Broadcaster Summer 2010
TABLE OF CONTENTS
2010 Public Affairs Seminar click here
President's Message click here
Yonkers Scout Organizes Volunteers to Restore Historic Memorials at the Woodlawn Cemetery click here
Farewell click here
Samuel Chester Reid click here
Merendino Cemetery Care
Designs New Logo click here
Exciting Fall Conference Planned click here
Cemeteries Thinking Outside of the Box -
But Not Alone click here
New York Department of Labor Determines that Wage Deductions to Recoup Overpayments are Impermissible
click here
The New York Cemetery Insurance Program
Pays 15% Dividend to Policyholders click here
White Haven Announces First Green Burial
Area in Rochester, NY click here
Government & Legal
Affairs Report click here
Kensico Cemetery and Merendino
Cemetery Care Win Top Honors
for Corporate Design click here
Save the Dates! click here
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PDF File of entire Broadcaster Summer 2010
2010 Public Affairs Seminar By Theresa Joyce
Have you seen the new Power of Attorney New York Statutory Short form required to be used after September 1, 2009?
Do you know where your contribution to the Vandalism Fund is going?
Do you know where investment opportunities exist in this volatile market?
Did you know the Division is contemplating contacting your bank regarding your Trust Funds?
Do you know where we’ll meet in October 2010?
If you attended this year’s 33rd Annual Affairs Seminar, you know the answers to these and many other questions. Thanks to our Cemetery sponsors, Bollinger Insurance, Inc., Ensure-A-Seal, Kryprotek, Matthews, Merendino Cemetery Care, Regan Agency, Inc. and Chairman, Andrew Nagel, nearly 100 attendees were welcomed to the Desmond Hotel & Conference Center in Albany, NY on May 3 and 4. Over one dozen first-time Cemeterians and suppliers also were in attendance.
The Cemetery Board was available for questions after their monthly meeting and all were introduced to Robert Welch, their newest member from the Department of Health.
The difficult economy was certainly the topic of the day. There was much discussion of the required 4% interest on repurchases, redefining “small” cemeteries to give relief with required CPA audits and Permanent Maintenance funds contributions. Stephen Burke of A.R. Schmeidler & Co. Investment Advisors, a Hudson Valley Bank company, spoke of investment opportunities in this volatile market including those in China, who as net importer, is in the position to secure its future needs at today’s costs.
The NYS Association of Cemeteries Government & Legal Affairs Committee, represented by Frank Giglio, Chairman and David Fleming, spoke of several bills currently being monitored including the Federal “consumer protection” bill, which all were asked to submit letters of opposition to their representatives as soon as possible.
Insurance issues facing Cemeteries today presented by Brennan Regan of the Regan Agency and Steven Marshall of Bollinger Insurance included informative handouts and/or discussion of: Health Care Reform Overview, Cemetery Professional & General Liability including the need for inclusion of mental anguish under definition of bodily injury, Contractual Risk Transfer, the important distinction between Occurrence vs. Claims Made Policy Forms, and how property damage to monuments can be handled.
Closing the seminar, the always popular “Ask the Lawyer” session included questions regarding heirship, disinterments, rules and regulations, society plots, and municipal regulation on development. As always, much was debated and the discussion was lively. All agree ambiguities in the law abound and hopefully this situation can be addressed.
There truly is no other venue to get so much information in such a short time. Hopefully, the first-timers would agree.
Be there next year to hear and be heard!
President's Message Dear Members,
We made it through the winter, breezed through spring and now we’re enjoying the summer months. This is a busy time of year for cemeterians. Getting our field crews fully deployed, making sure gardening orders are scheduled and completed, and seeing that our grounds and buildings are as presentable as possible. In fact, each season of the year presents its own challenges.
Your executive board, board of directors and committees are always being challenged to bring to the membership information to share and programs of interest from which we can all benefit, regardless of cemetery size, interment numbers or location throughout the state.
