OFFICE OF CEMETERY OVERSIGHT



OFFICE OF CEMETERY OVERSIGHT

ADVISORY COUNCIL ON CEMETERY OPERATIONS

MINUTES

DATE: May 25, 2006

TIME: 10:05 a.m. – 1:10 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

Leila Whitley, Administrative Aide

Paulette Wirsching, Assistant Attorney General

Richard Cody

Susan Cohen

Erich March

Frank Markowski

Frank Porter

Sarah Rex

Harriet Suskin

Jack Tyrie

GUESTS PRESENT:

Charles Brown, Rest Haven Cemetery

Harold Harrison, Harrison Memorials

Carolyn Jacobi, Eternal Justice

Tammy Prysiazny, Green Mount Cemetery

Ellen Rapp

Richard Rapp

Guy Saxton, Woodlawn Cemetery

John Yeatman, Woodlawn Cemetery

CALL TO ORDER:

Chair Goodman called the meeting to order at 10:05 a.m.

MINUTES:

By motion made by Frank Markowski and seconded by Frank Porter, the minutes to the April 27, 2006 meeting were accepted.

ANNOUNCEMENTS:

Chair Goodman announced that the Council will continue the discussion of last’s month’s public hearing regarding the fees being charged for perpetual care around monuments in a cemetery in excess of the minimum perpetual care fees required by law. The guest speakers for today’s meeting are Richard and Ellen Rapp who formerly owned and operated a crematory in Montgomery County. Next month, at the June meeting, the Council will be discussing a new topic – preconstruction sales of mausoleums.

PERPETUAL CARE FEE FOR MONUMENTS:

Discussion continued from the April meeting regarding the perpetual monument care fee being imposed on purchasers of monuments by some cemeteries in the state. The monument dealers and their spokesman feel the fee is unfair, and they do not feel they should have to collect any additional fees from the customers. Paulette Wirsching stated that perpetual care is defined by statute and shall be used for grass cutting abutting monuments, care of the cemetery property, etc. The perpetual care trust fund is not to be used for the care and maintenance of monuments. While 10% is the minimum requirement for cemetery sales, there is no statutory maximum percentage or amount for deposit into perpetual care funds.

It was explained by several cemetery operators that once a monument is installed, the maintenance cost in the cemetery increases. If the consumer does not place a marker on the grave, they are not being charged the additional amount for care around the monument. Jack Tyrie read a statement expressing the concerns of the monument dealers. They believe consumers are being hurt by the additional charge even if the proceeds are deposited in the perpetual care fund. Mr. Tyrie made a motion to disallow the charge. Chair Goodman asked the Council to hold off making any motions until additional discussion has taken place at this and the next meeting.

Richard Cody believes the Council needs to review and to understand the history behind cemeteries and the perpetual care fund in order to fully understand the problem. Erich March explained that once a monument is placed on a grave, the grave maintenance is increased. If a marker sinks, the cemetery is responsible for leveling the grave, not the monument dealer. Chair Goodman stated that the Council can make a recommendation to the Director based upon their discussion.

Richard Cody moved to table until the June meeting Jack Tyrie’s motion to eliminate the per square inch fee charged by some cemeteries for monuments; Richard’s motion was seconded by Susan Cohen. Five Council members voted to table the motion; three voted against tabling the motion.

The Chair decided and the Council agreed that the perpetual care fee issue would be discussed at next month’s meeting on June 22nd.

LEGISLATIVE UPDATE:

Paulette Wirsching advised the Council of the Department’s legislative deadlines for the 2007 session:

1. June 30, 2006 – Legislative concept papers must be submitted to the Office of the Secretary;

2. July 10, 2006 – Secretary determines the Department’s legislative priorities;

3. July 25, 2006 – Completed Legislative Priority packets submitted to the Office of the Secretary;

4. July 31, 2006 – Priority packets submitted to the Governor’s Legislative Office;

5. Aug. 14, 2006 – Completed Legislative packets submitted to the Office of the Secretary; and

6. Sept. 1, 2006 – Legislative packets submitted to the Governor’s Legislative Office.

GUEST SPEAKERS – RICHARD AND ELLEN RAPP:

The Rapps shared their experiences with the Council during their time in Mississippi after Hurricane Katrina. They acted as liaison between the families, funeral homes and the morgue. Many Stewart cemeteries were damaged including one building which was destroyed. The destroyed building housed all of the cemetery records. The Rapps highly recommended that electronic copies of all documents be stored at an off-site location in case of emergency. One Stewart cemetery was unable to operate for two weeks. After two weeks, its operation was still minimal.

They also recommended that crematory operators be licensed and be required to, at least, be required to complete the retort training course offered by retort manufacturers. Mr. Rapp pointed out that the operator should know how to replace retort sensors, floorings and bricks.

Paulette Wirsching spoke about various websites she found which discuss strategic plans in case of a pandemic crisis. There is a great deal of planning which is already occurring in Maryland and the Council can tap into those resources. A letter from Skkot Cody discussing State and Frederick County preparations was circulated. It was recommended that our consumer brochure include tips for preparing for a catastrophic event.

MORTICIANS’ BOARD MEETING SUMMARY REPORT:

Richard Cody and George Piendak attended the May Morticians’ Board Meeting. The Board is currently working on adopting rules for the regulation of crematories located in funeral homes. Chair Goodman has mailed a letter to their Chair requesting that the two boards work together to get crematory legislation passed during the next legislative session. The OCO Advisory Council has previously designated a subcommittee to meet with the mortician representatives: David Goodman, Susan Cohen, Sarah Rex, and Erich March.

INVESTIGATOR’S REPORT:

Patricia Tress advised the Council that complaints increased 50% from April to May. The majority of the complaints centered around general maintenance and overall appearance of cemeteries. Ms. Tress is working with a Talbot County employee (Hassan Wilson) who is attempting to get volunteers to clean up an abandoned cemetery. The cemetery was once owned by an Eastern Shore AME church, but is now owned by a group of Trustees. The majority of the trustees have passed away and no one is maintaining the cemetery. Mr. Wilson has been able to get an article in the Daily Record (a copy of which was given to each Board member). Fox Five News in Washington, D.C. did a small segment on the property. The segment was aired on Monday, May 22, 2006. Mr. Wilson will send copies of the meetings minutes to Ms. Tress and will also send a copy of the Fox news segment to her if it becomes available. Ms. Tress has agreed to meet with Mr. Wilson within the next few weeks.

DIRECTOR’S REPORT:

The Office of Cemetery Oversight has begun the process of systematically identifying monument dealers doing business in the state who may not be licensed, but should be. Paulette Wirsching has done internet searches and the Office will compare her findings to our list of licensed monument dealers. The process will be slow and tedious since morticians who sell burial goods do not need to be separately licensed by OCO. Every member of the OCO staff will assist in the project. We continue to get additional phone calls regarding internet sales of monuments. We will license those dealers as well.

The Office has changed and improved the format on our electronic data base. The Office will now be able to determine more easily how many non-profit cemeteries are licensed through DLLR.

ADJOURNMENT

On motion of Frank Porter and seconded by Jack Tyrie, the Council voted unanimously to adjourn at 1:10 p.m.

Approved:

___ With corrections

___ Without corrections

_____________________________________ _______________________

(Signature of Chairman) (Date)

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