NEVADA CEMETERY DISTRICT Willow Valley Road Nevada City, CA 95959

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1 NEVADA CEMETERY DISTRICT Willow Valley Road Nevada City, CA MINUTES REGULAR MEETING OF THE NEVADA CEMETERY DISTRICT 17 MARCH 2014 GENE ALBAUGH COMMUNITY ROOM MADELYN HELLING LIBRARY 980 HELLING WAY, NEVBADA CITY, CA I. CALL TO ORDER: 5:30 P.M. by Dennis Cassella II. ROLL CALL All Directors Present III. **PUBLIC COMMENT ON MATTERS NOT ON AGENDA: This is the time for any member of the public to address the Board with any item not on the Agenda. According to CA Gov Code 54954, the public may talk about anything within the subject matter jurisdiction of the NCD Board, but the Board generally cannot act on or discuss an item not on the Agenda. However, the Board may briefly respond to comments or questions from the members of the public. Please see rules for public comment at the end of Agenda. None IV. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine by the Board of Directors and will be enacted by one motion at the appropriate time. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Calendar and will be considered separately. District Secretary has been unable to prepare the prior meeting minutes and financial reports for February, Ann went into the hospital. Suspected stoke by Dan. Moved to Roseville hospital for physical therapy. Did not get any bills paid and Dennis and Gary will make payments based upon calls to vendors to obtain the balance payable. Known bills will be approved as usual as part of this agenda. Report concerning acting Secretary. Temporary Secretary Patricia Haller introduced. Compensation to be $25 per hour. Closed session to be included in April Board meeting to review Secretarial/Accounting contract revision/extension. 1

2 Roland asked if she could take visitors. Very ill. Gary will take care of finding out her wishes. Will contact sons and send telephone number to contact to Trustees Bushore and Francis. A. Approval of Manager s Current Report for March 2014 Motion by Trustee Dennis Cassella Second by Trustee David Ray. Motion approved 5-0 V. STANDING COMMITTEE REPORTS A. Finance Committee: The Committee will present any recommendations it has for the Board. The Board will take any appropriate action. Trustee Ray had nothing at this time B. Marketing Committee: The Committee will report the status of its activities. The Board will take any action necessary. Gary: Went to KNCO meeting at Holiday Inn. Mostly about what radio could do for us. Many members from the community were present. Running special for 1 minute ads, 2X day for the rest of the year. We had already spent most of the money. Would run over $8,000. Help with web site, Twitter, etc. We had already used up most of our advertising money so decided not to do this. Ad coming out in the Union tomorrow. Recommendation was to take no action at this time. Jerry commented that he did not see the changes that Roland had made to the historical ad until he came home. Gary has two articles done and ready for the next two months. Jerry has been gone for the past month and would like to be brought up to date on the ads. Jerry does not have to hold another marketing meeting this month. Gary: We have two more benches at Indian Springs. Gary: Suggested a photo with Master Gardeners with daffodils. Jerry: Maybe General Manager presents cut daffodils. Guy Robinson, son of Lowell, passed away last night. He cut and sold cord wood. Lowell Robinson s brother, Neil owns the property that backs up to the Indian Springs cemetery. C. Personnel Committee: The Committee will present the status of its activities 2

3 Personnel Committee: Each member will create a Training Plan to be able to pass understanding to Matt. Board members were asked to develop a 3 5 word outline so Matt Melugin will know what training will be taking place. Each person will meet with him to discuss responsibilities. Schedule through Gary so as to be able to make appointments with each person. Dennis: Make sure that Gary does not assign him any of Gary s responsibilities other than a training mode until after Gary retires. Alan: Ann and he met March 3 rd for about an hour and she gave a presentation on what she does. Alan made notes and transcribed. He found places where some clarification was needed. Before he could follow up, she ended up in the hospital. She did give him an old job description and he was able to expand on that. More clarification on the time she takes to do the job was needed. Property Committee: 1. LAFCO Proposed Annexations: The Committee will present and review any annexation requests. Assemblyman Dahle has proposed AB 1593 to permit burials of Lake of the Pines residents in Auburn Cemetery District cemeteries. We are meeting with the Assemblyman s staff on Friday, March 21, 2014 to review the Elster Memorial Cemetery and the District. We were notified by Nevada County LAFCO that this bill had been introduced Dennis replied by to Nevada LAFCO: Damages our revenue stream potentially by $80,000 per year; interferes with relations between Placer County and Nevada county; Board of Supervisors, and others. Spoke with SR Jones of LAFCO, Dennis also contacted Supervisor Ed Scofield, who had not heard any complaints from LOP residents. Received a call from Assemblman Dahle s staff and she, Ed Scofield, Dennis, some staff from the Auburn Cemetery to meet on Friday. Auburn Cemetery District want to bury 40 residents from Lake of the Pines, per year. $80,000 per year loss to us. Jerry: We just annexed that area into our district 2005 with Nevada County LAFCO agreement.. 3