Our 33rd Annual Public Affairs Seminar held in Albany in May was again a big success thanks to the efforts of seminar chair Andrew Nagle, our program speakers and the fine panel of attorneys that continued to spark discussion on real life issues facing our cemeteries each day. Thanks to the suppliers and cemeteries for their sponsorships. As always, we thank the New York State Cemetery Board for scheduling their meeting to coincide with our program and for the efforts of Rich Fishman and the Division of Cemeteries staff for their participation. I am sure our first time attendees found the seminar to be interesting and that they will become involved in future activities of the Association.
Our Government and Legal Affairs Committee, chaired by Frank Giglio was pleased to report that the Governor recently signed the Municipal Assistance Bill which was strongly supported by NYSAC. There are a number of other legislative issues which we continue to monitor. We will keep membership posted on these pending bills as they get reintroduced in the new legislative session.
Please mark your calendar for October 3-5, for the 2010 Fall Conference to be held at Turning Stone Resort Casino. Conference chair John Toale is planning a terrific program with engaging speakers.
As my term of President is coming to a close I would like to thank the Board and Committees for their support and hard work. Thanks also to Beth Seme and her staff for their assistance throughout the year. My gratitude also goes to David Fleming, Jr. for his tireless legislative work on behalf of our Association. This has been a rewarding year and it has been an honor and privilege to serve our industry and the membership of the New York State Association of Cemeteries.
Sincerely,
Jay Ivler
NYSAC President
Yonkers Scout Organizes Volunteers to Restore Historic Memorials at the Woodlawn Cemetery
By Susan Olsen
Anthony Ragusa, a member of Yonkers Scout Troop 25, first learned about the Woodlawn Cemetery three years ago when he volunteered to place flags on veterans graves on Memorial Day. This year, Anthony decided to do more for the historical burial ground by organizing a group of volunteers to reset and clean grave markers and level and seed a section of the cemetery. Ragusa is doing this for his Eagle Scout project, which requires him to raise funds, organize and train volunteers and make a difference in his community.
“I decided to organize an effort to clean up the Honeysuckle Plot because it is an area of the cemetery where there aren’t many visitors or descendents to care for the graves. When you read the inscriptions and research the individuals you find there are several victims of the 1918 Spanish Flu Epidemic, men who fought in World War I and many who had interesting lives but are forgotten today. “I hope by restoring this section it will bring attention to similar areas and remind people that no one should be forgotten.” Ragusa said.
The Eagle Scout project involved documenting the condition of the monuments, selecting cleaning methods, resetting stones and cleaning their surfaces. Over thirty volunteers worked on the project over three weekends, including Memorial Day weekend. Ragusa raised over a thousand dollars to fund the project by coordinating a spaghetti dinner and raffle. In addition to cleaning and resetting 140 markers, Ragusa plans to purchase a gravestone for one of the unmarked graves with funds he raised. Yonkers Scout Troop 25 has decided to continue the project and will be moving forward with the clean up of another section of the Honeysuckle Plot of Woodlawn in the fall.
Farewell
After forty years of service to the Catholic Cemeteries of the Diocese of Rockville Centre (plus a couple more if you count the time spent cutting grass and installing irrigation systems while I was in college) I have decided to retire effective the end of August. This is a great opportunity for me to take some time to decide what I want to do with the rest of my life when I grow up. The future includes relocation to the Southwest which should give me more time to work on my golf game. So far prayer alone has not been effective.
I will certainly miss all the outstanding men and women from across the state who are responsible for the care of cemeteries and your gentle compassion for the families who need our services. Regardless of the cemetery, religious or non-sectarian, our mission is sacred. We bring comfort to those who mourn and are the guardians of history. Every one of you who performs this duty to your best provides invaluable service to our state and our country. Though we rarely receive public recognition, those of us who do this work recognize the challenges we face and the dedication needed to do the job right.
I enjoyed my years on the Board and my service as president of NYSAC, and though I do not know that I will have the opportunity to attend another association event (unless Arizona miraculously becomes an “adjoining state”) I will forever feel honored to be remembered as “Past-President” of the New York State Association of Cemeteries and to count you as friends.
