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Minutes 08-11-98 MINUTES OF CEMETERY BOARD MEETING HELD IN CONFERENCE ROOM ‘A’, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 11, 1998 AT 7:00 P.M. PRESENT Tim Hensley, Chairman Tereesa Padgett, Vice Chairwoman Sue Kruse, Secretary Joan Kuehn Oris Walker Frances Cleary, Alternate ABSENT Candace Smith I. CALL TO ORDER Chairman Hensley called the meeting to order at 7:05 p.m. and asked Ms. Kruse to call the roll. II. ATTENDANCE Ms. Kruse called the roll and a quorum was declared present. III. AGENDA APPROVAL Motion Ms. Padgett moved to approve the agenda. Motion seconded by Mr. Walker and motion unanimously carried. IV. APPROVAL OF MINUTES – JULY 14, 1998 Ms. Padgett questioned the accuracy of Mr. Osborne’s statement in the minutes that reads: ”…when the City changed the zoning of the property on which the mausoleum is constructed from commercial to residential” Discussion continued as to the exact zoning of the cemetery. Ms. Padgett inquired if Mr. Osborne was referring to the property located across the street from the cemetery. Ms. Kruse stated Mr. Osborne appeared before the Planning and Development Board MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 for a set back variance, which was denied by that Board. Ms. Padgett requested that Ms. Kruse verify the zoning of the cemetery and if the zoning was incorrectly stated in the minutes, it should be clarified. Motion Ms. Padgett moved that the minutes be tabled until the zoning issue can be clarified. Motion seconded by Mr. Walker. Ms. Cleary joined the meeting. Ms. Padgett inquired if any further occurrences have transpired on the removal of the cremains that was discussed at the last meeting? Ms. Kruse said she has had no follow up on the issue. Ms. Padgett stated that a rule should be in place to prevent these happenings in the future. Ms. Padgett suggested that the matter be discussed further with the City Attorney. Ms. Cleary inquired why Mr. Osborne doesn’t buy back the crypts. Chairman Hensley stated that Mr. Osborne does not refund the purchase price of the crypts. Chairman Hensley also stated that the City is not obligated to buy back the crypts, but has elected to buy them back in the same manner as the cemetery lots. This is an issue that will be reviewed during the meeting this evening. Ms. Cleary inquired if the proposed Ordinance discussed at last month’s meeting has been clarified. Ms. Kruse stated that she had brought this omission to the attention of the City Attorney who said he would look into it. Ms. Kruse has not heard back from the City Attorney. Also, Ms. Clearly inquired why the City decided to make refunds on the mausoleum. Chairman Hensley stated that this Board determined to make refunds on the mausoleum at 80% of the purchase price. Chairman Hensley stated at the time of this decision, it was felt there would not be a great many requests for refunds. Also, it would be assisting persons needing the money to access these funds and that the City would resell them at the end of Mr. Osborne’s contract in 2008. There being no further discussion, the motion to table the minutes carried unanimously. V. RECEIPT OF BALANCE SHEETS July 1998 Members reviewed the balance sheets in their packets. Chairman Hensley inquired if the funds in the bank were covered under FDIC, which only covers funds up to $400,000. Ms. Kruse said she had been informed that the $400,000 limit did not apply to government funds. Chairman Hensley inquired if there was a limit? Ms. Padgett 2 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 stated that finance had previously informed the Board that the funds were covered by insurance. Chairman Hensley suggested that when the Certificate of Deposit comes due, that some of the funds be moved from the LGIP and invested at a higher rate. Ms. Cleary inquired if the pesticide rotation was discussed with Terminix? Since Ms. Hall was not present this evening, no determination could be made on this item. The matter will be re-addressed at the September meeting. Ms. Padgett questioned the billing of a $2.20 part and labor at $191 on the ’89 Cushman dumper. Ms. Kruse said she would check into this item. Motion Ms. Padgett moved that the Balance Sheets for July be placed on file, subject to Ms. Kruse checking into the areas questioned. Motion seconded by Mr. Walker. Motion carried