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Bulletin of the National Concrete Burial Vault Association
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Serving the Death Care Industry Since 1929 By J. Scott Calkins, Esq. NCBVA Counsel (Second of two articles) In the last issue of The Bulletin, I outlined the Prohibitions for Cemeteries that was contained in the famous Mac Moore litigation in Oregon several years ago and the analysis of that decision by the counsel for the American Cemetery Association. The ACA warned its members about the implementation of discriminatory, unreasonable, and illegal regulations and policies. While the previous Bulletin article addressed practical information regard- ing cemetery prohibitions, this article will provide you with some legal analy- sis regarding limitations on cemeteries’ imposition of certain regulations and fees. Two issues come to mind. One is the charging of excessive fees, i.e. setting fees. The other is the recent attempt by cemeteries to impose requirements that third party vault suppliers carry general commercial liability insurance with coverage in the millions of dollars before the vault provider will be permit- ted to conduct any activity on the ceme- tery’s property. While I have addressed such fees and regulations in the past from the standpoint of state court decisions and attorney generals’ opinions, you should also be aware that federal antitrust laws limit the ability of a cemetery to impose I t doesn’t matter whether you’re a butcher, a baker, or a concrete vault maker: effective marketing can be an important element to a successful business. NCBVA is marketing on the national level to raise identity and educate funeral professionals on the concrete burial vault industry. But individual vault manufacturers must tell their story on the local level. “Together we can make a really strong team,” said Linda Darby-Sempsrott at the “Vault Marketing for Dummies” educational session during the NCBVA Convention in February at the Walt Disney World® Resort. Darby-Sempsrott of Trigard Vaults/Greenwood Plastics is chairman of NCBVA’s Marketing Committee which was set up nearly two years ago. Also on the committee: JoAnn Baldwin, Doric Products, Inc. Julie A. Burn, Wilbert Funeral Services, Inc., and Marty Begun, Eagle Burial Vaults. The committee used the highly popular book, Marketing for Dummies by marketing whiz Alexander Hiam, as inspiration for the program which took the basics of marketing and put them into terms that were easy to understand along with practical steps to take to promote individual vault manufacturing companies and their products and services. “It’s your job to convince your customer that they want to buy your product and Continued on page 9 Continued on page 6 How to Share the Vault Story In Your Home Community Convention attendees gather ‘round for a first-hand glimpse at a pouring of Self Consolidating Concrete at Wilbert’s Thermoform Plastics plant. Story on page 12. What You Need to Know About Excessive Fees, Insurance Requirements Vol. 18 No. 1 February 2003
Transcript
Page 1: Bulletin 2003 February

Serving the Death Care Industry Since 1929

By J. Scott Calkins, Esq.N C B VA Counsel

(Second of two art i c l e s )In the last issue of The Bulletin, I outlined the Prohibitions for Cemeteries that was contained in thefamous Mac Moore litigation in Oregonseveral years ago and the analysis ofthat decision by the counsel for theAmerican Cemetery Association. T h eA C A warned its members about theimplementation of discriminatory,unreasonable, and illegal regulationsand policies.

While the previous B u l l e t i n a r t i c l eaddressed practical information regard-ing cemetery prohibitions, this articlewill provide you with some legal analy-sis regarding limitations on cemeteries’imposition of certain regulations andfees.

Two issues come to mind. One is thec h a rging of excessive fees, i.e. settingfees. The other is the recent attempt bycemeteries to impose requirements thatthird party vault suppliers carry generalcommercial liability insurance withcoverage in the millions of dollarsbefore the vault provider will be permit-ted to conduct any activity on the ceme-t e r y ’s property.

While I have addressed such feesand regulations in the past from thestandpoint of state court decisions andattorney generals’ opinions, you shouldalso be aware that federal antitrust lawslimit the ability of a cemetery to impose

I t d o e s n ’t matter whether you’re a butcher, a baker, or a concrete vault maker: e ffective marketing can be an important element to a successful business. N C B VA is marketing on the national level to raise identity

and educate funeral professionals on the concrete burial vaulti n d u s t r y. But individual vault manufacturers must tell their storyon the local level. “Together we can make a really strong team,”said Linda Darby-Sempsrott at the “Vault Marketing forDummies” educational session during the NCBVA Convention in February at the Walt Disney Wo r l d ® Resort.