May the Lord bless each of you and your families.
Sincerely,
Neal Barlin
Samuel Chester Reid
By Jeff Richman
Recently, the Woodhaven Historical Society was touring Green-Wood Cemetery in Brooklyn. A very nice woman in the group was looking for a specific monument at Green-Wood that included a flag pole. Her reference was apparent: there is indeed a monument to Samuel Chester Reid, War of 1812 naval hero. Mr. Reid came up with the idea, approved by Congress in 1818, of changing the number of stars on the American flag when a new state was admitted to the Union, but leaving the thirteen stripes for the original states intact. That was the monument the woman was looking for!
It turns out that this woman’s father was Vito Marinelli, a monument maker. He was one of the men of the Associated Granite Craftsmen’s Guild who, after realizing that Reid’s grave was originally unmarked, designed and funded a monument for him back in the mid 50’s.
Just days after this tour, Green-Wood received photographs in the mail of Vito and the dedication ceremony. The pictures included one of Vito (shown with this article), another of the actual dedication ceremony of the monument on October 25, 1956 and a close up of the banner marking the occasion.
Meyer Berger’s New York Times covered the dedication. In his story, Mr. Berger wrote: “About a year ago Tom Manning, historian at venerable Green-Wood Cemetery in Brooklyn, discovered the unmarked grave of Capt. Samuel Chester Reid, who designed the stars and stripes that first flew at the Capitol in Washington in 1818.”
“The Granite Craftsmen’s Guild of New York, made up of some forty dealers in monument stone, designed and has set up in Green-Wood a simple granite monument to mark the forgotten grave. It will be unveiled at 2 o’clock this coming Sunday afternoon, October 25, 1956. The stone, meant to be everlasting, bears the legend: “Samuel Chester Reid 1763-1861. Designed the flag of the United States of America with thirteen stripes and one star for each state. Approved by Congress April 4, 1818. The first flag of this design, made by Mrs. Reid, was flown over the Capitol at Washington, April 12, 1818.”
“The epitaph also tells how Captain Reid, commanding the frigate General Armstrong, engaged three British men-of-war at Fayal in the Azores on Sept. 26, 1814, and delayed their journey with reinforcements and with military supplies, to enable Gen. Andrew Jackson to win the battle of New Orleans.”
Merendino Cemetery Care
Designs New Logo
Editor’s note: We received an article from Kensico for this month’s Broadcaster about the Golden W award they received for their annual report (see article elsewhere in this issue). They told us that Merendino Cemetery Care also received a Golden W award for their new logo and told us that there was a heart warming story that went along with the logo. We contacted Gino Merendino who has been a faithful vendor of NYSAC for years and he sent us this article about their new logo. Thank you Gino!
I recently got a call from Chet Day of Kensico cemetery congratulating me on winning the Golden W award for our new logo. I was surprised but in no way felt that the logo was undeserving of this honor.
I struggled with a meaningful logo design for years, that is, until I met Gary. Gary was a cemetery caretaker in Staten Island. When I asked Gary about the flag on his business card he told me his story. His son, a NYPD officer was fighting in Iraq. He had joined the military like so many others after 9/11 in a ground swell of patriotism. Gary’s story especially touched me because he explained how every time his wife heard news of casualties from Iraq, she would go into a fit of terror and lock herself in her room until her son would call to say he was ok. I was amazed at the sacrifice his family and so many other families have made for the liberation of a country.
These days are reminiscent of a time not so long ago when American GI’s risked their lives to help seal the fate of my family. Although the events were before my time, from the house I was born in, you can see where Patton’s army once marched on Highway 113 through to the Straits of Messina and onward to liberate all of Italy from Nazi occupation.
