Broadcaster Summer 1999

TABLE OF CONTENTS

One Bill Passed - More To Follow? click here
Government & Legal Affairs Seminar A Success click here
A Message From The President click here
Master Trust Fund Launched at Spring Meeting click here
And Attendees at the Government & Legal Affairs Seminar Have Spoken . . . click here
Highlights of the Metropolitan Cemetery Association’s Annual Seminar & Exposition click here
Vince Lombardi to Address Fall Conference click here
Green-Wood Cemetery Wins Award to Preserve Sculpture click here
In Memoriam - Robert G. Garrison click here
Forest Lawn Marks 150th Birthday click here
NYSAC Welcomes New Association Management Firm click here

One Bill Passed - More To Follow?
The 1999 Legislative session has been an extremely active one. The Government & Legal Affairs Committee, along with our legislative counsel, Featherstonhaugh, Conway, Wiley, & Clyne, have been working diligently towards the passage of the New York State Association of Cemeteries legislative agenda.

A.6557/S.4459 has passed both the Assembly and the Senate and has been signed into law by the Governor. This bill clarifies under what conditions cemetery land may be sold or disposed of by a cemetery corporation.

A.6554/S.4457 has passed the Senate and has been referred to the Committee on Ways & Means in the Assembly. This bill would permit the Modified Return concept to be used on Permanent Maintenance and Perpetual Care funds.

A.6556/S.4458-B has passed the Senate and has been ordered to third reading in the Assembly. This bill would authorize the repair or removal of monuments or other markers not owned by the cemetery corporation that have fallen into disrepair.

A.6558-A/S.4460-A has been referred to the Committee on Ways & Means in the Assembly and reported to the Committee on Rules in the Senate. This bill would permit cemetery corporations to reclaim graves under certain circumstances, upon application to and approval by the Attorney General.

A.7638-A/S.3605-A has passed the Senate but has been reported to the Committee on Rules in the Assembly. This bill would require an additional $35 for all burials which would be deposited in the Permanent Maintenance Fund.

A.7637-A/S.3620-A has been referred to the Committee on Rules in both the Senate and Assembly. This bill would set requirements for pre-construction sales.

S.2543-C has passed the Senate. This bill would require 48-hour advance notification for the application of pesticide. This bill now exempts cemetery corporations from notification if only turf spraying is conducted.

We will continue our efforts to accomplish our legislative agenda.
Hope you are having a wonderful summer.
Frank F. Giglio
Chairman

Government & Legal Affairs Seminar A Success
More than 90 members of the New York State Association of Cemeteries attended the 22nd annual spring Government and Legal Affairs Seminar at the Desmond Hotel in Albany, New York on May 3-4, 1999. Chester S. Day, Kensico Cemetery, Valhalla, New York, and Richard Touchette, Albany Diocesan Cemeteries, were the co-chairmen of this New York State Association of Cemeteries sponsored event.

After a message from Paul K. Grassi, President of the association, Edward Laux addressed the group regarding national legislative issues facing cemeteries. Timothy Griffin, Executive Vice President and General Counsel for Ferncliff Cemetery, discussed the importance of documentation in today’s litigious society. He discussed standard procedures to be followed when filing accident reports, what should be contained in all standard contractual and service agreements, employment issues and employment policies, and the responsibility to have our cemeteries Y2K compliant. In addition, he provided all participants with material that could be used as a source and guide for establishing these policies.

Frank Giglio, chairman of the NYSAC Government and Legal Affairs Committee, and Susan Walsh, Vice President of the Bank of New York, made the announcement concerning Bank of New York’s “Master Choice: Investment Management for Cemetery Trust Funds” for cemetery members of the New York State Association of Cemeteries. The Bank of New York was selected as the investment manager of the master trust. Beth Clyne from Featherstonhaugh, Conway, Wiley & Clyne, LLP brought us up to date on legislative matters for the state.