unanimously. VII. RECEIPT OF SALES REPORTS – July 1998 Members reviewed the July sales report in their packets. Mr. Walker inquired what the $6,973.00 received from mausoleum represents. Ms. Kruse stated that this figure represents the 20% that the City receives quarterly from mausoleum sales. Mr. Walker noted that during the past ten months the City has refunded $42,140.24 on the mausoleums and that income from sales of the mausoleum was $27,908.42. Motion Ms. Padgett moved that the Sales Reports for July 1998 be placed on file. Motion seconded by Ms. Kuehn. Motion carried unanimously. VII. UNFINISHED BUSINESS A. Parks Department Report No representative from the Parks Department was present this evening and members referred to the Leisure Services; Parks Memorandum included in their packet. Mr. Walker noted that line trimming was taking place today. Chairman Hensley stated that the trimming is visible around the markers. Chairman Hensley noted that the cemetery crew was the recipient of an Employee Incentive Award for setting up a record database to assist the public at the cemetery in locating gravesites. Ms. Kruse stated that the crew shared in a $1,000 award. 3 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 B. REPORTS ON CEMETERY AREAS ASSIGNED TO MEMBERS Chairman Hensley said that he went to Sara Simms this evening (gate was locked). The cemetery looked good and noticed that there were some dry spots and suggested that the irrigation be checked. Chairman Hensley said the mausoleum looked good and further stated that the Terminix treatment was effective since there were dead roaches were visible on the floor. Otherwise, the mausoleum looked clean. Ms. Padgett stated that she rode by the cemetery this evening and it looks satisfactory. Ms. Padgett noticed that the sprinklers need to be adjusted as the sprinklers were going out onto the roadway. Ms. Kuehn stated her section looked fine. Mr. Walker informed members that he had spoken with Mr. Osborne and Ed Pfaff. Mr. Walker stated that Mr. Osborne met with the contractor today. The contractor is back and has started to clean up the site. Mr. Walker stated the dumpster had been moved from the site and he was told that the mausoleum should be completed by the end of the year. Mr. Walker asked Mr. Osborne to attend the meeting this evening, but Mr. Osborne had another meeting to attend. Mr. Walker requested that Mr. Osborne be invited to attend next month’s meeting. Mr. Walker also stated that at the last Commission meeting he was requested by the Mayor to convey to Mr. Osborne the City’s concern about the construction of the mausoleum. Mr. Walker said he would keep on top of the construction situation. Chairman Hensley asked Mr. Walker to discuss with Mr. Osborne how he intends to finish the last wall that faces Woolbright Road since he will not be able to add an additional mausoleum as originally intended. Mr. Hensley stated the bare wall is unsightly. Ms. Padgett noted that Ms. Cleary has not been assigned a section of the cemetery to report on. Ms. Cleary was assigned Blocks N and O (Entering the cemetery from Woolbright Road, these are the sections from the flagpole to the mausoleum. The center road is the southern boundary for these two sections.) C. Refund/Transfer Requests 4 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 1. Refund of $2,776.00 for Crypt B-7 Section C Benediction Building to Thomas A. Cappadona Chairman Hensley inquired if a decision has to be made on the refund request this evening since the Board will be reconsidering the percentage of refunds on mausoleums later in the agenda. Ms. Kruse stated that since Mr. Cappadona nd submitted his request on July 22 before the prices of the mausoleum buy backs are discussed, the present rules must apply. Therefore, the 80% refund on mausoleums applies. Mr. Walker inquired if State statute would require Mr. Osborne to refund any part of this purchase price? Chairman Hensley stated that terms of the Mr. Osborne’s contract would apply, which has a no refund policy in that contract. Ms. Kruse stated that the City would not make any refunds on the new phase, since the City has not received its percentage of the sales prices, or copies of contracts. Refunds are only made on the completed phases of the mausoleum. Chairman Hensley pointed out that the refunds are now more than the City’s share of the sale prices. Discussion