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Minutes 10-11-07 MINUTES OF THE BOYNTON BEACH CEMETERY BOARD MEETING HELD ON OCTOBER 11, 2007 AT 6:00 PM, IN CITY COMMISSION CHAMBERS BOYNTON BEACH, FLORIDA Present: Michael Enkoff, Chair Janet Prainito, Secretary Harry "Dale" Hatch Susan Morrison Bonni Glinski, Alternate Absent: Karilyn Norem Hohner 1. Call to Order Chair Enkoff called the meeting to order at 6:08 p.m. Tom Balfe, Parks Manager, and Jody Rivers, Parks Superintendent, were also present. 2. Attendance Secretary Prainito called the roll and determined a quorum was present. 3. Agenda Approval Mr. Balfe requested two items be added to the agenda as follows: (1) update on the electric to the island for the fountain; and (2) gates. Chair Enkoff requested the additions be placed as Items E and F under "8. New Business. " Motion Mr. Hatch moved to amend the agenda as requested. Ms. Morrison seconded the motion that passed unanimously. Meeting Minutes Cemetery Board Boynton Beach, Florida October 11, 2007 4. Approval of Minutes - August 9,2007 Motion Mr. Hatch moved to approve the minutes. Ms. Morrison seconded the motion that passed unanimously. 5. Receipt of Revenue/Expense Sheets - August and September 2007 Chair Enkoff reviewed the reports and had no questions. Motion Secretary Prainito moved to place the reports on file. Mr. Hatch seconded the motion that passed unanimously. 6. Receipt of Sales Reports - August and September 2007 Motion Mr. Hatch moved approval. Ms. Morrison seconded the motion that passed unanimously. 7. Unfinished Business A. Parks Report - August and September 2007 Mr. Balfe reviewed the August Parks report. There were: 13 Mausoleum Entombments 14 Ground Full Body Burials 3 Ground Cremains 30 Total Funerals 1 DisentombmentjDisinterments o Disinurnments Mr. Balfe read the September report. There were: 5 Mausoleum Entombments 15 Ground Full Body Burials 2 Ground Cremains 2 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 22 Total Funerals o DisentombmentsjDisinterments o Disinurnments Motion Mr. Hatched moved to accept the reports. Ms. Morrison seconded the motion that passed unanimously. 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) Motion Secretary Prainito moved to remove the item from the table for discussion. Mr. Hatch seconded the motion that passed unanimously. Secretary Prainito distributed the License Agreement with the changes requested by the board. She advised the License Agreement had gone to the City Attorney's office, and was returned this date with the changes incorporated. Ms. Rivers advised Exhibit "A" referred to the location of the Memorial Bench and was not yet known. Once the location was determined, the Exhibit would be annexed to the License Agreement. Secretary Prainito advised she did not believe the License Agreement was provided to the Mayor, as the board was to approve the language and make a recommendation to the City Commission. Upon the City Commission's approval of the benches, the License Agreement would be executed by the City. Chair Enkoff opined as far as the License Agreement was concerned, it appeared Attorney Cheroff was moving in the right direction. Secretary Prainito added the resale option was included in the License Agreement. Motion Mr. Hatch moved to approve the License Agreement so that it could be forwarded to the City Commission. Ms. Morrison seconded the motion that passed unanimously. 3 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11, 2007 C. Replacement shutters for the Mausoleum. (Tabled) Mr. Balfe advised he had spoken to several vendors since the last meeting, and they were reluctant to furnish a quote unless Mr. Balfe could provide direction as to the type of shutters sought by the board. The vendors indicated the clear panel shutters would not suffice because of the span of the stained glass windows and the two back doors on the Mausoleum. The aluminum shutters currently being used were not up to code and were not Dade-County approved. Additionally, the shutters were worn and would be cumbersome to install when a storm approached. The proposed upgraded, standard aluminum shutters were code approved. Mr. Balfe was provided a ballpark figure of $5,000 for all new shutters, tracks, and whatever else was required. If the board opted for the accordion shutters with mesh shutters on the front doors, (accordions could not be used because of the pillars), the cost would be $15,000-$20,000. Mr. Balfe's recommendation would be to opt for the code-approved aluminum shutters, as neither the accordions nor the clear panel would work on all of the openings, and would ultimately result in three types of shutters