Broadcaster Fall 2009

TABLE OF CONTENTS

Notice to all New York State Cemeteries and Crematories:click here
The New ECI Rate click here
President’s Message click here
2010 Fall Conference click here
2009 Fall Conference Report click here
NYSAC Cremation Committee click here
Report from the Disaster Preparedness Committee click here
Resurrecting Gottschalk click here
Government & Legal Affairs Report click here
Elmlawn Cemetery’s New Hill of Honor click here
Liability for Acts of Independent Contractors click here
Newly Opened Chapel Mausoleum and Office for Holy Sepulchre Cemetery click here
In Memoriam click here

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Notice to all New York State Cemeteries and Crematories
The Division of cemeteries has recently sent over 500 letters to New York State cemeteries and crematories regarding Vandalism/Assessment fees that are in arrears and annual reports that are late. Please note that the Division will not be approving any requests, including rate increases, from those who are delinquent until these fees are paid and the annual reports are received.

The Division encourages everyone to escrow the required fees as the best method of assuring payment on time. Continued violations may lead to the Cemetery Board assessing fines for failure to comply. These fees are not optional. They are akin to sales taxes and must be paid.
If you have any questions please call your local Division office.

Sincerely,
Richard Fishman, Director NYS Division of Cemeteries

The New ECI Rate
The new ECI rate to use when applying for service fee increases is: 1.5%

President’s Message
Dear Members,
Just as the color of leaves signals change for the fall season, so too did the recent 81st Annual NYSAC Fall Conference held at The Sagamore Resort at Lake George. I have the honor and privilege to serve our Association as President for this year and I welcome all new officers and two new board members, George Baker of Webster Union Cemetery in Webster and Nathan Romagnola of White Haven Memorial Park in Pittsford. In addition, I welcome back to the board two members for return service, Dick Bruns of Woodlawn Cemetery in Syracuse and Joe Dispenza of The Forest Lawn Group in Buffalo.

In my remarks at the Fall Conference, I mentioned that as a group of cemeteries we come together with different operations, unique issues to deal with and situations to resolve. However, as diverse as we are around the State, we share one common objective, a mission that links us all - the burial of members of our communities and to perform that task with respect and care.

My thanks go to Terry Joyce for doing such a great job in chairing the conference and to John Toale as immediate past President of the Association for his outstanding leadership and dedication during the past year.

Our Executive Director Beth Seme and her entire staff do a great job and I thank them for their efforts on our behalf.

This promises to be an event filled year with regional and maintenance seminars and a Public Affairs Seminar in May. I encourage using the NYSAC web site (www.nysac.com) for the calendar of events and the latest in legislative issues. Our executive officers, board of directors and committees serve as a resource to all members. Please contact any of us with matters of interest, suggestions or comments. NYSAC membership provides value in many ways. Your participation in our programs will help continue to make NYSAC a strong voice for our industry.

Sincerely,

Jay Ivler
NYSAC President

2010 Fall Conference
By John Toale, Chair, 2010 NYSAC Fall Conference

Save the dates for the 2010 NYSAC Fall Conference to be held Sunday, October 3rd through noon Tuesday, October 5th at Turning Stone Resort & Casino in Verona, NY (near Syracuse).  What I can promise you is:

A fun and entertaining dinner function Sunday evening.
Two rooming options offering a lower cost than past conferences.
Five golf courses – some of you will have to come early or stay late to hit them all.
Beautiful meeting facility with the excellent programming that you are accustomed to.
And yes, casino gambling for those who wish to partake.

There will be a lot more information about the conference as it gets closer, but I just wanted everyone to mark these dates in your calendar for next year. I look forward to seeing all of the regular attendees plus some new faces from upstate.

2009 Fall Conference Report
By Theresa Joyce, Chair, NYSAC 2009 Annual Fall Conference

The 81st Annual Fall Conference was held September 13 thru 16 at the beautiful Sagamore Resort in Bolton Landing, NY.

James Featherstonhaugh of Featherstonhaugh, Wiley & Clyne with his witty commentary on the workings in Albany, opened the conference Sunday evening at the outdoor Shelving Rock Terrace, overlooking scenic Lake George.

On Monday, while spouses and guests enjoyed a guided tour of Saratoga, the conference opened with the NYSAC Annual Meeting, which included a Memorial Service, Association and

Committee reports and the election of the following Officers:
President Jay Ivler Mount Lebanon Cemetery
Vice President Andrew E. Nagle Trustees of St. Patrick’s Cathedral
Second Vice President JoAnne Ryan Cemetery of the Highlands, Inc.
Secretary Deborah Galassi Elmwood Cemetery
Treasurer Richard J. Moylan The Green-Wood Cemetery
and Board members serving a three-year term:
G. Richard Bruns Woodlawn Cemetery
George Baker Webster Union Cemetery Association
Nathan Romagnola White Haven Memorial Parks, Inc.
Seven suppliers and three cemeterians attending for the first time were introduced.
Next, David Barnett, President & CEO of Mount Auburn Cemetery in Cambridge, MA, gave a talk titled “Horticulture, Preservation & Service: Integration & Innovation.” David gave us many innovative ideas for lowering maintenance costs and maximizing space and revenue.

