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Minutes 08-27-02 CEMETERY BOARD MEETZNG HELD TN CONFERENCE ROOM C, WEST WTNG, cTrY HALL BOYNTON BEACH, FLORZDA ON TUESDAY, AUGUST 27, 2002 AT 7:00 P.M. Present David Nyquist, Chairman Teresa Frazier Tereesa Padgett Ods Walker Harold Blanchette, .left Livergood, Public Works Director .lohn Wildner, Parks Director Chris Roberts, Asst. Public Works Director Glenda Hall, Parks Manager Absent John Tineri, Vice Chair Janet Prainito, Secretary T. CALL TO ORDER Chairman Nyquist presided and called the meeting to order at 7:00 p.m. ATTENDANCE The roll was called and any absences were noted. Chairman Nyquist introduced and welcomed Commissioner Mack McCray and when he arrived, City Manager Kurt Bressner. III. AGENDA APPROVAL There were some items in the agenda packet that were not on the agenda so the Board decided not to approve the agenda but to proceed as the items appeared in the agenda packet. Ms. Padgett requested the addition of a discussion on "the circle." ZV. APPROVAL OF MTNUTES - 3UNE 25, 2002 Chair Nyquist pointed out that on page 6 in the last paragraph, "five or more acres" should be changed to read "ten or more acres." Motion Mr. Walker moved to approve the minutes as amended. that carried unanimously. Mr. Blanchette seconded the motion V. RECEZPT OF REVENUE/EXPENSE SHEETS - 3UNE & 3ULY 2002 MotiQn Ms. Padgett moved to place the .~une and July Revenue/Expense Sheets on file. seconded the motion that carried unanimously. Mr. Blanchette Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 Vl'. RECE1'PT OF SALES REPORTS - .1UNE & .1ULY 2002 Motion Ms. Padgett moved to place the Sales Reports from June and July 2002 on file. seconded the motion that carried unanimously. Mr. Blanchette VTT. UNFZNTSHED BUSTNESS A. Parks Department Report Glenda Hall, Parks Manager, presented the items in the August 22, 2002 Parks Department Cemetery Report. The items that were discussed follow; all others were presented in the agenda packets for purposes of information. Cost to Paint Wood Fence Ms. Padgett inquired how long the fence would be up and when Mr. Osborne would want to start on his other building. Ms. Hall had heard that the new building would be started in three years. Ms. Padgett noted that the fence with no gate was still visible to visitors to the cemetery and was unsightly. She also remarked about a pile of dirt and asked what was going to be done about it. Ms. Hall asked if she meant the entrance where they drive in and out with a tractor and Ms. Padgett agreed. Ms. Padgett noted that that dirt pile was still showing from the cemetery side. Ms. Hall stated that they could look into the cost of putting an appropriate style gate in the fence. Ms. Padgett realized that it would be difficult for them to have to open and close a gate each time they went in, but wondered if there would be some other type of screening that could be used. Ms. Hall stated that Parks would contact Facilities Management and report their findings to the Board at the next meeting. Motion Ms. Padgett moved that the fence be painted with a preservative type of paint. Ms. Frazier seconded the motion. Ms. Padgett did not suggest a color but thought that white would become stained from the water. Mr. Livergood stated that they would choose a suitable color. Chair Nyquist asked when it could be painted and Ms. Roberts stated that it could be painted before the next Cemetery Board meeting. At Chair Nyquist's request, the recording secretary polled the vote. The motion passed 4-1, Chair Nyquist dissenting. City-Owned Properties Greater than Five Acres A list was provided to the Board members of City-owned properties five acres in size or greater. Ms. Padgett noted that the Board had wanted only vacant properties. Ms. Hall stated she had been asked to research City-owned parcels of five acres or greater. City Manager Bressner asked how many of the listed parcels were vacant and Ms. Hall responded that the FPL site, Girl Scout Park, Quantum Park, the back of The Meadows, and a portion of Congress Avenue Community Park were vacant. Ms. Padgett mentioned some City-owned land at the end of Old Boynton Road. Mr. Wildner remarked that this was the property off of Nickels Boulevard and would be over ten acres but 2 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 was not in the City limits. Mr. Wildner commented that the gopher tortoises and native vegetation on the site could present a problem to development due to pressure from the environmental sector. City Manager Bressner asked about the Veterans Cemetery and the possibility of co-acquiring property adjacent to it. He also hoped that one of the options the Board was considering was the acquisition of the property across from the cemetery on Woolbright Road. Chair Nyquist restated his request to staff to come up with a list of vacant City-owned properties in and outside the City limits of ten acres or greater. Mr. Wildner stated that the Board had this information now and the only sites that met their criteria were the Quantum Park site in the City and the Nickels Boulevard site outside the City. There was a chance that the Congress Avenue Community Park might have ten acres but that would have to be researched. Mr. Wildner stated that the 40-acre property east of the golf course might also qualify, even though it was a former City dump. Chair Nyquist said that more properties were coming to light and he thought more research was in order. He requested that staff provide a list of vacant, City-owned properties in or outside the City limits of ten acres or more that the Cemetery Board could look at for expansion. Budget Information Ms. Roberts provided the Board members with a copy of the