What's the status of Haven of Rest Cemetery?
Any one have any idea where Tier 4,Row B would be located?
My older Sister, Kaye Marie Jones, born Feb 8 1944 and passed away on March 9,1944, and is buried in Haven of Rest Cemetery,Tier 4, Row B.
BEFORE THE ARKANSAS CEMETERY BOARD
IN THE MATTER OF Order Assessing Additional
Trust Fund Contributions for
the Failure to Properly Maintain
the Cemetery Pursuant to
ARNOLD CEMETERY PROPERTIES, INC. Ark. Code Ann. § 20-17-1006(7)
D/B/A HAVEN OF REST CEMETERY,
LITTLE ROCK, ARKANSAS Order No. 99-034-C
On this 23rd day of June, 1999, the matter of Arnold Cemetery Properties, Inc. d/b/a Haven of Rest Cemetery, Little Rock, Arkansas ("Haven of Rest") and the Haven of Rest Perpetual Care Trust Fund ("Trust Fund") comes on to be heard by the Arkansas Cemetery Board ("Board"). From the Legal Notice and Agenda, proof of proper and timely publication of the same, testimony of Charles F. Handley, the exhibits and all other matters presented, the Board, being well and sufficiently advised as to all matters of fact and law, hereby finds, concludes and orders as follows:
FINDINGS OF FACT
Haven of Rest owns and operates a perpetual care cemetery named Haven of Rest Cemetery, Little Rock, Arkansas ("Cemetery") within the meaning of the Cemetery Act for Perpetually Maintained Cemeteries, Act 352 of 1977, as amended ("Act"), and is subject to the Act, Board, and the Rules issued by the Board ("Rules").
The Trust Fund is a cemetery permanent maintenance trust fund that is subject to the Act, Rules, and the Board.
At the March 30, 1999, meeting the Board directed the staff to conduct a physical examination of Haven of Rest about every two weeks to determine if the Cemetery was being properly maintained and directed that Haven of Rest deposit an additional trust fund contribution of $3,000.00 for its failure to properly maintain the Cemetery pursuant to Ark. Code Ann. § 20-17-1006(7); however, the $3,000.00 additional contribution would be waived if the debris from the torn down office building was removed within twenty (20) days from March 30, 1999.
By a certified letter dated March 31, 1999, the Board advised Haven of Rest of the actions taken regarding it at the March 30, 1999, Board meeting and as described in Section 3.
The signed certified return receipt reflects that Haven of Rest received the March 31, 1999, certified letter described in Section 4 on April 1, 1999.
By a certified letter dated April 27, 1999, the Board advised Haven of Rest that on April 22, 1999, an examiner for the Board conducted a physical inspection of the Cemetery and it was found that the debris of the torn down office building still remained and the Cemetery was found to be poorly maintained; on April 26, 1999, Board Members Finley and Ziegenfelder and staff member Charles Handley conducted a physical inspection of the Cemetery and found the office building debris still in place and the Cemetery still in poor condition regarding maintenance, and requested that Haven of Rest deposit the $3,000.00 additional Trust Fund contribution assessed by the Board at the March 30, 1999, Board meeting for its failure to properly maintain the Cemetery and file proof of such deposit within ten (10) days of the receipt of this letter.
A set of photos taken of the Cemetery by Examiner Rhys Rogers on April 22, 1999, was enclosed with the April 27, 1999, certified letter to Haven of Rest.
The signed certified return receipt reflects that Haven of Rest received the April 27, 1999, certified letter described in Section 6 on April 28, 1999.
By a certified letter dated June 14, 1999, Haven of Rest was advised that the Board would consider filing a lawsuit against it for its failure to deposit the $3, 000.00 to the Trust Fund for the failure to properly maintain the Cemetery as assessed by the Board at the March 30, 1999, meeting.
The signed certified return receipt reflects that Haven of Rest received the June 14, 1999, certified letter described in Section 9 on June 15, 1999.
On June 7, 1999, a copy of the agenda for the Board’s June 23, 1999, meeting was mailed to Haven of Rest and this agenda reflected that the Board would consider authorizing attorneys for the Board to take all legal actions necessary to collect the $3,000.00 due the Trust Fund for its failure to properly maintain the Cemetery as assessed by the Board.
As of this date Haven of Rest has not filed proof with the Board that it has deposited the $3,000.00 due the Trust Fund for its failure to properly maintain the Cemetery as assessed by the Board.
CONCLUSIONS OF LAW
Ark. Code Ann. § 20-17-1006(1) states that the Board has the authority to conduct at any time and from time to time such reasonable periodic, special, or other examinations of any cemetery or cemetery company including, but not limited to, an examination of the physical condition or appearance of the cemetery, the financial condition of the company and any trust fund maintained by the company, and such other examinations as the Board or Secretary deems necessary or appropriate in the public interest.
Ark. Code Ann. § 20-17-1006(7) states the Board has the authority to require additional contributions to the permanent maintenance fund of the cemetery where provided for in this subchapter including, but not limited to, contributions not to exceed three thousand dollars ($3,000.00) whenever any cemetery company fails to properly maintain or preserve the cemetery.
Ark. Code Ann. § 20-17-1006(8) states that the Board has the authority to apply to the Chancery Court of Pulaski County to enjoin any act or practice and to enforce compliance with the Act or any rule or regulation or order pursuant to the Act whenever it appears to the Board, upon sufficient grounds or evidence satisfactory to the Board, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of the Act or any rule or regulation.
Haven of Rest has not made the additional trust fund contribution due for its failure to properly maintain the Cemetery as required by the Board and the Act after receiving timely and proper notice and demand to do such.
IT IS THEREFORE ORDERED that attorneys for the Board are hereby authorized to take and file any legal actions deemed necessary to collect all additional trust fund contributions due from Haven of Rest for its failure to properly maintain the Cemetery and to recover all fees and other costs to bring such legal actions.
The Order having been omitted from the records is entered nunc pro tunc.
Dated this 15th day of July, 1999.
ARKANSAS CEMETERY BOARD
DILLARD MARTIN, Chairman MAC DODSON, Secretary