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Broadcaster Summer 2007


TABLE OF CONTENTS

Q. What Do We Need to Know About the New Death Care Proxies? click here
President’s Message click here
Wildflower Tour at White Haven click here
Kensico Hosts College Students click here
NYSAC Cremation Committee News click here
No Longer Fogotten: Green-Wood Cemetery Remembers its Civil War Veterans
click here
St. Agnes Cemetery Hosts Audubon International Bird Count click here
NYSAC Government & Legal Affairs Update click here
Ancient Tradition Comes to Maple Grove click here
2007 Public Affairs Seminar click here
New System Transforms Computer Into Marketing Partner click here
Central New York Cemetery Maintenance Seminar Held click here
Report From the Nominating Committee click here
Memory Medallion Inc. Program Partners click here
Metropolitan Cemetery Association Focuses on Its Suppliers click here

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Q. What Do We Need to Know About the New Death Care Proxies?
by Timothy G. Griffin -- June, 2007

Recently, New York State has enacted into law an amendment to the Public Health Law which permits an individual to designate the party who will control the disposition of their remains. Further, the statute defines the party responsible for the disposition of the remains. It is the purpose of this article to alert the reader to this recent amendment to assist the reader in understanding the particular amendment and to provide the particular form prescribed by statute for the designation of the party who will control the disposition of the remains.

This amendment has been referred to as the “Death Care Proxy”, an obvious reference to the “Health Care Proxy” where an individual designates a third party to make medical decisions on their behalf in the event that the designating party is unable to do so. The parallels are obvious and the new statute does provide a means to avoid disputes concerning the disposition of remains.

The new statute is specific and it is important for the reader to implement the provisions in accordance with the terms of the statute. The statute provides definitions for the following terms, unless the context otherwise requires:

(a) “Cremation” means the incineration of human remains. (b) “Disposition” means the care, disposal, transportation, burial, cremation or embalming of the body of a deceased person, and associated measures. (c) “Domestic partner” means a person who, with respect to another person: (i) is formally a party in a domestic partnership or similar relationship with the other person, entered into pursuant to the laws of the United States or any state, local or foreign jurisdiction, or registered as the domestic partner of the person with any registry maintained by the employer of either party or any state, municipality, or foreign jurisdiction; or (ii) is formally recognized as a beneficiary or covered person under the other person’s employment benefits or health insurance; or (iii) is dependent or mutually interdependent on the other person for support, as evidenced by the totality of the circumstances indicating a mutual intent to be domestic partners including but not limited to: common ownership or joint leasing of real or personal property; common householding, shared income or shared expenses; children in common; signs of intent to marry or become domestic partners under subparagraph (i) or (ii) of this paragraph; or the length of the personal relationship of the persons.

Each party to a domestic partnership shall be considered to be the domestic partner of the other party. “Domestic partner” shall not include a person who is related to the other person by blood in a manner that would bar marriage to the other person in New York State. “Domestic partner” shall also not include any person who is less than eighteen years of age or who is the adopted child of the other person or who is related by blood in a manner that would bar marriage in New York State to a person who is the lawful spouse of the other person. As defined in the statute a “person” means a natural person eighteen years of age or older.

The statute also sets forth a hierarchical order, in descending priority, of persons who shall have the right to control the disposition of the remains of such decedent. That order is as follows: (i) the person designated in a written instrument executed pursuant to the provisions of the statute; (ii) the decedent’s surviving spouse; (ii-a) the decedent’s surviving domestic partner; (iii) any of the decedent’s surviving children eighteen years of age or older; (iv) either of the decedent’s surviving parents; (v) any of the decedent’s surviving siblings eighteen years of age or older; (vi) a guardian appointed pursuant to article seventeen or seventeen-a of the surrogate’s court procedure act or article eighty-one of the mental hygiene law; or (vii) a duly appointed fiduciary of the estate of the decedent such as an executor or administrator.

If a person designated to control the disposition of a decedent’s remains, pursuant to this subdivision, is not reasonably available, unwilling or not competent to serve, and such person is not expected to become reasonably available, willing or competent, then those persons of equal priority and, if there be none, those persons of the next succeeding priority shall have the right to control the disposition of the decedent’s remains.

The person in control of disposition, pursuant to this section, is obliged to faithfully carry out the directions of the decedent to the extent lawful and practicable, including consideration of the financial capacity of the decedent’s estate and other resources made available for disposition of the remains. The person in control of disposition shall also dispose of the decedent in a manner appropriate to the moral and individual beliefs and wishes of the decedent provided that such beliefs and wishes do not conflict with the directions of the decedent.