proposed Cemetery Budget for fiscal year 2002/03. She noted that at the City Manager's request, all departments made cuts in their budgets. Staff determined that the office renovations project for $5,000 would have to be delayed since it did not affect the cemetery crew's ability to perform their duties. Ms. Padgett stated that the improvements were primarily for the customers who go to the Cemetery to select lots, to present a more businesslike appearance. Mr. Blanchette thought that the $5K estimate was too high. Ms. Padgett stated that the budget did not have the City Manager's recommendations in it and she wondered if it were the official budget. Ms. Roberts stated that this was the budget that had been submitted in May. Mr. Livergood commented that the City Manager's office did not make any changes to the budget and this is why there were no comments from him. Mr. Bressner agreed, adding that everyone had been asked to make cuts in their budgets due to increased pension costs for the City. Chair Nyquist asked if the $5,000 for the office came out of the Cemetery Fund. City Manager stated that they still had to meet the obligations of the Pension Fund due to the employees that were charged to the Fund. Ordinance No. 02-044, amending Chapter 6, Cemeteries, Section 6-5 General Powers of the Board City Manager Bressner believed that this Ordinance clarified the roles of staff with respect to the Cemetery Board and brought into focus the fact that under the Charter and under the Code of Ordinances, the City Manager is the Chief Administrative Officer of the organization. The concern was that the direction from the Cemetery Board was going directly to subordinate staff members without going through the Chain of Command. The Chain of Command begins with the person that Mr. ,1elf Livergood designates as the principal point of contact, followed by himself, and the City Manager. Also, under the Charter, it is generally not a case of directing staff to do things but to request information, clarification, or make suggestions concerning the operation of the City. Chapter 2 of the City's Code states that the "responsibilities of the City 3 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 Manager include those items that have been assigned to him by the City Commission" and the City Commission has assigned the administration of cemetery matters to the City Manager. Mr. Blanchette felt that this took away the fiduciary responsibility and/or powers of the Cemetery Board with respect to the money in the Cemetery Fund. Mr. Bressner stated to the contrary, that it would allow the Cemetery Board to focus on policy issues such as if and where they would expand the cemetery, to assure that the rates charged for interments and other associated costs were appropriate and fair, and provided the Cemetery Board with the responsibility to recommend changes in the operation of the Cemetery as appropriate. The Cemetery Board's responsibilities were not changed but their focus was to be on larger, policy- type issues, and less on the day-to-day maintenance and operation of the Cemetery. City Manager Bressner stated that the day-to-day operations of the Cemetery are vested in City Staff, not the Cemetery Board. He pointed out that staff is competent, professional, and concerned about assuring that the money spent for the cemetery is spent in the most cost- effective way. Historically, staff has done a good job managing the resources used to maintain the Cemetery. The City Commission prefers that the Cemetery Board deal with the larger issues instead of whether fences are painted or not. Ms. Padgett stated that since the money had to come out of their Fund, they should have the right to approve expenditures from the Fund. Mr. Bressner stated that it was City money, regardless of where it came from. He stated that it was not up to the Cemetery Board to appropriate and use the money and that this was why they had staff. As co-stewards of the money, the City and the Cemetery Board were both responsible for seeing that the funds were expended in the most appropriate, cost-effective way. They were free to ask staff questions about matters of concern and offer suggestions. Chair Nyquist indicated that as long as they got their budget and written report on the bills, they should be able to handle that and still focus on trying to find property. Ms. Padgett read from Section 6-7 of the Code where it said: "The Board shall keep an accurate record of all receipts and expenditures and shall from time to time, as requested by the City Council, make an itemized, detailed report showing financial condition as the same pertains to the Cemetery." It looked to her as though the Cemetery Board was responsible for the spending of the funds. Mr. Bressner stated that this work was already done for them and they audit it. Ms. Padgett realized that but stated that it was after the fact. They did not know about it. If the Council asked them to report on it, they would not be able to do so. She continued, saying that they did not know how the money was spent and that had been their problem for years. They had tried to find out how the money was to be spent because they believed they were responsible for that Fund. Mr. Bressner stated that nothing would change as far as the members getting the information they needed in terms of what it costs to run the cemetery. Staff would continue to provide the information they provide now. Mr. Bressner asked the Board if they were comfortable with the level of information they were being provided. Ms. Padgett stated that they would be if they could find out what it was spent for. She felt they were entitled to know that. Mr. Bressner explained that this was not