on one building. Motion Mr. Hatch moved to look into getting the regular approved aluminum shutters, and believed it would be necessary to replace all the tracks, as they had been there for some time. Mr. Balfe advised the only windows that would be protected were in the chapel. Secretary Prainito inquired whether the ballpark figure of $5,000 would be for all new shutters. Mr. Balfe reiterated that he could not get any of the vendors to make a commitment. Chair Enkoff pointed out the vendors would not commit as they did not know what materials to use. He suggested Mr. Balfe pin down the vendors and obtain an estimate for a quality, thick grade aluminum shutter that was up to code and provide the estimates at the next meeting. Mr. Balfe advised he would proceed to obtain several quotes. Chair Enkoff added the board would provide a performance list, so that quotes would include costs for a quality, thick aluminum shutter, and measurements for all windows and tracks for the building. Secretary Prainito advised that a motion should have previously been made to remove this item from the table. 4 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 Motion Secretary Prainito moved to take this item off the table. Mr. Hatch seconded the motion that passed unanimously. Chair Enkoff suggested obtaining two quotes if three could not be obtained. Mr. Balfe pointed out, depending upon the costs and purchasing guidelines, three quotes were required, unless any of the vendors would agree to acknowledge they were not interested in submitting a quote. Consensus The board agreed to adopt Mr. Hatch's motion to look into getting the regular approved aluminum shutters, and believed it would be necessary to replace all the tracks as they had been there for some time. D. Consider payment options for inscription on Mausoleum crypt and niche new sales Mr. Balfe noted it was important this issue be resolved as there were still approximately 34 crypts and niches with temporary labels. He had spoken with Mr. Osborne who agreed to have all the crypts and niches inscribed, sandblasted and engraved, at his cost. Mr. Balfe's recommendation would be to request Mr. Osborne to pay $120 for each of the crypts. The $120 fee included the full inscription price of $85, and $35 for the company to enter the year of birth and death. For the niche, the cost would be $45 for a full inscription and $35 for the year of birth and death. In addition to paying for each niche and crypt to be inscribed, Mr. Osborne agreed to do this for every new sale that came to fruition after the process was implemented in 2008. Accordingly, it was Mr. Balfe's recommendation a letter be drafted from either the Clerk's office or Mr. Balfe's office. Chair Enkoff believed Mr. Osborne's agreement should be memorialized in writing as well. He inquired as to the process involved to ensure the inscriptions were precise as to spellings of names and birth and death dates. Mr. Balfe indicated his staff printed the inscription just as it appeared on the crypt front. It then would go to Mr. Osborne and to the Clerk's office for verification. The inscription was then sent to the vendor, who faxed a template to Mr. Balfe and upon verification as to accuracy, Mr. Balfe would sign off on the template. Mr. Balfe added he had experienced very few problems as a result of the process. 5 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11, 2007 Motion Mr. Hatch moved to have the Parks Department issue such a letter. Chair Enkoff believed the letter should come from the Clerk's Office. Secretary Prainito offered to draft a letter, commenting the letter could be sent by either the City Clerk's office or Recreation and Parks. Motion Mr. Hatch amended his motion so that a letter could be sent from either office, as long as it was sent. Chair Enkoff added the letter should include a request as to what was to be done, the fees and timeframe. Ms. Rivers indicated the fees would be collected up front for the initial inscription and year of birth and death, so that the families would not be billed at later date. Mr. Balfe added, each time Mr. Osborne sold a crypt, he would issue a check to the City for $120. Secretary Prainito recalled a previous discussion with the City Attorney as to the issue of collecting fees up front, as prices were likely to increase over the years. Chair Enkoff recalled the conversation, and pointed out the City Attorney indicated an option was necessary to proVide for inflationary increases in the costs of materials and labor charged by the sandblasting companies. Secretary Prainito inquired as to what would occur if Mr. Osborne collected $120 at the current time, but