Resolution 1990-242
MAY I, 1990
RESOLUTION NO. 90- 242
A RESOLUTION ADOPTING A POLICY TO GOVERN THE OPERATION
OF THE LAKE TRAFFORD MEMORIAL GARDENS
WHEREAS, on July 27, 1982, the Board of County Commissioners
adopted a policy, (Resolution 82-105), governing the rights of
interment, administration, maintenance and development of Lake
Trafford Memorial Gardens, said policy including the disposition of
indigent deceased; and
WHEREAS ,
COJlUDiBsloners
Cemetery.
on September 22, 1987, the
adopted a revised Policy for the
Board of County
operation of the
for
and
Lake
WHEREAS, the need exists to provide a separate, revised policy
the operation of the Cemetery to more clearly define the rules
regulations which govern the administration and development of
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revoked and rescinded, and that the attached P,")licy, a copy ot which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 adoi,ted ltfter motion, second and majority vote.
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BOARD OF COUNTY COMMISSIONERS
::~XUNTY' F~~~
. HA~; .. Chairman
Approved as to form and
legal sufficiency:
OOfXI0124
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MAY 1, 1990
In\RD OF a:uNI'Y CIHUSSIcm:RS
roLI~
OPERATIoo OF lAKE 'ffiAFFORD ~ G1IRlJENS
=00 am:
Porpoee
On JUly 27, 1982, the BoaId or COOnty O:mnissiooers a<:lqJted a policy
gcverning the rights of interment, admlnistration, maintenanoe and develcpt&1t
or the IAka Trarford MemJrial Gartlens, said p<'licy including the disposition or
indJ.qont """""""".
'!he need exists to provide a separate, revised policy for the operation or
the Gardens to more clearly define the rules and regulations 10hich govern the
administration and develcpt&1t or Lake Trafford Merrorial Gardens.
FstablishJoont or &11es and Regulations to Govern
Administration and Maintenanoe or Lake Trafford Gardens
A. Lake Tratforo MemJrial Gardens, a ~ acquire:l and maintained by
COllier COOnty for the public benafit urder authority of O>apter 63-1243,
Special Acts of the Florida State Legislature, and as recorded in Plat Book 8,
Page 32 throlxlh 40 of the Public Records of COllier Cwnty, Florida, is subject
to the rollowing &11... and Rogulations prescrlbsd for the protoction or owners'
interment rights thsrsin and for the administration, maintenanoe and
devolcpnent of the "Gardens".
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B. Rescission of previoos RUes and Regulations - All previoos RUes and
Regulatials for Lake Trafforo Memorial Gardens are hereby rescin:led.
SEX:TICN 'lHREE:
Scxlpe of Responsibility
'!he Administrative Services Administrator or his designee shall be
l'llIIporWible ror sale of lots, l:urial or indigent penlQlS, maintenanoe,
aaUtcring of l:urial pr=e:lures to ensure catpliance with the rules and
regulations established herein, and general administration and keeping or
reconls a:n:exnirq Lake Trafford Merrorial Gardens.
SECI'ICN FnJR.:
Regulations Pertainirq to Intennent
MAY 1, 1990
(3) 9.Jrial in the Infant SectiCX'l of the Gardens shall require, at
a mininum, a vault~ c:crd:lination, daoo sealed, polyfoam.
fiber plastic, weather pttlOred casket; a vault casket
catbinatiCX'l shall not require an additional liner ror
internent .
(4) All caskets and liners shall be awroved by the Administrative
services hlministrator or his designee and no blrials other
than in awroved caskets and liners shall be ~tbed.
(5) Failure to meet these =,ired bJrial caskets and liner
~ will result in having any and all interment
procedures delayed until these n.quirements are satistied,
F. Notice of sdleduled funerals III.lSt be given to, and an authorizatiCX'l
to bJry III.lSt be cbtained fran the Administrative services hlministrator or his
designee no less than n...rt:y-four (24) hours before the annaJnCed time or the
tunenl.
