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Minutes 04-22-04MINUTES OF THE CEMETERY BOARD SPECIAL MEETING HELD AT THE ART CENTER, 125 SE 2ND AVENUE, BOYNTON BEACH, FLORIDA, ON THURSDAY, APRIL 22, 2004 AT 7:00 P.M. Present Teresa Frazier, Vice Chair Janet Prainito, Secretary Michael Enkoff Susan Morrison Absent Jim Ryzy, Chairman I. CALL TO ORDER John Wildner, Deputy Recreation & Parks Director In the absence of the Chair, Vice Chair Frazier presided and called the meeting to order at 7:08 p.m. I1. ATTENDANCE Secretary Prainito called the roll and declared a quorum was present III. AGENDA APPROVAL Secretary Prainito requested to add three items to the agenda as follows: v' Two disinterments: Request from Hyacinth Gunther to remove John C. Gunther v' Request by Joseph Rodriguez to remove his son, Joseph Rodriguez, Jr. v' Copy of a thank-you letter to the Cemetery staff Secretary Prainito furnished copies of these items to the members. Mr. Wildner requested to add an item under "Other" regarding a policy decision. IV. APPROVAL OF MINUTES - February 26, 2004 Motion Mr. Enkoff moved to approve the minutes. Motion seconded by Ms. Morrison and unanimously carried. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 V. RECEIPT OF REVENUE/EXPENSE SHEETS - February & March 2004 Motion Secretary Prainito moved to place them on file. Motion seconded by Ms. Morrison and unanimously carried. VI. RECEIPT OF SALES REPORTS - February & March 2004 Motion Secretary Prainito moved to accept the report. Motion seconded by Mr. Enkoff and unanimously carried. VII, UNFINISHED BUSINESS A. Parks Division Report Mr. Wildner reported that this is an ongoing report that lists the funerals that took place during the month. Motion Mr. Enkoff moved to accept the report. Motion seconded by Secretary Prainito and unanimously carried. B. Proposed Change to Cemetery Rules & Regulations - Rule #18 (Tabled to 3/25/04) Secretary Prainito reported that Rule #18 deals with flowers. It was tabled the last time the Board met. Originally it read: "Potted plants or artificial flowers are not permitted on the Mausoleum complex at any time. Fresh flowers are permitted to remain for a period of three (3) days." The Board requested that this be changed to read: "Fresh flowers, artificial flowers, and potted plants are permitted. One vase per crypt/niche will be allowed." When Mr. Osborne responded to the notice of the rule change, he changed it to state that no artificial flowers would be permitted, except silk flowers. At the same time, Mr. Osborne also included the word Christmas and the Board wanted to change this word to Holiday. Ms. Prainito wrote to Mr. Osborne regarding this change, but she never received a response. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Motion Mr. Enkoff moved to accept the condition without potted plants, with silk flowers, fresh flowers and Holiday flowers being permitted. Mr. Enkoff asked members if they wanted to include a time frame for removal of the plants. Secretary Prainito recalled that the Board was in agreement with Mr. Osborne's recommendations, except they wanted to change Christmas to Holiday. The clean up would be left to cemetery staff, but not more than three days would be permitted. Mr. Enkoff thought that it should read "Religious Holiday Flowers." Mr. Wildner had concerns about including the word "Religious." Secretary Prainito read from Mr. Osborne's letter that stated: "No artificial flowers, except silk flowers, are permitted in or around Mausoleum buildings. All flowers must be placed in front of or near a particular crypt or niche and fresh flowers can remain for a maximum period of three (3) days. One (1) vase per crypt/niche will be allowed. Flowers must be in a container that has a solid base so that it will easily stand erect. Employees will, for maintenance purposes, move and replace these items with care, but the City does not accept responsibility for replacing broken items unless there is a clear negligence on the part of the City employees. After the third day, or in the case of silk flowers, when the Cemetery Manager determines that the flowers have become unsightly, said flowers and holder shall be removed and disposed of in a manner acceptable to the Cemetery Manager." "No potted plants, containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum, except for the holidays of Easter, Mother's Day, Father's Day and Christmas; in those instances, the potted plants shall be removed within 48 hours after the holiday or the posted holiday time frames. (Note: City employees may remove any item placed on a crypt/niche site that becomes untidy or unsightly, in the sole and absolute discretion of the City.)" Mr. Enkoff amended his motion to state that they would accept the changes and use Holiday flowers with no potted plants. Secretary Prainito pointed out that Mr. Osborne was willing to allow potted plants except for the holidays, whereas this Board is saying that they do not want any potted plants. Mr. Enkoff recommended changing the wording to read: fresh flowers and silk flowers are permitted and Holiday flowers must be removed within three to five days, or if they become unsightly. