Agenda 12/14/2010 Item #16E 5
Agenda Item No. 16E5
December 14, 2010
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve a Resolution revising the Board of County
Commissioners' Policy for Operation of Lake Trafford Memorial Gardens, by
updating the cremation policy language for unclaimed and unclaimed indigent
deceased in Collier County.
OBJECTIVE: To approve a Resolution reflecting Board-approved changes in
operating policy for the Lake Trafford Memorial Gardens cemetery.
;
CONSIDERATION: On October 27,2009, the Board approved Agenda Item 16E4
authorizing a Cremation Policy for unclaimed and indigent deceased in Collier
County.
Collier County is required by Chapter 406, Florida Statutes, to provide cremation or
burial services for unclaimed and indigent deceased. By recently adopted policy, the
County meets this need by providing cremation only for all indigent burial services.
When a legally authorized representative of an indigent deceased requests a burial,
the County will pay such representative an in-kind allowance toward burial costs
which is equal to current cremation costs. Burials and cremains interments are
conducted at the County owned cemetery at Lake Trafford Memorial Gardens
Cemetery in Immokalee, if desired.
Consistent with Florida Statute Section 406.53(3), for purposes of the attached
Resolution, the term "indigent" and "unclaimed indigent" shall be determined as 100
percent of the federal poverty level recognized by the Federal Income Guidelines
produced by the United States Department of Health and Human Services.
Consistent with Florida Statute 406.50, for purposes of the attached Resolution, the
term "unclaimed" means a dead body or human remains that are not claimed by a
legally authorized person, as defined in Section 497.005(37), Florida Statutes, for
interment at that person's expense.
The attached Resolution reflects updated policy language reflecting Board-approved
policy changes, and provides that, to the extent authorized by law, no party involved
in the cremation of indigent or unclaimed bodies shall be liable for any damages
resulting from the cremation. Under this new policy, burial will only be utilized for
unidentified indigents as mandated by Court order or by Florida Statutes.
The attached Resolution has been reviewed and approved by the Housing, Human
and Veteran Services Department, Real Property Management Section, and the
County Attorney's Office.
_.
LEGAL CONSIDERATIONS: The attached Resolution has been reviewed and is
legally sufficient for Board action. - JW
Agenda Item No. 16E5
December 14, 2010
Page 2 of '15
FISCAL IMPACT: There is no fiscal impact on Housing. Human and Veteran
.
Services' or Real Property Management's budgets.
GROWTH MANAGEMENT IMPACT:
Management Plan.
There is no impact to the Growth
RECOMMENDATION: That the Board approves and authorizes the Chairman to
execute the attached Resolution.
PREPARED BY: Gary Bigelow, Property Acquisition Specialist,
Real Property Management Section/Department of Facilities
Management
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16E5
December 14, 2010
Page 3 of 15
COLLIER COUNTY
BOARD OF COUllTY COMMISSIONEHS
1C;t:5
F\ecOnlnl'2ndatlon to flpprove a Rp.solulion revising the Board of County Commissioners
Policy for Oi-'c~ratilJll of l<]ke Trafford Memorial Gardens, by updating the cremation policy
IclllfjU3gC fur unclaimed and uncl,lirned indigent deceased in Collier County.
