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Minutes 07-14-98 MINUTES OF CEMETERY BOARD MEETING HELD IN CONFERENCE ROOM ‘A’, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JULY 14, 1998 AT 7:00 P.M. PRESENT Tim Hensley, Chairman Glenda Hall, Parks Supervisor Tereesa Padgett, Vice Chairwoman Sue Kruse, Secretary Candy Smith Oris Walker Frances Cleary, Alternate ABSENT Joan Kuehn ALSO PRESENT R. Brady Osborne, Sr. Christine Liberti I. CALL TO ORDER Chairman Hensley called the meeting to order at 7:00 p.m. and asked Ms. Kruse to call the roll. A quorum was declared present. Chairman Hensley welcomed Ms. Liberti to the meeting and welcomed back Ms. Cleary as a returning Board Member. II. AGENDA APPROVAL Mrs. Kruse stated she had two additions to the Agenda (two additional refund requests for the mausoleum). Mr. Osborne joined the meeting and was welcomed by the Chairman and Board Members. Motion Mr. Walker moved to approve the agenda, as amended. Motion seconded by Ms. Smith and carried 6-0. MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 Chairman Hensley stated that Mr. Osborne would be placed first on the agenda to afford Mr. Osborne an opportunity to reply to Chairman Hensley’s letter requesting the status of the mausoleum construction. Mr. Osborne said that when the City changed the zoning of the property on which the mausoleum is constructed from commercial to residential, the original construction plans had to be changed to eliminate 10 feet from the north end of the building. Mr. Osborne stated that he applied for a set back variance from the City, but was denied because of the residential zoning. Mr. Osborne stated that the contract he had entered into with Master Mausoleum was to have construction completed within one year, but it was the filing of the variance that delayed the construction. Also, until the contractor knew the exact size of the building, he could not purchase the correct amount of limestone and granite. Now that the size of the building has been determined, the materials have been ordered and when the contractor returns from out of the Country, construction is scheduled to begin the first week in August and should be completed in approximately four months. Discussion ensued regarding the amount of feet for which the set back had been applied. Ms. Kruse stated that the concern of the City was that the building would be too close to the road. Ms. Cleary inquired if this was for the original building or the new building. Mr. Osborne stated the set back was for the new building. Vice Chair Padgett inquired if any space has been sold in the new mausoleum. Mr. Osborne stated space has been sold, but that sales have been slow for the past two years. Chairman Hensley inquired when sales would begin on the next building? Mr. Osborne stated he did not plan to start sales on the next building, but would notify the Board when sales do begin. Mr. Osborne read a copy of an e-mail message he received from Mr. Story which confirmed what Mr. Osborne relayed previously regarding the start of the construction in August. Ms. Kruse obtained a copy of the zoning variance set back for which Mr. Osborne had applied and presented the application that was heard by the City in December 1997. The Planning and Development Board denied the request for reduction of the minimum side yard set back requirements from 30 feet to 10 feet. Discussion ensued regarding the denial of the application and the difference between a commercial set back versus a residential set back. Mr. Osborne expressed his concerns regarding a newspaper article that recently appeared in the Sun-Sentinel dealing with mausoleum refunds and felt the adverse publicity would encourage people to request refunds. Mr. Osborne stated his contract with the City requires that the money given to the City is for perpetual care of the mausoleums only. Mr. Osborne inquired if these funds were being used for refunds on the mausoleums and inquired what fund was actually making the refunds. Chairman 2 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 Hensley stated that the refunds were from the Cemetery Trust Fund. Ms. Kruse said that there is one Fund with two accounts, one for the cemetery and one for the mausoleum. Mr. Osborne requested that he be recorded as being opposed to the refunds coming from the mausoleum account and also he did not think the City should be making refunds on the mausoleums. Chairman Hensley stated the City feels a responsibility to make these refunds, as it is consistent with cemetery policy to refund 80% of the purchase price of cemetery lots. Also, Chairman Hensley was hopeful that in ten years from now this money can be recouped. Chairman Hensley thanked Mr. Osborne for coming to meeting to address the concerns of the Board members. Discussion ensued regarding the percentage of sales that the City receives from the mausoleum sales being used for perpetual care. Ms. Kruse stated the money goes into one fund for perpetual care and the fund is being renamed by the new proposed ordinance to be called the Boynton Municipal Cemeteries Fund. Ms. Kruse informed the Board that the first sale was made in March 1993, but Mr. Osborne is within the Florida Statutes where construction must begin within four years of the first sale and construction to be completed within five years of the first sale. Ms. Kruse determined from the Building