1 00:00:00,000 --> 00:00:05,320 Uh, welcome. I'd like to call the September 2026 2 00:00:04,160 --> 00:00:10,760 uh meeting of the New York State Cemetery Board to order. I am Michael 3 00:00:07,560 --> 00:00:14,600 Morris. I uh represent New York State Secretary of State Walter Mosley, and 4 00:00:13,200 --> 00:00:17,520 I'll turn it over to my colleagues here on the board. 5 00:00:15,520 --> 00:00:22,440 » I'm Stephanie Gilman. I represent Dr. McDonald in the Department of Health. 6 00:00:20,760 --> 00:00:27,360 » And I'm Jill Faber, and I represent Attorney General Letitia James. 7 00:00:25,360 --> 00:00:34,080 » Thank you. We're physically holding this meeting at 99 Washington Avenue in 8 00:00:30,520 --> 00:00:37,200 Albany, and 44 South Broadway in White Plains, where Jill is, and virtually as 9 00:00:36,280 --> 00:00:41,080 well. We'll start off the meeting by reviewing 10 00:00:38,880 --> 00:00:45,680 the minutes from our August 2026 Cemetery Board meeting. Does anyone have 11 00:00:43,080 --> 00:00:48,160 any questions or corrections to those minutes? 12 00:00:49,560 --> 00:00:56,680 Jill, Stephanie, great. All right. I will make make a motion to 13 00:00:53,760 --> 00:01:01,080 approve the August 2026 minutes of the New York State Cemetery Board meeting. 14 00:00:58,560 --> 00:01:05,160 Do I have any questions? Oh, no, no, I'm sorry. I'll make a motion to approve the 15 00:01:03,040 --> 00:01:10,440 minutes of the 2026 meeting as distributed. Uh, do I have a second? 16 00:01:08,160 --> 00:01:12,240 Thank you. All in favor? Aye. 17 00:01:11,240 --> 00:01:16,480 » Aye. >> Our minutes are approved as distributed. 18 00:01:14,400 --> 00:01:21,320 We'll now move on to our counsel, uh Vanna Bless, to provide a report on 19 00:01:18,760 --> 00:01:24,400 legislation and regulation. >> Good morning, everyone. Uh, for 20 00:01:22,760 --> 00:01:27,960 legislative report, there are no changes from last month. 21 00:01:26,400 --> 00:01:30,680 Regulatory report, the division and I continue to develop a notice of proposed 22 00:01:29,800 --> 00:01:36,200 rule making for the board's consideration. And then finally, uh just 23 00:01:34,000 --> 00:01:40,840 uh in terms of litigation, I think it's fine for me to do this in open session. 24 00:01:38,920 --> 00:01:44,320 Uh, last month, the Cemetery Board recommended uh that Supreme Court 25 00:01:43,040 --> 00:01:47,440 approve Riverhurst Memorial Association's petition to loan them 26 00:01:46,240 --> 00:01:49,880 funds from its permanent maintenance fund. 27 00:01:48,400 --> 00:01:54,480 Uh, the draft petition we reviewed did not name the Cemetery Board as an 28 00:01:51,360 --> 00:01:57,520 opposing party. The filed petition did. Uh, because we uh the Cemetery Board was 29 00:01:56,000 --> 00:02:01,320 named as a party, I did review it. Uh, the relief sought 30 00:01:59,880 --> 00:02:05,960 uh, was in accordance with the Cemetery Board's recommend- recommendation. Uh, 31 00:02:03,600 --> 00:02:10,720 so uh, the Department asked uh, the Office of the Attorney General to appear 32 00:02:08,160 --> 00:02:15,280 and uh, to avoid a default and not to oppose. Uh, the Office of the Attorney 33 00:02:12,760 --> 00:02:19,840 General did that and the court uh, so ordered uh, the loan uh, under the terms 34 00:02:18,000 --> 00:02:24,040 the Cemetery Board recommended. So, just wanted to let you know that 35 00:02:21,400 --> 00:02:27,560 happened uh, in the interim. >> Any board members have any questions? 36 00:02:26,120 --> 00:02:31,440 And after that? No. All right. 37 00:02:29,280 --> 00:02:35,160 We'll move on to a division report from our Division of Cemetery staff. Lewis, 38 00:02:33,840 --> 00:02:37,880 were you going to be giving that? >> Sure. The first thing I have here is a 39 00:02:36,400 --> 00:02:42,720 staffing update, but I don't think I actually have a staffing update. Um, 40 00:02:40,680 --> 00:02:46,959 Um, we had uh, our latest um, 41 00:02:44,760 --> 00:02:50,880 auditor Scott Nickerson started right before the previous meeting. And no, he 42 00:02:49,720 --> 00:02:54,880 started after the previous meeting. I'll take it back. So, Scott 43 00:02:51,720 --> 00:02:58,560 » Are you mistaken? No. >> All right, Scott Nickerson is our new 44 00:02:56,320 --> 00:03:03,200 auditor in Syracuse. Um, and uh, we're working on filling a 45 00:03:01,400 --> 00:03:08,120 couple of more couple more vacant positions. 46 00:03:05,280 --> 00:03:12,959 Turning to the uh, issue of land purchases and sales. Uh, there several 47 00:03:10,880 --> 00:03:16,600 types of applications for which we've created um, 48 00:03:14,720 --> 00:03:20,760 application forms. But but standardized things and to make 49 00:03:18,760 --> 00:03:24,760 it easier for uh, the semet- cemeteries to know what we 50 00:03:22,959 --> 00:03:30,560 want and for us to review them. We do not have ones for land purchases and 51 00:03:26,880 --> 00:03:36,320 sales. Um, but we thought it would be a good idea to put together guidance 52 00:03:32,880 --> 00:03:40,600 document describing to cemeteries seeking approval from the Cemetery Board 53 00:03:38,519 --> 00:03:44,880 for land purchases and sales as to what we're looking for. As part of that, I 54 00:03:43,400 --> 00:03:50,920 reviewed the uh, background. I gave I gave the 55 00:03:47,360 --> 00:03:56,480 board a memo on the background on The most on um, 56 00:03:52,960 --> 00:04:01,800 one particular issue that's come up in land purchases and sales, which is 57 00:03:59,720 --> 00:04:04,880 appraisals. If you go back about three decades, 58 00:04:03,520 --> 00:04:09,800 apparently the board would rely on broker price opinions. At some point, 59 00:04:07,760 --> 00:04:14,240 the board started asking people to submit two appraisals from licensed 60 00:04:12,800 --> 00:04:17,400 appraisers. Um 61 00:04:15,040 --> 00:04:22,520 I want to say about five years ago, we 62 00:04:19,640 --> 00:04:28,280 we started recommending approval for smaller transactions roughly about 63 00:04:24,080 --> 00:04:32,240 $50,000 and under with one appraisal and for really small 64 00:04:30,320 --> 00:04:37,960 transactions with any type of evidence that a cemetery 65 00:04:36,040 --> 00:04:43,200 could could gather to show that the sale or purchase is for fair market value. 