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Minutes 01-27-04MINUTES OF THE CEMETERY BOARD MEETING HELD AT THE ART CENTER, 125 SE 2ND AVENUE, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 27, 2004 AT 7:00 P.M. Present Janet Prainito, Secretary John Wildner, Deputy Recreation & Parks Michael D. Enkoff Director Marilyn Huckle Jim Ryzy Susan Morrison, Voting Alternate Absent Teresa Frazier, Vice Chair I. CALL TO ORDER In the absence of the Vice Chair, Secretary Prainito presided and called the meeting to order at 7:04 p.m. I1. ATTENDANCE Secretary Prainito called the roll and declared a quorum was present. Secretary Prainito introduced the new Board member, Michael Enkoff, and John Wildner, Deputy Recreation and Parks Director. Also present was Elizabeth Pierce, Chairperson of the Recreation and Parks Board. II1. AGENDA APPROVAL Motion Ms. Huckle moved to accept the agenda. Motion seconded by Mr. Ryzy and unanimously carried. IV. PRESENTATION ON SUNSHINE LAW/PUBLIC RECORDS - Mike Pawelczyk, Assistant City Attorney Secretary Prainito announced that Attorney Pawelczyk would not be present tonight. The presentation has been postponed to the next Board meeting. V. APPROVAL OF MINUTES - September 23, 2003 Motion Mr. Ryzy moved to approve the minutes. Motion seconded by Ms. Morrison. Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 Ms. Morrison questioned the wording "vaults (coffins)" contained in the second complete sentence of the first paragraph on page 8. After discussion, Mr. Wildner pointed out that there is a difference between vaults and coffins, and he recommended that the word "coffins" be stricken. Mr. Ryzy amended his motion to approve the minutes, as amended. Motion seconded by Ms. Morrison and unanimously carried. VI. RECEIPT OF REVENUE/EXPENSE SHEETS - September, October, November, December 2003 Motion Mr. Ryzy moved to accept the financial statements as presented. Motion seconded by Ms. Huckle and unanimously carried. VII. RECEIPT OF SALES REPORTS - September, October, November, December 2003 Members reviewed the reports as submitted. Mr. Ryzy inquired what "on contract" represented on the report. Secretary Prainito reported that there are people who make monthly payments on the purchase of their plots. Mr. Enkoff inquired if there were any restrictions upon the number of lots that could be purchased and Secretary Prainito was not aware of any. Ms. Huckle noted that there were no infant lots remaining in Boynton Beach Memorial Park. Secretary Prainito explained that infant burials were accommodated at Sara Sims that has infant lots available. Mr. Wildner pointed out that people have also purchased adult lots at Boynton Beach Memorial Park for infant burials. He would like to discuss this further when the appropriate agenda item is addressed. Motion Ms. Huckle moved to approve the Cemetery Report. Motion seconded by Mr. Ryzy and unanimously carried. VIII. UNFINISHED BUSINESS A. Public Works Department Report Mr. Wildner stated that this item was a carryover from the previous agenda and should be changed to the Park's Division. He explained that staff prepares a monthly report that lists the number of burials, entombments, funerals and disinterments. Since the report was not included in the agenda packet, Mr. Wildner obtained a copy prior to the meeting and read its contents into the record. The next agenda would contain the appropriate report. 2 Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 He reported that during the month of December there were 8 entombments in the Mausoleum; 17 ground burials; no disinterments. The report also contained other pertinent details. Mr. Ryzy noted that the report lists the funeral home as "City of Boynton Beach" and asked what this referred to. Mr. Enkoff felt that these were lots that funeral parlors purchased on behalf of a client and that the funeral parlor had 30 days to make payment. Motion Ms. Morrison moved to accept the Park's Division Report. Motion seconded by Mr. Ryzy and unanimously carried. Secretary Prainito introduced Gariot Louima from the Palm Beach Post. B. Reports on Cemetery Areas Assigned to members 1. Blocks W & Y on the South Side - Marilyn Huckle Ms. Huckle reported that her section looked good. 3. 4. 5. Blocks N & O, the area to the west, Old Section to the flagpole Seacrest Boulevard to building on the South Side Mausoleum and Sara Sims Blocks R & S - Teresa Frazier Members did not think that these areas, except for Ms. Frazier's area, have been assigned, since most members are new to the Board. Mr. Ryzy reported that Glenda Hall took the new members on a tour of the cemeteries. Secretary Prainito noted that there is an item on the agenda to determine if this practice should be continued. Ms. Morrison reported that the plantings previously approved by the Board look very nice. Mr. Wildner explained that the tree planted was a Memorial Tree and he gave a brief background on the City's Memorial Tree Program. The City accepts donations for trees and when there are enough funds, trees are planted in various areas throughout the City. Co Proposed Change to Cemetery Rules & Regulations - Rule #18 (Tabled on 9/23/03) Secretary Prainito explained that any proposed change to the language in the cemetery rules and regulations must be forwarded to Mr. Osborne before it is sent on to City Commission. She noted that the changes voted on by the Board at the June 24, 