Oakland Cemetery Commission

K L A A N D Oakland Cemetery Commission Meeting Agenda Tuesday, December 17, 2013 at 5:30 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 November 19, 2013 Cemetery Regular Meeting. 2. Financial Report – Finance Director Jerry McKaughan 3. Update: Discuss Albert’s Curb Service Proposal for tree service at the Oakland Cemetery. 4. Update: On the request from Claude Allen Hughes Family to disinter and reinter Claude Hughes, Jr. and wife Mary Hughes. (See attached Letter) Jones New Business 1. Commissioners submit nominee(s) to fill the vacancy left by Mr. Hlass. 2. Discuss items not on the agenda. 3. Prepare items for handoff to City Council for its January 16, 2013 Meeting. Adjourn.  Russellville Oakland Cemetery Commission Minutes December 17, 2013 The Russellville Oakland Cemetery Commission met on Tuesday, December 17, 2013 at 5:30 p.m., in the City Hall 2nd-Floor Conference Room at 203 South Commerce, Russellville, Arkansas. Attending were Chairman John Harris, Secretary Donna Eubanks, Commissioner Anna Fields, Commissioner Mindy Hudson, Director Lequitta A Jones, Finance Director Jerry McKaughan, Alderman Steuber, City Planner David Harris, City Attorney Trey Smith, Walter Hudson, and Whitney Snipes. Absent: Alderman Richard Harris and Commissioner Patricia Petray. The meeting was called to order by Chairman John Harris at 5:30 p.m. Old Business: The First Order of Business was to review and approve minutes of the November 19, 2013 Cemetery Regular Meeting. Commissioner Fields made the motion to approve the minutes as corrected. The motion was seconded by Commissioner Hudson and passed unanimously. The Second Order of Business was the Financial Report – Finance Director Jerry McKaughan. Mr. McKaughan gave the financial reports to include the balance sheet and statement of revenue and expenditures and stated both were in order. Mr. McKaughan said the balance of the Charles SCHWAB Account as of November 30, 2013 was $118,879 up $699 for the month, plus the $80,000. Commissioner Hudson made the motion to approve as submitted. The motion was seconded by Commissioner Fields and passed unanimously. The Third Order of Business was an update to discuss Albert’s Curb Service Proposal for tree service at the Oakland Cemetery. Chairman Harris said he has called Mr. Carpenter and have not heard from him. Chairman Harris stated he didn’t have anything to discuss here. Mr. Harris stated we had requested that he turn in a bid, which he said he would do. I know he contacted Mr. Gibby because I called Mr. Gibby, the arborist, and he said yes they had come out since the last meeting to the cemetery and spent some time talking about the two trees (the oak tree and the magnolia tree). They talked about what they would have to do to meet those four specs that we have on the weight reduction and trimming up, etc…. Chairman Harris said they have met and discussed that. At the last meeting, if Mr. Carpenter gets the quote back, I think I said a couple of weeks and this is only four. Chairman Harris said I don’t have any other information on this subject. Alderman Steuber asked what are we asking Mr. Carpenter to do give a different price? Chairman Harris said since we had made motions to not remove the trees and his original quote was to remove the trees and now we are just going to trim them. We asked him to give us a 1 quote to trim the trees per the outline that we laid out and also working with Mr. Gibby, the arborist, as a consultant. Mr. Gibby is $35.00 an hour and haven’t heard anything from Mr. Carpenter. Commissioner Hudson said we also have that quote from Mr. Gibby for doing it by himself, right? Chairman Harris said yes. Commissioner Hudson said so what do we do wait for Mr. Carpenter another month? Secretary Eubanks said I think we are going to be open for a lawsuit if we don’t work with Mr. Carpenter, because he has a contact. Commissioner Hudson said he had a work order. Secretary Eubanks said yes he had a work order. We have gone over this 400 times (exaggeration), and I don’t want to be sued. Mr. Hudson said she didn’t want to be sued either, but I guess that is a question for City Attorney Smith. Alderman Steuber said a lot of this is about doing the right thing. We hired Mr. Carpenter in a fair manner. We had a job for him to do and he agreed to do that job for a certain amount of money and all of a sudden we don’t want to do this anymore. Alderman Steuber asked how much does Mr. Carpenter have left on his contact? Chairman Harris said we paid him $5600 which I believe was half of the contact. Chairman Harris said the contact was $11,200. Director Jones said the contact was for 11,200 and Finance Director McKaughan paid $5600 leaving a balance of $5600. Chairman Harris addressed Alderman Steuber saying I don’t have an opinion on what you just said, but let me point out that in Mr. Carpenter’s proposal on November 11, 2012 he quoted $11,200 based upon 4 trees. There was a map and those trees were marked names as a reference point. The tree and the half –one that he cut (Bailey tree) he bid that at $1200, which he totally cut down. The Hartman tree (1/2-tree) he bid at $3,000, he cut roughly half the tree down, cleaned it up etc.. So if you add the $1200 that he bid on the Bailey tree and $1500 for the Hartman tree that is $2700 and we paid him $5600. Chairman Harris said Lequitta approved the bill and I’m sure it came through here. I wasn’t on the Commission then, but we paid him basically twice what his contact spelled out he would be paid for on those trees, now the total is $11,200. Then in the June 11, 2013 on Mr. Carpenter’s stationary and his handwriting he said, Albert’s Curbside Tree Service is owed $5600 for the work that has been done upon the mayor’s request that we stop working in the cemetery. As soon as a decision is made we (Albert Curbside Tree Service) will return and complete as bid or will submit new proposal. For doing what is right, and I’m 100% for doing what is right, but I expect Mr. Carpenter to uphold his side of the bargain too. By his own estimates he has been paid double for the amount of work he did throw in a few hundred dollars for clean up. Chairman Harris said that is all I have to say. City Attorney Trey Smith said he had not seen what you (Chairman Harris) just quoted and asked if there were any other documents. Director Jones gave City Attorney Smith the Proof of Insurance and a Letter to Proceed. City Attorney reviewed all the correspondence. Alderman Steuber said since he had all of his equipment out there and he was working on that tree prepared to cut it down and since he was stopped at half do you think it is fair to pay him half of what he quoted to cut that tree. Chairman Harris said I am just stating the present condition of things, it probably wouldn’t be fair just to pay him $3000, but that is a long shot for $5600. City Attorney Trey Smith said one other thing I want to ask since everybody is here. I heard that when he was paid the $5600 and told about the change in the City Policy that he was okay with that and now he is not okay with that. Mr. Smith asked does anybody remember that as being such that he got paid he realized that the trees didn’t need to be removed and was happy with his payment for what he had done. Secretary Eubanks said no he was stopped. He was okay with what he was paid until we had another meeting, and we were going to decide what we were going to do. 2 Chairman Harris said he voluntarily came to my office to discuss the trees and made the statement that he was satisfied with what he had been paid. Secretary Eubanks said what he had done so far. Secretary Eubanks said he was still expecting us to have another meeting and come back and him finish, and he has made it very clear in these minutes. Mr. Harris said those minutes were at the last meeting a whole lot of time and conversation might have transpired since then. Chairman Harris said is this in his writing that he “will submit a new proposal” is that just to be totally ignored. Chairman Harris said I take this to mean that he recognizes that the scale of the job is different and he would resubmit a bid, but I may be mistaken. Alderman Steuber made a motion that at this point and time we ask Mr. Carpenter to resubmit a bid on trimming those trees on his own and forget the arborist. Chairman Harris said we already have a motion that was passed… Alderman Steuber said we had a motion to cut them down too. Secretary Eubanks said yes and gone through the City Council and approved and appropriated. City Attorney Smith said what you have done you have got an Award for four trees for $11,200. I think he broke it down for you. He itemized it, but the City changed his policy after this Award was made. I think that maybe if he is willing to modify based upon the City’s change the City should work with him. However, it is by that token it is a doable performance contact. He is supposed to perform services to the City and we are supposed to pay him. However, he has not done that at our request. So again, giving him money just because he rested this thing, I think he realizes that by saying “give me a bid and I will be happy to do the work”. So he realizes he can’t get paid the remainder of money for nothing. Alderman Steuber said that is what I said. I made a motion that we ask him to resubmit a bid to trim the trees on his own. City Attorney Smith said I was