IN THIS ISSUE 3 from Our President

OC A JO U R N A L DECEMBER 2012 • VOLUME 2 • ISSUE 3

IN THIS ISSUE 3 From our President

6 Rest in place the new R.I.P.

10 People on the move

11 Mt. Moriah–Our feature cemetery

18 OCA Winter Conference

19 2012 OCA law book on sale

20 Oversight or overkill?

Resurrection Cemetery Lewis Center, Ohio

OC A JO U R N A L DECEMBER 2012 • VOLUME 2 • ISSUE 3

FROM OUR PRESIDENT By Jack Lee–Harris, President, Ohio Cemetery Association

“This was a great Annual Con- Safari Golf Club, near the Co- ference.” That is the comments lumbus Zoo. that I had members telling me On Tuesday we started full throughout the conference. I force with the presentations, would have to agree. We had a Grave Expectations: Trends in great subcommittee that put a the Cemetery Trade, with Gail good many hours in the plan- Rubin, The Doyenne of Death. ning and preparations for the Her knowledge of the business conference. The members of the was very eye opening and en- joyable to hear. She had various subcommittee were, Chair, Bob slides and movies which made Moses, Crown Hill Burial Park, the information very interesting. Dan Applegate, Arlington Me- She left information about her morial Gardens, John Ohnstad, book and website. Matthews International, Jan Then we went into a panel dis- Burrowes, OCA Secretary/ cussion moderated by Bob Mo- Treasurer, Mark Funke, Spring ses. The panel included; Ohio Grove Cemetery & Arboretum, Senator, Richard H. Finan, Ted Hornyak, outgoing person with Rufus Slade, The OCA Journal is a publication of the Ohio Dispute Resolution Woodland Ceme- Commission, Dave Shanteau, tery & Arbore- from the Ohio Cemetery Foun- The Ohio Cemetery tum, Greg Vill- dation, and Heidi Fought, Direc- Association wock, Forest tor Governmental Affairs/Ohio Jack Lee–Harris, Lawn Cemetery, Township Association. Their President and myself, discussion was very insightful. Green Lawn Jan Burrowes, Some of the discussion was on Cemetery & Ar- Secretary/Treasurer Continuing Education legisla- Wes & Elaine Russell, Co–Editors boretum. tion proposal for Township This year, we Trustee’s, who lead the ceme- Please direct comments, article held the second tery duties for a township, the submissions, ad inquiries, etc. to: golf outing at continuing growth in cremations [email protected] Please see FROM OUR PRESIDENT on page 2 PAGE 4 OC A JO U R N A L DECEMBER 2012

FROM OUR PRESIDENT continued from page 1

in the cemetery industry and how it af- rect burial spaces, prior to an interment. fects cemeteries. There were comments Then he cut the group loose to visit our being discussed about how a township suppliers and an actual hands on backhoe follows the rules in the Ohio Revised operation. There were a few brave souls Code, to properly assist residents in a who jumped on the backhoe to dig out township, as well as protecting the town- shrubs. ship in operations of a cemetery. Various Tuesday evening was our past Presi- cemeteries laws and individual cemetery dents’ buffet dinner. We had 19 past rules and regulation will rule on how presidents’ who were acknowledged. vaults and or cremation allowances are This was an interesting group of individ- determined, not necessarily the Ohio Re- uals to go around and talk with after our vised Code. Many rules and regulation meal. It is truly amazing, the knowledge determine how many cremation burials that was sitting in the room on that night. can occur on the number of lots. This is Great Group. not outlined in the Ohio Revised Code as well. After talking with the past presidents’, Let the Games Begin, “The Thrill of Vic- At the end of this panel, we were intro- tory”, began. We had various games duced to the new contacts with the State around the Embassy Suites. It was a great of Ohio Department of Commerce. This time to play and talk with all of our col- is the department who oversees the Ohio leagues. Revise Code sections for cemeteries. The new contacts are Anne Petit, Superinten- The next morning began with a Supplier dent, and Laura Monick, Staff Attorney. Meeting. Then we rolled into “Trees & Anne’s phone number is 614-466-3411, Shrubs for Your Cemetery”, presented by and Laura’s is 614-466-5384. Miles T. Penn, from Lexington Ceme- tery, Ky. He had great comments on the To conclude, the Panel discussion was correct trees to use and why with various very informative, unfortunately, time ex- pictures from his cemetery. It was very pired for this session. We hope to contin- helpful to actually see the tree in the set- ue the Panel format going into the future. ting to visualize how correct that tree was After the Panel, the conference moved to located. Field Day at Forest Lawn Memorial Park Midmorning we moved our focus to a on the Eastside of Columbus. Greg Vill- second Panel discussion with Dan Apple- wock, led us by introducing us to the sup- gate, Arlington Memorial Park, as media- pliers who were in attendance with tor. The rest of the panel was Gail Rubin, booths and demos. Then he led the group The Doyenne of Death, Dave Dahl, through a backhoe demonstration on how Milne Mausoleum, Tim Long, OCA At- his cemetery reviews and determines cor- torney, and Josh Slocum, Executive Di- DECEMBER 2012 OC A JO U R N A L PAGE 5

