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Minutes 09-12-00 MTNUTES OF THE CEMETERY BOARD MEETING HELD AT THE SENI'OR CENTER, BOYNTON BEACH, FLOR]:DA ON TUESDAY~ SEPTEMBER 12, 2000 AT 7:00 P.M. PRESENT Joan Kuehn, Chairwoman David Nyquist, Vice Chairman Sue Kruse, Secretary Tim Hensley Oris Walker Mack McCray, Alternate ABSENT Tereesa Padgett John Wildner, Parks Director T. CALL TO ORDER Chairwoman Kuehn called the meeting to order at 7:00 p.m. T1'. ATTENDANCE Ms. Kruse called the roll. All members were present with the exception of Ms. Padgett. III. AGENDA APPROVAL Mr. Hensley moved to approve the agenda. Mr. McCray seconded the motion that carried unanimously. I'V. APPROVAL OF MI'NUTES - AUGUST 8f 2000 Mr. Nyquist moved to approve the minutes of the August 8th meeting. Mr. McCray seconded the motion that carried unanimously. V. RECE]:PT OF BALANCE SHEETS - 3ULY 2000 Since the Balance Sheets were distributed to the members at the start of the meeting, Mr. McCray moved to table the Balance Sheets for .luly to allow time for review. Mr. Nyquist seconded the motion but suggested that the members receive the Balance Sheets earlier so that there is sufficient time to review them. The motion carried unanimously. VT. RECETPT OF SALES REPORTS - AUGUST 2000 Mr. Nyquist requested that the record reflect that the Sales Reports are prepared by hand by the City Clerk's Office and are delivered on time as opposed to the Balance Sheets that are computerized and are always late. MEETZNG MZNUTES CEMETERY BOARD BOYNTON BEACH, FLOI~DA SEPTEMBER 12, 2000 Motion Mr. McCray moved that the August Sales Report be made part of the record. Mr. Hensley seconded the motion that carried unanimously. VII, CORRESPONDENCE - DRAFT LETTER RE: LATE FEES Ms. Kruse said she prepared the letter and reviewed it with Mr. Wildner before submitting it to the City Manager. During the City Manager's review, he made a couple of corrections. Mr. Nyquist felt the letter sounded "choppy". When Mr. Nyquist suggested tabling this item to allow the members to study its content and offer feedback, Mr. Wildner explained that the City Manager is anxious to send this letter to the funeral directors in an effort to resolve this issue. Ms. Kruse confirmed that the City Manager questioned when this letter would be sent out to the funeral industry and whether or not the funeral directors would be present at this meeting. He was advised that there are three funeral industry representatives on the board. The City Manager responded with an e-mail. It had been his impression that the board would be specifically discussing this issue at this board meeting with funeral industry representatives present in an effort to resolve it. Since that was not the board's intention, Mr. Bressner decided not to attend this meeting. Mr. Bressner said he would plan on attending the meeting when the board and funeral industry representatives discussed the issue of late fees. Mr. Hensley questioned what needed to be resolved since things seem to be working well at this time. He felt a meeting with the funeral industry representatives could be conducted if there were complaints or requests to fine-tune the policy. Mr. Nyquist said it was his opinion that the City Manager wanted a guarantee that the funeral homes would not bill the families if the late fees were imposed. Mr. Hensley pointed out that such a guarantee would not be possible. Ms. Kruse explained that the City Manager has attended the Community Forum when Mr. Straghn has been present and expressed his unwillingness to accept the fee. Mr. Nyquist polled the funeral industry representatives present to determine whether or not they would absorb the fee or pass it onto the families: · Tim Hensley said he would absorb it. · Mr. Walker said it would be passed onto the family. · Mr. McCray said he would absorb it. · Mr. Nyquist said that as a former funeral director, he would absorb it. Mr. Hensley said the funeral directors would have to absorb the fee if they did not make an effort to make the required contact with Cemetery workers. He pointed out that a late fee would not be assessed if the funeral directors make the call. MEETING MI~NUTES CEMETERY BOARD BOYNTON BEACH, FLOR]DA SEPTEMBER 12, 2000 Vice Chairwoman Kuehn was fearful that this letter would "stir the pot" again. Mr. Nyquist said that if a problem were experienced, the process would begin with Mr. Wildner. If he decides it is necessary to pursue the issue, the board would move forward on his recommendation. The initial complaint came from the Parks Division. Mr. Wildner said that he would not "jump" at the chance to assess a fee. Mr. Hensley felt that the fee should be assessed only if the funeral directors became habitual about not communicating with Cemetery staff. Mr. Nyquist recommended sending a letter to the funeral directors requesting their presence at the October regular board meeting to give them an opportunity to voice their opinions. He did not