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Minutes 02-08-944 NINUTES OF THE SPECIAL CITY CONNIS$ION NEETING HELD IN COHNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY B, 1994, AT 6:00 P. N. PRESENT Edward Harmening, Mayor Jose Aguila, Vice Mayor Lynne Matson, Mayor Pro Tem David Katz, Commissioner Robert Walshak, Commissioner J. Scott Miller, City Manager James Cherof, City Attorney Sue Kruse, City Clerk CALL TO ORDER Mayor Harmening called the meeting to order at 6:01P. M. HARCH 8, 1994 GENERAL ELECTION Receipt of Candidates' Nominating Petitions City Clerk Sue Kruse advised that the following four candidates have qualified for the March 8, 1994 election: District II Matthew Bradley Bruce A. Tufts District IV David Scott Floering Lynne Matson Notion Commissioner Katz mOved to accept the four candidates' nominating petitions. Mayor Pro Tem Matson seconded the motion, which carried 3-0. {Vice Mayor Aguila and Commissioner Walshak were not yet present.} General Election Proclamation Mayor Harmening read the General Election Proclamation in full. During the reading of the Proclamation, Vice Mayor Aguila arrived. Approval of Poll Workers Notion Vice Mayor Aguila moved to approve the list of residents who have agreed to work at the polls for the General Election on March 8, 1994. Commissioner Katz seconded the motion, which carried 4-0. (Commissioner Walshak was not yet present.) REPORT AND DISCUSSION ON HAUSOLEUN/CENETERY HATTERS REQUIRING LEGAL RESEARCH The members of the City Commission had before them a packet of information per- taining to the mausoleum/cemetery. City Attorney Cherof referred to the - 1 - HZNUTE$ - $PECZAL CZTY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 8, 1994 December 28, 1993 letter from Robert HacLaren of the law firm of Osborne, Hankins, MacLaren & Redgrave, in which he disputes the powers of the Cemetery Board with respect to the management and operation of the mausoleum. City Attorney Cherof also referred to the October, 1978 Agreement which the City entered into with Boynton Beach Mausoleum, Inc., the party who has constructed the mausoleum and is the exclusive agent for selling the crypts and niches. He pointed out that it is not a very detailed agreement and does not describe a lot of the subject matter that would be expected to be found in an agreement where the City undertakes to have a relationship with a company to act as its agent for the construction and sale of mausoleum units. City Attorney Cherof took a different interpretation of both the Agreement and the powers of the Cemetery Board than that taken by Mr. MacLaren in his letter of December 28, 1993. He advised that one of the issues which has come up is whether or not. the Cemetery Board has the power to establish rules and regulations for the operation and maintenance of the mausoleum. It was City Attorney Cherof's opinion that the Cemetery Board, vested with powers by the City Commission, has such power. He stated that when the Cemetery Board was created, the Code of Ordinances did not specifically reflect the concept of a mausoleum; however, the Agreement of October, 1978 makes reference to the mausoleum as being part of the cemetery. (At 6:10 P. M., Commissioner Walshak arrived.) City Attorney Cherof, therefore, construed that the Cemetery Board has the power to manage and operate the mausoleum. He recommended changing the ordinance that empowers the Cemetery Board to act so that there is no question that they do have such power. City Attorney Cherof was of the opinion and intends to instruct the members of the Cemetery Board that they currently have that power. He stated that apparently Brady Osborne of the Boynton Beach Mausoleum, Inc. feels that by constructing the mausoleum he has retained some power over its management and operation. City Attorney Cherof believes this is a power that Mr. Osborne does not have. He stated that he may have to ask the City Commission in the future for authorization to participate in litigation to pro- tect the powers of the Cemetery Board and this Commission to monitor, regulate and maintain the mausoleum structures, crypts and niches for the benefit of the public. City Attorney Cherof stated that the Cemetery Board has asked if the Trust, which was created for perpetual maintenance and care, could be abolished. City Attorney Cherof felt it can be abolished and the financial operation of it can be handled directly by the Cemetery Board and the City Commission. However, this requires unanimous vote of both the City Commission and the Board of Trustees. Currently, the Board of Trustees is comprised only of the City Manager and the Mayor because the other members of the Board of Trustees have never been appointed. Commissioner Walshak gave City Attorney Cherof his authorization to enter into any kind of litigation at any time against anybody who thinks the Cemetery has no control over the mausoleum. City Attorney Cherof pointed out that throughout the original Agreement, Boynton Beach Mausoleum, Inc. is referred to as the agent of the City and is not referred to in any other capacity. - 2 - HINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 8, 1994 Mayor Pro Tem Matson hoped this would clear up some of the problems that the City has received letters about, such as maintenance. With the City Commission's permission, City Attorney Cherof said he will attend the Cemetery Board meeting this evening and indicate that the City Commission supports what has been the Board's position to date, which is that they are empowered to act and establish proper rules and regulations for the operation and maintenance of the mausoleum. Motion Mayor Pro Tem Matson moved to instruct the City Attorney to take whatever steps he deems necessary to protect the City's position with regard to the agent, Boynton Beach Mausoleum, Inc., and to make this clear to the members of the Cemetery Board. Vice Mayor Aguila seconded the motion. Commissioner Katz asked if the City Commission would be giving the Cemetery Board power beyond an advisory board. City Attorney Cherof advised that the City Commission would just be directing the Cemetery Board to act in accordance with what the City Commission believes is their power. The motion carried 5-0. ADJOURNMENT There being no further business to come before the City Commission, Mayor Pro Tem Matson moved to adjourn the meeting at 6:16 P. M. Vice Mayor Aguila seconded the motion, which carried 5-0. ATTEST: City G1 erk Recordihg Secretary (One Tape) THE CITY OF BOYNTON BEACH I :'-~"" Vi ce Mayor ~ ______ ~~r Pro Tem ~~~sioner Commissioner - 3 -