Broadcaster Summer 2006
TABLE OF CONTENTS
This year’s conference can only be described as FIRST CLASS! click here
Presidents Message click here
NYSAC Maintenance Seminars click here
Forest Hill Cemetery Holds a Photo Contest click here
Creative Sources of Cash click here
NYSAC GOVERNMENT AND LEGAL AFFAIRS UPDATE click here
CELEBRATING THE ASPCA’S 140TH ANNIVERSARY click here
Matthews Adds Now and Forever Crypt Plates to Lasting Memories™ Line click here
Niches: A Clear Cut Revenue Generator click here
Jonesville Cemetery Keeps in Touch with Lot Owners to Buy a New Fence click here
Industry Leaders Team Up for Lasting Memories™ Consumer DVD click here
Celebration: Dancing in the Cemetery! click here
Introducing United States Memorial Company (USMC) click here
Meet Francine James The newest member of the NYS Cemetery Board click here
Metropolitan Cemetery Association Holds Annual Seminar and Exposition click here
Active Hurricane Season Predicted For 2006 click here
Highlights of the 29th Annual Public Affairs Seminar click here
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PDF File of entire Broadcaster Summer 2006
This year’s conference can only be described as FIRST CLASS!
All the conference elements, including programming, accommodations, meals, golf, and free time activities have been carefully selected and arranged.
Your program includes experts who will present such topics as:
· Dealing with the Broadcast/TV Media
· Securing Free Publicity
· Trust Fund Management Tools and Ideas
· Disaster/Pandemic Planning for Cemeteries and Our Staff
· Government and Legal Affairs Updates
· The “State of the State” address by Mr. Richard Fishman, Director of the Division of Cemeteries
The Hershey Hotel is an historic, elegant realization of Milton Hershey’s dream, a hotel that can rival the finest in the world. Here you will find dining for just about every taste, anytime of the day or night, with the award-winning Circular Dining Room, The Fountain Café, Clubhouse Café, Iberian Lounge and The Cocoa Beanery.
For the non-meeting hours, the Hotel Hershey offers swimming, tennis, jogging, cycling, mountain biking, carriage rides, The Spa at Hershey Hotel as well as the amusement park. For complete information on the many amenities and activities, please visit www.hersheypa.com.
All of this is available, plus visiting with old friends, making new ones, as well as refining and refreshing our operations with the very latest from our loyal suppliers.
Don’t delay – reservations and rooms are limited and will surely sell out – register today.
Presidents Message
Dear Members,
With summer winding down, I hope all of you had a good summer. For those of you who did not attend our Annual Government and Legal Affairs Seminar in Albany on May 1 and 2, you missed one of the best programs in a very long time.
Kevin Boyd, our First Vice President and seminar chairperson gave us a very diversified, interesting and informative program. For those of you who did attend, you know what I’m speaking about!
I know that Joe Dispenza has formulated a very exciting program for our Fall Conference at the beautiful Hotel Hershey in Hershey, Pennsylvania.
If you haven’t registered yet, I strongly urge you to do so. Let’s make this year’s conference the biggest and best conference ever.
As my term of President is coming to a close, I would like to thank the Board and all the Directors for their support and hard work. I would also like to thank Beth Seme and her staff for their fine work.
Hope to see you all in Hershey.
Very truly yours,
Harry Caretsky, President
NYSAC Maintenance Seminars
The New York State Association of Cemeteries conducted maintenance seminars in conjunction with the New York State Turfgrass Association (NYSTA) regional seminars on February 27 in Suffern (Rockland County), March 6 in Buffalo, and March 30 in Lake Placid. At all three regional seminars, attendees were eligible to attend both the NYSTA general and breakout sessions, attend the numerous trade show breaks, enjoy lunch with other cemeterians and turf maintenance professionals, and attend the one or two cemetery maintenance breakout sessions moderated by Gino Merendino of Merendino Cemetery Care.