The statute permits the person in control of disposition may seek to recover any costs related to the disposition from the fiduciary of the decedent’s estate in accordance with the Surrogate’s Court Procedure Act.

The New York Legislature recognized that at times a funeral director may be designated as the agent who controls the disposition of the remains. A funeral director, undertaker, embalmer or person with an interest in, or who is an employee of any funeral firm, cemetery organization or business operating a crematory, columbarium or any other business who also controls the disposition of remains may not receive compensation or otherwise receive a financial benefit for the disposing of the remains of a decedent.

The statute provides that an individual may through a written instrument which has been signed and properly witnessed control the disposition of the decedent’s remains. A form setting forth the statutorily approved written instrument appears at the end of this article.

The statute addresses directions concerning the disposition of the remains made in decedents’ wills executed prior to and subsequent to the effective date of the statute. In the absence of a written instrument made pursuant the statute, the designation of a person for the disposition of one’s remains or directions for the disposition of one’s remains in a will executed pursuant to the laws of the state of New York prior to the effective date of the statute, or otherwise executed pursuant to the laws of a jurisdiction outside the state of New York, shall be: (i) considered reflective of the intent of the decedent with respect to the disposition of the decedent’s remains; and (ii) superseded by a written instrument subsequently executed pursuant to this statute, or by any other subsequent act by the decedent evidencing a specific intent to supersede the designation or direction in such a will with respect to the disposition of the decedent’s remains.

The significance of this provision of the statute is that if a will has been executed prior to the effective date of this statute which provides for the disposition of remains, that provision is considered reflective of the intent of the decedent, but it is not controlling if the decedent has executed a written instrument set forth in the statute or has engaged in subsequent acts evidencing a specific intent to supersede the designation or direction in such a will with respect to the disposition of the decedent’s remains.

All actions taken reasonably and in good faith based upon such authorizations and directions regarding the disposition of one’s remains in such a will shall be deemed valid regardless of whether such a will is later probated or subsequently declared invalid.

In the absence of a written instrument made pursuant to this statute, the designation of a person for the disposition of one’s remains or directions for the disposition of one’s remains in a will executed pursuant to the laws of the state of New York on or after the effective date of the statute, shall be considered a reflection of the intent of the decedent with respect to the disposition of the decedent’s remains, provided that the person who represents that he or she is entitled to control the disposition of remains of the decedent has complied either in the will or by written instrument authorized by the statute or that individual has signed a written statement stating that that individual has no knowledge that the decedent has signed a written designation authorized by this statute or that there exists a similar provision in a will and the individual is the person having priority under the statute.

A written instrument executed under this statute shall be revoked upon the execution by the decedent of a subsequent written instrument, or by any other subsequent act by the decedent evidencing a specific intent to revoke the prior written instrument. Further, directions on disposition and agent designations in a will shall be superseded by a subsequently executed will or written instrument made pursuant to the statute, or by any other subsequent act of the decedent evidencing a specific intent to supersede the direction or designation. The designation of the decedent’s spouse or domestic partner as an agent in control of disposition of remains shall be revoked upon the divorce or legal separation of the decedent and spouse, or termination of the domestic partnership, unless the decedent specified in writing otherwise.

A person acting reasonably and in good faith, shall not be subject to any civil liability for:
(a) representing himself or herself to be the person in control of a decedent’s disposition; (b) disposing of a decedent’s remains if done with the reasonable belief that such disposal is consistent with this section; or
(c) identifying a decedent.

No cemetery organization, business operating a crematory or columbarium, funeral director, undertaker, embalmer, or funeral firm shall be held liable for actions taken reasonably and in good faith to carry out the written directions of a decedent as stated in a will or in a written instrument executed pursuant to the statute.
No cemetery organization, business operating a crematory or columbarium, funeral director, undertaker, embalmer or funeral firm shall be held liable for actions taken reasonably and in good faith to carry out the directions of a person who represents that he or she is entitled to control of the disposition of remains, provided that such action is taken only after requesting and receiving written statement that such person:

(a) is the designated agent of the decedent designated in a will or written instrument executed pursuant to this section; or

(b) that he or she has no knowledge that the decedent executed a written instrument pursuant to this section or a will containing directions for the disposition of his or her remains and that such person is the person having priority under subdivision two of this section.