2003 meeting were forwarded to him and his response is included in the agenda packet. Ms. Huckle had no problem with Mr. Osborne's recommendations. However, she stated 3 Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 that she purchased a basket of silk flowers, which he agreed to allow, and then he had them removed. When she confronted him as to why they were removed, he informed her that the container was "too big." She felt that her basket was no larger than other baskets that had been placed at the mausoleum. Mr. Ryzy did not think that there was any difference between the Board's request and Mr. Osborne's response. Ms. Huckle did not think that Mr. Osborne wanted anything that was contained in soil. Mr. Ryzy felt that Mr. Osborne did not want to have artificial flowers permitted. He said that it now appears that Mr. Osborne is having a problem with the size, but is willing to allow silk flowers. Ms. Prainito recommended using Mr. Osborne's language, which members agreed to, and have it incorporated into the rule change. It was also agreed to include the note on the bottom of Mr. Osborne's letter that reads "City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly to the appearance of the Mausoleum." Ms. Huckle pointed out that Mr. Osborne was amenable to allowing plants at the Mausoleum on certain holidays, i.e. Easter, Mother's Day, Father's Day, and Christmas and that potted plants must be removed within 48 hours after the holiday. Ms. Morrison questioned if the word "Christmas" would pose a problem. Mr. Wildner recommended considering additional religious holidays, based upon individual requests. Secretary Prainito stated that if the Board wanted to change the language, it would have to go back to Mr. Osborne for his approval to change Easter and Christmas to "religious holidays." Mr. Ryzy recommended that the item be tabled until the Board receives a response from Mr. Osborne. D. Election of Chairperson (Tabled on 9/23/03) Ms. Huckle nominated Jim Ryzy as Chairman and Michael D. Enkoff as Vice Chairman. Mr. Enkoff was not certain if he wanted to accept the nomination since he was new to the Board and there were many questions that he would like answered. He questioned if the City Commission would have an open ear to the Board's recommendations. Secretary Prainito felt that the Commission would have an open ear to the Board. There had been problems with past Boards, but she felt having a new Board would be beneficial. Mr. Wildner added that previous Board members had their own specific agendas that might have prevented a good working relationship with the Commission. He thought that it was a goal of the City to open up the communication lines between the Board and City since the Board's membership has significantly changed. Ms. Huckle pointed out that since Ms. Frazier is still Vice Chair, she felt that the election of Vice Chair should be postponed until she present. This would also afford Mr. Enkoff additional time to learn more about the Board in the event Vice Chair Frazier did not wish to remain in office. Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 Mr. Ryzy pointed out that even though this Board is an advisory board to the City Commission, it does not necessarily mean that the Commission will accept all of the Board's recommendation. Mr. Ryzy was not certain if the City wanted to expand the cemetery west into the Little League Field because of the championship that the Little League won last year. He inquired why the Little League Field was built in its current location since the land was designated as cemetery space. Mr. Wildner said that he spent a great deal of time researching this and he could not find in the City records that this entire area was ever designated for cemetery use. Secretary Prainito pointed out that this issue appeared later on the agenda and she recommended that the Board finalize the election. Vote The vote was unanimous to elect Jim Ryzy as Chairman. E. Discussion and Consideration of Cemetery Options Mr. Wildner referred to his memorandum dated January 23, 2004 included in the agenda packet and would welcome any recommendations by members. He noted that members of the Cemetery Board over a year ago recommended that the Cemetery be expanded into Little League Park. However, it was never discussed what would happen to the Little League Park. This is a big issue because the Little League Park has a great deal of infrastructure and to replace the infrastructure alone would cost upwards of $3 million. The field originally started out as only two fields and now there are four fields, plus a concession building and dugouts. He also pointed out that Little League play has expanded to encompass many age groups from five years old to 18. As a result, this requires many fields since at one time there can be between 300 to 400 participants. Also, there are two main playing seasons. There is a training season in the fall and the regular summer season that begins in February and ends in August. Mr. Wildner noted that Little League is the single largest recreation program for youth in the City. If the Cemetery did expand into Little League Park, it would be necessary to find a location for a new Little League Park, and the site that the City has is not suitable. With regard to the Quantum Park site, this is a 15-acre site and could only accommodate three fields. He anticipates that the Little League program would continue to grow as the City's population increases. If the Park were, in fact, relocated to Quantum Park, it could not accommodate any expansion to the program. Mr. Ryzy asked what the City options would be if the Ballpark were moved. Mr. Wildner responded that the money to do this needs to be identified. Mr. Wildner pointed out that the problem with the Quantum site is that it is "z" shaped. The City recently approved funding the CIP program that includes many recreational programs; therefore, funding has already been committed for those particular projects. 