Attendees at the cemetery maintenance sessions exchanged ideas and compared notes on such topics as equipment recommendations, funeral management, manpower management, grave openings, closings, and restoration. The seminars offer cemetery managers a unique chance to discuss with one another the unique problems they face on a regular basis and perhaps learn new potential solutions to those problems. They also have an opportunity to learn from other turfgrass professionals how to better manage the many acres of lawn for which they are responsible.
Forest Hill Cemetery Holds a Photo Contest
Forest Hill Cemetery of Utica N.Y. held its first annual photo contest for the month of
February 2006. The contest was a great success. Photographers registered at the office first, then walked around the cemetery grounds, looking for the perfect picture. Almost 50 pictures were submitted and were judged by a local professional photographer. 1st place received $100.00 dollars, 2nd place $50.00, and 3rd place $25.00. All entries are on our web site at www.foresthillcemetery.org.
All Participants were very excited and energetic about this project. Hopefully we will be doing this for years to come. This is just another way of generating interest in the history and beauty of the cemetery. Also, the cemetery keeps all the pictures for documentation and for future sales work.
Creative Sources of Cash
The vast majority of New York State cemeteries are strapped for cash. In the next two articles you’ll read about two cemeteries that found creative sources of cash for critical cemetery improvements. Read about Cemetery of the Highlands’ new office building below and Jonesville Cemetery’s new fence on page 7.
Cemetery of the Highlands Makes Good Use of Cell Tower and Grant Revenue
By JoAnne Ryan
It has only been five short years since the installation of a cell tower on the cemetery grounds, but what a busy five years it’s been.
With still only three co-locators on the monopole, the Cemetery of the Highlands has been granted almost every item on its “wish list”. The most unexpected and yet most needed was a new administration building. Construction on the building began in July of 2005 and was completed in December of the same year. With some help from a grant made possible through Senator William J. Larkin’s office, the new facility offers handicap accessible bathrooms, a conference room and the potential of a small chapel for future use.
With a dedication ceremony scheduled for August, 2006, the response from the community has been overwhelming. “It’s such a pleasure to be able to meet with families and conduct business in a more professional atmosphere, rather than on the hood or backseat of a car” says JoAnne Ryan, Administrator of the cemetery.
The next project underway is the first phase of an 18 acre expansion. Stay tuned for future updates on its progress.
JoAnne Ryan is Administrator of Cemetery of the Highlands; jryan10648@aol.com.
NYSAC GOVERNMENT AND LEGAL AFFAIRS UPDATE
The NYS Government & Legal Affairs Committee has been hard at work this session on the agenda set by the Association. A special thanks to David Fleming for his hard work in serving our Association.
Listed below are the bills monitored by NYSAC this year and the progress made:
A.6327-Brodsky/S.4547-Leibell – requires cemetery corporations seeking to act as crematories to obtain approval from the state cemetery board and their operations to be regulated: LAST ACTION - Passed in both the Senate and the Assembly
A.6529-Destito/S.3305-Wright – provides that cemeteries shall not refuse or deny the right of burial due to closure during the winter months, same language as the current directive: LAST ACTION - Passed in both the Senate and the Assembly
A.10876-A- Brodsky/S.7713-A-Leibell – this bill codifies the “ECI” rate process: LAST ACTION - Passed in both the Senate and the Assembly.
A.6209-A-Brodsky/S.4537-A-Leibell- permits a solvent cemetery Corporation to assume responsibility for the maintenance of an abandoned cemetery and make funds available from the state cemetery
Vandalism fund: LAST ACTION – Passed the Senate; held in Committee on Ways and Means in the Assembly, Speaker Silver had concerns with the bill and that it would be delayed until a later date.
CELEBRATING THE ASPCA’S 140TH ANNIVERSARY
Green-Wood Cemetery’s Historic Fund certainly sponsored many significant events this past year: our annual Memorial Day Concert, a full schedule of historic tours, our best yet penhousenewyork. But, the highlight of the year was our many-faceted celebration in honor of the American Society for the Prevention of Cruelty to Animals (ASPCA).