Disputes concerning the disposition of the remains are handled by courts of competent jurisdiction pursuant to the provisions dealing with special proceedings in the New York Civil Practice Law and Rules of the State of New York. Further, no person providing services relating to the disposition of the remains of a decedent shall be held liable for refusal to provide such services, when control of the disposition of such remains is contested, until such person receives a court order or other form of notification signed by all parties or their legal representatives to the dispute establishing such control.

This statute effectively resolves a recurring problem concerning the right to control the disposition of remains. While the disposition of remains are most often addressed by family members without incident, at times when disputes exist between various factions of a family concerning the disposition of remains, this statute provides a concise way to resolve issues of control. If the decedent has appointed an agent to control the disposition of remains, that agent will control over all other designations. Decedents who designate the disposition of their remains in a will are deemed to be reflective of the intent of the decedent and shall be respected. Finally, the statute creates a hierarchical order of those charged with the disposition of human remains.

   
President’s Message

Dear Members:
On behalf of the board of directors and membership of NYSAC, I would like to extend a warm welcome to the approximately fifty cemeterians who joined NYSAC after receiving a copy of the Fall 2006 Broadcaster that was distributed to all regulated cemeteries in the state. I hope that you will find this Summer issue of the Broadcaster informative and that you may someday have an opportunity to contribute to a future edition. I also hope that we will have an opportunity to meet you at either this fall’s annual meeting and conference in Cooperstown or at next spring’s Public Affairs seminar in Albany. I think you will find membership in NYSAC to be extremely beneficial to both you and your cemetery. I think you will also discover that NYSAC is a very collegial group whose members are willing and able to help each other in any way that they can. Again, thank you for your membership and welcome to NYSAC!

Since my last message in the Winter issue of the Broadcaster, your officers, directors, and committees have continued to work with Beth Seme, Inc., NYSAC’s executive director, and David Fleming of Featherstonhaugh, Wiley, Clyne, & Cordo, LLP, NYSAC’s legislative counsel, to administer and advance the agenda of the Association. Some of the key developments include:
(i) the efforts of the Cremation Committee and its chair, Joseph Dispenza, working with a cemetery consultant, Steven Sloane, to create an approved crematory training and testing program that will be owned and operated by NYSAC;
(ii) initiating a legislative effort to redefine cremation in the appropriate sections of the law so that it will no longer be considered a form of final disposition;
(iii) opposing the appropriately named “Hannibal’s Law” which would permit “cremation” by alkaline hydrolysis, a chemical process that would dissolve the deceased body so it could be disposed of through a sanitary sewer;
(iv) advancing through the Senate and introducing into the Assembly the “Veteran’s Burial Rights Bill” that would permit veterans to apply a burial “subsidy” to the cemetery of their choice;
(v) monitoring the efforts of the Division of Cemeteries and Cemetery Board to both reduce the municipal regulation of cemeteries and protect New Yorkers against the potential problems associated with out-of-state cremations;
(vi) the creation of the new Mass Fatality Committee chaired by Joseph Dispenza and organized to raise awareness among cemeteries and government of the potential challenges cemeteries may face in the event of a major pandemic; and
(vii) the creation of the new Regional Cemetery Conference Committee that hosted a Central New York Regional Cemetery Conference in Syracuse on the afternoon of Saturday, June 23rd . The conference provided an opportunity for cemeterians in the Syracuse region who can’t attend either the spring seminar or fall conference to meet and question cemetery regulators, a financial consultant, and other cemeterians about regulatory, administrative, operating, development, or financial issues.

I would like to take this opportunity to once again remind all members of the following items of importance regarding NYSAC’s legislative efforts, publication deadlines, membership applications, and annual meeting:

· First, I would like to remind all cemetery members to please inform, if possible, either David Fleming or Frank Giglio, the chair of NYSAC’s Government & Legal Affairs Committee, of any public policy issues that your cemetery has before the state so that they will be better informed of cemetery issues statewide;

· Also, I would ask that both cemetery and supplier members consider contributing an article about any personnel changes, product developments, promotional events, or industry recognition to the next (Fall) issue of the Broadcaster before October 15 (please e-mail to the Publications Committee Chair, Andrea Vittum at andrea.vittum@choiceonemail.com or contact the NYSAC office using one of the contacts shown below);

· Furthermore, I would ask that both cemetery and supplier members encourage non-members to join NYSAC (prospective members can contact NYSAC by phoning 518-783-1134, faxing 518-783-1258, mailing P.O. Box 702 in Latham, NY 12110, e-mailing nysac@nysac.com, or visiting www.nysac.com);

· And, of course, please also remember to register for NYSAC’s 79th Annual Meeting and Conference to be held at the Otesaga Hotel in Cooperstown between September 9th and 12th. I know that Harry Caretsky, the conference chair, has been working hard to put together an informative and enjoyable program.