With a heartfelt sense of appreciation for our country’s freedom and for those who have helped us achieve that freedom in the past and those who continue to fight for it today, we commissioned Jeri Froehlich to design our company logo. We asked Jeri to keep in mind the solemn moment of a funeral when the folded flag is handed to the widow of a hero. At that moment, the stars are facing upward toward heaven which symbolizes our nation’s motto “In God We Trust”. Jeri made it very personal by using the folded flag that once draped her father-in-law’s casket and, like so many folded flags of our heroes, was then given to a widow or widower.
Not every funeral has the same pomp and circumstance as one with military, police or fire uniformed personnel, but every funeral has its unique and special purpose to those who attend the service. Cemeteries provide that amazing and sacred space for this tribute to happen. So for me, more then anybody else, that logo honors those who help create that sacred space. For both the managers who run cemeteries and the caretakers who carry out your plans, that logo honors you.
Exciting Fall Conference Planned
click here for more information on the 82nd Annual Fall Conference
By John Toale, Jr.
Make your reservations for the 2010 NYSAC Fall Conference, October 3 - 5, 2010, at the Turning Stone Resort & Casino. This is sure to be one of the most enjoyable and educational NYSAC conferences ever! The conference will kick-off with an afternoon golf outing at Turning Stone’s Shenendoah Golf Club on Sunday, October 3. This 18-hole course was listed as one of Golf Digest’s 2010 Best Courses in New York State and Golfweek’s 2010 Top 100 Best Resort Courses. Come in a day earlier and play one of the other award-winning Turning Stone courses - there are five to choose from! Later that evening, be sure to attend the reception with cocktails and refreshments, followed by dinner and entertainment. We are pleased to announce that Charlie Thomas’ Drifters will be performing their famous hits like This Magic Moment, Under the Boardwalk, and On Broadway. Charlie Thomas, who started recording with the group in 1958, is the only real Drifter still doing The Drifter’s famous hits!
Monday’s program will feature top speakers delivering timely and informative programs. The keynote presentation will be given by Ken Gronbach, seasoned marketing professional and dynamic public speaker. I had the pleasure of attending his presentation at the ICCFA Annual Convention in March where he received the highest evaluation ratings ever given by attendees. Ken will analyze our present and future through the lens of shifting demographics. I assure you…you will enjoy this topic and his inspiring delivery!
Photographer-writer, Doug Keister, will discuss his book on cemetery symbolism, Stories in the Stone: A Field Guide to Cemetery Symbolism and Iconography. Dr. Dennis Montagna, Architectural Historian with the National Park Service will present, “New York City’s African Burial Ground: from Forgotten Cemetery to National Monument.” He will also give a slide show presentation. Mike Young, Health and Productivity Practice Leader with Buck Consultants, will speak on, “Healthcare Reform – The Time is Now.” Don’t miss this timely talk!
On Monday, be sure to visit the exhibitor displays in the Catskill Room of the Shenendoah Clubhouse. Our suppliers are appreciated and are important to the success of the conference. Breaks and lunch are scheduled near the exhibits. The spouse and guest events will include a 1 ½ hour nature walk in the morning and flower arranging class in the afternoon. Monday night’s reception and dinner will feature the installation of the new board officers. No music is scheduled for this event so we can renew old friendships and make new ones.
Speaking of new friends, we hope more people will join us this year for the 2010 Annual Fall Conference. The convenient location, shortening of the of the program to two nights, and the two-tier rooming option should encourage those who may have perceived this conference too expensive to attend. We hope to see you there!
Cemeteries Thinking Outside of the Box -
But Not Alone
By Val Newell
Editor’s note: Bethlehem Cemetery Association is a cemetery near Albany with a total of 26 acres (16 developed). In 2009, they performed 59 interments using no full time staff. The Division of Cemeteries refers to Bethlehem Cemetery Association as “small but busy!” Val Newell has been very active in NYSAC and currently is a member of the Board of Directors and the Chair of the Disaster Preparedness Committee. We hope this article is helpful to everyone, but especially to the many smaller cemeteries that make up a large portion of NYSAC’s membership. If you would like to contact Val, her phone number is 518-439-2394 or email her at bethlehemcemetery@nycap.rr.com. Their web site is
www.bethlehemcemetery.com.
