Briefing Overview - Portsmouth, VA

Briefing Overview

• City-Owned Cemeteries

• Brief History

• Current City Responsibilities

• Current Wimbrough & Sons, Inc.

Responsibilities

• Current Funding

• Timeline of Activities

• Recommendations

22. Pg. • City Council Retreat • February 1, 2019

City-Owned Cemeteries• Cedar Grove Cemetery

(Glasgow Street and Fort Lane)

• Oak Grove Cemetery

(London Boulevard and Peninsula Avenue)

• Olive Branch Cemetery

(City Park and Clifford Street)

• Mount Calvary Cemetery Complex, which includes Mount

Calvary Cemetery, Fisher’s Hill Cemetery, the Pauper’s Field

Cemetery, and Mount Olive Cemetery

(Prentis Park neighborhood)

Portsmouth, Virginia, Municipal Code §9-26


Cedar Grove Cemetery(Glasgow Street and Fort Lane)


Cedar Grove Cemetery


Oak Grove Cemetery(London Boulevard and Peninsula Avenue)


Oak Grove Cemetery


Olive Branch Cemetery (City Park and Clifford Street)


Olive Branch Cemetery


Mount Calvary Cemetery Complex(Prentis Park Neighborhood)


Mount Calvary Cemetery Complex


Privately-Owned Cemeteries Portsmouth, VA

• Olive Branch Annex(London Boulevard and Peninsula Avenue)

• Lincoln Memorial Cemetery(3901 Deep Creek Boulevard)


Olive Branch Annex (London Boulevard and Peninsula Avenue)


Olive Branch Annex


Lincoln Memorial Cemetery (3901 Deep Creek Boulevard)


Lincoln Memorial Cemetery


Brief History• Prior to 1960, the City owned and managed the following cemeteries:

• Cedar Grove

• Oak Grove

• Olive Branch

• In 1960, the City sold all of its vacant “gravesites” to a private entity, Wimbrough & Sons (“Wimbrough”), and entered into a contract with Wimbrough to manage burial operations at all cemeteries.

• In 1964, the City sold the “land” east of Olive Branch to Wimbrough & Sons and adopted an ordinance designating the land as Olive Branch Annex. Five days after the land was sold, City Council passed an ordinance declaring Olive Branch Annex as a cemetery.

• City does not own Olive Branch Annex, Wimbrough & Sons owns this cemetery via the 1964 sale. However, during the 1964 sale, the City agreed to assume perpetual care for Olive Branch Annex in consideration for 30 cents for each square foot contained in each lot.





Definitions: Perpetual Care & Perpetual Care FundsState Code (Broad Definition(s)

• Perpetual Care of City Cemeteries:

o the city shall, in perpetuity, maintain in good order, free from

weeds and undergrowth, the city cemeteries…the city shall also

maintain the monuments and stones of city cemeteries in an

upright position so long as the same continue intact. Portsmouth,

VA, Municipal Code §9-29

• “Perpetual care” means continuing care, maintenance,

administration and embellishment of the cemetery. 18 VAC 47-20-10

• “Perpetual care trust fund” means a fund created to provide income

to a cemetery to provide care, maintenance, administration and

embellishment of the cemetery. Code of Virginia §54.1-2310


Current City Responsibilities• Maintenance

o Maintain in good order, free from weeds and undergrowth

Grass cutting, removal of flowers, road maintenance, repair of grave sites, trash and debris removal

o Maintain monuments and stones in an upright position so long as they continue intact

• Cemetery Trust Fund

o Initial Non-expendable corpus of $1M

o Note: Added to the cemetery trust fund are all sums from burial permit fees, donations, legacies, and other funds received from any other source for care of city cemeteries

• Capital Improvement

o Income derived from investments

o All monies in excess of the initial non-expendable corpus $1M

o Paid as received into the City Treasury

Portsmouth, Virginia, Municipal Code §9-29


Current City Responsibilities (continued)

23

Code

Section Description Fee

9-3 City cemetery fees and charges:

9-3(a)(1) Opening and closing of adult graves: Monday through Friday,

9:00 a.m. to 4:00 p.m. $500.00

9-3(a)(2) Opening and closing of adult graves: Saturday, 9:00 a.m. to

4:00 p.m. 600.00

9-3(a)(3) Opening and closing of adult graves: Sunday and state and

federal holidays, 9:00 a.m. to 4:00 p.m. 750.00

9-3(a)(4)

Opening and closing of child graves: Monday through Friday,

9:00 a.m. to 4:00 p.m., for a grave not exceeding a length of 48

inches, a width of 40 inches, and a depth of 48 inches

300.00

9-3(a)(5)

Opening and closing of child graves: Saturday, 9:00 a.m. to 4:00

p.m., for a grave not exceeding a length of 48 inches, a width of

40 inches, and a depth of 48 inches

300.00

9-3(a)(6)

Opening and closing of child graves: Sunday and state and

federal holidays, 9:00 a.m. to 4:00 p.m., for a grave not

exceeding a length of 48 inches, a width of 40 inches, and a

depth of 48 inches

375.00

9-3(a)(7) Opening and closing of cremation graves: Monday through

Friday, 9:00 a.m. to 4:00 p.m. 300.00

9-3(a)(8) Opening and closing of cremation graves: Saturday, 9:00 a.m.

to 4:00 p.m. 300.00

9-3(a)(9) Opening and closing of cremation graves: Sunday and state and

federal holidays, 9:00 a.m. to 4:00 p.m. 375.00

9-3(a)(10) Additional fee: For services where the funeral party is not

present at the graveside by 4:00 p.m. 100.00

9-29.1 Burial permit fee for each adult burial 200.00

9-29.1 Burial permit fee for cremated remains 100.00


https://library.municode.com/va/portsmouth/codes/code_of_ordinances?nodeId=PTIICO_CH9CE_ARTIINGE_S9-3CICEFECH











https://library.municode.com/va/portsmouth/codes/code_of_ordinances?nodeId=PTIICO_CH9CE_ARTIICICE_S9-29.1BUPEFE

https://library.municode.com/va/portsmouth/codes/code_of_ordinances?nodeId=PTIICO_CH9CE_ARTIICICE_S9-29.1BUPEFE

Current Wimbrough & Sons, Inc. Responsibilities

• AdministrationoSale of vacant burial lots

oOperation of cemetery officeWimbrough performs this duty in consideration

of $100 per month to the City

Receiving monies and maintaining records of burials

Scheduling interment services with funeral homes

• Opening and Closing Graves


Current Funding


• The Department of Parks and Recreation’s perpetual care

budget is currently $50K

• The Department of Parks and Recreation is requesting

$150K to $200K or more per year for perpetual care.

• The funds will be used for repairing headstones, fencing,

and gravesite cave-ins. The grounds where the city-owned

cemeteries are located are low lying areas and prone

to flooding.

• NOTE: Burial plots are running out. When burial plots run out,

and the City will not receive monies for burial fees.

26

Current Funding (continued)


Timeline of Activities

• Plot books and death books have been

digitized via CD/DVD

• Conducted Audit of Cemetery Office

• Researched Comparison of Burial Fees

• Provided Notice to Review Contract

to Carl Wimbrough


Audit


29

Comparison Of Burial Fees Proposal

Hampton

Roads

Cemetery Fees: Opening and Closing Costs Portsmouth, Virginia

Suffolk, VA Holly Law

Cedar Hill Cemeteries

Mon. through Fri.: $850.00

Sat., Sun., & Holiday: $1, 050.00

Mon. through Friday:

$850.00

Sat., Sun., Holidays:

$1,050.00

NOTE: City currently

receives $200 for burial

permit fees.

NOTE: the following cities

do not own and operate

cemeteries in their cities:

Virginia Beach,

Chesapeake, Hampton,

and Newport News.

Norfolk, VA Calvary, Elmwood, Hebrew, Riverside,

Cedar Grove, Forest Lawn, Magnolia,

& Westpoint.