4 David. LAFCO identified the LOP area as part of the Nevada Cemetery District. Elster Cemetery is miles from LOP. Law reads is that the person must already have family members buried in the Auburn Cemetery to be buried there. Dennis. This would split LAFCO s authority in Nevada County if they approve this. Jerry: Before Fridays meeting: Google the distance between LOP and the two cemeteries. Gary will do a drive to LOP from Elster and to the Auburn Cemetery to LOP. David. Hit it hard on the LAFCO Law. Totally inconsistent with LAFCO law. Gary: 5 districts in Placer County. Auburn already has a nice cemetery Dennis: Placer County LAFCO notified Nevada County LAFCO of this bill. Asked fellow Board members: Do Board members agree that we will not support with this Bill. All Agreed Dennis has a public meeting Thursday with LAFCO. The Assemblyman has taken this off the hearing agenda. 2. Western Gateway Regional Park: The Committee will report the status of the right-of-way issue next to the Penn Valley Cemetery. The Board will take any action necessary. County Surveyor found No valid easement to the back part of Penn Valley Cemetery. The westerly neighbors driveways are encroaching into easement.. During a divorce, the westerly neighbor owner gave an easement to their back property to his wife, on property they did not own. Dennis: Would the NCD board prefer a deed to the easement property? The answer was Yes. Was the structure built with a building permit? If so, did the county give them an easement? Will be meeting with Kevin, the County Surveyor, to see what to recommend what we and the County will do. 1. Deed the property 2. Lot line adjustment 3. County given easement Jerry: 1 st thing to do is to have the County give notice to the party in question before the Cemetery District takes any actions with the neighbor. 4

5 VI. *OLD BUSINESS A. APPROVAL OF FILMING IN & DEPICTION OF NCD CEMETERIES: Trustee Bushore will present the draft policy for review/edit/clarification. It will include Board recommendations he received. The Board will review/edit and approve the policy. Jerry: Take this off agenda until he has more time. Taken off agenda. VII. *NEW BUSINESS: A. REVISED NCD CEMETERY REGULATIONS: Manager Plunkett will present the NCD Cemetery Regulations as revised for Board review/edit and/or approval. Revised Regulations have been distributed to the Board. Discussion ensued: Jerry: On final page: change to: No live planting is allowed in the ground or in a pot of any kind. Gary: Over a dozen potted plants were at a funeral this past week. Encouraged the family to give the plants away. Deer could eat, stolen, die, etc. family agreed. Motion to approve the Revised Cemetery Regulations by Trustee_Alan Archer_ Second by Trustee David Ray_ Motion passed 5-0 B. DISINTERMENT POLICY AND FEE: The Board will discuss and review the disinterment policy and fee as presented by Manager Plunkett. The Board will take any appropriate action. Gary did not bring copy. Placed on the April agenda C. REVIEW OF PLACEMENT OF BRIC-A-BRAC & OTHER OBJECTS ON NCD PLOTS: Gary will present the current policy for discussion and clarification by the Board. The Board will take any action necessary. Gary read the policy. Placement of bric-a-brac has gotten out of hand. Penn valley and Indian Springs are the worst. Should we put a sign up that states all things will be removed in 60 days from the date of internment? Special days: Veteran s Day, Memorial, etc. Nice statues out there, but they need to be removed. 5

