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Minutes 04-11-00 MINUTES OF THE CEMETERY BOARD MEETING HELD IN THE WEST WING, CONFERENCE ROOM "C", CITY HALL BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 11, 2000 AT 7:00 P.M. PRESENT Oris Walker, Chairman Joan C. Kuehn, Vice Chair Sue Kruse, Secretary Tim Hensley David Nyquist Tereesa Padgett John Wildner, Parks Director Diana Reese, Finance Director Mack McCray, Alternate I. CALL TO ORDER Chairman Walker called the meeting to order at 7:00 p.m. I1. ATTENDANCE Ms. Kruse called the roll and all members were present. Ms. Kruse recognized Mr. Wildner and Ms. Reese, as well as staff representing the Cemetery, Mark Aniki and Ms. Betty Sangi from the City Clerk's Office, and the reporters from the Sun Sentinel and the Palm Beach Post. Ill. ELECTION OF OFFICERS Postponed IV. AGENDA APPROVAL Chairman Walker called for a motion to approve the Agenda. Motion Mr. Hensley moved to approve the Agenda, which was seconded by Vice Chair Kuehn and carried unanimously. V. APPROVAL OF MINUTES - FEBRUARY 24, 2000 Chairman Walker called for a motion for approval of the minutes of the February 24, 2000 meeting. , ~. MEETING MINUTES '~ CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 Motion Ms. Padgett moved to approve the minutes as submitted. Motion seconded by Vice Chair Kuehn that was unanimously approved. VI. RECEIPT OF BALANCE SHEETS - June through December 1999 (tabled) and January, February & March 2000 Chairman Walker requested a motion to remove the item from the table. Motion. Vice Chair Kuehn moved to remove the Balance Sheets of December 1999 from the table, which was seconded by Ms. unanimously carried. June through Padgett and Ms. Padgett pointed out that back in June there had been some bills submitted, but they were not listed and asked Ms. Reese if this has been straightened out. Ms. Reese was not certain what questions the Board had regarding the balance sheets and thought that all issues had been resolved when Mr. Atkins provided a listing of the bills paid with check funds. Ms. Reese distributed copies of the bank statements to the members for their review, which showed that no cash money is coming out of the checking account. Ms. Reese reviewed the procedure for paying invoices with the members. Ms. Reese also distributed a chart that she had prepared and explained that journal entries made on the cash side come out of the City's bank account when a check is issued to pay for something purchased by the Cemetery. Ms. Reese stated usually twice each year after the amounts owing accumulate, a check will be written from the Boynton Memorial Fund. Also there are times when a Certificate of Deposit comes due and those funds are used to reimburse the Treasurer's Fund to cover the monies owed the Treasurer's Fund. . Ms. Reese requested that when Ms. Kruse distributes the monthly statement to the members that she include a copy of the bank statement and the Local Government Investment Pool Account monthly statement. Ms. Padgett felt that when the Certificate of Deposits come due, they be deposited in the Cemetery's =account. Ms. Reese pointed out that the Boynton Beach Memorial Park is the only other fund in the City that has a separate checking account. All other accounts are commingled in the Treasurer's Fund, although each account is kept separate on the City's books. Ms. Reese pointed out that she is going to try to simplify the statement to make it more comprehensible. Ms. Reese said unless a person is familiar with 2 MEETING MINUTES ~-' CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 governmental accounting, it is a different process from normal accounting. There · are certain requirements that require that certain funds be tracked separately, even though the funds are combined in one cash account. Ms. Padgett also noted that one month the addition on the columns was incorrect. Ms. Reese said that any member would be welcomed to come into her office with any questions or to look at the books if they so wish. Unfortunately, there are errors made, but they are eventually noticed and corrected, It was also noted that Ms. Sue Moroney is now preparing the statements and she is more familiar with this process, which should eliminate many previous problems. Motion Ms. Padgett moved to place the June through December 1999 Balance Sheets on file. Motion seconded by Vice Chair Kuehn, which carried unanimously. January, February & March 2000 Balance Sheets Ms. Kruse reported that March has not been received, but January and February were included in the agenda packet. Chairman Walker noted that the money market account with the NationsBank indicates there was $113,000 in February and in January there was only $79,000. Ms. Reese stated the reason for the discrepancy is due to receipt of interest earnings in February and this brought the account up to: $113,000 in February. Ms. Kruse reported that the Fund received $12,813 from the sale of mausoleum crypts in February. Ms. Reese stated that she would provide the Board with a breakdown of the interest. Motion Mr. Hensley moved to accept the January and February 2000 balance sheets. Motion seconded by Vice Chair Kuehn, which carried unanimously. 