the inscription was not needed for several years. Mr. Balfe explained the contract with Mr. Osborne would be expiring and there would no issue once that occurred. Mr. Balfe's concern was to provide closure, as there were crypts currently in use which still bore temporary labels, some dating back to 2006. Chair Enkoff added any new sales would be Mr. Osborne's responsibility until such time as the City took over the contract. Secretary Prainito inquired as to a situation wherein an individual would purchase a crypt on a pre-needed basis, and pay the $120 inscription fee even though the crypt might not be needed for 10 years. As the $120 inscription fee would have increased after 10 years, she wondered how the difference in the cost would be made up. The board recalled conversations with Attorney Cherof and the Finance Department, wherein it was suggested an interest-bearing account be established in which the fees would be deposited. Additionally, the Finance Department could pull their monthly inscription fees from the account. The board agreed the crypts and niches were in need of inscription. Chair Eckoff recommended going forward with the letter to Mr. Osborne, and having the Finance Department set up the interest-bearing account. 6 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 Consensus The board agreed to adopt Mr. Hatch's amended motion so that a letter could be sent from either the City Clerk's office or Recreation and Parks, as long as it was sent. Chair Enkoff added the letter should include a request as to what was to be done, the fees, and a timeframe. The board concurred. Mr. Balfe requested approval of the $120 fee for the crypt and $80 for the niche. Motion Mr. Hatch moved approval of the fees as requested. Ms. Morrison seconded the motion that passed unanimously. E. Update on electric to the island for the fountain Mr. Balfe inquired as to how much power was required for the fountain. Chair Enkoff replied nothing greater than 110 volts was needed. Mr. Balfe also inquired as to how many amps would be needed, as this would have a bearing on the size of the panel to be installed by the electrician. The electrician would like to do all of the work simultaneously. The rack would already be placed, and when FPL did their drop, they would connect the power at the same time. The remainder of the conduit would then be placed in the ground and piped across the driveway in order for the lights to be installed. With regard to Mr. Balfe's inquiry pertaining to the panel, Mr. Hatch believed 110 volts, and no less than 60 amps, were needed. Mr. Balfe pOinted out that most fountain pumps were 220 volts, as were most pool pumps. In light of the uncertainty as to the amount of the power needed, Chair Enkoff requested Mr. Balfe delay his advice to the electrician until an exact amount was determined. Chair Enkoff advised he would personally speak with Mr. Brogen. Mr. Balfe requested Chair Enkoff telephone him with the information in order to proceed with the drop. Mr. Balfe requested clarification as to placement of the lights on the columns, and the board indicated the lights should be placed on top of the columns. F. Gates Mr. Balfe advised he had received additional information from the vendor. The board had previously agreed on design #4, with the inclusion of the initials "BBMP." The $200 per-foot price was only for the gate. There would be an additional charge for the initials of approximately $350 per letter. Further, the $200 per-foot price included four 7 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 gates, as a result of the span of the entrance, and additional engineering would be necessary to make the gates longer. Mr. Balfe estimated the entrance to be 8-10 feet long. He suggested two separate gates be used. However, the price would likely be more than $250 per foot, as supports would be required on the gates, and additional engineering would be required. Mr. Balfe pointed out that the board agreed on the design of the gate at $200 per foot, but had not agreed on footage. If the board opted for the $200 per-foot price, the vendor could not provide a firm price as the additional engineering costs would have to be considered. Mr. Hatch suggested the vendor could provide a firm price based on two 16-foot gates, if the board wished to proceed in that direction. Mr. Balfe inquired whether the board wished to have the initials included and whether they wished to proceed with two or four gates. As the cost was prohibitive, the board decided against the initials, and agreed to opt for two 16-foot gates. Mr. Balfe indicated he would obtain a firm price on two gates. The board still agreed