Henry Bergh, the founder of the ASPCA, is interred at Green-Wood Cemetery. Bergh was an interesting character—though he had no pets and no children, he founded the ASPCA, the first humane organization in the Americas, and though he had no children, he helped found the Society for the Prevention of Cruelty to Children, organizations to protect both animals and children from abuse.
When the ASPCA was looking for a place to display its unique archives, as part of its 140th anniversary celebration, it came to Green-Wood Cemetery. And we were happy to oblige, offering our Historic Chapel as the venue. On May 6, we unveiled an exhibit, designed by cemetery superintendent Art Presson and curated by Jeffrey I. Richman, cemetery historian, and Valerie Angeli, ASPCA archivist. The exhibit, which is open free to the public through July, features an oil painting of Henry Bergh, Bergh’s own diaries, archival photographs, and a full scale model of a horse ambulance. Interestingly, Bergh started the use of a horse ambulance on New York City’s streets in 1867; it was not until two years later that Bellevue Hospital put into service New York City’s first ambulance for humans.
The May 6 ASPCA event at Green-Wood also featured an honor walk, led by two mounted police horses and twenty or so dogs (the latter permitted by invitation only and allowed in the cemetery for the first time in its history). The walk, in which several hundred people participated, worked its way across the cemetery grounds, stopping along the way to honor early patrons of the ASPCA at their gravesites and to see several monuments to dogs. It culminated at Henry Bergh’s grave, where a sculpture, dating from the 1950’s, and which formerly hung on ASPCA headquarters, was unveiled and rededicated. That sculpture, which was seen by millions as they drove by that headquarters along Manhattan’s FDR Drive, has been installed on the cemetery hillside just below Bergh’s mausoleum, with appropriate landscaping, and is now on permanent loan to the Green-Wood Historic Fund.
In all, May 6 was a remarkable day at Green-Wood Cemetery. And the day was all the more rewarding because it was the product of hard work by many cemetery employees, from iron workers to landscapers, from painters to spacklers. It allowed Green-Wood Cemetery and the ASPCA to pay their respects to one of Green-Wood’s permanent residents who changed the world, a man who, before this exhibit, was remembered by too few.
Matthews Adds Now and Forever Crypt Plates to Lasting Memories™ Line
Matthews International Corporation is expanding its line of Lasting Memories™ products to include Now and Forever® crypt plates. The plates, which provide immediate then permanent cast bronze memorialization for people who select mausoleum entombment, can be manufactured to include finely-detailed photo images on the top of the frames.
“Lasting Memories™ Now and Forever® crypt plates beautifully combine two of Matthews’ most innovative products,” remarked Dave Jones, Matthews’ vice president of sales and marketing. “These crypt plates are ideal for cemeteries and memorial parks that wish to personalize their crypt front memorialization with an image of significance to their individual properties. For example, if a property’s logo is a dove, we can take a photograph of a dove and reproduce it as a Lasting Memories™ image on each Now and Forever® frame to give the crypt wall a beautiful uniform appearance.”
For more information about Lasting Memories Now and Forever Crypt Plates or Matthews’ complete line of highly personalized, cast bronze memorial products, contact your Customer Service Representative at 888-838-8890 or visit the company’s web site at www.matthewsbronze.com.
Niches: A Clear Cut Revenue Generator
By: Tom Santillo, Matthews International Corporation – Bronze Division
If you are looking for a clear-cut revenue generator for your property, consider the installation of niches. They provide many benefits to properties and the cremation families you serve.
The installation of niches can generate a 7 to 10 times return on the initial investment. If a property installs 100 niches and charges an average of $2,000 per niche, that’s $200,000. When the cost of the niche unit is deducted — $20,000 — that leaves $180,000 in total revenue for the property. That’s not bad for a $20,000 investment.
Niches allow properties to convert unconventional spaces such as lobbies and hallways into income producing areas.