rector, Funeral Consumers Alliance. Carr, Benefits Management, OCA The panel discussion again was very Workers Comp. programs, and myself. alert to the group, very informative, We reviewed the direction of the Asso- great conversation. Topics discussed ciation’s board, an upcoming survey were on consumers, cremations, and being completed by the board and the different forms of final disposition, OCA Member, Bill Evens, Apex Pay- different culture final disposition, Aus- roll. The survey will be an online sur- tralia, Europe, Canada, and the USA. vey to give us better direction as how The next presentation was by Josh Slo- to best serve our membership, what cum. He spoke about consumer issues, types of knowledge, events, network- which our association in the business, ing, etc. We will then share the survey fear, at times. But everyone must ac- to members once completed. Our time frame is to have the results for our board meeting in December 2012, to move forward. We had Tim review various legislation and bills that are working their way thru the process. Bob Carr shared what is going on at the State level of workers comp, so that membership can have a handle on future costs and savings. We discussed that Tim, Bob and myself are going to schedule a meeting with the new director at workers comp. to discuss the Sale Person rates, that were enacted four or five years ago. At the time, the rate was a burden of costs to many of our membership. Overall, as I stated in the beginning, this was a great conference. Please, the next time you speak with one of our association suppliers, thank them for assisting us with the Annual Confer- ence each year. Without their support, we might not be able to hold the conference each year. Thanks to our mem- cept that we all play nice to reach all bership as well. Without membership, parties goals of memorialization for a we do not exist. We are here to share family member, neighbor, veteran, etc. our knowledge and expertise, The last event of the conference was to move the business of cem- held by Tim Long, OCA Attorney, Bob eteries forward. PAGE 6 OC A JO U R N A L DECEMBER 2012

REST IN PLACE THE NEW IN R.I.P. By Jacob Kanclerz, The Columbus DISPATCH

For the do-it-yourself crowd, add in the U.S. was $6,560 in 2009, funerals to the list. according to the most recent num- bers available from the National A small but growing number of Funeral Directors Association. people across the country are for- Surveys aren’t conducted every going funeral homes and are car- year because the prices don’t fluc- ing for their deceased relatives on tuate much. their own. Advocates say it can be therapeutic and provide better That’s up from $6,195 in 2006 closure for families. and $5,180 in 2000. The funeral- home industry brought in $12.6 It also costs considerably less billion in 2010, according to the than traditional funeral arrange- Census ments. Bureau. A growing number of Home funeral tips people are forgoing “Clearly it’s cheaper, Funeral Plan ahead. Contact the city health de- thousands of dollars cheap- costs funeral homes and partment’s office of vital statistics to find er,” said Ann Harr of Cir- vary opting for do-it- out the information needed to process cleville, who runs the non- widely yourself home funer- the death certificate, which is the official profit Pickaway Home Fu- based on als for their dearly de- register of death, and the burial-transit neral Services to help fami- permit, which allows transfer of the body the ser- lies plan home funerals parted relatives in your own vehicle. vices free. Home funerals, as desired, but usually start with a The cause of death must be verified by a they are often called, are minimum fee that averages licensed physician, coroner or other funeral services planned by $1,817, which covers overhead health-care professional. Contact law the family of the deceased, costs for the funeral home. If bur- enforcement for specific regulations for often taking place at home ial is chosen, families must factor verifying the death at home. or another place of the in the costs charged by cemeter- family’s choosing. The body should be prepared within a ies, including for opening and closing a grave, a vault for the few hours of death. Buy or build your While finances aren’t usu- casket and the burial plot itself, own casket, or use a cloth shroud to ally the reason for home wrap the body if burial is planned. said Alice Faryna, president of the funerals, advocates Funeral Consumers Alliance of acknowledge it’s becoming Ohio law requires cremations to be done Central Ohio. no sooner than 24 hours after death. If a factor, considering the you plan cremation, it’s recommended to rising cost of funerals. Take out the cost of the funerAl contact the crematory in advance to let it home services, casket and The average cost of tradi- know you will transport the body there. cemetery plot, and a funeral tional funeral arrangements can cost very little. Source: Dispatch research DECEMBER 2012 OC A JO U R N A L PAGE 7

The absolute cheapest way to do it money,” she said of her grandmoth-

would be to bury someone on family er Annabelle White, who passed property (in locations where that’s away in January at the age of allowed), which could cost only the 93.Mayhall and her family planned death certificate, $25 in Ohio, and the funeral. White’s body was cre- the burial-transit permit, $3, Harr mated in California, where she had said. A burial-transit permit allows died , and the remains were flown to transportation of the body by the Baton Rouge. Mayhall designed and family’s own vehicle and a death conducted a short ceremony at her certificate is the official record of family’s cemetery plot. Psalm 23 the death.Another inexpensive op- was read and the song In the Garden tion is cremation, provided by a fu- was played — as requested by neral home, estimated to be around White. About 10 people attended. $500, said Char Barrett, president of Mayhall said the ceremony was fit- the National Home Funeral Alliance ting for White, and less of a head- and founder of A Sacred Moment, a ache.“The cost comparison was funeral home in Washington state huge, and there was less red tape that consults with families on home and logistics,” she said, adding her funerals. mother’s and grandfather’s funerals were planned by a commercial fu- The fact that some of this is news to neral director. Only a handful of most people doesn’t surprise Harr. funeral homes across the country Most people don’t know they can specifically advertise providing take care of their own dead or how home funeral to do it, she said. services, said Barrett, includ- The absolute cheapest way to do it Harr is one of the few home-funeral ing her own. would be to bury someone on family educators of her kind in Ohio. She Otherwise, peo- said she became interested in home property (in locations where that’s ple have to in- funerals five years ago when her allowed), which could cost only the quire about car- father-in-law died. She described death certificate, $25 in Ohio, and ing for their de- him as a simple man, yet his funeral ceased on their the burial–transit permit, $3, cost $10,000. own. “The absurdity of it is as if it had to A Sacred Moment-assisted home happen,” she said. “It didn’t.”Robin funeral will cost a family between Mayhall of Baton Rouge, La., had a $1,600 and $3,400. However, Bar- similar situation with her grand- rett will teach families who want to mother.“She was always vocal about conduct the process on their own, not spending money. She was al- which can significantly cut the cost. ways telling us to be careful with

