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HomeMy WebLinkAboutItem #12a.b.c.d. Discussion and Direction: Cemetery Issues center of GOOcl Li .<;,~e I'~ ~ AGENDA ITEM COVER SHEET Meeting Date: July 6, 2010 Item#~ Reviewed By: ~ Department Director: _t~ City Manager: ~ f ' Subject: Cemetery Issues; Discussion and Direction a. The Installation Of Two Crematory Vaults In The Ocoee Cemetery b. Maintenance Issues c. Enforcement of Section 61-12 requiring permits prior to placing a memorial d. Revision of Chapter 61; draft of recommended changes Contact Name: Contact Number: Beth Eikenberry X 1022 -- Background Summary: The Cemetery Committee, consisting of City Clerk Eikenberry, Parks and Recreation Director Hayes, Public Works Director Krug, Human Resources Director Carnicella, Assistant to the City Manager Davis, and City Manager Frank met May 26,2010 and discussed the following: A. Columbariums (Crematory Vaults): The City Commission approved the FY2009/10 budget which included an expenditure of $22,800 for two crematory vaults to be placed in the Ocoee Cemetery. During the installation planning process it was found that in order to place the vaults in the pavilion as suggested by the Commission, repairs need to be made to the pavilion. Costs are estimated at $4,000-$5,000 for the concrete floor; and the $25,000-$30,000 to reconstruction a secure pavilion. Staff is asking for direction as to funding the repairs or selecting a different location. B. Maintenance Issues: Staff is seeking direction on preparing estimates for any of the following: front entrance beautification, landscaping, fencing, or irrigation to be considered in the budget discussions. C. Permits: Ccoee Code Section 61-12 states a permit is required and a fee paid prior to placing a memorial. Staff recommends that we enforce this section of the code to ensure adherence to the Cemetery Rules and Regulations for monuments. D, Chapter 61: Attached is a copy of recommended revisions to Chapter 61 of the Ccoee Code of Ordinances entitled Cemetery, If revisions are acceptable, this item will be brought back in the form of an amended ordinance. Issue: Staff seeks direction from the Mayor and Commission on the following: 1) determine placement of columbariums and funding for pavilion repairs if deemed necessary 2) direction on which maintenance issues, if any, that staff should bring forward for the budget sessions, 3) consideration of enforcement of Section 61-12 requiring a permit and fee prior to placing a memorial, 4) direction to bring back an amended ordinance and hold a Public Hearing with regard to revisions to Chapter 61 Recommendations Staff recommends the Honorable Mayor and Commission give direction to staff on the four issues as presented. Attachments: Minutes of the Cemetery Committee Meeting April 26, 2010 Current Cemetery Rules and Regulations Cemetery Map Chapter 61 recommended revisions Financial Impact: Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading Ordinance Second Reading Resolution _ Commission Approval X Discussion & Direction For Clerk's Deot Use: ~ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 2 OCOEE CEMETERY 111'11111 111'1'1"11"1 Illal'll li;'11111 I 1II1IIII I ' . . . I I 4. __.__....- _ Map showing plots and road by GPS location . M III , I L_ Cemetery Rules and Regulations GENERAL RULES 1, The cemetery will be open to visitors at all times between the hours of sunrise and sunset. Permission to enter the cemetery at any other time must be obtained from the Superintendent and/or City Manager. 2, No person shall break or injure any tree or other plant, pick any flowers, or mar any landmark, marker, or memorial, or in any way deface the grounds of the cemetery. 3. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. 4, Persons within the cemetery grounds shall use only the established avenues, walkways and roads, and are forbidden to trespass on cemetery lots. 5. Children under sixteen (16) years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. 6, No person may discharge a firearm in or adjacent to the cemetery, This prohibition shall not apply to authorized volleys at a military or para-military burial service. 7. No person may use any form of advertisement on cemetery grounds. 8, No person may consume refreshments or liquors within the cemetery or carry same into the premises, 9, No person shall throw rubbish or debris on walks, drives, or any part of cemetery grounds. 10, Unauthorized persons shall not loaf, lounge, or otherwise use any of the grounds, graves or memorials in the cemetery, or in any buildings thereon. 11. No loud talking shall be permitted on the cemetery grounds within hearing distance of funeral services. 12. Any person found on the grounds after dark will be considered a trespasser. 13, All orders, inquiries and complaints by visitors or owners should be reported to the superintendent or the city manager, 14. Flowers and other symbols of tribute may be placed upon graves, Symbols of tribute may include fresh or artificial flowers, wreaths, potted plants or baskets. Except for the funeral period, arrangements should be placed on the memorial/grave area only, The area surrounding graves should remain clear for maintenance. Arrangements that become wilted, faded, or unsightly will be removed by city employees, MEMORIALS 1, Memorials in all sections of the cemetery may be markers, stones or monuments, 2, The superintendent shall only prohibit individualistic designs in memorials when it would be offensive to owners or tend to degrade the appearance of the cemetery. 