City of Jacksonville Cemeteries Board met July 15.
Here are the minutes provided by the board:
The regular monthly meeting of the Jacksonville City Cemeteries Board was called to order at 8:32 a.m. in the Commission Room of the Jacksonville Municipal Building. The meeting was publicly announced by posting and by written notice to the local newspaper and radio stations.
ROLL CALL: Members present were: Chairman Linda Brown, Tom Newby, Gerald Scott, Vicky Scott; Treasurer Mary Fergurson; Deputy City Clerk Angela Salyer; Superintendent Doug Moore. Also present was City Attorney Dan Beard. Absent from the meeting was City Clerk Skip Bradshaw. A quorum was declared.
OLD BUSINESS: The agenda was amended to move a portion of the Old Business to the beginning of the meeting to allow for discussion by City Attorney Dan Beard regarding the reclaiming of unused, previously sold burial lots for resale. There has been a request from an individual looking to purchase previously sold but unused plots near his family plot at Diamond Grove Cemetery. There is a state statute that allows the City to declare lots as abandoned. The process is time consuming in the sense that the City would identify the various lots, file a complaint with the court listing those lots, and publish in the newspaper the owners names on those lots for three weeks. Assuming there is no objection and no evidence provided that there has been any contact at all with anyone within the past 50 years, then the court can enter an order that those lots can be sold. Once an order is entered, there is a one year waiting period to allow family members to come forward. If it is deemed appropriate to offer those lots for sale once the proper procedure has been followed, the lots will be auctioned at the courthouse and sold to the highest bidder at that point. This procedure will incur some expense. Requiring an individual to pay up front for those costs is an option, or the proceeds from the sale could be used to offset those costs. Supt. Moore provided a schematic that encompasses the empty lots near the requestors family plot and general discussion ensued.
It would be extremely difficult to identify all unused lots in the cemetery. While state statute does allow this, it is in direct opposition to language in the City’s deed regarding the transfer of lots. CA Beard suggested that the Board strongly consider the ramifications of taking on this task, and noted that the City is not obliged to do this for anyone regardless of past practice. Should the Board consider this request, CA Beard suggested first allowing the requestor to present his case before the Board for their consideration. A process is already in place whereby a lot can be sold from individual to individual, without City intervention.
Mr. Newby asked if the newspaper publication can be done through any source even if the newspaper is not local. CA Beard stated that typically the publication needs to be made either within the city or county where the event is taking place. He noted that legal publications of this sort can be made in The Source.
Chair Brown was under the impression that the number of years a lot remains unused and could then be resold was 100 years. CA Beard will look into that matter for clarification and report back. Chair Brown is against going to this extent for an individual because of the repercussions, and because the City just purchased additional space because extra lots are needed.
V. Scott asked if an interested party has to produce the deed, or prove their lineage. CA Beard advised that they would need to prove their lineage.
CA Beard will provide sample documents and related information for the petition for abandonment. He advised that should the Board decide to move forward with the selling of abandoned lots, they should formulate a policy of the requirements and criteria that would be considered for future applications. Additionally, he suggested setting a minimum bid amount at the cost of a current lot.
AGENDA: Motion was made by Newby, seconded by V. Scott, to approve the July 15, 2022 Agenda as presented in advance. By voice vote, motion carried.
MINUTES: Chair Brown asked to amend the minutes with the following:
♦ Page 1 under Cash Receipts Report – add “45%” to “lot sales revenue”
♦ Page 2 under the Superintendent’s Report, last paragraph – correct the spelling of “chords” to “cords”
♦ Page 2 under Old Business – add “which have been unused for 50 years.” to the end of the last paragraph.
Motion was made by Newby, seconded by G. Scott, to approve the June 17, 2022 Minutes as amended. By voice vote, motion carried.