Please see REST IN PLACE on page 8 PAGE 8 OC A JO U R N A L DECEMBER 2012

REST IN PLACE continued from page 7

Barrett said funeral homes have man Funeral Services, on Refugee been reluctant to provide home fu- Road in Columbus. neral help, but some in the industry say they’re Home funeral advocates say the The boomer generation...went willing to work with trend is growing, albeit slowly. for natural childbirth, we families who are in- Since Barrett started A Sacred Mo- wrote our own wedding vows, clined to handle their ment in 2007, the number of home and now we want to create own arrangements. funerals she has helped with has grown from half a dozen a year to a our funeral rituals. “If a family wants to dozen a year. honor their member in their own “The boomer generation is the in- home, funeral di- formation generation,” said Lisa rectors are sup- Carlson, executive director of the portive of that,” Funeral Ethics Organization, who said Jessica has written about death-care laws in Koth, spokes- the U.S. since 1987. “We went for woman for the natural childbirth, we wrote our own National Funeral wedding vows, and now we want to Directors Asso- create our funeral rituals.” ciation. She said But the overall number of home most funeral funerals is thought to be small. One directors will of the only possible ways to track agree to use home funerals is to check who filed home-built cas- the death documents — the family kets, for exam- of the deceased or the funeral-home ple. company, Harr said. “It may be ser- According to the Ohio Department vices we don’t of Health, five disposition reports care for, but have been filed by someone other we’re here to than a funeral director so far this serve the fami- year, out of 62,367 dispositions filed ly,” said Richard as of Wednesday. Dispositions are Caliman, funeral records detailing the method of buri- director at Cali- al, either traditional or cremation. In DECEMBER 2012 OC A JO U R N A L PAGE 9

2011, the number of dispositions not etery through the state’s division of filed by a funeral director was 13, out -estate and professional licensing, said of 111,575 total dispositions. Jennifer Baugess, compliance coordina- tor with the state board of embalmers. Harr said families wishing to handle funeral arrangements themselves Other cost-cutting tips include building should begin planning well in advance, your own casket from wood or card- considering that most people don’t board — Harr has some spares in her know the laws regulating care for the home — or using a shroud dead. Embalming, for example, isn’t to cover the body instead. Columbus city code prohibits required by the state, and bodies can be Typical caskets, bought preserved for a time with air condition- through a funeral home or the burial of a person in the ing or dry ice. online from retailers such city, except for on land zoned as Costco, can range in as a cemetery. Families can Burials don’t necessarily have to be in price from about $2,000 to register their private property cemeteries, either. State laws don’t lay $10,000, Faryna said. out specific guidelines for burial loca- as a cemetery through the tion or depth, Carlson said. For Harr, though, home state’s division of real-estate funerals offer grieving and professional licensing. In her most-recent book, Final Rights: families something more Reclaiming the American Way of than extra money left over. Death, published in 2011, Carlson wrote that it’s unlikely local zoning or “As soon as death occurs, we want to public-health ordinances regulate home hand it off,” she said. “(A home funer- burial in most states, but she encour- al’s) therapeutic value will ages families to double-check. let you accept that death has occurred.” Columbus city code prohibits the burial of a person in the city, except for on land zoned as a cemetery. Families can Reprinted with permission register their private property as a cem- of the Columbus Dispatch

AL CAPONE 1899–1947 Famous gravesites and epitaphs Burial site: Plot 48, Mt. Olivet Cemetery, Chicago (1947–1952) Epitaph: Qui Riposa (Here rests) Disinterred and reburied 1952 in Mt. Carmel Cemetery, Chicago Epitaph: “My Jesus Mercy” Source: www.trivia-library.com PAGE 10 OC A JO U R N A L DECEMBER 2012

PEOPLE ON THE MOVE

Green Lawn Cemetery A note from Deb Bell & Arboretum, Cold Spring Memorial Group Columbus I’d like to announce an exciting expan- Linda Burkey retired at the beginning sion at Cold Spring Memorial Group. of August 2012. Jack Lee-Harris We have consolidated the products and moved from Kingwood Memorial Park services we provide within one cohe- to become the General Manager at sive construction service program, and Green Lawn. restructured our geographical sales ter- ritories. With these changes, I am pleased to introduce the new sales representative for the state of Ohio, Mike Kingwood Memorial Park, Neu. Mike has been with Cold Spring Lewis Center Granite for over 25 years and is looking Julie Black has been promoted to Ad- forward to sharing ministrator, and John DeLong has be- his knowledge and come Superintendent. experience with the PEOPLE ON THE MOVE lets members of the you know about employees Ohio Cemetery As- of our member cemeteries Spring Grove Cemetery, sociation. Cincinnati who have changed position In October 2012 Gerry Wantz will I am excited to within our industry. If you, move from Lake View Cemetery in begin my adventure or if you know of anyone, Cleveland to become the Vice President in a new territory; who has or will be making a although it is diffi- of Operations at Spring Grove Ceme- move, please contact cult saying goodbye tery. The current person in that position, [email protected] Tom Smith, will be retiring at the end to all my Ohio of December 2012. friends. It has been my pleasure to work with the members of the Ohio Cemetery Association for over 20 years. I know Woodland Cemetery that you will give Mike a warm wel- & Arboretum, come so he’ll understand why Ohio is Dayton such an awesome state—it’s the people! Dave Fitzsimmons retired as President Thank you for everything you have giv- and CEO in June 2012. Sean O’Regan en me over the years. I wish you contin- moved from Mt. Auburn Cemetery, ued success in all your ventures. Boston, Massachusetts, to become the new President and CEO. Deb Bell, Regional Sales Manager

