Agenda 10/27/2009 Item #16E 4Agenda Item No. 16E4
October 27, 2009
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
adding a Cremation Policy for unclaimed and indigent deceased in Collier
County.
OBJECTIVE: That the Board of County Commissioners (Board) approves the
attached Resolution approving an unclaimed and indigent cremation policy.
CONSIDERATION: On May 26, 2009, the Board approved Agenda Item 16E10
directing Housing and Human Services and Real Property Management staff to
prepare a Cremation Policy Resolution 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 or indigent deceased. There are two funeral homes in
Collier County under contract for professional services on a rotating basis. Annual
funeral costs for indigent burials paid for by Collier County Housing and Human
Services and Real Property Management are shown on the chart below, and current
costs for burial and cremation are shown in the attached Exhibit "A". The County
currently offers both burial and cremation options for unclaimed and indigent
deceased. This policy provides for cremation only by the County. Where a legally
authorized representative of an indigent deceased selects burial, the County will pay
such representative an in-kind allowance toward burial costs which is equal to
cremation costs (currently $650). Burial and cremain interments are conducted at
the County owned cemetery at Lake Trafford Memorial Gardens Cemetery, in
Immokalee.
The chart below reflects the fiscal impact on the County (using FY2008-2009 data) if
the proposed change is adopted.
Cost by County
Department
Cost for Burials 8-
09
Costs if all Burials
in FY08-09 were
Cremations
Fiscal Impact
(savings)
Real Property Management
$16,895
0
$16,895
Housing and Human Services
$54,250
$20,150
1 $34,100
Total Cost
$71,145
$20,150
1 $50,
Consistent with Florida Statute Section 406.53(3), for purposes of the attached
Resolution, the term "indigent" shall be 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 is either unidentified, or
111. 1-11-11.
Agenda Item No. 16E4
October 27, 2009
Page 2 of 15
EXECUTIVE SUMMARY
Recommendation to Approve a Resolution for a Cremation Policy
Page 2
is 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 a policy to offer cremation only for unclaimed and
indigent deceased in Collier County. Under this new policy, burial will only be
utilized for unidentified indigents as mandated by Court order or by Florida Statutes.
Cremation is considered to be a dignified and viable cost effective alternative for the
interment of human remains. Please note that the lifespan of the cemetery will also
be extended by using the proposed policy.
The attached Resolution has been reviewed and approved by the Housing and
Human Services Department, Real Property Management Department, and the
County Attorney's Office.
LEGAL CONSIDERATIONS: The attached Resolution has been reviewed and is
legally sufficient for Board action. - JW
FISCAL IMPACT: A savings to the General Fund will result from a Cremation policy
and reduce future impact on Housing and Human Services' and Real Property
Management's budgets.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the
updated Policy for Operation of Lake Trafford Memorial Gardens, and authorizes the
Chairman to execute the attached Resolution.
PREPARED BY: Gary Bigelow, Property Acquisition Specialist
Real Property Management/Department of Facilities
Management
V
Agenda Item No. 16E4
October 27, 2009
Page 3 of 15
EXHIBIT "A"
INDIGENT BURIAL /CREMATION SCHEDULE
The current cost per indigent burial /cremation is as follows:
Adult Burial (Current Combined Cost to HHS & Real Property) $ 2,295.00
Adult Cremation (and Proposed Burial Allowance) $ 650.00
Total Savings (Current Cost minus Cremation /Proposed Burial Allowance) $ 1,645.00
Infant Burial (Current Combined Cost to HHS & Real Property) $ 1,310.00
Infant Cremation (and Proposed Burial Allowance) $ 195.00
Total Savings (Current Cost minus Cremation /Proposed Burial Allowance) $ 1,115.00
Page 1 of 1
Agenda Item No. 16E4
October 27, 2009
Page 4 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16E4
Item Summary: Recommendation to approve a Resolution revising the Board of County Commissioners
Policy for Operation of Lake Trafford Memorial Gardens, by adding a Cremation Policy for
unclaimed and indigent deceased in Collier County.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Gary Bigelow
Property Acquisition Specialist
Date
Administrative Services
Facilities Management
10/19/2009 10:22:11 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
1011912009 12:52 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
10/19/2009 12:52 PM
Approved By
Maria Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/2012009 8:56 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/20/2009 9:22 AM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
10/20/2009 9:51 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/20/2009 11:35 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/20/2009 1:12 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
10/20/2009 3:24 PM
fi1e://CAAgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16E. ADMI... 10/21/2009
Agenda Item No. 16E4
October 27, 2009
Page 5 of 15
RESOLUTION NO.