the Board's responsibility. Ms. Padgett felt that it related to the expenditure of the funds. Mr. Bressner reiterated that this was not the Board's responsibility. Their responsibility was to make sure that the cemetery operated well, 4 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 functioned properly, and that they continued to receive the approval that they had been receiving from the people that use the cemetery. Chair Nyquist stated that he thought they should know how many bags of fertilizer it took to fertilize the cemetery. Mr. Bressner stated that the City Commission did not agree with that. Chair Nyquist stated that both parties had differing opinions on the matter. Mr. Bressner stated that the Commission had made a decision relative to the role and function of the Cemetery Board and they desire that the Cemetery Board focus on bigger picture items such as :[) Where will the cemetery be in five to seven years? 2) Is it going to be expanded? 3) If it is going to be expanded, where will it be expanded? 4) Where will the resources come from for that expansion? There was always the option of doing nothing, expanding or closing down. Mr. Bressner stated that they were either going to be out of land or out of business because they were out of land, or they would have alternatives. Mr. Blanchette stated that it appeared that they were going to be out of business and that in five or six years, the City Commission would turn the cemetery over to private industry. He thought that the City would then have to deal with reports of dumping bodies such as had been in the newspaper recently. Mr. Bressner believed that there was a sense of pride in the City that the City ran the cemetery and provided an affordable and respectful way for burials to take place. He knew there was strong support for it in the community and the Commissioners were cognizant of this as well. Ms. Padgett stated that she was hearing that the Board was not to care about how the money was spent. Mr. Bressner reiterated that he had not said this nor did staff. He reiterated that staff was very good about making sure that the dollars were well spent, whether it is the cemetery or anywhere else in the organization. They do their utmost to make sure that the resources are well spent because they understand that those dollars are theirs to use for the good of the community. Ms. Padgett asked whether the Board could ask questions and to whom they should be asked. Mr. Bressner stated that they could ask questions of the staff or ask for information. They were just not to direct staff to "dig a hole here'; or do this or do that. All questions or requests for information were to be directed to staff, through the Chain of Command, starting with Christine Roberts. He continued that the rest of the City followed this same practice. According to the Commission/Manager form of government, which was approved by the voters in the Charter, this was the method of operation. They did not want to have City staff reporting to an advisory board. Chair Nyquist asked Ms. Roberts how many bags of fertilizer it took to fertilize the Cemetery. Mr. Bressner stated that it had been a rhetorical question. Ms. Padgett pointed out to the City Manager that the Cemetery Board had declined to share the cost of a sidewalk around Sara Sims Cemetery with the City and had to get legal counsel to back them up. She stated that the Board was not finding fault, but was just trying to live up to the Ordinance. Mr. Bressner stated that this would not change. Ms. Padgett found it a little difficult to understand the new Ordinance but would try to work with it. 5 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 Repair costs for mausoleum and restroom roof areas Ms. Padgett asked about the status of the project and Ms. Hall replied that it was complete. Ms. Padgett inquired whether it would be paid from Cemetery Funds this month and Ms. Hall responded that the charge had not appeared yet. Sara Sims Fence Ms. Hall reported that the Sara Sims fence bid had been awarded to Bulldog Fence and work should begin on September 9. Once the fence is installed, the sign will be installed. Ms. Padgett asked for and received confirmation from Ms. Hall that the sign would be placed on Cemetery property. New Lowering Device Ms. Hall reported that a new lowering device was being purchased since the existing one was beyond repair. They had one other one but needed two for when funerals were scheduled close together. The new one cost $2,867.50 and the purchase order was in process. Pump Repair Ms. Hall stated that the total cost for the repair of the pump at the cemetery had been $8,861.70. Mr. Blanchette related his observation of the problem after the Memorial Day ceremonies on May 30, 2002, the flood, and how he had tried to notify someone of the problem but the notification system had not functioned properly. This meant that the pump burned out during the night and had to be replaced. Mr. Bressner stated that Ms. Roberts was going to be the contact person so there would not be a repeat of this kind of situation in the future. Ms. Roberts related that the pump had been paid for from the Parks fund and not the Cemetery fund. Commissioner McCray confirmed that they did use the pump to water the cemetery. 