6 Dennis: Sign on fence, After 60 days all on grave items will be removed. Before we remove it: Send letter asking for the family to remove. The district will hold for 90 days (could hold the items for one year, just to make sure the families have time to pick up things.) Policy will be for 60 days. After 60 days if not removed, the district will remove and inform the family it will be held 90 days, in actuality to be held one year. Under no circumstances will any employee take any item left. All items will be taken to the landfill. D. Review and approve employee compensation agreements for Manager in Training and Cemetery Maintenance Equipment-Grounds I/II for specified time periods. CMEG I/II agreement goes into effect: July 1 st. Employees agree to picking up 50 % of CalPERS rate July 1, Compensation plan is as a part of the new agreement. Matt s agreement goes in to effect April 1, His agreement also provides for the pickup by the employee of 50% of the CalPERS rate effective July 1, Also included is a provision that performance is as expected or he reverts Cemetery Worker 2 classification. As a Manager in Training he will not be exempt from the Fair Labor Standards Act. Gary is expected to manage Matt s time so that he does not accrue overtime. Dennis: Agreement raised some of the salaries, but took some back through the CalPERS rate agreement. We had an issue in We agreed to 2% salary increase. For reasons unknown, Ann gave Scott a increase of 3%. Not going to be given the same increase as Chrissy because of mistake. Rather than having him pay that back, it was taken into consideration at this time. David: Asked Alan a letter to the record to explain this. Alan agreed. David: Did all items of the agreement get taken care of? All initialed. David: Would prefer to not pay overtime. Adjust Matt s hours each day if needed to be at meeting that evening. Ask that it apply elsewhere as needed. Just so that the total hours worked are what he should be working, rather than going over. As long as his time card reads 40 hours at the end of the week. All Trustees agreed. 6

7 Board reviewed agreements and Trustee Alan_Archer moved to approve and Trustee_Roland Francis seconded Motion approved 5-0 VIII. APPROVAL OF BILLS: The Board will review the warrants on the warrant requests and authorize the chair and another board member to approve them for payment. Dennis: When we found that Ann was ill, there was no one at her house. Managed to get access to the mail box. Gary and the County Auditor went through the bills they had. Have made the best estimate from the venders of what we owe. Trustee asked that the Chair and Trustee Ray can sign off on bills and if there are additional bills that need to be paid. Dennis, Gary, Alan and the auditor will be meeting this Friday and discuss the situation. Trustee Dennis Cassella moved approval of request and Trustee Alan_Archer seconded. Motion approved 5-0 Trustee Bushore: How often do we rent a log splitter? 4 5 times a year. $200 to $300 each time. Log splitter can be had for $1200. Maybe put on agenda for next year to purchase their own. Gary stated that he would look into the purchase of a log splitter. IX. BOARD DISCUSSION: The Board will discuss any other relevant items, and agendize action items for the next meeting. Trustee Bushore: Suggested a motion to give David a Daffodil Run tee shirt when he retires. Other trustees thought that might be too much. Trustee Alan Archer: Manager in Training training update from each trustee at next meeting. Trustee David Ray: Nothing for next meeting. David read a letter stating that he will not seek reappointment with the district. Trustee Cassella will get letter to Board of Supervisors office in morning. Trustee Roland Francis : Nothing Gary Plunkett: Nothing 7

8 Trustee Gerald Bushore: Nothing Trustee Dennis Cassella: Will keep Board up to date on Ester controversy; Ann s status and Penn Valley property. Trustee Cassella: Alan and he attended the Brown Act training. On controversy: can a chairperson provide background to Trustees prior to a meeting? Yes. However, there cannot be any discussion on the subject. If any discussion on the information, then it is in violation of the Brown Act. Dennis will be putting things into the online drop box but is asking that no one comments on anything. Only that everyone looks at everything. Discussion will take place at the meetings only. Only Gary can insert into the drop box. Anyone can get in to read what is in there. Gary stated that all personal items have been removed from the site, so only business items are on dropbox. Gary will get Ann a card and flowers, and will get everyone Dan s number (Ann s son). Gary will call and find out if Ann can have visitors. Will get all the passwords and logins from Ann so all things can be taken care of. Gary has been depositing all the checks so that part has been taken care of. Chairman Cassella will notify CalPERS of the new 50/50 pension rate split with our employees effective July 1, 2014 and ask for a contract modification with CalPERS. X. ADJOURNMENT at 7:05 PM Trustee Alan Archer moved adjournment Trustee Roland Francis seconded Approved 5-0 *The Board of Trustees can discuss these items at any time during the meeting. **The Board will present issues/concerns for the next meeting Agenda. 8

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