on design #4. Members of the board were impressed with the current fence and pillars and agreed the maintenance building should be painted with the same colors. Mr. Balfe advised he would proceed accordingly with the maintenance building. Mr. Balfe advised that 90% of the wall was painted by an 84-year-old gentleman who resided in High Point, and who had also agreed to paint the curbing and the building. The gentleman would be recognized at a future Commission meeting. The board discussed placement of the name, "Boynton Beach Memorial Park," and suggested this be considered as a future agenda item. Mr. Balfe advised he would provide the information on the fencing at the next meeting. Secretary Prainito requested that the Mausoleum Transition Team Status Report, Item E, under "8. New Business," be moved up, as there were people in the audience who might wish to comment on this item. There was no objection to this request and Chair Enkoff announced this item would be moved in front of Item A, "Enhancement of Sara Sims Cemetery." 8. New Business E. Mausoleum Transition Team Status Report (taken out of ordef) Ms. Rivers announced the Mausoleum Transition Team was comprised of Janet Prainito, City Clerk; Michael Enkoff, Chair of the Cemetery Board; Tom Balfe, Parks Manager; Chuck Magazine, Risk Manager; either the Assistant or Acting Director of Finance; City Attorney Jim Cherof; and Jody Rivers, Parks Superintendent. The Team met to determine strategy on obtaining the information needed to discuss the manner in which 8 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 the transition would be made. The contract would expire on October 18, 2008. The team discussed the need for obtaining good records, which were required to determine sales for both the new and existing Mausoleum. City Attorney Cherof would write to Mr. Osborne's attorney and request all sales records and other pertinent data. A letter was received from Mr. Osborne with regard to the contract. He inquired whether the contract would be continued so that he could construct the new building and complete sales at the Mausoleum, or whether the contract would be allowed to expire, with the City buying out the remainder of the crypts. The Team had not yet determined how this would be handled. As soon as the information was received from Mr. Osborne's attorney, a meeting would be called to determine the Team's next step. Fred Hulett, 619 South "D" Street, Lake Worth, inquired as to the timeframe for the inscription of the niches. Ms. Rivers replied Mr. Balfe would work with Mr. Osborne to have the niches that had already been purchased inscribed. Mr. Balfe added as soon as the letter was sent to Mr. Osborne, and Mr. Osborne's check was received, all the niches would be inscribed, which would take no more than three weeks to complete. Mr. Hulett advised he had paid Mr. Osborne in full and Mr. Osborne had repeatedly contended he had paid the City and was waiting for the City to resolve the matter. Ms. Rivers advised this was incorrect. Chair Enkoff apologized to Mr. Hulett, adding the City Clerk's office was very expedient, and Mr. Osborne would have the letter within a few days. Further, the board would look into this matter as well, and would telephone Mr. Hulett within 30-60 days. Mr. Hulett provided his mother's name and year of birth for the record: Marianne Hulett, born in 1941. Chair Enkoff thanked Mr. Hulett for attending the meeting and explained that, while Mr. Hulett may have paid Mr. Osborne in full, no inscription monies had been paid to the City, and would not until an agreement was reached with Mr. Osborne. Bob Biehl, 4631 Bucida Road, advised he and his wife had made a preconstruction purchase in 2001 for the new building. He expressed concern that, to date, nothing had been done. He sent an e-mail to City Manager Bressnerearlierin the week. Mr. Bressner advised the contract was due to expire next year and discussions were ongoing as to whether the contract would be renewed, and if Mr. Osborne would commence construction of the building. He inquired whether there were plans to construct the building, and whether the City would receive the preconstruction monies collected by Mr. Osborne. 