Broadcaster Summer 2002

TABLE OF CONTENTS

Fall Conference to be Held at The Sagamore, Lake George click here
President’s Message click here
Government & Legal Affairs Report click here
NYSAC Web Site Update click here
Mausoleums on the Market click here
Sal Page Named Newest Cemetery Board Member click here
Kensico Cemetery Earns Communication Awards click here
2002 Spring Conference a Great Successclick here
Larry Sloane Honored click here
In Memoriam Ed Hand click here
In Memoriam Ervin F. Lyke click here
Fishman To Become President click here
St. Agnes Cemetery Dedicates Memorial to September 11 click here
Green-Wood Cemetery’s Memorial Day Concert a Great Success click here

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Fall Conference to be Held at The Sagamore, Lake George
The New York State Association of Cemeteries is proud to present the 74th Annual NYSAC Fall Conference at The Sagamore Resort on Lake George in Bolton Landing, New York. This year’s program includes keynote presentations on Monday and Tuesday:
Monday’s Keynote Speaker, Thomas J. Winninger, will explain how clients make purchase decisions and what tools can be used to motivate them to select your cemetery by highlighting company values rather than prices.
Tuesday’s Keynote Speaker, Todd W. Van Beck, will discuss how cemeteries fulfill the needs of their communities as caregivers and caretakers. His presentation will include case studies from the September 11, 2001, attack in New York City, and focus on one major idea: how a community cares for its dead will ultimately translate into how they care for the living.
If you would like to download any of the forms or information found in this brochure, please visit our Calendar of Events page at www.nysac.com.
Don’t miss this great event. You will receive industry updates and information in a wonderful Adirondack setting while enjoying time with fellow professionals and friends.

President’s Message
Summer is fast approaching and it’s hard to believe that half of the year is gone already. It’s time to start thinking about our Fall Conference which will be here before we know it. The conference chairman, Joe Dispenza, has been working very hard to make this not only fun but informational as well. So put this date on your calendar of special events, September 28 thru October 2, 2002 at The Sagamore Resort in Lake George/Bolton Landing, New York. At this event you will have the opportunity to see some of the items available to us from our suppliers and also have a chance to brainstorm with fellow cemeterians. For those of you who like to golf there will be a golf outing and shops for the shoppers.
Our industry has lost a lot of fine people this year, which is all the more reason to come together and enjoy each other’s company. I hope you all enjoy your summer with family and friends and if you are traveling, please be safe.

See you in the fall.
Bobbie Gerdus
President

The following bills have been introduced by NYSAC:
A.10568-Tokaz/S.2021-Marchi. This bill would permit the Modified Return concept to be used on Permanent Maintenance and Perpetual Care funds. This bill has been referred to Corporations on 3/25/02 in the Assembly and in the Senate on 5/7/02 was ordered to third reading.
A.10570-Tokaz/S.2546-Marchi. This bill would permit cemetery corporations to reclaim graves under certain circumstances, upon application to and approval by the Attorney General. This bill has been referred to Corporations on 3/25/02 in the Assembly and in the Senate on 5/7/02 was ordered to third reading.

With NYSAC’s new web site, you can now track any bill affecting the cemetery industry. Simply go to www.nysac.com and go to Government & Legal Affairs. Pick “Current Bill Watch”, take any bill, and you can get the up-to-the-minute status of that bill.

The following regulations are being monitored:
Directive 201.12- Holiday Burial. To amend the directive to state that “cemeteries will make every effort to make burials on holidays for religious reasons.”
Sale of Vaults. The Cemetery Board has sent new regulations to GORR (Governor’s Office of Regulatory Reform) for their approval.
Pre-Construction Regulations. The Cemetery Board is drafting regulations for pre-construction that will require 50% escrowing of pre-construction sales.
The Anti-Combination Law Suit has been reassigned from Chief Judge Frederick J. Scullin, Jr. of the Northern District, to Senior U.S. District Judge Howard G. Munson. Our case is one of ten cases reassigned on March 21, 2002. We are awaiting his ruling.
Frank F. Giglio, Chairman

Support NYSAC Government & Legal Affairs Efforts
Dear Cemeterians and Suppliers:
On behalf of the New York State Association of Cemeteries, we are requesting your generous support of our Legal Fund. As an association, we are doing more then before with the Legislature and the State Cemetery Board, yet we face even greater challenges.

