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r BOOK ill f'tgGt G The statues go further and state that if a relative of the deceased person is contacted and expresses a preference for either burial or cremation, the County shall make a reasonable effort to accommodate the request of the relative. In this case, the operative word is reasonable. In discussing this with the County Attorney's office, it was felt that if a burial plot could be purchased, then that would be considered reasonable and most likely the County would have to choose a burial over cremation if the requested by the survivor. ANALYSIS• In response to direction by the County Administrator on behalf of County Commissioner Stanbridge, I reviewed the circumstances of the Cemetery Association and the problem associated with indigent burials. The Cemetery Association had suggested that the County purchase the adjacent property immediately east of the cemetery that was for sale for the Association. In exchange, the Association would transfer ownership of an undeveloped three -acre tract located on the west end of the cemetery to the County. In addition, the Association would agree to guarantee 750 plots for the County's use for indigent burials. Predicated on the minimum cost of a burial site in Indian River County at $500 per site, this would result in savings of $375,000 less site purchase cost. Initial contact was made with the owner of the 6.45 acres located on the east end of the cemetery. Woodley Holding Company, Inc. owns the tract, and Tom DeBerry is the President. In discussing the matter early on with him, he expected the property to be worth approximately $20,000 per acre. During the summer, the Board appropriated $100,000 for acquisition purposes. An appraisal was made of the property and the appraised value came in at $100,000. After again meeting with Mr. DeBerry, I contacted the appraiser based on some concerns expressed by Mr. DeBerry. The appraiser indicated that he saw no reason to change the appraised value. I then proceeded to make a tentative offer subject to Board approval of $100,000. In light of options for other purchase, this tract seemed the best alternative even at the full -appraised price. Mr. DeBerry came back with a written acceptance provided there were no other costs (surveys, property taxes, or title fees). He also made an offer to sell the adjacent 2 acre tract located between the cemetery and 71 8' Street. With a purchase price of $100,000 and 750 burial plots for indigent burials, the individual cost per plot is $133.33 per plot, a savings of $366.67 per burial plot if compared to purchases form existing cemeteries. This would also address a concern for providing additional property to the Cemetery Association which the County has sought to accomplish for a number of years. The final benefit establishes the Winter Beach Cemetery as a more financially secure organization for long term maintenance. RECOMMENDATION: Agree to fund the purchase of the subject property containing approximately 6.45 acres for a purchase price of $100,000 net to seller subject to a fully executed agreement between the Board of County Commissioners and the Winter Beach Cemetery Association wherein the County agrees to exchange the subject property with title going to the Cemetery Association and the Winter Beach Cemetery Association agrees to grant title of the western most three (3) acres of the existing cemetery to Indian River County and, with the Cemetery Association agreeing to guarantee that 750 plots for future indigent burials are made available to the County at no costs. RelatiNe to the additional land (1.92 acres), staff has not made any analysis of this offer, but it should be noted that this site is higher in elevation and is cleared making it a very desirable site for additional cemetery expansion. Mr. DeBerry has offered to hold it aside if the Board has any interests in acquisition, providing an opportunity for the first refusal or a purchase option. Staff is seeking direction -on this matter. DECEMBER 14, 1999 • -76- 0