suggest sending the letter that was drafted. Motion Mr. Nyquist moved that we delete this Correspondence letter. Mr. Hensley felt the letter should express appreciation for the manner in which the funeral directors are working with the City and further state the City's opinion that if a late fee were to be assessed, that it would not be passed onto the families. Mr. McCray recommended keeping the first paragraph of the draft letter in tact, eliminating the second paragraph entirely, and then continuing with the remainder of the draft letter. When Mr. Wildner reminded the members of the City Manager's concern about the late fee being passed onto the families by the funeral directors, Mr. Nyquist pointed out that no one could control this situation. Mr. McCray said that if this Cemetery issue continues to remain on the front burner at the Community Forum, it would continue to be a problem. He recommended sending the revised letter to the funeral directors and inviting them to attend a Cemetery Board meeting if they have any input to offer. Mr. Hensley agreed with Mr. McCray and explained that if the time comes when a fee is assessed, it would be the Cemetery Board and City's intention that the fee is directed at the funeral home and not the family. We could encourage the funeral homes not to pass on this fee; we cannot control that situation. Chairwoman Kuehn pointed out that the fee would be assessed after the funeral and it would go to the funeral home. Mr. Hensley said some of the funeral homes would prepare a bill and forward it to the family in an effort to get payment. Mr. McCray felt that keeping this issue active is encouraging more questions. Tt is his opinion that the Board should thank the funeral directors and ask them to continue their current practice. If there are any questions, they can attend a Board meeting and pose those questions. MEETTNG MZNUTES CEMETERY BOARD BOYNTON BEACH~ FLORZDA SEPTEMBER 12~ 2000 Motion Mr. McCray moved to remove the second paragraph of the correspondence draft letter of the late fees and send the letter as typed to all funeral homes letting them know that we continually thank them for their support in this endeavor. Mr. Walker seconded the motion that carried unanimously. VIII. UNFINTSHED BUS:[NESS A, Survey of Surrounding Cemetery Prices (Tabled) Ms. Kruse reminded the members that this information was forwarded previously. Mr. Nyquist recommended leaving this item on the table. B, Cemetery Expansion (Tabled) Mr. Nyquist recommended leaving this item on the table. Chairwoman Kuehn said it is the Board's responsibility to provide perpetual care for the graves at the City cemeteries, and once there are no graves remaining, people would have to find other cemeteries. Ms. Kruse confirmed that the City would have to decide whether it wants to remain in the cemetery business. Mr. Nyquist suggested that the City renovate a piece of property near the high school with the $38 million it recently found. Discussion ensued about the wells at Little League Park. Mr. Wildner said there are probably four wells located on that property. He has had conversations with representatives of the Utilities Department and learned that all of the wells are active. At the last meeting, the City IVlanager said he would look into this matter. C. Marker Fee (Tabled) Motion Hr. Nyquist moved to take the marker fee off the table. Mr. Hensley seconded the motion that carried unanimously. Mr. Hensley presented a letter he received from Fred of Lake Worth Monument. (A copy of the letter is attached to the original set of these minutes on file in the City Clerk's Office.) The letter was from Timothy .1. Wheaton, Financial Control Analyst of the Office of the Comptroller to a Mr. Wilbert Posey who asked the following question: MEETZNG MTNUTES CEMETERY BOARD BOYNTON BEACH, FLORZDA SEPTEMBER :!.2, 2000 "Can a city cemetery charge a fee to an outside party who wishes to place a monument or marker in that cemetery?" A brief discussion of Mr. Wheaton's response ensued among the members. After stating a number of Florida Statutes, Mr. Wheaton concluded that "the Statute clearly states that no cemetery may charge a fee of any sort for a third party vendor to place a marker on a grave in a cemetery, regardless of their otherwise exempt status". Motion Mr. Hensley moved to recommend that the City Attorney review this letter to determine whether we are in compliance with the Florida Statutes. Mr. McCray seconded the motion that carried unanimously. D. Memorial Monument for Unmarked Dead (Tabled) Motion Mr. Nyquist moved to take this item off the table. Mr. Hensley seconded the motion that carried unanimously. Chairwoman Kuehn read the following that she had prepared: "This memorial is dedicated to our pioneer families who are unknown to us, but who remain in our hearts." Discussion ensued about the design of the monument and Chairwoman Kuehn said she liked the design that Mr. Wildner presented in the