continued regarding how much the City should actually refund on the mausoleums. Mr. Walker suggested between 70% to 75% of the purchase price. Ms. Kruse pointed out that the Mayor had suggested 50%. Also, Ms. Kruse reminded the Board that in the year 2008 the crypts can be sold by the City at the market price. Chairman Hensley said that when refunds of the mausoleums were considered, it was done for people in need of the funds and it was not envisioned, as many refund requests would have occurred. Motion Mr. Walker moved that the refund request of Thomas A. Cappadona for $2,776.00 for Crypt B-7, Section C, Benediction Building be approved. Ms. Cleary seconded the motion. Motion carried unanimously. Chairman Hensley stated since the mausoleum refunds are presently being discussed that this item on the agenda (out of order) be discussed next, before the review of cemetery prices. E. Discuss Mausoleum Refunds Continuing on, Chairman Hensley stated that refunds of 80% of the purchase price are too high. Ms. Cleary agreed with the Mayor’s suggestion of 50% of the full purchase price. For clarification it was noted that the City receives from each mausoleum sale 15% for perpetual care and 5% for the general fund, or a total of 20%. Ms. Kuehn 5 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 suggested that only the 20% be refunded. Mr. Hensley restated that the purpose of the refunds is to help people who need the money; may have moved out of the area; have no need for the crypt; or are unable to sell it. Motion Ms. Padgett moved that this Board refund 50% of the purchase price after the owner has made an effort to sell the crypt on their own. Chairman Hensley inquired how this could be monitored. Ms. Padgett suggested they could present some type of advertisement of the crypt. Ms. Cleary seconded the motion. Chairman Hensley asked if there was any discussion. Members discussed different percentages of refunds. Ms. Kuehn suggested that 50% of the purchase price be refunded with the stipulation to be reviewed in six months. Chairman Hensley asked if anyone had any comments regarding Ms. Padgett’s motion that the owner must make an attempt to sell the crypt on their own and how this condition could be monitored. Ms. Padgett suggested that a question on the form that is completed for the refund could contain a statement that the person requesting the refund has attempted to sell the crypt. It was agreed that this would be beneficial and could be included. Ms. Kuehn inquired when this new refund policy would become effective? Ms. Kruse said she would include this on the Commission agenda for the first meeting in rd September, which will be September 3. Chairman Hensley indicated he would like to be present at this meeting. Motion Ms. Padgett moved that this Board refund 50% of the original purchase price and it be placed on the form that the owner has attempted to sell the mausoleum with a review to be made in six months. Ms. Cleary seconded the motion. Motion carried 4-1, with Mr. Walker dissenting. 6 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 D. REVIEW OF ALL CEMETERY PRICES (Tabled) Motion Ms. Padgett moved that a review of all cemetery prices previously tabled be removed from the table. Ms. Kuehn seconded the motion. Motion carried unanimously. Chairman Hensley referred members to the last page of the Cemetery Report which contains a comparison of cemetery lot prices throughout the County that Ms. Kruse prepared. Ms. Padgett suggested that the price of lots for residents should be considered first. Currently, residents pay $375 for a cemetery lot. Ms. Padgett suggested the price of $450 for residents. Chairman Hensley stated there are approximately 1,400 lots remaining. Ms. Kuehn questioned whether the cemetery lots should be limited to City residents only. After discussion it was determined not to limit the cemetery to residents only, since non-residents pay a higher price for the lots. Motion City resident Ms. Padgett moved that the price for a cemetery lot for a be raised to $450 . Ms. Kuehn seconded the motion. Motion carried unanimously. The next lot prices to be discussed were the Reserve Annex area, which is currently $500. Ms. Kuehn inquired to what this applied? Chairman Hensley stated this area is west of the City that at some point in time may be annexed by the City. After discussion it was determined to eliminate a