66 00:04:40,880 --> 00:04:49,360 What we're proposing is to issue a guidance document, the main change of 67 00:04:46,680 --> 00:04:55,480 practice of which would be to allow cemetery to to say that 68 00:04:52,919 --> 00:05:01,560 in the ordinary case, we ask cemeteries to submit only one appraisal from a 69 00:04:57,919 --> 00:05:05,840 licensed appraiser and the exception being where the sale or 70 00:05:03,640 --> 00:05:10,720 purchase involves a related party, where we would want at least two. 71 00:05:08,600 --> 00:05:16,040 Um again, this is a good The proposal is a guidance document. It's not a It's not 72 00:05:14,520 --> 00:05:19,120 a rule making. There wouldn't be a hard and fast rule, but we want people to 73 00:05:18,040 --> 00:05:23,040 have a better sense of what we're looking for and also maybe release 74 00:05:21,280 --> 00:05:28,200 reduce the regulatory burden on cemeteries by reducing the transaction 75 00:05:25,440 --> 00:05:32,960 cost in hiring two appraisers. Um I don't think Rob, do we need formal 76 00:05:31,760 --> 00:05:38,080 action from the board to approve a guidance document or can we just put it 77 00:05:35,000 --> 00:05:43,600 out there as a division? >> I think it's fine for this So, the last 78 00:05:40,720 --> 00:05:47,360 time you raised this, right? Where Of course I don't remember. The The time 79 00:05:45,520 --> 00:05:53,560 you raised this where you suggested that the cemetery board begin accepting one 80 00:05:50,240 --> 00:05:59,160 appraisal for smaller land purchases, uh the cemetery board voted to adopt 81 00:05:56,440 --> 00:06:03,120 that guidance. So, I don't see any reason to deviate from that over 82 00:06:02,000 --> 00:06:05,880 here. >> Okay. 83 00:06:03,840 --> 00:06:07,400 So, I will make a motion to >> So, does anybody have any I guess any 84 00:06:06,960 --> 00:06:09,960 » Oh, I'm sorry. >> Well, no. Make your motion, then we'll 85 00:06:08,480 --> 00:06:14,520 see if anyone has any comments on it. >> I'll make a motion to adopt the new 86 00:06:12,760 --> 00:06:18,720 guidance. Um does any Do you Jaelor Stephanie do you 87 00:06:16,120 --> 00:06:20,800 have any questions on that? >> No. 88 00:06:21,360 --> 00:06:25,760 » Do I have a second on that? >> Second. 89 00:06:24,600 --> 00:06:31,880 » All right. Uh all in favor? Aye. 90 00:06:29,400 --> 00:06:36,680 All right. Motion is approved. Um 91 00:06:33,640 --> 00:06:40,040 we will move on next to our vandalism and abandonment report for this month. 92 00:06:38,600 --> 00:06:40,919 Alicia, will you be doing that? >> Yep. 93 00:06:40,600 --> 00:06:46,200 » Okay. >> Yep. So, I posted the report. Pretty 94 00:06:43,320 --> 00:06:50,120 much status quo. Um we're slow on deposits 95 00:06:48,000 --> 00:06:55,200 for the year at at this point in the year. They come trickling in, so 96 00:06:53,480 --> 00:07:00,480 March, February, March are our big months where we get a lot of 97 00:06:57,320 --> 00:07:00,480 animals and payments in. 98 00:07:00,880 --> 00:07:08,360 Um we've approved $1.2 million worth of 99 00:07:05,400 --> 00:07:13,160 applications so far this year. Uh we've paid out in cash 100 00:07:11,320 --> 00:07:15,440 $732,000. >> How much is still hanging out there from 101 00:07:14,480 --> 00:07:24,200 previous years? >> From previous years, let's see. 2016 102 00:07:21,080 --> 00:07:27,240 Well, we have available funds in the negative 103 00:07:25,520 --> 00:07:31,520 if we had to pay everything. >> Including things that we've approved, 104 00:07:28,960 --> 00:07:33,520 25% but not 100% but >> Yeah. 105 00:07:32,320 --> 00:07:36,560 » not concerned. >> No, and it's it's 106 00:07:35,280 --> 00:07:39,840 the requests for payments are going to slow 107 00:07:38,400 --> 00:07:42,840 down now because the work is going to slow down in the fall. 108 00:07:41,640 --> 00:07:46,919 » Okay. >> Typical cycle. 109 00:07:44,240 --> 00:07:46,919 Animals and payments. 110 00:07:47,840 --> 00:07:53,120 » Members of the board, any questions on that? Anything to add from the division? 111 00:07:53,640 --> 00:08:00,840 All right. Um my understanding is this month we have no applications for the 112 00:07:59,160 --> 00:08:05,320 vandalism fund. So, no motions to make there. No 113 00:08:03,440 --> 00:08:09,960 um discussion on that. However, 114 00:08:07,680 --> 00:08:13,320 we have uh I did five additional applications that have been submitted in 115 00:08:11,920 --> 00:08:15,960 front of the board. Um 116 00:08:14,000 --> 00:08:19,880 take them in order on the on the uh agenda. 117 00:08:18,360 --> 00:08:24,440 Uh we have an application in front of the board from White Chapel Cemetery in 118 00:08:22,000 --> 00:08:28,720 Erie County. It's an application for a columbarium and major alteration as it 119 00:08:26,800 --> 00:08:31,720 pertains pertains to its cremation section. 120 00:08:29,880 --> 00:08:36,360 Uh staff, who's going to present on >> I'll do I'll do it. So, White Chapel has 121 00:08:34,240 --> 00:08:40,039 as you drive into the cemetery, there's a um 122 00:08:37,560 --> 00:08:42,520 a circle, a traffic circle, a roundabout first traffic circle 123 00:08:41,479 --> 00:08:45,240 um >> roundabout 124 00:08:42,960 --> 00:08:50,520 » just through yeah, just through the rotary. Um so, now we've named all the 125 00:08:47,760 --> 00:08:55,560 terms for it. Um that that you get into as you come into the cemetery. All it 126 00:08:52,560 --> 00:08:59,080 has right now is a flagpole. The concept and there are no burials there. The 127 00:08:56,680 --> 00:09:04,560 concept is to develop it as a cremation section with a series of columbaria, 128 00:09:02,040 --> 00:09:09,280 uh some walking paths through it and curving along the edges. 129 00:09:07,040 --> 00:09:16,040 Um they are it's a multi it's a three-phase project. They're asking for 130 00:09:13,200 --> 00:09:18,800 approval of phase one and part of phase two 131 00:09:17,200 --> 00:09:22,200 as part of this application with the understanding they have to come back for 132 00:09:20,280 --> 00:09:27,160 the rest of phase phase two and phase three. This phase is going to be 133 00:09:25,200 --> 00:09:31,640 two 140-in um 134 00:09:28,240 --> 00:09:35,160 uh pre-fab columbaria and five rows of in-ground burial spaces plus pads and 135 00:09:34,040 --> 00:09:39,920 curbing. Uh the pads and curbing will be just 136 00:09:36,960 --> 00:09:44,600 drainage is involved and arguably other things means that 137 00:09:43,040 --> 00:09:49,200 we're treating this as a major operation as well as a 138 00:09:47,720 --> 00:09:54,080 as common barium application. By definition, a common barium is not a 139 00:09:51,400 --> 00:09:59,200 major operation, but there are major operations associated with this 140 00:09:55,760 --> 00:10:04,200 project. So we are treating it as both. Where the total estimated cost is 141 00:10:01,200 --> 00:10:04,200 $244,502.50. 142 00:10:05,440 --> 00:10:11,600 We're recommending I'll get to 143 00:10:09,480 --> 00:10:14,240 stuff in a minute. We're recommending We're getting some noise in the 144 00:10:12,440 --> 00:10:17,800 background. If you're not speaking, could you please mute? 145 00:10:16,160 --> 00:10:20,680 If you're If you're not speaking to the 146 00:10:19,200 --> 00:10:22,880 board, I should say. If you're speak If you weren't speaking, you wouldn't have 147 00:10:21,720 --> 00:10:25,920 to mute. Um 148 00:10:23,800 --> 00:10:29,040 So we're recommending the subject receipt 149 00:10:27,400 --> 00:10:32,760 of all other local approvals. I believe they have all of their local approvals 150 00:10:31,120 --> 00:10:36,480 that they need. I'm just putting it in there in case there's one that none of 151 00:10:34,360 --> 00:10:43,080 us knew about. In terms of seeker, the locality treated 152 00:10:39,240 --> 00:10:46,360 this as a type two action. They were really only looking at the 153 00:10:44,480 --> 00:10:49,960 common barium structures as far as I can tell. 154 00:10:47,600 --> 00:10:53,040 I had a conversation with them and that that they clarified a little 155 00:10:51,000 --> 00:10:57,160 bit why they came up with that. We thought this is probably better 156 00:10:54,960 --> 00:11:03,800 characterized as an unlisted action because in addition to these small 157 00:10:59,320 --> 00:11:07,800 units, the the they're doing curbing and and possibly drainage associated with 158 00:11:05,960 --> 00:11:11,520 that and there might be some grading work with 159 00:11:09,280 --> 00:11:15,520 respect to the the sidewalk. So we we figured it was better 160 00:11:13,680 --> 00:11:19,760 just to treat it as an untitled as an unlisted action. 