Broadcaster Winter 2001

TABLE OF CONTENTS

Using Fundraising to Finance Capital Improvements click here
A Message From The President click here
The New York State Vandalism Fund: What is Covered? How Do You Apply? click here
Procedures For The New Monument Repair or Removal Bill click here
FALL CONFERENCE TO BE HELD AT NIAGARA-ON-THE-LAKE click here
Easel Niche Plates New From Matthews click here
Neal Barlin Appointed Cemetery Director click here
NOTICE click here
Fr. Buckley awarded NCCC Honorary Membership click here
NYSAC Past President Dies click here
Marble Statuary Adorns Dedication click here
Government & Legal Affairs Update click here
Court Rules in Favor of Diocesan Cemeteries click here

Using Fundraising to Finance Capital Improvements
By: Dolly Lancaster

About 10 years ago a generous woman, who was buried in Fishkill Rural Cemetery, remembered our cemetery in her will by leaving us $2,000 with no strings attached. It was quite a surprise to us and it was the beginning of a three year learning experience that benefited us 12 fold.

What do we do with the money? So many projects needed to be done and the money wouldn’t cover the total cost of even one of the projects. We had learned a lot about what we could do to raise money from our previous realized “luxury” of installation of hand rails in the hilly sections of our cemetery, so after deliberation with the Board of Trustees and local officials it was decided to work on the restoration of a one acre pond located at the entrance of the cemetery and a connected smaller pond nearby. The pond is well known throughout the community as a place to bring children or to visit alone for some quiet time.

The project proved to be very successful in many ways but mainly showed us that one of our most valuable assets is our plot owners! It is their cemetery and they wanted to help, once the word was out. We raised over $25,000 by word of mouth mostly. The project was necessary, they could see the work in progress and they had a real personal connection. All the elements of any successful fund raiser!

The first step was to contact the Department of Environmental Conservation to see what needed to be done to improve the pond, which was created over the years simply by erosion of the sides of a creek, which had created

A Message From The President
Greetings from Rochester! As I write this I am looking outside at melting snow and am hoping that winter may be leaving us soon and that we can all begin spring cleanup.

In this issue of The Broadcaster you will find information from the Government and Legal Affairs Committee about some of the bills that may be passed this year. I cannot emphasize enough how important it is that every member contact their state Assemblyman and Senator and ask for their vote when these bills come up for passage. If you haven’t had a chance to introduce yourself to your legislator, please do sometime soon. Every little bit counts, and you can make a difference.

Also don’t forget that the $35 addition to the permanent maintenance fund for each interment or inurnment began on January 1.

Finally, I hope to see everyone at the spring conference in Albany May 7 and 8. Chet Day and Rick Touchette have a great program lined up with several top notch speakers as well as our annual session with the Division of Cemeteries. There have been many new members who have joined NYSAC this year and the spring meeting is a great place to get to know the other members of our association. Please make sure these dates are on everyone’s schedules and it will give us all a chance to meet some new people.

It looks like an active year is in progress. Thanks for the support- hope to see you all in Albany.

Thanks for the support!
Al Vittum, President

The New York State Vandalism Fund: What is Covered? How Do You Apply?
For every cremation and interment performed in New York State, a fee of $5 is sent to the New York State Vandalism Fund. In the last edition of “The Broadcaster” an article was printed saying that the Webster Union Cemetery in Monroe County was vandalized while Vice President George Baker was at the NYSAC annual fall meeting in Atlantic City. George spoke with us and since it was the first time he had been through the application process to receive funds from the State Vandalism Fund he learned a lot of things. We talked with George and with Richard Fishman, Director of the Division of Cemeteries and came up with this article telling you what you need to know to use the State Vandalism Fund.

If your cemetery is vandalized, the first thing that you should do is immediately contact the Division to receive an application. As soon as you do that, you should be gathering pictures of the destruction as well as getting a police report. Mr. Fishman says that the actual report doesn’t have to accompany the application as long as there is a report number. You should also start getting bids as soon as possible as that may take a while. You must have at least two, and the lowest bidder will get the job.

Once the Division receives the completed application, it will be sent out to a regional investigator. The investigator will normally visit the site or talk to the cemetery personnel and send a report to the Cemetery Board, who will act on the request- normally at the next monthly Board meeting. If the Board approves the request, you can start to repair, knowing that the check will be coming shortly. If you don’t know for sure whether all requests will be approved, it is a “judgement call” as to when to start your repairs. If some requests are not approved, the cemetery will not be reimbursed and those expenses will have to come out of the operations of the cemetery.