separate price for residents of the Reserve Annex area. The price for cemetery lots would be for residents and non-residents. Motion Reserve Annex Ms. Padgett moved that the price for cemetery lots for residents of the area be eliminated . Motion seconded by Ms. Kuehn. Motion carried unanimously. Chairman Hensley said the next item for consideration was the price for cemetery lots for non-residents. After discussion it was determined not to raise the price for cemetery lots for non-residents. Ms. Kuehn inquired if these prices would also apply to the Sara Simms Cemetery lots as well. Chairman Hensley said that cemetery had different prices and would be looked at separately. 7 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 Motion non-residents remain Ms. Walker moved that the price for cemetery lots for unchanged at $750.00. Ms. Cleary seconded the motion. Motion carried unanimously. no price changes would be made for the After discussion, it was determined that Sara Simms Cemetery. The next item for discussion was the price for opening and closing. Currently opening and closing costs are $192.50 and use of the equipment is $100.00. Chairman Hensley stated that use of the equipment includes a tent set up, chairs and a lowering device. It opening and closing cost to $200.00 plus the $100.00 was decided to round off the for equipment making a total of $300.00. After discussion, It was determined that the charge for opening and closing on Saturday, Sunday and Holidays would be increased to $325.00 and the use of equipment would be $100.00. Motion Saturday, Sunday and Ms. Padgett moved that the price for opening and closings on Holidays would be $325.00 and the use of equipment would be $100.00. Motion seconded by Ms. Cleary. Motion carried unanimously. With regard to the cost of infant lots, it was determined to increase the price to $50.00. The price for opening and closing would be increased to $100.00. There would be no charge for equipment. Chairman Hensley stated that when an infant burial is required, the family does not pay for the grass or 6 chairs, however a tent is not included. If a family requests a tent, an additional $100 fee is charged. Ms. Kruse stated that a memorandum in the file dated October 28, 1997 indicates there is no charge for use of equipment for infant burial. However the charge for grass and 8 chairs or less is a half- charge, which is $50.00. Motion infant lots is $50.00opening and closing costs Mr. Walker moved that the price for ; is $100.00; and green grass and 8 chairs or less is no charge. tent Requests for a and 8 chairs or more will have a $50.00 charge . Motion seconded by Ms. Clearly. Motion carried unanimously. 8 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 Ms. Kruse raised the question of charging for a mausoleum opening and closing on Sundays. Chairman Hensley stated that the mausoleum contract states there is no charge for opening and closing. Ms. Kruse did not feel that mausoleum openings and closings should take place on a Sunday. Also, Ms. Padgett questioned if there should be a charge for holidays as well. Ms. Kruse read the contract, which stated that- “The City shall provide for the opening and closing upon request of the purchaser. Said opening and closing shall include the use of a chapel, lift and other equipment as is usually provided for this purpose.” For clarification, Chairman Hensley stated this was in the purchaser’s contract, and not in the contract with the City. Ms. Padgett suggested that Mr. Osborne be requested to amend his contract to include a charge for Sunday. Chairman Hensley stated that the mausoleum should be available on Sundays if anyone so wishes. Also, Ms. Kruse noted that the crew would receive overtime on Sundays and the City does not get paid. Motion Sunday for the mausoleum be set at Ms. Cleary moved that opening and closings on $225.00. Motion seconded by Mr. Walker. Motion carried unanimously. Ms. Kruse stated she would prepare the Resolutions for the first Commission meeting in September. VIII. NEW BUSINESS None IX. OTHER None X. ADJOURNMENT 9 MEETING MINUTES CEMETERY BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1998 Motion Ms. Kuehn moved that the meeting adjourn. Motion seconded by Mr. Walker. Meeting properly adjourned at 9:00 p.m. Respectfully submitted, _________________________ Barbara M. Madden Recording Secretary (two tapes) 10