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Minutes 06-21-07 MINUTES OF THE BOYNTON BEACH CEMETERY BOARD MEETING HELD ON JUNE 21, 2007 AT 6:00 PM, IN THE COMMISSION CHAMBER BOYNTON BEACH, FLORIDA Present: Michael Enkoff, Chair Janet Prainito, Secretary Harry "Dale" Hatch Karilyn Norem Hohner Susan Morrison 1. Call to Order Chair Enkoff called the meeting to order at 6:08 p.m. City Attorney, Jim Cherof and Parks Manager, Tom Balfe, were also present. 2. Attendance Secretary Prainito called the roll and determined a quorum was present. 3. Agenda Approval Tom Balfe, Parks Manager, added a discussion on replacement shutters at the Mausoleum and an update on fencing between the pillars on the Seacrest Boulevard side of the cemetery. These items were added under Parks Report. Secretary Prainito added a request for refund on Lot 498, A & B, Block 0 in the amount of $1,200. The original price was $1,500. This item was added to Item 8, New Business, Item H. There were no other additions or changes. Consensus The agenda was approved by consensus. 4. Approval of Minutes - April 2007 Motion Ms. Morrison moved to approve the minutes as presented. Ms. Hohner seconded the motion that unanimously passed. Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Chair Enkoff commented he liked receiving the minutes electronically. 5. Receipt of Revenue Expense Sheets - March and April, 2007 Motion Secretary Prainito moved to accept the Revenue Expense Reports for March and April. Mr. Hatch seconded the motion that unanimously passed. Chair Enkoff commented since the expenses were recoded and had format changes, the reports were easier to read. 6. Receipt of Sales Reports - April & May, 2007 Motion Secretary Prainito moved approval. Ms. Hohner seconded the motion that unanimously passed. 7. Unfinished Business A. Parks Report - April and May 2007 Mr. Balfe reviewed the April Parks report. There were: ./ 7 Mausoleum Entombments ./ 10 Full Body Burials ./ 1 Ground Cremains ./ 18 Total Funerals ./ 1 DisentombmentfDisinterment Mr. Balfe read the May report. There were: ./ 8 Mausoleum Entombments ./ 13 Full Body Burials ./ 2 Ground Cremains ./ 23 Total Funerals ./ 3 DisentombmentsfDisinterment 2 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Chair Enkoff asked if most disinterments were going to the new national cemetery. He explained he was receiving phone calls on most of them and most were in a niche. Mr. Balfe confirmed all of them were. One was in a niche and put into a crypt with the wife of the cremated gentleman. Only two disinterments went to the Veterans Administration Cemetery. Chair Enkoff asked if the niche fronts were replaced when the remains were removed. Mr. Balfe responded they were. They used temporary laminated fronts, which resembled the permanent crypt fronts nicely. Once the entombed were removed from the niche, the niche went back into the pool of niches available for purchase. The niche fronts would not have anything on them because they used brass letters. Mr. Balfe explained if Chair Enkoff was inquiring about the crypt, and if both names would appear on the crypt, he answered they would. Chair Enkoff further inquired if the disinterment fees taken out of the Mausoleum were enough to pay for engraving the next new crypt front. Mr. Balfe explained there are no fees. Secretary Prainito recalled this issue was discussed but a decision was never reached. The issue was in the contract, but the City does not handle the crypts or niches. The board agreed this issue needed further review and would be added to the list of items to be discussed with Mr. Osborne. Mr. Balfe explained with the cremains they removed, the name was not sandblasted into the crypt front. There was a local vendor who could fill in those letters and polish them off. Chair Enkoff wanted to see the work to determine if there was a shadow, which often occurred and was interested in pursuing the issue further. Replacement Shutters at the Mausoleum Mr. Balfe discussed the shutters and explained Facilities Maintenance requested, and he agreed, the shutters should be replaced. The present storm shutters were old, metal, cumbersome in size, and they needed a bucket truck and staff going up to the second floor to install. Facilities Maintenance suggested using a Lexan product and, on the second story, leaving the shutters up year round or only during hurricane season. After a short discussion it was thought installing them just during hurricane season would add longevity to the shutters. Mr. Balfe explained he obtained quotes and learned there was a great deal of variation whereby one company would install shutters vertically, as opposed to horizontally. Another system said it could be done that way, but it goes against code due to shutter length. Another company suggested hurricane proof vinyl netting and for the stained glass areas, to use accordion style shutters. Mr. Balfe 3 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 suggested vinyl netting to attach to concrete beams that could be removed and installed with predrilled holes in the floor would be sufficient. This type of protection was being used for the second floor of City Hall, and needed to be a minimum of 36-48 inches from the building. Mr. Balfe explained it was