OFFICE OF CEMETERY OVERSIGHT
ADVISORY COUNCIL ON CEMETERY OPERATIONS
MINUTES
DATE:
September 20, 2007
TIME:
10:10 a.m. – 1:05 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 Tress
Leila Whitley
Paulette T. Wirsching, Assistant Attorney General
Jay Cherry
Richard Cody
Susan Cohen
William Divelbiss
Erich March
Sarah Rex
Harriet Suskin
Jack Tyrie
David Zinner
GUESTS PRESENT:
Commissioner Stanley J. Botts, Occupational and Professional Licensing
George Beisser, Howard County Cemetery Preservation and Advisory Board
Barbara Seig, Founder, Coalition for the Preservation of Maryland Burial Sites
CALL TO ORDER:
Chair Goodman called the meeting to order at 10:10 a.m.
MINUTES:
After making several changes, by motion made by Jay Cherry and seconded by Harriet
Suskin, the Minutes of the July 26, 2007 meeting were accepted.
ANNOUNCEMENTS:
Chairman Goodman introduced Stanley J. Botts, the recently appointed Commissioner
for Occupational and Professional Licensing. Commissioner Botts thanked the members
of the Advisory Council for their efforts in helping the citizens of Maryland.
Commissioner Botts explained that he was present at the meeting as an observer, but
assured everyone he had an open-door policy and was available should anyone need his
assistance.
Chairman Goodman also introduced the newest member of the Advisory Council, David
Zinner. Mr. Zinner replaces Frank Markowski as the representative for religious, nonprofit cemeteries. Chairman Goodman welcomed Mr. Zinner and stated that all members
of the Council are looking forward to working with Mr. Zinner over the next several
years.
GUEST SPEAKER – GEORGE BEISSER
Chairman Goodman introduced the Guest Speaker, George Beisser of the Howard
County Cemetery and Preservation Board. Mr. Beisser is one of seven members of the
Board which falls under the Howard County Office of Planning and Zoning. The Board
was established after citizens expressed concern over the growing problem of cemeteries
becoming desecrated as a result of development in Howard County. The County
Executive convened a panel to look into the possibility of establishing a cemetery
preservation board and by County Code, the Howard County Cemetery Preservation
Board was established in July, 1993.
The Board, with the assistance of the County Historical Society, compiled an inventory
of cemeteries in Howard County. The Board must convene if a cemetery is found on a
property on which development is planned. The Board will be meeting in November of
2007.
When a plan for a subdivision is submitted to the Howard County Office of Planning and
Zoning, a minimum of 10 individuals reviews the plan. Some of those individuals will
go to the site and inspect the property. If a cemetery is found, it must be placed on the
plans and protected from development. Additionally, access has to be provided to
relatives of the deceased. Developers may disinter the bodies if a relative can be found to
authorize the disinterment. The cost of the disinterment and re-interment is the
responsibility of the developer. The Board encourages preservation over disinterment.
The County Executive recently established a fund to be used by volunteer organizations
(Boys Scouts, cemetery preservation groups, etc.) attempting to clean and preserve
abandoned cemeteries. By Howard County Code, a developer cannot grade or build
within 30 feet of a cemetery or within 10 feet of a grave. It should be noted that Howard
County is currently the only county in the State with a Cemetery Preservation Board.
However, Mr. Zinner advised that he believes there may be an effort to establish similar
boards in Wicomico and Worcester Counties.
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REVIEW OF 2008 MAUSOLEUM DRAFT BILL
Paulette Wirsching, Assistant Attorney General, discussed the few minor changes made
to the proposed pre-construction mausoleum bill to be presented to the General
Asssembly during the 2008 legislative session. Sarah Rex asked Ms. Wirsching why
there were no headings in the proposed bill. Ms. Wirsching explained that headings are
not placed until the bill becomes law. Mr. Zinner also requested several changes which
Ms. Wirsching agreed were necessary. In two places, the word “person” was changed to
“seller.” A copy of the final proposal will be provided to Council members when the
proposal is submitted to the 2008 General Assembly.
REVIEW OF ANNUAL AUDIT REQUIREMENTS:
Richard Cody provided the Advisory Council with a brief history of the perpetual care
trust fund report requirements in the State of Maryland. The Memorial Park Association
proposed the Maryland perpetual care trust fund law. Mr. Cody feels that providing trust
fund reports to the Office of Cemetery Oversight for review is adequate. He believes that
the additional cost of preparing a financial stability report in addition to the submission of
the perpetual care trust fund report is unnecessary and a financial burden to the
cemeterians. Chair Goodman reminded Mr. Cody that this issue was discussed in the
past, and it was agreed that the financial stability report was necessary. Ms. Wirsching
reminded the Council that the law requires a “review” and not an “audit” because an
audit would be more costly. It was decided that the Council will not recommend changes
which would lessen cemetery financial and accounting requirements.
PRIVACY ISSUES – COMMITTEE UPDATE:
Sarah Rex consulted with the legal department of StoneMor Partners, L.P. regarding
privacy issues. Ms. Rex was advised that the Federal “HIPPA” law does not apply to
individuals seeking information about deceased individuals from cemetery employees.