12/14/2010 9 [)[) ()O AM
Prep. red By
Gary Bigelow
A.dmitltsttdti'lf' Ser\jiv;\,~,
Uivision
FrOI'Clty ACClUfSilic'fl Spr.:,cialist
Dale
F-;,cililies ilJ1811aqCtllent
11/24/20101.31:47 PM
Approved By
Mic!l,Jel H, Dowlill']
ArJminlo:,tri:lth', ~e(viccs
Dj,-dsjell)
!"'I'op'}ll}' rI'1zl!lc~W'lllf':'111 ~;;I\eciali5t. Senior
Date
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11/24/20101 :39 PM
^ppl"o\'cd 0)'
funi F. f>'\olt
Administrative 3<?r.'ic",~
Division
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Dale
n
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'11f24/2fJ10 2:30 PM
Approved By
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Divi::-',i(.ll
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Dilte
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Approved By
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':;i::O.j:ml' ('~T'\' "!t','n)~y
Date
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Approved By
!_<:'Il Golden F';'r;c-'
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DatH
/\'il,i!1,ist:2U {" i\dr'-~'::_ Uivi,don
12/1f20'10 5:21 PM
Approved By
Or'>113 C>,)~.llc1 it 1;:1 i ':'\'
Coun;\' r,'~.JI12W'I"C {lffip}
Date
(Iffi~('~ uf r-/hIFI9'O'IW'ilJ .S. nllflq~:t
12/2/2010 2:03 PM
Approved By
Agenda Item No 1 fiE5
December 14, 2010
Page 4 of '15
T11Sf0'Se r:t:1tllcy
rt:~II;l'"I'::! U~~.'f'r;Jlii)Il~; Support" TI<:II)5
Date
CHiee of !'/l<Hl;;;Ju~I'_:nt (~
Ijffiv' 'J! r~lalu~J'~'!il'.?llt 11 nll~l~Wl
121:1120102:09 PM
Budget
Approved By
Leo E. Ochs. Jr
(:Oll!1ty M;1rlilqer
Dale
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e'JUn1v r-"~-'lIltl'!C'lS urfir-',
12/5/20'lO 2:29 PM
Agenda Item No. 16E5
December 14, 2010
Page 5 of 15
BOARD OF COUNTY COMMISSIONERS
POLICY
OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS
SECTION ONE:
Purpose
On July 27, 1982, the Board of County Commissioners adopted a policy governing the
rights of interment, administration, maintenance and developmcnt of Lake Trafford Memorial
Gardens, said policy including the disposition of indigent deceased.
'The need exists to provide a separate, revised policy for the operation ot the Lake
Trafford Memorial Gardens tq.more clearly define the rules and regulations regarding the
establishment of a crcmation only policy for unclaimed and indigent deceased, which govern the
administration and dcvelopment of Lake Trafford Memorial Gardens.
SECTION TWO: Establishment of Rules ami Regulations to Govern Administration and
Maintcnance of Lake Trafford Memorial Gardcns
A. Lake Trafford Mcmorial Gardens, a cemetery acquired and maintained by Collier
County for the public benefit under authority of Chapter 63-1243, Special Acts of the Florida
State Legislature, and as recDrded in Plat Book 8~ Page 32 through 40 of the Public Records of
Collicr County, Florida, is subject to the following Rules and Regulations prescribed for the
protection of owners' interment rights thcrein and for the administration, maintcnance and
dcvelopment of the "Gardens."
B. Rescission of previous Rules and Regulations - All prcvlOus Rules and
Regulations for the Gardens are hereby rescinded.
SECTION THlU~E: Scope of Responsibility
The Administrative Services Division Administrator or designee shall be responsible for
sale of lots, cremation of both unclaimed and indigent persons, maintenance, monitoring of
burial and crcmation procedures to ensure compliance with the Rules and Regulations
cstablished herein, and gcneral administration and keeping of records concerning the Gardens.
To the extcnt authorizcd by law, no party involved in the cremation of indigent, unidentified or
unclaimed bodies shall be liable for any damages resulting from the cremation.
Agurlda Item No. 16E5
December 14, 2010
Page 6 of 15
SECTION FOUR: Definitions
A. Unclaimed. A body is consiuered unclaimed when:
I. The body has been identilied but no legally authorized person (as defined
in Florida Statules 406.50) can be found to participate in the final disposition of the
bouy.
2. One or more legally authorized persons, having been contacted, will either
not claim the body for burial, or will not authorize cremation.
B. Indigcnt. A ueceased who. at the time of ueath, meets one hundred percent
(100%) of the federal poverty level recognized by the Federal Income Guidelines
produced by the United States Department ofllealth and Human Services.
C. Unidcntilieu. Deceased whose identity cannot be uetermincd after diligent
search.
SECTION FIVE: Regulations Pertaining to Interment
A. Lots or grave spaccs shall be used only for burial of human dead. Only one
interment shall be made in a grave (with the exception of interment of mothcr and infant, or two
chilurcn in one casket).
