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OFFICE OF CEMETERY OVERSIGHT

ADVISORY COUNCIL ON CEMETERY OPERATIONS

MINUTES

DATE: April 22, 2010

TIME: 10:00 a.m. – 1:00 p.m.

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

CALL TO ORDER

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

MEMBERS PRESENT

David Goodman, Chair

Jay Cherry

F. Thomas Claxton

Richard Cody

Susan Cohen

Erich March

Frank Porter

Sarah Rex

Harriet Suskin

David Zinner

MEMBERS ABSENT

Walter Tegeler

STAFF PRESENT

Harry Loleas, Deputy Commissioner-Labor, Licensing and Regulation

Benjamin Foster, Director

Patricia Tress, Investigator

Leila Whitley, Administrative Aide

Paulette Wirsching, Assistant Attorney General

Shannon Davis, Outreach Coordinator

GUEST SPEAKERS

Ron Wade, Director-Maryland State Anatomy Board

GUESTS

Jesse B. Harris, Vice President-Jewish Cemetery Assoc. of Greater Baltimore

David Mason, Mason Government Relations Service

Tammi J. Prysiazny, Green Mount Cemetery

MINUTES

The February 25, 2010 minutes were accepted with corrections.

The March 25, 2010 minutes were deferred until the May meeting.

ANNOUNCEMENTS

Chair Goodman thanked Ms. Cohen for supplying the refreshments.

Chair Goodman reminded the Advisory Council members that the deadline for submitting the Maryland Ethics Commission Financial Disclosure form is April 30, 2010.

Chair Goodman introduced the newest Council member, Mr. F. Thomas Claxton who will be filling William Divelbiss’s seat representing a Non Profit Cemetery through his association as a Board Member of the Rockville Cemetery located in Montgomery County Maryland.

Mr. Claxton stated that it was an honor to be a part of the Advisory Council. He briefly discussed his background. He has been in the death care industry all of his working life.

Legislative Update / Cremation Bill-GUEST SPEAKER, HARRY LOLEAS

Deputy Commissioner Loleas reviewed highlights of the recently passed HB 995 entitled “Regulation of Crematories” and which is now awaiting the Governor’s signature on either May 4, 2010 or May 20, 2010, the two remaining bill signing sessions. The legislation provides a framework and basis for regulating Crematories in the state of Maryland. Once the bill is signed by the Governor, the nuts & bolts work will begin with the OCO and the Board of Morticians sitting down together to develop and craft regulations which will address areas such as fees, operational regulations and license process to name just a few. The bill enumerates specific subject matters and it will be the job of each office to develop the specific regulations and details which will be reviewed and approved by the AELR Committee. The time frame for completion of this process runs from October 1, 2010 through October 1, 2011.

Deputy Commissioner Loleas then reviewed HB 403, entitled “Office of Cemetery Oversight – Preneed Trust Account – Underfunding” which passed the General Assembly and was signed by the Governor on April 13, 2010. He summarized this bill by saying it gives the office the same authority as it has with Perpetual Care. It allows the office to accomplish increased compliance when a determination is made that a deficiency exists. The office can require that the deficiency be corrected.

The next bill(s) reviewed were HB 1174 & SB99, entitled “Junk Dealers & Scrap Metal Processors – Required Records”. These bills passed and are awaiting the Governors signature. The bill(s) will increase law enforcements ability to deal more effectively with stolen property and is directly related to the problem of marker theft at cemeteries.

HB 459 & SB 454, entitled “State Licensing Agencies – Justification Statements Required for Fee Increases Proposed by Regulations” were the last bills to be reviewed. Deputy Commissioner Loleas advised that this legislation will directly affect the way in which fees are adjusted by the OCO. The AELR Committee will require information that justifies any request for a fee increase.

GUEST SPEAKER-RON WADE-MARYLAND STATE ANATOMY BOARD

Chair Goodman introduced Ron Wade, the Director of the Maryland State Anatomy Board.