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Secretary Prainito will send a letter to Mr. Osborne notifying him that this Board will accept the first paragraph sited above and the second paragraph would be changed to read: "No potted plants, containing soil, perlite, or other loose materials are permitted in chapels or walkways in the Mausoleum." Secretary Prainito noted that Mr. Osborne would have 45 days to respond to her letter. After that it will be submitted to the City Commission. Vote Secretary Prainito seconded the motion that carried unanimously. Ms. Morrison felt that people would be upset that potted plants are not permitted. Mr. Wildner said it was important that the word gets out as soon as possible. Mr. Enkoff recommended putting up a sign that would be clearly visible. C. Possible Cemetery Rate Increases - Requested by Jim Ryzy In the absence of Chairman Ryzy, Secretary Prainito recommended that this item be tabled. Mr. Wildner noted that Chairman Ryzy was preparing a report to present to the Board. Motion Mr. Enkoff moved to table until the next meeting, but keep it under advisement. Motion seconded by Secretary Prainito and unanimously carried. Mr. Enkoff requested to discuss the Mausoleum Rule Changes dealing with the embalming issue. He reported that there was an article in the newspaper that stated the City Commission adopted that embalming be required in all cases in the Mausoleum and that caskets would be placed in a plastic container. Mr. Wildner responded that this was not correct. The caskets are to be placed on a tray, not a plastic container. Secretary Prainito furnished a copy of the agenda item that the Commission voted on to Mr. Enkoff that had been included in the agenda packet. Mr. Enkoff inquired who would bear the cost of the tray for the caskets. Mr. Wildner stated that he discussed this with Mr. Osborne and Mr. Osborne informed him that he would supply the plastic trays, which cost approximately $40 each, at no charge to the customer. Mr. Wildner had informed Mr. Osborne that he would bring this to the Board for consideration. Mr. Enkoff inquired when this took effect and Secretary Prainito explained that this became effective immediately upon passage of the Resolution, which was April 20, 2004. A letter was sent to all the funeral homes notifying them of this requirement. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Secretary Prainito pointed out that this was contrary to the Ordinance that stated, "The funeral home will bear the cost of the Ziegler style case and plastic trays, but will pass that cost on to the purchaser." This is Rule #24 of the Rules and Regulations. Mr. Wildner inquired if they could accept Mr. Osborne's offer as a policy and permit him to bear the costs. He felt that the intent of the Resolution was to provide that a plastic tray be used and person purchases at the same time. charge, this would not who would bear the cost of it. Mr. Enkoff explained that when a a space in the mausoleum, they also pay for the opening and closing Mr. Wildner pointed out that if the intent were that there would be no be a benefit to the customer. Secretary Prainito pointed out that when Mr. Osborne appeared before the Commission, he did not make this offer. Mr. Enkoff did not think that they should accept Mr. Osborne's offer since the Commission already approved this and Mr. Osborne was notified. Mr. Wildner also reported that Mr. Osborne informed him that he has already ordered the trays. Members felt that at some point, Mr. Osborne would increase the costs for purchasing a crypt in the Mausoleum. Secretary Prainito felt that this should be referred to the City Attorney's Office for his opinion. Mr. Wildner pointed out that this must be implemented immediately and suggested allowing Mr. Osborne to supply the trays until they get a ruling from the City Attorney. Mr. Wildner felt that it would be beneficial to allow Mr. Osborne to purchase the trays and they could store them for him. This would alleviate staff from ensuring that a tray is used. Motion Mr. Enkoff moved to refer this to the City Attorney. Motion seconded by Secretary Prainito and unanimously carried. Mr. Wildner noted that there are customers who purchased crypts prior to the effective date and retain the right to be unembalmed. If a person chooses not to be embalmed, they would have to placed in a Ziegler case. A procedure needs to be devised to ensure that all bodies that are not embalmed are placed in a Ziegler case. Mr. Wildner thought that the City could request that for those persons who purchased a crypt before a certain date, the funeral home could certify that the remains have been embalmed. Mr. Enkoff stated that there is a standard "Embalming Affidavit" that is required under certain circumstances. Mr. Wildner suggested that all entombments be required to submit an Embalming Affidavit, unless the crypt was purchased prior to the effective date of the Resolution. In that event, if the party chose not to be embalmed, the funeral home would have to provide an affidavit that a Ziegler case was used. Mr. Enkoff inquired if the funeral homes have been notified of the embalming requirement. Secretary Prainito stated that she sent a letter today explaining the new Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 rules and included