past. Mr. Wildner advised that Lake Worth Monument provided that design. Chairwoman Kuehn advised that there are park benches available that could contain this 'inscription and could be placed in the area as a place for people to sit and reflect. Mr. Hensley said he was in favor of a monument. Mr. Nyquist recommended putting this item back on the table and Mr. Wildner will bring the drawings to the next meeting. Mr. Nyquist suggested that Mr. Wildner request additional options from Lake Worth Monument. Chairwoman Kuehn added that perhaps something of a historical nature would be appropriate. Motion lVlr. Nyquist moved to place this item back on the table. John Wildner will check into this and provide a report next month. The motion was seconded and carried unanimously. MEETZNG MZNUTES CEMETERY BOARD BOYNTON BEACH, FLORZDA SEPTEMBER 12, 2000 E. Use of Mausoleum Chapel (Tabled) Motion Mr. Hensley moved to remove this item from the table. Mr. Nyquist seconded the motion that carried unanimously. Ms. Kruse advised that a letter from the Assistant City Attorney was included in the back-up information. On August 17m, he advised that the actual contract that Mr. Osborne signed is very "one-way" in Mr. Osborne's favor, and that he has exclusive sales rights and use until 2008. The City has only the maintenance rights. Mr. Hensley feels it is important to go back to the City Attorney with this issue. He said that if the current practice is wrong, it has been so since 1982. He said Mr. Osborne contacted him personally to ask him why the funeral homes were abusing the right to have a committal service. It seems that Mr. Osborne had a family that wanted to see the Mausoleum at the same time a service was being conducted. That is an unfortunate circumstance. Mr. Hensley said he has never encountered a Mausoleum or cemetery that has refused to allow a committal service in a mausoleum chapel because the people did not own inside the mausoleum chapel. This is not done in Boca Raton and Mr. Osborne is affiliated with that mausoleum. The system worked for years under Mr. Pfaff's direction and he never had a problem with it. Mr. Pfaff was the salesman from 1982 until approximately a year ago when he retired. Mr. Hensley said that he has been in the business since 1978. Since the mausoleum opened in 1982, services have always been conducted in the chapel. Mr. Wildner said services have been primarily held in the chapel during inclement weather. There has not been extensive use, but it has been used. Mr. Hensley said another of Mr. Osborne's complaints is that the chapel is being used for graveside or crypt-side services. The funeral home gets to the chapel 30 minutes prior to the scheduled service. The service is approximately 15 to 20 minutes long and that ties up the chapel for approximately one hour. He and Mr. Osborne did not discuss the issue of inclement weather because this was an issue that had been covered in the past. While Mr. Hensley agreed with Mr. Osborne that the privilege of using the Mausoleum for a committal service should not be abused, its use during inclement weather is a pUblic safety issue. Mr. Nyquist felt that if this discussion referenced inclement weather, then an opinion from the Attorney would be needed. He would also like a definition of"maintenance". Ms. Kruse said that in a response to a letter from the Assistant City Attorney, Mr. Osborne said the Boynton Beach Mausoleum strongly opposed the use of the Mausoleum Chapel or any of the Mausoleum property by anyone other than those who have purchased property rights in the Mausoleum. He further stated that to allow individuals with no vested interest in the Mausoleum the same committal rights as citizens who have purchased in the Mausoleum is 6 MEETZNG MTNUTES ·" CEMETERY BOARD BOYNTON BEACH, FLOI~DA SEPTEMBER 12, 2000 inequitable and prejudicial. He said that one of the selling points of aboveground interment is the avoidance of inclement weather. Mr. Hensley said that in the past, the board asked the City Attorney to provide an opinion on whether or not-,the board had the right to set down the bylaws if we take over the building. The City Attorney responded affirmatively. The board elected to allow grave space owners to use the Mausoleum during inclement weather. Ms. Kruse said that in ::[993, Mr. Osborne advised that only five-minute committal services were permitted in the Chapel. Chairwoman Kuehn questioned whether the casket is taken to the Chapel during the committal services. Mr. Nyquist said that during inclement weather, this has happened on very few occasions. Mr. Nyquist felt certain that Mr. Osborne would not want to expose people to lightning during storms. Motion Mr. Hensley moved that the Assistant City Attorney review this once again in-depth since we have had other rulings from other City Attorneys, particularly Jim Cherof, that stated the exact opposite opinion - that we had the right to set bylaws for the use of the Mausoleum