Finally, I would like to thank my fellow officers, directors, committee members, and association members for all the support and assistance I have received during my tenure as president. Your support and guidance have been invaluable to me. While I know I’ve set some records for the spoken and written word, it has been an honor to have served the Association this year as your president and in past years in other capacities as officer, director, and committee member. I thank all of you for having granted me the privilege and opportunity to have served this great organization. Please enjoy what remains of the summer and I look forward to seeing you in Cooperstown.

Wildflower Tour at White Haven
White Haven Memorial Park in Pittsford, NY held a wildflower tour on its Nature Trail on April 28. Although the weather was cold and misty, close to 40 people attended and learned about some of the wildflowers that grow naturally on the Nature Trail. Staff gardener Ellen Folts pointed out dozens of flowers and answered many questions from the interested crowd.

White Haven’s Nature Trail was started four years ago and not only serves as a nature trail through some of its forest lands, but it is also a place to inter cremated remains. Artificial rocks hold bronze markers for the graves. The Nature Trail has become the most popular ground burial area in the Park. It helps address the desires of those who want to be buried “in a natural setting.” If the popularity continues, White Haven will not have to cut down acres of trees to make room for traditional burial sections.

Being the first cemetery in the world to be fully certified in the Audubon Cooperative Sanctuary Program, it also is a way to help the numerous species of birds and mammals that inhabit the 70 acres of woods.


Kensico Hosts College Students

Kensico Cemetery recently hosted a group of Westchester Community College students conducting field exercises on the cemetery grounds as part of their anthropology course. Said their instructor Professor Betty Jo Stokes, “The outdoor experience at the cemetery practicing data-collection techniques was a hit with my students. They really appreciated the opportunity to learn how to do in-field research. I look forward to working with Kensico in making this an even more successful project next semester.”

This is not the first time Kensico Cemetery has welcomed students to the property to supplement classroom instruction. On-site drawing classes, horticultural lectures, music history lessons, and internships are just a few examples of the educational experiences Kensico has arranged. For younger students, Kensico created, published and distributed, free of charge to upper elementary schools in Westchester County, a 52-page “Kensico Classroom Kit” with activities for teachers in language arts, mathematics, social studies, science, and fine arts inspired by cemetery history, landscape and architecture.

NYSAC Cremation Committee News
New laws requiring crematory operators to be certified will become effective in October, 2007. New requirements will be monitored by the New York Department of State and the Department of Environmental Conservation. Your NYSAC Cremation Committee has received approval from the NYSAC Board to engage Mr. Steven G. Sloane as a consultant, to create a New York State Association of Cemeteries Crematory Operator Certification Program that meets all the Department of State (DOS) and the Department of Environmental Conservation (DEC) requirements and time-line.

Your committee, along with our president Mr. Kevin Boyd, has and continues to meet via teleconference to discuss the various training syllabus elements.

Steve Sloane’s knowledge of our industry and of the DOS/DEC crematory regulations and statutes, assures that the NYSAC Crematory Operator Certification Program will be an excellent resource for our crematory members.

Currently Steve is working with the DOS and DEC to gain their approval and enlist their training support.
At present, regional training sessions are anticipated for September, 2007 and will be offered at a modest per participant price.

Once the NYSAC program is finalized and approved by the DOS and DEC you will be notified as to the date training will be offered in your area.

No Longer Fogotten: Green-Wood Cemetery Remembers its Civil War Veterans
In August of 2002 the Green-Wood Historic Fund, after a year of restoration to New York City’s Civil War Soldiers’ Monument (which was first dedicated in 1876 on the cemetery’s Battle Hill), rededicated it. From the enthusiasm at that rededication was born the Historic Fund’s Civil War Project, an effort at identifying and remembering the Civil War veterans who lie at Green-Wood Cemetery.

This Project was made possible by Internet access to datebases and by e-mail; it could not have been done on this scale without that access. When this project began, it was thought, based on informal earlier searches, that there likely were 500 or so Civil War veterans interred here. Almost five years later, and thousands of hours of online research by hundreds of volunteers, almost 3,000 Civil War Veterans at Green-Wood have been identified. They did it by comparing a list of 162,000 names of men who served in the New York City or the Brooklyn Regiments with the cemetery’s database of 560,000. Information was also obtained in response to national and international publicity for this project.

