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Minutes 01-11-00 MINUTES OF THE CEMETERY BOARD MEETING HELD IN CONFERENCE ROOM “C”, WEST WING, CITY HALL BOYNTON BEACH, FLORIDA ON TUESDAY JANUARY 11, 2000 AT 7:00 P.M. PRESENT Oris Walker, Chairman John Wildner, Parks Superintendent Joan Kuehn, Vice Chairwoman Sue Kruse, Secretary Tim Hensley Tereesa Padgett David Nyquist Mack McCray, Alternate I. CALL TO ORDER Chairman Walker called the meeting to order at 7:00 p.m. II. ATTENDANCE Secretary Kruse called the roll and acknowledged the presence of John Wildner, and Brady Osborne of Boynton Beach Mausoleum Incorporated. Chairman Walker announced that Sarah Williams had telephoned him to advise that she would be in attendance at this meeting. However, at 6:34 p.m. this evening, she telephoned again to advise that she would not be present. Chairman Walker also announced that Ms. Nancy Johnson of WPBF Channel 25 telephoned to alert him to the fact that she might be in attendance later in the meeting. III. AGENDA APPROVAL Mr. Hensley moved to accept the agenda as presented. Mr. Nyquist seconded the motion that carried unanimously. IV. APPROVAL OF MINUTES – NOVEMBER 9, 1999 th Ms. Padgett corrected the minutes of the November 9 meeting as follows: Change the first sentence of Paragraph 1 on Page 5 to read as follows: “Ms. Padgett said she would like to know the difference in price if a decision were made to put spears above the top rail.” Mr. Wildner distributed copies of a diagram of the fencing. Mr. Nyquist requested that the board be permitted to see the bid before it goes out. Mr. Wildner said he would take care of that. 1 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 Motion th Mr. Hensley moved to accept the minutes of the November 9 meeting. Vice Chairwoman Kuehn seconded the motion that carried unanimously. V. RECEIPT OF BALANCE SHEETS – JUNE, JULY, AUGUST & SEPTEMBER 1999 (Tabled) and OCTOBER & NOVEMBER, 1999 Ms. Padgett reminded the members that there had been something unusual in the June Balance Sheet and the board requested clarification. When the Balance Sheet came back, it was not clarified. The report in the agenda backup is identical to what was questioned. Secretary Kruse advised that the Deputy Finance Director provided an explanation, but a new sheet was not reissued. Ms. Padgett moved to place all Balance Sheets on the table until the Finance Director provides clarification. Mr. Nyquist seconded the motion that carried unanimously. VI. RECEIPT OF SALES REPORTS – NOVEMBER & DECEMBER 1999 Ms. Padgett moved to place the Sales Reports on file. Mr. Nyquist seconded the motion that carried unanimously. VII. UNFINISHED BUSINESS A. JOB RESPONSIBILITIES OF CEMETERY WORKERS Secretary Kruse reminded the members that when Assistant City Attorney Cirullo visited with the board, he suggested investigating the use of a “hold harmless” agreement with the funeral directors that use City employees to carry caskets during funerals at City cemeteries. However, Assistant City Attorney Igwe provided a legal opinion that the Cemetery workers should not carry the caskets. In response to Mr. Nyquist, Mr. Wildner advised that the workers are aware of this legal opinion but have not been issued instructions not to do it. Mr. Wildner felt that the funeral directors should be notified of this legal opinion. Consensus There was a consensus of the board that Secretary Kruse should notify the funeral homes that do business with the City of Attorney Igwe’s opinion. B. REPORTS ON CEMETERY AREAS ASSIGNED TO MEMBERS ? Chairman Walker did not have any negative comments about his section. He did point out that the Chattahotchee and the landscaping need to be taken care of. Mr. Wildner reported that the landscaping is in progress. Glenda Hall is following up on getting bids from several landscape suppliers. She has not received all of the verbal or written bids to date. Mr. 2 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 Wildner will ensure that written quotes are provided because of the $2,000 threshold. Mr. Wildner will bring the quotes and written report to the next meeting. Mr. Wildner advised that the installation of the landscaping was delayed because of the hurricane and Ms. Hall’s vacation. ? Mr. Hensley reported that Sara Sims looks the same as usual. Mr. Wildner advised that the irrigation at Sara Sims is almost completed at both the Park and the Cemetery. The contractor has not yet passed the pressure test. Mr. Nyquist suggested following through with landscaping once the irrigation project has been completed. ? Mr. McCray said everything is the same in his section. There has been some improvement and the grass is green since the trees were cut. Mr. Wildner said the crew planted sod in the areas that were under the trees. He suggested that at a future