SEX:TIrn FIVF.:
Indigent 9.Jrials
A. '!he AdmWstrative services Administrator or his designee shall
assign bJrial spaces ror those perIICX'IS """"" rinanoes do not permit the
~ or a gr>!ve. '!hose spaces will be made available at the req>est or the
O>l11er Cl:>unty Social services Director or his designee. 'lhe selectiCX'l of such
spaces by the Cl:>unty shall be final.
B. '!he hlministrative setvices hlministrator or his designee shall be
respcnsible ror the opening and closing or gr>!ve si tee for indigent bJrials and
indigent veteran bJrials. 'lhe bJrials of indigent and indigent veterans will
be in accordance with the request or the O>llier Cl:>unty Social services
Director or his designee.
c. An!\greement for ~ to Right of Interment fonn shall be _ cut
ror each lot used for b.xrial or an indigent persall the first copy shall be
riled by the Social services Director, the sea:n::\ copy shall be filed with the
Administrative services Mldnistrator and the thitd copy shall be sent to the
IlIm:lI<ales Road and Brid;Je ::opartment to serve as a current update or recorded
graves. No deed shall be made cut with respect to the bJrial or an indigent
persal.
BECl'TCH SIX:
Veteran SectiCX'l
All veteran grave sites in Lake Trafford Meloorial Garrlens shall have flat
bra1ze or marble grave markers. !hese markers will be fastened into a cx:r.....",t;lLe
slab the size of 27" x 1511 x 4" an:! securely set flush with the tu:rt'.
IlIm:lI<ales Road' Bridge Department will be respcnsible for the insta1latial or
the gr>!ve markers within foo.!..'"1:een ('4) .=kin:)' days of receipt or said markers.
the maintenaroe for the Veteran SectiCX'l will be in accordance to the
lIaintenance Procedures i'uIthP..r explained in SectiCX'l Nine.
SFl:TIrn SEVm':
Sale :>f IDts
A. I'Urdlase of internent rights shall be frau O>llier Cl:>unty CX'Ily. No
sales shall be made other than to natural persalS, """"'Pt to f'Unera1 hanes for
imzB:IJ.ate use. No resale or transfer of interment rights other than by
lnvcluntary operatiCX'l of law shall be pennitt<<l, e>o::ept that the Cl:>unty shall
repJr<:hase by quit claim deed any unused right upon request frau the owner
thereof for the original price, less reconling or other fees, and any other
actual cIetenn.lnable expenses. No lot owner shall ac:oept renuneratiCX'l ror the
use of his lot. No single Wyer shall be pe.rmitted to p.u:t:hase lots in ramt>er
beytnl his reascnable anticipat<<l requl.J:enents, as determined by the Cl:>unty.
'Ihese provisiCX'lS are expressly for the provisiCX'l or any speculatiCX'l in
interment rights.
B. Procedures for sale of lots - '!he hlministrative services
Administrator or his designee shall:
1.
000(10126
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MAY 1, 1990
2. Execute .>qreen-ent for Dee:! and collect p.rrdlase price:
(a) First copy or hg>_,~,t for Dee:! shall be given to
purchaser as a receipt.
(b) Seccn:I copy of hg>_,~,t for Dee:! shall be retained in
departIlent files.
(c) 'lhJ.nI copy shall be sent to the Ilmokalee Road and
Bridge DepartIrent to serve as a current update of
recottled graves.
(d)
Upon exeo.lt.ion of an hg>"',.eI,t for Dee:! to Right or
Intenrent by the 1Idmi.nistrati ve services Mministrator,
a Dee:! oertiticate shall be CXlTpleta:l in duplicate. one
original dee:l shall be sent to the Board of Co.mty
O::mnissicner's office for approval.. Opal approval. of
the Board, the certiticate will be delivered to the
Clerk of the = for recordirq. After recordirq, the
dee:l will be mailed by the Mministrative services
hlministrator or his designee to the purchaser. A copy
of the dee:l will be filed with the Mministrative
services hlministrator or his designee. Persons
~irq a b.Jrial lot for "pre-~" puxposes
shall not receive a dee:l until the tJJne or actual
b.Jrial.
au-ial permits will be issued by the Mministrative
services Mministrator.