Cemeteries are, for the most part, older places in a community, rooted in tradition (religious or otherwise) and I hear frequently the words, “It has always just been done that way.” That is one of the things that makes keeping cemeteries viable – and face it- just being a cemetery can be difficult. How can smaller cemeteries think outside of the box? How can we make enough money to pay today’s bills and keep the cemetery grass mowed and roads maintained for tomorrow when the last grave is sold? More so, how can we do that without getting a bad reputation in the community as being over-priced? How do we answer questions like, “is it tacky to advertise?” How can we tell the public we are not an arm of a funeral home but rather a sacred place where families are cared for, forever? How can we get the message out that we are struggling to make ends meet? And sometimes, no matter how hard we try, we just can’t and the decision of turning a beloved place over to municipal management is the only answer. Keep in mind that the majority of cemeteries in New York State are smaller in size, and many are run by volunteer boards.
Getting people with interest and ability in this very unique business to just give of themselves and their time is a huge mission. Then, if you do find those volunteers – getting people who understand the NYS Cemetery Law, countless municipal and State regulations and laws, and also have the skill set to run a very unique type of business- well that is next to a miracle!
As an outsider to this business seven years ago, I came in with a different perspective – and one that has not always been popular. My mantra was IT IS A BUSINESS SO RUN IT LIKE ONE. We had no revenue stream, or business plan, but more importantly, we had no checks and balances to be sure things were really getting done properly and in compliance with all the laws cemeteries must comply with. We needed rules and guidelines about what was going on in OUR CEMETERY. The place was being used as a park by bicyclists and joggers; a dump site by landscapers who just added to our spoils pile with their debris; a garden space by lot-owners who had no regard for the fact that we really did need to bury on the grounds; and worse yet, it was being used by local teens as a hang-out and a place to skate-board. Really though, we needed knowledge about the cemetery industry and its best practices and new ideas.
Where do you start? Some people said things were just fine because the grass was mowed and people were, in fact, being buried. Our board, however, saw differently. We were seriously under funded in our trust fund; there were management issues that needed to be addressed; we were losing our insurance through no fault of our own; and we didn’t have good maps or records. We were in over our heads and didn’t know what hole to plug first! We needed to think outside the box, and so it began.
We got on track with forming a budget. We began collecting on our accounts receivables. We looked at what we were charging and what we really needed to charge and revised our price list. We looked at what we were giving away for free and found a way to still be generous where we could, but to charge for things that took a great deal of time but gave us no financial reward. We found out what was necessary and what was not, and cut those items and added things that would help our trust fund grow.
Then, we advertised – tactfully to let the community know we were alive! We began using our local chamber of commerce to effectively get the message out that we were part of this community. We began going to events - community health fairs, student career fairs, giving presentations at churches and assisted living communities about pre-need planning and just answering questions. We reached out to other organizations and asked for help. For example, we went to places like the youth court and the local scouting organizations and 4-H clubs. We thought about what else we could do with our limited staff and volunteers to bring in more money.
We found out that one part of the secret was in answering questions. When people asked why we didn’t have gardens, we explained that we needed volunteers to maintain them and donations to fill them. Miraculously, some hands came to work and the plants came by donation from businesses and personal gardens in town! When asked why we don’t have grass seeding done in places that need it, we explained that the cost of seed and the time to water and plant it were just not there. People began seeding areas themselves- even beyond their lots. They would come in to water when the rain did not meet the needs. We answered genealogy requests with more questions that updated our records - and we got paid for it! We were thinking outside of the box, doing more with less.
The biggest thing that helped, though, was our involvement in NYSAC. We had always been a member, but that simply meant two of our elderly board members would go to the May conference in Albany to just listen. When we started really participating by networking, attending the regional conferences and attending the annual fall meeting, things really started to pop and lots of new ideas and relationships with experienced colleagues grew. We got real-time ideas from hands-on cemeterians and professional business administrators, and the vendors who gave presentations and who came to talk provided excellent food for thought and materials to take back to our cemetery. The information from presenters at NYSAC’s annual meeting on everything from professional public speaking, burial practices world-wide, advances in science for cremation options, and historic burial grounds gave great conversation openers for many of those business breakfast meetings, networking events and public speaking opportunities that we’ve attended. No time spent at these meetings was wasted. It was money and time well-spent.
