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Minutes 11-13-08 MINUTES OF THE CEMETERY BOARD MEETING HELD ON THURSDAY, NOVEMBER 13, 2008, AT 6:00 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Michael Enkoff, Chair Tom Balfe, Parks Manager Harry (Dale) Hatch, Vice Chair Jody Rivers, Parks Superintendent Janet Prainito, Secretary James Cherof, City Attorney Bonnie Glinski Karilyn Norem Hohner ALSO PRESENT: Leah Krasnoff, Cemetery Clerk 1. Call to Order The meeting was called to order at 6:01 p.m. 2. Attendance Secretary Prainito called the roll. A quorum was present. 3. Agenda Approval Mr. Balfe requested Item I, “Discussion on Purchase of Office Furniture for the Cemetery Office” be added under “8. New Business.” Ms. Prainito requested the following items be moved up, under “8. New Business.” This would allow the City Attorney to leave for another engagement. ?Item A, “Comments by City Attorney James Cherof”; ?Item C, “Discuss and approve fees for Mausoleum services”; and ?Item D, “Discuss rule changes and implementation of new rules for the Mausoleum.” Chair Enkoff suggested Items A, C and D be addressed after Item 6, “Receipt of Sales Reports.” Motion Mr. Hatch moved to approve the agenda. There were no objections, and the motion unanimously passed. 1 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 4. Approval of Minutes – September 11, 2008 Motion Mr. Hatch moved to approve the minutes. Ms. Glinski seconded the motion that unanimously passed. 5. Receipt of Revenue/Expense Sheets – September 2008 Ms. Prainito advised the item had not been included in the packet, as it was not ready at the time the agenda was distributed. This would be placed on the agenda for next month’s meeting. Motion Ms. Prainito moved to table. Ms. Hohner seconded the motion that unanimously passed. 6. Receipt of Sales Reports – September and October 2008 Motion Mr. Hatch moved to accept the Sales Reports for September and October. Ms. Glinski seconded the motion that unanimously passed. 8. New Business (taken out of order) A. Comments by City Attorney James Cherof Mr. Cherof advised that the Boynton Beach Mausoleum, Inc.’s 30-year contract with the City to act as the exclusive sales agent for the Mausoleum crypts and niches had expired in October. The City was in litigation with the Mausoleum, and a number of causes of action were alleged. Mr. Osborne believed he had been maligned by the conduct of the Board and City representatives for activities dating back to 1994 when powers were transferred to the Board and the Rules and Regulations were amended. He sought monetary damages, claiming his ability to engage in sales of the Mausoleum crypts and niches had been impeded and his reputation damaged. The second portion of the lawsuit dealt with the intent to build another Mausoleum building. It was alleged the City’s Building and Development Departments interfered with the Mausoleum’s ability to complete the building in a timely fashion and as a result, the future value of the sales of crypts and niches was lost. 2 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 The final portion of the lawsuit consisted of an action for an accounting to ensure all of the monies transferred to the City had been properly deposited and to assure the continuation of the Cemetery’s Perpetual Care Fund. The City believed there was no merit to any of the three causes of action, and would be defending the lawsuit. The City had initiated a lawsuit in conjunction with the expiration of the Mausoleum’s contract, wherein demand was made for records in Mr. Osborne’s possession that dealt with the sale of crypts and niches. Mr. Osborne refused to turn over the documents. If victorious, the City would be entitled to recover attorneys’ fees and court costs. Attorney Cherof pointed out lawsuits were not generally concluded quickly. However, it was anticipated the public records aspect of the lawsuit would be resolved in three to six months. C. Discuss and approve fees for Mausoleum services D. Discuss rule changes and implementation of new rules for the Mausoleum Attorney Cherof noted the City would now be responsible for the sale of crypts and niches without the assistance of the sales agent. It would be necessary to implement an appropriate fee structure and remove references in the Rules and Regulations to Boynton Beach Mausoleum, Inc. The responsibilities would be shifted to the Board, administrative staff or the City Commission. Attorney Cherof would provide the revised Rules and Regulations by the next Board meeting. Chair Enkoff questioned whether any parties had been named in the Mausoleum’s lawsuit against the City. Attorney Cherof responded the causes of action had been brought against the City, and not against any