161 00:11:17,240 --> 00:11:25,240 We have prepared a They submitted a part two a part one 162 00:11:22,360 --> 00:11:33,960 short EAF to us. We prepared a separate parts two and three. We also 163 00:11:29,960 --> 00:11:38,640 This project came up as potentially that that this area or someplace close 164 00:11:36,520 --> 00:11:41,120 to it came up as potentially listed a lot I guess that's not really the right 165 00:11:40,200 --> 00:11:44,040 word on the 166 00:11:42,160 --> 00:11:49,440 national state register. So we reached out to Shippo. Shippo gave us a letter 167 00:11:47,000 --> 00:11:53,640 of no adverse impact on Tuesday. That's why it was a little slow to get this out 168 00:11:51,560 --> 00:11:58,640 to you guys cuz I was waiting on that letter. Um 169 00:11:55,640 --> 00:12:04,680 it is not in a coastal area even though I believe I believe the the area is an 170 00:12:02,040 --> 00:12:07,800 is an L D L L >> L D W R P 171 00:12:05,400 --> 00:12:10,880 » L W R P area but it's not within a coastal zone. So you don't have to worry 172 00:12:09,600 --> 00:12:15,800 about that. Um which is a long-winded way of saying 173 00:12:13,360 --> 00:12:23,120 we do we are asking you to make a motion adopt a resolution preserve seeker first 174 00:12:19,040 --> 00:12:27,000 and once you do that adopt a resolution approving the Columbarium and 175 00:12:25,640 --> 00:12:30,040 major alteration. >> Okay. 176 00:12:29,040 --> 00:12:32,680 I think the form >> They're both of them are spelled out in 177 00:12:31,600 --> 00:12:36,920 the you know write up. 178 00:12:35,320 --> 00:12:40,400 » Okay. Um 179 00:12:38,560 --> 00:12:45,200 » You'll note that when I wrote the seeker resolution I say finding that the major 180 00:12:42,480 --> 00:12:48,680 alteration is an unlisted action. I was really focusing on the major alteration 181 00:12:47,080 --> 00:12:54,280 aspects of it because those are the ones that I thought would be the ones that 182 00:12:51,760 --> 00:12:57,520 could take it out of type two but it might actually be better to say finding 183 00:12:56,040 --> 00:13:01,240 that this major alteration and Columbarium are 184 00:12:59,600 --> 00:13:04,400 You know what I mean? >> I have no objection to that. 185 00:13:03,160 --> 00:13:06,240 » It might it might just cover our bases better. 186 00:13:05,400 --> 00:13:12,000 » Okay. >> Although I think frankly think it's fine 187 00:13:07,880 --> 00:13:12,000 as it is but it might be better. 188 00:13:12,960 --> 00:13:17,800 » And you did get a second on that. Members of the board? 189 00:13:20,839 --> 00:13:25,080 Joe, are you good? >> Yeah. 190 00:13:23,960 --> 00:13:29,880 » All right. Um I'll make a motion as to seeker 191 00:13:27,720 --> 00:13:36,480 finding this a major this major alteration and columbarium as 192 00:13:33,880 --> 00:13:42,520 unlisted actions under seeker finding that the major alteration will 193 00:13:39,200 --> 00:13:47,080 have no or minimal environmental impact and issuing a negative declaration 194 00:13:45,160 --> 00:13:52,080 and authorizing board chairman Michael Morris to sign the draft short 195 00:13:49,640 --> 00:13:55,440 environmental assessment form part three accompanying the memo presented to the 196 00:13:54,320 --> 00:14:00,480 board. Do I have a second on that? 197 00:13:58,200 --> 00:14:03,400 Thank you. All in favor? I. 198 00:14:01,640 --> 00:14:07,640 » I. >> The motion 199 00:14:04,640 --> 00:14:12,360 as it relates to seeker is adopted. So next we'll move on 200 00:14:10,560 --> 00:14:15,920 as um as the columbarium and major alteration 201 00:14:14,360 --> 00:14:19,680 I'll make a motion approving the installation of the columbarium and 202 00:14:17,680 --> 00:14:26,520 major alteration described in the cemetery's application at a cost not to 203 00:14:22,520 --> 00:14:26,520 exceed $244,502.50 204 00:14:27,360 --> 00:14:33,640 subject to the receipt of all other required approvals. 205 00:14:31,680 --> 00:14:36,560 Do I have a second on that? Right. 206 00:14:34,720 --> 00:14:38,080 All in favor? I. 207 00:14:37,000 --> 00:14:43,160 » I. >> All right, that motion is approved. 208 00:14:41,640 --> 00:14:47,960 Um we will next move on to an application 209 00:14:46,000 --> 00:14:50,839 in front of the board from Webster Union Cemetery in 210 00:14:49,120 --> 00:14:56,120 » It'll be Mike Seelman. >> Thank you. From Webster Union Cemetery 211 00:14:53,120 --> 00:14:59,920 in Monroe County. The application is for a major alteration which included 212 00:14:58,120 --> 00:15:05,280 the development of a new section to create 1,740 213 00:15:02,800 --> 00:15:10,640 in-ground burial spaces for both traditional and cremation interments. 214 00:15:08,520 --> 00:15:15,160 Project includes a new entrance and paved roadways to access new graves. 215 00:15:13,720 --> 00:15:19,680 Sounds like Michael Seelman will be presenting this one. 216 00:15:17,560 --> 00:15:24,960 » Uh yes, this is Mike Seelman from the division of cemeteries. 217 00:15:21,480 --> 00:15:29,840 Uh Webster Union Cemetery is an 18-acre full-service cemetery in the town of 218 00:15:27,760 --> 00:15:33,640 Webster, Monroe County. They average 63, uh, grave sales per 219 00:15:32,640 --> 00:15:37,960 year and they currently have less than 3 220 00:15:35,440 --> 00:15:41,520 years in inventory remaining. Therefore, they need to, uh, develop a 221 00:15:40,080 --> 00:15:46,040 new section. They've requested approval 222 00:15:43,680 --> 00:15:52,000 for a cemetery renovation to develop section 5 of the cemetery, which will be 223 00:15:49,200 --> 00:15:56,800 2.58 acres and will include 1,740 224 00:15:55,240 --> 00:16:03,560 new graves. These are graves for both, uh, full uh, 225 00:15:59,760 --> 00:16:06,800 full body burial and cremation graves. Uh, 226 00:16:04,200 --> 00:16:14,400 the development of section 5 will be to the west of the existing sections. 227 00:16:10,480 --> 00:16:17,400 Uh, the project will cost 1,700 1,107,975. 228 00:16:19,840 --> 00:16:25,160 Uh, and is projected to net, uh, 1,022,705. 229 00:16:26,480 --> 00:16:31,960 Uh, the funding will come from the cemetery's general fund 230 00:16:30,600 --> 00:16:36,240 and it'll, uh, 231 00:16:32,920 --> 00:16:38,760 require approximately a year to develop, uh, 232 00:16:37,080 --> 00:16:45,920 this project. The construction will include, uh, a new 233 00:16:41,360 --> 00:16:51,120 cemetery entrance and 960 lineal feet of paved roadways to access the new graves. 