a copy of the new rules and regulations, along with the Resolution. Mr. Wildner pointed out that they need to come up with a way to enforce this rule. Mr. Enkoff reported that it is State law that a body must be refrigerated or embalmed within 24 hours of death. If a body is to be cremated, the body must be refrigerated for 48 hours prior to cremation. This requirement is necessary to rule out if there was evidence of foul play, at which point the Medical Examiner would issue the death certificate and a permit for the cremation. Mr. Wildner asked the Board if they would be agreeable to accepting the affidavits; one for embalming or one stating that a Ziegler case has been used. Mr. Wildner inquired if there was a charge for this affidavit, and Mr. Enkoff that them was none, but it must be notarized. Mr. Enkoff will furnish a sample of the affidavit to Secretary Prainito. Ms. Morrison inquired how the City would know whether a person who has passed away purchased their crypt prior to the effective date. Secretary Prainito explained that the City Clerk's Office keeps a record of all the mausoleum crypts that have been sold. Therefore, they would know that if a crypt was purchased prior to the effective date and if the person being entombed is not embalmed, they would be required to use a Ziegler case. All entombments after April 20, 2004 must be embalmed. Ms. Morrison questioned how a situation like the previous one could be prevented with regard to bodies that are presently entombed without a tray or Ziegler case. Mr. Wildner pointed out that these types of problems usually occur within the first year. Mr. Enkoff added that embalming would prevent these occurrences. Mr. Enkoff explained that caskets are designed to release some pressure. However, when an unembalmed body is placed in a casket, the heat speeds up the process, which is combustible, and could result in an explosion within a few weeks. Mr. Wildner pointed out that the Ziegler case should prevent this from occurring. Mr. Wildner inquired if the Board would accept the procedure of having an affidavit submitted by the funeral home that would either state that the body is embalmed, or if the remains are not embalmed because the crypt was purchased prior to the effective date, a Ziegler case has been used. This would avoid having the Cemetery staff inspect the casket to determine if a Ziegler case has been used and the responsibility would be with the funeral home. Mr. Enkoff noted that the caskets were sealed and could not be opened by the Cemetery staff. Secretary Prainito will send out another letter to this effect. She requested that Mr. Enkoff fax the affidavit to her tomorrow. She will adapt the Embalming Affidavit for the Affidavit stating that a Ziegler case was used. Mr. Enkoff stated that he would also contact the Office of Vital Statistics to see if they have a form as well. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Motion Mr. Enkoff moved to accept the Embalmer's Affidavit and the Affidavit of Ziegler Case or sealed container for unembalmed remains. Motion seconded by Ms. Morrison and unanimously carried. VII. NEW BUSINESS A. Cemetery Survey Mr. Wildner reported that he has been working with the Engineering Department to get a boundary survey prepared that would be the first step to replatting of the Cemetery. They have not received all the quotes so Mr. Wildner could not report on the cost. He did speak with one survey company that thought it might cost around $5,000. This would include a survey of the entire boundary, existing roads, building outlines, etc. Mr. Wildner envisions that the Engineering Department will have some additional requirements that they may want, which would increase the costs. He thought that there was money in the cemetery budget that could be used for the survey. The bids should be in by next month. After the bids are received, there should be a 30-day turnaround. For clarification, Mr. Wildner explained that the Engineering Department would be seeking three or more quotes, but would not actually perform the survey. Mr. Wildner emphasized that it was important to get this done right. In all the years that he has been with the City, they have had very few problems locating gravesites. After the survey is done, they could move forward with the replatting. Motion Mr. Enkoff moved that they accept the lowest bid for the survey not to exceed $7,000. Motion seconded by Secretary Prainito and unanimously carried. Secretary Prainito reported that the first five requests were on the March agenda. Request by Carol Drew to transfer her Lot 41-B, Block W - Boynton Beach Memorial Park - to Susan Prince Co Request by Carol Drew to transfer Lots 51 A&B, Block W - Boynton Beach Memorial Park - to Catherine Drew Request by Marian Besser for refund on Lot 394-A, Block S - Boynton Beach Memorial park - Original Purchase price was $175.00 -Amount to be refunded is 80% of purchase price for a total of $140.00 Request by Mariam Higgins for refund on Lot 380-A, Block N - Boynton Beach memorial Park - Original Purchase price was $375.00 - Amount to be refunded is 80% of the purchase price for a total of $300.00 7 Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Request by Steven Harris for refund on Lots 