individual Board member. The City would defend the lawsuit and legal representation would be provided to any Board member required to testify. The lawsuit alleged that empowered Board members acted in a manner detrimental to the Mausoleum’s business. Attorney Cherof pointed out Florida Law required litigation be brought within three to four years. Thus, events which had occurred in 1994 had exceeded the statute of limitations. Jody Rivers, Parks Superintendent inquired whether the Board could discuss the Mausoleum during the course of the litigation. Attorney Cherof advised against any specific references to the operations of the Mausoleum, as it could affect the lawsuit. Additionally, he requested any communications from the media be directed to his office for response. Ms. Rivers noted a determination was needed with regard to the implementation of the following: 3 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 ?Sales prices for the crypts and niches; ?Transfer fees; ?Opening and closing fees; ?Inscription fees; and ?Costs of the trays used underneath caskets. Ms. Rivers noted Mr. Osborne’s contract included inscription and tray costs. As the City would be taking over the operation, it would be necessary to determine the manner in which the sales, inscriptions and trays would be charged. Ms. Prainito distributed a spreadsheet evidencing the crypts available for sale and those that had been purchased. She had been attempting to determine available crypts and niches from the records of the Offices of the City Clerk and Cemetery. Attorney Cherof advised that Mr. Osborne had transferred a significant number of vacant crypts and niches to Boca Raton Mausoleum, Inc. in the final days of the contract. The City had been paid a percentage significantly below the price of the crypts and niches sold in an arm’s-length transaction. The City did not believe the 15% tendered represented the fair market value percentage to which the City was entitled. The check tendered to the City for the transfer of the crypts and niches had not been deposited and would likely become part of the litigation. Attorney Cherof advised he had approved one Certificate of Transfer since the commencement of the lawsuit. Any transfers from this point forward would be examined closely. If it were determined the crypts were sold for less than the fair market value, a transfer would not be processed, except through a court order. Mr. Osborne had not been issued a deed for the crypts and niches he had attempted to sell. Ms. Prainito added the City Clerk’s Office had not issued any Certificates of Ownership. She distributed a letter received with respect thereto. Attorney Cherof noted a response to the letter would be sent, indicating no Certificates would be issued until a determination had been made that there had been a proper arm’s-length transaction and that the Mausoleum had not violated its duty to act as an agent on the City’s behalf. There had been a third-party sale for a vacant crypt, and a Certificate of Ownership had been issued, as the 15% tendered to the City appeared to have been an appropriate sales price. Another transaction for a temporary transfer was under examination by the City Attorney’s Office. Attorney Cherof noted he would provide a status report to the Board as the litigation progressed. 4 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 Ms. Rivers inquired as to the manner in which the Board wished to proceed with determining the sales for each crypt and niche, and the fees for transfers, openings and closings and inscriptions. She advised staff had researched the practices of other mausoleums, and suggested the information be brought back to the Board for review and discussion at the next meeting. Chair Enkoff suggested a public workshop be held, and the Board agreed. Ms. Prainito suggested a location, other than Commission Chambers, be utilized. Attorney Cherof noted recent transactions brought the Mausoleum operations to a halt with regard to sales, transfers and placement. As such, it would be necessary that a determination be made as to true ownership, and that there had been no temporary use of a crypt or niche. The use of crypts or niches would be allowed for previous purchases made in an arm’s-length transaction. The City Clerk’s Office was in the process of determining the availability of crypts and niches. Attorney Cherof noted his office would be expediting the public records aspect of the lawsuit, and he believed a judge would assist in the resolution thereof. Ms. Prainito believed it was important that the spreadsheet identify the number of crypts used for temporary holding. Mr. Balfe noted he had physically inspected each crypt and niche to verify vacancy or past use, including