R13-061 11
1 ' RESOLUTION R13 -061
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH AMENDING RULE #1 -M
6 OF THE CEMETERY RULES AND REGULATIONS TO
7 ADD A $75.00 TRANSFER FEE LANGUAGE
8 ALLOWING THE CITY TO BUY -BACK CRYPTS AND
9 1 NICHES AT THE BOYNTON BEACH MAUSOLEUM;
10 PROVIDING AND EFFECTIVE DATE.
11
12
13
14 WHEREAS, residents have requested the opportunity to dispose of crypts and niches
15 for which they no longer have a need; and
16 WHEREAS, during the Cemetery Board meeting of March 14, 2013, the members of
17 the Cemetery Board addressed the issue of transfers of ownership of crypts and niches at the
18 Boynton Beach Mausoleum and the wording of Rule #1 -M; and
19 WHEREAS, upon recommendation from the City Cemetery Board, the City
20 Commission has determined that a revision to Rule #1-M to address the issue of transfers of
21 ownership of crypts and niches at the Boynton Beach Mausoleum.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH FLORIDA:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach hereby approves
28 the revision to the Cemetery Rules and Regulations, Rule #1 -M, as follows:
29 "A transfer fee of $75 will be charged when a previously purchased crypt or niche is
30 resold. The City will buy -back unused crypts or niches at 80% of the original
31 contract price or 80% of the City's current selling price, whichever is less."
\ \apps3 city cbb \ auto \Data\ 181\ Items \173\2505 \3286 \Reso_ _ Cemetery_Rules_and_regs(071613) doc
Meeting Minutes
Cemetery Board
Boynton Beach, FL March 14, 2013
6. RECEIPT OF SALES REPORTS — December, 2012, January & February 2013
Motion
Ms. Glinski moved to accept. Ms. Prainito seconded the motion that unanimously passed.
7. UNFINISHED BUSINESS
A. Parks Division Reports — December, 2012, January & February 2013
Tom Balfe, Parks Manager, announced there were 11 Mausoleum entombments, two
Mausoleum inurnments, 38 ground full -body burials, eight ground cremains, no
disentombment/disinumments and one disinterment for the months of December, January
and February.
Motion
Ms. Glinski moved to accept the report. Mr. Bone seconded the motion that unanimously
passed.
B. Review draft of new language for Rule 1 -M Cemetery Rules and Regulations
Ms. Prainito included the language for review. It was the last paragraph of Rule 1 -M which
reads "When a crypt or a niche was originally sold, the City received 15% of the original
sales price. A transfer fee of $75 will be charged when a previously purchased crypt or
niche is resold." The next sentence was eliminated which reads "The transfer will be the
difference between " and left in the last sentence which reads "The City will buy back
unused crypts or niches at 80% of the original contract price or 80% of the City's current
selling price, whichever was less." Ms. Prainito recommended removing the first sentence
of the paragraph since it was unnecessary.
There was discussion regarding the settlement agreement with Boca Raton Mausoleum.
According to the settlement agreement, the City is not permitted to charge Boca Raton
Mausoleum for any transfers requested by them. Ms. Prainito advised that a note would be
placed in the fee structure indicating that the transfer fee could not be charged on any new
sales by Boca Raton Mausoleum or on any requests for transfer from Boca Raton
Mausoleum to a new crypt or niche purchaser. This request to include a fee for transfers
will be applied to anyone other than Boca Raton Mausoleum.
Discussion ensued regarding the opening and dosing fees in the Mausoleum and it was
explained those fees no longer go into the Perpetual Care Fund. They are now going into
the General Fund.
2
1 .
2 Section 3. This Resolution shall become effective immediately upon its passage.
3
4 PASSED AND ADOPTED this 16 day of July, 2013.
5
6 CITY OF BOYNTON BEACH
7
8
9
10 Mayor — Jerry Taylor
11
12
13 (.'c7 /
14 ; Vri Woodro. -. 'ay
15
16 , lia&
17
18 Comm sioner — •avis T. er
19
21 e
22 Commissioner — Michael M. zpa rick
23
24 v s c
25
26 Co missioner — Joe Casello
27
28 ATTEST:
29
30
•
31 �+.� • f_,. _. jp,
32 . et M. Prainito, MMC
33 ity Clerk
34
35 1 y k ' ,
36
37 (/ a ra : )
38 „, ��
0 j ;, V •
0
\ \apps3 city cbb \auto\Data \181\ Items \l73 \2505\3286 \Reso_ _Cemetery_Rules_and_regs_(071613) doc