During this current session, we are monitoring many bills. We need your financial contribution to our association’s Legal Fund in order to maintain our current high level of involvement and to support lobbying efforts.

Your help is needed and will be greatly appreciated. If you are a cemeterian we ask you to consider a contribution equal to one dollar per interment, made each year. Or if you are a supplier please be as generous as possible. NYSAC is YOUR representative – here to protect the interests of all cemeterians.

Please make your check payable to NYSAC and mail to: New York State Association of Cemeteries, Legal Fund, PO Box 702, Latham, NY 12110
We thank you in advance for your continued support and cooperation.
Sincerely yours,

NYSAC Web Site Update
The new NYSAC web site is up and running! A committee of Rich Moylan, Chet Day, Rick
Touchette and Al Vittum has been working during the year to get a web site launched for
NYSAC. The site designer is Heather Otis who also produces The Broadcaster.

The site is mainly aimed toward members of NYSAC. It includes the current membership information for both cemetery members as well as our suppliers. There are links to both cemetery and supplier web sites. If you want your cemetery or company to be linked, contact Heather through the link on the site.

One of the most helpful features of the site is the current status of all the bills that are in Albany that pertain to cemeteries. You can pick any bill and see what activity has happened on it to date. If you look at the Government and Legal Affairs section, you’ll be surprised to see how many bills there are that could affect us!

There is a section telling about NYSAC and an application for membership that can be completed and printed directly from the site. In addition, there are some Frequently Asked Questions about NYSAC and the cemetery industry. What’s more, the entire New York State Cemetery Law as well as the Bylaws of the New York State Association of Cemeteries is included, so if you have a question, and have misplaced your membership directory, you can find your answer within this web site!

Conference information of not only NYSAC, but also ICFA and CANA is also available through the site. We will have all registration materials, brochures and forms available on-line for NYSAC’s upcoming conferences. Looking for something that you saw in a past issue of the Broadcaster? You can find it here on this site!

Finally, we are still working on a Members Only section where you will be able to post messages on a bulletin board. When it’s launched, you will be able to post messages or questions to other members. The site could be used for “help wanted” or if a cemetery is looking for some used equipment (or has some for sale) it could be posted on the member’s bulletin board.

Our web site is new and there are still changes being made to it. If you have questions or comments about the site, or have some ways that it can be improved, please send them on to al.vittum@choiceonemail.com. But most importantly, as soon as you are finished reading this edition of The Broadcaster, go to the Internet and look at www.nysac.com!

Mausoleums on the Market
The Woodlawn Cemetery has just put one of its historic mausoleums on the market. In 1908, John Russell Pope, the architect who designed the Jefferson Memorial and the National Archives was commissioned to oversee the construction of a suitable memorial for William Bateman Leeds, a wealthy New York businessman. Leeds was the only family member entombed in the beautiful Greek revival pink marble building. Early this year his granddaughter, and owner of the mausoleum, decided to move his remains to a family plot in Indiana and to donate the building to the Friends of the Woodlawn Cemetery.

In May, the mausoleum went on the market with ads appearing in the Wall Street Journal and New York magazine. The New York Times followed up with a major article on the issues facing historic cemeteries (June 3, 2002, Real Estate Section) and the publicity has generated many calls from families interested in the five million dollar mausoleum. According to cemetery Vice President Steven Sloane, “This opportunity has brought us in touch with families interested in building or buying major mausoleums. Callers traditionally ask for price and space details and then they always want to know if we have other mausoleums that have had more than one owner.”

The Woodlawn Cemetery has over 1200 private mausoleums and over the years several of the buildings have transferred title to new owners. JC Penney, department store entrepreneur, purchased an eight-catacomb mausoleum from Mrs. Randolph Hearst in 1960 after she built a second, larger structure to accommodate several generations of her family. Dr. Norman Vincent Peale purchased his Woodlawn mausoleum in 1956 from the family of Carl Fowler after he was moved to a National Cemetery. Two of the largest mausoleums in the cemetery have had previous owners. The Julius Manger Mausoleum, a spectacular renaissance revival domed structure, was built in 1927 at a cost of $262,000 by its original owner, Dominico Dumbra. The largest “Parthenon” in The Woodlawn Cemetery now bears the name of Joseph Paterno; when the building was first completed in 1912 it belonged to William Bradley.