Cold Spring Memorial Group DECEMBER 2012 OC A JO U R N A L PAGE 11

MT. MORIAH IS CROWN JEWEL

Mt. Moriah Cemetery is a hidden treas- ments that are a link between the past ure of history and beauty, often referred and present. to as the “Crown Jewel” of Union Township, Ohio. The cemetery is cur- Mt. Moriah Cemetery is situated on land rently owned and operated by the Union rich in history dating back to the 1800s Township Board of Trustees, Clermont in the village of Withamsville. With- County, Ohio. The original cemetery amsville is located on the southern bor- consisted of fourteen acres, and present- der of Union Township, Ohio. It is on ly includes over fifty acres of rolling the survey made April 8, 1788, for Churchill Jones of Virginia. Jones was a captain who served three years in the American Revolution. This survey was made more than sev- en years before the Indi- ans signed the Treaty of Greeneville, which legal- ly allowed United States citizens into the area. Maurice Witham re- ceived the patent to his land from President Thomas Jefferson on No- vember 28, 1803. Rever- end Witham was a Bap- tist preacher from the Saco Valley of Maine. hills graced with large shade and ever- He left that state in March, 1800, and green trees, sparkling pond, lovely gaze- arrived in the Withamsville area in Oc- bos, chapel, park, and restful meditation tober of that same year. The village was areas. Carefully maintained to ensure the originally called Witham’s Settlement, beauty and serenity for future genera- in honor of the family. Mt. Moriah Cem- tions, the cemetery has stately monu- Please see CROWN JEWEL on page 12 PAGE 12 OC A JO U R N A L DECEMBER 2012

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etery was originally a part of the With- today. Stockton’s grave is the oldest am farm. The Witham family, with the marked grave in the cemetery. exception of Maurice, is buried in Mt. Moriah Cemetery. Originally affiliated To operate and maintain an historic bur- with the Methodist Protestant Church of ial ground in a park-like setting, with a Tobasco (1835), the oldest section of the commitment to preserve and honor the cemetery is located behind a picturesque heritage of past generations, to serve and little white chapel built in 1842. Some respect the needs of the present genera- of the narrow, older, paved roads wind- tion, and to provide a legacy for future ing through Mt. Moriah Cemetery were generations. originally used by horse and wagon, a Mt. Moriah Cemetery staff strives to reminder of days gone by. accomplish this mission year round, and Interred at Mt. Moriah Cemetery are this is what sets the cemetery apart as some prominent pioneers and citizens the “Crown Jewel”. A major success and dating back to the early 1800s. The Hon- goal for Mt. Moriah Cemetery was to be orable Dr. William Doan (1792-1847) awarded accreditation by the APWA was an eminent physician. He was also a (American Public Works Association) Representative and Senator in the Ohio on July 29, 2011. The cemetery is the Legislature, and from 1839-1843, a only township cemetery in North Ameri- member of Congress. Politician Charles ca to achieve this elite status. This chal- Cyrus Kearns (1869-1931) was a Re- lenge could only be accomplished publican and a United States Repre- through the overall commitment of the sentative from the Ohio 6th District personnel to work together as a team. (1915-1931). Dr. Elisha Bennett (1809- Ken Geis, Union Township Administra- 1881) was one of the oldest practitioners tor, states, “We can talk about the ser- of the county. In 1851, he was elected to vice we provide to the folks in our com- be a Representative from Clermont to munity….and we can say we do that the Fiftieth General Assembly of Ohio very well, but unless we have independ- by the Democratic Party. Also interred ent, unbiased assessment of that, to me, at Mt. Moriah Cemetery is Richard it’s really meaningless. The Board of Stockton (1735-1810) who owned some Trustees has continued to make the com- of the land that the cemetery occupies mitment to have that assessment and to DECEMBER 2012 OC A JO U R N A L PAGE 13

have these people from various parts of the meticulous, park–like jewel of a the country come in and benchmark us cemetery that the community has come against the best agencies in the United to appreciate. Each year the budget al- States, and we continually fare very lows for key expenditures. Major struc- well.” Mt. Moriah Cemetery was as- tures are planned and implemented in sessed on fourteen practices including various sections of the cemetery. interment, mapping blocks, lot number- ing, section development and section On the east side of Mt. Moriah Ceme- renovation among others, and was 100% tery a sparkling pond with two fountains compliant on all fourteen practices. Ac- is located. An employee–designed and creditation is a crowning achievement implemented the construction of a spec- for this jewel of a cemetery. tacular waterfall into the pond. The cemetery staff worked diligently together to accomplish this crowning achievement. The hillside was carved away in steps, and tons of rock were cut and fitted ex- actly together. The rocks were chosen carefully for texture and color to form a natural looking water- The staff at Mt. Moriah Cemetery is fall. A small pond at the top of the wa- committed to high standards of mainte- terfall is surrounded by green, leafy nance and planning goals. The five em- ferns. Water cascades from the small ployees, working on a fixed budget set pond over a four–foot drop to an island by the Board of Trustees, are committed to working together as a team to achieve Please see CROWN JEWEL on page 14 PAGE 14 OC A JO U R N A L DECEMBER 2012

