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Resolution 2003-290 RESOLUTION NO. 03- 16.~.' ";' ~':;I.,;, ?qn 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 interment, administration, maintenance and development of Lake Trafford Memorial Gardens (Cemetery), said Policy including the disposition of indigent deceased; and WHEREAS, on September 22, 1987 by Resolution 87-224, and on May I, 1990 by Resolution 90-242, thc Board of County Commissioners adopted revised Policics for the operation of the Cemetery; and WHEREAS, the need exists to provide a separate, revised policy for the operation of the Cemetery to more clearly define the rules and regulations which govern the administration and development of Lake Trafford Memorial Gardens. 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FLORIDA, that all previous rules and regulations for Lake Trafford Memorial Gardens be and hereby are revoked and rescinded, and that the attachcd Policy, a copy of which shall be set forth in the Minutes of the Board of County Commissioners for this day, be and hereby are declared to be those Rules and Regulations which shall henceforth govern the administration, maintenance and development of Lake Trafford Memorial Gardens. THIS RESOLUTION adopted after motion, second and majority vote. DA TED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By,~,J).C' By,::k- -1J . _ . , Deputy Clerk Tom Hen~ attest .. to Ctla 'l'tlI~..q -0.3 Signature G!11~, Approved as to form and legal sufficiency: rtcL t ^----- Heidi F. Ashton Assistant County Attorney {~;...... ;' ~.tb; POLICY 16 E 1 '~'~~I BOARD OF COUNTY COMMISSIONERS OPERA TION 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 development 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 of the Gardens to more clearly define the rules and regulations, which govern the administration and development of Lake Trafford Memorial Gardens. SECTION TWO: Establishment of Rules and Regulations to Govern Administration and Maintenance of Lake Trafford Memorial Gardens A. Lake Trafford Memorial 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 recorded in Plat Book 8, Page 32 through 40 of the Public Records of Collier County, Florida, is subject to the following Rules and Regulations prescribed for the protection of owners' interment rights therein and for the administration, maintcnance and development of the "Gardens." B. Rescission of previous Rules and Regulations - All previous Rules and Regulations for Lake Trafford Memorial Gardens are hereby rescinded. SECTION THREE: Scope of Responsibility The Administrative Services Division Administrator or designee shall be responsible for sale of lots, burial of indigent persons, maintenance, monitoring of burial procedures to ensure compliance with the Rules and Regulations established herein, and general administration and keeping of records concerning Lake Trafford Memorial Gardens. SECTION FOUR: Regulations Pertaining to Interment A. Lots or grave spaces shall be used only for burial of human dead. Only one interment shall be made in a grave (with the exception of interment of mother and infant, or two children in one casket.) B. 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 Estate Services or by contract with a private individual, firm or organization if the Administrative Services Division Administrator gives such approval. E. Burial Casket and Liner Requirements: (I) Burial in the Adult Section of thc Gardens shall rcquire, at a minimum, a manufactured, cloth covered casket and a metal or concrete liner. (2) Burial of decomposed bodies shall require, at a minimum, a metal, sealed casket similar to the brand name Ziegler and a metal or concrete liner. 16El'1f (3) Burial in the Infant Section of the Gardens shall require, at a minimum, a . vault-casket combination, dome-sealed, polyfoam fiber plastic, weather proofed casket; a vault casket combination shall not require an additional liner for interment. (4) All caskets and liners shall be approved by the Administrative Services Division Administrator or designee and no burials other than with approved caskets and liners shall bc permitted. (5) Failure to meet these required burial casket and liner requirements 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 designce no less than twenty-four (24) hours before the announced time of the funeral. SECTION FIVE: Indigent Burials A. The Administrative Services Division Administrator or designee shall assign burial spaces for those persons whose finances do not permit the purchase of a grave. Those spaces will be made available at the request of the Collier County Human Services Director or designee. Thc selection of such spaces by the County shall be final. B. The Administrative Services Division Administrator or designee shall be responsiblc for the opening and closing of gravesites for indigent burials and indigent veteran burials. The burials of indigent and indigent veterans will be in accordance with the request of the Collier County Social Services Director or designee. C. A Request for Deed Certificate to Right of Interment form shall be madc out for each lot used for burial of an indigent person. The first copy of the Request shall be filed by the Human Services Director, and the second copy with Rcal Estate Services. No Deed Certificate shall be made out with respect to the burial of an indigent person. SECTION SIX: Veteran Section All vetcran 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 IS" x 4" and securely set flush with turf. The maintenance for the Veteran Section will be in accordance to the Maintenance Procedures further explained in Section Nine. SECTION SEVEN: Sale of Lots A. Purchase of interment rights shall be from Collier County only. No sales shall be made other than to natural persons, except to funeral homes for immcdiate use. No resale or transfer of interment rights other 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 thereof for the original price, less recording or othcr fees, and any other actual determinable expenses. No lot owner shall accept remuneration for the use of his/her lot. No single buyer shall be permitted to purchase lots in number beyond his reasonable anticipated requirements as determined by the County. Thesc provisions are expressly for the provision of any speculation in interment rights. B. Procedures for sale of lots - The Administrative Services Division Administrator or designee shall: (0 Takc caIIs from prospective purchasers. 