234 00:16:49,360 --> 00:16:55,920 Uh, the cemetery has approval from the town of Webster Planning Board. 235 00:16:53,480 --> 00:17:00,400 Um, it doesn't appear that this project will interfere with the existing graves 236 00:16:58,480 --> 00:17:02,400 uh, or negatively affect the surrounding community. 237 00:17:01,680 --> 00:17:06,560 Uh, I did not personally go to this site, 238 00:17:04,319 --> 00:17:12,000 but Michael Catena, the investigator in Western New York, uh, did view the site. 239 00:17:09,920 --> 00:17:15,800 Uh, based on part 1 of the environmental assessment form submitted by the 240 00:17:13,520 --> 00:17:20,199 cemetery, it appears to be an unlisted action. 241 00:17:17,680 --> 00:17:25,760 Uh the division recommends that the board adopt two resolutions 242 00:17:23,079 --> 00:17:30,720 uh as the seeker finding that this is a major alteration 243 00:17:27,839 --> 00:17:34,240 and is an unlisted action. Uh secondly, finding that the major 244 00:17:32,400 --> 00:17:38,200 alteration will have no or minimal environmental impact. 245 00:17:36,640 --> 00:17:42,360 Uh third, issuing a negative declaration. 246 00:17:40,440 --> 00:17:48,240 Four, authorizing board chairman Michael Morris to sign the draft short EAF part 247 00:17:45,360 --> 00:17:51,320 three that accompanies this memo. And as to the major alteration, 248 00:17:49,880 --> 00:17:55,280 approving the major alteration described in the 249 00:17:53,080 --> 00:17:59,240 cemetery's application at a cost not to exceed $107,975. 250 00:18:00,160 --> 00:18:07,800 Uh I I do believe that the cemetery may have a representative there if they have 251 00:18:04,120 --> 00:18:07,800 any if the board has any questions. 252 00:18:12,240 --> 00:18:17,200 » If there is a cemetery representative online that wishes to speak, uh feel 253 00:18:15,840 --> 00:18:22,640 free to raise your hand or type in the chat and I can manually unmute you. Um 254 00:18:19,720 --> 00:18:22,640 if not, that's fine, too. 255 00:18:31,400 --> 00:18:37,400 » Nothing. >> Hang on 1 second. I'm just making a note 256 00:18:34,720 --> 00:18:37,400 of the amount. 257 00:18:39,560 --> 00:18:46,960 » All right. Mr. Fleming, you're also able to unmute yourself at this time if you 258 00:18:44,440 --> 00:18:46,960 want to. 259 00:18:49,120 --> 00:18:55,120 » I think actually Michael has done a fantastic job outlining the project. I 260 00:18:52,920 --> 00:18:58,400 think it's for the benefit of not just the lot owners, but the community in 261 00:18:56,560 --> 00:19:01,960 general. So, um we appreciate your review and 262 00:18:59,600 --> 00:19:05,080 consideration and would request that the project be approved. 263 00:19:06,480 --> 00:19:12,800 » All right. Thank you. I uh anything else from staff or council 264 00:19:11,000 --> 00:19:16,800 or members of the board. All right. I'll make two motions. Um 265 00:19:17,600 --> 00:19:24,440 The first motion as it relates to seeker finding that the major alteration is an 266 00:19:22,080 --> 00:19:29,040 unlisted action under seeker. Finding that the major alteration will 267 00:19:26,200 --> 00:19:32,880 have no or minimal environmental impact, issuing a negative declaration, and 268 00:19:31,080 --> 00:19:37,960 authorizing board chairman Michael Morris to sign the draft short EAF part 269 00:19:35,960 --> 00:19:42,360 three accompanying the memo. Do we have a second on that? 270 00:19:40,160 --> 00:19:44,280 Thank you. Um all in favor? >> I. 271 00:19:43,760 --> 00:19:48,600 » I. >> All right. The motion is adopted as it 272 00:19:47,080 --> 00:19:52,920 relates to seeker. Uh on the second resolution, I'll make a 273 00:19:50,840 --> 00:19:58,840 motion to approve the major alteration as described in the application at a 274 00:19:54,720 --> 00:20:01,840 cost not to exceed $107,900 $107,975. 275 00:20:03,080 --> 00:20:08,480 Um Do we have a second on that? 276 00:20:06,840 --> 00:20:10,760 All right. All in favor? >> I. 277 00:20:09,800 --> 00:20:14,000 » I. >> All right. 278 00:20:11,600 --> 00:20:18,440 The motion is adopted. Um 279 00:20:16,120 --> 00:20:22,000 Next we'll have an application from Wellwood Beth Moses Cemetery in Suffolk 280 00:20:20,960 --> 00:20:27,240 County as it relates to a plan to pay off de 281 00:20:24,320 --> 00:20:28,200 minimus certificates of indebtedness. Louis 282 00:20:27,760 --> 00:20:31,920 » Yeah. >> Are you presenting on this one? 283 00:20:29,160 --> 00:20:36,240 » So uh when the division was created, cemeteries did not have permanent 284 00:20:33,680 --> 00:20:42,080 maintenance funds. There also were few if any limits on certificates of 285 00:20:38,400 --> 00:20:46,760 indebtedness, which were um notes that a promoter would sell who created cemetery 286 00:20:44,160 --> 00:20:51,520 corporation, sell it the land, and then take payments 287 00:20:48,520 --> 00:20:55,880 back from the cemetery sometimes on uh ridiculous terms both in terms of the 288 00:20:53,200 --> 00:21:02,480 value of uh of the loan the value of the loan versus the land, 289 00:20:57,880 --> 00:21:07,000 and uh interest rates and such. Um The state cemetery board early in its 290 00:21:05,520 --> 00:21:11,480 10-year uh issued a whole bunch of orders 291 00:21:08,840 --> 00:21:17,840 restricting cemeteries from paying off certificates until 292 00:21:14,920 --> 00:21:22,600 the the cemeteries created current or created permanent maintenance funds that 293 00:21:20,240 --> 00:21:26,680 look more adequate in terms of generating income to maintain the 294 00:21:24,160 --> 00:21:30,800 cemetery on a maintenance only basis. Uh there's a series of orders concerning 295 00:21:30,160 --> 00:21:35,320 um what were formerly two cemeteries, Beth 296 00:21:33,120 --> 00:21:39,320 Moses and Wellwood. They're next to each other 297 00:21:36,160 --> 00:21:46,560 in Suffolk County. Uh they have since uh with the board's uh approval merged. Um 298 00:21:43,520 --> 00:21:50,560 the cemeteries' attorney approached us a long time ago 299 00:21:47,840 --> 00:21:55,600 with a proposal that the cemetery some of the 300 00:21:52,960 --> 00:21:58,760 certificate holders hold relatively small amounts. This is by the way not 301 00:21:57,480 --> 00:22:03,960 just for these cemeteries, there are other cemeteries where this is also 302 00:22:00,200 --> 00:22:08,840 true. And it's administrative where I have relatively small amounts of 303 00:22:05,560 --> 00:22:13,960 certificates and it's administratively burdensome for them to keep track of 304 00:22:11,000 --> 00:22:17,520 them, to calculate the payments, to make sure they get the payments, to record 305 00:22:15,520 --> 00:22:23,200 changes of ownership and various and sundry other things. 306 00:22:19,240 --> 00:22:26,440 Um they are asking they asked whether They asked us two questions, whether we 307 00:22:24,640 --> 00:22:31,960 thought there was any order that would prevent them from paying off these uh 308 00:22:30,560 --> 00:22:37,360 small certificate holders. They're defining small as holding 3% or less of 309 00:22:35,160 --> 00:22:41,360 the total. Each of them they only 3% or less of the total. 