Department that there are five inspections that are required and Mr. Osborne’s permit is active, as long as an inspection takes place every six months. Vice Chair Padgett questioned that if the first sale was made in March 1993 construction should have been completed. Ms. Kruse stated that the Statute also allows for a one- year extension. Also, Ms. Kruse said there is the question of whether the Statute applies to the City, since this is a municipal cemetery and not a private cemetery. After review of the Statute, it was determined that Mr. Osborne was in compliance within the timeframe allowed by law. III. APROVAL OF MINUTES OF JUNE 9, 1998 MEETING Chairman Hensley called for a motion to approve the minutes of the June 9, 1998 meeting. Motion Vice Chair Padgett moved that the minutes of the June 9, 1998 meeting be approved. Motion seconded by Mr. Walker and carried 6-0. IV. RECEIPT OF BALANCE SHEETS 3 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 A. MAY 1998 ( Previously Tabled) B. JUNE 1998 Vice Chair Padgett stated that the reason the May balance was being reviewed at this time was they were not available from the finance department for the June meeting. Mr. Walker inquired if the two months’ Balance Sheets should be considered together? Chairman Hensley suggested that both months be reviewed together. Motion Vice Chair Padgett moved that the Balance Sheets for May and June 1998 be placed on file. Motion seconded by Ms. Smith. Motion carried 6-0. V. RECEIPT OF SALES REPORTS – JUNE 1998 Ms. Cleary inquired who was in charge of renewing Certificates of Deposit (CD) when they become due and was informed that the Finance Director renews the CD’s. Ms. Cleary questioned why there was a discrepancy in the amount of the total fund. One statement lists the total fund at $3,292,976 and the balance sheet lists the total fund at $3,293,148. Chairman Hensley said this issue had been raised at prior meetings and thinks the discrepancy is due to the fact that not all expenses are reported until they are actually paid. Motion Ms. Smith made a motion that the sales report for June 1998 be placed on file. Motion seconded by Vice Chair Padgett. Motion carried 6-0. VI. UNFINISHED BUSINESS A. Parks Department Report (Glenda Hall) Ms. Hall stated she is present tonight for Mr. Wildner who is on two weeks of naval reserve duty. Ms. Hall said that because the heavy rains have caused the branches of the trees to droop, the trees have been trimmed. Also the hedges have been trimmed. The dump truck was inoperable, but staff was creative in using two carts in the performance of their duties. Ms. Hall presented to the members the new cemetery sign for their review and said a new enclosure is being built for the sign. All members 4 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 expressed their pleasure with the appearance of the sign. Ms. Hall said this same lettering was used for signage at the beach, and with no covering, the beach sign lasted 8 to 10 years. Heavy Plexiglas will be placed over the sign, not only for additional protection, but will allow for the sign to be cleaned as a result of any graffiti. Ms. Cleary commended the cemetery employees for the wonderful job they did over Memorial Day. Also, Ms. Cleary said that the chapel needs to be dusted. Ms. Hall stated that the dusting of the chapel is the responsibility of Facilities and whenever a complaint is registered, Facilities is notified. Chairman Hensley stated that there is a bug problem at the mausoleum. Members referred to the Terminix Report that charges $15 a month for this service. Ms. Hall stated that the current problem probably is a result of Terminix not rotating the insecticides. It is important that the insecticides be rotated to prevent bugs from developing immunities to the sprays. Ms. Hall said that Mr. DeBeck of Facilities has been made aware of the problem. Ms. Cleary inquired about the missing rug and was informed that it had been stolen. It was decided not to purchase another rug since the likelihood of other thefts occurring is a good possibility. Ms. Kruse in re-examining the new sign noted that it incorrectly identified two areas as being “A, B and C”. Ms. Hall said she would have the sign corrected. B. Reports on Cemetery Areas Assigned to Members Chairman Hensley stated he has not had an opportunity to view the mausoleum this month, but will report his findings next month. Vice Chair Padgett stated that a great many of the markers need trimming around the edges. Ms. Hall stated that edging could cause damage to the headstones as a result of the blade hitting the concrete base of the headstone. Ms. Smith stated that her area looked good, but noticed along the mausoleum and the hedges, that there was some type of weeds sticking up. Ms. Hall said that the hedges have been trimmed and sprayed with Roundup. Mr. Walker raised concerns about the trimming of the individual headstones, but felt Ms. Hall addressed his concerns previously. Other than the trimming, Mr. Walker stated his section looked good. Ms. Hall mentioned that this is the time of year when the grass grows much faster and staff is limited. Ms. Hall said that the cemetery is mowed at least once a week, but the trimming usually takes place about every third week. C. Refund/Transfer Requests 5 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 1. Refund of $180.00 for Lot 239A, Block N, to