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*NEW JERSEY CEMETERY BOARD* DECEMBER 9, 2004 A regular meeting of the New Jersey Cemetery Board was held at 124 Halsey Street, Newark, N.J., on the sixth floor, on Thursday, December 9, 2004. The meeting was convened in accordance with the schedule filed with the Secretary of State and was conducted in accordance with the provisions of the Open Public Meeting Act, Chapter 321, P.L.. Notice of the meeting was prepared in the office of the Board and mailed out to the Secretary of State, the Attorney General, the Star Ledger, the Record, the Press of Atlantic City, the Asbury Park Press and the Trenton Times. Board Chairman Frank J. DeGeeter, Jr. called the meeting to order at 9:30 A.M. A roll call was taken and the following attendance of Board members was recorded for these minutes:
Marion Brozowski Present Also in attendance were: Dianne L Tamaroglio, Executive Director for the New Jersey Cemetery Board; Deputy Attorney General John Hugelmeyer; Lola Lesslie and George Booktor, Cemetery Board office staff members; and Jonathan Eisenmenger, Assistant to William Mandeville, Managing Executive Director, Division of Consumer Affairs. II. APPROVAL OF PUBLIC SESSION MEETING MINUTES OF OCTOBER 14, 2004 A motion was made by June Nikola and seconded by William Nichols to approve the Public Session Minutes of October 14, 2004 as amended. A vote was taken and the motion was passed by a unanimous vote. III. APPROVAL OF PUBLIC SESSION MEETING MINUTES OF NOVEMBER 4, 2004 A motion was made by Marion Brozowski and seconded by June Nikola to approve the Public Session Meeting Minutes of November 4, 2004 as corrected. A vote was taken and the motion was passed by a unanimous vote. IV. OLD BUSINESS
A. Advisement that the County of Ocean is taking a portion of cemetery property The Board has received correspondence from Richard A. Beran, attorney representing Greenwood Cemetery. Mr. Beran has provided the Board with cost estimates of various improvements that the cemetery would like to have done using some of the funds from the proceeds of the condemnation of a portion of the cemetery property by the County of Ocean. The estimates given by Mr. Beran were for new fencing and gates around the property and landscaping. The cemetery would also like to either refurbish its existing office which is in need of repair or replace it with a new office on the property. The Board has yet to determine the amount that should go into the cemetery’s M&P Trust Fund from the sale of the property as the cemetery may be receiving more than the initial payment of $37,300.00 from the County. The Board members questioned the need for new fencing as we were under the impression that the County had provided same when it completed its road widening project. Bernard Stoecklein, President, Friends of Rural Cemeteries who has been acting on behalf of the cemetery will speak with Mr. Beran regarding the fencing and the landscaping. This matter will be carried over.
B. Request for approval of amended easement agreement This matter will be carried over pending receipt of a response from C.J. Moore Craig, attorney for Hillside Cemetery regarding the status of the matter.
C. Application for a Certificate of Authority The Board has received confirmation of the establishment of Zion Cemetery’s Maintenance & Preservation Trust Fund with Merrill Lynch. With all of the requirements having been met, Certificate of Authority No. 405 will be issued for Zion Cemetery at the January 13, 2004 Board meeting.
D. Surrender of Certificate of Authority and dissolution of cemetery June Nikola was recused from this matter and moved away from the table. This matter is pending and will be held over.
E. Titusville Methodist Church Cemetery (CA #259) A Settlement Letter was issued to Titusville Methodist Church Cemetery on November 10, 2004 for violation of N.J.S.A. 45:27-15 for failing to file its Annual Reports with the Board office with a Civil Penalty in the amount of $500.00. The Board has received correspondence from Jerome M. Katz, attorney representing the cemetery providing an explanation as to why the registration of the cemetery as a "cemetery company" should be rescinded and why the Board should recognize the cemetery as a Title 16 cemetery. Mr. Katz has also requested that the Board rescind the notice of violation and the imposition of a penalty. An application for the cemetery’s dissolution will be forwarded to Mr. Katz. Upon receipt of and review of the required documentation the Board will discuss rescinding of the Settlement letter and the Civil Penalty.
F. Correspondence from Rev. June D. Sievers DAG John Hugelmeyer has advised the Board that an Investigator from the Enforcement Bureau of the Division of Consumer Affairs went to the home of Mrs. Sliker with a subpoena for Pleasant Grove Cemetery’s records. As Mrs. Sliker’s name was not on the subpoena, she did not turn over the records. The Investigator will be going out again with another subpoena with Mrs. Sliker’s name on it. This matter will be carried over.
