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Minutes 11-28-08 MINUTES OF THE CEMETERY BOARD WORKSHOP HELD ON THURSDAY, NOVEMBER 28, 2008, AT 6:00 P.M. IN LIBRARY PROGRAM ROOM, BOYNTON BEACH, FLORIDA PRESENT: Michael Enkoff, Chair Harry (Dale) Hatch, Vice Chair Bonnie Glinski Karilyn Norem Hohner Tom Balfe, Parks Manager Jody Rivers, Parks Superintendent Absent: Janet Prainito, Secretary 1. Call to Order The Chair called the meeting to order at 6:01 p.m. 2. Attendance Chair Enkoff called the roll. A quorum was present. 3. Approval of agenda Chair Enkoff reviewed the agenda to establish an understanding of the matters to be discussed. Motion Mr. Hatch moved for approval of the agenda. Ms. Glinski seconded the motion. The motion passed unanimously. 4. Review and revamping of the Cemetery Rules &. Regulations: a. Review the entirety of Rule #l-M to eliminate references to Boynton Beach Mausoleum, Inc. and establish a transfer fee in paragraph 1. Chair Enkoff read the first paragraph of section l-M of the Mausoleum Rules and Regulations. Mr. Balfe indicated any reference to Boynton Beach Mausoleum, Inc. would have to be eliminated. Chair Enkoff also noted the last sentence should read ". . . crypt or niche is paid in full to the City of Boynton Beach." Discussion ensued if the 1 Workshop Minutes Cemetery Board Boynton Beach, Florida November 28, 2008 Cemetery Board should be named rather than the City of Boynton Beach since all actions are approved by the Board. Ms. Rivers pointed out the third paragraph referred to disinurnments or disentombments requiring the consent of the Board of Governors that should be changed to the Cemetery Board. The City Attorney would be addressing the issue of the actual name of the Board, whether it is Cemetery Advisory Board or simply Cemetery Board. It was determined that in the second paragraph, the last sentence, "The City may not offer these crypts or niches for sale until the termination of the contract with Boynton Beach Mausoleum, Inc.", had to be stricken. Mr. Balfe had not investigated comparable transfer fees. Ms. Rivers reminded the Board there is a standard flat rate transfer fee, but because Boca Raton Mausoleum bought the remaining crypts, the City would not get adequate perpetual funds at the current rate. The funds set aside for perpetual care is a percentage of the purchase price of a crypt or niche. After further discussion with Finance, Ms. Rivers would bring back a formula or pricing guide for review and adoption of fees. Chair Enkoff had received information that a transfer fee of $50 plus a records archiving fee of $65, which was capped by the State, was the current market rate. Since Boca Mausoleum had bought the crypts for much lower prices, the City would not receive an adequate amount for perpetual care. Chair Enkoff suggested the City Attorney would have to investigate the possibility of limitations on the fees because the property had previously been bought and taxed by another owner. He agreed wholeheartedly that the goal should be to recoup as much as possible. It was decided that the formulas suggested by Ms. Rivers be submitted to the City Attorney for his review and approval. Ms. Hohner questioned if the fair market value at the time of the initial sale or the value at the time of transfer would be utilized. Mr. Balfe contended the value on the date of transfer would be the most fair. Chair Enkoff reiterated the possibility of caps on transfer fees should be researched before a determination is made. Any services performed at the City Clerk's office should have a records archiving fee attached. b. Review and discuss Rule #4-M regarding placement of flowers around the Mausoleum buildings and establish a rule that permits the purchase of approved-style permanent vases on crypt and niche fronts and prohibits the use of glass, concrete or ceramic vases at the Mausoleum. Discussion ensued regarding the type of flowers allowed and the vases to be utilized. Examples of vases and their prices were examined. There was consensus that vases secured with a ring would be more stable and easier to use. All vases should be uniform in size, shape and color. It was noted that the vases would hold water most of 2 Workshop Minutes Cemetery Board Boynton Beach, Florida November 28, 2008 the time and the plastic vases would endure over a much longer period. The cost would include the installation and the actual vase and ring cost. Mr. Balfe advised City staff could do the installation. Ms. Hohner inquired about the liability if the stones were cracked or chipped. Mr. Balfe advised only damage done by City staff would be covered. Ms. Rivers suggested the replacement of one vase could be covered by the Cemetery. The plastic vases would have little or no value for thieves. It was agreed that Mr. Balfe would order two sample vases in the four inch size for niches and eight inch size for crypts. Installation would take approximately 30 minutes. There was discussion with consensus that the charge for the vases plus installation would be set at $75 for the four inch vases and $100 for the eight inch vases to cover the cost of the vases plus installation. Ms. Rivers returned to the issue of the type of flowers that would be allowed. Mr. Balfe suggested with the type of vases being ordered that artificial flowers should be allowed. Chair Enkoff strongly disagreed. It was decided only silk or fresh flowers would be permitted to be placed on the Mausoleum in approved vases. The language would be, "All flowers must be placed in an approved vase. Approved vases include crypt front vases or Bronze vases previously approved by the City. Fresh flowers can remain for a minimum of three days. One vase per crypt or niche front will be allowed." The sentence that reads, "Flowers must be in a container that has a solid base so that it will easily stand erect.", should be deleted. Ms. Rivers also noted the term Cemetery Manager should be changed to indicate Cemetery Sexton. Also, only unsightly flowers would be removed and disposed of and not the holder. Ms. Hohner inquired if the cost of the vase would be added to the total cost quoted from the City Clerk's office, so the vases could be stocked and immediately available. There was also discussion regarding paper items, memorabilia or photos being left on or around crypts or niches. A decision was made that language be added that paper items, envelopes, memorabilia or photographs shall be allowed for two days. c. Reword Rule #6-M to eliminate any reference to Boynton Beach Mausoleum, Inc. There was agreement that in Rule #6-M, the references to Boynton Beach Mausoleum, Inc. should be changed to the City of Boynton Beach. d. Eliminate #7-M. All members agreed Rule #7-M should be totally removed and the items renumbered. 