Wanda Lacount 2. Refund of $1,607.04 for Crypt C-8, Section F, Devotion Building to Barbara Ditmars 3. Transfer of Lots 308A & B, Block R, to Richard Boyd 4. Refund of $2,721.60 for Crypt D-18,Section A, Sunrise Building, to Randall Parrish 5. Refund of $7,920.00 for Crypt A-2, Section G, in the Chapel, to Jack Pica. Chairman Hensley noted that there were five requests. Ms. Kruse stated that the backup papers for the first three requests were included in their packets and further that the third request was actually a transfer of lots. The two requests that were added to the agenda are a refund to J. Randall Parrish in the amount of $2,721.60 for Crypt D-18 in Section A of the Sunrise Building. Ms. Kruse read the refund request to the Members. The second request is for a refund in the amount of $7,920 for Crypt A-2 in Section G by Mr. Jack Pica. Mr. Pica originally purchased four crypts and was requesting a refund for just one. Ms. Kruse stated that these refunds represented 80% of the original purchase price. Ms. Cleary inquired if the owner of a crypt could sell the crypt on his own and was informed he could. However, most crypt owners are elderly and don’t want the inconvenience of trying to sell the crypt on their own. Motion Mr. Walker moved that the four refunds and one transfer presented to the Members be approved. Motion seconded by Vice Chair Padgett. Motion carried 6-0. Discussion continued regarding the newspaper article that appeared in the Sun Sentinel which resulted in the refund requests for crypts. Ms. Smith stated that the article indicated that the person who requested the refund from the City was under the impression that when he originally purchased the crypt, his money would be refunded if he left the area. Ms. Smith inquired who would make such a statement? Ms. Kruse stated that the City has nothing to do with the sale of the crypts and this should be attributed to either Mr. Pfaff or Mr. Osborne. Ms. Kruse read the letter to the members that was originally written to Boynton Beach Mausoleum and copied to the City Manager, as well as her reply to the Smiths. Mr. Walker inquired if Ms. Kruse forwarded a copy of her response to Mr. Osborne and Ms. Kruse stated she did not. Mr. Walker suggested that Mr. Osborne be sent a copy of her reply. Mr. Walker stated it is important that this Board carefully monitor the construction once it begins in August to assure that it is completed on time. 6 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 D. Review of Proposed Ordinance to Abolish Cemetery Board of Trustees th Ms. Kruse stated the Ordinance was approved on first reading on July 7 and the st second reading and adoption is scheduled for the July 21 Commission meeting. Ms. Kruse informed members that the Assistant City Attorney made the changes to the Ordinance that the Board requested. Ms. Smith stated after reviewing Section 6-3 noted the Ordinance states the Fund “…used solely for the perpetual care, upkeep and maintenance of said cemeteries” and does not allow for any kind of refunds. Chairman Hensley suggested that this discrepancy be referred to the City Attorney for an interpretation of this Section regarding refunds. E. Review of All Cemetery Prices Ms. Kruse stated that when speaking with Mayor Taylor he suggested that the cemetery refund policy should be further examined. Chairman Hensley suggested that after three months in which refunds occur, the policy should be reviewed at that time. Discussion ensued regarding consideration of refunds to include a hardship clause. Chairman Hensley stated he did not feel this should be the role of this Board. Also the percentage of the refunds for the lots should be reconsidered. Chairman Hensley suggested that the matter be further discussed at the August meeting and suggested tabling the matter. Mr. Walker questioned the cost of the opening and closing being much lower than other cities. Vice Chair Padgett explained that other cities include the cost of the equipment in the opening and closing costs, whereas Boynton lists these charges separately. Motion Mr. Walker moved to table the review of all cemetery prices until the August 1998 meeting. Motion duly seconded and carried unanimously. VII. NEW BUSINESS None VIII. OTHER Ms. Kruse said she had one issue to bring before the Board and informed members that a gentleman came into the office and wanted to place his father’s cremains in the mausoleum with his mother’s cremains. However, it was discovered that a relative removed the cremains of the mother in July of 1993 and an attorney has contacted the City Attorney. Ms. Kruse stated at that time the cemetery clerk, Dot Koch received a 7 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA JULY 14, 1998 phone call on July 15, 1993 that this particular woman’s daughter-in-law was coming to take the cremains out of the niche, that she had the ownership papers and did in fact remove the cremains. Now it appears that the son and this particular daughter-in-law have divorced. Another son discovered the missing cremains and Ms. Kruse wanted to bring this situation to the attention of the Board. IX. ADJOURNMENT There being no further business, Mr. Walker moved that the meeting adjourn. Motion seconded by Ms. Smith and the meeting properly adjourned at 8:40 p.m. Respectfully submitted, ____________________________ Barbara M. Madden Recording Secretary (two tapes) 8