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OFFICE OF CEMETERY OVERSIGHT

ADVISORY COUNCIL ON CEMETERY OPERATIONS

MINUTES

DATE: September 28, 2006

TIME: 10:20 a.m. – 12:45 p.m.

PLACE: Department of Labor, Licensing and Regulation, 500 N. Calvert Street, Baltimore, Maryland 21202, 2nd Floor Conference Room

PRESENT:

David Goodman, Chair

George Piendak, Director

Patricia Fagan Tress, Investigator

Paulette Wirsching, Assistant Attorney General

Jay Cherry

Richard Cody

William Divelbiss

Frank Porter

Harriet Suskin

Jack Tyrie

GUESTS PRESENT:

Tinna Damaso, Department of Legislative Services

Adrian Harrison, Harrison Memorial Accessories

Harold Harrison, Harrison Memorial Accessories

Craig Huff, Moreland Memorial Park Cemetery

Douglas Sands, Mt. Auburn Cemetery

CALL TO ORDER:

Chair Goodman called the meeting to order at 10:20 a.m.

MINUTES:

After discussion of requested changes, by motion made by Frank Porter and seconded by Jack Tyrie, the Minutes to the July 27, 2006 meeting were accepted.

ANNOUNCEMENTS:

Chair Goodman congratulated Richard Cody, Frank Markowski, Frank Porter, and William Divelbiss on their reappointments on the Advisory Council and thanked them for their time, commitment and dedication to the Council.

The guest speakers for today’s meeting have been rescheduled for October 26, 2006. Chair Goodman arranged to have several speakers discuss their success in the preservation and maintenance of abandoned cemeteries. Chair Goodman feels the subject of abandoned cemeteries is a serious public policy matter and would like all Council members to be present for this discussion. The guest speakers will be asked to attend the October 26, 2006 meeting. The focus for that meeting will be the subject of abandoned cemeteries. George Piendak advised that as the pressures for development across Maryland increase, so do the number of phone calls the Office of Cemetery Oversight receives regarding family cemeteries.

ABANDONED CEMETERIES:

Patricia Tress, Investigator for the Office of Cemetery Oversight, gave a brief synopsis of the visits to family and/or abandoned cemeteries she and Director Piendak have made since January, 2006. Ms. Tress and George Piendak have visited 12 abandoned cemeteries throughout the State, including cemeteries in Baltimore City, Baltimore, Caroline, Carroll, Talbot, Anne Arundel, and Wicomico Counties. Most of the cemeteries visited are family cemeteries in residential areas. As original family descendants are growing older, interest in the regular maintenance of the family cemetery is waning. Cemeteries which were once well maintained by other family members are now becoming neglected, and in some cases, abandoned. The Office of Cemetery Oversight advises complainants that the Office is not responsible for abandoned cemeteries, but tries to offer advice such as contacting boy and girl scout troops, local high schools, state and local officials and agencies, churches, and gardening clubs. The Office of Cemetery Oversight will continue to respond to inquiries received regarding problems posed by abandoned cemeteries.

SUNSET REVIEW:

Chair Goodman advised that legislation must be enacted during the next General Assembly in order for the Office of Cemetery Oversight to continue in existence. Members of the Department of Legislative Services will meet with Director Piendak and other OCO staff and Advisory Council members over the next several months. The legislative auditors will then prepare an updated report and will submit it to the General Assembly. Their report will not be as comprehensive as last year’s Sunset Review, merely an update. The auditors will provide the most up to date information to the House Economic Matters Committee and the Senate Finance Committee. A hearing will be held in late January, 2007.

FREQUENTLY ASKED QUESTIONS:

George Piendak, Paulette Wirsching, and Patricia Tress have recently updated Frequently Asked Questions for the Office of Cemetery Oversight. Numerous questions have been added to the previous list and all questions have been placed under specific categories for ease of use by consumers. All Council members have received copies of the questions and are asked to review them for discussion at a later meeting. Jay Cherry has made several suggestions for additional questions, and it is hoped that other Council members will do the same. It was requested that all suggestions be submitted in writing. Once the questions have been finalized, they will be placed on the Office of Cemetery Oversight’s website.

MONUMENT POLICY STATEMENT:

On August 18, 2006, George Piendak sent a letter to John Yeatman and Guy Saxton of Woodlawn Cemetery regarding the “endowment care fee” being charged to outside monument dealers. Director Piendak reviewed the law and regulations regarding perpetual care fees and interpreted these laws in the spirit of what was discussed at previous Council meetings. In his letter, Director Piendak advised Mr. Yeatman and Mr. Saxton that they may not call the additional fee an “endowment care fee,” and they may not require outside monument dealers to collect the additional fee on behalf of the cemetery.