When a b.Jrial takes place, the data relating to the
~c:t:It"1 will be ent.ere::1. into the ''Record of Intennent"
section of the .>qreen-ent for Dee:!. Cross in:lex cards by
'"""=""" names and the certificate rn.mt>er will be
CXlTpleta:l and filed.
Arran;jements for b.Jrials on privately ~ lots will be
made through funeral hares, >otUctl provide the site
prepa ration crew::;.
(e)
(f)
(g)
C. Proceeds fran Sale of lDt.~
1. Sales price of lots shall be as cIetermined by resolutioo or
the Board of Co.mty camrl.ssioners.
2. Full payment for grave spaces shall be made in cash or by
cl1ecl< .
3. Proceeds of sale shall be transmitted to the Finance
Department, and a receipt therefore shall be cbtained ror the
Mministrative services Divisioo's rile.
4. The C1Wl1er of interment rights in any unused lot or group of
unused lots may Il'ake awlicatioo to the Mministrative
services M:ninistrator for a return of the p.rrdlase price ror
such lot or lots, less recordirq fees and any other
detennimble actual cost. Upon receipt of such a request, the
Administrative Services Mministrator shall have the a.nler
execute. a deed certificate for the lot or lots in favor of
Collier O::unty, and give the owners in excl1aTqe thereor a
receipt specifyirq the am:mrt: of refund to be payable upon
acceptance of the dee:l certificate. The Finance Department or
Collier O::unty shall notify the recipient to \ohan the refund
is due that he may appear and receive his refund.
5. The proceeds fran the sale of intennent spaces shall be used
to help defray expenses of developrrent, administration and
maintenance of the Ganlens. All suctl funds received over and
above such expenses may be deposited in a trust fund 00 a
yearly basis. SUCh trust fund, Wen it shall bec:ans la%ge
enc:u:Jh that there is sufficient incane for the puzpose, shall
constitute a perpetual care fund for further developnent and
IIlr3intenarr~ of the Gart1ens.
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f'er.CIlOl27
MAY 1, 1990
D. AR=>ved Dxumentary Forms
The forms listed below are approved for use by the Mministrativa
Services Division in accortlance with this policy.
1. hjreement for Deed and Record of Interment (O:Ilbined Form).
2. Deed Certificate.
3. Authorization for 8.1rial (8.1rial Permit) and Certiticate or
Interment (O:Ilbined Form) .
4. Florida Department or Revenue, Return for Transrers or
Interest in Florida Real. Prq>erty.
5. 1\cknowled;ment of existirq rules and regulations to be
revi~ and exeaJted as to acknowled;ment by the p.m:haser or
a cemetery grave site.
s=rn ErGHI': Grave Markers
A. In order to preserve unifonnity, grave nerkers shall be BI'PX'OY8d and
set by the AdmJ.nist:r.oti va Services AdmJ.nist:r.otor or his deeJ.cJr-.
The AdmJ.nist:r.oti ve Services AdmJ.nist:r.otor shall have the right to
cllan;Je grave site requirements \ohen <leaned f""""><"o,ty.
B. Grave lIlelIDrial shall be set on the allocatsd grave space only. No
toem::lrial may be set to eri:lrace t\.,Q or m::II'e grave spaces unless
awroved in writirq by the AdmJ.nist:r.otive Services Mministrator.
All n>em:>rials shall be set to conform to the General Plan or the
Gardens, a copy of which is attached hereto.
No type of exterior ~ Le. fencirq or de:::orativa aJ:dles
will be allC<o'ed at any time. No !leI<lrial shall be allC<o'ed that will
prc:hibit prqoer lawn ll'aintenance of the cemetery.
C. Only flat brcnze or marble tablets, set flush with the turf, may be
used as grave markers. Any other grave nerkers 1llJSt be a~ by
~he AdmJ.nist:r.otive Services !vlministrato':' prior to the delivery or
the markers to the Gardens.
D. The Mministrati va Services AdmJ.nist:r.otor or his designee shall have
the right to rerove any and all grave nerkers, grave IIle!lImials or
perscnal. prq>erty placed on a grave space that is not in accordance
with this goveming policy.
s=rn NINE:
Maintenance Procedures
A. Grass shall be IlOoo'ElC! and shrul:s and brushes trimred as needed.
B. Grourds shall be policed and trash removed \ohen -=-''"tions beo::IlIs
noticeable.