because we had taken possession of the Mausoleum. ]:n no way do we feel that it affects the sale issue. Mr. Nyquist seconded the motion that carried unanimously. F. Prices for Sara Simms Memorial Gardens Sign (Tabled) Motion Mr. Hensley moved to remove this item from the table. Mr. McCray seconded the motion that carried unanimously. When Mr. Nyquist discovered that Ms. Hall 'had provided no written report, Mr. Nyquist moved to put this item back on the table. Mr. Wildner said he was prepared to offer a report even though it was not in written form. Ms. Hall worked with the Sign Shop to order the blank sign at a cost of $:L50. Tf the board is not agreeable with the selection that was made, the sign will be used in another location. Ms. Hall will work on the design with the Sign Shop when the blank sign is received. A plastic design overlay would be placed over the blank and if the board does not like the design, it could be removed. Motion Mr. Nyquist made a motion to go along with it. Mr. McCray seconded the motion that carried unanimously. 7 MEETt'NG MTNUTES CEMETERY BOARD BOYNTON BEACH, FLOI~DA SEPTEMBER 12, 2000 G. Reports on Cemetery Areas Assigned to Members Mr. Hensley reported that he did not have an opportunity to look at his area. Chairwoman Kuehn said she visited the area and it looks good. · Mr. McCray said his section looks fine. Mr. Nyquist said that his section looks good overall; however, the City was supposed to take care of the removal of the old tent and that has not been done. Mr. Wildner said he would take care of it. Chairwoman Kuehn said her area looks decent and Ms. Padgett's area looked good except for the trimming of the trees. Chairwoman Kuehn likes the look of the Cemetery without the hedge or a fence. · Mr. Walker did not have a report on his area. H. Parks Department Report Mr. Wildner reported that the hedges along Woolbright Road have been removed in preparation of the fence installation. The City Commission approved the fence construction bid that was approved by the Cemetery Board at its last regular meeting. It will take a few weeks to get the contractual arrangements in place and then construction of the fence will begin. Ms. Glenda Hall is working on design and preliminary pricing for additional landscaping at Sara Simms Cemetery. Some of the prices were higher than originally anticipated. Therefore, she is pursuing alternatives to present to the board. At the last meeting, there was a question about the labor charge of $160. At that time, there was an assumption that the charge was associated with tree-trimming work. That was not the case. The $160 is an internal charge from Vehicle Service for work Vehicle #541, a Cemetery dump truck. The charge was several months old. The name that was associated with this charge was that of one of the Vehicle Service Division workers. There were 12 in-ground burials and 12 entombments in August. Motion Mr. McCray moved that the report that was given by .lohn Wildner be documented as a record of this meeting. Mr. Nyquist seconded the motion. He requested that an improved report be provided containing input from the Cemetery workers. · tX NEW BUSTNESS Am Request for Refund of $100 for Lot 1, Block 3, Boynton Beach Memorial Park, for Cecelia Mowry Dumphy MEETI'NG M]:NUTES ~ CEMETERY BOARD BOYNTON BEACH, FLOI~DA SEPTEMBER 12, 2000 Motion Mr. Hensley moved to refund the money. Mr. Walker seconded the motion that carried unanimously. X. OTHER When Mr. Nyquist asked for a status report on the wall, Mr. Wildner advise that Facilities Management would be repairing the wall that a car crashed into. There was a police report and Risk Management will be handling the insurance reimbursement. Mr. Nyquist said Ns. Hall was supposed to provide a report on landscaping for the planting area (circle and divider) that is near the main entrance off Seacrest Boulevard. Mr. Wildner said he would remind Ms. Hall about this issue. Mr. Nyquist requested additional information regarding the walkways and north end concrete around the Mausoleum. Chairwoman Kuehn said one of the problems the contractors experience is the amount of insurance they must carry. Mr. Wildner reported that Ms. Hall spoke with several people about this issue and many of them did not respond. Mr. Wildner will ask Ms. Hall to provide a report. Mr. Nyquist questioned why the sod at the ballfields requires so much watering. Mr. Wildner explained that there was an infestation of mole crickets in Field #2 and the sod had to be replaced in the outfield. Ms. Kruse thanked the board members for their approval of IVlr. Osborne's request for the disinterment last week. Motion Mr. Nyquist moved to have a walk-through of Boynton Beach Memorial Park next month at 6:30 p.m. and invite the City Manager to attend. Mr. Hensley seconded the motion that carried unanimously. X.I:. AD.1OURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:10 p.m. Prainito Deputy City Clerk (Transcribed from two tapes)