becoming increasingly difficult to install the present shutters due to them being bent, and since they were old, they no longer met the grade of metal the existing code required. The present shutters, he advised, were grandfathered in. Mr. Balfe would obtain more information and bring back three vendors for consideration for the next meeting. Chair Enkoff further suggested Mr. Balfe bring the information he received to the Building Department for an opinion. This item was also tabled to the next meeting. Fencing along Seacrest Boulevard Mr. Balfe gave an update on the fencing. He reported the fabricating of the aluminum fence for the Sea crest side of the Cemetery would begin July 2, 2007, and would be completed in three to four weeks. They would then begin to install the fence by the end of July. Facilities Maintenance would remove some of the fencing, pressure-clean, prime and paint the wall, before Massie Fence began their work. On another topic, Mr. Balfe reported the City Commission awarded the sandblasting contract to Lake Worth Monument for Sandblasting/Engraving at an estimated annual cost of $30K. Mr. Balfe explained existing crypt and niche fronts were not bid on. The bid only encompassed all actual work done so the contract should run smoothly. They would do ten fronts a week, with about a one-week turnaround time and with drop-off and pick-up occurring simultaneously. B. Review and approve a license agreement including a license fee that would allow a long or fixed term legal right for benches at the Mausoleum with the City having control (Tabled) Chair Enkoff pointed out there were changes to be made in the license agreement. One change was the license fee. Attorney Cherof explained the license was often substituted for a lease and gave a person a property interest in a parcel of land, and in this instance, for a location and use of a bench. Without some sort of written agreement, they had no right to use it and in theory, the board could direct the use and reuse of it. The license was intended to give permanency to the individual obtaining the license from the Cemetery Board and 4 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 the license fee could lock down the use, and have a fixed or extended term. He explained the license could range from three months to 30 years. Ms. Hohner explained the board's intent was they wanted the City to own the benches and sell them to someone to put their name on, similar to a monument. Attorney Cherof asked if the responsibility for maintenance would be on the owner or on the Cemetery for its long-term care. The board explained benches would be treated as part of the building. Chair Enkoff explained it would be permanent ownership and the amount for the bench would have to include calculations determining the cost of perpetual care. Attorney Cherof suggested an irrevocable license agreement, with one payment up front with perpetual ownership of the interest (bench) included in the sale. Attorney Cherof inquired about the appropriate license fee for this and how to arrive at a value over time. Chair Enkoff explained he surveyed other cemeteries on the matter, and they called it perpetual care but no one was able to advise him how they came up with the fee. There was discussion how that would impact the maintenance of the cemetery. The board wanted this to be limited to the Mausoleum, having designated footprints, with a limited number of benches sold and when they were sold out, they were sold out. Perpetual fees would be calculated in. Secretary Prainito estimated the cost of the bench to be $2K to $3K. Attorney Cherof asked if the benches could be sold back to the City. There could be a removal of an engraving, done at the seller's expense. If it was a disentombment, and the niche was empty, the bench could be resold to someone else. In those instances, the seat portion would be replaced with another piece of granite. An option for the purchaser to sell the bench back to the City at a discount would be included, and handled similar to when issuing refunds for lots. If the City took possession, they would have the right to resell. The City would take the resale value, less the City's cost and the original owner would receive 50% of the net value. Consensus There was agreement to draft language to that effect and the City Attorney would make the changes and bring them back to the board for the next meeting. C. Discuss electricity to island at Boynton Beach Memorial Park Chair Enkoff reported he had a response and the man was still interested in donating a fountain. He announced on Tuesday he went to take photos of the various fountains and the camera batteries were dead. The board had previously discussed this option. Mr. Balfe reported the electric had already been installed and road was done. 5 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Consensus There was agreement to wait on the issue and table it to the next meeting. 