'VII. RECEIPT OF SALES REPORTS - FEBRUARY & MARCH 2000 !Ms. Kruse distributed the sales reports to members, which the members i discussed. Mr. Nyquist pointed out that there are only 1,444 gravesites left in I Boynton Memorial [:'ark. i Motion Mr. Hensley moved to place the sales reports for February and March 2000 on file. Motion seconded by Vice Chair Kuehn, which carried unanimously. 3 MEETING MINUTES ~' CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 VIII. UNFINISHED BUSINESS A. Job Descriptions of Cemetery Workers Ms. Kruse stated the job descriptions were included in the agenda packet and that two of the staff are present to answer any questions. Ms. Padgett would like the Board to take the time to work up the job descriptions to match the jobs that are being performed at the Cemetery. Mr. Wildner pointed out that workers are grouped by class and job descriptions are prepared by class. Mr. Wildner suggested that the Board express their views to Human Resources to determine if there could be specific job descriptions for individual locations. Ms. Padgett felt that the care of the Cemetery required more expertise than other types of park's jobs. Motion Mr. Nyquist moved to table this item until the Board has an opportunity to review the job descriptions and to obtain some input from Human Resources. Ms. Padgett seconded the motion. Mr. Hensley felt that before the job descriptions are reviewed by the Board, a memorandum should be sent to Human Resources for their input to determine if the City would accept them. Chairman Walker requested that Ms. Kruse poll the members. The vote was 6-0 in favor of the motion. Reconsideration of Resolution ROO-005 or Administration of Fee Ms. Kruse pointed out that letters were received from Ms. Sarah Williams who was present tonight, as well as from Mr. & Mrs. Sylvester Allen, T. Frazier, and Leonard Weatherspoon included in the packets. Also in the packets are copies of the letters sent to the funeral homes and churches in the area, as well as a copy of the advertisemedt that was placed in the papers. Also present with Ms. Williams tonight was Ms. Annie Upshaw, President of the Boynton Terrace Tenant Association. Vice Chair Kuehn inquired if there were any responses from the funeral homes or churches and Ms. Kruse said there was none. Chairman Walker inquired about the workweek of the cemetery workers and Mr. Wildner said they work the same workweek that the other crews do, which is Monday through Friday. However, they work until 4:30 p.m. When there are funerals on the weekends, the workers are offered overtime to work. Saturday is the most popular funeral day since maintenance work on the cemetery is 4 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 performed on Mondays through Fridays. Mr. Aniki stated he had a list of funerals that were either early or late and in February there were two late arrivals, one was for 35 minutes and the other was 45 minutes. One funeral director changed from an 11:30 a.m. to a 3:00 p.m. funeral and then showed up at 11:30 a.m., which accounted for a 3-½ hour early arrival. In March there were two late and three early arrivals and one was an hour and forty minutes early. This did not create a problem, because there were no other funerals scheduled at that time. Mr. Hensley inquired if any of these funeral directors telephoned to state they were either running early or late and Mr. Aniki said he received no phone calls. Ms. Padgett inquired if one hour between funerals was sufficient time or should it be increased to one and one-half hours for the crew to have time to prepare. Mr. Aniki said that one and one-half hours would be better. Mr. Hensley said that with a second set up, this should eliminate a great many problems. Mr. Wildner suggested that the funeral homes should be made aware of calling to alert the cemetery that they are either running early or late. (Ms. Glenda Hall joined the meeting). Mr. Hensley suggested that a letter be sent to all funeral homes in the area that because of the $200 late fee they are now arriving early, which creates the same problem. Ms. Padgett pointed out that the purpose of