariSion :~o :'the~.E,.ittle.:i~eagUe. g m ..........,~. uity's requrr;ements..if
done .se~ieS~lY',; 'sb ..,~.s !' n~i' .to "" park land Were':t0 'be allowed; '. it. Would have to ;be
CiTM's::~ "" ' ' "-'-': :".' ', ..... · dls;[urb .anoth'er-'ve .. Vital
.fY Youth. No..one on't" ... ~. ~. .... ry. commun~ty.com o '
~,~,.. ..... ,.~ ......., . ,. h..e, C!ty Commission has ...... ~.._ ..:, ...... p nent, .the
,=~uv~w~,nappe.n .. . · · · ' · : ' ,. , '~-~' --~- ~ea or'when'any of the ·
Mayer 'B[eenjqg .asked. the .Ccmetery.,.Board,.,to leek. at alternatives, He asked staff to
Cv~:;th:e::.:Ci~.:.'Cbm. mission .a~d 'the"cemete'ry,.Boa.rd. deft ".- ..'?
'Commissioner .M.~Cray.said 'that the 'City 'COmmis · ...
· cBi~dtto..g, iye.th,;e..Oit~i.comrn.i~siOn, direct[0':: :.Be. su"~!~te~"a.s :.:[o:~king to the Cemetery
. o.f~,d..out Wh.~t"the~-h~d :(J0&e 'ab;~[:','~:,~ . 'g~l.:. '' ...:th.¢,.:the Board. Cqntact other
..... .. : ~. u~'~.s problem and;.te"'come.back and share
theii~ infOrma(io~. ~/i~h .:the. 6itY:: Com~niSSied~ ': -¢he~;;h~d, been...p~[~on the BOard because
they were';.expe~. ~r~..tha~,' .field: 'a"d 'the CitY: 'Oom~isS[dni was .lo0ki,g: tO them for
g.ujdance so'it C°uld .make. an: informed: decision, on :the.matter. ' -
.Mr. Bressner asked whether' the Cemetery.Board. a ~. ' . -..
o Tking;..0n I.oUby ng for. the' earliest Dos ihl¢,. ~Z~;_..nd t~e C~t.Y?0mm~ssion should 'be
~wayor.~roening th0.u.cfht..thiS wb' :.:.-" ~.s;~-'T'~r~!~sh.m..ent or ~e veteran'S, cern ' .
· . _ . _s. an: excellent point and th** ~, ........... ..; . etery_
some space. ' ' '~-',~ wuu|e-.oet-mi[ely preserve
Mr. Bressner distributed a. report prepared, by Ms. Betty Sangi in the City Clerk's Office
detailing the.number.of spaces at Boynton '
are Oc(~pji~d (969 of which are .occupied. Memodal Park. There :are 5¢098.-spaces that
by veterans); 1,544. are. reserved; and 1,216
are available. If the .Veteran's cemetery goes forward;, there might be an opportunity to
offer inducements for'tthe people who. have reserved:Jots (but have not used them) to
move to the Veteran's.; cemetery. This would recycle some 'lots that had 'been reserved
and make them available for Others to'use. '
CONCLUDING REMARKS
Mayor~ Broenjng said that the Commission was willing to workon this: .. They wanted the
Cemetery Boa~*d.to give them some options. They aisc requested that staff, g, iye. them
both*some concrete 'informatiOn and..options, He 'thought this COmmissJon wo~Jd move
on this at least in the next year. Commissioner McCray guaranteed the Board that the
next time they requested,a meeting, it would not take two years to achieve it.
Chair Nyq uJst said the meeting had been informative and was a good first step towards
solving the problem.
Mayo~ BroenJng .a~rmed that the Workshop had been good and that.it had allowed.fOr
candid 'discussion. He ap. predated.the Cemetery Board's. comin, t '
apologized for'this Commission or any. ~r ',- .... ,,~..,~-: ....... g o the meeting' and
~ ~. evl,,,~o u, ,~ u~a[ -,g~T nave.seemed to ignore
5
.JO[n't:'ci!y!: COmmisSion/cemetery Board Mee:tjng:
.B. oYr~tc~n/Bea?h; i Flddda
November'29, 2001
the Cemetery Board. He assbred .them that the City Commission was concemed about
this matter and would work towards resolving it,
CommiSsioner'McCray expressed a rec~
...... vetunte.e.r, serv ......... .. e Cemete ·
· .... .... : ... ,......... Ice. on-the 'Bo ~ ' - . .... .' ry. Board..memb- ·
C_.0mm~tment and .. deClica+;;,~,. ;~--; '. or-d' He ~eal~zed.: that. Boo,:,~ ~--~,~. .ers for. their
Chair .N~/quist,stated.that. the Cemetery .Board:. took their, duties. seriously and wished.. to-
Preserve.: semetb'./ng, for the future. They..loo/ced fe~va:r:d-' t6 meet~ng..With the ,City
' ConimjSsion. again. . ' .. .
There beiag, no furlh'er business to came befog-e the meeting, the. meefin.g..ad~:ourned at
5:20"p.m.
A'FI'EST:
Susan Collins
Recording SeCretary
.(one tape)
CITi' OF BoYNToN BEACH
6