As a person new to the cemetery industry, I have learned so much from the contacts that I have made as well as the information and educational materials that I have received, but mostly from the real friendships from my cemetery’s membership and participation with NYSAC. If you are not a real participant in NYSAC sponsored activities, you and your cemeteries are missing out on a great opportunity. I now think of myself as more of a veteran cemeterian, but still with a lot to learn and knowing I have a great support in the colleagues and friends I have met through NYSAC and the new and improved educational opportunities it offers with every year of our membership. In case I don’t get a real opportunity to express my personal appreciation and satisfaction with our cemetery’s membership, thank you for keeping this wonderful organization alive and cost-effective and for bringing such wonderful information to cemeteries, both large and small.
New York Department of Labor Determines that Wage Deductions to Recoup Overpayments are Impermissible
Submitted by Ken Taylor
The New York Department of Labor (“NYDOL”) recently opined that certain deductions from an employee’s paycheck, including deductions to recoup overpayments, loan advances, and tuition reimbursements, are prohibited under the New York Labor Law § 193 (“Section 193”). Section 193 (1)(b) of the New York Labor Law prohibits employers from making any deductions from an employee’s wages except for those that are expressly authorized in writing by the employee and that are for the benefit of the employee. The permissible deductions under Section 193(1)(b) include payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee. Section 193(2) further states that an employer may not require an employee to make any payment by a separate transaction unless such payment is consistent with the permissible deductions listed in Section 193(1)(b). The NYDOL had previously opined that an employer may recoup overpayments or other advances from an employee, with his/her written consent, by deduction of the total amount from the employee’s paycheck in the next pay period or by deducting a percentage of monies owed over several pay periods so long as the deduction does not exceed 10% of total wages in that period. The NYDOL now has taken the position that such deductions are no longer permissible under Section 193.
In an opinion letter dated January 21, 2010, the NYDOL responded to an inquiry regarding the permissibility of retrieving an overpayment from an employee by means of a wage deduction where the employee consents to the deduction. The NYDOL responded that such deductions, regardless of amount or agreed-upon time period of repayment, are impermissible under Section 193 because deductions designed by an employer to recoup an overpayment do not qualify as an authorized deduction enumerated under Section 193(1)(b). The NYDOL explained that permissible deductions authorized by Section 193(1)(b) are all “monetary or supportive”, meaning they are investments of money for the later benefit of the employee (i.e., deductions for insurance, pension benefits, health and welfare benefits, payments of U.S. bonds) or they are used by a third party to support some other purpose of the employee (i.e., contributions to charitable organizations, payments of Union dues). The NYDOL also highlighted a New York Court of Appeals decision, Angello v. Labor Ready, 7. N.Y.3d 579, 586 (2006) in support of its determination. The Angello decision holds that payments that go “directly to the employer or its subsidiary violate[s] both the letter of the statute and the protective policy underlying it.” Accordingly, it is unlikely that any deductions beyond those enumerated in Section 193(1)(b), in particular deductions that are intended to benefit the employer exclusively, are permissible under Section 193. Furthermore, because a deduction to recoup an overpayment does not qualify as a “similar payment” under Section 193(1)(b), such deduction is incompatible with the language of Section 193.
The effect of this determination is that an employer may no longer recoup any amount of an overpayment by means of a wage deduction, even at the employee’s insistence. Nor may an employer require an employee to make any payment by a separate transaction if the employee would be disciplined for refusing to do so, as the NYDOL further clarified. The NYDOL has indicated, however, that an employer may request that the employee return the overpayment if the employer clearly communicates that the employee’s refusal to do so will not result in any discipline.
