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HomeMy WebLinkAbout02/12/2004 - Regular Minutes - Cemetery Advisory Committee City of College Station Cemetery Committee Thursday, February 12, 2004 Central Park Office 10:00 a.m. Staff Present: Ross Albrecht, Forestry Superintendent; Ann Marie Hazlett, Parks Secretary. Members Present: Katherine Edwards, Chairman; Sarah Adams; Ed Burns; Mary Lind Bryan; David Chester; Joe Wallace; Don Hensel; Virginia Reese. 1.Call to order: The meeting was called to order at 10:05 a.m. 2.Hear Visitors: Hearing none, this item was closed. 3.Discussion, consideration and possible approval of absentee requests: There were no requests for absences submitted. 4.Discussion, consideration and possible approval of minutes from the regular meeting on December 11, 2003: David C. made a motion to approve the minutes from December 11, 2003. Joe W. seconded the motion. All were in favor, and the motion passed unanimously. 5.Update, discussion, and possible action regarding the back entrance improvements to the existing cemetery: Bid opening for landscape improvements th of the back entrance will be February 17. If everything is satisfactory with the bid, a contract should be negotiated within 7-10 days from the bid opening. After that, the contractor should be able to get started by the end of February. The Parks Department is working with Public Works on the road to the back entrance. A few trees have been removed in order to widen the road bed. Ross explained that when construction begins on Texas Avenue, southbound traffic will still be able to access the front entrance to the cemetery. However, northbound traffic will not be able to turn left into the cemetery. He went on the explain that the back entrance will still be locked after the cemetery crew leaves work, as well as on weekends, to help alleviate cut-through traffic. However, if a funeral is planned for those times, special arrangements could be made in order for the funeral procession to utilize the back entrance. Katherine suggested that the funeral homes be notified when the back entrance project is complete so that they know that entrance is available to them. Ross added Cemetery Committee Meeting Page 1 of 4 Thursday, February 12, 2004 that he will notify the funeral homes as well as the police department of the back entrance availability. 6.Update and discussion regarding the new cemetery site selection process: Ross explained that the Aggie Field of Honor would be discussed at that afternoon’s Council workshop session. He also informed the committee that Charles Cryan would be making a presentation to Council regarding this item with the following recommendation: “Subject to certain conditions and timetable, staff recommends that the City Council direct staff to work toward creating an Aggie Field of Honor (AFOH) at the Northwest intersection of Raymond Stotzer and Harvey Mitchell Parkway in conjunction with a municipal cemetery. It should be noted that the process begins with land acquisition that is required for both facilities. This project is time sensitive and certain activities must be complete prior to fiscal year end in order for the AFOH and municipal cemetery to be a viable project. Staff is also seeking to enter into an option agreement on other property that has been identified as a possible site for a municipal cemetery.” Katherine expressed concern regarding a comment on the agenda item coversheet of the item that states: “It is estimated that including the Aggie Field of Honor with a municipal cemetery would require the City to invest approximately $2,250,000 that is currently unbudgeted for the design, and construction of the initial phases of the Aggie Field of Honor and a municipal cemetery.” Ross answered that money is available for the purchase of the municipal cemetery; however there is no development money. Joe added that the Aggie Field of Honor will not cost the city any money, and that the money spent will be paid back to the city over a period of ten years. Joe explained to the committee the timeline that has been mapped out for this project (see attachment #1, recommendation #2). In conjunction with working on this project, the city would seek an option on the previously selected site for a municipal cemetery. Katherine asked if the option to purchase the other property was sought, if the price would stay the same if they did decide to purchase that property, or will the price go up. Ross informed the committee that the city is very interested in not losing the right to that piece of property. Additionally, Joe explained that the pro forma cash flow shows that the city would arrange to borrow $2,250,000, to be paid back over a ten-year period from the proceeds from the sale of lots of the municipal cemetery, as well as the Aggie Field of Honor. The projection of lot sales was based on a professional appraisal done in 2000. The number of lot sales used in the projection was about one-half of the appraisal number from 2000. The assumed price of spaces used in the pro forma beginning in 2005, would be $750 for the municipal cemetery and $1,500 for the Aggie Field of Honor, over a three-year period. Over the following two-year period, municipal cemetery lots would sell for $800 and then $850 after that. After a ten-year Cemetery Committee Meeting Page 2 of 4 Thursday, February 12, 2004 period the $2,250,000 that was borrowed would be paid back fully, plus the city cemetery endowment fund would have grown to approximately $2.9 million. Katherine questioned how the endowment fund could grow when the money from the sale of lots was going to repay debt. Ross clarified that a portion of the sale of spaces would go into the endowment fund, and a portion would go to repay the debt. Concerns were raised regarding the possibility of the Aggie Field of Honor portion overshadowing the municipal cemetery. Ross speculated that the Aggie Field of Honor would have some sort of delineation from the municipal cemetery, whether it is fencing, landscaping, or some other sort of delineation. Mary again asked the question of who can be buried in the Aggie Field of Honor. It was answered that anyone who wants to purchase a space can be buried there. Ross added that the Aggie Field of Honor will not be governed by the City, but by a different committee. It has the possibility of having different rules and regulations than the municipal cemetery. It was suggested that at the next meeting, committee members bring a list of questions regarding operational issues for the new municipal cemetery and the Aggie Field of Honor. 7.Discussion, consideration, and possible action regarding chairperson’s report on the committee’s mission and goals (see attachment #2): Katherine handed out a report she had produced with the anticipation of giving an update to Council on the mission statement, core values, goals & accomplishments of the Cemetery Committee. This was an informational item only, and no motion was made. 8.Report and discussion regarding questions sent to legal in August 2003 on the sale of spaces: ?Can the city impose different cemetery rates based upon non-residents and residents? No. ?Can the city require that space owners can only sell unwanted spaces back to the city? No, however if there is a third party sale of spaces, it is not binding upon the city until it is proven to the city, either by letter from the executor of the estate or the original owner, that the sale or transfer of that space has occurred and a new deed is issued. ?Can the City restrict the number of spaces that an individual, family or organization can purchase? Yes. ?Can the city designate separate sections either based upon religion or something like an Aggie section? Legal would advise the city to avoid designating sections by religion to avoid potential allegations that the restriction violates the public accommodations provision of the Civil Rights Act of 1964. However, no legal prohibition preventing the city from designating a section of the cemetery as an Aggie section has been found. Cemetery Committee Meeting Page 3 of 4 Thursday, February 12, 2004 The Cemetery Committee is concerned with preventing individuals or groups from “scalping” plots, especially as space in the existing cemetery becomes increasingly limited. Carla Robinson from legal did inform the committee that “Texas Health & Safety Code §711.052 makes it a Class A Misdemeanor for an individual, firm, association, corporation or municipality, or their officer, agent, or employee, to sell, offer to sell, or advertise for sale a plot or exclusive right of sepulture in a plot for purposes of speculation or investment.” 9.Discussion, consideration, and possible action regarding rules and regulations for the new cemetery site: This item will be discussed at a later date. 10.Discussion of next meeting date and agenda: The committee will meet on Thursday, March 4, 2004, at the Central Park Conference Room at 10:00 a.m. The committee would like to discuss creating a policy to restrict the number of spaces to be sold to an individual or organization. Also, committee members will bring questions regarding operational issues of a combined municipal cemetery and an Aggie cemetery. In addition, the committee will review the current ordinance governing the existing cemetery, and use it as a guideline for making rules and regulations for the new cemetery site. 11.Adjourn: The meeting adjourned at 11:00 a.m. Cemetery Committee Meeting Page 4 of 4 Thursday, February 12, 2004