2 16 E 11, (2) Execute Request for Dced Certificate to Right of Interment and collect purchase 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 Deed Certificate to Right of Interment shall be retained in Real Estate Services' Lake Trafford Cemctery files. (c) Upon execution of a Request for Deed Certificate to Right of Interment by the Administrative Services Division Administrator or designee, a Deed Certificate shall be completed and sent to the Board of County Commissioners' office for exccution by the Chairman. Upon execution, the Deed Certificatc will be dclivered to the Clerk of the Courts for rccording. After recording, the Deed Certificate will be mailed by the Administrative Services Division Administrator or designee to the purchaser as soon as practical. A copy of the recorded Deed Certificate will be filed by Real Estate Services in the Lake Trafford Cemetery files. (c) When a burial takes place, thc date relating to the deceased will be entered into the "Record of Interment" section of the Request for Deed Certificate to Right of Interment. Cross-index cards by deceased names and Deed Certificate numbers will be completed and filed. (d) Arrangement for burials on privately-owned lots would be made through funeral homes, which provide the site preparation crews. C. Proceeds from Sale of Lots (1) Sales price of lots shall be as determined by resolution of the Board of County Commissioners. (2) Full payment for grave spaces shall be made in cash or by check. (3) Proceeds from sale shall be transmitted to the Finance Department, and a receipt therefore shall be obtained for the Real Estate Services' Lake Trafford Cemetery files, (4) The owner of interment rights in any unused lot or group of unused lots may make application to the Administrative Services Division Administrator or designee for a return of the purchase price for such lot or lots, less recording fees and any other determinable actual cost. Upon rcceipt of such a request, the Administrative Scrvices Division Administrator or designee shall have the owner execute a quit claim deed for the lot or lots in favor of Collier County, and give the owners in exchange thereof a receipt specifying thc amount of refund to be payable upon acceptance of the quit claim deed. Real Estate Services will secure a refund check from Collier County's Finance Department and mail to the owner at the address shown on the quit claim deed. (5) The proceeds from the sale of interment spaces shall be used to help defray expenses of development, administration and maintenance of the Gardens. All such funds received over and above such expenses may be deposited in a trust fund on a yearly basis. Such trust fund, when it shall become large enough that there is sufficient income for the purpose, shall constitute a perpetual care fund for further development and maintenance of the Gardens. 3 16E1 ,.., D. Approved Documentary Forms - the forms listed below are approved for use by the Administrative Services Division Administrator or designee in accordance with this policy. (1) Request for Deed Certificate for Right of Interment with Rulcs & Regulations on reverse side. (2) Deed Certificate. (3) Florida Department of Revenue, Return for Transfers of Intcrest in Florida Real Property. SECTION EIGHT: Grave Markers A. In order to preserve uniformity, grave markers shall be approved by the Administrative Services Division Administrator or designee. The Administrative Services Di vision Administrator shall have the right to change gravesite requirements when deemcd necessary. B. 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 flat bronze or marble tablets, set flush 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 other grave marker types. D. The Administrative Services Division Administrator or designee shall have the right to remove any and all grave markers, grave memorials or personal property placed on a grave space that is not in accordance with this governing policy. SECTION NINE: Maintenance Procedures A. Grass shall be mowed and shrubs and bushes trimmed as needed. B. Grounds shall be policed and trash removed when accumulations become noticeable. level. C. Graves shall be tended and dressed as required; fill shall be added to maintain ground D. Seed and fertilizer 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 Administrativc Services Division Administrator gives such approval. F. The cost of work done at the Gardens shall bc budgeted as a separate section of the budget. SECTION TEN: 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. 4 SECTION ELEVEN: Conduct 16fl 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 prohibitcd, and offenders shall not be permitted on the premises and may be subject to prosecution. SECTION TWELVE: Reservation of Authority This Policy shall be amended or rescinded only by the authority of the Board of County Commissioners. SECTION THIRTEEN: Effective Date fl.lh This Policy is ,approved and adopted by the Board of County Commissioners this ~day of'<Yr*ml::tr. 2003. ATTEST:.. J' DWI~.Hi E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS CO~~NT FLORIDA BY: ~:~ V;.e.. , .' ,Deputy Clerk Atttst &1 to Cha1M11ft's signature oolJ. Tom Henning, Chairman q .q.o a Approved as to form and legal sufficiency: i1\cL J /Cr---- Heidi F. Ashton Assistant County Attorney 5 .~, . ~ ,'(~