A majority of the proceeds from the sale of the Leeds mausoleum will be used to establish a restoration fund for The Woodlawn Cemetery. This major gift will allow the Friends to support the restoration of monuments and mausoleums in addition to preserving historic signage and other historical projects in the 139-year-old cemetery.

Sal Page Named Newest Cemetery Board Member
John Eadie left the Cemetery Board a few months ago.
We are honored to have his replacement named and The Broadcaster would like to introduce to you the newest designee from the Department of Health. Salvatore (Sal) W. Page has attended the past several Board meetings and many people had a chance to meet him for the first time at the Desmond in Albany this past May. Below is Sal’s bio.

BIOGRAPHY
SALVATORE W. PAGE
ASSOCIATE COMMISSIONER
NEW YORK STATE DEPARTMENT OF HEALTH
WESTERN REGION

Mr. Page, a native of Buffalo, New York, received his Bachelor of Science, Master of Science, and Post-Master Specialist in Administration from the State University of New York at Buffalo.

He first joined the New York State Department of Health in 1997 as Director of State Medicaid Quality Assurance and Audit. In 1998 he returned to Western New York to pilot Medicaid Operations and Audit in the Western Region. In 1999 he was appointed the Department of Health Western Region Associate Commissioner and assumed responsibility for providing direction and oversight to the 17 county region of Western New York.

In this position he oversees the management and operation of eight program areas with oversight of all hospitals, nursing homes, diagnostic and treatment centers, home health care agencies, hospice organizations, HMOs, emergency medical services providers, physicians, and physician assistants. He also manages and directs numerous public health programs which include many dealing with environmental, family health, and disease related issues. These programs require close interaction with all County Health Departments and health care providers throughout Western New York.

In addition to his years with the State Department of Health, Mr. Page has a vast range of experience with state government. Prior to joining the Department of Health, he was Deputy for Administration for Attorney General Dennis Vacco. Previous to that position he served as Executive Assistant to the State Comptroller. He also has considerable experience in local government including many years of service with both the Erie County Department of Health where he rose through the ranks from Projects Coordinator to Deputy Commissioner and the Erie County District Attorney.

Kensico Cemetery Earns Communication Awards
Kensico Cemetery in Valhalla, NY was recently awarded three honors from two regional
communication associations for annual report writing and photography.

The Association for Women in Communications/Westchester Chapter presented to Kensico Cemetery a silver award in the photography category at ceremonies held in April. The Advertising Club of Westchester presented to Kensico Cemetery a silver award for photography and a silver award for corporate design/annual report at ceremonies held in May.

Entitled “The Big Picture”, the 12-page, four-color publication presents an overview of the Cemetery’s purpose, philosophy and vision as a rural cemetery through the use of panoramic photographs accompanying an interview with Kensico President Chester S. Day.

The annual report was produced by The Sutton Partnership of Old Greenwich, CT. The editor/photographer for the project was Judith C. Mitchell. This is the sixth consecutive year that the Kensico annual report has garnered honors for its annual report.

2002 Spring Conference a Great Success
The annual spring Public Affairs Seminar was held on May 6 and 7, 2002 at the Desmond Hotel in Colonie, New York. 93 attendees came for the two-day conference where they were updated on the progress of legislation on bills affecting the cemetery industry as well as learning valuable information from a host of excellent speakers. Once again, Chet Day and Rick Touchette planned a solid conference from which everyone left better informed than when they arrived.

The Seminar began at 1:00 PM with the New York State Cemetery Board meeting. Many people came to listen to the proceedings of our regulators. It was during that meeting that Richard Fishman, Director of the Division of Cemeteries told the group that there currently is no state law requiring the use of a casket. He suggested that cemeteries should consider putting that provision in their by-laws if it currently is not there.

The ever-popular Timothy Griffin, Esq., Attorney at Law in Bronxville, NY spoke on many current legal developments of interest. It was evident that he had spent hours preparing his talk, and had great handouts that will be invaluable for all cemeteries.

Vincent Farrell, Jr. was a new speaker to the group. He talked about the economy and various investment strategies that could be used by cemeteries. Mr. Farrell is a Principal with the Victory SBSF Capital Management group and has been featured on several business television shows as a financial commentator. In keeping with the traditions of the recent financial speakers, Mr. Farrell concluded his presentation with some “picks” of stocks to consider buying. His picks were simply suggestions, and NOT guarantees!