Once a Civil War veteran was identified as being at Green-Wood, Project volunteers wrote his biography from soldier histories, obituaries, pension records, the Official Records, and other sources. Attention then turned to making sure that all of the veterans’ graves were marked. Our Civil War Project has applied for more than 1200 gravestones and bronze markers from the Veterans Administration to mark previously unmarked graves or to supplement now-unreadable gravestones. Over the next few years, these markers will be installed at the final resting place of each of these men by the cemetery’s workers.

Ironically, Green-Wood’s Civil War Project has lasted longer than the Civil War itself. But, it is not over yet. Despite all of these efforts, undoubtedly there still are thousands of Civil War veterans who lie at Green-Wood but, because of incomplete or incorrect records, common names, and other problems, have yet to be identified. So, the Project will continue with further research efforts to find more forgotten Civil War veterans.

St. Agnes Cemetery Hosts Audubon International Bird Count
Consecrated in 1867 and regarded as an exemplar of the rural cemetery movement, Saint Agnes Cemetery in Menands, NY has been long been a natural sanctuary.

To encourage visitors to enjoy the beauty and rich natural setting, historic St. Agnes Cemetery was a location for the Audubon International’s Birdwatching Open on Saturday, May 12. It was a beautiful, cloudless morning although a bit chilly. A group of hardy birders convened at 6:00 am to explore the cemetery and identify and record birds by sight and sound. The purpose of the bird count is to assist in research on migratory habits of birds in North America. Over the course of the morning, 41 species of birds were identified. Birds ranged from the more common nuthatch and black-capped chickadee to the rare rose-breasted grosbeak and pileated woodpecker. One of the most spectacular sights was a red-tailed hawk being chased by a group of American crows. The birders heard this ruckus long before they spotted them. The Baltimore oriole also made an appearance in the reeds at the far end of the cemetery and, of course, the goldfinches arrived at the feeder as usual. After three hours of serious birding, the group reconvened for coffee and doughnuts. A great time was had by all. The event promises to be an annual occurrence.

Designated an Audubon Cooperative Sanctuary in 1996, the cemetery property continues to be managed with wildlife and environmental quality in mind, complementing the sacred purpose of the Catholic cemetery.

NYSAC Government & Legal Affairs Update
The NYS Government & Legal Affairs Committee has been working diligently on the agenda set by the Association. A special thanks to David Fleming for his dedicated work in serving our Association.

We have introduced the following bills in the Assembly and will shortly introduce them in the Senate:

A.1329-Brodsky/S.3791-Leibell. This bill would permit a solvent Cemetery corporation to assume responsibility for the maintenance of an abandoned cemetery and make funds available from the state Cemetery Vandalism Fund. The bill passed the Senate on 5/22/07 and was delivered to the Assembly; it’s been referred to Corporations, Authorities and Commissions.

A.6948-Brodsky/S.4397-Flanagan. This bill authorizes the Division of Veterans’ Affairs to apply to the U.S. government for funds to be used to offset the costs of burial of honorably discharged veterans. Referred to Veterans’ Affairs

NYSAC opposes A.8766-Bing/S.4831-Hannon. This bill would allow the disposition of human remains by the process of alkaline hydrolysis within the definition of “cremation”.

The Cemetery Board and the Division of Cemeteries are currently drafting regulations in regards to the Cremation Bill that passed last year. We will keep you up to date with the progress of these regulations.

I wish to thank all of the members that have contributed to the Legal Fund this year. To all the members that have not, please consider making a generous contribution to help us achieve the goals of our Association.

Frank F. Giglio, Chairman


Ancient Tradition Comes to Maple Grove
Despite frigid temperatures and high winds, about 40 people gathered at historic Maple Grove Cemetery in Kew Gardens recently, for the first-ever Queens observation of Ching Ming, the 3000-year-old Chinese tradition of cemetery visitation, according to organizers.

The idea was conceived by Fred Fu of the Flushing Development Center, Maple Grove President Linda Mayo-Perez and Borough President Helen Marshall’s office.

According to Fu, “Thanksgiving is the only traditional celebration that started in the U.S.; all the others came from somewhere else.” He continued, “We hope it can become another American tradition.”

In opening remarks on Saturday, April 7, Perez told the gathering that the concept is reflected in the Kwanzaa ritual “Libation to the Ancestors” and other cultures, so that anyone could participate.

Mei Hua Ru, from City Councilmember John Liu’s office explained, “Ching Ming is a celebration of life- when we commemorate our ancestors, we remember how we got where we are, and how to proceed in life.”