Representatives from Westhampton Memorial Park & Chapel Mausoleum, in Richmond, Virginia, effectively converted unconventional space into glass-front niches. Westhampton replaced the two windows separating the chapel and crypt areas with glass-front niches to provide premium memorialization for cremation families. Custom, glass-front niche units, each with 26 individual and companion openings were installed in place of each window.
“The niches offer us a two-fold benefit,” explained Westhampton’s General Manager Rich Miller. “They give us additional high-end niches to sell and they’ve added a touch of class and elegance to the chapel area.”
Niches also enable properties to add inventory and produce revenue in older buildings as well as in newly constructed mausoleums and expanded buildings.
Cave Hill Cemetery, in Louisville, Kentucky, had a building that was being under utilized when the office personnel moved into a new building. It was converted into a Columbarium Building with three individual rooms accommodating a total of 750 niches. Many different niche sizes and styles were installed in the building including those with glass and marble fronts.
An increasing number of cemeteries are offering cast bronze niche fronts that depict inspirational images, nature scenes or Biblical images. They not only provide a premium form of cremation memorialization for families, but they become beautiful features for properties. Additionally, with traditional niches, the openings near the top do not command premium prices, however with cast bronze niche fronts, there is usually a high level of detail near the top and people who want to be near the detail are willing to pay a premium price for the niches near the top.
In terms of premium memorialization, it is important to note that in 2004, when the Wirthlin Group conducted its study of American Attitudes Towards Ritualization and Memorialization, they found that only 30% of the people who chose cremation did so because they perceived it as less expensive. The other 70% cited reasons such as: cremation uses less land as well as it is simpler, less emotional and more convenient.
Cremation families are willing to spend money on products and services – even premium products and services. Therefore, you may want to offer premium niche designs that are meaningful to the communities you serve.
Chapel of the Chimes in Oakland, California was interested in targeting a predominately Asian community with their niches. With the customer’s input, Matthews’ product design and development team created the Bamboo Trellis niche concept with a combination of granite and glass fronts.
Summary
If you are considering the installation of niches, there are three action steps you can begin today.
1. Evaluate your space. A niche unit can be placed practically anywhere.
2. Include niches in new construction. If you are planning to construct a new mausoleum or expand an existing one, be sure to include niches in your plans.
3. Consider premium designs or decorative fronts to offer cremation families truly premium memorialization.
Finally, begin planning today because cremation is now becoming a larger part of our businesses!
Jonesville Cemetery Keeps in Touch with Lot Owners to Buy a New Fence
By Ed Hughes
It’s a nice old cemetery” was one of the responses to a survey conducted by the Jonesville Cemetery in Clifton Park, NY. Established in 1864, the cemetery with its 11.4 acres of hills and magnificent trees has a pleasant feel for all visitors who drive the dirt roads up, around and past the old marble and granite flat markers and the shiny ebony and rose tributes to loved ones. Yet, it wasn’t until recently that property owners began to express their feelings for this treasure. Maybe they just needed to be asked.
The 1910 rusted, iron fence, even with repeated wiring to keep the support posts up, gave in to winters’ snows from the nearby Ushers Road. The Jonesville Cemetery Association (JCA), a conservative group to be sure, had talked about a new fence but did not want to use any of the property owners’ money. They had never before gone to property owners to ask for money for a capital campaign.
Still, the Directors had made the leap into the internet age by having a web site, had developed a brochure, and had started a newsletter, all signs that keeping in touch is one of the keys to information and support. So, JCA moved forward with a mailing to as many deed owners as they could locate. Within a few weeks, nearly $12,000 was donated to the project fund with an additional $3,000 given years ago to a special projects fund by three or four donors. Then, the money stopped as quickly as it had begun, yet the cost of the fence was $25,000. Where would JCA find the funds?
As though someone were listening, JCA received a letter from an area lawyer who knew nothing of the fund drive. His client, who had passed away months earlier, been interred in Jonesville, and had never heard of the new fence project, had left some money to the cemetery for the repair of the rusted fence.