trying to say it a different way through the legal process and that you are correct that you need to be able to work with him; we can’t just give him the remainder of the money. Alderman Steuber said I am not suggesting giving, at this point, I’m not suggesting that. I’m suggesting that we ask him to resubmit a bid based on what we want done between the City and him alone. City Attorney Trey Smith said that has solid legal grounds on what you are basing on what I said. Mr. Smith said I am not trying to oppose your view, I’m just saying that would fit based on what I can see with what I just looked at just now. Alderman Steuber said when you get out here working and somebody bids on a project you don’t start negotiation with someone else to do something else with that project- you negotiate with the person you got hired that has got the job. City Attorney Smith said I understand and the person that gave him the job switched the job on him and now there was some dispute as to whether Mr. Carpenter was happy and was going to walk away or not. It sounds like today you all are telling me he still wants to do some work and it looks like possibly with this that’s possible. He is also open to renegotiation of what his new work job will be. Now, how ya’ll want to go or whether you want him to go ahead and finish the job either way will work. Commissioner Hudson it won’t work for us to go to the arborist since it is a new job? City Attorney Smith said if you can get the arborist and Mr. Carpenter to agree to work together and fulfill the contact to his satisfaction that would work too. If you can make that happen, I don’t know that you can. Commissioner Hudson said you just can’t have the arborist? If you just leave Mr. Carpenter out completely then there is going to be some problems there. City Attorney Smith said I’m just saying if the arborist tell him which limbs to trim and leaves it up to him to actually do the trimming that would be wonderful, but I don’t know if that is possible 3 or not. Commissioner Hudson said we have already checked and that is possible as far as those two go. Chairman Harris said it was explained to me that the arborist and Mr. Carpenter, the arborist would suggest that this branch right here needs to be cut at this joint or intersection and Mr. Carpenter would cut it at that. Secretary Eubanks said and I think Mr. Carpenter knows how to that without the arborist telling him. Commissioner Fields said that is what I was thinking Mr. Carpenter has been in business a long time. Secretary Eubanks said that is what I thought all along. City Attorney Trey Smith asked if we had a contact with the arborist though. The Commission said no. City Attorney Smith said you could always tell the arborist that you don’t need him anymore. Chairman Harris said we are not obligated; he has been down here like three times. Again, Chairman Harris said we are not obligated to the arborist. Commissioner Hudson said so are we obligated no matter what the proposal is that Mr. Carpenter comes back with, whatever his new bid is, is that what you are telling me. City Attorney Smith said I think you are stuck with him because you did have an original contract. You have to fulfill it someway. The perimeter has changed because you want to trim those last 2 trees, but he seems to be open to modify it, but at the same time he has a contract and apparently what he got paid for so far he did not believe that was a complete satisfaction of the contact. He thought it was just a partial payment on that is what I am hearing tonight. Commissioner Hudson said when Mr. Carpenter left he told us probably, off the top of his head that it would be $2000 or maybe $3000 to do the rest of the trimming. City Planner Harris said I talked to Mr. Carpenter the day that I went out to the cemetery conveyed the Mayor’s request. I talked to him at the Pizza Hut a couple of times. I think he absolutely is willing to be flexible. He does frequent work for Public Works and he is real concerned if he is perceived as being difficult to work with that he will jeopardize those contacts. I don’t think he has a problem with the amount he was paid for that initial amount of work. I just think he doesn’t want to feel like he has been cast back into a pool of a bunch of folks bidding on the remainder of it. He feels like I already have an accepted bid I should sort of be in front of the pack. Chairman Harris said obviously knowing this was an issue I thought the way I set it up or we approached him at the last meeting was if you will come with a bid and tell us what you will do I was planning on going ahead. Planner Harris said I think if you formalize that, but right now we have got a little too much