tonight's meeting was to come up with some guidelines. Mr. Aniki distributed to the members a list of the procedures necessary to prepare a gravesite for a burial. He also had available photographs showing how the preparations should be done. Instead of going over the 41 steps to prepare for a funeral, members were requested to review this on their own. Mr. Hensley asked how much time the 41 steps take and Mr. Aniki replied it could take between one-half hour to forty-five minutes. Mr. McCray said that one of the guidelines should be that a funeral home must call if they are running early i or late. Mr. Wildner said that the City would provide Mr. Aniki with a cell phone for this purpose. Chairman Walker felt that having another set up would help solve the problems with the Cemetery. Mr. Wildner stated that in the past the City has used i Callaway if another set up was needed and the purchase of another set up is on the agenda for consideration by the Board. Mr. Wildner said that they already :have the set up and only need another portable chapel. Ms. Padgett pointed out that everything needs to be covered in order to avoid the late fee, which is the 5 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 whole purpose of the guidelines. Mr. Wildner agreed that if people communicate, it would never be necessary to charge any fee. Mr. Wildner distributed to the members a draft copy of a proposed cemetery schedule policy which members reviewed. Mr. Nyquist said that a letter needs to be drafted to the funeral homes that if a service is either running early or late, before leaving the funeral home or church, they should contact the cemetery and advise them of this fact. Chairman Walker felt that the Board was creating more problems than was necessary and it should be left to the cemetery workers and the Parks Director to handle the services and make the necessary arrangements. Chairman Walker pointed out that other cities don't have these problems and the cemetery crew handles the funerals. Mr. Hensley pointed out that the funeral director does not have complete control over a service and you cannot stop a service in the middle just to keep the funeral arrival on schedule. Mr. Wildner requested that members review his proposed policy. Mr. Hensley would like included in the policy that funeral homes do not overestimate or underestimate their arrival time just to avoid a fee. It was noted that currently there doesn't appear to be any late arrivals and now funeral homes are arriving early, which also creates scheduling problems. Mr. Wildner said he would redraft the proposed policy and the Board could review it at next month's meeting. Ms. Padgett felt that this Board needed to take some action on this tonight. Chairman Walker requested that the persons present who wished to testify on this issue speak at this point. Ms. Annie Upshaw stated that weather conditions could also create problems with funerals. Ms. Upshaw asked how long have there been problems with late funerals at the Cemetery? Mr. Hensley replied that this finally surfaced when one funeral home was three hours late on a Sunday and was the only funeral on :that Sunday. Mr. Hensley stated that this Board does not want to ever have to institute a late fee, and the whole point is to solve the problems. Ms. Upshaw also inquired how many employees work at the Cemetery and Mr. Aniki stated there is a staff of three. Ms. Sarah Williams wished to thank the Board for considering the input of the residents and felt this sets a good example for the City by working in partnership with the residents. Ms. Williams requested to know where the policy stands and whether it has been suspended or is still being enforced. Chairman Walker stated the policy is on hold, pending a recommendation from this Board to the City Commission. Ms. Williams wanted to know what this Board would be recommending to the Commission and Chairman Walker said this is what the 6 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 Board would determine tonight. Chairman Walker pointed out that if this Board recommends that the resolution be rescinded, it must be brought back to the City Commission. Ms. Williams pointed out that at the Community Forum it was requested that the resolution be rescinded in fairness to all parties. Mr. McCray pointed out that the penalty was put in place not to penalize anyone, but to have something available to avoid the late arrivals. Ms. Padgett felt that by putting these guidelines into effect and through good communication with the funeral homes the Resolution would never have to be enforced. However, she did not want it taken off the record in order to have something in place