John and Norma Davey, president and treasurer of JCA, were naturally grateful for the bequest, but how much would the cemetery receive? Many have discovered that coincidences are meant to be, some say as contacts from those who have passed. Sure enough, the check to the cemetery from this last donor was for $10,000.
Ed Hughes is the vice president of the Jonesville Cemetery Association. www.cliftonpark.org/jonesvilleca
Industry Leaders Team Up for Lasting Memories™ Consumer DVD
Matthews International Corporation teamed up with noted industry marketing professional Gary O’Sullivan to produce a DVD for counselors to show to families as an introduction to Lasting Memories™ memorials. The 90-second presentation also serves as a transition into the design process.
“This brief video sets the tone for the memorial selection and design process emphasizing how true personalization can be achieved with the Lasting Memories memorials,” explained Lynn Illig, Matthews’ manager of marketing communications.
To order a free copy of the Lasting Memories™ Family Introduction DVD, contact your Matthews Customer Service Representative at 1-888-838-8890.
Celebration: Dancing in the Cemetery!
By: Edward Horn
St. Michael’s Cemetery, with the support of Gus Antonopoulos of Farenga Funeral Home, sponsored its second Scott Joplin concert. Performing were three great artists: Ruth Brisbane who has appeared on Broadway and venues around the world, Aaron Diehl a gifted Julliard graduate who has performed with Wynton Marsalis, and Terry Waldo, protégé of the legendary Eubie Blake.
Dr. Edward Berlin, author of academic texts and over one hundred articles on Joplin, ragtime and the times, presented a discussion featuring slides that highlighted the context of the era. His book “King of Ragtime: Scott Joplin and His Era” is the most thoroughly documented study of Joplin’s life and career.
St. Michael’s is dedicated to the belief that life is to be celebrated. We refuse to become a warehouse of the past. Adhering to this and to honor the American icon that was laid to rest in 1917 at the Cemetery, the concert was open to the public. Hundreds of Joplin fans and friends of St. Michael’s attended, sharing a glorious sunshine and blazing BBQ offering franks, hamburgers, soda and, thanks to Harlem Brewery, Sugar Hill Golden Ale. Celeste Beatty of Harlem Brewery is the great granddaughter of an artist who played with Joplin.
It was hard to imagine that anyone in attendance considered the location unusual. People sat on chairs, lay on the grass and danced. Steve and Joy Sabreila entertained everyone by showing off dance steps not seen by many. The joy they experienced translated throughout the crowd with many insisting that we ensure future notifications of upcoming events at St. Michael’s.
The great satisfaction for St. Michael’s as sponsor was the refusal by the crowd to allow the concert to end as scheduled. The artists were more than glad to play on. The appreciation of those who attended included five preneed sales, one by a family who said they would never consider a Cemetery that did not offer music, fun and the joy of life!
Introducing United States Memorial Company (USMC)
United States Memorial Company is a wholesale supplier of memorial products serving cemeteries,
monument dealers and funeral homes across the United States. Specializing in memorialization options manufactured from the highest quality bronze and granite materials, we offer a refreshing alternative to the large suppliers. Born from the demands of customers to have a viable alternative for their memorial needs, four individuals with over 100 years experience servicing this industry joined forces and formed United States Memorial Company, LLC. Teaming up with leading manufacturers across North America, we have put together an extensive product mix to meet the ever-changing needs of our customer base. With a commitment to offer the highest quality memorial products, the most knowledgeable and courteous customer service support and reasonable and reliable pricing, United States Memorial Company, LLC will become the supplier of choice for all your memorial options. For additional information please call Steve Skeba at 412-607-4547 or visit our web site at www.usmemorialco.com
Meet Francine James The newest member of the NYS Cemetery Board
Francine James is the Assistant First Deputy Attorney General to the New York State Attorney General Eliot Spitzer. In her current capacity, Ms. James has the responsibility of overseeing a government agency that employs approximately 600 lawyers and over 2,500 support staff. On a day to day basis, Ms. James handles a variety of managerial, policy and legal issues. Prior to joining the executive staff, Ms. James was in charge of the Attorney General’s Upper Manhattan/Bronx regional office. In her capacity as regional head, Ms. James developed programs, policy and initiated affirmative legal action that impacted directly upon the residents of that region.