470 A&B, Block S - Boynton Beach Memorial Park - Original Purchase price was $750 - Amount to be refunded is 80% of the purchase price for a total of $600 Motion Mr. Enkoff moved to accept Items A through F. Motion seconded by Secretary Prainito and unanimously carried. Secretary Prainito noted that there were two additional items added to the agenda as follows: G. Request from Joseph Rodriguez to remove his son, Joseph Rodriguez, Jr. Mr. Enkoff inquired what happens to the grave and Mr. Wildner responded that it goes back into the inventory. Secretary Prainito noted that the request was for disinterment; they did not ask the City to buy back the grave. Secretary Prainito was requested to advise Mr. Rodriguez that he could sell the grave back to the City if he so desired. Request from Hyacinth Gunther to remove John C. Gunther from the Mausoleum. Secretary Prainito noted that this request also included selling the niche back to the City. Mr. Enkoff inquired about the cost of the request and Secretary Prainito noted that the seller would receive 50% of the original purchase price of the crypt. Mr. Wildner said that any niche or crypt that the City bought back, the City could not sell them until the mausoleum ownership is transferred to the City. Motion Mr. Enkoff moved for approval. Motion seconded by Secretary Prainito and unanimously carried. Mr. Wildner noted that the City would assume ownership of the mausoleum in 2008 and the remaining crypts, at which time the City could sell them at today's prices. Ms. Morrison inquired if there have been many crypts sold back to the City and was informed there were only a few. Currently the City receives a 15% deposit from all Mausoleum sales. Mr. Enkoff inquired if the deeds of sale were recorded and Secretary Prainito stated that currently they are not. Mr. Wildner recommended checking into this. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 IX. OTHER For Your Information - Agenda Memorandum and Resolution that was forwarded to the City Commission transmitting the Cemetery Board's recommendation to amend the Cemetery Rules & Regulations regarding requirement to embalm bodies entombed in the Mausoleum B. Policy Decision Mr. Wildner reported that a family that has a unique situation approached him and Secretary Prainito. This family already has a child that is buried in the infant section who died at one year old as the result of a congenital defect. They now have a second child with the same defect who is about to pass away. The family asked if they could disinter the first child and put those remains in the same plot with the second child. He did not feel comfortable with this request and there is no policy that would allow it. Mr. Wildner explained that infants' caskets are more fragile and vaults are optional; therefore, the condition of the first casket would not be known. The family then asked if they could disinter the remains of the first child, purchase a full size lot and put the two children in the same vault in two separate caskets. Mr. Enkoff asked how the marker situation would be handled and Mr. Wildner stated that there would be one marker with two names. Ms. Morrison asked if this would take place in the children's section, and Mr. Wildner stated they would have to purchase an adult plot. The problem came up because there are no infant lots remaining since the family wanted to purchase a second infant lot. Motion Mr. Enkoff moved to approve that the small child be disinterred, as long as the reinterment is in an adult grave with the other child, in the same vault, in two separate caskets, and in the same cemetery. The cost of the disinterment was discussed and members did not think the requesting party should have to pay the full adult cost of $247.50 for disinterment. Mr. Enkoff felt that the price should be less than an adult cost and that the family should be charged only one fee that would include the disinterment and the opening and closing. He pointed out that currently the City does allow cremains to be buried in a grave that contains the remains of one adult. After this came up, Mr. Wildner and Secretary Prainito discussed that there may be some policies that need to be put in place to deal with these special situations. Mr. Wildner felt that once the replatting was done, they are going to have to come up with some new policies for more intensive use of the cemetery. Secretary Prainito also felt that if a policy and procedure manual were adopted, they would have a reference to go to when a unique situation comes up. Meeting Minutes Cemetery Board Boynton Beach, Florida April 22, 2004 Vote Ms. Morrison seconded the motion. Secretary Prainito noted that the total cost would be $247.50. The motion unanimously carried. Ms. Morrison inquired if the Board would continue to meet monthly through the summer months. Mr. Wildner felt it would be feasible to continue to meet so that a lot of work that the Board has been discussing could be completed before he retires in September. Mr. Enkoff would like to continue to meet on a monthly basis, with which other members agreed. X. ADJOURNMENT There being no further business, the meeting properly adjourned at 8:47 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 29, 2004) ]0