to insure the cooperation of the funeral homes. Also, Mr. Hensley pointed out that if a funeral was late, the circumstances could be reviewed by the Parks Department to determine if the penalty should apply. Also, an appeals process could be in place for the funeral home to come before this Board if they didn't concur with the Parks Department decision. Motion Mr. Nyquist moved that the result of this Board's reconsideration of ROO--005 is that the Resolution would stand as written with the addition that the new policy would be sent out to the area funeral directors asking for communication. Ms. Padgett stated that this really would not be an addition to the Resolution, but would be the guidelines for the enforcement of the Resolution. Ms. Kruse pointed out that this Board is supposed to make a decision to have a policy to enforce the Resolution and that the policy as presented has to be revised. This policy was reviewed at the last meeting, but was not accepted at that time as well. Ms. Kruse further stated that the motion states that the Resolution would stand as written with guidelines for the enforcement to send out the policy. Members continued to discuss what should be included in the written policy. Chairman Walker felt that Mr. Wildner, Ms. Kruse and Mr. Aniki should work together to come up with the new guidelines and bring them back to the Board. Motion Mr. Nyquist moved that Mr. Wildner, Ms. Kruse and Mr. Aniki get together to come up with the procedures and present them at the next Board meeting and for reconsideration of ROO-005. Ms. Kruse said that the Board is not going to reconsider the Resolution, but is going to adopt a policy to enforce it. 7 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 Mr. Nyquist withdrew his motion. Ms. Williams requested to make a statement and said she strongly feels the Resolution is very unfair because it is based on inconveniences and noted that the Resolution only refers to late arrivals. Therefore, the Resolution is biased because there are all kinds of inconveniences that can cause delays. Chairman Walker pointed out that this Board cannot change the Resolution, but could only recommend to the Commission to rescind it. Also, he pointed out that since the Resolution was originally adopted there has been a change of Commissioners and the new Commissioners may have a different view of the Resolution. Ms. Padgett feels that for protection the Resolution should remain on the books, but that every effort will be made not to have to enforce it through cooperation with the funeral homes by calling in. Ms. Williams pointed out that if the Resolution is kept on the books, who knows what would happen in years down the line. Also, in the future it may be challenged in the courts and this should be considered. Ms. Williams further felt that the way the Resolution is written it is unfair and noted a television station did a survey and 85% of the people felt the Resolution was unfair. Mr. Hensley said that the press did not fairly present the issue as it should have been portrayed. Mr. Hensley further stated this has nothing to do with race and has been fully blown out of proportion. Ms. Kruse recited to the members from material included in the agenda back-up which stated in effect...that the Cemetery Board voted on February 8, 2000 to unanimously approve a motion not to enforce the recently adopted Resolution assessing a $200 late fee until a permanent policy is established...and that it would be discussed at the Board's next regular meeting on Tuesday, April 11, 2000... Ms. Kruse stated if the Resolution were kept on the books, it needs a policy to enforce or implement it. Motion Mr. Nyquist moved that recommendation of Resolution ROO-005 be tabled until Mr. Wildner, Ms. Kruse and Mr. Aniki bring back to the Board the revised policy. Motion seconded by Mr. Hensley, which unanimously carried. 8 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 Chairman Walker noted the lateness of the time and suggested that some of the remaining items be tabled. Motion Mr. Nyquist moved to table Items VIII. C, E, G, H, J, L. and M, which was seconded by Mr. Hensley. After discussion about the various items remaining, Mr. Nyquist withdrew his motion. It was determined that each item would be tabled as necessary. C. Cemetery Expansion Motion Mr. Hensley moved to table Item C. Motion seconded by Mr. Nyquist and was unanimously carried. D. Fence Request for Bid Proposal Mr. Wildner stated that in the handout there is a picture of the gate, which would be on a rolling track. This is the same system that is in place at the Water Treatment Plant across the street (the Seacrest side). The gate on the