3 Workshop Minutes Cemetery Board Boynton Beach, Florida November 28, 2008 e. Eliminate any reference to Boynton Beach Mausoleum, Inc. in Rule #9-M and possibly the entire rule. Rule #9-M should reflect Cemetery Board rather than Board of Governors in the first sentence and the next two sentences should be entirely deleted. It was agreed the last sentence should read, "No Rule or Regulation shall be construed in a manner which would negate or alter any contractual right between Boynton Beach and any party to a purchase agreement with Boynton Beach." All other words or phrases would be deleted. s. Additions of Rules &. Regulations a. Establish a schedule of market value costs of crypts and niches that includes opening & closing fee, inscription fee and cost of tray for crypt based on a survey of comparable sales. Ms. Rivers distributed a comparison of crypt costs from area mausoleums and suggested pricing for the available crypts at Boynton Beach Memorial Park. She calculated an identical percentage increase for the prices on different levels. The same calculation could be done for the niches. Chair Enkoff opined the new prices should be close to the previous prices because a transfer fee would have to be added. It would facilitate a smooth transition. The prices would include the opening, closing, etching and tray required. Chair Enkoff noted any new owners would have to be required to pay the title transfer fee. Ms. Hohner asked if the vases, prices and fees would have to be approved by the Commission. Ms. Rivers suggested the Commission be given a fee schedule for approval that would apply at the end of the moratorium and then return to the Commission with more concrete figures when the legal dispute was resolved. Ms. Glinski clarified that the six crypts the City of Boynton Beach owns would not require assessment of a transfer fee. Chair Enkoff requested that an item be added to the next agenda to discuss the charge of $100 for cremains placed in the ground at any time. b. Develop criteria for refunds of crypts and niches at the Mausoleum. Ms. Hohner felt the refund should only be available if the City of Boynton Beach sold the crypt or niche. Ms. Rivers pointed out it was a civil contract and the City could not be responsible for the refund of any crypt that it did not sell. Ms. Hohner noted the City could buy them back at 50% of the purchase price, because it would be a used crypt and it could not be bought at the market value. There would be used and non-used 4 Workshop Minutes Cemetery Board Boynton Beach, Florida November 28, 2008 crypts. She remarked other mausoleums in the area did not buy them back and the owners were responsible for a private sale. It was discussed that the current rules prohibit private sales. There was consensus that the second paragraph of Rule #l-M should read as follows: "After inurnmentfentombment, resale or transfer of ownership shall be allowed. The City of Boynton Beach may purchase the crypt or niche at a cost of 50% of the original purchase price paid for the crypt or niche and provided that disinurnmentfdisentombment has occurred and implemented by the proper authorities." Mr. Balfe added the same language used in Rule 13 of the General Cemetery Rules should be included also. Disclosure of the fact a crypt or niche had been previously occupied was discussed. It was agreed that a line or check box should be added to the contract to indicate a crypt or niche had been used. c. Addition of a rule regarding the leasing of benches at Boynton Beach Memorial Park as memorials. After discussion, it was decided that leasing of benches was not appropriate. Ms. Rivers advised gray granite benches had been bought by the Recreation and Parks Department for approximately $900 each. Chair Enkoff suggested Mr. Balfe contact Lake Worth Monument and get a per letter charge for engraving the benches. Ms. Hohner felt only last names should be allowed, rather than approving multiple names, poems or photos and other requests. The cost of the benches and possible fee structure to be charged were discussed. There was consensus the benches should be the same color and installed around the Mausoleum. Family names could be engraved on either side of each bench. A further report would be given on the benches and cost, after discussions with Lake Worth Monument. Chair Enkoff requested an update on the office at the Mausoleum. Mr. Balfe reported painting had been done, tile would be installed next and then the furniture delivered. New bathroom fixtures had been installed. Electrical upgrades were also to be done. Phone and fax lines had been transferred to the new office. Mr. Balfe questioned if the vases could be sold at the Mausoleum by the staff. Chair Enkoff directed all items had to be bought and sold through the City Clerk's office. Ms. Hohner suggested a form be developed that could be sent from the Cemetery to the City Clerk's office and a work order completed. Ownership and permission for placement of the vases would have to be addressed on a case-by-case basis. 5 Workshop Minutes Cemetery Board Boynton Beach, Florida November 28, 2008 6. Adjournment There being no further discussion, Chair Enkoff properly adjourned the meeting at 7:25 p.m. / /) ~/ ,,;tL~-~-L~fi- dith A. Pyle ? L Deputy City Clerk 6