310 00:22:38,760 --> 00:22:44,560 Um and to the extent there were, would we consider relief to allow them to do 311 00:22:43,520 --> 00:22:49,200 this? Uh we reviewed the cemetery both the 312 00:22:46,360 --> 00:22:54,080 cemeteries' finances and the old orders that we could find. Dropping a footnote, 313 00:22:52,400 --> 00:22:59,920 it's entirely possible that there are other orders that we could not find. Um 314 00:22:57,480 --> 00:23:05,360 but the ones that we did find, we we've attached to our write-up and it's pretty 315 00:23:03,000 --> 00:23:07,920 clear that they can afford to pay back these certificates. Indeed, they can 316 00:23:06,680 --> 00:23:13,360 afford to pay off all of their certificates right now if they wanted 317 00:23:09,480 --> 00:23:17,240 to. So, we thought given the genesis of these orders were to build up 318 00:23:16,360 --> 00:23:21,600 a a a permanent maintenance fund. Now that 319 00:23:18,960 --> 00:23:25,040 they have decent-sized a decent-sized permanent maintenance fund, 320 00:23:23,600 --> 00:23:32,120 uh we're recommending that the simplest way to deal with this is remove it with 321 00:23:28,360 --> 00:23:37,720 vacate any previous order to the extent it prevents them from paying off 322 00:23:34,520 --> 00:23:43,120 certificates other than that which the statute itself provides. Or court Or 323 00:23:40,760 --> 00:23:46,160 court order. And we have I'm not aware of any court orders on this with these 324 00:23:44,680 --> 00:23:47,800 two cemeteries. Um 325 00:23:46,880 --> 00:23:49,800 right? >> One of them very much references court 326 00:23:49,480 --> 00:23:55,840 order. >> You think it's litigation over 327 00:23:53,480 --> 00:23:58,240 over challenging one court order. Okay. 328 00:23:58,600 --> 00:24:04,800 These church I mean So, 329 00:24:03,440 --> 00:24:09,480 Anyway, you want to describe Why don't you describe what the proposed order is 330 00:24:06,720 --> 00:24:13,800 since that's a legal matter. >> Sure. Do you want me to read it? 331 00:24:11,960 --> 00:24:19,240 » I think that's probably a good idea. >> Okay. Well, before I start recitation, 332 00:24:16,600 --> 00:24:22,680 does anyone have any questions? Once again, feel free to raise your hand 333 00:24:20,680 --> 00:24:26,160 in the chat or type or type in the chat if you 334 00:24:23,680 --> 00:24:27,680 want to speak up. >> Um 335 00:24:27,360 --> 00:24:31,560 » Yes, sure. >> I Louis just 336 00:24:29,440 --> 00:24:35,280 Louis just mentioned um that there were some pending litigation. I'm sorry, I 337 00:24:33,280 --> 00:24:38,200 didn't I didn't hear I was you're a little bit low. Can you just like a 338 00:24:36,680 --> 00:24:41,440 couple of sentences again on what the pending litigation is? 339 00:24:39,560 --> 00:24:42,720 » There is no pending litigation. >> There isn't. Okay. 340 00:24:42,080 --> 00:24:47,480 » So, in >> Then I completely misheard. 341 00:24:45,800 --> 00:24:51,520 » So, in the 60s, 342 00:24:49,080 --> 00:24:59,320 the cemetery board issued an order directing or restricting payments. 343 00:24:55,000 --> 00:25:02,760 Uh they sued and the cemetery board in reciting a settlement of that 344 00:25:01,280 --> 00:25:05,000 litigation, uh, issued an order. So, 345 00:25:04,680 --> 00:25:10,440 » Okay. >> one of these orders 346 00:25:06,680 --> 00:25:16,760 pertinent to Beth Moses from 1965 is a settlement of litigation between 347 00:25:12,400 --> 00:25:16,760 the cemetery board and Beth Moses. 348 00:25:17,120 --> 00:25:20,280 » Okay. Thank you. 349 00:25:22,560 --> 00:25:28,120 » All right. Any other questions on that before uh uh 350 00:25:28,200 --> 00:25:30,800 speaks? 351 00:25:31,120 --> 00:25:33,400 Okay. 352 00:25:34,680 --> 00:25:37,040 Okay. 353 00:25:37,080 --> 00:25:43,040 This is everyone's favorite part. Whereas, Wellwood Beth Moses Cemetery 354 00:25:41,080 --> 00:25:47,000 number 52-005 and formerly 52-059 355 00:25:45,480 --> 00:25:50,680 seeks to pay the principal certificates of indebtedness and has inquired as to 356 00:25:48,680 --> 00:25:54,560 whether any cemetery board orders would restrict such payment, and whereas the 357 00:25:52,520 --> 00:25:58,520 Division of Cemeteries has conducted a diligent search and identified prior 358 00:25:56,320 --> 00:26:01,560 cemetery board orders that may restrict Wellwood Beth Moses Cemetery's payment 359 00:26:00,480 --> 00:26:06,680 of principal certificates of indebtedness, and whereas Wellwood Beth 360 00:26:04,640 --> 00:26:10,200 Moses Cemetery's financial position has significantly improved since the time 361 00:26:08,480 --> 00:26:14,520 when the cemetery board issued its prior orders. Now, therefore, the cemetery 362 00:26:12,240 --> 00:26:18,760 board prospectively vacates those portions of any cemetery board orders 363 00:26:16,720 --> 00:26:22,520 that restrict or direct Wellwood Beth Moses Cemetery's payments 364 00:26:21,200 --> 00:26:26,840 of principal of certificates of indebtedness. This order does not modify 365 00:26:25,040 --> 00:26:30,120 any cemetery board order concerning Wellwood Beth Moses Cemetery's 366 00:26:28,560 --> 00:26:34,160 contributions to its permanent maintenance fund or any court order in 367 00:26:32,080 --> 00:26:36,880 effect. This order shall take effect when issued. 368 00:26:40,240 --> 00:26:44,920 » All right. Any questions from the board on this? 369 00:26:47,120 --> 00:26:52,520 » Louis, do we need to ask if anyone from the cemetery wishes to be heard? 370 00:26:50,240 --> 00:26:55,120 » Yeah. Nathan, do you want to see if uh if 371 00:26:53,080 --> 00:26:58,720 » Yeah, of course. Uh once again, if you are interested in speaking on any of 372 00:26:57,200 --> 00:27:01,400 these issues, uh raise your hand or type in the chat so I can unmute you 373 00:26:59,920 --> 00:27:05,360 manually. I don't see anyone at the moment, 374 00:27:03,280 --> 00:27:05,360 though. 375 00:27:08,400 --> 00:27:12,360 All right. >> All right. 376 00:27:10,160 --> 00:27:15,400 » I'll make a motion that the board adopts the order in the form of the 377 00:27:13,480 --> 00:27:21,520 accompanying memorandum and is read into the record. Do I have a second on that? 378 00:27:18,800 --> 00:27:21,520 All in favor? 379 00:27:22,800 --> 00:27:28,920 All right. Motion approved. 380 00:27:25,520 --> 00:27:31,720 Next we'll have an application from Sciota? 381 00:27:31,000 --> 00:27:35,040 » Sciota. >> Sciota, sorry. I'll 382 00:27:33,440 --> 00:27:39,800 make sure I get that right as we discuss this. Sciota Rural Cemetery in 383 00:27:36,880 --> 00:27:43,120 Washington County for a determination of abandonment. 384 00:27:41,800 --> 00:27:44,280 Who's presenting on this one for the town? 385 00:27:43,200 --> 00:27:51,040 » I'll do it. So, the cemetery, no one So, the the 386 00:27:48,920 --> 00:27:56,480 under town law section 291, a cemetery that no longer has a board or 387 00:27:54,480 --> 00:28:01,400 funds available for operations is abandoned within the meaning of the town 388 00:27:58,240 --> 00:28:06,320 law, and the town must maintain it. In this case, 389 00:28:02,800 --> 00:28:11,160 the cemetery attempted to The cemetery had one board member left, noticed the 390 00:28:08,160 --> 00:28:15,200 special meeting to elect officers, told people there was a risk of abandonment. 