date, the board consider whether or not to replace trees or go to another species. Mr. Wildner has not yet secured outside bids for tree trimming, but will do so and will provide that information at the next meeting. ? Vice Chairwoman Kuehn reported that she compiled a list of the headstones that are crooked or leaning. Mr. Wildner took the list to pass on to the Cemetery crew. ? Ms. Padgett reported that her section looked pretty good even though extra trimming would enhance the appearance. C.PARKS DEPARTMENT REPORT Mr. Wildner reported that Mark Aniki had a prior commitment and could not be present at the meeting. Mr. Aniki provided reports on the Cemetery activity for November and December. (Copies of the reports are attached to the original minutes on file in the City Clerk’s Office.) Motion Mr. Nyquist moved to accept the report. Mr. Hensley seconded the motion that carried unanimously. D. RESOLUTION NO. R00-05 Re: Establishing Late Fee & Two Newspaper Articles pertaining to this Subject. Motion Ms. Padgett moved to place the Resolution on file. Mr. Hensley seconded the motion. Discussion ensued regarding whether or not the public would have an opportunity to speak on this issue at the next City Commission meeting. Secretary Kruse and Ms. Padgett explained that a Resolution does not require second reading or public hearing. The City Commission passed the Resolution at its last meeting and the charge will become effective as of February 1, 2000. Mr. McCray questioned whether the funeral homes or the families would be responsible for paying 3 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 this fee. Secretary Kruse reported that the funeral home would be invoiced since the City does not invoice families directly. Mr. McCray expressed concern about the contracts that are entered into between the families and the funeral homes. Those contracts include the costs for Opening & Closing. He asked for clarification of the City’s recourse if the funeral home has to go back to the family to collect the $200 and the family refuses to pay. Secretary Kruse advised that in discussions with another city, she was told that they had filed a late charge against one funeral home. When that funeral home did not pay, they would not allow them back in with other funerals until they had paid their past-due bill. Ms. Padgett was of the opinion that once the funeral directors explain this to the families, there wouldn’t be a problem. The funeral directors direct the service and should ensure that it follows the proper time schedule. Mr. McCray said he has been a funeral director for Black establishments. The funeral directors explain the timing to the families. However, he has not been trained to tell a family that they only have a certain amount of time to grieve. Mr. McCray said Black funerals take longer because they mourn longer. Mr. McCray said the funeral director does not have control over people’s grief. Mr. McCray is opposed to this charge. Mr. McCray also feels it would be unfair to penalize families that want to use a certain funeral home because there is a $200 bill that is outstanding. Chairman Walker questioned whether Mr. McCray was opposed to the Resolution or the money being collected by the funeral home. Mr. McCray said the Resolution should have been spelled out to the citizens before it was acted upon. In addition, he is concerned about the funeral home having to collect the $200. He questioned why the burden should be on the funeral home. Mr. Wildner explained that a Resolution was passed to set up a charge for late funerals. There are administrative procedures that could be set up by the board that would set the manner by which this charge is interpreted so that it is fair to all concerned. Ms. Padgett reminded everyone that this fee was instituted to cover the overtime charges incurred by the employees. She asked for Mr. McCray’s opinion regarding who should pay those overtime charges. Mr. Hensley posed the following questions: ? Who calls in the estimated time of arrival? Mr. McCray said the funeral director calls in the estimated time of arrival. ? How does he determine that? Mr. McCray responded that the time is estimated by prior funerals. 