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<br />November 22. 2005 <br /> <br />- Other Unfinished Business <br /> <br />05 - 412 - Adoption of an ordinance to amend Chapters 9 and 11.5 of the City Code, by <br />amending Sections 9-26, 9-29, and 9-41; by enacting new Sections 9-29.1 and 11.1-5, <br />and by repealing divisions 2, 3 and 4 of Article II pertaining to cemetery perpetual care <br />and burial fees and charges. Vision Principles: Bold New Directions and Pride of Past <br />Promise of Future. <br /> <br />Background: <br />. Currently, no charges are assessed for perpetual care of graves. The City has a <br />maintenance fund for cemeteries that is required to maintain a balance of at least <br />$1,000,000. Interest from that fund may be used for cemetery maintenance. <br />. The City contracts grave openings and closings at city cemeteries. Charges for <br />these services are paid directly to the contractor but are regulated by City Code. <br /> <br />Discussion: <br />. Because Portsmouth's grave opening and closing fees are less than neighboring <br />cities, many non-City residents are purchasing graves. There is a concern that there <br />will be a grave shortage for Portsmouth residents if this continues. Increasing fees for <br />grave opening and closings will give the City of Portsmouth a fee structure consistent <br />with that charged by neighboring cities and hopefully reduce the number of grave sales <br />for non Portsmouth residents. <br />. Wimbrough and Sons own all unsold graves in City cemeteries. Because the City <br />does not own the individual graves the current perpetual care sections in the City Code <br />are not practical. <br />. Olive Branch Annex is not a city owned cemetery. <br />. The City proposes to eliminate the perpetual care sections of the City Code and <br />replace them with a burial permit fee section. Burial permit fees of $200 will be paid for <br />every grave opening and closing, and will be paid to the City. Child grave opening and <br />cremations will be charged a $100 burial fee. These fees will be collected by the <br />contractor responsible for grave openings/closings and paid monthly to the City. This <br />fee will apply only to city owned cemeteries. <br />. Financial Impact: The increased fees for grave opening and closing will have <br />no direct impact on the City because these fees are paid directly to the contractor. The <br />burial permit fee is estimated to generate approximately $35,000 per year which will be <br />used for cemetery capital improvements. <br /> <br />Staff Recommends: <br />Adoption of an ordinance to amend Chapters 9 and 11.5 of the City Code, by amending <br />Sections 9-26, 9-29, and 9-41; by enacting new Sections 9-29.1 and 11.1-5, and by <br />repealing divisions 2, 3 and 4 of Article II pertaining to cemetery perpetual care and <br />burial fees and charges. Vision Principles: Bold New Directions and Pride of Past <br />Promise of Future. <br /> <br />Next Steps Following Council Action: <br />. If approved, sign contract with contractor for city grave openings and closings. <br /> <br />Motion by Mr. Moody, and seconded by Ms. Psi mas, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />"ORDINANCE TO AMEND CHAPTERS 9 AND 11.5 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 9-26, 9-29, AND 9-41, <br />BY ENACTING NEW SECTIONS 9-29.1 AND 11.1-9, AND BY REPEALING <br />DIVISIONS 2, 3 AND 4 OF ARTICLE II THEREOF PERTAINING TO CEMETERY <br />PERPETUAL CARE AND BURIAL FEES AND CHARGES." <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br />