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constructed of layers of rock, topped by graceful gazebo. The walkway continues a huge, green Tennessee fieldstone. The around the perimeter of the garden. The island divides the water into two sides Cremation Scattering Garden is en- which eventually flow over a two–foot hanced with beautiful red rose bushes drop to another ledge of layered rock interlaced with green perennials. Over measuring twenty–five feet across. From 850 spring daffodils and tulips are plant- here, the water pours over a one–foot ed throughout the garden. An “Open drop into the pond. Additional rocks are Book” grey granite memorial is etched immersed at the base of the waterfall to at the top “In Loving Memory Of”. Indi- further add to the natural appearance. vidual bronze name bars with birth and Surrounding the waterfall, beautiful death years are placed on the memorial. landscape plantings enhance the overall Family members are invited to scatter splendor of the area. Purple butterfly the cremains themselves, or the ceme- bushes, hostas, ferns, pink and white tery staff will respectfully scatter them. azaleas and ornamental grasses compli- The Mt. Moriah Cemetery Cremation ment the waterfall. This impressive wa- Scattering Garden will be carefully terfall is a magnificent addition to the maintained to ensure the beauty and se- cemetery, and is often used by the com- renity for future generations. This inno- munity as a backdrop for wedding and vative Cremation Scattering Garden is prom photos. another beautiful jewel at Mt. Moriah Cemetery. As with many cemeteries, Mt. Moriah Cemetery faces the challenge to meet Involvement in the community is a par- the needs of the families to bury their amount goal for Mt. Moriah Cemetery. loved ones. The Mt. Moriah Cemetery The cemetery provides a unique and Cremation Scattering Garden was creat- touching ceremony for people to re- ed by the staff to offer families another member and honor their loved ones. The alternative for memorializing cremation. annual “Lantern Lighting Ceremony” The Cremation Scattering Garden is lo- begins with the cemetery staff providing cated on the east side of the cemetery, guests with materials to create their own adjacent to a sparkling pond. The garden lanterns. Plywood platforms, rice paper, can be reached by following a winding, stickers, markers, glue, scissors, crayons stamped concrete walkway through a for the kids, various poems on bright DECEMBER 2012 OC A JO U R N A L PAGE 15

colored construction paper and candles photos, family portraits drawn with are available. Many people bring their crayons, poems, and stickers— own mementos like family pictures, po- regardless of what goes onto the lanterns ems, music sheets and artificial flowers. people make at the annual Mt. Moriah The guests assemble their lanterns under Cemetery Lantern Lighting Ceremony, a large, white tent strung with lights. one element accompanies all of them— The tables are decorated with royal blue love. One touching lantern was created tablecloths, yellow mums and vases of for a husband who spent “Eight months floating candles. While a string trio from in a prison camp—Germany WWII, cap- tured September 17, 1945, Purple Heart.” A purple heart was colored on the lantern. Children are en- couraged to decorate their lanterns. One child decorated her entire lantern with a blue sky, pink flowers, and a beautiful rain- bow. Another lantern was decorated entirely in sheet music for a loved one who loved music. All of the lanterns are unique and personal. The event helps people by giving them an outlet to express their feel- the Clermont Philharmonic Orchestra ings for their loved ones. Also, there is offers a backdrop of classical music, an overwhelming display of emotional guests choose their materials and sit support for each other. The thought, down to design personal and artistic time and emotion that go into decorating messages to loved ones they have lost. the lanterns is touching to see. The decorated rice paper will later en- close lit candles on the small platforms The guests are treated to a catered din- that will be set out on the pond at sunset. ner, followed by the presentation of the colors with a three–volley salute and As diverse as the crowd is, so is the variety of finished lanterns. Black and white Please see CROWN JEWEL on page 16 PAGE 16 OC A JO U R N A L DECEMBER 2012

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Taps to remember the service men and Involvement in the community is re- women buried at the cemetery. Local flected in the development of a lovely Boy Scout and Cub Scout troops lead park within Mt. Moriah Cemetery. This The Pledge of Allegiance and The Star truly unique park is known as Heritage Spangled Banner. In addition, a bugler Memorial Grove, and is a tremendous plays Taps, and a final song of Amazing addition to the cemetery. The total area Grace as the lanterns are placed on the for the park is approximately 2.27 acres. pond. The area is carved partially from a grove of oak and maple trees, with the majori- As the sun descends, guests gather at the pond. The candles are lit and the lanterns are set upon the water to car- ry their messages. As the lake is slowly illuminated, the individual lanterns join together to transform the darkness of the setting sun with glim- mering candlelight.

The Lantern Lighting Cere- mony has grown in the past five years from 250 people to 550. Mt. Moriah Cemetery strives to honor and remember those we bury by providing this touching and memo- rable event. A thank you note sums up the feelings of those who at- ty of the grounds left in its natural state. tended; “You helped ease the unbearable The park is a perfect place for the com- heartache by giving us a chance to show munity to gather, reflect and enjoy. The our love to our lost ones by expressing large main entrance of the park leads to thoughts and memories on the lanterns.” an area described as an Outdoor Wed- DECEMBER 2012 OC A JO U R N A L PAGE 17

ding Cathedral, which includes a circu- are lighted concrete walking trails. lar area that provides for elevated seat- These trails are also handicap accessible. ing and a majestic, granite altar. This Granite benches are placed for visitors cathedral is incorporated into the natural to rest and reflect. The park is available setting which is spectacular for outdoor for use by the community for services, weddings. Another area of the park is weddings and funerals. Park visitors can graced with a stately granite monument seek solitude to meditate and remember with the inscription ““Heritage Memori- their loved ones, family and friends, or simply enjoy the rus- tic, tree lined environment. Heritage Me- morial Grove is another crowning achievement and wonderful addition to Mt. Moriah Cemetery, providing a lasting memorial for future generations to enjoy.