A cocktail party sponsored by The Treiber Group, Matthews International Corporation, The Bank of New York, Biondan & LP (Canada) Ltd., and York Bronze Company gave us all an opportunity to share ideas and talk with one another, including the cemetery board designees, Sam Messina, John Eadie, Donald Segal, and cemetery division staff Mike Itzo, Edward Hand, Daniel Shapiro, and MaryLee Hedrick. Due to the sudden illness of his mother, Richard Fishman, Director of the Division of Cemeteries, could not attend. Following dinner, our guest speaker, the Honorable Alexander F. Treadwell, Secretary of State, talked of the good things Governor Pataki has and is doing for the State of New York, and the outstanding job the Department of State and the Division of Cemeteries is doing, for the benefit of all cemeteries. He also stressed how important it is that cemeteries succeed and not become a burden of the state or municipalities.

The next day, Peter Treiber of The Treiber Group spoke about the success of the group’s workers’ compensation plan. He also talked about the importance of all insurance plans, including employment practice liability insurance and directors and officers liability insurance.
Mark Hemenetz, Executive Vice President and Director of Investment Management for the Bank of New York, informed us about the economy and investment strategies for the new millennium.

The seminar concluded with an open forum concerning cemetery legislative matters led by Mike Itzo, Donald Segal, Sam Messina, John Eadie, Dan Shapiro, Edward Hand, and MaryLee Hedrick. A great deal was learned and shared at the seminar and we all went away with a little more knowledge than we came with.

A Message From The President
As I enter the gun lap of my term of office, it seems like only yesterday that I was giving my acceptance speech at Mount Airy Lodge. It has been a very exciting nine months with the combination of a hard-working Board of Directors and the addition of Beth Seme as our Executive Director, the Association will go into the millennium on a high note.

Our Legislative Conference, held at the Desmond in Albany, on May 3rd and 4th was very successful. Chet Day and Richard Touchette did a tremendous job in putting together a great program headed by our keynote speaker, Secretary of State Alexander Treadwell.
At the end of the Legislative session, the Senate passed the following bills which are of great importance to our Association.

S.2543-C Pesticide Notification Bill (now exempts cemeteries)
S.3605-A Permanent Maintenance Fund Increase Bill
S.4457 Modified Rate of Return Concept
S.4458-B Restoration and/or Removal of Monuments
S.4459 Authorizes the Sale of Unusable Cemetery Land

I urge each member to contact their local legislator and ask them to support these bills. The future of many cemeteries will depend on these bills being passed. I would like to give a special thanks to Frank Giglio and Rich Moylan, co-chairs of our Government and Legal Affairs Committee. Without their hard work some of these bills may not have passed the Senate. Hopefully, everyone has received a letter requesting contributions for our Legal Fund. If you have not already done so, please make your contribution. We need your financial support.

Over the last several months, I have attended the regular meeting of the State Cemetery Board in Albany, as well as Regulatory and Reform meetings chaired by Richard Fishman, Director of the Division of Cemeteries. On June 6th, I attended a very special day for Forest Lawn Cemetery - The celebration of its 150th birthday. I would like to thank Fred Whaley and Joseph Dispenza for the invitation - it was just a great day.

This year our fall conference will be held September 26th -29th at the Sagamore Hotel on Lake George in Bolton Landing, New York. Conference chairpersons Allan and Andrea Vittum are putting together a great program highlighted by our keynote speaker, Vince Lombardi, Jr. I look forward to seeing you at the conference.
Respectfully submitted,
Paul K. Grassi,
NYSAC President

Master Trust Fund Launched at Spring Meeting
At the Spring Meeting in Albany, Susan Walsh, representing The Bank of New York, presented the new Master Choice: Investment Management for Cemetery Trust Funds, which will be available to NYSAC members in early July. This new program will contribute to NYSAC’s goal of preserving the financial health of cemeteries by providing cemeteries of all sizes access to professional investment management.

The program is modeled after a defined contribution (401-K, 403-B) pension program whereby participating cemeteries will establish accounts, make contributions by check, ACH or wire transfer, and direct the investment of the accounts to one of 11 options offered through the program. The investment options included will be the BNY Hamilton family of mutual funds, including four equity funds (large cap growth, equity/income, small cap growth and international), two fixed income funds (intermediate government, intermediate investment grade), two money funds and three asset allocation models, balanced accounts including a Focus on Current Income Fund, a Focus on Income and Growth Fund, and a Focus on Capital Appreciation Fund.