3, Any violation of these rules shall result in the city manager notifying the owner of the property, by certified mail or hand carried notice with proof of service, requesting the necessary adjustments to comply with these regulations, After thirty (30) days to correct the violation with no response, the city manager shall cause the correction to be made and brought into compliance. PERMITS A permit must be obtained and a fee paid before placing a memorial in the cemetery. Placement of the memorial shall be done under the supervision of a city employee. Cemetery Committee Meeting Minutes - May 26, 2010 Attendees: Rob Frank, Janet Davis, Beth Eikenberry, Jim Carnicella, Jeff Hayes and Mark Pargeon (for Steve Krug) The cemetery committee met to discuss three outstanding issues as follows: 1, Compliance to the Ocoee code of Ordinance, specifically a. 61-10 Rules of Operations - maintenance of grave sites. Letters have been sent out requesting clean up of individual plots. Effective July 1 s" items that are not allowable by ordinance will be removed. The city will post notices at the cemetery entrance and grave sites to notify families of the requirement and the deadline to comply, For a period of time, the city will tag and store any items that are removed in case families wish to retrieve them, b, 61 - 12 Permit required - the ordinance states a permit is required and a fee paid prior to placing a memorial in the cemetery. Although this has not been the practice, the permit and fee requirement will be enforced, effective July 1, 2010, 2. Routine maintenance is provided by Valley Crest. Money for improvements must be approved in the budget and would be implemented in FY 10/11. Three potential areas identified for improvement are the front entrance (gate), landscaping and irrigation, Cost estimates can be developed if warranted. 3. Columbariums (Cemetery Vaults) - There are two issues; first does the city wish to purchase columbariums and second, if so, where in the cemetery should they be located? The vaults are in the current fiscal year budget at $10,750 each with $650 each for freight for a total of $22,800, There are two feasible locations; the pavilion and an area of green space by the front entrance. If the city decides to place them in the pavilion, the concrete slab floor will need replaced (due to weight - 4000 Ibs.) and that preliminary cost is $4,000 - $5,000. Additionally it would be desirable to secure the pavilion and that additional cost could range from $25,000 to $30,000. The other site requires less capital expense but would place the vaults in front of existing grave sites which may be undesirable for those families whom have plots there. In conclusion, the City of Ocoee will enforce the ordinance, on compliance with what is allowable at the grave sites and on permits / fees for memorials effective July 1, 2010. The committee seeks Board direction on cemetery improvements and the purchase / location of the cemetery vaults. Chapter 61 - CEMETERIES [HISTORY: Adopted by the City Commission of the City of Ocoee as Ch, 7 ofthe 1977 Code of Ordinances' amended in its entirety 9-5-1989 by Ord. No. 89-22. Section 61-13 added at time of adoption of Code; see Ch. 1, General Pr~visions. Art. I. Other amendments noted where applicable.] & 61-1. - ManaQement. operation and maintenance. & 61-2. - Establishment of rules and reaulations. & 61-3. - Superintendent: appointment and removal. & 61-4. - Powers and duties of Superintendent. & 61-5. - Interment. & 61-6. - Lot valuation and transfer. & 61-7. - Lot ownership; title: records. & 61-8. - Accounts. [Amended 5-2-1995 by Ord. No. 95-1511 & 61-9. - Annual report. & 61-10. - Rules of operation. [Amended 4-21-1992 by Ord. No. 92-041 & 61-11. - Memorials. [Amended 4-21-1992 bv Ord. No. 92-041 & 61-12. - Permit reauired. & 61-13. - Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-201 ~ 61-1. - Management, operation and maintenance. The Commission, through the City Manager, shall manage, operate and maintain the municipal cemetery subject to any limitations and restrictions set forth herein or contained in applicable law and subject to any future regulations which the Commission may impose. ~ 61-2. - Establishment of rules and regulations. The Commission shall establish rules and regulations for the use of the cemetery relating to; A. Subdividing the cemetery into lots. B. The capacity of each lot. C. The location of graves. D. The type of plantings, memorials and markers that will be permitted for the proper and most attractive development of the cemetery. E. The purchase price of said lots and crematory niches. F. The maintaining of the cemetery and all matters relating to its upkeep. G. The conduct and regulations conceming persons on said cemetery premises for any purpose whatsoever. ~ 61-3. - SupeFintendent; appoint~ent and Fe~Q'/al. Maintenance and Administrative Duties The City Manager shall oversee the maintenance and administration of the cemetery in accordance with Chapter 61 of the Code of Ordinances and shall deleaate various tasks to Parks and Recreation. Public Works. the City Clerk's Office, and other department(s) deemed necessary. a~'HliRt a ~1l~eriRteRQeRt ef iRe mWRisi~al semetery TREl Slll'leRRteRQeRt gRalll;Je gyl;Jjest te remeval at aRY time l;Jy tRe City MaRager. TRe Citi' ~4ElRager may