8. New Business A. Review and approval of proposal from consultant for the entrance archway at Boynton Beach Memorial Park (Tabled) - Presentation by AI Turk of Fritz Massie. AI Turk, Massie Fence, announced the work on the aluminum panels was forthcoming and advised he thought they could incorporate a gate into the design. The entranceway was a 20-foot wide opening with double swing gates hinged on six-foot aluminum posts. He announced with the exception of an arch, the gate could be installed at the entrance for about $7.5K. The price could also fluctuate up or down contingent on if a name, or scrollwork were included, or on the height of the top level of the gate. Mr. Massie reviewed a PowerPoint presentation. It was noted the gates were not being used as security gates and that drop rods would suffice. Although the board initially wanted an arch, they recognized there were issues with the Fire Department accessibility and that the gates may need to be engineered to wind load and other standards. Additionally, if the gates were open, the arch may not be visible. Chair Enkoff suggested waiting until the new fencing was completed and then reviewing the issue. He explained the board had discussed matching the columns and removing the block, as well as having the name on the gate. The board further discussed if the facility were closed, folks that had keys to the Mausoleum could not enter and exit any time. To close it now would create problems. Mr. Massie left a CD of gate photos. He suggested if a formal proposal was requested, that the City contact him and he would develop one. He announced he could match what the board needed. Chair Enkoff suggested getting the front columns done first, and then reviewing the matter. B. Death Certificates for disinterred or disentombed Mr. Balfe explained the intention was to amend the death certificates for disentombments. If the old certificates were not turned in, there was the possibility of giving two different locations where the person was laid to rest. 6 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Ms. Hohner suggested the family be encouraged to amend the information with the State, but noted the next of kin had to initiate the process and pay for it, which was expensive. She announced funeral directors were limited in what they could do. Mr. Balfe wanted to ensure the City's records reflected where the deceased were moved. Secretary Prainito advised the City's records reflect that information. C. Discuss the construction of the new Mausoleum building Secretary Prainito advised the members she had heard from a woman, Mrs. Oakley, whose parents purchased in the new Mausoleum, but they moved out of State because of health issues. She reported she purchased in the year 2000 and tried a number of times to obtain a refund from Mr. Osborne before they left. Mrs. Oakley was attempting to obtain the refund and reported Mr. Osborne wanted her to submit all original documents to him. Ms. Oakley explained she refused to submit them because, she alleged, the way he treated her was that she did not own in that building. She feared if she released original documents, she would have no proof she did own. Secretary Prainito reported Mrs. Oakley was upset and approached the City Clerk's office requesting assistance. She was ready to approach the newspapers. Attorney Cherof advised he had discussed this matter with the City Manager. He recommended taking New Business Item C and consolidating it with Future Agenda Items D and E. Attorney Cherof explained there was a number of issues the City was concerned about as they entered the last year of the agreement with the Mausoleum. The issues required the City, well in advance of the expiration of the agreement in 2008, to have complete and accurate records. The City needed to know all was done in a timely fashion, and to arrange for transition of authority and control of all the property, records and funds on deposit. Mr. Bressner authorized the formation of a committee for this task comprised of Attorney Cherof, Jody Rivers, Park Superintendent, Chuck Magazine, Risk Management, Bill Mummert, Finance Director and Janet Prainito, City Clerk. The Committee will meet with Mr. Osborne to address all of those issues. He thought in light of the construction of the Mausoleum and there have been sales, by statute, the time period to complete the work was here. This would be the first order of business. Ms. Hohner noted the new building would have to be completed within five years of the date of the first sale. Chair Enkoff specifically read from a document and clarified four years after the date of the first such sale, or when 50% of certain crypts were sold and the purchase price received; whichever occurred first. Ms. Hohner asked when the City took over the Mausoleum, if anything not 7 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 constructed became the City's responsibility. Attorney Cherof explained Mr. Osborne has the responsibility to construct, but it was foreseeable since construction has not commenced on the Mausoleum, it was conceivable construction may not be complete by October of 2008. The issue would become who was responsible and those points would have to be negotiated in concert with an additional, separation agreement. Mr. Osborne's responsibility may extend beyond the agreement to the City. Attorney Cherof advised the City had received a number of calls and letters, and this matter was of great importance to the City. They intended to remedy it as quickly as possible, and Mr. Bressner has given the green light to