Mr. Fishman also pointed out that owners or family members for each monument should be contacted immediately. If the family can be located, the decision of the repair of the marker should be theirs. Remember, the monument is the family’s- not the cemetery’s. Many people may have homeowner’s insurance that could handle the repair. If the family can not be located, or decides not to repair it themselves, the damaged stone will go in the request to the Vandalism Fund, but there may be limits as to the total amount that will be covered.

As Mr. Baker discovered and Mr. Fishman pointed out, the State is not responsible for totally replacing each monument. He said, for example, that if the monument was a nineteenth century obelisque, it would not be a dollar-for-dollar coverage. In the case of old or very expensive stones that are beyond repair, the Vandalism Fund will provide money for a replacement marker that would display the deceased’s information.

There is a State Advisory Vandalism Committee made up of five appointees and headed by Jerry Hass. The main function of the Committee is to review applications where there are questions in certain “gray areas.” If it appears that the request would result more in ‘replacement’ rather than ‘repair’, this committee is given the information, and they, in turn, make the decision as to the total amount that should be sent to the cemetery.

Mr. Fishman continued by saying that the Vandalism Fund only pays for repairs to monuments and stones. Currently peripheral items like fencing or buildings are not covered by the Fund. He said that legislation once had been introduced that would allow additional funds to come from the Fund to pay for lighting, fencing or security gates at cemeteries that have chronic problems. That bill was never acted on but NYSAC is currently looking at that situation to decide whether it would be a good idea to reintroduce that legislation.

George Baker and Rich Fishman hope that you will never need to apply for Vandalism Fund money, but if you do, they hope this article will help you get things moving along in a quick and efficient manner.

Procedures For The New Monument Repair or Removal Bill
Note: This is an emergency ruling, which is to be used until the final regulations are issued later this year.

19 NYCRR §200.11 is amended to rename it the “State Cemetery Vandalism Restoration, Monument Repair or Removal and Administration Fund,” and add new subdivisions (i), (j) and (k) to read as follows:

(i) Application for Repair or Removal of Dilapidated or Disrepaired Monuments that Create a Dangerous Condition
(1) An application for payment by the Fund for the repair or removal of monuments or other markers not owned by the cemetery corporation that have become dilapidated or are in disrepair so as to create a dangerous condition shall include the following:
(A) A description of the damaged monuments or markers, including photographs, and a statement that the monuments or markers are so badly out of repair or dilapidated as to create a dangerous condition;
(B) A copy of bids submitted by at least two contractors for the cost of repairs, or removal and replacement;
(C) Proof that the cemetery corporation has given not less than sixty days notice to the last known owner to repair or remove the monument or other marker and that said owner has failed to do so within the time prescribed in said notice. Such notice shall be addressed to the last known owner or owners and to all persons having or claiming an interest in or to the burial lot on which the monument or marker is located. In the event that the last known owner or owners cannot be found, proof that notice was given by publishing the same once each week for three consecutive weeks in a newspaper published or circulated in the county in which the cemetery is located. The notice shall be effective on the date of mailing such notice by registered or certified mail, or the date of the third publication in the newspaper.
(D) A notarized statement signed by a cemetery corporation officer that the cemetery corporation has not been able to obtain sufficient funds from the family of the deceased (include copies of letters or newspaper advertisements); and that the proposed costs of the repairs or removals and replacements are fair and reasonable.
(2) Within 90 days of receipt of a complete application, the Cemetery Board shall make a determination, based upon the following factors:
(A) whether the monuments or markers are so badly out of repair or dilapidated as to create a dangerous condition;
(B) whether due notice has been given to the last known owner to repair or remove the monument or other marker and the said owner has failed to do so within the time prescribed in said notice;
(C) danger to visiting families;
(D) appropriateness of prior use of payments from the fund;
(E) compliance with Not-for-Profit Corporation Law Article 15 and Cemetery Board rules and regulations;
(F) priority of application based upon previous allocations; and
(G) availability of monies within the Fund.