5 Meeting Minutes Cemetery Board Boynton Beach, Florida January27,2004 Chairman Ryzy asked how the City felt about expansion of the Cemetery west and Mr. Wildner noted that it has been on the Commission agenda for a year without any action. Mr. Enkoff inquired if it would be worthwhile if he prepared a plan to present to the City on how they could make money if they expanded the Cemetery. Mr. Wildner was not certain on this. Mr. Ryzy inquired what the City intended to do if it ten out of space; would the City just go out of the cemetery business? He felt that this would be a loss to the citizens of Boynton Beach who would then be forced to go to the private corporations at a much greater expense. Mr. Wildner said that consideration could be given to increasing the price for a plot for non-residents. Chairman Ryzy felt that the City could sell the lots on a pre-need basis as a means of raising money. Mr. Wildner also pointed out that consideration might be given to finding another piece of property for expansion of the Cemetery. Mr. Enkoff pointed out that moving to another location could be an expense as far as maintenance and staff. Ms. Huckle inquired if Sam Sims Cemetery was being utilized. Chairman Ryzy did not think people wanted to be buried in that Cemetery because of the condition of the area. Mr. Enkoff pointed that the Cemetery has been upgraded and he had interments at the Cemetery recently. He felt that this Cemetery would begin to be utilized a great deal more once the area is improved. Ms. Pierce pointed out that there is a great deal of renovation that will be taking place near that Cemetery that would be an inducement for people to continue to utilize it. She pointed out that a new fence and sign have been put up and once the Heart of Boynton gets going, the area would become greatly improved. Mr. Wildner explained that the Heart of Boynton is a redevelopment effort involving the areas around Seacrest and Martin Luther King Boulevards that includes the Sara Sims Cemetery. The irrigation system has been upgraded and the buildings to the north of the Cemetery are earmarked for removal. These properties could be purchased by the City and incorporated into the redevelopment effort that could expand the use of that Cemetery as well. Chairman Ryzy pointed out that there are only 447 graves remaining. Mr. Wildner felt that if the Boynton Beach Memorial Park were expanded to the west, with the increase in the population, the expanded section would fill up quickly. This would result in less park space and another full cemetery. Chairman Ryzy felt that the Cemetery could handle an additional 1,000 graves if it were laid out properly. Mr. Wildner agreed with this. Mr. Wildner felt that it should be the role of this Board to look into the possibility of intensification of Boynton Beach Memorial Park and that the Cemetery should be replatted. There were a number of roads that could be eliminated within the Cemetery. Chairman Ryzy inquired when the City takes over the Mausoleum in 2008 from Mr. Osborne would the City also buy back all the empty spaces. Mr. Wildner said that this was not the case. Mr. Enkoff felt that the City was losing thousands of dollars in the Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 openings and closings at the Mausoleum because these costs were already included when Mr. Osborne sold the space. Also, it is City employees doing Mr. Osborne's work. Ms. Morrison noted that she has not seen the contract. Mr. Wildner stated that these issues were never addressed in the agreement and he was not involved when the agreement was first negotiated. Mr. Wildner noted that there was an item on the agenda on charging a fee for entombments at the Mausoleum. Another way to intensify the use of the Cemetery would be to provide additional cremation spaces. Currently, the rules only allow for full body burial and one cremains in an existing lot and he felt that this could be increased. Chairman Ryzy asked if there would be enough room for all the markers. Mr. Enkoff pointed out that cremation gardens are becoming popular that utilizes every inch designed for that use. Mr. Enkoff recommended that the Board visit a cremation garden to learn how it functions. He felt that this is something that the City could consider. Chairman Ryzy inquired if there was a charge to place cremains in a filled cemetery plot and was informed that it was $82.50 to cover the cost of the opening. Chairman Ryzy felt that this price should be increased. Ms. Morrison inquired if there were any Commissioners that had an interest in the Cemetery and was informed that Commissioner McCray, who was a former Cemetery Board Member, has always expressed an interest in the Cemetery. Secretary Prainito pointed out that Commissioner McCray had routinely attended all the Board meetings. Mr. Enkoff