Prior to joining the staff of the New York State Attorney General’s Office, Ms. James worked for Robert Morgenthau— the Manhattan District Attorney. She held the position of an Assistant District Attorney for eleven years. During her time at the District Attorney’s Office, Ms. James was responsible for the investigation and prosecution of felonies from arrest to final disposition or trial. During her time at the Manhattan District Attorney’s Office, Ms. James tried over 30 cases, developing specialties in homicide prosecution and sex crimes. While at the Manhattan District Attorney’s Office, Ms. James was a Criminal Court Supervisor who on a yearly basis-oversaw the training of approximately twenty assistant district attorneys in the prosecution of over 1700 misdemeanor cases. She trained homicide assistant district attorneys and did an extensive amount of community outreach on criminal justice issues.
Ms. James received a Juris Doctor Degree from the St. John’s University Law School in New York City and completed a Bachelor of Arts in Political Science at New York University, the College of Arts and Sciences.
Here are some of Francine’s thoughts on her position with the Cemetery Board:
Q: What was your reaction when you were first named to your position on the NYS Cemetery Board?
“I was delighted to be named to the NYS Cemetery Board. I followed the work of the Board through members of my office and was struck by the range of issues handled and the thoughtfulness that goes into resolving them.”
Q: What is the most surprising thing you have learned about cemeteries since being on the Board?
“Certainly disputes arise, but for the most part I was impressed by the close knit and collegial relationships which exist between those in the industry.”
Q: What do you see as the most important role of the Cemetery Board and how do you hope to be involved in achieving this goal?
“From my point of view, the Cemetery Board should be quick to spot important issues within the industry and be proactive in resolving them. We should be equally efficient in resolving matters brought before us for resolution.”
We welcome Francine to the Board!
Metropolitan Cemetery Association Holds Annual Seminar and Exposition
The Metropolitan Cemetery Association held its 2006 Annual Seminar and Exposition on Thursday, June 1 at the Milleridge Inn in Jericho, NY. More than 140 cemetery and supplier members participated in the event.
MCA board members elected for three-year terms were: Marisa Tarantino, Washington Cemetery, and Peter Ryan, Catholic Cemeteries, RC Diocese of Rockville Centre. Elected to a two-year term was Frank Mangual of St. Raymond’s Cemetery.
MCA officers elected for a two-year term were: Chester S. Day, The Kensico Cemetery as President; Dominic Castiello of Mount Hope Cemetery as Vice President, and Philip J. Tassi of Ferncliff Cemetery as Secretary/Treasurer.
Guest Speaker Bruce Feld, President of Mt. Pleasant Cemetery, recounted the fifty-year journey of the remains of Polish pianist and political activist Ignacy Paderewski from the time of his death in New York City in 1941, to temporary interment by Presidential decree in the U.S.S. Maine Memorial in Arlington Cemetery and—according to his wishes—-final burial in a free Poland in 1992.
Supplier members of the MCA donated gifts for raffles and described their products on display to seminar attendees who visited booths at the outdoor exposition. Proceeds from the raffle were donated to the Make-a-Wish Foundation of Greater New York ($1500) and Save Our Cemeteries, Inc. of New Orleans ($1500) to assist in the hurricane recovery efforts.
Active Hurricane Season Predicted For 2006
Will New York State be hit this year?
(Experts say the Atlantic Coast could be in the bull’s eye!)
Experts are predicting a very active hurricane season for 2006. The National Oceanic & Atmospheric Administration (NOAA) is predicting 13 to 16 named storms, with 8 or 10 becoming hurricanes, of which 4 to 6 could become “major” hurricanes of Category 3 strength or higher. If these forecasts are correct, the 2006 hurricane season could be comparable to the storm-filled seasons of 2004 and 2005 – the costliest on record. The north Atlantic hurricane season runs from June 1 through November 30.