Fruit and sweet cakes were provided, in line with the tradition’s joyous nature.

Zhao Zong Chun, chief player for the China Radio Orchestra, led a duet of Erhu, a traditional Chinese single-string fiddle, performing Chinese and Western music, from the poignant “Wan Chen Fun” (Missing in spring) and “Amazing Grace,” to the upbeat “Wabash Cannonball.”

During the performance, the gathering formed into a circle and placed flowers, then incense sticks at a table, bowing each time in respect. After the contemplative music was concluded, they each wrote a message on a helium-filled balloon, which they all released, to mark the conclusion of the celebration.

The practice, which is intended to honor ancestors and foster a sense of human connection across the ages, is traditionally done by Chinese families worldwide on April 3.

In recognition of local culture, Fu said that he hoped to establish the first Saturday in April as the observation date. “People work during the week, and we want everyone, not just Chinese people to be able to experience this wonderful tradition,” Fu said.

The Queens Courier/April 12, 2007


2007 Public Affairs Seminar
Over 100 cemeterians, suppliers and presenters attended NYSAC’s 30th Annual Public Affairs Seminar held April 30- May 1, 2007 in Albany. New faces on the Cemetery Board were introduced, new directives examined, and bills discussed. Current Workers Compensation law changes were explained, valuable executive insurance protection materials distributed, and an interesting financial perspective introduced. Once again, the Tuesday morning session with our knowledgeable attorneys proved informative and thought provoking. Many opportunities existed throughout the seminar for discussion with regulators, lobbyists, committee members, and fellow cemeterians to exchange ideas on important current and future issues.

Thanks to our Cemetery sponsors, as well as Bollinger Insurance, Ensure-a-Seal, Matthews Bronze, Merendino Cemetery Care, Mullen Construction, Regan Agency, and the Treiber Group, and to all our speakers and attendees for making this seminar a success.

Make plans to attend next year. This conference is a must to see regulation, legislation, conversation and inspiration at work!


New System Transforms Computer Into Marketing Partner
By: Tom Santillo, Regional Manager,
Matthews International Corporation, Bronze Division

Do you ever feel that too much is getting by you because you just don’t have the time to stay on top of everything? Are your sales presentations becoming outdated? During an at-need presentation, do you have to go from office to office to find all of the sales materials you need to properly service the family? Has it been months since you updated your web site? If you answered “yes” to any of these questions, Matthews can help!

This spring, Matthews introduced Interactive Memorial Solutions (IMSTM), a cutting edge system that uses touch-screen technology to help industry professionals efficiently market their products and services to the families they serve. By simply using your computer, an internet connection and Matthews’ IMSTM system, you can easily be on your way to achieving your sales and marketing goals that seem impossible to accomplish- and much more.

“Our customers told us that they want a marketing solution that would help them upgrade sales, create consistent presentations, overcome training challenges and communicate new property enhancements and product/service offerings,” explained Dave Jones, Matthews’ vice president of sales and marketing. “Matthews listened to their requests and has taken the lead in developing a system that exceeds their needs.”

IMSTM is a web-based merchandising system that uses proprietary software and interactive kiosks to help cemeteries, memorial parks and monument dealers coordinate their marketing efforts in one central location. The electronic system is a resourceful alternative to brochures, binders and sales photos. Additionally, the IMSTM system enables users to coordinate product and service providers such as memorials, urns, clergy and florists in one central location. The IMSTM system also can be used to coordinate internal administrative functions thus helping to create a paperless operation.

“We developed a system that is very easy to use and navigate,” Jones explained. “There is a great deal of functionality built into the program. For example, the software enables users to present scrolling pictures of their garden sections, features, special programs and events on a monitor that can be strategically placed in the sales office.”

IMSTM offers many other special features including:
· A Consumer Resource Center/Event Planner that enables users to communicate information about special events, donation programs, grief recovery meetings and on-line memorial tributes.
· The Marketing Center is an ideal resource for those working with a tight marketing budget because it helps organize an operation’s promotional activities- everything from the development of logos and stationery to providing templates for news releases.
· A Bronze Memorial Center that offers an introduction about the importance of memorialization presented by Gary O’Sullivan and allows counselors to guide families through the memorialization and design process.

Matthews’ IMSTM system works on most computers that have an internet connection and there are many touch-screen systems that are compatible with its software.

For more information, contact Tom Santillo at 1-888-838-8890 extension 5246
.

Central New York Cemetery Maintenance Seminar Held
Over fifty cemeterians attended NYSAC’s Central New York Regional Conference held Saturday afternoon June 23 at the Renaissance Syracuse Hotel.