Participating cemeteries will receive investment management and asset allocation advice, periodic or on-demand distributions, 24-hour access to account information, daily ability to change investment selections, monthly statements, and detailed performance analysis. In addition, NYSAC will receive a roll-up of all participant accounts and a detailed performance review of all investment options.

Susan and her team from The Bank of New York will launch a full-scale statewide marketing effort throughout the summer and hope to have at least 100 accounts, with $5 million in total assets, by September 30th.

And Attendees at the Government & Legal Affairs Seminar Have Spoken . . .

Highlights of the Metropolitan Cemetery Association’s Annual Seminar & Exposition
More than 140 cemeterians and cemetery suppliers attended the 1999 Metropolitan Cemetery Association’s Annual Seminar and Exposition. The event, chaired by Chester Day and Andrew Nagel, was held at The Kensico Cemetery in Valhalla, NY, in recognition of Kensico’s 110th anniversary.

After a report made by Paul Grassi, President of the association, David Gigler of Mount Olivet Cemetery and Richard Moylan of The Green-Wood Cemetery were installed as directors for a term of three years. Henry Nibbe of Mount Hope Cemetery was honored with a plaque and watch in recognition of more than 50 active years in the cemetery industry. James T. Fahey, Sr., John W. Fahey, William Graham, Margaret Tirino, Orlando Scaramucci, Gerald McCarthy, Anthony Roina, Jusuino Ricardo, and Chester Day were honored with plaques in recognition of more than 25 years of service in the cemetery industry.

Richard Fishman, Director of the Division of Cemeteries, and Richard Moylan reviewed legislative matters in the state. John Gibney, Consulting Actuary with Buck Consultants in New York City, spoke on retirement planning. Andy Vazques from Rainbow Advertising told us why we should advertise on cable, the market that can be reached on cable, and the visual message that can be sent on cable. Sue Walsh told us about Bank of New York’s “Master Choice: Investment Management for Cemetery Trust Funds” for cemetery members of the New York State Association of Cemeteries.

A barbecue luncheon was held after which suppliers displayed and spoke about their products.

A raffle was held for door prizes donated by the suppliers and cemeteries. The proceeds from the raffle, $1,500, was presented to Make-A-Wish Foundation of the Hudson Valley. Everyone had an enjoyable and educational day.

Vince Lombardi to Address Fall Conference
The fall conference will be from Sunday, September 26 through Wednesday morning, September 29, and will be held at the beautiful Sagamore in Bolton Landing on Lake George.
For those who like to spend some extra time looking at the fall foliage (it should be close to peak season) or might want to get in an extra round of golf, we have reserved a block of rooms for Saturday arrivals. Also, on Saturday night there will be an optional dinner cruise on the Sagamore’s boat, The Morgan. It was truly a hit with all those who went last time. The cost of the dinner cruise is $30 per person and there will be a cash bar on board.

The theme for the 1999 Fall Conference will be Y2K And Beyond - Challenges Facing Cemeteries In The New Millennium. In addition to looking ahead in our industry through several interesting speakers, the conference will include NYSAC’s annual meeting and an update from the Government and Legal Affairs Committee.

The keynote speaker will be Vince Lombardi, the son of the late Vincent T. Lombardi who was one of the winningest football coaches in the NFL. He has a clear and inspiring message to share about the qualities found in winners and high
performance people and organizations. It promises to be an exciting “kickoff” to the conference.

The Sagamore has an 18-hole championship Donald Ross golf course that challenges everyone who plays. The traditional golf tournament will be held on Tuesday afternoon and golfers will have a box lunch waiting for them on the carts. Boating, fishing, and horseback riding, in addition to a host of other activities await the conference attendees during our free time on Tuesday. The resort also has indoor tennis and racquetball, indoor swimming pool, a fitness center, saunas and whirlpools.

Registration will be from 3-6 on Sunday, September 26 and we will have an opening dinner at 7:00 p.m. On Monday night, dinner is on your own. The Sagamore has three excellent restaurants from which to choose, and the cost of the dinner is included in your hotel registration fee. The final banquet and installation of officers will be Tuesday night.
Please note that the deadline to get a reserved room is August 25. There will be no guarantees after that date, so make sure you send in your registrations immediately to ensure that you can be part of this great conference.
A conference registration form is available on the next page.