However, the Federal Gram-Leech-Billey Act prohibits the disclosure of non-public
information to any one other than an appointed representative of the deceased.
PRESERVATION OF BURIAL SITES – DEVELOPMENT LOOPHOLES:
Mrs. Barbara Seig, a former member of the Coalition for the Preservation of Maryland
Burial Grounds, discussed the continuing problem of cemeteries being destroyed by
developers. Ms. Seig currently devotes her time and energy to the preservation of the
Whipps Family Cemetery located in Ellicott City. Mrs. Seig explained that years ago,
covenants were attached to land deeds filed with the county zoning office. However, over
time many of these covenants have been lost. If developers purchase the land and the
cemetery is not stated on the deed, many developers will bulldoze the area where the
graves are located. Once the developer owns the land, fences can be installed and
individuals who are interested in preserving the cemetery are denied access. Mrs. Seig is
aware of a parcel of land in Montgomery County which contains a cemetery, but
cemetery preservationists have been locked out of the property.
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DIRECTOR’S REPORT:
George Piendak advised that State auditors are currently inspecting all of DLLR’s
Occupational and Professional Licensing Boards, including the Office of Cemetery
Oversight. The only issue the auditors have questioned the Director about, to this point, is
the overcharging of the fee for filing perpetual care and pre-need sales trust reports. The
cemeteries, for a time, were charged $50.00 per report, but should have only been
charged $25.00. The overcharge was discovered by our staff in May of 2007 (prior to the
audit), and the correct fee has been charged since the discovery. The procedure for
reimbursing those cemeteries overcharged continues to be discussed. All refunds will be
made by January 1, 2008.
The cemetery located on the Eastern Shore (previously discussed at the July 26, 2007
meeting) is still working under a Court Order to continue operating. The responsible
party has experienced tax problems and cannot be licensed with the Office of Cemetery
Oversight until the liability has been lifted, and he has filed an application for a new
permit. The Office continues to closely monitor the situation.
Mr. Piendak attended the most recent State Board of Morticians and Funeral Directors
Meeting. Their Assistant Attorney General advised Mr. Piendak that the Board plans to
resubmit their proposed crematory regulations to AELR. If passed, the Morticians Board
would have jurisdiction over crematories owned by morticians and located in funeral
homes in the State of Maryland.
Mr. Piendak provided Advisory Council members copies of an article regarding the
lawsuit brought by a few members of the death-care industry against the State Board of
Morticians. The State of Maryland is only one of three states that limits the number of
corporate licenses issued to funeral directors and morticians. U.S. District Court Judge
Richard Bennett recently held a hearing in the case and should be handing down his
decision by the end of September.
Next week, Mr. Piendak and the Investigator for the Office of Cemetery Oversight will
attend a meeting at a cemetery in Washington County regarding a complaint filed with
OCO. The consumer claims the cemetery permanently damaged his father’s vault when
digging the grave for his brother. Tom Claxton, an employee of Montgomery Vault and
a long-standing officer of the Maryland Freestate Cemetery and Cremation Association,
has agreed to provide his expert opinion as to whether the vault must be replaced or if it
can be repaired.
Also next week, Mr. Piendak and Ms. Tress will attend a meeting at a Baltimore area
cemetery to discuss options for a consumer who was assured mausoleum construction
would be finished in August of 2006. The consumer’s mother was buried in what was to
be a temporary crypt, but as of the date of this meeting, the construction had not yet
begun on the soon-to-be built mausoleum. The Office is hopeful that a negotiated
solution can be implemented.
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INVESTIGATOR’S REPORT:
Patricia Fagan Tress advised the Council she has provided copies of the thank you letter
sent to Frank Markowski, the former representative of religious, non-profit cemeteries,
for his years of dedicated service and valuable experience that he shared with the
Advisory Council.
Ms. Tress provided the Council members with an article found in Maryland Magazine by
Paulette Wirsching. The article accurately describes the abandoned cemetery that Ms.
Tress visited in January. The cemetery, Anchor of Hope, is located on the Eastern Shore
and is being washed away by the Chesapeake Bay. Donald Willey, a local realtor, is
attempting to preserve the cemetery before more graves are washed into the Bay. He
continues to struggle with his endeavor, and according to the article, graves continue to
be lost into the Chesapeake.
Since the July 26, 2007 meeting, Ms. Tress has obtained cemetery inventories for
Howard County, Montgomery County, Worcester County, and Wicomico County. Per
Mr. Goodman’s suggestion, Ms. Tress will provide Council members with a list of those
counties for which an inventory has not been obtained. Any Council member with
contacts in those counties is asked to share that information with Ms. Tress so that
continued progress can be made.
NEW BUSINESS:
Chair Goodman reminded the council members that Bill Divelbiss is scheduled to attend
next month’s State Board of Morticians and Funeral Directors meeting to be held on
October 10, 2007. Volunteers are still needed for the November 18, 2007 and December
13, 2007 meeting.
The next meeting for the Advisory Council will be held on Thursday, October 25, 2007
on the second floor conference room at 500 North Calvert Street, Baltimore, Maryland
21202.
ADJOURNMENT:
On motion of David Zinner 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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