expedite the process. Ms. Hohner inquired what the statute mandated when the requirements were not met; she thought it said if not completed within five years, he was required by law to give the money back. She commented owners of crypts have to request it. Attorney Cherof advised in addition to coordinating activities, they could ensure all interested parties were put on notice of what their rights were as a sign of the City's good faith. In regard to Mrs. Oakley, Secretary Prainito explained to her the City did not operate the Mausoleum; rather, it was operated by an agent. Mrs. Oakley was very happy to hear that fact. If she went to the newspapers, they needed to understand it was not the City at fault. Attorney Cherof would report back with a status of their request for a meeting and what the agenda of that meeting would be. Attorney Cherof explained Secretary Prainito was a member of the committee and would ensure there was a record of the proceedings. D. Discussion of air conditioning at Mausoleum Mr. Balfe announced the board had requested he speak with Climate Control and Air Ref to obtain a better price for air conditioning. As a result of the directive, he reported the following quotes: ~ $8,075 - William Sanders ~ $10,957 - Air Ref ~ No Bid - Climate Control Chair Enkoff recommended making a decision about the lowest bidder. Ms. Hohner suggested if they would honor that price, to go ahead with it. 8 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Motion Mr. Hatch motioned to move forward with the low bidder. Ms. Morrison seconded. The motion unanimously passed. E. Discussion of decorative block on west side of Mausoleum Mr. Balfe reported during Hurricane Wilma, there was damage and some of the block walls were blown out. He had various photographs with him and he reviewed photo no. 9 in the Sunset Building. The upper half of the decorative block was blown out. He had other photographs of other walls, which also had grout missing. Picture no. 10 had block protruding 1.5 inches from the end. There was rusted wire protruding from the Benediction building and a portion of the frame was almost rusted completely through. Mr. Balfe reported the block needed to be put back up. The other photographs were reviewed and depicted obvious rust damage while others showed grout and mortar missing. Mr. Balfe tried to phone at least seven different vendors. Two vendors came out and both were not interested in bidding on the repairs. Mr. Balfe suggested removing some of the damage and having the chattahoochee pressure cleaned and resealed. He did not know if staff would be able to do that. He thought with the smaller sections they could; however, he had concerns with the upper portions. He thought the City could provide dumpsters and he would try to obtain quotes to haul debris away. Mr. Balfe explained Mr. Osborne built the Mausoleum and Mr. Story constructed the different buildings. Ms. Morrison inquired, if this was his building, why all the discussions were of the City fixing his building. Attorney Cherof explained after completion of the building, the City takes ownership of it and with the ownership, it would assume the responsibility for it. Under the agreement, there was the provision that Mr. Osborne had the obligation to indemnify and hold the City harmless for some types of claims. He could inquire with Risk Management if any claims had been reasserted, but that provision indicated the agent shall indemnify and save harmless the City from all suits, actions, and claims of any character brought on account of any loss, penalty, injury or damage, claimed, received or sustained by any person or persons or governmental body, or property, etc., that arises out of his act of omission, neglect or misconduct. He explained this would be similar to other claims. 9 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Ms. Hohner asked whether there was insurance on the building. Attorney Cherof did not know whether there was or not. He explained insurance was required during construction. He assumed he would have it, but at some point, he would cease making insurance payments or have insurance on the property. Then the City would assume that responsibility. Attorney Cherof, would inquire to see if he had insurance on it. Secretary Prainito asked whether any insurance reimbursement was received. Mr. Balfe responded reimbursement was not made. They were not able to put the wall back up. F. Approve the request of James R. Slie for a refund on Lot 195-A, Block S, Boynton Beach Memorial Park Addition #1. (Original purchase price was $225 less 20% [$45] for a total refund of $180) Chair Enkoff read the request. Motion Mr. Hatch moved to approve. Ms. Morrison seconded the motion that unanimously passed. G. Approve the request of Regenia M. McClennan for a refund on Lot 498, A & B, Block 0, Boynton Beach Memorial Park Addition #1. (The original price was $1,500 less 20% [$300] for a total refund of $1,200) Secretary Prainito read the request and the announced the paperwork was in order. Motion Mr. Hatch moved to approve. Ms. Morrison seconded the motion that unanimously passed. 