9 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11, 2007 Ms. Rivers advised that Mr. Osborne's attorney submitted plans to the Building Department approximately one month ago. No plans had ever been submitted prior thereto. Mr. Osborne had advised a number of people that the City was responsible for delaying the construction because of the permitting process. This was not true. The plans were under review by the City's Planning Department staff, who met with Mr. Osborne last week to discuss problems with the site plan. Ms. Rivers advised she would check to determine the outcome of the meeting. If the plans were approved, and Mr. Osborne decided to build the Mausoleum, it was anticipated the plans would then go through a review by another committee, and then submitted for actual permitting. If Mr. Osborne had hired a contractor, construction could likely commence in the next 60 to 90 days and, within a year, the Mausoleum could be completed. However, it was not yet known whether Mr. Osborne had determined to go forward with the construction. In the event the City decided not to extend the contract, Mr. Osborne could change his mind. The City Attorney was aware of the situation. Mr. Biehl inquired whether there would be additional inscription fees for the new building. Ms. Rivers advised there would be no additional fees on crypts that had already been purchased. A. Enhancement of Sara Sims Cemetery Chair Enkoff inquired whether the City was going forward with the enhancements to the park and whether the fees could be split to improve the appearance of Sara Sims Cemetery. Ms. Rivers advised the Cemetery Board could choose to allocate funds from the perpetual accounts to do whatever was necessary at Sara Sims. The board should advise Recreation and Parks as to its wishes, and the Department would take the appropriate action. At one point, the CRA was going to purchase additional lots to add to the cemetery. However, financial restrictions appeared to have prohibited this purchase. Chair Enkoff suggested the addition of trees and shrubs, adding he would like to know what Recreation and Parks was going to do. Ms. Rivers advised she would bring back a plan for the board's review. Mr. Balfe advised trees and shrubs would be placed on the boundaries, and irrigation at the cemetery would allow for the survival of plants and shrubs. B. Discussion of the Process and Paperwork for Disinterment Mr. Balfe advised the form previously used did not have as much information as the form contained in the packet, which he obtained from another cemetery. He believed the form contained all the information necessary for disinterments and could also be used for disentombments and disinurnments. The same information below the heading 10 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 could be utilized to make the form universal. The original form used was the State Permit Disinterment Form, as permits were previously required for disinterments. Mr. Balfe advised he sought board approval to begin using this form in the future. Secretary Prainito recounted a situation wherein a request was made by William Frye to disinurn his son's remains, take them over to "A Cremation Service," place them in a new urn, bring them back, and have them put back into the niche. There were no forms for disinurnments. While Mr. Osborne contended he honored such requests on numerous occasions, Secretary Prainito would not agree to Mr. Frye's request pending advice from the City Attorney since there was no proof Mr. Frye was a sole survivor. When Mr. Frye indicated he was no longer married to his son's mother, he was advised the authorization of the mother was also required. To date, this disinurnment has not occurred. In order for the City to be protected, the board agreed the long form in the packet should be used, with the following modifications: (1) "City of Boynton Beach" should appear on the document; (2) the form should cover disinurnments, disentombments and disinterments; (3) language should be added to indicate the requestor was the sole survivor and no other relatives had empowerment; (4) a signatory line should be added for the Funeral Director; and (5) a notarial section should be added. C. Discussion of Disinurnment Issues This item was discussed above. D. Approve the request of Frances M. Del Casino for a refund in the amount of $3,225 for Boynton Beach Mausoleum, Serenity Building, Section A, Crypt C- 26. (Original Purchase Price was $6,450) Secretary Prainito advised the City had not previously bought back crypts; however, in the past week she had received two other requests, and she anticipated more would be received. As stated in the Cemetery Rules and Regulations, the City is not permitted to resell crypts until Mr. Osborne's contract expires. This item was brought before the board as the request was made by Mrs. Del Casino on July 10, 2007. It was not known at this time whether Mr. Osborne's contract would be extended. Mr. Osborne previously purchased back the crypts, and Chair Enkoff believed Mr. Osborne should purchase this crypt as well. Mr. Prainito suggested City Attorney Cherof review this request to determine if the City was required to buy back the crypt. Mr. Hatch agreed the issue should go before Legal. Secretary Prainito advised she would send a memo to the City Attorney and inquire whether or not the City was obligated to purchase the crypt. Chair Enkoff suggested Mr. Del Casino, the son of the 11 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11, 2007 deceased, be invited back for next month's meeting, if he was available. Accordingly, Item D would be noted as "tabled" pending communication with the City Attorney. E. Mausoleum Transition Team Status Report This item was moved to Item A, under "8. New Business." 