Darby-Sempsrott of Trigard Vaults/Greenwood Plastics ischairman of NCBVA’s Marketing Committee which was set upnearly two years ago. Also on the committee: JoAnn Baldwin,Doric Products, Inc. Julie A. Burn, Wilbert Funeral Services, Inc.,and Marty Begun, Eagle Burial Vaults.

The committee used the highly popular book, Marketing for Dummies by marketingwhiz Alexander Hiam, as inspiration for the program which took the basics of marketingand put them into terms that were easy to understand along with practical steps to take topromote individual vault manufacturing companies and their products and services.

“ I t ’s your job to convince your customer that they want to buy your product and

Continued on page 9

Continued on page 6

How to Share the Vault StoryIn Your Home Community

Convention attendees gather ‘round for a first-hand glimpse at a pouring of SelfConsolidating Concrete at Wilbert’s Thermoform Plastics plant. Story on page 12.

What You Need to KnowAbout Excessive Fees,Insurance Requirements

Vol. 18 ■ No. 1 ■ February 2003

Page 2: Bulletin 2003 February

2 NCBVA BULLETIN February 2003

Page 3: Bulletin 2003 February

February 2003 NCBVA BULLETIN 3

National Concrete Burial Vault Association, Inc.900 Fox Valley Drive, Suite 204Longwood, Florida 32779-2552

http://www.ncbva.org(800) 538-1423 Fax: (407) 774-6751

President’s MessageBy Dan Hicks

PresidentDan Hicks

Hicks IndustriesMiami, FL

President-Elect J.C. Clifton

Quality Burial Vault Co.Houston, TX

Secretary/TreasurerGraham MacLeod

Detroit Wilbert Vault Co.Detroit, MI

Immediate Past PresidentJack Swihart

Saginaw Wilbert Vault Corp.Saginaw, MI

DirectorsDarren Baxter

Baxter Burial Vault ServiceCincinnati, OH

Marty BegunEagle Burial Vaults

Detroit, MI

Tim BrownBrown-WilbertSt. Paul, MN

Warren ChandlerMaster Grave Service, Inc.

Bogart, GA

Linda Darby SempsrottGreenwood Plastics

Phoenix, AZ

Bob DonatelliBaumgardner Products Co.

Akron, OH

Kelly PellicanoGraffius Burial Vault Co.

Reading, PA

Steve VincentJ.P. Vincent & Son, Inc.

Galena, IL

Curt ZamecWilbert Funeral Services, Inc.

Forest Park, IL

Executive DirectorThomas A. Monahan, CAE

Certified Association ManagementCompany

Longwood, FL

Legal CounselJ. Scott Calkins, Esq

Publications DirectorJan Monahan

Membership & BookkeepingSonia Medina

The monster storm that hit many parts of the country was just one of the reasons we were happy to be in Florida in February attending the NCBVAAnnual Convention and Exposition. Despite “The Blizzard of 2003,” we scored record attendance —128; that’s double our

usual numbers. It was wonderful to see some old friends including1969 president, Charles Payment, and 1974 president, GeraldH a r d y. There were also some new faces in the crowd. That was thegoal of moving our annual meeting from June to February and to a warm-climate destination.

An outstanding program of educational sessions and just theright mix of exciting social events was another reason to be glad to be there. Our marketing committee has worked extremely hardpreparing programs and materials that will help all of us promoteand sell our products, regardless of which brands we sell. It’s good for us; it’s good for the whole industry. Apanel of veterans shared tips on howthey do things in their companies. We were also able to see first-hand a demonstration on self consolidating concrete at Wi l b e r t ’s Thermoform Plastics plant in A u b u r n d a l e .This is what belonging to this association is all about. If you take home just one goodidea to use in your business, it can more than offset the cost of attending.

For the first time in recent years, Doric and Eagle held their meetings to coincidewith our convention and I hope this will be a practice that will continue in the future.

There is always a magical atmosphere at the Walt Disney Wo r l d ® Resort. We saw itin the faces of the children when Mickey and Minnie paid us a visit during our openingreception. We were fascinated and amazed by the performers in Cirque du Soleil on ourclosing evening. For just a few days we were a part of the magic and no one complained when flights were canceled and they had to tack on another day or two.