Green-Wood Cemetery Wins Award to Preserve Sculpture
The Green-Wood Cemetery announced the receipt of $5,100 for conservation of the Dewitt Clinton Monument, by Henry K. Brown (1853). The cemetery is the recipient of the Conservation Treatment Award from Save Outdoor Sculpture! (SOS!), a national program to heighten awareness of public sculpture. Mark Rabinowitz of the Conservation & Sculpture Company will perform the treatment.

This award is made possible with generous support from Target Stores and the National Endowment for the Arts. First Lady Hillary Rodham Clinton announced the program in July 1998 as part of the White House Millennium Council’s Save America’s Treasures. Save Outdoor Sculpture! Conservation Treatment Awards will help cover the costs of conserving public sculptures in communities across the country. To date, 21 public sculptures in 13 states and the District of Columbia have received conservation treatment awards to conserve local outdoor sculpture as a gift to the new century.

SOS! is a joint project of Heritage Preservation and Smithsonian’s National Museum of American Art. For more information about all award guidelines and deadlines, call 888-SOS-SCULP (767-7285).

In Memoriam - Robert G. Garrison
Robert G. Garrison, chairman of the board and CEO of Toledo Memorial Park Cemetery and Mausoleum, passed away at his home on Friday, June 11, 1999.

Bob Garrison enjoyed a distinguished career of 54 years in service to the industry, beginning in 1945.

Bob’s service to our industry included serving as president of NYSAC, president of the Ohio Association of Cemetery Superintendents and Officials, and president of the American Cemetery Association. He received the Distinguished Service Award and was inducted into the National Cemetery Hall of Fame in 1987. He also received Certified Cemetery Executive designation from the American Cemetery Association.

Over the years, he presented many topics at state and national meetings, conducted conferences, chaired committees, published a newsletter, and is recognized and respected as an industry leader. In addition, Bob was committed to community service and was active on many committees and in several service-oriented organizations.

He is survived by his wife Mary, sons John, Bill, and Mike, daughters Nancy Ike and Linda Llewellyn, 12 grandchildren, and three great-grandchildren.

Forest Lawn Marks 150th Birthday
This year, in observation of its 150th year, Forest Lawn Cemetery and Garden Mausoleum hosted a sculpture exhibition of international note entitled “Sculpture of the Spirit.” The show opened Sunday, June 6th at 8:30 a.m., and ran through October 11, 1999 throughout the grounds of Forest Lawn. A total of 46 works from local artists and sculptors as far away as Japan comprise the show.

In addition to the five month sculpture exhibit, Forest Lawn hosted a day of celebration events on June 6th which included guided tours, free concerts from the gazebo by the Amherst Saxophone Quartet, Friends of Harmony, and Sweet Adelines; nature demonstrations by the staff of Hawk Creek; and a dedication followed by a free reception for all at 4:15 p.m. on the meadow.

Forest Lawn Cemetery, founded in 1849 and listed on State and Federal Registers of Historic Places, chose to observe its anniversary with the exhibit to celebrate the human spirit. The collection of more than 40 sculptures was selected on the basis of artistic achievement and thematic content. The works are designed to enhance the visitor’s experience, provoke questions about creative spirit, and ask questions about how one celebrates life. The show was juried this spring by Laurie Anderson, Anderson Gallery of Buffalo, New York; Dr. Kerry S. Grant, Dean of Arts and Letters from the State University of NY at Buffalo; Douglas G. Schultz, Director, Albright Knox Art Gallery, Buffalo, New York; and Susan Ferrari-Rowley, Sculptor from the Rochester Institute of Technology.

The artwork selected for “Sculpture of the Spirit” is intended as a gift to the community from Forest Lawn. The sculptors who accepted the invitation to participate sustained the costs of production and display of their works. The artists obtained no compensatory reward other than that of having their sculpture on view. No prizes, awards or fees were given.