The remainder of the first day was spent with presentations by both the Government and Legal Affairs Committee and the Cemetery Board Designees. One of the strongest aspects of the spring seminar is the opportunity for attendees to learn first-hand about the status of the legislation that NYSAC is supporting and opposing. In addition, the conference gives everyone a chance to meet, not only the Cemetery Board, but also the staff of the Division of Cemeteries. The personal contact between cemeteries and these two bodies has strengthened our relationships dramatically over the years. This conference was no different, and both “sides” listened to each others’ opinions on various issues.

We were honored to have the new Secretary of State, Randy A. Daniels as the speaker at the banquet on Monday night. It was the first time he had spoken to this group and it was our honor to have a person in such a high position speak to our Association.

The second day began with Peter Treiber, The Treiber Group who explained to the assembled group the reasons for escalating insurance costs after September 11. He told the group that for budgeting purposes, cemeteries could expect insurance costs to increase by as much as 15-25% next year.

Steven Sklar, the Director of Cemetery Oversight in the state of Maryland was the next speaker and told the groups about the differences and similarities between the regulations in Maryland and New York. It was a most interesting speech, and he finished it with his list of Nine Reasons Why Responsible State Regulation is Good.

The excellent two-day meetings concluded with a session on regulatory issues for 2002. Daniel Shapiro, Department of State and Chairman of the Cemetery Board, as well as members of the Division of Cemeteries spent the rest of the morning in an open discussion concerning upcoming regulations. As always, it is with open forums like this that makes our relationship so strong. Everyone who wanted to have input on any issues facing the industry had the opportunity to do so.

The Seminar was an excellent one and everyone went home feeling as if they had learned a lot of new information. In many cases, there were lots of new contacts made with cemeterians throughout the state. If you have never had the chance to attend the Public Affairs Seminar, you should plan to do so. The next one is May 5 and 6, 2003. We hope to see you there!

Larry Sloane Honored
The person who organized the first spring Government and Legal Affairs Seminar was
honored at the closing banquet at the Desmond Hotel in Albany on May 7, 2002. Larry F. Sloane (L.F.Sloane Consulting) was presented a Steuben glassware obelisk in honor of his work with NYSAC. Larry was the original organizer for the spring seminar 25 years ago when he recognized the need for our Association to become closer involved with legislation that affects the cemetery industry throughout New York State. Larry spent an incredible amount of time over the next 20 years lining up great speakers, legislators and politicians. His conferences were always most informative and the entire Association passes on their thanks for a job well done. Thanks, Larry!

In Memoriam Ed Hand
The Division of Cemeteries was dealt a second blow when Ed Hand died suddenly. Hand passed away only a few months after Mike Itzo, who was the Assistant Director at the time. Ed was 61 years old and was the Chief Investigator for the Division. He was based in Albany, but traveled throughout the entire state.

Ed began his career as a funeral director in New York City. He moved to the Department of Health in the Funeral Directing Division and eventually came to the Division of Cemeteries in 1983 as an investigator. He was named Chief Investigator a few years after joining the Division.

Ed had two investigators working for him. The job description of Mr. Hand’s duties included handling complaints, inspecting cemeteries, crematories, and vandalism claims. In addition, Ed was the person who would do all the back ground work whenever there were land purchases or sales of cemetery property as well as work with any corporations who were proposing to develop a new cemetery. He was often found doing legal research for both the Board and the Division.

In his free time, Ed enjoyed video taping and had his own company. He spent lots of time evenings and weekends filming weddings and other events throughout the Capital District. He was also politically active in his community of Steventown, NY. He had served as a Council Member, sat on the Planning Board, and was a member of the Library Committee.
He leaves a wife, Harriett and a daughter, Rosemary, who is now living in Ed’s house and expecting a child shortly.

Ed will be deeply missed by all the cemeteries he served. His thorough ways kept every cemetery on their toes, and it was because of his love of the job that the standards of operations in many New York State cemeteries were elevated to the highest levels.

In Memoriam Ervin F. Lyke
Ervin F. “Erv” Lyke (83) died suddenly on May 15, 2002. Lyke was the President of White Haven Memorial Park in Rochester from 1976-1993. He was an active member of NYSAC and served on its Board of Directors. At the time of his death, he was still on the Board of Directors of White Haven where he served as Chairman of the Board.