After a delicious outdoor buffet lunch, our keynote speaker, Patricia Fripp, held the attention of the crowd with her skillful storytelling ability. Those present were told our community and families need to be reminded of our relevance and of our ability to serve and we can do that most memorably through stories. We were instructed that every conversation is a sales situation.

After a break, which was spent chatting with some of the 19 suppliers present, Arthur Friedman and Timothy Griffin, Esq., of Cemetery Consultant Services, spoke on privacy issues vis-à-vis social security numbers, cell phones, the internet and social networking sites. They also addressed emergency preparedness as well as developing relationships within the community in advance of need with agencies such as the police.

Tuesday’s sessions opened with Patricia Fripp presenting specifics to design a powerful talk. Listeners learned that while “logic makes you think, emotion makes you act” and the importance of the I/You ratio in speech. Opening options, including the premise formula, were discussed such as “Every family in NYS can have total peace of mind by developing death care relationships in advance” or the value of posing a rhetorical question like “If I were to ask you if your family knows your final wishes, how would you answer”?

After a sponsored coffee break, Frank Giglio, Chairman of the Government & Legal Affairs Committee joined David Fleming, our lobbyist, for a discussion of regulatory and statutory items. Richard Fishman, Director, NYS Division of Cemeteries, discussed such current issues as the standardized NYS cremation authorization and improvements to the Division web site. Mr. Fishman then answered questions on municipal interference of cemeteries and many other topics of interest.

Richard later fielded questions at two roundtable sessions. Other roundtable sessions included such topics as insurance, moderated by Steven Marshall of Bollinger Insurance and Brennan Regan of Regan Agency; maintenance, moderated by Ken Taylor of the Green-Wood Cemetery; records management, moderated by Ted Dooling of Boston Computer Scan; an interesting session dealing with alkaline hydrolysis moderated by Dr. Timothy Sellati; and the Audubon Cooperative Sanctuary Program, moderated by Jim Sluiter.

The Installation Banquet that evening included a presentation of an award of appreciation to our supplier President, Tom Santillo of Matthews Bronze for his ongoing efforts to assist this Association in every way possible. Our past President, John Toale of the Woodlawn Cemetery, was also given gifts and a bronze plaque for his dedicated service this past year.

Thanks to the six Cemetery sponsors and the following supplier sponsors for their support in making this conference successful:
Biondan North America, Inc. Hudson Valley Bank
Bollinger Insurance, Inc. Matthews International
Corporation
Cold Spring Memorial Group Regan Agency, Inc.
McCleskey Mausoleum
Construction Company Grever & Ward, Inc.
Cornerstone Capital Wealth
Management Merendino Cemetery Care
Ensure-A-Seal Mullen Construction
Company, Inc. Thanks, also, to all our speakers and moderators.

The “weather committee” must be congratulated, as conditions for golfing, boating, swimming, strolling and dining al fresco were perfect. The accommodations and food were wonderful, but most importantly, we were together to laugh and learn.

Hope to see you next year at the Turning Stone, October 2-5, 2010 in Verona, NY.

NYSAC Cremation Committee
By Joseph Dispenza, Chair, NYSAC Cremation Committee

In case you were unable to attend the NYSAC Fall Conference at The Sagamore, please review the following memo that was presented at the annual membership meeting.
In calendar year 2009 your cremation committee, along with the excellent assistance of legislative council David Fleming held in-depth and lengthy meetings via teleconferences on January 5, 2009, January 20, 2009, March 24, 2009, March 27, 2009 and April 30, 2009. Additionally, the committee had a face-to-face meeting in Albany, New York on April 19, 2009 with Richard Fishman, Director of the Division of Cemeteries, Antonio Millilo, State Cemetery Board Counsel and Mike Seelman, Investigator for the Division of Cemeteries

These meetings, along with numerous email conferences, have resulted in the association having significant review, amendments and impact on:
1. The new crematory regulations known as 19 NYCRR Part 203
2. Model standardized NYS cremation authorization form
As of this writing, the committee has submitted its final work product to the NYSAC Board for approval. The NYSAC Board has accepted and approved the committee’s work product.
The committee, with the Board’s approval, has submitted its final Crematory Regulation amendments and model cremation authorization form to legislative counsel, Mr. David Fleming with the direction to submit it to the NYS Division of Cemeteries as complete and final.
Since that submission, the committee was asked by the Division of Cemeteries for comments on additional adjustments to the authorization form. On August 10, 2009, the committee made their final comments to the model cremation authorization form and submitted the same to the Division of Cemeteries.