13. Purchase of lot or grave space shall convey only the right of burial therein, subject
to such regulations as may be in force at the time of burial.
C. Burials in aboveground vaults shall be prohibited.
D. Sites shall be located and staked by Real Properly Management or by contract
with a private individual, flnn or organization if the Administrative Services Division
Administrator gives such approval.
E. Huria] Casket and Liner Requirements:
(1) Burial in thc Adult Section of the Gardcns shall require, at a mmunum, a
manufactureu. cloth covcred casket and a metal or concrete lincr.
(2) Burial of decomposcd bodies shall require, at a minimum, a metal, sealed
casket similar to the brand name Zicgler and a metal or concrete liner.
(3) Burial in the Infant Section of the Gardens shall rcquire, at a minimum, a
vault-casket combination. dome-scaled, polyfoam fiber plastic, weather
proofed casket: a vault casket combination shall not require an additional liner
for interment.
2
Agenda Item No. 16E5
Oecember 14. 2010
Paqe 7 of 15
(4) All caskets and liners shall be approvcd by the Administrative Services
Division Administrator or designee and no burials other than with approved
caskets and liners shall be permitted.
(5) Failure to meet these required burial casket and liner rcquirements will result
in having any and all interment procedures delayed until these requirements
are satisfied.
F. Notice of scheduled funerals must be given to, and an authorization to bury must
be obtained from the Administrative Services Division Administrator or designee no less than
twenty-four (24) hours before the announced time of the funeral.
SECTION SIX:
Indigent Cremation and Burial
A. ELIGIBILITY:
Any person who expires within the confines of Collicr County, whether resident or non-
resident, is potentially cligible for cremation or burial. Collicr County shall employ the method
of cremation for any indigent, unclaimed, and unclaimed indigent deceased persons.
B. POLICY:
Thc policy for disposing of bodies at Collier County's expense will be:
(I) UNCLAIMED:
(a) Veteran. Collier County will provide burial or inurnment at a national
cemetcry for an eligible vcteran in accordance with Florida Statutes 406.50, 406.51 and
C.F.R.38.
(b) If suitable, Collier County will transfer the body to the Anatomical Board
or rescarch facility as designatcd in Florida Statutes 406.50.
(c) If the body is ineligible for eithcr of thc above, and the Medical
Examiner's office has not requested otherwise, the Collier County Director of Housing,
Human and Veteran Services, or his/her designee, will authorize cremation.
(d) The remains will be held for one hundred-twenty (120) days and, if not
claimed by a legally authorized person, will be disposed of by the funeral home in
compliance with Florida Statutes 497.607(2).
3
ASJ8ncla Item NO.1 fiE5
December 14. 2010
Page 8 of '15
(2) INDIGENT CREMATION AND BURIAL:
(a) Thc Administrative Scrvices Division Administrator or designce shall
assign burial spaccs for thosc pcrsons based on the policy guidelines sct forth in
Scction C. Those spaces will be made available at thc request of the Collier County
Housing, I-Iuman and Vcteran Services Director or designce. The selection of such
spaces by the County shall bc final.
(b) The Administrative Services Division Administrator or dcsignee shall
be responsible for the opcning and closing of gravesites for indigent burials and
indigent vetcran burials. The burials of indigent and indigent vcterans will be in
aeeordanec with the rcquest of the Collier County Public Serviecs Administrator or
designcc.
(c) A Request for Deed Certificatc to Right of Interment form shall be
made out for each lot used j'lr burial of an indigent pcrson. The first copy of the
Request shall be Jilcd by thc Housing. IIuman and Vetcran Services Director, and the
second C\lPy with Real Property Managcment. No Deed Certificate shall be made out
with respect to the burial of an indigent person.
(d) Vetcran. A legally authorizcd person may rcquest burial or inurnment at a
national cemetcry for an eligiblc vcteran in accordancc with Florida Slalutes 406.50 and
C.F.R. 38. Collicr County will not provide burial or inurnment locally if eligible for a
national cemetery.
tc) A legally authorizcd person may rcqucst transfer to the Anatomical Board
or rescarch j'lcility as dcsignated in Florida Stall/les 406.50.