Mr. Wade proceeded to give an overview of the Board of Anatomy which was established by law in 1949. He described the Anatomy Board as the last resort for unclaimed human remains and shared that to date over 70,000 people have committed their bodies to the Anatomy Board. He described an extensive network of programs that the Board is engaged with including multiple tissue banks, training labs, and medical schools to name just a few. The Board has become an invaluable resource for anyone who needs hands on skill training including paramedics and nurses. Safety is emphasized and all bodies are tested for diseases including HIV and Hepatitis C. The Board utilizes two crematories under contract. The Board maintains legal control over the donated bodies and cremation is often the final disposition. The Board is sensitive to family needs and makes every effort to return cremains to the family and uses a dedicated grave site when the family is not available.

Mr. Wade spoke about how non transplant tissue banks are in competition with medical institutions and that there is no regulatory authority over entities involving the distribution of body parts. Mr. March questioned how black market activity is prevented in this area. Mr. Wade spoke to the need for standards, rules and regulations. He referred to the Uniform Donor Act which was established in Maryland two years ago.

Chair Goodman thanked Mr. Wade for attending the Advisory Council meeting and explaining what the Maryland State Anatomy Board does.

BUDGET & FINANCE UPDATE-HARRY LOLEAS, GUEST SPEAKER

Deputy Commissioner Loleas stated all but one cemetery had a decline in ‘per contract fees’ from the prior renewal. FY10 is the higher end of the revenue reporting cycle. FY11 is the lower end of the cycle. The Director may need to increase the licensing fees. In the document asking for fee increases, the reasons must be specific. Mr. Loleas recommends the Office of Cemetery Oversight (OCO) look at a fee increase. OCO cannot end a fiscal year in a deficit. Mr. Loleas stated the online licensing process is done within forty-eight hours. Mr. Claxton asked why is the same process still being talked about since the beginning of the Advisory Council. Mr. Zinner asked is it possible for the Advisory Council members to see the financials before the next Advisory Council meeting.

Mr. March stated it had been predicted the ‘baby boomers’ wouldn’t be around by this time. But the ‘baby boomers’ are living longer. The surge will probably not take place for another ten years.

Chair Goodman thanked Mr. Loleas for coming and for reviewing the budget with the Advisory Council.

DIRECTOR’S REPORT

Director Foster would like Advisory Council members to give him articles for the newsletter. The next newsletter should be coming out in late spring or early summer.

The applications/forms still need to be revamped before the next ADHOC meeting.

Ms. Suskin suggested that consumers need information and that the newsletter should be targeted to a consumer audience. Mr. Zinner offered to contribute an article to the newsletter.

INVESTIGATOR’S REPORT

Ms. Tress stated recently a cease and desist order was issued on a burial goods business. The denial of the license can go public after a hearing with the Office of Administrative Hearings.

Ms. Tress will be visiting every licensed cemetery within the course of three hundred sixty-five (365) days. She plans to do Garrett and Allegheny counties on the same trip.

NON PROFIT CEMETERY REGISTRATION/ACTION PLAN

Chair Goodman and Mr. Zinner will try to work on filling the gaps in the Inventory between now and the July Advisory Council meeting. Religious cemeteries should have at least an identification card filed with the Office of Cemetery Oversight that provides contact information for the responsible party of the cemetery. OCO should tap into every business that should be funding this Office. Rockville Cemetery was proactive. They found out they had to be registered and they did so. Mr. March stated there are some slave cemeteries in Maryland that might be of some significance. He can try to find out about those.

NEW BUSINESS

Chair Goodman deferred the Perpetual Care Trust Account discussion until the next meeting.

Chair Goodman has invited the Head of Maryland Archives to the May meeting.

The next meeting will be May 27, 2010.

ADJOURNMENT

A motion to adjourn the meeting made by Mr. Porter and seconded by Mr. Cody. The meeting adjourned at 1:05 p.m.

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