4 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 ? If there is any question, what do you think he should do? When Mr. McCray said the funeral director should call and notify the Cemetery, Mr. Hensley disagreed and said the minister should be contacted to determine the length of the service. If there is any question, a maximum amount of time should be taken. Mr. McCray said when he handles a funeral, he looks at the program and asks the families how long they expect the service to last. Mr. McCray said they don’t know how long a minister will speak. He has been in situations where families have brought a son home from prison. The funeral director must let him grieve before he returns to prison to finish his term. Mr. McCray said he would not be comfortable limiting this person’s mourning period knowing he is going back to finish a 20-year sentence. When Ms. Padgett questioned who should pay the overtime costs, Mr. Hensley responded that it should be the responsibility of the funeral homes since they arrange the estimated time of arrival. The cost should not go back to the family. Mr. Hensley pointed out that if the funeral director does not pay that fee, he/she probably wouldn’t pay other bills either. Mr. Hensley felt it would be the funeral director’s responsibility to explain to the families why he/she is not paying outstanding bills. Mr. Wildner explained that when it became apparent that there was a problem with lateness, letters were sent to all of the funeral homes. That resulted in a decrease in the number of late arrivals. The intent of the board was that this fee would be a last resort and hopefully it would not have to be used. Mr. Wildner is hopeful procedures could be put in place so that the fee would only be charged after a particular funeral home was notified several times about late arrivals. Staff would appreciate receiving a phone call from funeral homes when they are running late. As long as staff is seeing cooperation, we might not have to levy any charges. Mr. Nyquist reminded the members that the funeral director's job is to direct the funerals. The funeral homes should contact the Cemetery if they are running late. Mr. Wildner felt that based on the publicity that this action has taken, our funeral homes are now more aware that there was a problem. Mr. Wildner feels they will be more cooperative in this area and we will hopefully never have to apply this charge. Ms. Padgett also added that this was an effort to save the citizens of Boynton Beach money. When Mr. McCray said this fee penalized Afro-Americans, Mr. Hensley and Ms. Padgett said this was not a racial issue. This is an issue of the funeral directors improperly estimating the time of arrival. It has nothing to do with race or the length of funerals. Chairman Walker called for a roll call vote on the motion. Chairman Walker - Yes Vice Chairwoman Kuehn - Yes Secretary Kruse - Yes Mr. Hensley - Yes Mr. Nyquist - Yes Ms. Padgett - Yes 5 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 Secretary Kruse will forward the letter to the funeral directors. Secretary Kruse advised that she received notification from the City Manager that Sarah Williams had called to ask Mr. Hawkins to attend a community meeting at Galaxy Elementary School at 7:00 p.m. th on Wednesday, January 12. in regard to the Cemetery fee issue. She also requested that the City employee who schedules burials be in attendance. Mr. Hawkins asked Sue Kruse to attend and to notify the Cemetery Board members and Oris Walker to be in attendance. Mr. Wildner advised that he spoke with Sarah Williams and was willing to attend this meeting at Mr. Hawkins’ direction. However, he and Wilfred were already scheduled to attend the CRA meeting and Mr. Hawkins felt it was necessary for him to be at that meeting. Mr. Hensley and Vice Chairwoman Kuehn will try to attend the community meeting. VIII. NEW BUSINESS A. REFUND REQUEST FROM JOAN LEEK FOR LOT 61-A, BLOCK R, B.B.M.P. IN THE AMOUNT OF $140.00. Motion Mr. Hensley moved to refund this amount to Ms. Leek. Mr. Nyquist seconded the motion that carried unanimously. B. CLEANING OF MONUMENTS Ms. Kuehn requested that an effort be made to pressure clean the monuments in the Old Section before the fence is erected. Mr. Wildner reported that a pressure cleaner is available, but no attempt has ever been made by City staff to pressure clean the monuments. He is unsure of the result. Mr. Hensley advised that muriatic acid and water is used in most cases to clean the stones. Just a little bit of scrubbing produces good results without the use of a pressure cleaner. Mr. Nyquist recommended that Mr. Wildner contact Jim at Lake Worth Monument to get his best advice on cleaning the stones. C. SMALL MONUMENT IN OLD SECTION Ms. Kuehn reported that there is a plot of land in the Old Section where people are buried without markers. She proposed the installation of a monument to the people who are buried in that area. Mr. Wildner will provide brochures for review by the members. Ms. Padgett questioned whether some plantings could be placed in the entrance median of the Cemetery off Seacrest Boulevard since the existing plants are not healthy looking. Mr. Wildner said it would be necessary to find shade-tolerant plants. He will discuss this with Glenda Hall. 6 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 IX. OTHER ? Mr. Nyquist asked if the Commission had responded to the board’s remarks