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 overning 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 1, 1990 by
Resolution 90 -242, the Board of County Commissioners adopted revised Policies for the
operation of the Cemetery; and
WHEREAS, the need 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 Trafford Memorial Gardens, and to include within the Policy 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 Gardens be and hereby are revoked and rescinded, and
that the attached 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 this the
day of , 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form and
legal iciency:
Jef E. right
Ass t County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IN
DONNA FIALA, CHAIRMAN
Agenda Item No. 16E4
October 27, 2009
Page 6 of 15
BOARD OF COUNTY COMMISSIONERS
POLICY
OPERATION OF LAKE TRAFFORD MEMORIAL GARDENS
SECTION ONE: Purpose
On July 27 f982, 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 regarding the establishment of a cremation only
policy for unclaimed and indigent deceased, 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, maintenance 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, cremation of unclaimed indigent persons, maintenance, monitoring of burial and
cremation 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.)
Agenda Item No. 16E4
October 27, 2009
Page 7 of 15
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 Property Management 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:
(1) Burial in the Adult Section of the Gardens shall require, 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.
(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 be 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 designee no less than
twenty -four (24) hours before the announced time of the funeral.
SECTION FIVE: Indigent Cremation and Burial
A. ELIGIBILITY:
Any person who expires within the confines of Collier County, whether resident or non-
resident, is potentially eligible for cremation or burial. Collier County shall employ the method
of cremation for any unclaimed indigent deceased.
B. DEFINITIONS:
OA
Agenda Item No. 16E4
October 27, 2009
Page 8 of 15
(1) Unclaimed. A body is considered unclaimed when:
(a) The body is unidentified.
(b) The body has been identified but no legally authorized person (as defined in
FS 406.50) can be found to participate in the final disposition of the body.
(c) One or more legally authorized persons, having been contacted, will either not
claim the body for burial, or will not authorize cremation.
(2) Indigent. A deceased is considered indigent when, at the time of death, he or she
meets one hundred percent (100 %) of the federal poverty level recognized by the Federal
Income Guidelines produced by the United States Department of Health and Human
Services.
C. POLICY:
The policy for disposing of bodies at Collier County's expense will be:
(1) UNCLAIMED:
(a) Veteran. Collier County will provide burial or inurement at a national
cemetery for an eligible veteran in accordance with Florida Statute 406.50, 406.51 and
C.F.R. 38.
(b) If suitable, Collier County will transfer the body to the Anatomical Board or
research facility as designated in Florida Statute 406.50.
(c) If the body is ineligible for either of the above, and the Medical Examiner's
office has not requested otherwise, the Collier County Director of Housing and Human
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 Statute 497.607 (2).
(2) INDIGENT CREMATION AND BURIAL:
(a) The Administrative Services Division Administrator or designee shall
assign burial spaces for those persons based on the policy guidelines set forth in
Section C. Those spaces will be made available at the request of the Collier County
Housing and Human Services Director or designee. The selection of such spaces by
the County shall be final.
3
Agenda Item No. 16E4
October 27, 2009
Page 9 of 15
(b) The Administrative Services Division Administrator or designee shall be
responsible 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 made
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 Real
Property Management. No Deed Certificate shall be made out with respect to the
burial of an indigent person.
(d) Veteran. A legally authorized person may request burial or inurnment at a
national cemetery for an eligible veteran in accordance with Florida Statute 406.50 and
C.F.R. 38. Collier County will not provide burial or inurnment locally if eligible for a
national cemetery.
(e) A legally authorized person may request transfer to the Anatomical Board or
research facility as designated in Florida Statute 406.50.
(f) A legally authorized person may authorize direct (no viewing, no service)
cremation through the County's contracted funeral home(s), and may receive the
cremated remains in accordance with Florida Statute.