FINANCE:
a.) Treasurer’s Investment Report – June 2022:
It is currently anticipated that interest rates are going to increase a full percentage point at the end of July, affecting only brokered Certificate of Deposit investments. However there are some concerns that the economy could tip into a recession. Treas. Fergurson suggested investing $30,000 from the main Money Market Cemetery Brokerage account, and $70,000 from the Trust Money Market account into a one-year security that could potentially earn up to 3% in interest through 2023, then revisit for additional investment through 2025, potentially earning up to 4% in interest. One security is maturing in September, and another in January. There is a balance of approximately $52,000 cash in the Land and Buildings Fund that Treas. Fergurson will need direction on how to invest. Mr. Scott asked if the Board could close an investment security that is earning very little interest for reinvestment. Treas. Fergurson would advise against that because of how much money would be lost during the transaction. Motion was then made by Newby, seconded by V. Scott, to give Treas. Ferguson permission to invest $30,000 from the main Money Market Brokerage Account and $70,000 from the Trust Fund into two short-term investment securities. By voice vote, motion carried.
Motion was made by Newby, seconded by G. Scott, to accept the Treasurer’s Investment Report. By voice vote, motion carried.
b.) Cash Receipts Report – June 2022:
Chair Brown gave a brief overview of the June Cash Receipts Report noting that the operating fund cash balance is $177,850.91 as opposed to a balance of $121,698.53 at this same time last year. The current Year to Date revenue balance is $236,127.32 (40.37% available) and the Year to Date expenditure balance is $161,093.42 (63.13% available) at the end of June. At this time there are no funeral homes in arrears.
c.) Cash Receipts Report and Claims Approval – June 2022:
Motion was made by V. Scott, seconded by Newby, to approve the Cash Receipts Reports and to pay claims when funds are available. By voice vote, motion carried.
SUPERINTENDENT’S REPORT: Supt. Moore reported on the following:
✠ Lawn care maintenance continues
✠ Still balancing employee matters. One employee is still out on Workman’s Comp and his status is undetermined at this point, but Supt. Moore is moving personnel around in order to accomplish as much as possible
✠ Supt. Moore has been talking with Street Dept. Supt. Ballenger and engineer Doug Pagel about the road conditions at Diamond Grove Cemetery. Supt. Ballenger ran the street sweeper over the roads, which made a slight improvement but also exposed some of the more problematic areas. The Street Dept. has been filling potholes and patching some of those spots. Supt. Moore hopes to have the roads oil and chipped by the end of July
✠ Still waiting for fill dirt for the new development at Diamond Grove Cemetery
✠ The first niche in the south columbarium at East Cemetery has been sold
Brief discussion ensued regarding the employee who is out on Workman’s Comp. PUBLIC COMMENT: No discussion.
OLD BUSINESS:
1. Discuss Cemetery Rule Book. Chair Brown has revised the rule book and disseminated copies to the Board for their review and discussion at the next meeting.
Discussion ensued regarding the sale of previously sold but unused burial plots. Chair Brown agrees with CA Beard that the Board should establish a policy for such requests, but she is not in favor of granting this particular request, or any requests from one individual, without such documentation or rules and guidelines. Chair Brown is also fearful that any advertisement of the sale of unused plots will cause unnecessary alarm making owners fear that their place in the cemetery is not so secure. She does not feel that causing undue stress on others is worth it to make one person happy. Supt. Moore supports the idea of establishing a policy for future requests.
NEW BUSINESS:
Motion was made by G. Scott, seconded by Newby, to cancel the August 19, 2022 meeting of the Jacksonville City Cemeteries Board of Managers. By voice vote, motion carried.
ADJOURNMENT: Hearing no further business, a motion was made Newby, seconded by V. Scott, to adjourn the meeting at 9:52 a.m. By voice vote, motion carried. The next regularly scheduled meeting of the Jacksonville City Cemeteries Board will be held Friday, September 16, 2022, 8:30 a.m. in the Commission Room at the City of Jacksonville Municipal Building.
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