391 00:28:13,200 --> 00:28:24,120 Nobody showed up. It was Nobody showed up. Um the cemetery's funds will run out 392 00:28:19,560 --> 00:28:29,200 in under a year if operating under on a maintenance-only basis. So, we have 393 00:28:27,240 --> 00:28:33,920 drafted a determination that the cemetery is abandoned to the meaning of 394 00:28:31,280 --> 00:28:38,960 town law. We sent that to the town supervisor for the town of Whitehall 395 00:28:36,320 --> 00:28:43,640 back in July 31st, and haven't heard anything from the town. The town was 396 00:28:41,320 --> 00:28:47,840 aware and participated in the setting up that meeting, so this will not come as a 397 00:28:45,760 --> 00:28:50,920 surprise to the town. Um 398 00:28:48,880 --> 00:28:54,840 obviously we tried to help these cemeteries identify sources of funds 399 00:28:53,600 --> 00:28:58,600 and/or um board members, but that was not 400 00:28:56,680 --> 00:29:01,120 possible here. >> Okay. 401 00:28:59,560 --> 00:29:05,360 Any questions from council on this or members of the board? 402 00:29:03,000 --> 00:29:07,360 » So your your role here is to confirm our determination. 403 00:29:06,080 --> 00:29:13,280 » Correct. So I will make a motion confirming the 404 00:29:10,040 --> 00:29:17,320 determination of abandonment of Teota Rural Cemetery in Washington County as 405 00:29:15,640 --> 00:29:21,840 abandoned within the meaning of town law section 291 because it is not controlled 406 00:29:19,600 --> 00:29:25,760 by an existing board or body and for the care of which there exists no special 407 00:29:23,840 --> 00:29:28,680 fund or endowment to generate income sufficient to cover maintenance 408 00:29:27,440 --> 00:29:32,160 expenses. Do I have a second on that? 409 00:29:30,800 --> 00:29:35,040 All in favor? I. 410 00:29:34,360 --> 00:29:39,920 All right. Motion is approved. 411 00:29:37,720 --> 00:29:44,760 Finally, uh we have an application from Ferncliff Cemetery in Westchester County 412 00:29:42,840 --> 00:29:49,320 for a major alteration including the relocation of a crematory and offices 413 00:29:47,640 --> 00:29:53,320 and repairs to the chapel. >> Louis, are you going to 414 00:29:50,120 --> 00:29:58,360 » me again. So this here is um what what Fer- Ferncliff is do- right 415 00:29:56,360 --> 00:30:02,680 now it's um crematory's kind of an annex off of its 416 00:30:00,400 --> 00:30:07,600 chapel and kind of spills over into the chapel, which is not a particularly good 417 00:30:05,080 --> 00:30:13,680 setup. Um they need to install new machines anyway, so what they're 418 00:30:09,760 --> 00:30:18,800 planning on doing is building uh they're relocating their crematory to where 419 00:30:15,320 --> 00:30:21,680 their office space now is, moving all of their report putting new equipment. 420 00:30:20,800 --> 00:30:29,680 They're going to have new brand new reports in that space. They will have uh 421 00:30:25,040 --> 00:30:32,720 storage and crematory office space above the uh crematory, which will be on the 422 00:30:31,440 --> 00:30:37,560 first floor. Uh eventual their offices will 423 00:30:34,600 --> 00:30:42,360 temporarily relocate. They do have in one of their mausoleum buildings on site 424 00:30:39,640 --> 00:30:45,800 they have an office and they are going to that will be their on-site office for 425 00:30:44,240 --> 00:30:50,720 the entire cemetery not just for the mausoleum during construction which is 426 00:30:47,880 --> 00:30:54,120 about 2 years. Um, they're also going for administrative functions and stuff 427 00:30:52,440 --> 00:30:59,760 where they don't need to be on-site, they're renting off-site office space. 428 00:30:56,680 --> 00:31:04,080 Uh, at the end of the project they will have the new crematory, they will 429 00:31:02,000 --> 00:31:09,000 renovate the space over on the other side of the crematory is to move the 430 00:31:05,960 --> 00:31:15,040 offices back in there and they will also be renovating the chapel to make it much 431 00:31:10,920 --> 00:31:21,480 more usable and useful as a chapel. Um, the total cost of the 432 00:31:18,400 --> 00:31:25,120 project projected by the cemetery is $18 million. 433 00:31:22,760 --> 00:31:28,640 It is likely to come in under that because that includes a contingency on a 434 00:31:27,080 --> 00:31:33,200 contingency. Um, but that's the number they wanted us 435 00:31:31,000 --> 00:31:38,280 to approve and we thought that made sense. Sounds like a lot of money, but 436 00:31:36,600 --> 00:31:46,160 the cemetery's general fund alone had a market value of 437 00:31:41,880 --> 00:31:50,520 over 256 million as of December 31st, 2025. 438 00:31:47,800 --> 00:31:55,320 Because these are all renovations occurring within an existing structure, 439 00:31:53,200 --> 00:31:59,360 this is actually, despite it being rather a large project, a type two 440 00:31:56,920 --> 00:32:03,280 action for purposes of seeker. So, we there's no need for any kind of seeker 441 00:32:01,800 --> 00:32:06,600 review or resolution. 442 00:32:04,240 --> 00:32:06,600 » Okay. 443 00:32:06,720 --> 00:32:11,320 » Members of the board, any questions for Lewis? 444 00:32:09,000 --> 00:32:15,040 Council, any questions for Lewis? All right, I'll make a motion that the 445 00:32:12,960 --> 00:32:20,040 board adopt a resolution approving the major alteration as described in the 446 00:32:16,920 --> 00:32:25,040 application at a cost not to exceed $18 million. Subject to the and subject to 447 00:32:22,720 --> 00:32:26,960 the receipt of all other necessary approvals. 448 00:32:25,440 --> 00:32:29,840 » Which I believe in this case is only a is only a series of building permits. 449 00:32:28,760 --> 00:32:32,960 You know, building permit, plumbing sign-off, those kind of things. 450 00:32:31,840 --> 00:32:36,880 » Right. Do I have a second on that? 451 00:32:34,840 --> 00:32:39,000 Thank you. All in favor? I. 452 00:32:37,640 --> 00:32:42,320 » I. >> Motion's adopted. 453 00:32:40,640 --> 00:32:45,960 Uh and that's the business in front of us. 454 00:32:42,600 --> 00:32:49,440 » Um for public comment, we did receive um inquiry that someone 455 00:32:47,800 --> 00:32:53,080 might want to address the board who was going to log in remotely. So, maybe we 456 00:32:51,240 --> 00:32:55,080 should go with remote first and then in person. 