On average, the north Atlantic hurricane season produces 11 named storms, with 6 becoming hurricanes, including 2 major hurricanes. In 2005, the north Atlantic hurricane season contained a record 28 storms, including 15 hurricanes. Seven of these hurricanes were considered “major”, of which a record 4 hit the United States. Nine of the last 11 hurricane seasons have been above normal.
Whether we face an active hurricane season like 2005 or a below-normal season, the message for every person is the same: prepare, prepare, prepare.
What can you do?
For individuals, Disaster Prevention should include:
· Developing a Family Plan
· Creating a Disaster Supply Kit
· Having a Place to Go
· Securing Your Home
· Having a Pet Plan
Information on these topics can be found on the following web sites:
National Hurricane Center - http://www.nhc.noaa.gov
(Hurricane Awareness and Preparedness) http://en.wikipedia.org/wiki/Hurricane_preparedness
American Red Cross - http://www.redcross.org
For businesses, hurricane preparedness should include:
· Disaster Planning and Recovery
· Protecting Your People
· Protecting Your Data
· Investing in Disaster Planning and Recovery
Information on these topics can be found on the following web sites:
· Disaster Recovery Planning.org (www.drplanning.org) and the Data Management Institute (www.datainstitute.org) are two comprehensive online resources for disaster recovery and data protector planning.
· Disaster Recovery Planning- http://www.foxnews.com/story/0,2933,197052,00.html
· U.S. Department of Homeland Security - http://www.fema.gov
· www.officedepot.com/getprepared
We at The Treiber Group are available, along with our resources and partner markets, to assist you with hurricane preparedness by drafting a Disaster Recovery Plan to meet your individual and business needs.
We are also available to assist you in the event you experience a hurricane related loss. Please contact us at any of the following numbers and we can help you get the claim process started. Phone: 516-745-0800, 800-234-8367 (outside NY), Fax: 516-745-0082
As the hurricane season progresses, we here at The Treiber Group will work to provide you with the most up to date data regarding the storms that may affect you as well as Insurance Carrier 24/7 Claim Reporting Numbers and Hurricane Claims Centers set up to handle the disaster.
For additional information please visit The Treiber Group web site at www.etreiber.com
Steve Buksa, Director of Technical Services for The Treiber Group, can be reached at sbuksa@etreiber.com
Highlights of the 29th Annual Public Affairs Seminar
On Monday afternoon, May 1, and Tuesday morning, May 2, the New York State Association of Cemeteries convened its 29th Annual Public Affairs Seminar at the Desmond Hotel in Albany.
Immediately prior to the beginning of the seminar, at 1:00 p.m. on Monday afternoon, the New York State Cemetery Board conducted its regular May monthly meeting. Seminar attendees were able to witness the New York State Cemetery Board conduct its regular monthly business and meet the newest member of the board, Ms. Francine James, the Attorney General’s designated representative from the Department of Law. Attendees also heard a presentation from Dr. Ralph Klicker, the director of Upstate New York Transplant Services (UNYTS). Dr. Klicker described his efforts and those of UNYTS to educate New Yorkers about organ donation including a cooperative program with cemeteries in which UNYTS literature would be made available to cemetery patrons who then could voluntarily complete a short survey regarding organ donation in exchange for a $10 gift card.
The Public Affairs Seminar began immediately following the public session of the cemetery board meeting with a 45-minute presentation by Mr. Richard Fishman, the Director of the Division of Cemeteries, who addressed the current agenda of regulatory issues with particular attention paid to cremation regulation and municipal regulation of cemeteries. The latter issue provoked considerable discussion as both Mr. Fishman and cemeterians expressed their concern with the increasing intrusiveness and cost of local regulation.