Presently, we are awaiting the Division’s formal adoption of the new amended crematory regulation and cremation authorization form.

As chair of the NYSAC Cremation Committee, please enter into the minutes my deep gratitude to all members of the committee and David Fleming for their commitment of time and expertise to these very worthy agenda items this year.

As recently as October 7, 2009, the committee held another conference call to approve the most recent addition to the standardized cremation authorization form. This addition is an acknowledgement of:
1. The decedent designated an agent to control disposition pursuant to Public Health Law 4201; or
2. The decedent did not designate an agent to control disposition, therefore the person(s) having priority under Public Health Law 4201 are authorizing cremation.

Report from the Disaster Preparedness Committee
By Valerie Newell, Chair, NYSAC Disaster Preparedness Committee

The Disaster Preparedness Committee is working on a new and exciting initiative to reach cemeteries and the localities that they serve at a town-community level about the important role that a local cemetery needs to play in community disaster planning.  The role of the cemetery is frequently overlooked and this effort seeks to develop ways to enhance communication about emergency management planning between NYSAC, individual cemeteries and the localities that they serve.  It will speak to the role of the cemetery in a community as well as the importance of contingency emergency management planning by cemeteries. 

This new outreach tool will be created with assistance from David Fleming, but will rely on committee members doing the specific outreach.  We are in the process of drafting an informational packet that will be used in our NYSAC regional cemetery conferences as well as other venues as relationships are developed by attending local meetings whenever possible.  There will be more to come in future BROADCASTER publications about these activities.

Editor’s note: NYSAC welcomes Valerie Newell who was recently appointed as the new Chair for the Disaster Preparedness Committee. She takes over from Joe Dispenza who has done an outstanding job. Current members of the committee include Valerie, Joe, Kevin Boyd, George Baker, Nate Romagnola and Rick Touchette. The committee is looking for two more members. If you think you might be interested, please contact Valerie via email at bethlehemcemetery@nycap.rr.com or by phone at 518-439-2394.

Resurrecting Gottschalk
submitted by Richard Moylan

Louis Moreau Gottschalk, America’s first matinee idol and its first internationally acclaimed classical composer/musician, is interred at Green-Wood Cemetery. Originally, his inscribed white marble monument was topped by a marble angel holding an open book on which were inscribed the titles of six of his greatest hits. The lot was surrounded by a cast iron fence. However, both the angel and the fence disappeared years ago. Just last year, a cast iron fence and plantings were placed around the lot. Weeks ago, a granite stairway was installed, leading up to the lot from the road.
The final element of this project remains--selection of the sculptor who will recreate the “Angel of Music,” the sculptured angel that long ago disappeared from the Gottschalk lot. The Green-Wood Historic Fund, assisted by the National Sculpture Society, recently solicited proposals from America’s leading figurative sculptors. Four entrants from across the nation have been chosen as finalists: Myra C. Weisgold of University Park, Florida; Kirsten Kokkin of Loveland, Colorado; Tuck Langland of Granger, Indiana; and the team of Jill Burkee and Giancarlo Biagi of New York City.

A selection panel has been assembled and soon will select the winning entry. Among the panelists are: Arnold Lehman (director of the Brooklyn Museum), Thayer Tolles (Associate Curator of American Paintings and Sculpture, The Metropolitan Museum of Art), Danny Simmons (artist, gallery owner and interim chair, New York State Council on the Arts), and S. Frederick Starr (author of Bamboula! The Life and Times of Louis Moreau Gottschalk).

Government & Legal Affairs Report
By Frank Giglio, Chairman, NYSAC Government & Legal Affairs Committee

The NYSAC Government & Legal Affairs Committee has had a successful year.
I wish to thank the Committee members for their hard work. As always, a special thanks to David Fleming for all his time and efforts in delivering our message.

Listed below are the two bills that were introduced by NYSAC this year:

A.4218-BRODSKY/S.4364-A-AUBERTINE-Abandoned Cemetery Maintenance by Cemetery Corporations – passed in both the Senate and the Assembly, on August 26, 2009, signed chapter 363
Editor’s note: the new law can be viewed in its entirety on our web site www.nysac.com. Go to the Government & Legal Affairs link.

A.4217-BRODSKY/S.2516-THOMPSON-Provides that any municipality may appropriate and provide funding, goods and/or services to a public cemetery corporation- passed the Assembly on June 22, 2009; referred to Local Governments in the Senate

We are also monitoring many other bills, including A.7036 Weisenburg/S.3561 C. Johnson, which is the “Customer Bill of Rights”.