G. Non-approval of Annual Reports Peter Platten, attorney representing the above named cemeteries advises that this matter is still with the courts. The matter will be held over. H. Evergreen Cemetery (CA #72) DAG John Hugelmeyer has advised the Board that on November 19, 2004, Louis Cicalese was appointed by the Superior Court of New Jersey as the Receiver for Evergreen Cemetery. The Court also approved the payment of Receiver fees to the estate of Richard L. Berry for Mr. Berry’s work as the former receiver. Mr. Cicalese will now take over the management and operations of the cemetery. This matter is now closed and removed from future Board meeting agendas.
I. Cemetery and assets absorbed by new entity This matter will be held over pending a response from George Schutzbank as to the status of the matter.
L. Correspondence from Thomas E. Stover, Esquire DAG John Hugelmeyer has spoken with Thomas E. Stover regarding this matter. DAG Hugelmeyer will continue to monitor the matter with Mr. Stover and report back to the Board. This matter will be carried over.
M. Condemnation of cemetery property without Board approval A letter was previously forwarded to William C. Vaughn, Secretary/Treasurer of Malaga Cemetery Association advising that the cemetery must deposit into it’s Trust Fund $690.00 which represents 15% of the proceeds from the condemnation of a portion of cemetery property by the New Jersey State Department of Transportation in 2003 and to provide the Board with proof of such deposit. The cemetery did not come to the Board for approval at the time. We will check with Lola Lesslie to see if she has received the requested documentation. This matter will be carried over. N. Applications for Certificate of Authority
1. Alpine Cemetery Services, Inc. Greenwood Cemetery Services, Inc. Hollywood Memorial Park, Inc. Laurel Grove Cemetery Services, Inc. Restland Cemetery Services, Inc. Paul M. Desbiens was recused from this matter and left the room. Stephen F. Hehl was recused from discussion regarding Hollywood Memorial Park, Inc. and left the room. Todd M. Poland, attorney representing the above mentioned applicants for Certificates of Authority has provided the Board with Certificates of Incorporation, By-Laws and the $500.00 application fee for each of the applicants. Mr. Poland was advised that the Board was waiting for the Attorney General’s opinion regarding Management Companies being non-profit and possessing a Certificate of Authority. Mr. Poland advised that whatever the opinion, CMS Mid-Atlantic, Inc. wanted to go forward with the applications. Upon the conclusion of a discussion on the applications a motion was made by Marion Brozowski and seconded by William Nichols to approve the issuance of Certificates of Authority to Alpine Cemetery Services, Inc.; Greenwood Cemetery Services, Inc.; Hollywood Memorial Park, Inc.; Laurel Grove Cemetery Services, Inc.; and Restland Cemetery Services, Inc.. Upon a call for a vote, June Nikola abstained; Stephen F. Hehl recused himself from the Hollywood vote; the motion passed by a unanimous vote. The Certificates of Authority will be issued at the January 13, 2004 Board meeting. 2. Stafford Township Historical Society, Inc., Stafford Township Historic Cemeteries Timothy G. Hart, attorney for the Stafford Township Historical Society, Inc. and Dick Neal from the Society appeared before the Board to answer any concerns or questions the Board has regarding the Society’s application for a Certificate of Authority for three historic cemeteries which will be merged together. Mr. Hart also provided the Board with copies of the Society’s rules and regulations and by-laws. Mr. Hart explained that the Society would not be seeking to sell new graves but rather would be maintaining the cemeteries. At the present time, the Society cleans headstones, repairs headstones and maintains the cemeteries in general. Any monies the cemeteries have would be transferred to the Historical Society and then would only be used to preserve and maintain the cemeteries. The Historical Society would have title over the cemeteries. Mr. Hart & Mr. Neal were advised that a Maintenance & Preservation Trust Fund would have to be established; the Society would have to file Annual Reports; and the Society would have to hold Annual Meetings. Should there be any lot owners in existence, they would have the right to participate in decision making at the meetings. The Society’s rules and regulations would have to be amended to include the aspect of the lot owners meetings. Also, the Stafford Township Historical Society’s Incorporation papers would have to amended to include N.J.S.A. 45:27-8 . This matter will be carried over pending receipt of the Society’s amended Incorporation papers and rules and regulations.
O. Purchase of property adjacent to cemetery without Board approval The Board has not yet received a response from Bayview-New York Bay Cemetery regarding the enlargement of the cemetery without Board approval. DAG John D. Hugelmeyer will send a letter requesting a response by January 6, 2005. This matter will be carried over.
P. Cemetery believes it has an exemption from paying $75.00 Filing Fee for Annual Reports The Board has not yet received a response from Hayes Riverview Cemetery regarding the drastic jump in its Maintenance & Preservation Trust Fund from 2001 to 2002. This matter will be carried over.
Q. Withdrawal of $9,000.00 from M&P Trust Fund The Board has not yet received a response from Marksboro Cemetery Association regarding the removal of $9000.00 from the corpus of its Maintenance & Preservation Trust Fund. A follow up will be made. This matter will be carried over.