Plans are already being made for Las Vegas in 2004. Put it on your calendar. Perhaps that’s where you’ll find your “Hidden Pot of Gold”!

“They did not return to earth but we pray they are safely home”--President George W. Bush

In memory of the Seven Columbia Astronauts who losttheir lives on February 1, 2003.

Rick HusbandWilliam McCool

Michael A n d e r s o nKalpana Chawla

David Bro w nL a u rel ClarkIlan Ramon

Sunshine And AGreat ProgramWho Could Have Asked For More?

Page 4: Bulletin 2003 February

4 NCBVA BULLETIN February 2003

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“Daisy” Infant CombinationsQuality, dependable graveside service

Find out more about being a Doric “Problem Solver”

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Page 5: Bulletin 2003 February

February 2003 NCBVA BULLETIN 5

THE LOGAN VAULT HANDLERBy Axis Corporation

Page 6: Bulletin 2003 February

6 NCBVA BULLETIN February 2003

service,” said Darby-Sermpsrott. “If you havea great product, at a great price and you knowthat your service is terrific, what good doesthat do you if they [consumers] don’t knowthat you exist?” Marketing is how you get yourmessage out. The program outlined the basicsof marketing research, advertising and selfpromotion.

R e s e a rc hAn important link in the chain of a sound marketing/advertising is research. It providesthe basis for understanding the market or customers you are selling to, explained MartyBegun. The research process described inMarketing For Dummies helps you avoid common errors. “Just gathering a lot of information without having a starting point and some clearly defined objectives is a wasteof time and valuable resources,” said Begun. He outlined valuable sources of free information including data available on the Internet, company sales data and surveys. Yo ud o n ’t have to be a large company to utilize much of the research that is already available.It could be as simple as sitting down and finding out what your secretaries and driversknow about your customers and your business or it could be information as readily availa b l eas the Internet.

A d v e rt i s i n g“Once you’ve conducted your market research and collected your data, it’s time to take alook at how you can best get your message across in your local marketplace,” said JulieBurn. She discussed the basics of the different advertising mediums – print, broadcast(radio and T V spots) and outdoor or “out of home” advertising (billboards, signs, banners,etc.) Burn also reviewed what to look for when purchasing spots, whether or not you canprepare advertising materials yourself and when to get the assistance of a professional.Print is the preferred medium for business-to-business advertising which would be used toreach the funeral professionals. Broadcast and outdoor are best for reaching the c o n s u m e r, she said.

N C B VA has created a national ad which has been running in three specially selectedtrade publications. This ad can be personalized for use in your local area. In conjunctionwith the ad, there are brochures available which explain the benefits of lined concrete burial vaults to the consumer. “Your association has put this all together for you so youd o n ’t have to pay someone to do it,” said Burn. NCBVA’s ad is currently running on thefirst page of the February 2003 issue of American Funeral Dire c t o r.

Shameless Self Pro m o t i o n“If our funeral directors aren’t telling families about what we do, then it may be time todo it ourselves,” said JoAnn Baldwin. And the way you can do this locally and inexpens i v e l yis through press releases, premiums, promotions at senior expos, trade shows, field trips,county fairs, merchant days, philanthropies etc.

Baldwin outlined the basics of a good press release. It must contain the five W ’s: who,what, when, where and why. Then you have to have an angle. This might include newsabout people or a new product line in your business, an interesting event that your company is involved in, i.e, a clean-up day at the Ve t e r a n s ’c e m e t e r y.

There are many ways you can get the word out about your business and get people inyour community familiar with concrete burial vaults. Baldwin challenged everyone to pickone or two and give it a try for a year.

To find out more about NCBVA’s marketing program, please see the Marketing OrderForm on page 7 or call the headquarters office at 1-800-538-1423.

Congratulations on a great programand the cooperation you received tomake it a reality. You should feel atremendous sense of pride. I will callmy Wilbert franchisee this weekabout the brochures as they are agreat asset to the pre-need packetswe distribute regularly and at seminars as an additional handout,and on our literature table at thefuneral home.

Again, great job and please pass onmy congratulations to the presentersLinda, JoAnn and Julie who weregreat.

--John C CarmonPast President, NFDAChairman, FAMIC

The NCBVA Marketing Committeepresented the audio/visual programthey developed to promote concreteburial vaults at the last meeting of theFuneral and Memorialization Infor-mation Council (FAMIC). This is aletter we received about the program.