To the extent an employee refuses to return the overpayment voluntarily, the NYDOL has stated that employers may seek relief in a civil court action against the employee. In addition, an employer may still discipline an employee for failing to inform the employer of an overpayment so long as the disciplinary action does not violate a collective bargaining agreement or the employer’s policies.
In light of this opinion, it is increasingly important that employers take additional steps to avoid making overpayment to their employees. In addition, employers should be mindful that deductions for tuition reimbursement programs and loan repayment programs are also impermissible under the Labor Law. Given the restrictions on employers’ abilities to collect monies paid to their employees, employers are encouraged to advance monies to employees only under limited circumstances. Please contact Adam Harris or any other attorney at the Firm at (212) 758-7600 or for additional information or if you have any questions about the content of this advisory.
This Advisory is intended for informational purposes only and should not be considered legal advice. If you have any questions about anything contained in this Advisory, please contact Collazo Florentino & Keil LLP. All rights reserved. Attorney Advertising.
The New York Cemetery Insurance Program
Pays 15% Dividend to Policyholders By Brennan P. Regan, Regan Agency, Inc.
Regan Agency, Inc. and The Utica National Insurance Group are pleased to announce that we have paid a 15% Dividend to policyholders in The New York Cemetery Insurance Program (NYCIP). The dividend is paid for the 2008 – 2009 policy term, and is the third consecutive year that we have paid a dividend to our policyholders.
The dividend reflects the group’s ongoing efforts to control losses and manage risk. By reducing exposures and effectively managing claims, NYCIP’s combined risk management initiatives are paying off for policyholders by ensuring safer environments for visitors and keeping insurance affordable for cemeteries during trying economic times.
NYCIP is a comprehensive insurance program designed specifically for cemeteries. Created by Regan Agency and The Utica National Insurance Group in March 1999, NYCIP can be tailored to meet the coverage needs of cemeteries large and small. NYCIP differentiates itself from standard insurance policies with the combination of competitive pricing, specialized coverage, and the ability to pay dividends to policyholders.
Headquartered in Utica, New York, The Utica National Insurance Group is a specialist in niche market insurance programs for Non-Profit Organizations, offering innovative insurance solutions to religious institutions, libraries, volunteer fire departments, schools, and cemeteries. Utica National is among the Top 100 insurance organizations in the nation, and has been consistently named to the elite Ward’s 50 List of top performing insurance companies in the United States, selected from over 3,000 insurance companies. Utica National was recently classified as a “Super-Regional Insurance Carrier,” indicating its strength as a leading multi-state insurer.
For more information about NYCIP or any of the other insurance products that we offer for Cemeteries, please contact Brennan Regan at (631) 669-3434 x.224 or
bregan@reganagency.com.
White Haven Announces First Green Burial
Area in Rochester, NY By Andrea L. Vittum
White Haven Memorial Park is pleased to announce the opening of the first and only green burial area in Rochester, NY.
The new burial area, called Bluebird Meadow, is a one and a half acre site within the 170 acre cemetery on Marsh Road in the Town of Perinton. It will eventually accommodate over 600 burials and is fully certified by the Green Burial Council, a national organization that sets and monitors standards for green or natural burials.
Green burial is a relatively new term being used to describe an old tradition. With green burial the body is buried in a shroud or simple, bio-degradable container in a natural setting. Toxic embalming fluids such as formaldehyde are not used and caskets and burial vaults made of concrete, metal and treated woods are not permitted. Until the Civil War era, this simple style of burial was common in the United States and throughout the world. Now, environmentalists see a return to this natural type of burial as a more sustainable practice that will protect the earth and its resources from further destruction.
At White Haven, the green burial area is located in a wildflower meadow that is home to several pair of nesting bluebirds. By preserving this area as a meadow, White Haven will protect this important nesting site as well as all the other birds, butterflies and animals that eat, mate and find shelter within the meadow. The meadow will only be mowed once each year to prevent reforestation, thereby reducing the need for vehicles powered by fossil fuels and eliminating the need for herbicides and pesticides, which are banned in a green burial area.