The seminar continued with a presentation by the NYSAC Government and Legal Affairs Committee. Mr. Frank Giglio and Mr. Steven Sloane, the committee chairman and vice chairman, respectively, were joined by Mr. James Featherstonaugh, Ms. Beth Clyne, and Mr. David Fleming of Featherstonaugh, Wiley, Clyne and Cordo, NYSAC’s political lobbying firm, to address pending legislative matters. With Mr. Giglio moderating the panel presentation, Mr. Sloane, as chairman of the Cremation Committee, reviewed the cremation regulation bill drafted by that committee while Mr. Fleming reviewed other legislation of interest including bills related to winter burials, abandoned cemeteries, monument sales, and a new bill designed to codify the annual ECI-based service fee increase process into law. Mr. Featherstonaugh provided an analysis of this November’s major political races for US Senate, governor, and attorney general, the latter two of which could have a significant impact upon the composition of the Cemetery Board (and Division) and the future regulatory climate in New York.
Following their presentation, Mr. Irwin Shipper, the Chairman of the ICFA Government and Legal Affairs Committee and a NYSAC member, reported about national legislative and regulatory trends. Mr. Shipper focused upon the recent lobbying activities of the ICFA Political Action Committee and the significance of such activities, emphasized the importance of grass roots lobbying, and encouraged cemeterians to contact their state and federal representatives to voice their positions about pending legislative and regulatory issues.
Following the committees’ presentations, Mr. Steven Marshall of Bollinger Insurance, Inc., Ms. Valerie Geasor of the Treiber Group, LLC, and Mr. Brennan Regan of the Regan Agency, Inc. each addressed the issue of risk transfer particularly as it relates to protecting against the potential liability incurred whenever a contractor or any vendor (including funeral directors) sets foot on cemetery grounds. Particular attention was paid to the liability posed by the confusing “scaffold law” under which absolute liability for injuries sustained in falls by employees of vendors may be borne by the property owner. The panel used a sample insurance certificate included in the presentation book they distributed to explain exactly how liability insurance should be structured and suggested consulting legal counsel for the proper contractual indemnification language to avoid liability.
The seminar’s first day concluded with a presentation about land use issues and related regulatory compliance by Mr. Frederick Turner, Esq. of the Tarrytown based law firm of Snyder and Snyder. Mr. Turner, formerly with the state attorney general’s office and whose client agency was the Department of Environmental Conservation, was also a former town attorney for the largest township in Westchester County and has had extensive experience in both environmental and municipal land use issues. He distributed an extraordinarily comprehensive 20-page outline of such issues and focused on a few of the more unknown regulatory responsibilities and obligations of land owing entities during his presentation.
The second day, or morning session, began with a 45-minute presentation by Mr. Joseph McAlinden of Morgan Stanley. Mr. McAlinden, whose appearance was arranged through the efforts of Mr. Joseph Lizzio of the Lizzio Group, a NYSAC supplier member, presented a unique and, at times, humorous look at the current state of the economy and financial markets. Mr. McAlinden offered some non-traditional analysis of standard economic data and concluded that in 2006 the equity market would rally before a late year decline.
The seminar concluded with what many attendees consider the highlight each year – a two-hour edition of “Ask the Lawyer,” the session during which a panel of lawyers experienced in the unique field of cemetery law address approximately twenty pre-submitted written questions and any follow-up questions from the audience. In addition to Rick Turner, this year’s panel, again moderated by Mr. Tim Griffin, a sole practitioner, included Mr. Raymond Planell of Bleakley, Platt & Schmidt of White Plains, Mr. Richard Cea of Wingate, Kearney & Cullen of Brooklyn, Mr. Richard Betheil of Pryor, Cashman, Sherman and Flynn of Manhattan, and Mr. Joseph Ball, counsel to the cemetery board.
NYSAC would like to extend its sincerest appreciation to all of the panelists for donating their valuable time and experience, to Jill Cyr for all of her efforts in coordinating the seminar and especially to the following supplier members for their generous sponsorship of the seminar:
• AEGIS Investigations
• BLP Bronze
• Matthews Bronze
• Merendino Cemetery Care
• Morgan Stanley
• Regan Agency, Inc.
• The Treiber Group, LLC
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