9. Other A. For Your Information - Copies of Boynton Beach Mausoleum, Inc., 15% of cash receipts from April 2006 to Present This information was submitted pursuant to the board's request at last month's meeting and was the information provided by Mr. Osborne. This information would now be provided quarterly. 10. Future Agenda Items A. City Attorney to draft a rule for the Cemetery Rules and Regulations that would proVide for specific times and guidelines for disi ntermentsj disentombments. Mr. Balfe suggested disintermentsjdisentombments take place weekdays between the hours of 8:30 a.m. and 10:00 a.m. No requests had ever been received for a Saturday disinterment or disentombment. D. City Attorney to draft a rule for the Cemetery Rules and Regulations that would provide for charges for disentombments (taken out of order) Mr. Balfe advised there were no disentombment or opening and closing fees charged in the Mausoleum. Chair Enkoff believed the City should charge a fee for disinterments and disentombments, noting a private cemetery in Palm Beach County would not perform a disinurnment for less than $2,500. It was noted For Boynton Beach Memorial Park, opening and closing fees were $400 on weekdays and $500 on weekends. Chair Enkoff suggested a weekend charge for opening and closing of the grave, which would be the City's fee for disinterment. Mr. Balfe believed the charge would create problems, as the people who purchased crypts and niches from Mr. Osborne believed the fees were all inclusive. Chair Enkoff suggested the charge be termed a "disinterment or disentombment" fee, rather than an opening or closing fee. He believed deceased human remains should not be buried with the expectation of moving the remains, and if a family member opted to do so, they should expect to pay a fee. 12 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 Mr. Balfe noted there were no opening and closing fees for niches at the Mausoleum. Chair Enkoff suggested disinurnment/disentombment fees be charged for this as well. City staff currently performed the disinurnments/disentombments at the Mausoleum. Discussion ensued as to the fees to be charged. Chair Enkoff suggested $500 for crypts and $250 for niches, and the disinurnmentjdisentombment fees would be over and above the opening and closing charges, and would be all inclusive. Ms. Rivers suggested simplifying the process by eliminating the term "opening and closing," and in lieu thereof, using "disinterment, disentombment or disinurnment." She suggested setting separate fees for the niches, the crypts and for in-ground, with the fees to be all inclusive. She would research other municipalities to determine what they charged and would have this information by the next meeting. Mr. Balfe suggested language be added to differentiate fees for biohazardous disentombments to ensure the costs would be borne by the family, and suggested the funeral director advise the families of these costs. B. City Attorney to review Code section on the Cemetery for the purpose of updating archaic language, and add definitions. Secretary Prainito noted the City Attorney had mentioned he was going to review the entire Code as to cemeteries in order to bring it up into the current century; however, his report had not yet been received. C. Mausoleum Transition Team to work on: · The issues of construction of the new Mausoleum building; · Determining whether it is appropriate to demand funds the City is entitled to from the Boynton Mausoleum Inc. and/or to compel an audit prior to contract termination; and · 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 The report from the Mausoleum Team was addressed earlier in the meeting. 13 Meeting Minutes Cemetery Board Boynton Beach, Florida October 11,2007 11. Adjournment Motion There being no further business Mr. Hatch moved to adjourn. Ms. Morrison seconded the motion that passed unanimously. The meeting adjourned at 7:45 p.m. ~QJ Stephanie D. Kahn Recording Secretary 10-15-07 10-18-07 '- 14