I want to thank all of our members and suppliers who contributed to the Legal Fund this year. To those who have not yet contributed, please be generous.

Elmlawn Cemetery’s New Hill of Honor
By Debbie Galassi

On a beautiful sunny warm day, Elmlawn Cemetery in Kenmore, NY dedicated its 6th Veteran’s section. In honor of Flag Day, June 15th was a day to celebrate Elmlawn’s new Hill of Honor. This new section overlooks the entire Cemetery with a panoramic view of the mausoleums and the Vietnam Memorial in the distance. It is also adjacent to the newly dedicated Town of Tonawanda Veteran’s Memorial.

President of the Cemetery, W. James Huggins served as the Master of Ceremonies and was joined by local dignitaries and honor guards from the Army, Navy, Air Force, Marines and Coast Guard, along with local Veterans’ posts which provided a 21 gun salute and the playing of Taps. There was even a military fly over.

Elmlawn Cemetery’s newest section dedicated to veterans and their spouses continues a long tradition of providing hometown burial space for our local heroes. The Hill offers traditional burial space as well as cremation space, and last month, Elmlawn opened a section created for cremation spaces for indigent veterans and their spouses. These spaces will be made available to needy veterans at no charge, so that all veterans have the opportunity for a proper burial and memorial.

Elmlawn Cemetery is proud to continue its century old tradition of serving our local heroes. Our new Hill of Honor will help carry on that tradition for decades to come.

Liability for Acts of Independent Contractors
Submitted by Ken Taylor, Chairman, NYSAC Labor Relations Committee

On September 10, 2009, the Second Circuit Court of Appeals issued a noteworthy decision for New York companies that gives independent contractors the authority to make employment-related decisions on their behalf. In Halpert v. Manhattan Apartments, Inc., the court ruled that a New York company can be held liable for discriminatory acts committed by an independent contractor while working as an agent of the company. Specifically, the court held that if a company gives an independent contractor the authority to make hiring decisions, then the company may be held liable under the Age Discrimination in Employment Act if the independent contractor improperly discriminates against applicants or employees on the basis of age.

Accordingly, companies should review their contracts with independent contractors and consider adding language that will require their independent contractors to abide by all laws, including those prohibiting discrimination. Moreover, it is also advisable that companies include an indemnification clause that specifically protects the company from liability in the event that the independent contractor commits a discriminatory act while acting on behalf of the company.
If you need assistance drafting new language for your contracts with independent contractors or further advice on this matter, please contact Farah Mollo at (212) 758-1078.

This Advisory is intended for informational purposes only and should not be considered legal advice. If you have any questions about anything contained in this Advisory, please contact Collazo Carling & Mish LLP, 747 Third Avenue, New York, N. Y. 10017 | Tel: 212-758-7600 | www.ccmlaw.com. All rights reserved.

Newly Opened Chapel Mausoleum and Office for Holy Sepulchre Cemetery
Submitted by Peter Ryan

The Our Lady of the Rosary Chapel Mausoleum and our new office building opened this past summer at Holy Sepulchre Cemetery. Two new entrances on Granny Road serve as the main entranceways for Holy Sepulchre Cemetery. This will move the majority of the cemetery traffic off of Route 112, which itself will be undergoing improvements by the State in the coming year.
The mausoleum features a large chapel with pew seating. In addition to being used for committal services, the Saturday memorial masses now take place in a more comfortable environment. The mausoleum features interior and exterior crypts for more than 1,400 casket spaces and 600 niches for the inurnment of cremated remains.

The new office is located at the head of the new semi-circle entrances. In addition to providing expanded facilities for staff, it will now provide private rooms for families to discuss burial and grave purchase arrangements. It also provides additional rest room facilities and an outdoor kiosk to find the location of those interred in the cemetery. Designed to allow for future expansion, this building will serve the needs of staff and visitors for a long time to come.

Holy Sepulchre Cemetery Office is located at: 3442 Route 112, Coram NY 11727.
http://www.holyoodcemetery.org/holysepulchre.htm.

In Memoriam
In the past few months, we have lost both a New York State cemeterian and a supplier to our industry.

Bernard Jaffe was president of New Montefiore Cemetery on Long Island and Montefiore Cemetery in Queens. He was also a past president of the New York State Association of Cemeteries (1967). Services for Mr. Jaffe were held at Riverside Memorial Chapel in Manhattan on Thursday, September 3, 2009.

Vincent Cox was a well known supplier member of the New York State Association of Cemeteries, where he represented Biondan North America, Inc. Mr. Cox, who was born in England, died very suddenly on August 26, 2009. Services were held in Toronto, where he lived with his wife, Cathie, and their family.

We will all miss both of these fine individuals and extend our deepest sympathy to their family and friends.