inquired if the City would ever consider building its own mausoleum and Mr. Wildner asked where would the City build it. Mr. Wildner also said that it must be determined if the cemetery business is an essential city service. Chairman Ryzy thought that all municipalities had their own cemeteries and was informed that this was not the case. There were only municipal cemeteries in the older cities. Mr. Wildner also pointed out that Florida is unique in providing municipal cemeteries, where most cities in the northern section of the country use private and religious cemeteries. Chairman Ryzy pointed out that today cremains account for 50% of the burials and, therefore, the cemeteries would not be filling up that quick. Mr. Wildner did point out, however, that the population is continuing to grow. He also stated that the City has no incentive to encourage cremation versus burial. Chairman Ryzy noted that many people who are cremated never get buried in the ground. Mr. Enkoff pointed out that the Catholic religion is now allowing cremations, but the ashes must be buried; they cannot be scattered. Mr. Wildner stated that the Board needs to decide how it wants to proceed. If the Board made a recommendation to study intensification of the existing use, this would relieve the Commission of a great deal of pressure. If the Board chose this direction, they could study how the use could be intensified. Chairman Ryzy thought that the Board should first determine how the Commission wanted to proceed; did the Commission want to Meeting Minutes Cemetery Board Boynton Beach, Florida January27,2004 expand west, or did it want to look at intensification. Ms. Huckle thought that the Commission was waiting for the Board to make a recommendation. Secretary Prainito concurred with Mr. Wildner's recommendation that the Board study intensification of the Cemetery and informing the Commission that this is what the Board is going to focus on. She also felt that the fees for non-residents should be increased or possibility eliminating sales to non-residents entirely. Mr. Enkoff inquired who would bear the expense for the replatting. Secretary Prainito pointed out that there is a cemetery fund and money can be spent inside the cemetery grounds. Staff will determine the costs for this. Ms. Huckle felt that the Board should provide a written report to the City Commission on what the Cemetery Board intends to do and they should have a recommendation within the next few months. Mr. Enkoff pointed out that the recommendations should also include Sara Sims Memorial Park. Secretary Prainito pointed out that Sara Sims also needs to be replatted. Motion Ms. Huckle moved that this Board prepare a report to the City Commission that the Cemetery Board has decided to investigate the possibilities of replatting that would include increasing the fees for interments, openings and closings, the price of the graves and intensification of the use for Boynton Memorial Park and Sara Sims. Motion seconded by Chairman Ryzy. Mr. Enkoff inquired if the recommendation could also include the application of a fee for opening and closing of the mausoleum. Secretary Prainito said that this could be addressed when the mausoleum item is addressed. Vote Motion unanimously carried. IX. NEW BUSINESS Discussion & Decision regarding the need for individual board member reports on Cemetery Areas Motion Chairman Ryzy moved to abandon the Cemetery Reports on separate areas of the Cemetery by members and that all members collectively inspect the Cemetery occasionally and make a report at each meeting if there are suggestions for improvements. Motion seconded by Ms. Huckle. Ms. Huckle inquired if a person has a problem with the Cemetery, whom would they contact? Mr. Wildner said that they should contact his office during normal business hours at 742-6266. Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 Members felt that the Cemetery looked wonderful. Ms. Morrison inquired if the brickwork on Seacrest Boulevard could be cleaned and Mr. Wildner said that it had been cleaned several times in the past. He will follow through on this. Vote Motion carried unanimously B. Discussion & Decision regarding quarterly Cemetery Board Meetings Mr. Wildner recommended that the Board hold special meetings during the next few months and after that make a decision on whether to return to quarterly meetings. He recommended that a special meeting be scheduled for February. Ms. Morrison requested that the meetings be held on a night other than Tuesday. Mr. Wildner stated that a place for the meetings has to be determined as well. After discussion, it was determined to change the meetings to the last Wednesday of the month beginning at 7:00 p.m., place to be announced. Secretary Prainito pointed out that if the Library was the only place available for the meetings, the time might have to be changed to an earlier time. Secretary Prainito will check on the availability of potential meeting sites. Approve request from Dorothy R. Donlon for refund for Boynton Beach Memorial Park Addition #1, Lots 696-B and 697-A & B, Block O in the amount of $360 (Original Purchase Price was $450 less $90 which is a 20% reduction, for a total refund of $360) Motion Ms. Morrison moved for approval. Motion seconded by Ms. Huckle and unanimously carried. Approve the request from Tommy H. Murphy, POA Executor, for refund for Boynton Beach Memorial Park Addition #1, Lot 642A, Block O in the amount of $140 (Original Purchase price was $175.00 less $35 which is a 20% reduction, for a total refund of $140) Motion Ms. Huckle moved for approval. Motion seconded by Ms. Morrison and unanimously carried. E. Cemetery Map and Brochure Mr. Wildner explained that a gentleman who prepares maps approached him with this idea. He asked Mr. Wildner if he felt it would be possible to expand the concept to include a map of the cemetery. The inside of the map could be used for advertising space. Mr. Wildner did not have any price and was merely asking the Board if they 9 Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 wanted to consider doing something along these lines. After discussion, members felt that there was no need to have a map of the cemetery. F. Potential Mausoleum Rule Changes Mr. Wildner reported that there was a problem that occurred recently at the Mausoleum. Chairman Ryzy said that it was the result of a defective casket. Mr. Wildner concurred and stated that as a result of this some remains leaked out onto other crypts, which the City had to clean up at great expense. Discussions have taken place on how to avoid this situation from reoccurring. Ms. Huckle inquired if the City paid for the clean up and Mr. Wildner stated that it did, but it still needs to be determined if the City would be reimbursed. After this incident, Mr. Wildner prepared a report on alternative means to prevent this from reoccurring. Many mausoleums require a plastic tray at a cost of approximately $30 to help minimize any leakage and also require that remains be embalmed. Mr. Wildner pointed out that many crypts have already been sold and it is not known if all these people want to be embalmed. He recommended that a date be selected that would state "from this date on, bodies must be embalmed; however, if a crypt was sold before this date there may be some additional precautions taken to ensure that leaking did not occur." Mr. Wildner also discovered that there are plastic casket protectors available, which could be used to cover the entire casket if a body is not embalmed. Mr. Wildner felt that it was important that if a body was not embalmed that the City be informed. If it involved a pre-need situation, it could be a requirement that a casket protector be utilized and in all situations a tray would be required. Chairman. Ryzy felt that if embalming was required, along with the use of the tray, this should solve the problem of leaking. It was pointed out that Mr. Osborne must be notified of all rule changes and he may have some comments on the embalming requirement because of the expense. Chairman Ryzy pointed that this has nothing to do with Mr. Osborne's expense. This is an expense that would be charged by the funeral home. Secretary Prainito asked what the difference in the costs would be in adopting Mr. Wildner's suggestions and a hermetically sealed casket. The casket cover that Mr. Wildner mentioned cost approximately $200 or less. He was not certain what the cost would be of a hermetically sealed casket and this would be a cost that must be borne by the family. Even though the City would require the tray, Mr. Wildner did not think that this would have to be provided by the City and that it would be the responsibility of the funeral home to secure the tray. Chairman Ryzy felt that this should be a cemetery expense. Mr. Wildner pointed out that the City is not in the cemetery business and he did not think that the City would agree to this. This should be the responsibility of the funeral home. Mr. Wildner pointed out that even an embalmed remains could leak. 10 Meeting Minutes Cemetery Board Boynton Beach, Florida January 27, 2004 Chairman Ryzy pointed out that this would only happen if the casket were defective. With regard to the previous incident he stated that the well on the bottom of the casket broke and the fluids escaped. He also felt that there is a problem with the construction of the Mausoleum. The drains in the crypts installed for the fluids to leak down through were not tilted back properly. Therefore, the fluids did not flow into the drain and this is why the fluids leaked from the front. Mr. Wildner recommended that Mr. Osborne be notified that the Board is discussing requiring that a tray and casket protector be added to the cemetery rules and that they will be considered at the next meeting. Chairman Ryzy suggested that Mr. Osborne add $100 to the sale of the crypts that would include the cost of the tray. Motion Mr. Enkoff moved that all bodies entombed in the Mausoleum be embalmed. Motion seconded by Chairman Ryzy. Mr. Wildner asked if Mr. Enkoff wanted to consider the pre-need situation. Mr. Enkoff amended his motion to state that any body in a pre-need situation that does not want embalming be placed in a hermetically sealed container for use as a casket protector at the expense of the family. Ms. Huckle inquired if this had to go to the City Commission first, and Secretary Prainito pointed out that Mr. Osborne has to be notified first. There is a requirement that Mr. Osborne be notified 45 days in advance prior to any change going to the Commission. Ms. Huckle seconded the amendment to the motion Vote The motion unanimously carried. X. OTHER XI. ADJOURNMENT There being no further business, the meeting properly adjourned at 9:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (January 28, 2004) 11