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Minutes 11-08-07 MINUTES OF THE BOYNTON BEACH CEMETERY BOARD MEETING HELD ON THURSDAY, NOVEMBER 8,2007 AT 6:00 P.M. IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michael Enkoff, Chair Janet Prainito, Secretary Karilyn Norem Hohner Sue Morrison Bonnie Glinski, Alternate Tom Balfe, Parks Manager ABSENT: Harry "Dale" Hatch I. Call to Order Chair Enkoff called the meeting to order at 6: 11 p.m. 2. Attendance Secretary Prainito called the roll and determined a quorum was present. Also present were members of the City Services Institute. A requirement of the City Services Institute was to attend board meetings. 3. Agenda Approval Item D was a duplicate of Item B and was recommended for removal. Consensus There was consensus to approve the agenda with the recommended change. 4. Approval of Minutes - October 11, 2007 Minutes Ms. Morrison moved approval of the minutes. Ms. Glinski seconded the motion that unanimously passed 1 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 Receipt of Revenue/Expense Sheets - September, 2007 Motion Secretary Prainito moved approval. Ms. Hohner seconded the motion that unanimously passed. 5. Receipt of Sales Reports - October, 2007 Motion Ms. Morrison moved approval. Ms. Hohner seconded the motion that unanimously passed. 6. Unfinished Business A. Parks Division Reports - October 2007 Tom Balfe, Parks Manager gave the following report: ~ 10 Mausoleum Entombments ~ 9 Ground Full Body Burials ~ 3 Ground Cremains ~ 0 Disentombments/Disinterments/Disinurnments B. Replacement Shutters for the Mausoleum (Tabled) Mr. Balfe advised he met with a vendor who could give the best price for shutters and who recently signed a contract with the State and County. He advised the contractor has 1,000 homes he was contracted for regarding shutter installation and Mr. Balfe believed the City could piggyback the contract. The contractor agreed to investigate installing shutters at the cemetery and would advise Mr. Balfe about pricing prior to the next meeting. The present shutters did not meet the Dade County Code because of the gauge of the metal and the length of the shutters. At the last meeting the Cemetery Board decided to go with using aluminum shutters and no mesh, new tracking and the heavier gauged aluminum metal. Mr. Balfe was supposed to obtain quotes and he reported some contractors were reluctant to talk with him or take the time to give a quote unless they got the job. Mr. Balfe will obtain either three quotes or have further information by the next meeting on piggybacking a contract with a vendor. The only thing that may not be included in the bid would be modifications due to the pillars to accommodate some of the openings. This item was tabled to the next meeting. 2 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 C. Consider payment options for inscription on mausoleum crypt and niche new sales (Tabled) Mr. Balfe explained the meeting materials contained a letter and pricing sheet, (bid proposal) which was sent to Mr. Osborne. Mr. Osborne received the information and agreed with the pricing but requested a list of the names of the 34 combination crypt and niche fronts that were included (20 crypts from and 14 niche fronts). Mr. Balfe explained to him he had to provide a response and then the City could accommodate the request. Mr. Osborne wanted to confirm the numbers and use the names as verification. Once he paid the amount he would not have to pay anything else for the fronts. Mr. Balfe reported the request would not pose any problems and it could expedite resolution of the issue. Secretary Prainito indicated of the two visitors at the last meeting, one spoke about engraving, and the other was concerned about the construction of the Peace Building. The board had indicated they would have resolution with regard to the inscription of the fronts by this month. In terms of the mausoleum preconstruction, Attorney Cherof was working on the issue. Secretary Prainito advised she had received some inquiries. Chair Enkoff recalled one individual was extremely apprehensive that he would lose everything he invested because the mausoleum was not constructed yet. Ms. Hohner asked about the time frame between when they sold a crypt or niche and when the construction would commence. Chair Enkoff clarified a certain percentage of crypts/niches had to be sold and those monies placed in escrow before the mausoleum could be constructed. Secretary Prainito also explained she was told by some of the purchasers that they were told if building construction had not begun within five years of the sale, individuals could receive a refund. She explained one man purchased in 2001 and a few individuals purchased in 2000. The outstanding questions were who would refund the money and when would it be constructed. Chair Enkoff clarified each contract was listed and recorded with the State. That information consisted of the list of names, and what Mr. Osborne had sold and what he had in trust. The information was submitted to the State Banking and Finance Division and was audited annually. Additionally, the issue was part of why the Transition Team was formed. The team was comprised of the City Attorney, Parks Superintendent, Interim Finance Director, Chair Enkoff, Secretary Prainito, the Risk Manager and Mr. Balfe and to-date, only one meeting had taken place. It was noted, the City Attorney would report the information to the City Manager. There were a number of items the Transition Team would be working on. Attorney Cherof was waiting for information from Mr. Osborne's attorney and then the next meeting would convene. As it pertained to the inscriptions, Mr. Balfe explained they were waiting for a written response from Mr. Osborne to the City's letter. The City was requesting the total amount up front, but Mr. Osborne indicated he was not paying until 3 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 the crypt fronts were sent out, engraved and returned. There was no time frame specified in the City's letter