(g) A legally authorized person may claim the body for burial Collier County
will pay only the current contracted amount for cremation toward a direct (no viewing, no
service) burial with the contracted funeral home(s). No payments will be made to any
party other than the County contracted funeral home(s).
(h) Collier County will not provide a funeral service or financial assistance
toward a funeral service. Upgrades to the County's arrangements with the contracted
funeral home(s) are not permitted.
(i) A legally authorized person or next of kin may claim the remains through
Collier County's contracted funeral home(s), within one hundred - twenty (120) days and,
if not claimed by a legally authorized person or next of kin, the remains will be disposed
of by the funeral home in compliance with Florida Statute 497.607 (2).
D. PROCEDURES:
The Collier County Department of Housing and Human Services (HHS) will be
responsible for the implementation of the Indigent Cremation and Burial Program.
Procedures detailing the implementation of the program are the responsibility of the HHS
Department.
(1) Collier County will make all reasonable efforts to gather pertinent information,
including name, date of birth, Social Security number, date of death, cause of death, next
4
Agenda Item No. 16E4
October 27, 2009
Page 10 of 15
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 C(1) and C(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 viewing and graveside services will not be permitted at County expense.
(3) If identification of a body has not been established, cremation shall be delayed a
minimum of ten (10) days from the official date of death. If identification of the body
has been established and the next of kin has not been found, the body will held for ten
(10) days from the official date of death and until reasonable efforts to locate next of kin
have been exhausted.
(4) Burial of Indigent persons will be authorized and performed once next of kin has
provided payment to Collier County for the difference of the current cremation fee
schedule and the fee schedule for burial services. Collier County Housing and Human
Services Department or his/her designee will be responsible for authorizing Indigent
Cremation and Burial service.
(a) Collier County Housing and Human Services shall coordinate with Real
Property Management all interment services at Lake Trafford Memorial Gardens
Cemetery required for either the Cremation or Burial of Unclaimed or Indigent deceased.
Furthermore, Real Property Management shall confirm burial /disposition arrangements
with the contracted funeral home, and /or associated vendors.
(5) After disposition of the Unclaimed and Indigent deceased, an itemized statement
requesting payment shall be presented to Collier County Housing and Human Services
Department by the funeral home providing the service. Collier County shall provide
payment to the contracted funeral home according to the rates in effect at the time
services were rendered, and included herein, and may be amended from time to time by
Resolution of the Board of County Commissioners.
SECTION SIX: 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 Veteran Section will be in accordance to the Maintenance
Procedures further explained in Section Nine.
SECTION SEVEN: Sale of Lots
Agenda Item No. 16E4
October 27, 2009
Page 11 of 15
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 immediate 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 other 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. These 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:
(1) Take calls from prospective purchasers.
(2) Execute Request for Deed 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 Property Management's Lake Trafford
Cemetery 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 execution by the
Chairman. Upon execution, the Deed Certificate will be delivered to
the Clerk of the Courts for recording. 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 Property
Management in the Lake Trafford Cemetery files.
(c) When a burial takes place, the 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.
Agenda Item No. 16E4
October 27, 2009
Page 12 of 15
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 Property Management's 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 receipt of such a request, the
Administrative Services 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 the amount of refund to be
payable upon acceptance of the quit claim deed. Real Property Management 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.
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 Rules & Regulations
on reverse side.
(2) Deed Certificate.
(3) Florida Department of Revenue, Return for Transfers of Interest in Florida
Real Property.
SECTION EIGHT: Grave Markers
7
Agenda Item No. 16E4
October 27, 2009
Page 13 of 15
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.
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.
C. Graves shall be tended and dressed as required; fill shall be added to maintain ground
level.
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 Administrative Services Division
Administrator gives such approval.
F. The cost of work done at the Gardens shall be 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.
LV
Agenda Item No. 16E4
October 27, 2009
Page 14 of 15
SECTION ELEVEN: 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 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
This Policy is approved and adopted by the Board of County Commissioners this
day of 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
r
Jeff Wright
Assis t County Attorney
9
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M.
Donna Fiala, Chairman
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