Without being contained in sealed burial vaults, bodies buried in Bluebird Meadow will be allowed to return to the soil, providing nutrients for the flowers and grasses growing above. Burial sites will be marked by rough-cut rocks, included in the price of the grave, and visitors will be encouraged to sprinkle wildflower seeds over the burial site to encourage re-growth of plants that nourish wildlife. A small, bronze plaque may be added to the rock, if desired.
White Haven’s Bluebird Meadow is only the second green burial area in New York State. In addition to the Green Burial certification, White Haven is also fully certified as an Audubon Cooperative Sanctuary by Audubon International. This certification indicates that the property is being managed according to specified standards in the categories of wildlife and habitat management, resource conservation, integrated pest management, waste management and outreach and education.
For further information on green or natural burials, see the Green Burial Council’s Web site at www.greenburialcouncil.org, visit White Haven’s Web site at www.whitehavenmemorialpark.com or contact Andrea Vittum at 585-586-5250.
Government & Legal
Affairs Report The Government & Legal Affairs Committee, with the assistance of David Fleming, have been busy during this extremely difficult legislative session. Below are some of the bills of interest that we have been monitoring:
Priority Bill – Municipal Assistance Bill
A.4217 BRODSKY/S.2516 THOMPSON
Provides that any municipality may appropriate and provide funding, goods and/or services to a public cemetery Strongly Support
2009 - Passed in the Assembly 6/22
2010 – Passed in the Senate 3/25
2010- signed by the Governor
(b) Customer Bill of Rights
A.7036 WEISENBURG/S.3561 C. JOHNSON- requires cemetery Corporations to provide customers with a bill of rights
(c) Senator Parker’s Veterans’ Cremation Bill
S.6840/No Assembly Bill- would simplify the burial of cremated remains that have remained unclaimed
(d) Senator Sampson’s newly introduced “Right of Publicity”
S.6790/No same as – provides for the right to privacy and publicity for deceased persons
(e) Relates to reacquisition of a lot from a burial society
S.5726 Klein-A.7490-A Cymbrowitz; passed the Senate on 3/8/10, referred to the Corporations, Authorities & Commissions on 1/6/10
(f) Prohibits sale of monuments by religious corporations
S.5410 Klein-A.7798 Morelle; referred to the Corporations, Authorities & Commissions on 1/6/10 – OPPOSE
Please be generous to the Legal Fund request letter when you receive it. We need the support of the members and suppliers in order to have our voice heard in Albany.
Have a wonderful summer. Hope to see you at Turning Stone in October.
Frank F. Giglio,
Committee Chairman
Kensico Cemetery and Merendino
Cemetery Care Win Top Honors
for Corporate Design
Kensico Cemetery and Merendino Cemetery Care each took top honors at the Advertising Club of Westchester’s Big W Awards gala held Wednesday, June 9 at Abigail Kirsch Tappan Hill Mansion in Tarrytown, NY.
Kensico Cemetery earned a Gold award in the Corporate Design/Annual Report category for “Cornerstones: The Early Years at Kensico”. Merendino Cemetery Care earned a Gold award in the Corporate Design/Identity category for its new logo depicting a folded American flag with six stars visible.
A panel of 12 judges from New York and Connecticut advertising, graphic design, and media agencies critiqued entries based on a point system in 40 categories of print, broadcast, and outdoor advertising, corporate and package design, point-of-purchase displays, web design, and public relations.
The Kensico annual report, a 16-page four-color brochure with accompanying financials was designed and developed by Black Forest Communications, Inc. of Tarrytown. The Merendino Cemetery Care logo was produced by Froehlich Bonini Associates of Ossining, a graphics design firm.
Save the Dates!
New York State Association of Cemeteries Annual Regional Conferences
“Don’t Fall Behind”
- Get updated on Government and Legal Affairs Issues
- Learn all about Disaster Preparedness
- Network with fellow Cemeterians
October 6, 2010 – Syracuse
October 20, 2010 - Oneonta
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