Jack Tyrie received a letter from Harold Harrison of Harrison Memorial Accessories advising him that Mr. Yeatman is refusing to allow the installation of Harrison memorials until Mr. Harrison pays the endowment fee. Mr. Harrison felt Mr. Yeatman’s refusal was contradictory to Director Piendak’s August 18th letter. Director Piendak advised that he recently spoke to Mr. Yeatman who informed Director Piendak he is revising his contracts and general price lists to reflect the additional “perpetual care” fee for markers installed in his five cemeteries. Mr. Tyrie and several Council members asked that Director Piendak request that Mr. Yeatman waive the perpetual care fee for the five to six markers which Mr. Harrison has not been able to install because the fee has not been paid. Director Piendak agreed to contact Mr. Yeatman with this request for “in the pipeline contracts.”

It was suggested that Mr. Yeatman advise all consumers at the time of sale of a cemetery lot that an additional perpetual care fee will be charged if and when a memorial is placed on a grave. It was also recommended that Mr. Yeatman clarify that the cemetery will invoice and collect any additional perpetual care fees.

CREMATION:

Chair Goodman has not received a response to his letter dated July 12, 2006 to the State Board of Mortician’s regarding proposed cremation regulations. Irregularities were found in the Board’s proposed regulations, i.e. cremation was referred to as “incineration.” Richard Cody also explained the regulatory problem regarding crematories which were on the same sites as funeral homes, but not owned by funeral homes. Paulette Wirsching has spoken to the Assistant Attorney General assigned to the Board of Morticians and expressed the concerns raised by Mr. Cody. She was assured proposed regulations had not yet been submitted to the AELR Committee. It was suggested that Chair Goodman send a second letter requesting a response from the Board of Morticians by a specific date.

PRE-CONSTRUCTION OF MAUSOLEUMS:

The Maryland Freestate Cemetery and Funeral Association has advised the Office of Cemetery Oversight that they will submit a bill to the General Assembly regarding pre-construction sales of mausoleums and the amount of allowable time from sales to use. The spirit of the MFSCFA proposal is to provide and clarify consumer protections for mausoleum consumers. The Association will allow the Office and Advisory Council to review the bill before it is submitted. The bill will likely be modeled after the State of Virginia’s current statute. At a future Advisory Council meeting, Paulette Wirsching will discuss similar statutes enacted throughout the country.

DIRECTOR’S REPORT:

George Piendak advised the Council that the fee adjustment process has been completed. The application forms have been modified to include the new categories of cemeteries. The Office completed the fiscal year with revenues collected slightly in excess of expenditures.

Over the past several months, the Office has focused increasingly on the issue of abandoned and/or old and inactive family cemeteries. Director Piendak has received numerous phone calls from board members of the Bloomery Cemetery located in Caroline County. The Office of Cemetery Oversight is required to play the role of mediator in cemetery issues. In that vein, the Office has been asked to attend a Board meeting of the Bloomery Cemetery. The cemetery was established in the mid-19th century and was originally operated by the Bloomery United Methodist Church. Since 1927, the cemetery was established as a non-profit organization. Several cemetery board members are concerned about the perpetual care trust fund. Mr. Piendak has been asked to attend their next board meeting and help them resolve some of their issues.

The Office of Cemetery Oversight continues to work on the change of ownership of a Southern Maryland cemetery. The former owner and a member of his family have been charged with 33 counts of theft. The Office has played a small role in the State’s Attorney’s investigation. Arrest warrants have been issued, but apparently the defendants no longer live in the State of Maryland. A number of civil complaints have been filed with the Office separate from the case brought by the State’s Attorney.

The Office is continuing to progress in improving its licensing and relicensing process. OCO continues to seek compliance with registration and permit requirements.

INVESTIGATOR’S REPORT:

Patricia Tress reported that the Office of Cemetery Oversight has received 33 complaints since July 1, 2006 (the beginning of the current fiscal year); 55% of the complaints have been resolved.

Our statistical recordkeeping and reporting of complaints and inquiries received at the Office of Cemetery Oversight now includes how the complaints have been resolved and the number of days a complaint remains open.

FALL RETREAT:

David Goodman announced that the retreat normally held in the fall of the year has been rescheduled for Spring, 2007.

DISASTER PLANNING:

Frank Porter advised the Council that he attended the Maryland Association of Counties conference held in Ocean City in August, 2006. He was told that the Maryland State Department of Planning met with the International Cemetery and Funeral Association to develop a disaster plan for funeral homes and cemeteries. Sarah Rex contacted Director Goodman prior to today’s meeting and advised him she has information regarding disaster planning. Chair Goodman will copy the document and will distribute it at the next meeting.

CEMETERY PERSONNEL CERTIFICATION:

Sarah Rex also advised Chair Goodman that the Maryland Freestate Cemetery and Funeral Association is considering organizing a certification program through their organization for cemetery personnel. Courses in sales, maintenance, legal issues, etc. will be held throughout the year. Upon successful completion, cemetery personnel will be certified through MFSCFA.

ADJOURNMENT

On motion of Frank Porter and seconded by Jack Tyrie, the Council voted unanimously to adjourn at 12:45 p.m. The next meeting is scheduled for October 26, 2006 at 10:00 a.m.

Approved:

___ With corrections

___ Without corrections

_____________________________________ _______________________

(Signature of Chairman) (Date)

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