Continued from page 1

Julie Burn of Wilbert Funeral Services,Inc., gave tips on buying advertising in

your local community to a packed houseat NCBVA’s Annual Convention at the

Walt Disney World® Resort.

Audio/Visual ProgramReceives Kudos

Page 7: Bulletin 2003 February

February 2003 NCBVA BULLETIN 7

VA U LT MARKETING PROGRAM ORDER FORM

Company Name____________________________________________________

Billing Street Address or PO Box ______________________________________

City_____________________ State _____________ Zip_____________

Shipping Street A d d r e s s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

City ____________________ State ______________ Zip ____________

Phone # ________________________________________________________

Contact Person___________________________________________________

A D V E RT I S E M E N T - “ T h ree Reasons to Consider a Lined Concrete BurialVa u l t ”______ I would like a copy of the advertisement to run in my local publications

(NO CHARGE)

______ Please personalize the ad (NO CHARGE)

______ Use Company Name as listed above

Personalization address______________________________________

_______ Do not personalize

BROCHURE - Reasons to Consider a Lined Concrete Burial Vault

______ Quantity ($25 P E R H U N D R E D, M I N I M U M O F 1 0 0)

______ Yes, personalize ($40 P E R S O N A L I Z AT I O N F E E)

______ Use Company Name as listed above

Personalization address___________________________________

______ Do not personalize

Check is enclosed for $_______

Credit Card: ______ V I S A ______ MasterCard ______ American Express

Card Number: ___________________________ Expiration: __________

Signature: _____________________________________________

Name of Cardholder: ____________________________________

If paying by credit card, fax this order form to: (407) 774-6751.

O r mail along with payment to:National Concrete Burial Vault A s s o c i a t i o n900 Fox Valley Drive, Ste 204 - Longwood, FL 3 2 7 7 9 - 2 5 5 2Phone: (407) 788-1996

National Concrete Burial Vault Association

Graham MacLeod of Detroit Wilbert Va u l tCompany was elected asS e c r e t a r y / Treasurer ofN C B VA in February atthe Annual Conventionin Lake Buena Vi s t a ,Florida.

The election mid-way through the year w a sprecipated by the earlyresignation of RobertHardy who regrettedthat extended businessresponsibilities hadforced him to give up h i sposition on the Board.

To fill MacLeod’sposition as a Director,Steve Vincent, J.PVincent and Son, Inc.Galena, Illinois, wasnominated and electedto serve on the Board.Darren Baxter, ofBaxter Burial Vault Ser-vice in Cincinnati. Ohiowas elected to a three-year term as Director.

MacLeod Elected Officer;New Directors Named

MacLeod

Baxter

Vincent

Benjamin Franklin lies here. So do four othe rsigners of the Declaration of Independence,war heroes, medical pioneers, and thousandsof others from all levels of Colonial andRevolution-era society.

The Christ Church Burial Ground inPhiladelphia, Pennsylvania, secluded be-hind 1772-era red brick walls and mostlyclosed to the public since 1976 due to dete-r ioration and fears of damage, will reopenApril 26.

“ A whole generation hasn’t seen thisburial ground, and it’s magical,” said DonaldU. Smith, executive director of ChristChurch Preservation Tr u s t

Many of the gravestones are so timewornthey appear to be slabs of smooth rock stuckin the ground, some fragments barely peek-ing above a few inches of snow. The oldestbear simple inscriptions — names, ages andthe dates the occupant “departed this life.”

Colonial Graveyard ReopensAfter Quarter of A C e n t u r y

Page 8: Bulletin 2003 February

8 NCBVA BULLETIN February 2003

Since its introduction, the Aegean and the Aegean Elite hasbecome one of the finest burial vaults in the industry. Both Aegean linesconsist of therm o f o rmed faux finished polymers that surround a concre t ec o re to offer the ultimate in strength and long lasting protection. To com -pliment any casket, both the Aegean and the Aegean Elite are availablein traditional cherry, white marble, black marble, natural wood, andgray granite.

For a more refined look, The Aegean Elite Series consist of addi -tional handcrafted metal accents in stainless steel, copper or bronze thatenhance the beauty and strength of the interior as well as the exterior.Outside accents are also available to coordinate with the intricate mold -ings and decorative corner columns.