those recently disentombed. Ms. Prainito pointed out the spreadsheet indicated one niche and one side-by-side crypt had been used in the past. The information would be reviewed further. It was noted families had been informed if loved ones were placed in temporary holding. The concern now was with the sale of the crypts in which someone had been entombed. Attorney Cherof believed it would be necessary to disclose to new buyers whether the crypt or niche had been temporarily occupied, as this could affect the sale value. The necessary information would be marshaled administratively and through an examination of Mr. Osborne’s records. Ms. Rivers noted it would be necessary to discuss refunds for crypts that were in the Peace Building. While this would be an issue for the owner to address with Mr. Osborne, it would be necessary to discuss the City’s response in the interim. Attorney Cherof pointed out this would be sorted out as a legal matter. Ms. Prainito pointed out she was aware that some of the individuals who purchased niches or crypts in the Peace Building did buy in another Mausoleum building. Leah Krasnoff, Cemetery Clerk, added if Mr. Osborne maintained ownership of the crypts and niches transferred to Boca Raton Mausoleum, it would be difficult for the City to determine past use. Attorney Cherof pointed out that Mr. Osborne would not be selling the crypts and niches until it had been determined that his first attempt to sell was legal. Thereafter, an evaluation would be made as to what would happen if Mr. Osborne were to come forward with a subsequent purchaser and procedures would have to be implemented. Ms. Krasnoff pointed out the spreadsheets indicated there 5 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 were six available crypts that were vacant and had not been occupied. Mr. Osborne had not wished to purchase these crypts. Ms. Rivers and Ms. Prainito commended Mr. Balfe, Ms. Krasnoff and Tammy Stanzione for their excellent work. Attorney Cherof left a copy of the lawsuit for distribution to the Board. The City’s response would be filed shortly, and a copy would be provided to the Board as well. Attorney Cherof left the meeting at 6:32 p.m. Ms. Prainito requested clarification with regard to the implementation of the fees and costs for transfers, openings and closings, inscriptions and trays. Ms. Rivers reiterated staff obtained from other mausoleums ranges for the costs of crypts and niches and could ascertain the costs for the transfer fees as well. Mr. Balfe believed a good deal of discussion was necessary with regard to transfer fees, as they would differ from the periods before and after the contract had expired. It was noted the sales information had been obtained. Chair Enkoff believed tray and inscription costs should be included in the purchase price. Mr. Balfe believed the trays should be purchased and provided by the City. He would obtain a list of tray qualities and prices for discussion at the meeting. Staff was aware of current inscription costs. However, inflation could cause prices to increase. In order to determine transfer of ownership fees, it was suggested the price paid for the crypt be deducted from the current market value, and a percentage of the remaining amount would result in the transfer fees for those crypts and niches. This method would apply to everyone. An alternative method would be the imposition of a flat fee. Staff would look into this and provide the information for the Board’s review. It was noted the cost to transfer a deed was currently $25. Mr. Balfe believed sufficient price comparisons could be provided by the date of the workshop. Ms. Rivers noted Attorney Cherof requested a 60-day moratorium on the sale of crypts or niches until some of the issues could be resolved. While the moratorium commenced approximately one month ago, it would likely be extended. Possibly six crypts or niches would be available for sale after the conclusion of the moratorium. It was noted Boca Raton Mausoleum had tendered a check to the City for the purchase of approximately 220 crypts; however, the City had not deposited the check. The location of the available crypts or niches could be determined at the workshop. It was noted the City Commission’s approval was required for implementation of the fees, and contracts would have to be developed. The Board agreed to schedule the workshop for November 24, 2008, at 6:00 p.m. Locations suggested were the Intracoastal Park Clubhouse or the Library Program 6 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 Room. Ms. Prainito would determine the available location and advise the Board. Staff would provide the pricing information to the Board prior to the workshop. 