457 00:32:53,880 --> 00:32:58,680 » All right. I got to open that up. I'm going to do the next uh cemetery board 458 00:32:57,480 --> 00:33:02,120 meeting here. We're going to open up public comment soon, but our next 459 00:33:00,800 --> 00:33:07,800 meeting, the New York State Cemetery Board for the October meeting, will be 460 00:33:04,480 --> 00:33:14,040 held Wednesday, October 14th at 10:30 a.m. at One Commerce Plaza in Albany and 461 00:33:11,560 --> 00:33:18,520 also at 44 South Broadway in White Plains. That is a departure again from 462 00:33:16,880 --> 00:33:21,480 our normal Tuesday timing. But >> Yeah, there the reason is 463 00:33:20,080 --> 00:33:25,960 the Monday right the Monday is a holiday, so I didn't want us not to have 464 00:33:23,880 --> 00:33:29,440 a day before the meeting in case something needed to be dealt with right 465 00:33:27,560 --> 00:33:33,680 before. >> So, and as Lewis mentioned, there might 466 00:33:31,640 --> 00:33:39,640 be some online comment first, so we'll open up public comment online first. So, 467 00:33:37,320 --> 00:33:41,920 Nathan, uh you want to provide any directions for people 468 00:33:41,000 --> 00:33:45,960 looking to speak? >> Yeah, once again, either utilize the 469 00:33:43,600 --> 00:33:50,160 raise hand function or the chat feature so that I can know to unmute you. Um I 470 00:33:48,800 --> 00:33:53,760 don't see anyone with their hand raised at the moment. Oh, it's David. 471 00:33:53,000 --> 00:33:57,440 Uh but if you, you know, there's plenty of 472 00:33:55,720 --> 00:34:00,080 time, so if we don't get to you right away, we'll 473 00:33:58,720 --> 00:34:03,680 I'll see your hand eventually. All right. Thank you for your waiting, 474 00:34:01,280 --> 00:34:03,680 David. 475 00:34:03,840 --> 00:34:11,879 » Yeah, I just want to thank the board on behalf of NYSAC for um their movement 476 00:34:09,360 --> 00:34:16,120 and consideration of the appraisals issue. It's quite significant, 477 00:34:13,480 --> 00:34:20,159 particularly for smaller cemeteries, and it really does make good public policy 478 00:34:18,240 --> 00:34:23,159 sense, and we're deeply appreciative that this change has been made. So, 479 00:34:21,560 --> 00:34:25,720 thank you to the board for that those efforts. 480 00:34:26,080 --> 00:34:33,080 » Good. Thank you. >> Uh I will now again getting uh Mr. Chris 481 00:34:30,360 --> 00:34:33,080 Black. 482 00:34:33,560 --> 00:34:36,800 All right. you are good to go. 483 00:34:37,040 --> 00:34:45,080 » Yes, uh good morning. Hope everyone had a great summer and hope everyone's 484 00:34:42,159 --> 00:34:49,600 family is well. My name is Chris Black. I'm the president of the Concerned 485 00:34:47,480 --> 00:34:56,240 Taxpayers of Wheatley Heights, Dix Hills Incorporated Civic Association. 486 00:34:52,440 --> 00:35:01,640 And I'm just wanted to ask if the board or any members have received 487 00:34:59,080 --> 00:35:04,720 uh any application pertaining to the Bristol project 488 00:35:03,680 --> 00:35:12,800 that uh Pinelawn is looking to lease land to 489 00:35:08,960 --> 00:35:12,800 to build an industrial park. 490 00:35:13,520 --> 00:35:18,920 » I have not received any application in front of the board. 491 00:35:17,560 --> 00:35:22,480 Division? >> Nothing from them. 492 00:35:20,920 --> 00:35:26,720 » No, Mr. Black, we have nothing in front of the board. 493 00:35:24,120 --> 00:35:33,080 » Okay. Are you aware of something coming down the pipeline possibly? 494 00:35:30,200 --> 00:35:37,600 » I am not aware of any timing. >> The cemetery has stated that they will 495 00:35:35,520 --> 00:35:41,880 submit an amended application to us. They have not given us a time frame for 496 00:35:39,440 --> 00:35:46,000 which they will do that. >> Okay, so they will be submitting a 497 00:35:44,440 --> 00:35:50,080 amended application. 498 00:35:47,520 --> 00:35:53,720 » That's our understanding. >> Okay. 499 00:35:51,560 --> 00:35:59,400 That and of course I won't ask number three because you haven't received it. 500 00:35:55,320 --> 00:36:04,160 So I would say I would only ask if you look at the project and look at the 501 00:36:02,560 --> 00:36:08,720 community and make a fair determination. That's 502 00:36:06,840 --> 00:36:12,640 all I ask, but you haven't seen it haven't received the application, so we 503 00:36:10,840 --> 00:36:15,160 won't go any further. Thank you. 504 00:36:14,080 --> 00:36:17,240 » Thank you. >> Thank you. 505 00:36:16,640 --> 00:36:22,520 » Okay. >> Uh Ms. Lefoy 506 00:36:20,680 --> 00:36:25,320 you should be good to speak now. Thank you for your patience. 507 00:36:23,560 --> 00:36:26,680 » Oh, it says she left the call. >> Oh, there she is. 508 00:36:26,160 --> 00:36:29,880 » Oh, no, there she is. >> No, no, I'm here. 509 00:36:28,680 --> 00:36:32,440 » You're back. >> Yes, good morning everyone. Thank you 510 00:36:31,280 --> 00:36:35,360 for having us here and allowing us to make 511 00:36:34,160 --> 00:36:40,640 comments. My topic is the same as Mr. Black's. I 512 00:36:38,160 --> 00:36:46,280 sent a letter to Director Palasek earlier this week 513 00:36:42,200 --> 00:36:49,640 in regards to the Pylon project. My I represent the historical conservation 514 00:36:48,280 --> 00:36:54,040 society of Wheatley Heights and Wyandanch. We're a relatively new new 515 00:36:51,720 --> 00:36:58,400 group that has formed in response to this project that Pylon is building. And 516 00:36:56,720 --> 00:37:01,200 we've been doing some some of our own Twitter research into what's going on 517 00:37:00,200 --> 00:37:05,200 there. And you know, one of the things we came 518 00:37:03,000 --> 00:37:10,600 across was that the secret was passed based on what they 519 00:37:08,800 --> 00:37:13,960 said was one of many things that based on what they said was an archaeological 520 00:37:12,520 --> 00:37:18,440 study. When we looked at some of the details of that study that appeared in 521 00:37:16,160 --> 00:37:22,680 the the secret I think on page 111 in the main report in the 522 00:37:20,320 --> 00:37:27,560 FEIS main report. It said that they didn't really do a 523 00:37:25,760 --> 00:37:32,040 like a full study. The community had requested a um 524 00:37:29,280 --> 00:37:36,440 a ground penetrating radar study, a GPR study that goes deep into the ground to 525 00:37:34,160 --> 00:37:40,920 see if there are um you know, people buried there. And I 526 00:37:38,800 --> 00:37:45,360 think according to the study the secret report, they only went about 7 or 8 527 00:37:42,680 --> 00:37:50,040 inches of just a few centimeters into the ground and they did cover a wide 528 00:37:48,040 --> 00:37:54,600 portion of the land but they did not go deep. Certainly 7 inches is not deep 529 00:37:52,560 --> 00:37:58,400 enough to see if there's any additional people buried there outside of what 530 00:37:56,560 --> 00:38:02,120 Pylon has said. So, we're very concerned about that because we many people in the 531 00:38:00,840 --> 00:38:07,600 community believe that there are additional people buried on that land 532 00:38:04,720 --> 00:38:12,680 outside of the lot two, which is the cemetery that Pylon acknowledges even 533 00:38:09,840 --> 00:38:16,560 though they don't take care of it. It's a segregated cemetery. There are 534 00:38:14,680 --> 00:38:20,800 Civil War veterans buried there which you all know. So, we just want we would 535 00:38:18,880 --> 00:38:25,000 like for the board to really consider denying Pylon's application. This is the 536 00:38:23,160 --> 00:38:30,880 request I put in my letter because of the fact that they have not done the GPR 537 00:38:28,080 --> 00:38:36,680 uh study to make sure that lot one, the main lot, does not also have um people 538 00:38:34,360 --> 00:38:39,760 buried there. So, I just wanted to put that make that statement. It was in my 539 00:38:38,160 --> 00:38:43,920 letter, but I also wanted to make it personally to the board. 