Representing the NYS Division of Cemeteries, Director Richard Fishman and Michael Seelman were on hand to address many concerns ranging from applications to the vandalism fund for restoration of dangerous monuments to the winter burial law.

Some interesting discussion revealed:
· The Division newsletter, which was initiated out of comments at this meeting years ago, will be produced more frequently going forward.
· Many cemeteries have been successful in working with their towns to obtain help for work needed, including man power, paving and tree removals.
· The winter burial law requires only that the interment be preformed if possible, and there is no requirement that a procession be permitted to enter the cemetery. The Division stressed that safety is a paramount concern. The Division gave examples of ways to calculate, notify and pass along the substantial additional charges that may be incurred. A question was answered that there is no exemption from this law based on the number of interments.
· Special district taxes may not be assessed according to Real Property Law Section 446, although many towns seem to be unaware of this provision and may need to be educated.

The Division encourages all cemeteries to contact them with all questions and concerns and many in attendance praised the Division and Mike Seelman in particular, for acting as a liaison to help Cemeteries achieve their goals.

Additionally, Shale Lapping of IPEX, Inc. was on hand for an informative presentation on the importance of preservation of purchasing power and how this goal might be achieved. Using not-for-profit educational endowments as examples he stressed that an appropriate asset allocation is key to provide the return required, shown to be approximately 8%. Some specific examples given included index funds, balanced funds (including stocks and bonds), and multiple strategy funds of funds having low minimum investment requirements and reasonable fees that Cemeteries may use to reach a return as close as possible to that required to preserve purchasing power.

Finally, the members of the NYSAC Regional Conference Committee facilitated the discussion led by the NYSAC President Kevin Boyd and gave many examples of alternative revenue sources including:
· Property leases to cellular tower companies, for example; Mausoleum and Columbarium construction; Community and Political outreach for fundraising; and Care Endowments; many of which have been covered in previous Broadcaster issues. Money saving topics included utilization of temporary services as opposed to employees &/or independent contractors.

Many insurance issues were raised as well, including Directors’ and Officers’ Liability and Workers Compensation, and this is certainly an area of concern that can be further addressed.

Everyone was encouraged to join NYSAC as membership is free for the first year for Cemeteries performing fewer than fifty interments and only $10.00 thereafter. Six attendees signed up for membership and were warmly welcomed.

The meeting proved very successful and anyone with additional questions and/or concerns are encouraged to contact the Division or this Association as we are here to serve.

Thanks to the Committee: Kevin Boyd, John Toale, G. Richard Bruns, JoAnne Ryan, Terry Joyce, Richard Fox, Andy Nagle, Ken Taylor, and Linda Mayo-Perez for reintroducing this conference and thank you to all attendees.

Stay tuned for notice of our next regional conference!

Report From the Nominating Committee
The following have been nominated as Officers of the New York State Association of Cemeteries for the term September, 2007 to September, 2008:

President- Theresa Joyce- Mount Hope Cemetery Association
1st Vice President- John Toale, Jr.- The Woodlawn Cemetery
2nd Vice President- Jay Ivler- Mount Lebanon Cemetery
Secretary- Andrew Nagle- Trustees of St. Patrick’s Cathedral
Treasurer- Richard Moylan- The Green-Wood Cemetery.

In addition, the following have been nominated to the Board of directors for a three-year term ending in the fall of 2010:

JoAnne Ryan- Cemetery of the Highlands, Inc.
Kenneth Taylor- The Green-Wood Cemetery
Jeffrey Reed- Mount Calvary Cemetery Group

Memory Medallion Inc. Program Partners

Memory Medallion Inc.. (MMI) is pleased to welcome the Notre-Dame-des-Neiges Cemetery of Montreal, Quebec, Canada and their operational arm La Fabrique de la Paroisse Notre-Dame de Montreal, (“FPNDM”) to the Memory Medallion Program Partner family

MMI looks forward to bringing the ultimate in personalization to a property with so much culture and tradition.

The city of Montreal has been considered one of the world’s most livable places. Now it also might be said that it is one of the best places in the world to make your final arrangements. Notre-Dame-des-Neiges Cemetery, one of the three largest in North America, is certainly full of culture and tradition. Established in 1854, it has a wonderful history and offers a combination of flora and fauna intertwined among beautiful mausoleums, artistic monuments and final resting places of many of Canada’s favorite sons and daughters as well as many of her regular, hardworking citizens who have passed on.