R. State Board of Mortuary Science The Board had no comments to the State Board of Mortuary Science’s Proposed Regulations. This matter is closed and removed from future Board meeting agendas.
S. Correspondence from Robert P. Marasco, City Clerk, Newark Sanford B. Epstein, has provided the Board with a copy of his response to Newark City Clerk Robert P. Marasco’s letter to the New Jersey Cemetery Board regarding the conditions of Woodland Cemetery. This matter will be carried over pending a response from Mr. Marasco.
T. Inquiry regarding the cremation of non-Catholics Deacon Russell B. Demkovitz, Director, Office of Cemeteries, Diocese of Metuchen, has written to the Board to ask if a Maintenance & Preservation Trust Fund is necessary for a "crematory only" operation. He asks what if anything is a "crematory only" operation guaranteeing in perpetuity? Mr. Demkovitz will be advised that a Maintenance & Preservation Fund is not required for a "crematory only" operation so long as the cremated human remains are not interred or inurned on the cemetery property. Pursuant to N.J.S.A. 45:27-7(a), a nonprofit corporation must be organized and operated in compliance with Title 15A of the New Jersey Statutes to be eligible to hold a Certificate of Authority for the operation of a cemetery company. For a crematory only operation, the corporation must also have in its charter as one of its purposes the disposition of human remains by operation of a crematory, as set out in N.J.S.A. 45:27-8(a)(2). Mr. Demkovitz will be advised to seek the advise of an attorney regarding the capacity for the Diocese to comply with these requirements. Also, the Board will recommend that a non-sectarian crematory not be operated by the same corporate entity that operates a religious cemetery. This matter is closed and removed from future Board meeting agendas.
V. APPEARANCE OF CHARLES MANNING, REGULATORY ANALYST June Nikola was recused from discussion of N.J.C.A.13:44J-14.3 and moved away from the table. The Board reviewed and discussed with Charles Manning, Regulatory Analyst, Division of Consumer Affairs N.J.A.C. 13:44J-8.4, Temporary storage prior to final entombment within a single cemetery and N.J.C.A. 13:44J-14.3, Pre-construction sales of mausoleum space. Upon discussion, and with some minor changes made, a motion was made by Marion Brozowski and seconded by William Nichols to propose these regulations with the suggested changes and additions. A vote was taken and the motion was approved by a unanimous vote. Mr. Manning will now prepare the prefatory language for publication for comment in a future New Jersey Registrar. N.J.A.C. 13:44J-14.4 Reclamation of bulk sales The Board also reviewed and discussed with Mr. Manning N.J.A.C. 13:44J-14.4, Reclamation of bulk sales. Upon review, the Board made some suggested changes to the regulation. Mr. Manning brought up the fact that as this will be a new application review for the Board, a fee for the review should be put into the Board’s fee schedule and suggested a $75.00 fee. The Board members felt this fee was too low for the amount of time and the manpower that will be used in the review process. Mr. Manning will work on the regulation taking into account the Board’s suggestions and bring it back to the January 13, 2005 Board meeting for further review and discussion. VI. NEW BUSINESS A. Bulk Sale Approval 1. Claremore Club Inc., Beth El Cemetery (CA #13), Westwood, NJ to Congregation Beth Sholem Memorial Association, Teaneck, NJ Executive Director Dianne L. Tamaroglio approved the bulk sale of 108 graves for $21,600.00 ($200.00 per grave). The required amount will be deposited into the Maintenance & Preservation Trust Fund of Beth El Cemetery. 2. Washington Cemetery Management Corporation, (CA #172), Monmouth Junction, NJ to Congregation Emunas Yisroel, Brooklyn, NY Executive Director Dianne L. Tamaroglio approved the bulk sale of 298 graves for $113,240.00 ($380.00 per grave). The required amount will be deposited into the Maintenance & Preservation Trust Fund of Washington Cemetery Management Company. 3. Laurel Grove Cemetery , (CA #30), Totowa, NJ to Hahn-Barck Korean Presbyterian Independent Church, Dumont, NJ Executive Director Dianne L. Tamaroglio approved the bulk sale of 35 graves for $35,875.00 ($1025.00 per grave). The required amount will be deposited into the Maintenance & Preservation Trust Fund of Laurel Grove Cemetery.