to Mr. Osborne for him to respond. Ms. Hohner expressed families had loved ones at the cemetery and they did not care who was responsible for engraving the crypt fronts. She stressed the fronts needed to be attended to and she thought it was ridiculous for someone to have to wait two years for an inscription to be provided. The total amount requested was $3,520 and Mr. Balfe pointed out not all crypts had full inscriptions. The names referred to in the letter, more than likely, already had last names and two first names but only one year of birth and death. Mr. Balfe's calculations were based on full inscriptions at $85 and then the $35 for the company to come back and inscribe the second year of birth and death. The majority already had one person entombed and only the year of birth and death would need to be added. Motion Ms. Hohner made a motion to go ahead and get that done. Ms. Morrison seconded the motion that unanimously passed. Chair Enkoff commented he still wanted to see a response from Mr. Osborne. Mr. Balfe agreed and noted in reference to the inscriptions, the families were caught between the City and Mr. Osborne, and further believed Mr. Osborne should be responsible for something, because he had already collected a fee. The board agreed Mr. Osborne should be responsible but it was a matter between Mr. Osborne and the City. Chair Enkoff suggested sending another letter again if no response was received. Secretary Prainito would follow up if a response was not received within 30 days from the date of the letter which was October 22,2007. Chair Enkoff commented that Mr. Osborne needed to be audited. It was suggested asking the Transition Team and the City Attorney review the matter because the board needed to bill for at least what the City would be spending to have the fronts inscribed now. Then the City Attorney could look at the contract and when the City took over the mausoleum, he could determine what was collected, and what the City still needed to provide. Mr. Balfe explained Mr. Osborne's contract did not specify lettering and his contract was 30 years old. The board discussed drafting a letter to Mr. Osborne stating that for the 34 crypt fronts, it had been far too long that crypts and niches containing deceased individuals remained unmarked. The Board decided to move forward with having them engraved and that the bill would follow because that was what he agreed to. Mr. Osborne would be invoiced the amount it cost the City. It was the board's feeling that Mr. Osborne would delay the issue until he was out of the mausoleum but should be advised that he would only be invoiced for items needing to be addressed at the present time. 4 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 Mr. Balfe explained if the board moved forward in that manner, it would void the letter the City had already sent. After further discussion, it was agreed the City would proceed with the engraving and provide, on City letterhead, to Mr. Osborne, the list, along with the last name of the deceased and the totals. Accordingly, the board would not be sending the letter. Mr. Balfe also advised he had been documenting questions and issues he received for the Transition Team to look into as was Secretary Prainito; her calls, however, dealt with refunds, and whether the mausoleum was going to be built. Also on another matter relating to the mausoleum construction, Mr. Balfe relayed Mr. Osborne had indicated to him the permit was taking the normal process and once the permit was issued, he could commence construction within two weeks. For clarity of record, Mr. Balfe explained new sales meant anything sold after 2006 when the first vendor was doing the engraving and only applied to what Mr. Osborne actually sold. 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 $6,3450) (Tabled) This item will remain on the table. The City had not determined whether they wanted to buy crypts back. This was also an issue the Transition Team would be reviewing. Chair Enkoff noted many cemeteries did not buy them back. It was further noted this item did not apply to ground burials, only to the mausoleum. E. Report on survey of disintermentldisentombmentldisinurnment fees (Tabled) Mr. Balfe surveyed three cemeteries and reported the following information: Palm Beach Memorial - Disentombment was $1,995, disinterment was $1,995 and Disinurnment was $395 for ground or mausoleum. Memory Gardens - Disentombment was $2995, disinterment was $2995 and disinurnment was $595. There were fees for a disinterment of a full body, and they had to dispose of the vault. A vault removal/medical waste fee of $500 would apply. State law indicated they would have a fee. Hillcrest - Disentombment was not provided, disinterment $2,995 and disinurnment was $790 for ground or mausoleum. Fees for disinterment of an infant were $550. By comparison, the City charged $400 for disinterments and had done very few disentombments. Mr. Osborne reported the fees for disentombments were $62.50. 5 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 Chair Enkoff advised that was not correct and should be changed. At a minimum, Chair Enkoff suggested charging for the opening and closing for graves or mausoleums and having a hazmat fee for the safety of the employees and others. The present fees for openings and closings were $400 during the week and $500 on the weekends. Any amount set would need to be approved by the City Commission. A fee of $550 - $750 was discussed and if the removal were from the ground, including a medical removal fee should be included. There was a lengthy discussion about the various types of charges. Also discussed was the City would not be making money off disinterments and whether the fees collected could go to a fund for additional costs that could arise. Presently there were no fees for mausoleum openings and closings and Chair Enkoff indicated there should be. The board noted Mr. Osborne may be charging a fee but it was not listed and his contract states there would be no other fees. Mr. Osborne could charge