What sets Mt. Moriah Cemetery apart from other cemeteries? It is the commitment of our caring and com- passionate team that works diligently to create a place of beau- al Grove, dedicated to the memory of ty and serenity not only for those who the pioneer settlers of Union Township, are buried here, but for those who are Clermont County, Ohio, by the Trustees paying their respects to their loved ones. of Union Township and Stanley E. This commitment makes Mt. Wilfert”. Winding through the woods Moriah Cemetery sparkle like a “Crown Jewel”. PAGE 18 OC A JO U R N A L DECEMBER 2012

OCA 2013 WINTER CONFERENCE

EMBASSY SUITES DUBLIN, OHIO FEBRUARY 21–23, 2013 DECEMBER 2012 OC A JO U R N A L PAGE 19

2012 OCA LAW BOOK NOW ON SALE

The new OCA Law book is a cemetery entities, township, pri- coherent authority of the current vate, non-profit, union, etc. , the laws affecting the operation of public, and cemetery attorneys. Ohio cemeteries. It has been developed with the cemetery The new OCA Law Book operator in mind: It is written in comes in a CD format. It is a “consumer friendly terminolo- proprietary copy that can be gy” with a summary of all the printed and shared within your sections from the Ohio Revised cemetery. Code. It is easy to read and easy To order your CD, complete to use, which makes it an ideal attached form and remit the with resource for cemetery operators, payment. The Law Book will be cemetery boards, the various shipped as quickly as possible.

Name______

Cemetery______

Address______

City______State______Zip______

Phone______

# Copies _____ @$149.00 (OCA Member) Total $______

# Copies _____ @$299.00 (Non–Member) Total $______

Return this form and check made payable to Ohio Cemetery Asso- ciation to: Ohio Cemetery Association 219 Webbshaw Drive Centerville, Ohio 45458 PAGE 20 OC A JO U R N A L DECEMBER 2012

OVERSIGHT OR OVERKILL? By Dan Applegate

The proposed Bereaved Consumer’s subjected to regulation through expan- Bill of Rights Act of 2011, also known sion of the Federal Trade Commis- as HR 900, is a figurative vessel that is sion’s Funeral Rule. But at this junc- dead in the water. Whatever its merits, ture, it appears to have fallen victim to had the bill passed, cemeteries would a toxic mixture of bad timing combined have been subjected to regulation with an unsympathetic audience. through expansion of the Federal Trade Commission’s Funeral Rule. But at The fate of HR 900 is the result of this juncture, it appears to have fallen three political threads woven together. victim to a toxic mixture of bad-timing First, the Republican controlled House combined with an unsympathetic audi- of Representatives is anything but an ence. incubator for new or expanded federal requirements; on the contrary, regula- The fate of HR 900 is the result of tion is clearly antithetical to their view three political threads woven together. of governance—witness their criticisms First, the Republican controlled House of the Dodd-Frank financial regulation. of Representatives is anything but an incubator for new or expanded federal Second, it seems that the bill’s spon- requirements; on the contrary, regula- sorship by Democratic Representative tion is clearly antithetical to their view Bobby Rush insured that the bill was of governance - witness their criticisms dead on arrival, not because of who he of the Dodd-Frank financial regulation. is but, because he belongs to Second, it seems that the bill’s sponsor- the minority party. ship by Democratic Representative GovTrak.us, a congressional Bobby Rush insured that the bill was internet tracking website that dead on arrival, not because of who he analyzes legislation, provided this prognosis on HR 900’s is but, because he belongs to the minor- Dan Applegate is ity party. GovTrak.us, a congressional chances: “This bill has a 1% President of internet tracking The proposed Be- chance of being enacted” pri- Arlington Memorial reaved Consumer’s Bill of Rights Act marily because “The sponsor Gardens, of 2011, also known as HR 900, is a is a member of the minority Cincinnati, Ohio figurative vessel that is dead in the wa- party.” And, finally, while ter. Whatever its merits, had the bill HR 900 was introduced early passed, cemeteries would have been in 2011, the presidential cam- DECEMBER 2012 OC A JO U R N A L PAGE 21

paign of 2012 has been raging almost hurdles for cemetery consumers who full-throttle since the November, 2010 attempt to report unfair, deceptive, un- mid-term election resulting in a grid- ethical or even illegal practices. Ac- locked Washington where not much cording to Slocum, the lack of a singular since then has been accomplished. Af- entity empowered with oversight au- ter all, how could a Congress that could thority tends to suppress the sheer vol- barely muster the votes necessary to ume of complaints, some that are seri- raise the national debt ceiling ever be ous and legitimate, and leaves many expected to act on anything as mundane consumers so confused and frustrated as cemetery regulation? So, for oppo- that they just eventually give up. These nents of expanding the FTC Funeral constitute what he describes as a pletho- Rule, a cohort of most cemetery opera- ra of “under the radar” complaints that tors led by the International Cemetery, he often fields. Cremation and Funeral Association (ICCFA), the While researching this article, I inter- ...the lack of a singular sinking of HR 900 repre- viewed Slocum. As I noted in Part 1, he entity empowered with sents a convincing victory. is witty and articulate but the interview oversight authority But before the confetti and was animated by his passion. Even with tends to suppress the balloons descend from the long-held biases, I found many of his sheer volume of com- rafters, I suggest we take arguments persuasive and reasonable. plaints, some that are another look at this issue. But as I began wading through the weeds of the proposed legislation, in- serious and legitimate... In Part 1 of this article cluding Slocum’s own testimony to (May, 2012, OCA Journal) Congress, it became apparent that it I laid out the premises for those pushing would be extremely problematic for the federal regulation, an agitation led by cemetery industry to ever fall in lock- point-man Josh Slocum, Executive Di- step and get behind HB 900 or any leg- rector of the Funeral Consumer’s Alli- islation that bore similarities. As I con- ance. While the horror show at Burr cluded Part 1, I posed the following Oak Cemetery in Chicago was ostensi- question: bly the reason for expanding federal regulation to cover cemeteries, Slocum Even assuming there are problems in points to what he considers the over- the cemetery industry, is responding arching area of concern: the dearth of with the Bereaved Consumer’s Bill of standardized record-keeping and the Rights Act overkill? The balance of this inconsistent “patchwork quilt” of regu- article attempts to untangle that ques- lation throughout the fifty states. This tion. mish-mash, he says, creates a maze of Please see OVERKILL on page 22 PAGE 22 OC A JO U R N A L DECEMBER 2012