1) 2) 3) 4) s) Reports on Cemetery Areas Assigned to Members Blocks W & Y on the South side - Oris Walker Blocks N & O, area to west, old section to flagpole - David Nyquist Seacrest Boulevard to building on South side - Tereesa Padgett Mausoleum and Sara Sims -John 'l~neri (absent) Blocks R & S - Teresa Frazier The individual Board members remarked on the condition of their sections and there were no negative comments. Chair Nyquist included Sara Sims and the Mausoleum in his comments. C. Staff Report on Cemetery Operations (Tabled) Chair Nyquist asked the Board if they wished to leave this on the table. Mr. Bressner thought that the information on the vacant properties being prepared by staff might be necessary in order to properly evaluate this report. The Board agreed to leave this item on the table. D. Cemetery Budget for Fiscal Year 2002/03 Chair Nyquist asked if there were any questions on the budget. Ms. Padgett thought there was a memo saying it would be discussed. Ms. Roberts stated that it could be discussed if so 6 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 desired. The memo stated that this item had been provided for the Board's information and explained the budget cut made for the office expansion. E. Written Report on Bills Ms. Roberts did not have anything to report on this. Chair Nyquist asked if the Board could expect something the following month. Ms. Roberts asked him to clarify his request. She noted that the Board had tabled this item at the .lune 25, 2002 meeting but she was unaware of what it meant. Ms. Padgett stated that staff was going to itemize expenditures. VIII. New Business A. Approve the request for Transfer of Ownership of Lots 291A & B, Block "R" to Nancy E. Brito submitted by Ladislao Z. Brito and Celia Brito. (Nancy E. Brito will pay the $25 transfer fee.) Motion Ms. Padgett moved to approve the request if the paperwork were in order. Mr. Blanchette seconded the motion that carried unanimously. Mr. Bressner indicated that the paperwork would be audited. IX. Other Chair Nyquist commented that he did not get all the information that the other Board members had received in the mail, specifically the Ordinance. Other Board members did receive it. Chair Nyquist stated that John Tineri said that someone asked him about a letter that was going around about the City trying to take over the Cemetery Fund. Mr. Bressner did not know anything about a letter and stated that if anyone had a copy of it, he would like to see it. City Manager Bressner mentioned the Memorial Day Ceremony and asked about the Board's opinion of putting Stars of David on the graves of .lewish war veterans in lieu of crosses. He felt that these men and women had sacrificed their lives for the country and whether Jewish or Christian, deserved the notice. A discussion ensued on the topic. No one was against doing this but did not know for certain how the .lewish community felt about it. Mr. Wildner stated that he had worked side by side with .lewish war veterans when they put up the crosses and no comment was ever made. Mr. Wildner thought that if the subject were broached to the Veterans Council, that they could handle it effectively. Mr. Bressner expressed his appreciation for the Memorial Day ceremony and believed that it was a wonderful opportunity for the community to come together. Ms. Padgett inquired whether the Board should be consulted before making expenditures that occurred outside the approved budget. Mr. Bressner stated that in case of emergencies, similar to the pump that had to be replaced, the Board might wish to tell staff that they could go ahead and get it and the Board could ratify it later. The lowering device was discussed and Mr. Livergood stated that this was a similar thing since they were expecting a funeral in a few days and the other one was unrepairable. They had to act quickly. Ms. Padgett asked if the City Manager thought it would be fair for staff to call the members of the Cemetery Board to get 7 Meeting Minutes Cemetery Board Boynton Beach, Florida August 27, 2002 their approval ahead of time. Ms. Roberts stated that they always follow the guidelines of the Procurement Department. For example, they got four quotes for the lowering device and they take the lowest quote. Ms. Padgett was not faulting buying it (the lowering device) but asked where the Cemetery Board fit in. Mr. Bressner stated that the logic of that scenario would be that if the Board would like the courtesy of a call to be advised that the item was being ordered, to the Chairperson for example, it could be done. Staff could just say, "By the way, the lift failed and we are going ahead with the purchase of one just to keep the services running." Mr. Bressner said that the Board and staff could come up with a protocol that they were comfortable with and that he was comfortable with. The last thing they wanted to do was say they could not act on something until the next Board meeting. Ms. Padgett stated that this would not be necessary. Mr. Bressner thought that everyone was in it to give the best possible service to the City. Ms. Padgett stated that if it was over and above the budget, the Board wanted notification. Mr. Bressner thought that notification of the Board was a fair request. Mr. Bressner stated that it was just a matter of disclosure or notification. Mr. Blanchette thought there should be money appropriated for emergencies that would be available immediately. Mr. Bressner agreed that a renewal and replacement fund would be a good idea. Mr. Bressner explained that in other departments, when a department head comes to the City Manager with an unexpected expense, his answer was that they may not go over the bottom line in the budget and may not use personnel costs to pay for it. Mr. Bressner stated that it took a level of trust and the staff had been good stewards of the dollars. He also commented that when people had made less than great decisions about expenditures, he had spoken to them privately about it. X. Adjournment Since there was no more business before the Board, the meeting was duly adjourned at 8:10 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (08/29/02) 8