(I) A Icgally authorized personll1ay authorize direct (no viewing, no scrvice)
cremation through the County's contracted funeral home(s), and may reccive thc
cremated rcmains in accordance with [<7orida Slall/tes.
(g) A legally authorized person may elaimthe body for burial. Collicr County
will pay only thc currcnt contracted amount hlf cremation toward a direct (no viewing. no
service) burial with the contracted funeral homc(s). No payments will be made to any
party other than the County contracted funeral hornc(s).
(h) Collier County will not providc a luneral servicc or financial assistancc
toward a funcral service. lJpgmdcs to the County's arrangements with the contracted
luneral hornets) arc not permittcd.
(i) A legally authorizcd pcrson or next of kin may claim the remains through
Collicr County's contracted li.mcral homes(s). within ane hundred-twenty (120) days and,
if not c1aimcd by a lcgally authorized person or ncxt of kin, the remains will be disposed
afby thc 1uneral home in compliance with Florida Stalules 497.607(2).
4
Agenda Item No. 16E5
December 14, 2010
Page 9 of 15
C. PROCEDURES:
The Collier County Department of Housing, Human and Veteran Services will be
responsible for the implementation of the Indigent Cremation and Burial Program.
Procedures dctailing the implemcntation of the program are the responsibility of the
HHVS Department.
(I) Collier County will make all reasonable efforts to gather pertinent information,
including name, date of birth, Social Security number, date of dcath, cause of death, next
of kin, financial information, veteran status, willingness of relatives to donate body for
research for education and preference for burial or cremation based on the policies as set
forth in Sections B(l) and B(2) above. In the matter of Indigent cremation, a family
member must be willing to sign an authorization for cremation and disposition for the
funeral home(s).
(2) Upgrades for caskets, cremation urns, vaults, cemetery plots, or additional funeral
services such as vicwing and graveside services will not be permitted at County expense.
(3) If identification of a body has not bcen establishcd, cremation shall be delayed a
minimum of ten (l0) days Jrom the oftlcial date of dcath. If identilication of the body
has bcen established and the ncxt of kin has not been found, the body will held for ten
(10) days from the official datc of death and until reasonable cfforts to locate ncxt of kin
have been exhausted.
(" ,
\"'j
provided paymcnt to Collier County for the difference of the current cremation fee
schcdule and the fee schedule for hurial scrviccs. Collier County Housing, Human and
Vetcran Scrvices Department or his/her designee will be responsible for authorizing
Indigent Crcmation and Burial scrvice.
(a) Collier County Housing, I-luman and Veteran Services shall coordinate
with Real Property Management all interment services at the Gardens required for either
the Cremation or Burial of Unclaimcd or Indigent deceased. Furthermore, Real Property
Managcment shall confirm burial/disposition arrangements with the contracted funeral
home, and/or associated vendors.
(5) After disposition of the Unclainied and Indigent deceased, an itcmizcd statement
rcqucsting payment shall be presented to Collier County Housing, Human and Veteran
Serviccs Departmcnt by the funeral home providing the service. Collier County shall
provide paymcnt to the contracted funeral homc according to the rates in cffect at the
time services were rendcred. and included herein, and may be amcnded from time to timc
by Resolution of the Board of County Commissioners.
5
ilqenda Item No. 16E5
December 14, 2010
Page 10 of 15
SECTION SEVEN: Veteran Section
All veteran gravesites in Lake Trafford Memorial Gardens shall have flat bronze or
marble grave markers. These markers will be fastened into a concrete slab the size of 27" x 15"
x 4" and securely set flush with turf
The maintenance for the Vetcran Section will be In accordance to the Maintenance
Procedures further explained in Section Ten.
SECTION EIGHT: Sale of Lots
A. Purchase of interment rights shall be from Collier County only. No sales shall be
made other than to nalurai pcrsons. cxcept to funeral homes for immediate use. No r~sal~ or
transfer of intermcnt rights othcr than by involuntary operation of law shall be permitted, except
that the County shall repurchase by quit claim deed any unused right upon request from the
owner thcr~of for the original price. less recording or other fees, and any other actual
determinable expenses. No lot owner shall accept rcmuIlcration for the use of hislher lot. No
single buycr shall be permitted to purchase lots in numbcr beyond his reasonabl~ anticipated
requirements as detcrmined by thc County. Th~se provisions are cxpressly for the provision of
any speculation in interment rights.