OVERKILL continued from page 21

While Slocum’s razor sharp arguments superior uniqueness by waving their might sway some, there are still some banners of “licensing” and myths that need to be dispelled. First of “professionalism.” From this, an inter- all, the decks need to be cleared of the esting question arises, one that when marquee claim that federal regulation honestly answered decimates this would eliminate abuses like those at “what’s good for the goose” argument: Burr Oak. While it is a conveniently If funeral homes are unique, why would useful appeal to mobilize support, it is cemeteries be placed under their frame- simply a canard. Even Slocum work of rules? acknowledges that regulation would not prevent blatant acts of criminality. Fur- But it’s another part of the same myth thermore, a structure is already in place that may have legs and is at least partial- when such abuses do occur: It’s called ly of our own doing. Based on survey data, the criminal justice system – and at least ...regulation would not we have been told that one person at Burr Oak has been sen- prevent blatant acts of tenced to a long-term prison sentence. consumers view cemeteries and funeral homes criminality. Furthermore, A second myth is that funeral homes as virtually one and the a structure is already in and cemeteries are similar and thus both same. During the past place when such abuses should be regulated similarly. Of course twenty five years, this do occur: It’s called the funeral directors, regulated by the FTC claim has been repeated criminal justice system. since 1984, immediately jumped on with such ubiquity that board as a key supporter based almost it is accepted as gospel. But, is it really entirely on some misplaced sense of bal- true just because consumers say it is? ance. That is, funeral directors claim Well, maybe - in a very limited context - they have been unfairly singled out and but even that claim seems overcaffeinat- that since funeral homes are regulated, ed. In Harris survey data from 2010, then so too should cemeteries. Yet, this consumers responding to question after is a feeble line of reasoning that disre- question seemed acutely aware of the gards substantive differences between distinctions between cemetery and fu- the two; it is also the height of hypoc- neral home services. risy, especially for funeral directors, While it is clearly true that cemeteries given how they and their state and na- and funeral homes often share in the tional associations smugly assert their delivery of services, this is not an un- DECEMBER 2012 OC A JO U R N A L PAGE 23

common feature in other sectors of the nize that both Slocum and the ICCFA, economy. For instance, it would be primarily through the person and voice laughable to claim that consumers are of Executive Director Bob Fells, are ad- unable to draw a line of distinction be- vocates paid to represent and protect the tween dentists and doctors even though interests of their constituents by using both share in the delivery of health care whatever means they have at their dis- services. The upshot here is this: De- posal. Slocum did precisely that in late claring funeral homes and cemeteries as May when he was interviewed by An- “one and the same” is a case of false derson Cooper on the enormous grand- equivalence that discredits the argument stand that is 60 Minutes. During the for symmetrical regulation. course of that interview, Slocum took dead aim at cemeteries by pointing out a In truth though, the most troubling as- litany of odious abuses and going so far pect of HR 900 is that it simply takes as to say: “It’s not a few bad apples, it’s too big of a bite for the cemetery indus- not isolated incidents; it’s embedded in try to swallow. When the ICCFA in- the fabric of the death busness in this vokes the spec- country.” Hyperbole like that provokes While it is clearly true that cemeter of the “dead responses and the ICCFA immediately teries and funeral homes often hand of govern- issued a press release debunking Slo- share in the delivery of services, ment” assessing cum’s claims calling them “troubling… this is not an uncommon feature “crushing fines” misstatements of fact” and in other sectors of the economy. that could “unsubstantiated.” “literally put For instance, it would be laugha- many of us out Whether or not that is the case, Slo- ble to claim that consumers are of business,” it cum’s 60 Minutes comments were strik- unable to draw a line of distinc- is effectively ing. Curiously, my interview with him tion between dentists and doctors saying “Not on in May did not portend anything nearly even though both share in the de- my watch”! As so provocative; and, his presentation at livery of health care services. I reported in the Ohio Cemetery Association’s con- Part 1, Slocum vention in August, where he focused declaims these as scare tactics and primarily on mandatory price disclo- “specious” arguments designed to whip sures, was measured and restrained, up the support of the ICCFA member- even though his frustration with the pro- ship. Maybe, but then it‘s hard to ig- cess was on full display. This Jekyll nore the fact that he has used Burr Oak and Hyde act seems odd but it might be as fodder to similarly whip up support in explained by the fact that Slocum and favor of HR 900.

It’s important to pause here and recog- Please see OVERKILL on page 24 PAGE 24 OC A JO U R N A L DECEMBER 2012