In 2001, Trigard expanded the Aegean concept to its cremationline of burial vaults. Like all Aegean products from Trigard, thermo-

®

Trigard Vaults 3901 N. Vermilion Danville, Il 61834 Toll Free: 1-800-637-1992 www.trigard.com E-mail: [email protected]

®

Natural Wood

Gray GraniteBlack Marble

The Aegean and Aegean Elite Cremation Burial Vault

The Aegean Elite Series

The Aegean

Traditional Cherry

AEGEAN

formed polymer layers inside and out protect the concrete core andadd stability for the ultimate in protection. The same intricate detailsand decorative corner columns are carried over from the originalAegean line.

When you combine personal service with Tr i g a rd ’s standards ofexcellence, you will discover the Aegean Family of vaults will deliver theq u a l i t y, durability and strength your customers expect and deserv e .

Aegean...when only the finest vault will do.

Page 9: Bulletin 2003 February

February 2003 NCBVA BULLETIN 9

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restrictions on the use of a competing vault.As pointed out many years ago, the ShermanAct prohibits “tying arrangements.” A t y i n garrangement exists when a seller with “economic power” in one market (called the“tying product,” which in this case would bethe cemetery plot) uses that market position to coerce consumers to purchase a secondproduct (the “tied product”—here, the c e m e t e r y ’s own vaults or ones purchased froma competing vault firm). Here, if the cemetery has “economicpower” in a cemetery plot market and imposes restrictions or a cost that is tantamount to a prohibition on the use of a competingvault, it could violate the Sherman Act. Cemeteries have attemptedto use their control over the cemetery plot market to create obstac l e s(although not an outright prohibition) on the use of competitor’svaults. For years, courts have found such practices to be illegal.Several federal court decisions have upheld this conclusion. Mostof you have probably heard of Roseborough Monument Co. v.Memorial Park, 666 F.2d 1130 (1981).

Some cemeteries have attempted to defend such restrictions byclaiming that they lack economic power in the cemetery plot mark e t .There are two ways that courts have found cemeteries to have economic power: (1) The cemetery has a substantial market sharein the local cemetery market; or (2) The cemetery plot is unique. Anumber of courts have held that cemetery plots are, by nature,unique, so that cemeteries virtually always have economic power.(See Ringtown Wilbert Vault Works v. Schuylkill Memorial Park,Inc. 650 F. Supp. 823 [1986]). Other courts have found that theuniqueness of cemeteries, coupled with a 22 percent share of thelocal market is enough to establish market power.

Thus we arrive at the question whether the excessive feesc h a rged by certain cemeteries for installation (setting), as a practic a lmatter can coerce buyers to purchase vaults from the cemeteryrather than from a third party vault supplier. I am sure that many ofour members have been subject to setting fees of several hundreddollars. Courts have held that a tying arrangement may be proveneven when the cemetery does not absolutely condition its willingness to sell the tying product on its purchase of the tiedproduct. The use of an excessive fee, unreasonable restrictions, ora bundled price to coerce the purchaser of the tied product can havethe same effect and be just as illegal.

You all have experienced or know about certain cemeteriesimplementing substantial and unreasonable installation or settingfees. In practically all of such cases, the high fees are very substantial in relation to the cost of the vault, and dramaticallymore than the actual cost of setting the vault. Consequently, the fee could make it economically impractical for purchasers to purchase concrete vaults, and cause purchasers to shift from concrete vaults to lower cost vaults, such as possibly steel or f i b e rglass (plastic) which may or may not be sold by the cemetery.

As to the recent trend of cemeteries attempting to establishextremely high minimum insurance coverage requirements (recently I was involved with a cemetery attempting to require a$10 million policy but after talking personally with the local attorney for the cemetery, such excessive and unreasonable requirement was appropriately reduced) I am of the opinion that

coverage in the millions is dramatically in excess of the insurancecoverage the typical third party vault supplier would carry. As such,such excessive insurance requirements would also seem to have thepurpose and effect of limiting competition in the sale of concreteburial vaults. Part one of this article (November 2002) referred tothe Oregon litigation and the warnings issued by the A m e r i c a nCemetery Association. In that article I indicated that cemeteriescould be prohibited by the courts (as they were in Oregon) fromhaving a regulation which requires third-party liability insurance inexcess of $500,000 or a compliance bond in excess of $25,000.Keep in mind though that the Oregon decision is more than 15years old and reasonable insurance coverage today could berequired at a higher amount.