540 00:38:42,400 --> 00:38:49,480 Thank you. >> Thank you. 541 00:38:45,400 --> 00:38:49,480 Any other online public comment? 542 00:38:50,040 --> 00:38:57,000 » I don't see anyone else at this time. >> You're done, thank you. 543 00:38:54,720 --> 00:39:00,080 » And next we'll move to in-person comment. We have nobody in Albany, but 544 00:38:59,000 --> 00:39:03,520 it looks like we have a couple individuals in White Plains. 545 00:39:05,600 --> 00:39:13,120 Go ahead. >> Oh, hi everybody. Um 546 00:39:09,760 --> 00:39:17,520 my name is Kendrick Lau and Mr. Tycoon Hills. 547 00:39:14,480 --> 00:39:22,560 We are both um lot owners as a Commack Cemetery in Commack. 548 00:39:19,720 --> 00:39:30,680 And came to my attention this past year that this cemetery is ran by a board 549 00:39:26,520 --> 00:39:34,800 that is corrupt and fractured. Both of us attended a 550 00:39:32,440 --> 00:39:38,760 uh lot owner meeting um earlier this month. 551 00:39:36,480 --> 00:39:44,040 And this lot owners meeting was held outdoors 552 00:39:40,280 --> 00:39:49,200 and on the day where there was a huge funeral schedule. Now, this is a small 553 00:39:46,720 --> 00:39:53,960 cemetery and not a big one. So, when all the cars came in, 554 00:39:51,120 --> 00:39:57,200 they basically blocked the road so the mourners can could see what was 555 00:39:55,520 --> 00:40:01,160 going on. And what was going on was that um 556 00:40:01,240 --> 00:40:08,200 during the meeting, the secretary, Julie Minerva, 557 00:40:05,520 --> 00:40:13,160 s- had clear had s- declared that the meeting was being uh held illegally 558 00:40:10,560 --> 00:40:18,080 because she was not involved in um it s- it being scheduled. 559 00:40:14,800 --> 00:40:21,880 And she also made it explicitly clear that after she spoke her statement, 560 00:40:21,000 --> 00:40:25,640 Mr. Donnigan here would make his own 561 00:40:23,720 --> 00:40:28,960 statement. During 562 00:40:27,360 --> 00:40:32,840 in that day, Mr. Donnigan was having trouble speaking, so I was speaking on 563 00:40:31,080 --> 00:40:36,960 his behalf. When I started reading, 564 00:40:34,920 --> 00:40:40,800 Mitchell Mitchell Hirsch, the vice president of the board, 565 00:40:39,000 --> 00:40:43,520 who has own lawyer there, who is not recognized, 566 00:40:42,240 --> 00:40:47,320 tried to shut shut it down. 567 00:40:45,600 --> 00:40:51,120 And so in effect, this is the last owner's meeting where the lot owner is 568 00:40:49,240 --> 00:40:56,120 not allowed to be to to to talk. To 569 00:40:53,360 --> 00:41:01,880 make their opinion known. And so there was a slight argument going 570 00:40:59,320 --> 00:41:06,240 on back and forth. I continued to read Mr. Donnigan's statement. 571 00:41:03,800 --> 00:41:10,760 Mitchell Hirsch's lawyer and Mr. Donnigan's were 572 00:41:08,320 --> 00:41:15,120 exchanging words. Some people in the meeting were also speaking loudly about 573 00:41:13,000 --> 00:41:19,640 how we were all being you know, acting like immature children. 574 00:41:17,640 --> 00:41:24,000 And meanwhile, people are coming in to attend a funeral. And then Mitchell 575 00:41:21,920 --> 00:41:27,000 Hirsch or some other individual called the police 576 00:41:25,560 --> 00:41:31,720 to intervene saying that we were disrupting the meeting. Which is of 577 00:41:29,480 --> 00:41:35,560 course not true. How can a lot owner speaking in a lot owner's meeting be 578 00:41:33,880 --> 00:41:39,480 disrupting a meeting? And so basically 579 00:41:38,280 --> 00:41:41,560 um I 580 00:41:40,600 --> 00:41:46,640 the But basically, I'm just the one I want 581 00:41:43,800 --> 00:41:51,160 the state to step in, to take over the cemetery and and remove this board. 582 00:41:49,080 --> 00:41:54,960 Because there are a lot of other things happening 583 00:41:52,840 --> 00:42:00,040 with this board that I'm not sure you any of you know about, such as them 584 00:41:58,000 --> 00:42:04,000 planning themselves to to cut down all these beautiful oak trees in the 585 00:42:01,800 --> 00:42:07,600 cemetery. With the 586 00:42:05,080 --> 00:42:11,160 forced excuse that they were weather beaten and diseased. And no, they 587 00:42:09,600 --> 00:42:16,960 weren't they weren't. I saw these trees myself. We just drove into a cemetery 588 00:42:13,680 --> 00:42:22,600 one day and saw them all kicking down with the tree trunks being 589 00:42:19,720 --> 00:42:28,720 uprooted. Tree trunks the old chopped up being everywhere. It was a disgrace. 590 00:42:25,280 --> 00:42:32,440 And so again, I just want the state to step in and just 591 00:42:30,440 --> 00:42:35,920 take over the cemetery if they could do what they can to remove this board 592 00:42:34,160 --> 00:42:40,400 because they are not doing their job. They acting like this cemetery is their 593 00:42:37,960 --> 00:42:43,720 own province and they just feel like they can 594 00:42:41,240 --> 00:42:49,120 just do anything they want with impunity 595 00:42:46,000 --> 00:42:54,120 or consequence and no consequences. Mr. D'Agostino, make your statement. 596 00:42:51,920 --> 00:42:57,680 » John D'Agostino, I second what Mr. Lauria said. 597 00:42:55,640 --> 00:43:03,560 I wanted to thank you all because sitting here listening to our cemetery 598 00:43:00,640 --> 00:43:10,760 board and our division of cemeteries, I'm getting an education on applications 599 00:43:07,040 --> 00:43:16,640 and how the process works. So with the backing of my mentor, who I met many 600 00:43:14,160 --> 00:43:21,400 years ago on Duffield Street, she taught me very well and you all work 601 00:43:18,960 --> 00:43:28,040 for Tish and we all know her as Letitia James. So I have confidence 602 00:43:24,640 --> 00:43:34,360 in the process and I have to thank Jill Thank Faber for helping me and educating 603 00:43:31,680 --> 00:43:39,960 me as well as Kerry McGovern, who's been very astute and excellent and Louis 604 00:43:37,080 --> 00:43:45,040 Palumbo, who has helped me and directed me. We may not get along on a few 605 00:43:42,200 --> 00:43:50,000 occasions, but I definitely can say that I did get a good education 606 00:43:47,200 --> 00:43:56,560 and I feel the process will rectify the Comax Cemetery issues. Thank you. 607 00:43:53,800 --> 00:43:56,560 » And thank you. 608 00:44:03,920 --> 00:44:06,520 » That's um 609 00:44:06,920 --> 00:44:10,640 I think that's it. Anybody have anything else? 610 00:44:11,120 --> 00:44:17,000 Make a motion to conclude the September 2026 meeting of the New York State 611 00:44:14,920 --> 00:44:20,400 Cemetery Board. Do I have a second? All in favor? 612 00:44:19,080 --> 00:44:22,160 I'm sorry. Second. >> Second. 613 00:44:20,880 --> 00:44:25,080 » All in favor? Thank you. 614 00:44:23,440 --> 00:44:27,520 Uh thank you everybody. Meeting's adjourned.