(j) Use of Disbursements for Repair or Removal of Dilapidated or Disrepaired Monuments that Create a Dangerous Condition
(1) The cemetery corporation must apply all disbursements made by the Cemetery Board to the repair or removal and replacement of monuments or other markers as described in the application.
(2) Any funds remaining after the repairs or removals and replacements have been performed must be returned to the Cemetery Board for redeposit into the Fund.

(k) Final Report. Within 90 days of its receipt of disbursements, the cemetery corporation shall make a report to the Cemetery Board setting forth the repairs or removals and replacements made and by whom, the amount of funds expended, and the amount of funds to be returned to the Cemetery Board, if any. If any monuments or other markers have been removed, the report shall include a statement that they have been replaced with a flush bronze or granite marker suitably inscribed if replacement is appropriate for identification purposes. If the repairs and removals have not been completed, the reason therefor shall be set forth, and the anticipated date for a subsequent, final report shall be disclosed. Such report and any additional report shall be sworn by a cemetery corporation officer.

Mark your calendars for September 9-12. We know you won’t be disappointed.

Neal Barlin Appointed Cemetery Director
Monsignor John A. Alesandro, Diocesan Administrator, has appointed Neal Barlin as Director of Cemeteries for the Diocese of Rockville Centre. The diocese operates three cemeteries in Nassau and Suffolk counties on Long Island, and administers twenty parish cemeteries.

Neal has been employed by the Diocesan Cemeteries since 1970 in the capacity of Assistant Superintendent, Assistant Director, and since May 2000, has served as Acting Director. He is a Certified Catholic Cemetery Executive and has participated as committee chairman for numerous committees for the National Catholic Cemetery Conference. He has also served as a board member and officer for the New York State Association of Cemeteries, and was president of the Association in 1997-98.

Neal received his undergraduate degree from St. John’s University and a Masters in Business Administration from Adelphi University. He is married to Maria, and they are the parents of five children.

NOTICE
To all cemeteries using the ECI rapid rate approval process:
At the December meeting of the New York State Cemetery Board, it was decided that all cemeteries using the ECI method for rate increases will need to provide data supporting the cemetery’s cost of performing the services at regularly scheduled cemetery division audits.

Fr. Buckley awarded NCCC Honorary Membership
Rev. Robert L. Buckley, CCCE, retired Director of Cemeteries for the Roman Catholic Diocese of Albany, has been awarded Honorary Membership in the National Catholic Cemetery Conference. Rev. Robert Cameron, NCCC President, made the announcement recently.

“Honorary Membership is a prestigious award,” Fr. Cameron said, “which is given sparingly and only after careful evaluation of the quality and quantity of the contributions made by a nominee. It is a recognition of a completed career of service to the National Catholic Cemetery Conference, and is, therefore, conferred only after retirement.”

Father Buckley was appointed Assistant Supervisor of Cemeteries for the Diocese of Albany in 1968 and served as Director of Cemeteries for many years until his retirement in 1999.

NYSAC Past President Dies
Hastings-On-Hudson, N.Y. – James A. McDermott of Peekskill, New York died recently at George Washington University Hospital in Washington, D.C. after a sudden illness. He was 82. Mr. McDermott was born January 4, 1919, in Dobbs Ferry, New York. He graduated from Hastings High School and Pace Business School.

He proudly served in World War II in the 2nd Chemical Mortar Battalion. Mr. McDermott was the president of Mount Hope Cemetery since 1974. He was a longtime Knights of Columbus member and Rotarian recipient of Paul Harris Fellowship Award. He served on the Board of Directors of Birthright and was a past president of the New York State Association of Cemeteries.

Beloved husband of Bettina Cinque, loving father of Maureen and Randy Demler of Burnt Hills, New York, Theresa and Ken Joyce of Carmel, New York, Tina Cinque of Peekskill, Emily and Baron Hersh of Crompond, New York, Diane Cinque of Voluntown, Connecticut, and Carol Pines of New Fairfield, Connecticut. Devoted Opa to nine grandchildren. He is predeceased by his loving wife Margaret Brett and brother Bernard.

Contributions can be made to Church of Holy Spirit, 1969 Crompond Road, Peekskill, or Birthright, P.O. Box 338, Mohegan Lake, New York 10547 of Fr. Anthony AffulBroni, Assepanye Children’s Library, c/o Church of the Holy Spirit.