B. Correspondence from Emery J. Bittman Emery Bittman has written to the Board advising of the dire financial situation of Cedar Grove Cemetery; there is not enough money being generated from the Trust Fund to keep the cemetery going. Mr. Bittman has been paying for the grass cutting, weeding and trimming out of his own pocket. Mr. Bittman advises that the cemetery has a lot of potential with 3000 urn plots available as well as approximately 1500 full size plots available. He has been paying $24.00 monthly for advertising in the local newspaper and can not really afford to do that. Mr. Bittman is appealing to the Board to allow him to remove some money from the Trust Fund to help him run the cemetery. Bernard Stoecklein, President, Friends of Rural Cemeteries is trying to assist Mr. Bittman. Mr. Stoecklein is trying to get some people from the town to be on Cedar Grove Cemetery’s Board to assist Mr. Bittman and has also put together a plan to raise funds for the cemetery from the community. This matter will be carried over.
C. Correspondence from J. Peter Jost, Esquire J. Peter Jost, Esquire, has written to the Board regarding Mount Salem Cemetery in Mount Salem, NJ which the Township of Alexandria recently acquired title to the property it is on. The Township is also the owner of the adjoining Mount Salem Church. The Church has been restored and maintained by the Alexandria Township Historical Society, under a long term lease with the Township. The Historical Society has also been maintaining the cemetery for some time, under an informal arrangement with the Township. The Township has been endeavoring for some time to obtain clear title to the cemetery so that it could enter into a formal arrangement with the Historical Society for maintenance of the same, as with the adjoining church. In August, 2004, the Township was able to obtain a deed from the chairman and sole surviving trustee of the Mount Salem Cemetery Association, Howard Frace, Jr. Mr. Frace advised that he had a small bank account in the name of the Mount Salem Cemetery Association of approximately $2500.00 which he intended to turn over to the Township or designee, the Historical Society, in consideration of their assumption of responsibility for maintenance of the cemetery. After executing the deed, but before turning over the bank account, Mr. Frace passed away. The attorney for Mr. Frace’s estate advises that the estate is willing to turn over the funds in the Cemetery Association account to either the Township or the Historical Society but wishes to have written authorization from the New Jersey Cemetery Board prior to doing so. This cemetery does not possess a Certificate of Authority issued by the Board and therefore is not under the Board’s jurisdiction. DAG John Hugelmeyer spoke with Mr. Jost obtaining more details regarding the matter and giving him some direction to go in. This matter is closed and removed from future Board meeting agendas.
D. Correspondence from Yolanda Romero Yolanda Romero, Secretary, Mt. Peace Cemetery Association has written to the Board requesting permission to transfer all funds in excess of $100,000.00 from the cemetery’s Maintenance & Preservation Trust Fund to its operating fund when its next two CDs mature in February 2005. Ms. Romero will be advised that the only money that can be withdrawn from the Trust Fund is the income that it generates; money cannot be withdrawn from the principal of the Fund. Ms. Romero will also be advised that if the cemetery needs assistance with its investments, it may want to contact Judy Welshons, New Jersey Cemetery Association for advice. It appears that the cemetery’s Annual Report has not been filled out correctly. For assistance in completing its Annual Report, the cemetery may want to contact the Board office for assistance. This matter will be carried over.
E. Correspondence from Thomas C. Pluciennik, Esquire Thomas C. Pluciennik, Esquire has written to the Board advising that one of his clients who resides on approximately fourteen acres of farmland has asked what procedures have to be taken so he might be buried on his estate premises. Mr. Pluciennik will be advised that his client would have to apply to the New Jersey Cemetery Board for a Certificate of Authority to become a "cemetery company" and he would also need permission from the town for his land to be dedicated as cemetery property. If Mr. Pluciennik’s client chooses to be cremated, his ashes can be placed on his property without becoming a "cemetery company". This matter is now closed and removed from future Board meeting agendas. VII. PUBLIC COMMENT No public comments were made today. VIII. FOR YOUR INFORMATION A. New Jersey State Board of Mortuary Science Open Session Meeting Minutes–June 1, 2004 Open Session Meeting Minutes–August 3, 2004 Open Session Meeting Minutes–September 7, 2004 Open Session Meeting Minutes–September 20, 2004 Open Session Meeting Minutes–October 7, 2003 B. Volunteers Give Facelift to Historic Cemetery C. Notification of complaint filed in Civil Court against Hollywood Memorial Park All of these matters were considered informational for the Board deeming no discussion or decision making. IX. ADJOURNMENT A motion was made by Marion Brozowski and seconded by Marianne Panico to adjourn Public Session at 1:15 PM and move into Executive Session at 2:00 PM. A vote was taken and the motion was passed by a unanimous vote. The Board moved into Executive Session to discuss the following matters involving investigations, violations, and/or the Board’s regulations: 1. Five (5) new matters or complaints filed with the Board which require review and recommendations in regard to investigation and/or actions. 2. Fifteen (15) matters where additional information has been submitted to the Board pending investigations. The substance of these investigations shall remain confidential until disclosure is permitted by law. Board action arising from such discussions will be made public at such time official action is taken on these matters, if permitted by law.
Respectfully Submitted, |
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