B. Procedures for salc of lots n The Administrative Services DivisioIl Administrator
or designee shall:
(I) Take calls ii'om prospcctive purchasers.
(2) Execllt~ Rcqucst for Deed Certificate to Right of Interment and collect
purchasc price:
(a) First copy of Request for Deed Certificate to Right of Interment shall
be given to purchaser as a receipt.
(b) Second copy of Request for Decd Certificate to Right of Interment
shall be retained in Real Property Management's Lake TratTord
Cemetery files.
(c) Upon execution of a Request fi>r Deed Certificate to Right of
Intenncnt by thc Administrative Services Division Administrator or
designee. a Deed Certificate shall be completed and sent to the
Board of County Commissioners' office for execution by the
Chairman. Upon execution, the Deed Certificate will be delivered to
the Clcrk of thc Courts f'lr recording. After recording, the Deed
Ccrtificatc will be mailed by the Administrative Services Division
Administrator or designee to the purchaser as soon as practical. A
6
Agenda Item No. 16E5
December 14, 2010
Page 11 of 15
copy of the rccorded Dced Certificate will be filed by Real Property
Managcmcnt in the Gardens files.
(d) Whcn a burial takcs placc, the datc relating to the deceased will be
entered into thc "Record of Interment" scction of the Request for
Decd Ccrtificate to Right of Interment. Cross-index cards by
deccased namcs and Deed Certificate numbers will be completed and
filed.
(c) Arrangement for burials on privately-owned lots would be made
through funeral homcs, which provide the sitc preparation crews.
C. Proceeds from Salc of Lots
(I) Sales price of lots shall be as determined by resolution of the BoarQ.of
County Commissioners.
(2) Full paymcnt for grave spaces shall bc made in cash or by check.
(3) Procceds from sale shall be transmitted to the Finance Department, and a
rcccipt thercfore shall be obtained for the Real Property Managemcnt's Gardens
files.
(4) Thc owncr of intermcnt rights in any unused lot or group of unuscd lots
Inn)' Inakc application to the l\dministrative Services Division A..dministrator or
dcsignce for a return of the purchase pricc for such lot or lots, lcss recording fecs
and any other dcterminable actual cost. Upon reccipt of such a request, the
Administrative Scrvices Division Administrator or designcc shall have thc owner
cxccute a quit claim dced for the lot or lots in favor of Collicr County, and give
the owners in cxchangc thcreof a reccipt spccifying the amount of refund to be
payable upon acceptance of the quit claim deed. Real Property Management will
secure a refund check from Collicr County's Financc Dcpartment and mail to the
owner at the address shown on thc quit claim dccd.
(5) Thc proceeds trom the sale of interment spaces shall be used to help
defray cxpenses of development, administration and maintenance of thc Gardens.
All such funds reccived ovcr and abovc sllch expenscs may be dcposited in a trust
fund on a yearly basis. Such trust fund, whcn it shall become large cnough that
thcrc is sufficient income for thc purposc, shall constitutc a perpctual carc fund
lor further development and maintenance of the Gardens.
D. Approved Documentary Forms - the forms listcd below arc approved for use by
the Administrative Services Division Administrator or dcsignce in accordance with this policy.
(1) Request for Dced Certificate for Right of Intcrment with Rules &
Regulations on revcrse side.
7
Agenda Ilem No 16E5
December 14, 2010
Page 12 of 15
(2)
Deed Certificate.
SECTION NINE:
Grave Markers
A. In order to preserve uniformity, grave markers shall be approved by the
Administrative Services Division Administrator or designee. The Administrative Services
Division Administrator shall have the right to change gravesite requirements when deemed
necessary.
13. Grave memorials shall be set on the allocated grave space only. No memorial
may be set to embrace two or more grave spaces unless first approved in writing by the
Administrative Services Division Administrator.