7. Unfinished Business A.Parks Division Reports – October 2008 Tom Balfe, Parks Manager, presented the report for the month of October. Motion Mr. Hatch moved to accept the report. Ms. Glinski seconded the motion that unanimously passed. B.Fountain for Boynton Beach Memorial Park (Tabled) Chair Enkoff advised he did not have the photographs of the fountains with him. It was agreed this item would remain on the agenda and information would be gathered. Mr. Balfe reported he would have photographs, pricing and installation costs available for the next meeting. The colors suggested for the fountain were either white or off-white. 8. New Business B. Purchase of permanent or easy-to-install shutters for the Mausoleum (Tabled) Mr. Balfe was waiting to hear from the engineer to determine whether the stained glass in the back of the Mausoleum needed to be covered or whether it could withstand hurricane-force winds. The Board agreed the item would remain tabled. E. Ratify the approval of the disentombment and re-entombment of James Forsyth from the Sunset Building, Sec. D., Crypt F-6 to Serenity Building, Sec. C, Crypt D-1 Motion Mr. Hatch moved to accept. Ms. Glinski seconded the motion that unanimously passed. F.Ratify the approval of the disentombment and re-entombment of Swain F. Hirst from Sunrise Building, Sec. B., Crypt C-1 to Serenity Building, Sec. B, Crypt B-3 7 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 Motion Ms. Glinski moved to approve. Mr. Hatch seconded the motion that unanimously passed. G. Ratify the approval of the disentombment and re-entombment of Harold Corbin from Sunrise Building, Sec. B, Crypt B-1 to Serenity Building, Sec. B, Crypt E-3 Motion Ms. Glinski moved to approve. There were no objections, and the motion unanimously passed. H. Ratify the approval of the disinterment of Stanley Michael Krupowies from Lot 140-B, Block S, Boynton Beach Memorial Park Motion Ms. Glinski moved to approve. Mr. Hatch seconded the motion that unanimously passed. Mr. Balfe noted he was uncertain of the circumstances surrounding the above actions as they had been handled by Mr. Osborne. I. Purchase of Office Furniture for the Cemetery Office (added item) Mr. Balfe advised staff had intended to occupy the front office of the maintenance building. The office would be painted and the floors tiled. The furniture currently utilized by Alex was old and did not match. The desk utilized by Don was very small. Mr. Balfe looked at two desks at Office Depot, one for $175 and the other, $223. He also looked at chairs which would accommodate customers. One chair was priced at $52 and the other at $127. A printer was also needed, and the cost was $79. Mr. Balfe also looked at computer workstations. However, it was determined a workstation would not be suitable. Mr. Balfe circulated photographs of the furniture. Motion Ms. Hohner moved to approve the purchase. Mr. Hatch seconded the motion that unanimously passed. Mr. Balfe noted he had conferred with ITS with regard to the printer, and they recommended a stand-alone item. 8 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 9. Other A. For Your Information – Status Report on Internet Connectivity Mr. Balfe noted this item had been previously discussed. At that time, the charges were as follows: $6,500 for a router, with recurring costs of $700 per month; $49.95 per month for a wireless air card and $67.99 for the equipment; and recurring monthly charges of $30 for a cell phone. Mr. Balfe met with Phyllis Koch, the new ITS Director, and she suggested a system which would allow Cemetery staff to access the records in the City Clerk’s Office in “real time.” Currently, Cemetery staff would call the City Clerk’s Office to verify information and availability of a plot. Cemetery staff had no access to these records on weekends. Ms. Koch suggested using BellSouth and selecting a high-speed business DSL. Installation of a telephone line would be required; however, the fee would be waived. Other charges would include a one-time fee of $100 for the DSL router; $89.95 per month for business DSL; and $45 per month for a separate telephone line. The monthly charge therefore would be $134.99 for Internet connectivity and access to the City Clerk’s records in “read-only” mode, so that the Cemetery staff would not be able to alter or make any changes to the City Clerk’s records. Mr. Balfe requested approval of the recurring fees. Motion Ms. Prainito moved to approve. Ms. Hohner seconded the motion that passed unanimously. Ms. Prainito and Mr. Balfe had discussed changes required to the Rules and Regulations. It was believed a rule should be included that would prohibit glass, concrete or ceramic vases at the Mausoleum. Mr. Balfe had taken photographs of makeshift vases at the Mausoleum. Despite