a second right of entombment. This was important because it was anticipated when the Peace Building was built, there would be fees to move those remains over. Any decisions made about those fees would go forward to the City Commission as a recommendation from the board. Motion Ms. Hohner moved to adopt the following fees for disinterments, disentombments, disinurnments, opening and closing fees of $400 $500 from the ground for an urn and then disinternments, disentombments, disinurnment fees of $WO $400 for a casket and vault from the mausoleum. If additional biomedical waste removal or sanitizing was required it would be the responsibility of the owner. Discussion continued among the members as Secretary Prainito left the dais at 7:14 p.m. and returned at 7:16 p.m. with the Schedule of Fees. The following recommendations were made by the members with respect to fees: . A disinurnment from the ground would be $500 including the verbiage about the biomedical waste. . A disinterment would be $900 which includes the work fee for the disinterment and the opening and closing of grave. . Disinterment of an urn for ground burials would be $400. $500. . Disentombment of casketed remains would be $500 and disinurnment of an urn from the mausoleum would be $WO. $400. . The disinterment fee for an infant burial would be $500. . If additional biomedical waste, removal or sanitizing was required, it would be the responsibility of the owner. 6 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 · It would remain the responsibility of the funeral home to ensure that the vault, its contents and marker, were removed from the premises. Motion Ms. Hohner moved to approve as discussed. Ms. Glinski seconded. The motion passed and the item would be forwarded to the City Commission for approval. 7. New Business A. Enhancement of Sara Sims Cemetery (Tabled) Mr. Balfe distributed a drawing for Sara Sims Cemetery and noted the landscaping plans for the park encompassed Norfolk Island Pines, Crype Myrtles, and Foxtail Pines. The board members thought the addition of Southern Magnolia Trees to the west addition and possibly the north would be nice. Accordingly, there would be three magnolias on the west end facing the park. There would be construction south and north of the park as part of the CRA redevelopment plans. The apartments to the north would be removed. Motion Ms. Morrison moved to approve the plan with the addition of some magnolia trees to the west addition and to the discretion of the Superintendent. Ms. Hohner seconded the motion that unanimously passed. B. Approve the request of Marilyn E. Johnson for a refund of Lot 27, Replat Section at Boynton Beach Memorial park, Addition #1. (Original Purchase Price was $225 less 20% ($45) for a total of $180) Secretary Prainito reported the paperwork was in order. Motion Ms. Hohner moved to approve. Ms. Morrison seconded the motion that unanimously passed. 8. Other A. For your information - Copy of Boynton Beach Mausoleum, Inc. 15% of Cash Receipts from July 1,2007 through September 30,2007 Secretary Prainito explained this was the third quarter report from Mr. Osborne's sales. At the last meeting, Secretary Prainito had provided a listing going back to 2006. Moving forward, copies would be provided every quarter and she reported this information was also forwarded to the Transition Team. 7 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 B.. Review the proof of new for disintermentldisinurnmentldisentombment Secretary Prainito distributed a proof of the new form regarding the disinterments, disinurments and disentombments. She commented items discussed from the last meeting were added to the form. Chair Enkoff thought it was an excellent authorization and Mr. Balfe noted the document would be in triplicate form. Motion Ms. Hohner moved to approve. Ms. Morrison seconded the motion that unanimously passed. 9. Future Agenda Items Chair Enkoff read the following items for the board: A. City Attorney to draft a rule for the Cemetery Rules & Regulations that would provide for specific times and guidelines for disinterments/disentombments. Secretary Prainito reported she had not yet heard back from the City Attorney and anticipated receiving a response by the next meeting. B. City Attorney to review Code Section on the Cemetery for the purpose of updating archaic language, and add definitions. 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 D. City Attorney to draft a rule for the Cemetery Rules & Regulations that would provide for charges for disentombments Chair Enkoff explained he did not add discussion of electricity to the agenda. He advised half of the fountains he was aware of used 110 volts and some used 220 volts. The ones of any size that sat inside would probably need to be wired for 220. Mr. Balfe thought they would be more efficient with 220 volts. There was no indication about when the fountain would be forthcoming. The pipe that had been laid under the road 8 Meeting Minutes Cemetery Board Boynton Beach, Florida November 8, 2007 was one quarter inch Schedule 40 to accommodate fountains, lights and probably an electrical receptacle on the island. The board reviewed the gates and Mr. Balfe advised the only quote he had was $6,000 because of the extra engineering that was necessary. This item would be put back on the agenda for the next meeting. The board agreed the new wall looked great. Mr. Balfe advised he met with a vendor who indicated he could provide a custom eight inch letter for $50. Installing lights on the columns were also discussed and they could be installed the same time as the fountain. Mr. Balfe will bring some designs and this item would be put on the agenda for the next meeting. Secretary Prainito asked whether they should remove item 10D since they were moving forward with a recommendation. The City Attorney would be notified about the board's determination to forward a recommendation to the City Commission. 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:59 p.m. C Catherine C rry Recording Secretary 110907 9