Now an exciting addition beginning in April is coming to Notre-Dame-des-Neiges Cemetery and it is called Memory Medallion. This is an award winning, maintenance-free, personalized remembrance product that is about the size of a two-penny piece (US quarter) and allows for a digital picture and life story to discretely exist for generations on any monument, crypt front or tribute location, indoors or outdoors.  It can be read by most portable computers. It can be expanded at any time to include video, audio, additional pictures or family-tree files via web-based links that can be called up after touching the Medallion with its inexpensive Touch Wand. This particular product is now featured on Monuments in New York City remembering both police officers and firefighters who perished on September 11, 2001 and whose families wrote their lost loved-one’s life stories to be incorporated into the Memory Medallions for present and future generations to be able to touch and experience right at their place of honor giving visitors a more complete remembrance experience.

“On behalf of Memory Medallion I can say that we are very honored to count this special cemetery as one of our clients and we look forward to serving them and their families,” said Glenn Toothman, CEO for Memory Medallion Inc.

The Notre-Dame-des-Neiges Cemetery purchased the exclusive rights to offer this product in the greater Montreal area as they believe, according to Francois Campagna, Director of Administrative and Promotional Services, it is an important next-step in providing their families affordable, customized, personalized remembrance. “We find the Memory Medallion to be special because it allows for “fulfilled remembrance.” As long as our families are creating a place within our Cemetery for their loved-one to be honored and remembered, the Memory Medallion truly allows for the life story to be a part of this special place so family, friends and future generations will really know about this person.”

About Memory Medallion, Inc. - Founded in 1999 and based in Waynesburg, PA, Memory Medallion, Inc. offers the ultimate in personalization by providing a whole-life profile in a small “footprint” at the place of honor. Memory Medallion’s patented, award winning, maintenance-free, personalized remembrance product is currently being offered throughout the United States, Canada and Australia by various Program Partners.

For more information, please contact: Mr. Francois Campagna, Director of Administrative and Promotional Services, 514-340-4050
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Metropolitan Cemetery Association Focuses on Its Suppliers
At the Annual Meeting of the Metropolitan Cemetery Association, the 275-member organization featured the companies that provide goods and services to the cemeteries in the New York City region. Big bucket trucks, new technology and the latest in turf management filled the outdoor Exposition held on June 7th. “Over a third of our members are our suppliers and each year we want to showcase their products in order to keep our members aware of what’s new in the market to help us better maintain our properties” said Chet Day, President of the MCA.

The featured luncheon speaker was Dr. J. Joseph Edgette, Chairman of the Cemeteries and Gravemarkers section of the American Culture Association. His talk, Current Trends in Cemetery and Gravemarker Studies, featured the new developments in research and programming for historic cemeteries. Participants heard about everything from Titanic Tours to White Bronze Restoration Workshops and were shown the special projects that the historians, folklorists, preservationists and volunteers are doing in the nation’s cemeteries.

During the course of the meeting a raffle was held to raise funds to support the Katrina Memorial Fund and the Make a Wish Foundation with three thousand dollars raised for their causes. Vendors, cemeteries and members of the organization contributed incredible raffle prizes. One of the highlights of the meeting was the presentation of service awards to those members committed to the industry.

Those receiving twenty five-year awards included:
Raphael Bochbot Baron Hirsch Cemetery Association
Beverly Vaillancourt The Kensico Cemetery
Virginia Goldfinger Mount Carmel Cemetery Association

Forty year awards were presented to:
James Falk Calvary & Allied Cemeteries
Thomas Phillips Catholic Cemeteries Diocese of Rockville Centre
Ken Taylor The Green-Wood Cemetery
Gene McCarthy Nassau Cemetery Association
Joseph Ditroia U.S. Columbarium Company

Forty five year awards were presented to:
John Griffin Saint Raymond’s Cemetery
Charles Tanner Breslau Cemetery Association
Mauro Scipioni The Kensico Cemetery

The final award was presented by Chet Day to an amazing employee, Lena Donnelly, who has worked at the Kensico Cemetery for seventy years and continues to serve our cemetery industry.
During the business meeting, two Directors were nominated to serve new three-year terms on the Metropolitan Cemetery Association Board. John P. Toale, Jr. of The Woodlawn Cemetery and Jay Ivler of Mount Lebanon Cemetery were reelected to the ten-member board. The active organization will be hosting a fishing outing, golf tournament and Mets night over the summer months to encourage networking and fellowship among its enthusiastic membership. On October 11th, the group will hold its fall meeting at City Island Yacht Club in the Bronx.