Mon. through Fri.: $1,000.00

Sat.: $1,200.00

Sun. & Holidays: $1,300.00

Sample of listings of privately owned and operated cemetery fees:

Virginia Beach Princess Anne Memorial Park Mon. through Sat.: $1,995.00

Sun.: $2,495.00

Virginia Beach Colonial Grove Memorial Park Mon. through Sun.: $1,595.00;

Burial after 4:00p.m.: $2,095.00

Virginia Beach Rosewood Memorial Park Monday-Friday-$1995 Saturday; Sunday$2,495

Chesapeake Chesapeake Memorial Gardens

Cemetery

Mon. through Sun.: $1,595.00

Burial after 4:00p.m.: $2,095.00

Chesapeake Greenlawn Memorial Gardens &

Mausoleum Cemetery

Mon. through Fri.: $875.00;

Sat.: $1,075.00

Chesapeake Roosevelt Memorial Park Cemetery Mon. through Sat.: $2,275.00

Sat.: $2,690.00; Sun.: No burials

Suffolk Meadowbrook Memorial and

Cremation Gardens

Mon. through Sat.: $1,995.00;

Sun.: $2,495.00

Suffolk Albert G. Horton Jr. Memorial

Veterans (State)

No cost to Veterans, $300 fee for military spouse to be

buried

Suffolk Carver Cemetery Sun. through Sun.: $1,000.00

Hampton Parklawn Memorial Mon. through Sat.: $1,995

Sun.: $2,495.00

Hampton Hampton Memorial Mon. through Sat.: $1,995.00; Sun.: $2,495.00

Hampton Hampton National Cemetery Closed to burial with the exception of family members

Newport News Greenlawn Memorial Park Mon. through Sat.: $1,645.00

Sun.: no burials

Newport News Peninsula Memorial Mon. through Sat.: $1,995.00

Sun.: $2,495.00

Current Responsibilities• Currently, the city owns cemeteries Cedar Grove, Oak Grove, Olive

Branch, and Mount Calvary Cemetery Complex.

o The city is responsible for maintenance of its cemeteries

(e.g. grass cutting.).

o The city is also required to maintain a cemetery trust fund. This fund

requires an initial nonexpendable corpus of $1,000,000.000. City

collects burial permit fees, donations, legacies, and other monies

for capital improvement.

• Currently, Wimbrough owns the gravesites located at the city owned

cemeteries.

o Wimbrough is responsible for sale of burial lots, administration,

and operation of the cemetery office.

Wimbrough is also responsible for opening and closing graves.

Wimbrough is under a contractual obligation to pay City $100

per month in consideration for use of the Administrative building.


City Retains Ownership of City Owned Cemeteries and Bid Out Perpetual Care

Responsibilities

“A municipal corporation may provide and operate, within or outside the municipal corporation, cemeteries; may contract for the perpetual care of lots and burial spaces therein; and may charge compensation for lots and burial spaces and services in connection with interments and the maintenance and operation of such cemeteries.”

Code of Virginia §15.2-1121


Procurement Process • Competitive Sealed Bidding

o Issuance of a written Invitation to Bid

o Public Notice

10 days prior to the date set for receipt of bids

o Public opening and announcement of all bids received

o Evaluation of bids

o Award to the Lowest responsive and responsible bidder

• Competitive Negotiation

o Issuance of written request for Proposal

o Public Notice

10 days prior to the date set for receipt of proposals

o Selection made of offerors deemed to be fully qualified

and best suited

Code of Virginia §2.2-4302.1-2.2-4302.2


Recommendation• Assure that all contracts are in agreement with the Portsmouth Municipal

Code and laws of the Commonwealth of Virginia

• Increase grave opening and closing fees

• Amend the Portsmouth City Code to allow for the increased grave

opening and closing fees

• Increase perpetual care budget from $50K per year to a budget between

$150K to $200K or more per year

• Terminate current contract with Wimbrough and Sons within 60 days

• Relieve City of perpetual care responsibilities

o Note: City may bid out perpetual care responsibilities or City may transfer

ownership of city-owned cemeteries to private entity

o Note: If City choses to bid out perpetual care responsibilities,

begin the procurement process


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Briefing Overview - Portsmouth, VA

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