Thus, in my opinion, excessive and unreasonably high settingfees and insurance coverage requirements could be successfullychallenged in the federal courts under the Sherman Act. Keep inmind that most all of the states have enacted “little” Sherman A c t swhich could be used. In addition, don’t forget that the FTC vigorously protects consumer choice in the death care markets andany limitation on consumers’ability to use the outer burial cont a i n e rof their choice could prompt an investigation or prosecution.

* * *E d i t o r’s Note: In the previous issue of The Bulletin which carriedthe first part of this article, Mr. Calkin’s byline was inadvertantlydropped. The Bulletin regrets the omission and thanks Mr. Calkinsfor his contribution.

Continued from page 1

Scott Calkins

Page 10: Bulletin 2003 February

10 NCBVA BULLETIN February 2003

NCBVA 2003 AnnualConvention

Enjoying TheMagic!

Walt Disney World® Resort

Special thanks to our sponsors, without whose assistance, we wouldnot have been able to present thisoutstanding program:

PLATINUMDoric Products, Inc

Wilbert Funeral Services, Inc.

SILVERAcromix Systems / ERMC

Trigard Vaults

BRONZEAdco Products, Inc.

Crescent Bronze Powder Co., Inc.Eagle Burial Vault Association, Inc.

Our Sponsors

Page 11: Bulletin 2003 February

February 2003 NCBVA BULLETIN 11

Page 12: Bulletin 2003 February

12 NCBVA BULLETIN February 2003

A recent poll of Canadians, who as a ruleare traditional and conservative, indicatesthat most prefer burial over cremation.

Quebecers were the only group ofCanadians who favored cremation over burial, according to a poll of 1,501respondents. In Quebec, 53 percent preferred cremation. Other regional breakdowns were (burial listed first,cremation second): British Columbia, 75-

15; Manitoba and Saskatchewan, 64-19;Alberta, 60-26; the Atlantic provinces, 58-33; and Ontario, 53-29.

Suzanne Scott, executive director of theFuneral Service Association of Canada, s a i dcremation numbers have risen slowly overthe years.

“ A lot of people jump to the conclusionthat it (the cremation climb) is financiallydriven but we do not believe that that’s thereason. “I think it’s more environmentallydriven. Baby boomers are making decisionsthat might not have otherwise been madefor their parents and feel a much strongerenvironmental pull.”

Scott said that while there are lawsagainst spreading cremated remains in public areas in Canada, many people stillrelease the ashes of friends and familymembers at favorite spots such as over alake or on a mountain.

Isomeone were to show you how to operate your vault plant with fewer people and less inventory while still maintaining your existing volume and high standards of q u a l i t y, you would probably jump at the

o p p o r t u n i t y. T h a t ’s exactly what NCBVAconvention attendees learned while participatingin the Self Consolidating Concrete (SCC)demonstration that was featured at the A n n u a lC o n v e n t i o n .

Special arrangements were made to utilizethe parking lot of Wi l b e r t ’s Thermoform Plasticsplant in Auburndale, Florida. Forms and concrete were donated by Hicks Industries andparticipants were treated to an actual vault formpour utilizing self consolidating concrete.Members were shown the difference in usingslump testing and “spread testing,” which needsto be used with this type of concrete.

SCC concrete pours into a vault form like aslurry or concrete with excessive water. T h i sresults in less man hours spent in the pour andvibration. Because the concrete hardens quicker,with higher ultimate strengths, most inventoriescan be reduced to about a 10 day supply.

Also in attendance were representatives fromBoral Materials Te c h n o l o g y, Inc., one of thecompanies which makes the admixture for theconcrete. Members were instructed that a “closer control” needs to be utilized with thistype of concrete. Plants considering make achange should allow adequate time to educatetheir employees on the handling of this uniquec o n c r e t e .

Poll Shows CanadiansPrefer Traditional BurialRather Than Cremation

Demo Shows Off SCC

A technician demonstrates the proper way of measuring concreteslump in the photo at the top. Then,he allows the concrete to spread outacross a board and measures thedistance between widest points.