GReege t8 aGt as tRe SIl~eriRteRQeRt 8f tRe €lemetePj EilRQ Ret a~~eiRt EiI SeSeRQ iRQiviQyal. ~ 61-4. - PoweRi and duties of SupeFintendent. Site Maintenance. A. Direction of cemetery. TRe ~1l~eriRteRaeRt The city shall look after and take proper care of the cemetery and see that no lot therein is used or occupied in violation of this chapter or of any rule or regulation promulgated by the Commission. B. Supervision of interment. TRe SIl~eriRteRQeRt The city shall see that all graves are properly dug and that the dead are properly interred therein in accordance with these rules and regulations. c. Maintenance of order. HIe ~Y~8fiFlt8FlQ8Flt The citv shall see that order is maintained at all times on the cemetery grounds, that all workmen are properly supervised and that any persons who violate any of the rules and regulations of the chapter or any other rules or regulations of the city shall be expelled immediately from the cemetery premises. ~ 61-5. - Administration and Interment. Burial within the municipal cemetery shall require 24 hours' notice. No deceased person shall be interred in the cemetery until the iWlieRRt8R98Rt Citv Clerk's Office has confirmed RiS flllolRQ that: A. The dead person or someone on his behalf has obtained from the city a deed to the plot in which the dead person is sought to be interred. B. The lot in which burial is to be made has been fully paid for. C. The person arranging for such burial has the right to the use of such lot. D. The capacity of any single lot in the cemetery is one person. E. Proper record is made of the name and age of the deceased person and of the exact location of the grave. ~ 61-6. - Lot valuation and transfer. A. Commission to set value. The Commission shall place a value upon all unsold lots in the cemetery and shall record such valuations on an official map or plan of such cemetery that shall be kept on file, open to public inspection, in the office of the City Clerk. A review of said valuation shall be done by the Commission at least every two years. My changes in valuation shall be established by ordinance or resolution. (1) Current valuation. On July 19, 1988, the City Commission set the valuation of the lots at $200 for city residents and $500 for nonresidents. As of October 1. 2010. the valuation of crematory niches shall be set at? for citv residents and? for nonresidents. Upon adoption of this chapter, no free lots will be provided to any citizen whatsoever. B. Method of purchase. Any person desiring to purchase a particular lot, '* lots, or crematory niche, for the purpose for which it is intended shall be permitted to do so upon payment of the prices fixed for such lot. All lots shall be sold subject to the rules and regulations now in force or which may hereafter be adopted by the Commission, and such lots shall be used for no other purposes than the burial of the human dead. Any regulations contained in this chapter and any future regulations may be made a part of every deed or conveyance of any cemetery lot, and the same shall constitute notice to the holder of said deed of all the restrictions contained in this chapter or any future regulations of the Commission. C. From whom purchased. All cemetery lots shall be purchased from the city through the City Clerk, and said Clerk and Mayor shall sign any conveyance of any cemetery lots and affix the Seal of the city to said conveyance. ~ 61-7. - Lot ownership; title; records. A. Title to a cemetery lot shall be evidenced by a cemetery deed from the city. The grantee under such cemetery deed shall be deemed to be the "lot owner," unless otherwise indicated by the records of the city. The ownership interest in a cemetery lot constitutes an easement and right to use a lot designated in the cemetery deed for cemetery purposes only, together with the right and privilege of burial and interment for the lot owner; provided, however, that such use shall be subject to the provisions of this chapter of the Code of the City of Ocoee and any and all ordinances, resolutions and regulations currently in effect and which may from time to time be adopted by the City of Ocoee with respect to cemetery lots. To the extent permitted by law, all lots are exempt from taxation and cannot be seized for debts, nor can they be mortgaged. The title to a cemetery lot vests in the owners the right to use said lot for burial purposes only for themselves, their heirs or for any such person they may choose to designate; provided, however, that in the event that a person other than the lot owner is designated to be buried in the cemetery lot, the lot owner shall not receive any payment or other compensation in connection with the designation of the cemetery lot for the use of such other person. Designation, in writing, from a lot owner must accompany all requests for permits to bury persons not members of the immediate family of the lot owner, and such designation shall comply with all ordinances, resolutions and regulations of the city with respect to the cemetery and cemetery lots. B. The Commission shall cause the City Manager to keep full and complete records of the ownership of all lots in the cemetery, of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of the persons buried in each grave that has been or shall hereafter be used and of the date of burial of each. ~ 61-8. - Accounts. [Amended 5-2-1995 by Ord. No. 95-15 1] Editor's note- 1 Editor's Note: This ordinance also provided as