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Resolution 2009-253 RESOLUTION NO. 253 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 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FLORIDA, that all previous rules and regulations for Lake Trafford Memorial Gardens be and hereby are revoked and rescinded, and that the attached Policy, a copy of which shall be set forth in the Minutes of the Board of County Commissioners for this day, be and hereby are declared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 ;l. 'l-fA day of 02To~ , 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHTR'MRCK, CLERK COLLIER ~TY' FLORIDA _ ,,' " t 3<l, ,':\ ",..,'. ...J '(1, ,,' ~~ ,,' . ", .~.:.- " "" t: ','ll ;' !;'-".._.' , ',' ,(}C' By: ~ d~ , DONNA FIALA, CHAIRMAN " right t County Attorney I 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 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.) 1 I 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: 2 (I) 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%) ofthe 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 inurnment 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, ifnot claimed by a legally authorized person, will be disposed of by the funeral home in compliance with Florida Statute 497.607 (2). (2) INDIGENT CREMA nON 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 (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 inumment 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 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(l) 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 often (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 5 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: (I) 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. 6 C. Proceeds from Sale of Lots (1) Sales price oflots 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 i the owners in exchange thereof a receipt specifying the amount of refund to be I 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 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. 8 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 cJ. . This pol~is approved and adopted by the Board of County Commissioners this 111+ day of 'I O~ 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER CO~' FLORIDA _ BY: ~ d~ Donna Fiala, Chairman 9