The placement of this sculpture outdoors, away from a museum or gallery setting, offers a unique opportunity for collaboration between natural and man-made elements. Forest Lawn believes that the addition of these contemporary works enhances the sculptures first selected to commemorate memories of loved ones decades ago.

History tours, now in their fourth successful year, will also be available without charge on every sunny Sunday between June 6, 1999 and September 27, 1999.

New Format for NYSAC Grounds Maintenance Seminar
This fall, we will be trying out a new format for our annual Grounds Maintenance Seminar. We will be joining forces with the NYS Turfgrass Association (NYSTA). All NYSAC members will be invited to attend the NYSTA Turf and Grounds Exposition in Syracuse, November 9-11, 1999.
This year’s conference will feature more than 60 business and technical sessions addressing all aspects of the green industry - new product updates, lawn and landscape ideas, grounds maintenance, and equipment management. The keynote speaker will be Brian Holloway, five-time All-Pro and holder of the NFL record for most consecutive plays from the line of scrimmage.

An expansive trade show with 350 exhibitor booths will bring new technology and innovative ideas to 2,000 attendees from all types of turf industries. In addition, there will be two program sessions specifically targeting cemeterians! As with our own seminars in the past, pesticide recertification credits will be given.

This event will replace the NYSAC Grounds Maintenance Seminar which would have been held in March, 2000. So, don’t miss it!!! NYSAC members will receive the member rate for conference registration. Packets will be mailed to all NYSAC members soon.

NYSAC Welcomes New Association Management Firm
With the growth of our association and the complexity of managing the day-to-day concerns, the board of directors, after lengthy discussion, made a decision to hire a professional association management firm. As of January 1, 1999, the New York State Association of Cemeteries is being managed by Elizabeth A. Seme, Inc.

As your board of directors, we would like you as members to feel confident and comfortable calling the association office with questions or concerns regarding membership, conferences and seminars, or advertising in The Broadcaster or the Directory. Elizabeth A. Seme, Inc. will maintain the office and telephones; prepare conference literature, correspondence, records, and financials; coordinate meetings, seminars and conferences; and provide on-site registration services. The office staff is eager to assist you.

So that you are familiar with the people you will be contacting, we would like to present you with some background information.

Beth Seme, owner, brings to us 13 years of experience in association management and will act as the Executive Director. She is presently executive director of the New York State Turfgrass Association, the New York State Green Council, the Northeastern Golf Course Superintendents Association, the Vermont Golf Course Superintendents Association, and the New York State Wetlands Forum. Beth is a member of the American Society of Association Executives and the Empire State Society of Association Executives. Her degrees include a B.S. in Plant and Soil Science, a B.A. in Occupational Education, and a B.A. in German, all from the University of New Hampshire, with additional coursework toward an M.P.S. from Cornell University.

Beth will coordinate conferences and seminars, prepare contracts, attend committee and board meetings, provide director’s reports, board meeting records, and membership summaries. She will provide on-site coordination and registration for NYSAC events.

Terry Schell, Communications/Publications Director, has been employed by Elizabeth A. Seme, Inc. for two years and has 14 years experience in desktop publishing. Terry will prepare publications for NYSAC including brochures, The Broadcaster and Membership Directory, as well as handle advertising.

Krista Bradley, Conference Coordinator/Member Services Director, is a recent addition to the staff. She has extensive experience in computer operations, conference planning and member services. She will assist with conference coordination and membership. Krista earned her B.S. in Business Administration with a minor in accounting from SUNY Plattsburgh.

Melissa Hamlin, Administrative Assistant, will coordinate general office duties and respond to member requests. She has been employed with Elizabeth A. Seme, Inc. for more than two years. She is currently enrolled at SUNY Albany, working toward a degree in accounting.

Leah Beeble works part-time in the office providing clerical support. When calling the office, your first friendly greeting will most likely come from Melissa or Leah.

Sherrie Cowman works part-time in the office maintaining accounts. She has extensive banking and financial experience.

Debbie Wimble is also on the clerical staff, working evenings.

Now that you have been introduced, please feel free to call the office whenever you have questions or concerns. The NYSAC office staff is available to receive your calls between 8:30 and 4:30 Monday through Friday. Phone (518) 783-1134 or fax (518) 783-1258.