follows: "The Perpetual Care Fund heretofore established pursuant to ~ 61-8 of Chapter 61 of the Code of Ordinances of the City of Ocoee is hereby terminated. All funds in the Perpetual Care Fund as of the effective date of this ordinance shall be transferred to the general fund of the city and may be used for such public purposes as may be designated by the City Commission." A. The City Manager shall keep full and detailed accounts of the receipts and expenditures on account of the cemetery. Payment for all lots must have been completed before interment of the dead. All moneys from the sale of lots, services and functions in connection with this cemetery shall be paid to the City Clerk pursuant to this regulation. B. All revenues received by the city for the cemetery, including funds received for the purchase of cemetery lots, shall be placed in the general fund of the city and may be used for such public purposes as may be designated by the City Commission. ~ 61-9. - Annual report. Each year, at the time of budqet oroceedinQs, +lhe City Manager shall make an annual report on the condition of the cemetery to the Commission providing the Commission with all information necessary so that it may better formulate a budget appropriate for the upkeep of the cemetery grounds. ~ 61-10. - Rules of operation. [Amended 4-21-1992 by Ord. No. 92-04] A, The cemetery will be open to visitors at all times between the hours of sunrise ang sunset. Permission to enter the cemetery at any other time must be obtained from the ~1J~9fiFltBfHIBAt City Clerk's Office and/or the City Manager. B. No person shall break or injure any tree or other plant, pick any flowers or mar any landmark, marker or memorial or in any way deface the grounds of the cemetery. C. No boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. D. Persons within the cemetery grounds shall use only the established avenues, walkways and roads and are forbidden to trespass on cemetery lots. E. Children under 16 years of age shall not be permitted within the cemetery or its buildings, unless accompanied by an adult. No animals shall be allowed in the cemeterv at any time. F. No person may discharge a firearm in or adjacent to the cemetery. This prohibition shall not apply to authorized volleys at military or paramilitary burial services. G. No person may use any fonn of advertisement on cemetery grounds. H, No person may consume refreshments or liquors within the cemetery or carry the same into the premises. I. No person shall throw rubbish or debris on walks, drives or any part of the cemetery grounds. J, Unauthorized persons shall not loaf, lounge or otherwise use any of the grounds, graves or memorials in the cemetery or in any of the buildings thereon. K. No loud talking shall be permitted on the cemetery grounds within hearing distance of funeral services. L. Any person found on the grounds after dark will be considered a trespasser. M. All orders, inquiries and complaints by visitors or owners should be reported to the Superintendent or the City Manager. N. Flowers and other symbols of tribute may be placed upon graves. Symbols of tribute may include fresh or artificial flowers, wreaths, potted plants or baskets. Except for the funeral period, arrangements should be placed on the memorial/grave area only. The area surrounding graves should remain clear for maintenance. Arrangements and other items that become wilted, faded or unsightly will be removed by city employees. PlantinQ of anv tree, shrub. flowers, etc. is strictly prohibited and will be removed immediately. ~ 61-11. - Memorials. [Amended 4-21-1992 by Ord. No. 92-04] A. Any violation of these rules shall result in the City Manager's notifying the owner of the property, by certified mail or AaM- Elimie€l Retille "JitR weef ef serville on-site posted notice, requesting necessary adjustments to comply with these regulations. After 30 days to correct the violation with no response, the City Manager shall cause the correction to be made and brought into compliance. B. Memorials in all sections of the cemetery may be markers, steRes er meR\Jm8Rts headstones or flat ledQers made of Qranite or similar material that will not erode in outdoor elements. Corner markers and borders of the same materials will be permitted to mark areas of multiple lots. No portion of the monuments markers and headstones shall exceed the width of the lot(s) owned. No other edQinQ materials or fillinQ materials such as wood, stone, concrete, pipinQ, Qarden edQinQ, mulch, river rock. solar liQhtinQ etc. shall be permitted around or within the lot(s) , C. TRe ~\J~eriRteR€leRt The city shall ooIy prohibit individualistic designs in memorials when it would be offensive to other owners or tend to degrade the appearance of the cemetery. ~ 61-12. - Permit required. A permit must be obtained and a fee paid via the office of the City Clerk before a funeral or prior to placing a memorial in the cemetery. A $10.00 fee will be charQed and a permit required which includes monument sketch and dimensions prior to the placement of the memorial. Interment and ~Qlacement of the memorial shall be done under the supervision of a city employee. ~ 61-13. - Penalties for offenses. [Added 9-1-1992 by Ord. No. 92-20] Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in ~ 1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee. Each day such violation is committed or permitted to continue shall constitute a separate offense.