process with by word of mouth. Chairman Harris said I would agree with Alderman Steuber’s motion if we include the arborist and the reason I say the arborist we had back in August the lady from the University of Arkansas Forestry, she came down she is an arborist, we have had other arborist and Mr. Gibby looked at it. If you are going to proceed forward on somewhat of an annual basis in maintenance of the trees and do annual or every other year trimming to the trees. I think you have an arborist to do that. Secretary Eubanks said I think Mr. Carpenter can do that. Chairman Harris said what makes you believe that? Secretary Eubanks said we have never been dissatisfied with his service in the past until he was stopped on this job and it is not his service that was the problem. It was the person that stopped it. Chairman Harris said there is several ways to cut trees. Commissioner Eubanks said and I think he knows that. Chairman Harris said at $35.00 an hour which it might take maybe two day, we are taking maybe $500 - $600 to have an expert. Again, Planner Harris said based on Mr. Carpenter’s observation I don’t think Mr. Carpenter would admit that whatever expertise he has he is not an arborist. I think he would be willing to figure out a way to do this in conjunction. Commissioner Hudson said Mr. Carpenter stated his willingness to work with the arborist and I’m for getting an arborist involved. Planner Harris said he just doesn’t want to feel like he had a contact half way though and discarded now he is outside looking in. I think he will be flexible. He just doesn’t want to feel like he is back to square one. 4 Commissioner Fields said I thought he was very concerned maybe overly concerned about the tree that is so ugly that has been left in that ½-done thing. And he feels like that refers to his work and that people are going to say oh look the way he left this that he is not a good tree cutter. A majority of the Commission agreed with Commissioner Fields. Alderman Steuber said that is exactly what happened. Commissioner Fields said but how can we sooth him about that tree or can we sooth him. Secretary Eubanks said are you saying if we leave it? City Attorney Smith said the tree is in the condition because of the City. Commissioner Fields said he feels responsible of the condition and the looks of the tree. Commissioner Fields asked if anyone thought that was a big deal? Commissioner Hudson said I think Mr. Carpenter just wanted the chance to finish the job. Secretary Eubanks said he did say it was an embarrassment to him. Chairman Harris asked Alderman Steuber if he would consider amending or altering your motion. Alderman Steuber asked if anyone seconded the motion. Secretary Eubanks seconded the motion. Chairman Harris asked that Alderman Steuber repeat the motion. Alderman Steuber made the motion was to asked Mr. Carpenter to submit us a new proposal based on what he would trim the 2 trees (Oak and Magnolia) and ½ tree lightly trimmed and forgot the arborist. Alderman Steuber said if you are going to have an arborist involved he needs to flag the limbs where he wants them cut off and what he wants done and let Mr. Carpenter go over there, take a look and see, and give a price on what he (arborist) wants. Chairman Harris said that is what they’ve done. Secretary Eubanks asked are they flagged? Chairman Harris said it is not practical to flag all of the limbs. He has a long laser light and he points that laser at this tree right here and that is where he wants it cut, and Mr. Carpenter or whoever it is up in the tree or has his bucket truck that is where they cut it. That is the way they accomplish that with someone on the ground. Secretary Eubanks stated Mr. Carpenter could go out there trim and everything. Then we will be finished and then if we want to call an arborist, we can call an arborist in the future. Chairman Harris said if you have the right branches left, if you cut them in the wrong place they are going to be dead or further decay the trees. Secretary Eubanks said Mr. Carpenter has been in this business for a very long time and I don’t think that his work is unqualified. Chairman Harris said there is justification for an arborist- there is probably a need for them. Secretary Eubanks restated we can use an arborist in the future. I don’t think trimming the trees and trimming the limbs on the trees is going to kill the trees or damage them or anything. We can go with this motion and try to get something resolved. Secretary Eubanks repeated Alderman Steuber’s motion was to ask Mr. Carpenter to submit us a new proposal based on what he would trim the 2 trees (Oak and Magnolia) and the ½ tree lightly trimmed and forgot the arborist. Chairman