C. Graves shall be terded and dressed as required; till shall be adXd
to ""intain graJrd level.
D. Seed and fertilizer shall be used as needed to ll'aintain gn:un:ls.
E. Gardens may be maintained (to inc1u:le duties or caretaker). by the
AdmJ.nist:r.otive Services AdmJ.nist:r.otor, or his designee, or by
contract with a private individual, film or organization ir such
awroval is given by the AdmJ.nist:r.otive Services Mministrator.
F. The cost of work done at the Gardens shall be hxXjetsd as a separate
section of the hxXjet.
s=rn 'I'm:
Other l\j:p.1r1:.enar
A. Enclosures or any nature, such as fence, aJ:dles, hed;Je or ditch
around a lot or gra.zp of lots shall be prc:hibitsd. Grave IIlCl.In:Is
shall be prohibitsd. 000(10128
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MAY 1, 1990
B. No trees, plants or shrubs 5ha11 be planted, pruned or rem::M>:1 ex<:ept
by authority or Cbllier Ca.lnty.
s=rn EIEVEN:
Orduct
My activities within the CXl'l!ines or the Gal:dens which are conducted in
disregord of its solemity, including b.rt: not limited to, ~, huntin;r,
picnicldrq, or the depasitioo or trash or litter therea1, are strictly
prcbibited, and offenders shall not be permitted 00 the premises, and may be
subject to prosecutioo.
s=rn 'lWElNE:
Reservatioo or Authority
'!his !blioy 5ha1l be amemed or rescirrled only by the authority or the
BoanI or Ca.lnty O:trmissiooers.
s=rn 'lHIR1'EEll: Effective Oate
'!his !bl~ and odcpted by the BoanI ,r Ca.lnty O:trmissl.ooers this
. /.sr day or , 1990.
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B:lARlJ OF CXlJN'l'Y a:MoIISSIc::m:PS
co~ FImIrA #
BY: . &.?i~.
A(:prtMod as to form and
legal sutriciency:
-b:!~
Assistant COUnty Attorney
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G0'1(10129
MAY 1, 1990
00I\Rl) OF CXXJNI"{ a:MlISSICNERS
POLICY
Il\KE 'rnAFl't:(<O MEM:mAL GAAI:1'l<S
All p.ttdlasers of grave sites located within the Lake Trafford Mettorial Gardens
are subject to the follCMing Rules and RegulaticrlS prescribed ror the
protectim of owners' intennent rights therein and for the administratim,
maintenance and deve1cpnent or the lake Trafford Gardens.
1. an-ials in above grourd vaults shall be prchibited.
2. Grave markers:
a. Grave narkers shall be awroved and set by the Administrative
Services Administrator, or his designee.
b. Grave mem:>rial II1lSt be set m the allocated grave space a'Ily. No
mem:>rial may be set to emrace two or more grave spaces unless
awroved in writirq by the Administrative Services Administrator.
c. No type of exterior awn:tenance, Le. fencirq or decorative
arches, will be allowed at any time. No llleIlDrial shall be allowed
that will prchibit prcper lawn maintenance of the cemateIy.
d. only flat brmze or marble Ulblets, set flush with the turf, may
be used as grave markers. llrrf other grave narkers II1lSt be
awroved by the Administrative Services l\dministrator, prior to
the delivery of the markers to the ceretery.
e. 'ttle l\dministra1".ive 5ervice5 Administrator, or his designee shall
have the righ to rarove any an:! all grave narkers, grave
mem:>rials or persmal property placed m a grave space that is not
in accordance with this governing policy.
f. En::losures of any nature, suc:h as a fen::e, hedge or di t:d1 art:ul:1 a
lot or gr<>Jp of lots shall be prdrlbited. Grave moun:ls are
prdrlbi ted.
3. No trees, plants or shrubs shall be planted, pruned or remave:l except
by authority of O::>llier Ca.Inty.
'!his ~licy revi"""'" and ackn:..:led;Jed by
this _ day of
, 19
liI'INESS
RJRCHI\SER
liI'INESS
RJRCHI\SER
O(l(lCI0130
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