C. Only tlat bronze or marble tablets, set tlush with the turf, may be used as grave
markers. The Administrative Services Division Administrator, prior to the delivery of the
markers to the Gardens. must approve any othcr grave marker types.
D. The Administrative Serviccs Division Administrator or designee shall have the
right to remove any and all gravc markers. grave memorials or personal property placed on a
grave space that is not in accordance with this governing policy.
SECTION TEN:
Maintenance Procedures
A. Grass shall be mowed and shrubs and bushes trimmed as needed.
H. Grounds shall be policed and trash removed when accumulations become noticeable.
C. Graves shall be tended and dressed as required: till shall be added to maintain
ground level.
D. Seed and ICrtilizer shall be used as needed to maintain grounds.
E. Gardens may be maintained (to include duties of caretaker) by Collier County's Parks
& Recreation Department or Facilities Management Department, or by contract with
a private individual. firm, or organization if the Administrative Services Division
Administrator gives sueh approval.
F.
the budgct.
The cost of work done at the Gardcns shall be budgeted as a separate section of
8
Agenda Item No. 16E5
December 14, 2010
Page 13 of 15
SECTION ELEVEN:
Other Appurtenances
A, Enclosures of any nature, such as fences, arches, hedge or ditch around a lot or
group of lots are prohibited. Grave mounds are also strictly prohibited.
B. No trees, plants or shrubs shall be planted, pruned or removed except with the
prior written approval of the Administrative Services Division Administrator, or designee.
SECTION TWELVE:
Conduct
Any activities within the confines of the Gardens, which are conducted in disregard of its
solemnity, including but not limited to, drunkenness, hunting, picnicking, or the
disposition of trash or litter thereon, are strictly prohibited, and offenders shall not be
permitted on thepremises and may be subject to prosecution.
SECTION THIRTEEN:
Reservation of Authority
This Policy shall be amended or rescinded only by the authority of the Board of County
Commissioners.
SECTION FOURTEEN: Effcctive Date
This Policy is approved and adopted by the Board of County Commissioners this
day of ,20] O.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle. Chairman
As Deputy Clerk
Approved as to form and
legal sufficiency:
I
(
,
Jeff Vr' ht, Assistant County Attorney
Revis 1/22/2010
<)
Agenda Item No 1 GE5
December 14. 20'10
Page 14 of 15
RESOLUTION NO. 2010-
A RESOLUTION ADOPTING A POLICY TO
GOVERN THE OPERATION OF LAKE TRAFFORD
MEMORIAL GARDENS.
WHEREAS, on July 27. 1982, the Board of County Commissioners of Collier County,
Florida adopted a policy (Resolution (82-105)) governing the rights of in tennent, administration,
maintenance and development of Lake Trafford Memorial Gardens (Cemetery), said Policy
including the disposition of indigent deceased; and
\VHEREAS, on Septeluuer 22, 1987 by Resoiuiion No. 87w224; on May 1, 1990 by
Resolution No. 90-242; on September 9. 2003 by Resolution No. 03-290; and on October 27,
2009 by Resolution 1\0. 09-253. the Board of County Commissioners revised the Policy for the
operation of the Cemetery; and
WHEREAS, the neeu exists to further revIse the Policy for the operation of the
Cemetery to more clearly define the rules and regulations which govern the administration and
development of Lake Tra!1(n'd /vlemorial Uardens, and to clarify provisions relating to cremation.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that all previous rules and
regulations for Lake Trafford Memorial Gardcns be and hereby are revoked and rescinded, and
that the attacheu Policy. a copy of which shall be set f0l1h in the Minutes of the Board of County
Commissioncrs for this uay. be and hereby are declarcd to be those Rules and Regulations which
shall hcnceforth govern the administration. maintcnancc and development of Lake Trafford
Memorial Gardens.
THIS RESOLUTION adopted alicr motion. second and majority vote this the _
uayof
, 2DI D.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:____~~ _ ~__
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
6
JeffE. Wright
Assistant County Attorney
Agenda Item No. 16E5
December 14. 2010
Page 15 of 15
LOCATION MAP
;i#
LAKE TRAFFORD MEMORIAL GARDENS
CEMETERY