Woolbright side will be a swinging gate. Mr. Nyquist noted that the fence was approved to have spears on top, but the drawing shows knobs on top. Mr. Wildner said that he would make sure that the definition of "finial head" would be changed to state "spear~', and the picture does depict spears on top of the pickets. Mr. Nyquist felt that the Chairman or a representative from the Board should have final acceptance of the fence and if there are any changes to the fence, the Chairman of the Board should be notified. Mr. Hensley designated Mr. Nyquist to be the Board's representative for the fence. Motion Mr. Hensley moved to accept the bid as presented for the fence with the accepted changes and that Mr. Nyquist would be consulted if there are any architectural changes and for final acceptance of the fence. Motion seconded by Vice Chair Kuehn. Motion unanimously carried. MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 E. Tree Trimming Bid Proposals Motion Mr. Nyquist moved to table Item E, Tree Trimming Bid Proposals. Motion seconded by Mr. Hensley, which unanimously carried. F. Mausoleum Landscaping Report/Quotes Ms. Hall said that the City received four (4) bids and a copy of the four quotes are included in the agenda packets. Ms. Hall reviewed the quotes that were received. She stated that the Foxtail Palms were to be purchased from Everett Acres since she has seen these palms. If the company wished to purchase the palms elsewhere, she would have to inspect them first. After review members decided to accept the quote from Forest Hill North, Inc. for $8,000.00. Motion Mr. Hensley moved to accept the bid from Forest Hill North, Inc. for $8,000.00. If the quote from Forest Hill North, Inc. for $8,000 should change, the Board would go with Bermuda Landscape & Design, Inc. Motion seconded by Mr. Nyquist, which unanimously carried. G. Marker Fee Motion Mr. Nyquist moved to table Item G, "Marker Fee". Motion seconded by Tim Hensley, which unanimously carried. H. Landscaping at Sara Sims Memorial Gardens Mr. Nyquist asked if the sprinkler system was operational and Mr. Wildner stated that the system is now automatic. If there is new landscaping added, the system would have to be adjusted. Mr. Nyquist requested that Ms. Hall prepare some landscaping drawings for the cemetery with draught-tolerant plant material. Mr. Hensley also inquired about having the cemetery re-sodded. Ms. Hall informed the Board that the Sara Sims Park was over seeded with rye and will be re- seeded again in May with Bahia. Mr. Nyquist inquired if the Cemetery could also be seeded at the same time and Mr. Wildner stated that it could be done at that time. The Parks Department will follow through with this. 10 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 I. New Portable Chapel Members were referred to the price lists for materials in their packet for a second set up at the Cemetery. Mr. Aniki recommended going with B & B Manufacturing. Motion Mr. Nyquist moved that the Board accept the bid from B & B Manufacturing as submitted. Mr. Wildner pointed out that the bids call for two tents. Mr. Hensley asked the Board if they wished to acquire two new tents and members said they would like two new tents. The old tent could be used as a back up. Mr. Nyquist amended his vote to include two tents. Motion seconded by Vice Chair Kuehn. Motion unanimously carried. J. Memorial Monument for Unmarked Dead Motion Mr. Nyquist moved to table Item J, Memorial Monument for Unmarked Dead. Motion seconded by Mr. Hensley, which unanimously carried. K. New Form for Second Setup Mr. Nyquist noted that American Cemetery Supplies, Inc. was the best price at $1,449.00. Motion Mr. Nyquist moved to accept the quote from American Cemetery Supplies, Inc. for a casket puller. Motion seconded by Mr. Hensley, which unanimously carried. Motion Mr. Nyquist moved to accept the quote for a streamliner from Puckett Supply for $1,508.00. Motion seconded by Mr. Hensley, which unanimously carried. Mr. Hensley inquired if any other items were needed for the setups. Ms. Padgett asked Mr. Aniki if another liner was needed and he stated they only have one. Mr. Aniki was requested t° obtain some quotes for another liner. 