Harris asked what if we don’t like or don’t think Mr. Carpenter’s new bid is acceptable? Are we just saying he is submitting a new bid and it could be $5600? Secretary Eubanks said I think we will have to see his bid and I don’t think it is going to be $5600. Chairman Harris said I would hope not. City Attorney Trey Smith said if he submits a new bid and you all accept it, it’s a modification of the old bid. Commissioner Fields said will that be understood by Mr. Carpenter. City Attorney Trey Smith said it will be understood by the law. City Attorney Smith said if he sends a new bid for the remaining of the work and it is lower and we accept it then that $5600 has been merged into the new bid. It is a new contact, but it is a modification of the old one. He may not understand that if you all want to tell him, express about it, but under the law that is what it is going to be- that. Alderman Steuber said in essence he is doing a change order. City Attorney Smith said that is one way to look at it. City Attorney Smith said people that do change orders are pretty aware of it. Mr. Steuber said every day. City Attorney Smith said if you want to tell Mr. Carpenter when he sends a bid the remaining part is going away. Chairman Harris asked if you want to call it a 5 change order. Alderman Steuber said that is what it is, it’s a reduction. Commissioner Hudson asked that this motion is simply for us to get a new proposal from Mr. Carpenter for the change order. Secretary Eubanks said without the arborist. Secretary Eubanks and Commissioner Fields said to settle this. Commissioner Hudson said that’s not said we are going to take it it’s just saying we are making a motion for a new proposal. Alderman Steuber said that’s not saying we are going to take it. City Attorney Smith stated you have the right to reject a bid, if it’s not responsible or you think it’s too high you are not bound to it. City Attorney Smith stated you still have that outlaying problem out there too. Alderman Steuber said we have the same problem right now. City Attorney Smith said you will be back to the same problem right now. Commissioner Fields said if we pass it and Mr. Carpenter agrees to it then our problems are over. City Attorney Smith said if he submits a change order or new bid however you want to call it, and if it’s basically dealing with the remaining outstanding work and you all like it, you adopt it, then you are under the new terms of that bid and the demand of the $5600 has been rejected. It is basically merged into the new change order and that is what you go by. Commissioner Fields asked are there anyone other than me that is concerned that he might not be agreeable to taking less money to get this settle. Secretary Eubanks said we won’t know until we approach him and asked. City Planner Harris stated he thought he understands that there is less work. City Planner Harris said I think Mr. Carpenter knows a lot. He has been doing it for a long time and he absolutely has a huge body of knowledge, but an arborist knows more. And I don’t believe Mr. Carpenter would put his foot down and say I’m not working with the arborist. Mr. Carpenter just doesn’t want to say well I have a contact and now the work is going on and I’m not there doing it. He just wants to be in the mix there. The motion passed on a 3 for (Steuber, Eubanks, Fields) and 2 against (Harris, Hudson). Fourth Order of Business was an update on the request from Claude Allen Hughes Family to disinter and reinter Claude Hughes, Jr. and wife Mary Hughes. (See attached Letter) Director Jones said this was something that happened before our time. Mrs. Jones stated she would be sending a plat to the Hughes Family for the correct placements. Mrs. Jones stated she would be getting the exact cost, but estimated at $6000. It will not cost over $6000. We have to have a funeral director to disinter and reinter of the mother and father, grave digger, and a vault company. City Attorney Smith said he thinks this will also need to be approved by the City Council. New Business The First Order of Business Commissioners to submit nominee(s) to fill the vacancy left by Mr. Hlass. Director Jones said Commissioner Petray sent an email that Jami Smith Mullen would be willing to serve it the meeting time isn’t a conflict. Mrs. Jones said she would call Ms. Mullen. The Second Order of Business was to discuss items not on the agenda. Chairman Harris said he still would like the Commission to look into sending letters out for donations and that maybe we could discuss that in the next few months The Third Order of Business was to prepare items for handoff to City Council for its January 16, 2013 Meeting. None Adjourned. Secretary Donna Eubanks 6