OVERKILL continued from page 23

the ICCFA have never been forced be- the exception of a “knucklehead ceme- yond the “shouting across the room at tery operator here or there.” Long add- each other” phase. In years past, Con- ed that, in addition to Hornyak’s admi- gress was a place where compromises rable record as Ohio’s cemetery con- were struck and deals made. But to- sumer advocate, and the watchful eye of day’s lawmakers—and calling them that both the Ohio Department of Commerce is something of an oxymoron—can and the OCDRC for issues that should barely communicate with each other let be referred to local prosecutors or the alone exercise the knack to bring out- Ohio Attorney General, consumers can side interest groups together to talk ra- seek relief in state court under the Con- ther than shout. Yet, when shouting sumer Sales and Practices Act. This, he prevails, the status quo almost always says, might be easier, cheaper and wins—and in this case, it’s the ICCFA quicker than a federal agency acting on that represents the status quo. the same complaint. And, not unexpect- edly, both Long and Hornyak expressed But this status quo victory is good for concern over penalties and fines which cemeteries, right? In response, it’s would accrue on the uninformed ceme- probably fair to say that almost all cem- tery operator in the event that federal etery professionals feel good about the regulation is adopted. Most of all, they outcome. Yet, for a different take, I questioned why another level of regula- spoke with both Tim Long, OCA legal tion is needed when the efficient process counsel and lobbyist, and Ted Hornyak, in Ohio is working. former investigator of the Ohio Ceme- tery Dispute Resolution Commission It’s hard to do better than these two ex- (OCDRC). Both were pleased that HR pert sources and it’s gratifying to hear 900 seems to be withering on the vine. that the Ohio system is working so effi- And, both were adamant that cemeteries ciently. But their assurances may unin- in Ohio are adequately regulated—just tentionally substantiate Slocum’s central not overly so. Hornyak, the low-keyed claim: that state cemetery regulation is but effective watchdog of many years, an inconsistent proposition, adequate in went so far as to say that almost all of some states and woefully insufficient in Ohio’s cemetery problems are of the others. Thanks to the dedication of minor variety that can usually be re- Hornyak and the good work of the solved with a phone call or two—with OCDRC, Ohio does have a damned DECEMBER 2012 OC A JO U R N A L PAGE 25

good track record. But, can the same be grabbing cemetery malfeasance. If that said of the other 49 states? For that list continues to grow, it is likely to matter, a consumer might be forced to reach a tipping point that will crush resort to civil litigation—even in Ohio. even the best defensive strategy. In other states, civil action may quite literally be the only source of consumer Commenting in 2011 on the appetite relief, a discouraging gap in consumer for regulation, the American Enterprise protection according to Slocum. Institute, a conservative, pro-business think tank with unimpeachable free en- Even so, the bottom line appears to be terprise bona fides, wrote that, that the ICCFA will again prevail in “Americans…still want government to staving off yet another challenge from watch over business, particularly indus- regulation provocateurs. With so much tries they believe are behaving badly. at stake Bob Fells and his staff, together When an industry is in the news for per- with the strong sup- ceived improper activity, public support ...almost all of Ohio’s cemetery port of its members for more aggressive regulation is problems are of the minor vari- wisely marshaled strong.” Trying to predict the next big ety that can usually be re- the association’s cemetery story and how it will affect resources by em- public opinion is, of course, impossible. solved with a phone call or two ploying a defensive Yet one thing is certain: once public - with the exception of a “circle the wagon” opinion tips against cemeteries, draconi- “knucklehead cemetery opera- strategy that was a an regulatory measures may not be far tor here or there.” hand–in–glove fit behind. for a politically gridlocked environment. In the short Obviously, when HR 900 is unwrapped, term, it was genius and seems to have many of its contents – things like worked. “crushing fines” - are non-starters for cemeteries and thus it is by definition The longer term may present more diffi- overkill. But the time might be ripe and cult challenges. As it turns out, the is- the ICCFA might be wise to switch sue that animated this battle to begin gears and begin working with Slocum to with - Burr Oak - is more than just an consider a wide array of measures, in- issue. It’s a message, and what it says is cluding such things as mandatory price that as horrific as Burr Oak was, it’s not disclosures. It goes without saying that big enough by itself to upend the status a broad majority of cemeteries might quo, regardless of how forcefully the not like it. But it may be palatable par- case is made. But we live in a fluid ticularly if they come to appreciate that world where circumstances change. waiting until the next big Burr Oak is only one name on what is a cemetery story breaks means growing list of shocking and headline they have waited too long. PAGE 26 OC A JO U R N A L DECEMBER 2012

Jack Lee–Harris, President Green Lawn Cemetery and Arboretum 1000 Green Lawn Avenue YOUR Columbus, Ohio 43223 Phone: 614–444–1123 [email protected] OCA Bob Moses, Vice President Crown Burial Park BOARD 816 Holly Oak Lane, Aurora, Ohio 44202 Phone: 330–562–5826 • FAX: 330–995–9082 [email protected] OF John Bokas Sunset Memorial Park DIRECTORS 6265 Columbia Road, PO Box 729 North Olmstead, Ohio 44070 Phone: 440–777–0450 [email protected]

Mark J. Bollinger Riverside Cemetery 3607 Pearl Road, Cleveland, Ohio 44109 Phone: 216–351–4800 • FAX: 216–658–4071 riverside_cemetery@att,net

Mark Funke Spring Grove Cemetery 4521 Spring Grove Avenue, Cincinnati, Ohio 45232 Phone: 513–853–6865 • FAX: 513–853–6802 [email protected]

Scott Harmon Dover City Cemeteries 5651 N. Wooster Aveneue, Dover, Ohio 44622 Phone: 330–343–0011 [email protected]

Rufus Slade Woodland Cemetery & Arboretum 118 Woodland Avenue, Dayton, Ohio 45409 Phone: 937–228–3221 • FAX: 937–222–7259 [email protected] DECEMBER 2012 OC A JO U R N A L PAGE 27

Jan Burrowes, Secretary/Treasurer BCS YOUR 219 Webbshaw Drive Centerville, Ohio 45458 Phone: 937–885–0283 • Fax: 937–885–4512 OCA [email protected]

John Ohnstad, Supplier Representative STAFF Matthews International 2071 Summit Row Boulevard Powell, Ohio 43065 Phone: 614–761–1530 • Fax: 614–798–0085 [email protected]

Wes and Elaine Russell OCA Journal Co–Editors Walnut Grove & Flint Union Cemeteries 5561 Milton Avenue Worthington, Ohio 43085