Oakland Cemetery Commission

K L A A N D Oakland Cemetery Commission Meeting Agenda Tuesday, July 10, at 4:00 p.m. in the Council Chambers Conference Room, 2nd Floor, 203 South Commerce, Russellville, AR 72801 Welcome Old Business: 1. Review and approve minutes of the June 12, 2012 Regular Meeting. 2. Financial Report – Finance Director Jerry McKaughan 3. Discuss the project list. New Business 1. Discuss the Letter received from the Arkansas Securities Department in reference to Perpetually Maintained Cemeteries. 2. Prepare items for handoff to City Council for the July 19, 2012 meeting. Adjourn. Next Meeting – Tuesday, August 7, 2012 at 4:00 p.m. at Russellville City Hall, 203 South Commerce.  Cemetery Commission Minutes July 10, 2012 The Russellville Oakland Cemetery Commission met on July 10, 2012, at 4:00 p.m., in the City Hall 2nd-Floor Conference Room at 203 South Commerce, Russellville, Arkansas. Attending were Chairman Mike Roys, Vice-Chair Garland Steuber, Commissioner Bill Vaughn, Commissioner Paul Northcut, Commissioner Patricia Petray, Director Lequitta Jones, and Finance Director Jerry McKaughan. Absent: Secretary Donna Eubanks, Commissioner Bill Harmon, and Commissioner Anna Fields. The meeting was called to order by Chairman Mike Roys at 4:00 p.m. Old Business: The First Order of Business was to review and approve minutes of the June 12, 2012 Regular Meeting. Commissioner Vaughn made the motion to approve the minutes as written. The motion was seconded by Commissioner Northcut and passed unanimously. The Second Order of Business was the Financial Report – Finance Director Jerry McKaughan Finance Director Jerry McKaughan reported that the Revenues and Expenditures were in order with the exception that several invoices were placed in contract labor and should have been placed in grounds maintenance. Mr. McKaughan said he was going to make those transfers. They are as follows: Overturned Headstones $542.50 and Removed Old Flower $488.25) (See attached list). Mr. Vaughn asked if Merrill Lynch Advisor Holbert was ever going to come back up again. Mr. Vaughn stated he was supposed to come back and given us a comparison of securities before the money was invested. Director Jones stated that the money had been invested without that comparison. Mr. McKaughan went over the Merrill Lynch Account stated everything looked good. (See attached) Commissioner Vaughn moved to approve as reported. The motion was seconded by Alderman Steuber and passed unanimously. The Third Order of Business to discuss the project list. Alderman Steuber referred to Improvement Plan for the 2.11 acres, should the site need fill dirt we should approach the Public Works Department with a plan for fill dirt. All the Commissioners were in agreement with Alderman Steuber recommendation- that we needed to get a plan in place. However, Mr. Roys stated that until we get the license with the State resolved we will not know what our plan will be. New Business The First Order of Business was to discuss the letter received from the Arkansas Securities Department in reference to perpetually maintained cemeteries. After reviewing the letter from the Arkansas Securities Department addressed to Chairman Mike Roys, Chairman Roys announced a meeting had been set for Monday, July 16, 2012, with Karyn Tierney, Staff Attorney, of the Arkansas Securities Department to discuss the possible resolution to the issue of the City of Russellville not having a state license to operate the Russellville Oakland Cemetery due to it being a perpetually care cemetery. (See attached Letter.) Mr. McKaughan reported that Mayor Eaton and he had met and discussed the problem with the state license, referring to the letter. Further stated by placing the Trust Account funds into the General Fund and using those funds until the funds were gone would take approximately three years, and that should clear up this issue with the State. And after the three (3) years, the City would begin funding the maintenance again. Alderman Steuber asked Mr. McKaughan if he had gotten an opinion from City Attorney Smith. Mr. McKaughan said he met with Mr. Smith and he said that we could transfer the money into General Fund. Mr. McKaughan said that’s what he was going to propose to do in the meeting with Attorney Karyn Tierney- “And that would resolve the problem”. Director Jones said she did not think that a Perpetual Care Trust Fund could be handled in that manner. That is money that is collected from property owners at the time they purchased the lots. That Trust should ensure those property owners should their monuments be broken or an emergency should occur it would be fixed. Further stated, in my opinion, those funds should not be used for normal maintenance of the Oakland Cemetery. Mr. Steuber recommended to the Commission, and all in attendance that we listen to what Mrs. Tierney has to say then get an opinion from Attorney Mark Hayes with Arkansas Municipal League. The Commission agreed that was what we would do. The Second Order of Business to prepare items for handoff to City Council for the July 19, 2012 meeting. - None Commission Vaughn made a motion to adjourn. The motion was seconded by Commissioner Northcut and passed unanimously. Lequitta A Jones Director