11 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11,200O Motion Ms. Padgett moved that Mr. Aniki be authorized to purchase an additional liner at the best lowest bid. Motion seconded by Mr. Hensley, which unanimously carried. Reports on Cemetery Areas Assigned to Members Parks Department Report Motion Mr. Hensley moved to table Items L (Reports on Cemetery Areas Assigned to Members) and M (Parks Department Report). Motion seconded by Vice Chair Kuehn, which carried unanimously. IX. NEW BUSINESS Mr. Hensley reported that he received a telephone call from Mr. Brady Osborne, who informed Mr. Hensley that he opposed having crypt-side services, which is equivalent to a graveside service. Mr. Osborne said that this infringes on the people who purchased crypts inside the chapel and that these people were unable to pay their respects because of the services taking place. Mr. Osborne also felt that this was an infringement upon himself as well. Mr. Hensley stated that these services have been taking place since 1982 when the mausoleum was first built. Mr. Osborne did not agree with this and Mr. Hensley suggested that Mr. Osborne bring this to the Board. Mr. Osborne did not feel he would get any satisfaction from this Board and he might bring it up to the City Commission. Mr. Hensley asked Ms. Kruse if there was anything in the contract that pertained to committal services in the chapel and if there is any restrictive use or time of the mausoleum chapel? Also, Mr. Osborne reiterated that he felt any funeral director on this Board is a conflict of interest and Mr. Hensley stated this had been discussed previously with the City Attorney and the former City Manager. Ms. Kruse read from the contract, which stated as follows: "The City shall provide for the opening and closing of the above-described spaces upon request by purchaser. Said opening and closing shall include the use of the chapel, lift and other equipment as is usually provided for this purpose". Ms. Kruse questioned if Mr. Osborne changed his agreements as he has done in the past. Mr. Hensley did not think he could change the contract without coming 12 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 before this Board. Mr. Wildner pointed out that this is Mr. Osborne's contract with the owner and not the City. Mr. Nyquist requested that Ms. Kruse refer to the contract between Mr. Osborne and the City. Ms. Kruse stated she did not find anything in this contract referring to the use of the chapel. Mr. Hensley pointed out that Mr. Osborne sets the policies for the sales of the mausoleum and not for the use of the mausoleum because that is City owned. Mr. Nyquist inquired if this issue should be referred to the legal department? Mr. Wildner informed the Board that Mr. Osborne has been trying to have Mr. Aniki lock the chapel at times when funeral directors have scheduled funerals. Mr. Aniki also stated that Mr. Osborne has been timing the use of the chapel for the services. During one funeral, Mr. Osborne told the representatives from Boynton Memorial Chapel that they could not have use to the chapel and an argument ensued.. Mr. Hensley said that this Board couldn't allow anyone to affect a committal service in the chapel. Mr. Nyquist requested that the legal department research to determine if the chapel could be used for committal services without a time limit and also that Mr. Osborne cannot change his contracts at will. Ms. Kruse will check to determine the language in Mr. Osborne's most current contract. Ms. Padgett stated that the legal department should issue a legal opinion and questioned when the City considers a building City-owned? Mr. Hensley stated that it should apply as soon as a Certificate of Occupancy has been issued. Mr. Wildner said that the City has been maintaining the building all along. Mr. Nyquist requested that the City Attorney address the following issues and respond as follows: · Issue a legal opinion on the use of the chapel. · Determine whether contracts are being changed without knowledge of the City. · Determine that the City owns the building. Ms. Padgett also stated that the City Attorney should also be consulted about the use of vases and members noted that the City Attorney had already issued an opinion that the City could not do this since Mr. Osborne is the exclusive sales agent and is under contract for 30 years. X. OTHER None Xl. ADJOURNMENT 13 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA APRIL 11, 2000 Mr. Nyquist moved to adjourn which was duly seconded by Vice Chair Kuehn. The meeting properly adjourned at 10:25 p.m. Mr. Nyquist pointed out that the Board needs to elect the officers and he moved that the current officers remain as is. Chairman Walker stated this is premature because not all the members have been re-appointed to the Board. Therefore the issue should be postponed. Motion Mr. Hensley moved that the elections of officers be postponed until the next meeting. Motion seconded by Mr. Nyquist, which carried unanimously. Chairman Walker stated that a vote isn't necessary because the meeting is adjourned. Respectfully submitted, Barbara M. Madden Recording Secretary (4 tapes) 14