Marble Statuary Adorns Dedication
Reconstituted Carrara marble continues to experience growth in popularity among North American churches and cemeteries. And the resurgence is making debuts all over the country.

On November 19th of this past year, the Church of the Epiphany on Coon Rapids, Minnesota introduced a new feature on their grounds – a Madonna de Fatima Shrine. The dedication drew an attendance of approximately 3,000 people who gazed at the beautiful statuary proudly provided by Biodan & LP, Inc. (BLP) based in Niagara Falls, New York.

The statuary consisted of hand-carved pieces based on drawings provided by Mark Sanislo – a participating member of the Church of the Epiphany. He presented these drawings to Brendan Hanley, BLP’s regional manager for the North, Central territory, who then provided the striking ensemble of carved and reconstituted marble KosmoluxTM pieces.

The shrine also consists of various other features from BLP; including hand-carved children and sheep. In addition, a number of reconstituted marble KosmoluxTM pieces were provided – Risen Christ and a Pieta, reliefs for the walking Rosary and the Stations of the Cross.

BLP is recognized as a global leader in memorial feature design and production. It is fitting that the Italian-based KosmoluxTM statuary, along with the hand-carved pieces, enhance the grounds of this spiritual shrine.

BLP can be reached toll free at (800) 567-8383 or via fax (888) 246-6326. The company can also be reached via email: sales@biondan.com.

Government & Legal Affairs Update
The 2001 legislative session appears to be another active one. The Government & Legal Affairs Committee along with our legislative counsel, Featherstonhaugh, Conway, Wiley & Clyne, will work diligently towards the passage of the New York State Association of Cemeteries legislative agenda.

The following bill A.3439 has been introduced and the grave reclamation bill will be introduced shortly:

A.3439 –Vitaliano has been introduced in the Assembly. This bill would permit the Modified Return concept to be used on Permanent Maintenance and perpetual Care funds.

The grave reclamation bill will be introduced shortly. This bill would permit cemetery corporations to reclaim graves under certain circumstances, upon application and approval by the Attorney General.

We have also introduced an amendment to the Permanent Maintenance Bill, A.7638/S.3605, that would change the “Cemetery Board” approval back to the “approval of the State Supreme Court,” in reference to changing the 10% contribution to the Permanent Maintenance Fund.

We are also introducing a change to the “Holiday Burial” directive, 201.12, in order to clarify that “it is the duty of a cemetery to attempt to service the needs of those whose religious beliefs require burial within a specified period on days established as holidays or non-working days for cemetery personnel.”

We will continue our efforts to accomplish our legislative agenda.
Frank F. Giglio
Chairman

Court Rules in Favor of Diocesan Cemeteries
In November of last year, the New York State Supreme Court ruled in favor of the Diocese of Rockville Centre that Catholic cemeteries are in fact places of worship. The decision came in a zoning dispute between the Diocese and the Village of Old Westbury regarding a 97-acre parcel that the Diocese had purchased along Jericho Turnpike, with plans to create Queen of Peace Cemetery.

Although the Suffolk County cemeteries operated by the Diocese have available land for future development, Holy Rood Cemetery in Westbury is virtually full, with perhaps a year left of available space for single graves. A special use permit is required to create a cemetery, and the Village denied the permit declaring that a cemetery was a commercial use of the land.
Upon appeal by the Diocese, the Appellate Division returned the case to trial to determine the facts. The Diocese successfully argued that a cemetery is a religious use of the land, citing the rites of the Church expressing clearly the symbolic and religious significance of burial, the Canon Law of the Catholic Church designating cemeteries as “sacred places,” masses and other religious services offered at the cemeteries throughout the year, religious art and artifacts and other symbols throughout the grounds and on headstones and grave markers, and prayer services at the time of burial.

The judge wrote in his decision: “Roman Catholics believe that the burial of the deceased is a corporal work of mercy and a fulfillment of a Catholic’s faith and belief in the resurrection of Christ… Because Roman Catholics believe that a deceased Catholic, as a member of the Communion of Saints, remains part of the Roman Catholic Church even in death, land which is to be utilized as a cemetery is blessed by the Bishop of the Diocese as a place of public worship.” According to state law, religious uses must be accommodated.

The Village has filed a notice of appeal. The decisions of the New York State Supreme Court can be appealed to the intermediate court, the Appellate Division, and then to the Court of Appeals, the state’s highest court.