Lyke’s career started in broadcasting. He was an engineer for CBS radio in New York City where he produced many live broadcasts of the Glenn Miller Band and Helen O’Connell, vocalist.

He moved to Rochester in 1947 and started radio station WVET. When television came along, he knew it was the medium of the future and eventually built WVET-TV which eventually became WROC-TV. He left broadcasting in 1975 but wasn’t ready to retire yet, so was asked to serve as President of White Haven, where he had been on the Board for many years. It was through his leadership that White Haven grew dramatically in the 70’s and 80’s.

In his free time, Mr. Lyke was an avid sailor. His 40’ sailboat (Audacity) won hundreds of races on Lake Ontario and at the Rochester Yacht Club. His greatest thrill was winning the Lake Ontario International- a 240 mile race around Lake Ontario.

Lyke is survived by his wife of 60 years, Betty; Daughter (Andrea L. Vittum- President of White Haven); Son-in-law (Al Vittum- Vice President-White Haven); and two grandchildren. Donations in Lyke’s honor can be made to the Memorial Gift Fund, White Haven Memorial Park, 210 Marsh Road, Pittsford, NY 14534 or to a favorite charity.

Fishman To Become President
It was announced at the Spring Seminar in Albany that Richard Fishman, Director of the Division of Cemeteries in New York will become the new President of the North American Cemetery Regulators Association. He will be installed at their annual meeting this August in Ft. Lauderdale. NYSAC is honored to have our Director become the leader of that large group, and our heartiest congratulations go out to Rich. We hope that he will be able to show other states how the flow of communications in New York State between the Division and the cemeteries produces good results for the regulators, cemeteries and the families that we all serve.

St. Agnes Cemetery Dedicates Memorial to September 11
On May 26, 2002, Rev. Joseph G. Busch dedicated an American flag
and a bronze memorial to those lost on September 11, 2001.

The Cemetery flies this twelve by eighteen foot American Flag to keep faith with all those who gave their lives in the tragedy of September 11 as well as those who continue to suffer due to the loss of their loved ones on that fateful day. This flag, the symbol of national pride and national unity, represent to all who observe it in the sacred setting of St. Agnes Cemetery a beacon of hope and faith in the constancy of our land and the God in whom we trust.

The memorial plaque reads:
AMERICA

In response to the promise of liberty, opportunity, justice, and the freedom of religion, we left our native lands which we loved so dearly and, coming from the farthest corners of the world, we arrived in America.

We fished in her waters, farmed her fields, worked in her factories, sold its products and realized that here in this beautiful land we had fulfilled our hopes and dreams for ourselves and our children, now united as one people, we work toward our goal of living as equal Americans.

God bless America and the good people who made her strong.

We will never forget September 11, 2001.

Eternal Rest Grant unto them O Lord, and let perpetual light shine upon them.

May they rest in peace.

Green-Wood Cemetery’s Memorial Day Concert a Great Success
On Memorial Day, May 27, 2002, The Green- Wood Historic Fund hosted its fouth annual free concert, “America’s Spirit and Hope.” After Richard J. Moylan, President of the Cemetery, welcomed everyone, the voices of The Great Day Chorale joined together for several selections, including “Lift Ev’ry Voice and Sing,” by James Weldon Johnson (interred at Green-Wood) and his brother, J. Rosamond Johnson. The sounds of the Fanfare Trumpets of the U.S. Merchant Marine Academy, carried across the cemetery’s rolling hills. The 54-piece Goldman Memorial Band performed compositions by Louis Moreau Gottschalk, Leonard Bernstein, and Claudio Grafulla, all of whom are interred at Green-Wood, and featured Captain Ken Force’s new composition, “Heroes of New York” dedicated to the victims of the World Trade Center attack, with special guest conductor, Brooklyn Borough President Marty Markowitz. Captain Force, President of the Goldman Band, also delivered his usual masterful narration of the proceedings. Honored guests included several families of the 53 September 11 victims who have been buried or cremated at Green-Wood.

This concert was the Historic Fund’s most successful yet, with a crowd of more than 2,000 gathering for the occasion. Sales of hot dogs (appropriately, Charles Feltman, who invented the hot dog, lies at rest at Green-Wood), cannolis, books, maps, and self-guided walking tours were brisk, and contributions to the Cemetery’s Historic Fund, a 501[c](3) entity, also set a record.

Many sponsors made the event possible, including the Independence Community Foundation.