9. Other None. 10 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 10. Future Agenda Items A. Discuss potential liability of correct placement of human remains in the Mausoleum for entombments. Secretary Prainito explained this item was referred to Attorney Cherof. He explained there were circumstances where the City could have liability regarding the placement or misplacement of human remains in the Mausoleum. Each scenario was based on different fact specific situations. He thought there was potential liability and all due care needed to be taken in making certain human remains are where they are supposed to be, and there are sufficient records to establish that and that nothing is moved without a comparison to the records. He noted most liability issues arise out of poor recordkeeping. The records need to be reviewed and maintained carefully, and be retrieved at any time necessary. Chair Enkoff thought there should be a standard protocol for placement of the males or females being placed on the left or right, or head first or feet first. Mr. Balfe explained there were no procedures for that, and those issues were what predicated the review. Attorney Cherof requested clarification on what degree of detail was being requested. The board discussed the rule should be generic in nature and as long as the request was not unethical, the instructions of the family would control, with records being reflective of those wishes. Ms. Hohner noted the request for which direction the feet were facing was religious, not regulatory. There was agreement to defer to the wishes of the family. Ms. Hohner thought uniformity at the cemetery, with all the head stones facing the same direction was important. As far as which way the casket would be placed, the board again felt the interests of the family, when properly documented should control. Mr. Balfe noted they needed to make sure they were consistent with what Mr. Osborne was doing at the Mausoleum. There was no further discussion of this item. B. City Attorney to draft rule for the Cemetery Rules & Regulations that would provide for specific times and guidelines for disintermentsfdisentombments Attorney Cherof advised he was working on that issue and had collected rules from other cemeteries, both municipal and otherwise. He had expected some degree of consistency but there was none and the rules varied. He would be 11 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 preparing alternative language for the board's review at the next meeting and asked for further direction on what rule the board would like to pursue. Chair Enkoff thought the issue would increase locally due to the Veterans Administration Cemetery opening. Ms. Hohner thought disinterments were more important guideline-wise than disentombments because they required more time. The board thought they should be limited to Monday through Thursday between 8:30 a.m. to 9:30 a.m. and done and out by 10:00 a.m. Attorney Cherof suggested this item be added to the rules because sometimes people ask for a copy of them. They could add language that unless there was compelling evidence why the rule could not be changed to accommodate the family, the disinterments/disentombments would occur as discussed. C. City Attorney to review Code section on the Cemetery for the purpose of updating archaic language, and add definitions. Attorney Cherof was presently working on this issue and would bring the item back to the board at the next meeting. D. City Attorney to determine whether it's appropriate to demand funds the City is entitled to from the Boynton Mausoleum Inc. and/or to compel an audit prior to contract termination. Attorney Cherof was presently working on this issue and would bring the item back to the board at the next meeting. E. City Attorney to begin sending written requests to begin the process of Mr. Osborne turning over records to the City in anticipation of the termination of the contract in 2008. Attorney Cherof was presently working on this issue and would bring the item back to the board for the next meeting. Secretary Prainito explained there were two rule changes that would go before the City Commission at the second meeting in July. This rule would likely go to the Commission after that and the change completed by the end of August. Ms. Hohner asked if there was automatic approval of the VA disinterments so they did not have to go through the entire approval process. Secretary Prainito responded the board presently used a telephone polling system and it had worked out fine so far. Ms. Hohner suggested having automatic approval of all disinterments or disentombments to the VA Cemetery. 12 Meeting Minutes Cemetery Board Boynton Beach, Florida June 21, 2007 Secretary Prainito explained the issue was discussed but there was a rule that specified the Cemetery Board has to approve all disinterments. She explained usually the requests for the VA Cemetery or emergency requests are handled via telephone, otherwise they are put on the agenda. There was discussion on when to hold the next meeting. There was agreement the third Thursday, July 19th, would be appropriate at the regular time. Secretary Prainito announced there have been no applications for the Alternate seat on the Cemetery Board. 11. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:33 p.m. G ClwLi J ~ry?aar Catherine che7ry-Guberman .. Recording Secretary 063007 13