signage and prohibitions contained in the Rules and Regulations, a number of people had placed artificial flowers and other prohibited items at the Mausoleum. It was noted the situation had worsened. Ms. Prainito pointed out that for some time, people had expressed a desire to attach vases to the crypt fronts. The placement of individual vases on each crypt front and bud vases on the niches would eliminate a good deal of the items placed in front of the crypts. The Board agreed this would be a favorable solution to the problem. The vases should be uniform in design, with one vase for the crypt and one for the niche. It was agreed the vases should be offered for sale exclusively by the City. Ms. Rivers suggested this issue be included with items to be discussed at the workshop. Mr. Balfe noted he would provide prices and styles. He suggested a vase that would be affixed to the crypt front and easily removed if it had to be sent out for engraving. Ms. Prainito noted the Board previously discussed placing benches at the Cemetery. While the License Agreement had been received from the City Attorney, no further action had been taken. It was questioned whether the City would be desirous of 9 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 purchasing a bench and offering it for sale. Mr. Balfe noted he had received requests for the benches to be placed at the Cemetery. Chair Enkoff suggested a sample be obtained. Ms. Rivers advised Recreation and Parks recently had benches installed at Bicentennial Park. The benches were beautiful and made of granite to match the Memorial. Other materials could be used; however, she believed the benches should blend in if a contemplative feel were to be achieved. Individuals could have names inscribed if the bench was intended to serve as a memorial. Mr. Balfe would provide colors, designs and pricing at the workshop. Ms. Prainito noted there were additional items for which a policy might be required. There had been issues with Saturday burials. It was required Cemetery staff be notified by noon on Thursday of a Saturday burial. Mr. Balfe related instances wherein funeral home representatives arrived before and after the scheduled funerals. Chair Enkoff suggested time restrictions of 30 or 40 minutes be issued, and requested this issue be discussed at a regular Board meeting, rather than the workshop. Ms. Prainito noted her interest in hearing from funeral directors as to how they felt about the notification restrictions. While she had an issue with this requirement, she understood staff’s time constraints, especially when multiple funerals were scheduled. Mr. Balfe explained in instances where notice had not been provided as required, safety issues arose. Ms. Prainito noted there were one or two particular funeral homes and vault companies that presented problems. As policies implemented by the Board under the Rules and Regulations were not required to be included in an ordinance, Ms. Rivers believed this issue should be discussed at the next regular meeting, rather than attempting to resolve it this evening. The Board agreed. Ms. Hohner noted, of the cemeteries she had worked with on a regular basis, Boynton Beach Memorial Park had been the most accommodating and the most lenient in scheduling burials. She agreed with Ms. Prainito that the rules should not necessarily be changed as a result of the actions of one or two funeral homes. She pointed out Delray Beach’s cemetery required 72 hours’ notice for any burial, any day of the week, and other cemeteries required 48 hours’ notice. Ms. Rivers suggested once the issue had been resolved, language could be incorporated to include the following: “…by 2:00 p.m. on Thursday, with exceptions noted by the Park Manager…” or similar wording. She also suggested a fee be imposed on funeral homes for early and late arrivals. Mr. Balfe believed an arrival time verification form should be required which would be faxed from the funeral home to the Cemetery. A footnote could be included noting the fee for early and late arrivals. Chair Enkoff noted most cemeteries requested the time and location of the service, as well as the estimated time of arrival. 10 Meeting Minutes Cemetery Board Boynton Beach, Florida November 13, 2008 Ms. Prainito believed written policies should be established, which could possibly be discussed at another meeting. Ms. Rivers suggested the next meeting include a review of the Rules and Regulations and a revision of the policies. 10. Future Agenda Items A. City Attorney to review Code section on the Cemetery for the purpose of updating archaic language, and add definitions. 11. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:40 p.m. J?ttf/~ .(Jr Stephanie D. Kahn Recording Secretary 111408 11