about expanding the Cemetery. Secretary Kruse responded negatively and advised a reporter from the Sun-Sentinel requested that information today. Ms. Padgett suggested sending a second memorandum to the Commission letting them know that the press media is checking on it. ? Mr. Nyquist asked about the repairs on the new tent. Mr. Wildner spoke with the fabricator today. We have received the materials but the fabricator was pulled off the job and put on another job. The fabricator indicated he could complete the work by the end of the week. ? Mr. Nyquist requested that Mr. Wildner provide written estimates on tree trimming at the next meeting. ? Mr. Osborne asked if anyone had knowledge of the City changing the name of Certificate of Occupancy to Certificate of Completion. Mr. Wildner said he talked to Don Johnson who kept referring to the term Certificate of Occupancy. When Mr. Wildner spoke about the CO for the Mausoleum, Mr. Johnson said it had been issued. Mr. Osborne said he visited the Building Department today and was told that they had mailed a Certificate of Occupancy to the contractor. The contractor never received it because he would have notified Mr. Osborne so that he could be paid. Mr. Osborne and the contractor negotiated an agreement a few months ago for payment. Mr. Osborne said he told Mr. Wildner approximately two or three weeks ago that he was going to assume that the CO had been issued. When he visited the Building Department today, he was given a copy without signatures or a seal. The Certificate of Completion says it is not valid unless signed by a City official. The person who provided the copy penned a wavy line through the signature line. Mr. Osborne assumed that Mr. Johnson was still upset that the landscaping is not done. Mr. Nyquist advised that the board was not holding up that project. Ms. Hall has been on vacation and prior to that, the hurricane held up the project. The board wants this work completed so that it can move forward with other landscaping projects. Mr. Wildner advised that in every discussion with Don Johnson, he has said the CO has been issued. Mr. Osborne said he is moving forward on that assumption and will turn the funds over that were in the preconstruction project. Mr. Osborne also advised that when he pays the City this time, he would have paid for the land. Therefore, in the future, the City will receive 15% rather than 20%. 7 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 2000 When Mr. Hensley asked if this was stated in the contract, Mr. Osborne said there was a stated amount in the Agreement. Secretary Kruse read the contract and confirmed that the dollar amount was $200,000. At that point, the amount would be 15%. Mr. Osborne said the $200,000 was to pay for the strip of land. This was the retail price of the plots. ? Mr. Osborne said the last time he visited with the board, there was discussion about the bronze letters versus etching. There was the feeling that all of the people who purchased at preconstruction would have to be notified to make the change. Sales in the new building have begun and the people have been told that an attempt is being made to get etching instead of bronze letters. Mr. Hensley recalled that the board decided to retain the bronze letters for continuity of the entire Mausoleum. Mr. Osborne said he receives a great many complaints because people cannot read their names. Some people have attempted to clean the letters with chemicals and it looks tacky. The etching would probably cost Mr. Osborne slightly more than the letters, but he feels it is a much better situation for everyone concerned. In response to Mr. Nyquist, Mr. Osborne was not willing to pay for the etching on all five buildings. Mr. Nyquist asked Mr. Osborne to provide a list of people who complain about the bronze letters. Mr. Hensley asked Mr. Osborne why he is not in agreement with the board’s request to attach vases to each crypt. Mr. Osborne said he is concerned about liability and does not want to be involved in a lawsuit. Mr. Hensley assumed that since City workers would be installing the vases, the City would be liable. However, Mr. Osborne questioned who would be responsible if people were to put a chemical in the flowers that might damage the front of the crypt. Mr. Osborne said he decided a long time ago that he would not agree to this because of the liability. Ms. Padgett referred back to the discussion of the payment for the land and reconfirmed with Mr. Osborne that the land belongs to the City. She likened the payments to rent. X. ADJOURNMENT There being no further business to come before the Cemetery Board, Mr. Nyquist moved to adjourn. Mr. Hensley seconded the motion that carried unanimously. The meeting properly adjourned at 8:07 p.m. Janet M. Prainito Deputy City Clerk (One 90-minute Tape) 8