Page 13: Bulletin 2003 February

February 2003 NCBVA BULLETIN 13

The government’s Director of HomelandSecurity, Tom Ridge, has advised that westash away the duct tape and rolls of plastic.But that doesn’t mean that we should notprepare for disaster or terrorist attacks.

Disaster preparedness is no longer thesole concern of earthquake prone Califor-nians and those who live in the part of thecountry known as “Tornado Alley.” ForAmericans, preparedness must now accountfor man-made disasters as well as naturalones. Knowing what to do during an emer-gency is an important part of being preparedand may make all the difference when sec-onds count.

“ D o n ’t be afraid... Be Ready,” is the ad-vice. Many have formulated emergencyplans for their families but what about yourbusiness?

No business should risk operatingwithout a disaster p l a n

While reports vary, as many as 40 percentof small businesses do not reopen after amajor disaster like a flood, tornado or earth-quake. These shuttered businesses wereunprepared for a disaster; they had no plan or backup systems. When you start todevelop your disaster plan, consider threesubjects: human resources, physicalresources and business continuity. T h i n kabout how a disaster could affect youremployees, customers and workplace.Think about how you could continue doingbusiness if the area around your facility isclosed or streets are impassable. T h i n kabout what you would need to serve yourcustomers even if your facility is closed.

S t a rt building your plan nowHere are some suggestions: ✔ Keep phone lists of your key employeesand customers with you, and provide copiesto key staff members.

Preparing Your Business For the Unthinkable

✔ If you have a voice mail system at your office, designate one remote numberon which you can record messages foremployees. Provide the number to allemployees.

✔ Arrange for programmable call forwarding for your main business line(s).Then, if you can’t get to the office, youcan call in and reprogram the phones toring elsewhere.

✔ If you may not be able to get to youro ffice quickly after an emerg e n c y, leavekeys and alarm code(s) with a trustedemployee or friend who is closer.

✔ Install emergency lights that turn onwhen the power goes out. They are inexpensive and widely available at building supply retailers.

✔ Back up computer data frequentlythroughout the business day. Keep a backup tape off site.

✔ Use UL-listed surge protectors and battery backup systems. They will add protection for sensitive equipment andhelp prevent a computer crash if the power goes out.

✔ Purchase a NOAAWeather Radio witha tone alert feature. Keep it on and whenthe signal sounds, listen for informationabout severe weather and protectiveactions to take.

✔ Stock a minimum supply of the goods,materials and equipment you would needfor business continuity.

✔ Consult with your insurance agentabout precautions to take for disasters thatmay directly impact your business.R e m e m b e r, most policies do not coverearthquake and flood damage. Protectvaluable property and equipment with special riders. Discuss business continuityinsurance with your agent.

✔ Keep emergency supplies handy,including flashlights with extra batteries,First aid kit, To o l s , Food and water foremployees and customers to use during aperiod of unexpected confinement at yourbusiness, such as if a tanker truck over-turned nearby and authorities told everyone in the area to stay put for an extended period.

P rotect Yo u r Employees, Customersand BusinessDesignate one employee from each workshift to be the safety coordinator. This person will make all decisions relating toemployee and customer safety and to thesafety of the business itself. Safety coordinators should know how to contactthe owner or operator at all times. Everyonein your facility should know how to preparefor a disaster and what to do if a disasteroccurs.

Contact your local Red Cross chapter forspecific information about how to stay safein a tornado, earthquake, fire, flood, hurri-cane or other hazard.

The Emergency Management Guide forBusiness & Industry is hosted on FEMA’sWeb site.

Another source of useful information isOpen for Business, a booklet developed bythe Institute for Business and Home Safetyand the Small Business Administration.

Don’t be afraid...

Be Ready

As many as 40 percent ofsmall businesses do not re o p e n

after a major disaster

Page 14: Bulletin 2003 February

14 NCBVA BULLETIN February 2003

Page 15: Bulletin 2003 February

February 2003 NCBVA BULLETIN 15

This sign was prominently displayed in the windowof a business in Philadelphia.

Blasphemy, you say! What kind of business wouldpost such an inflammatory statement? Answer: Afuneral home!

WE WOULD RATHER DO BUSINESS WITH

1000 A L Q A E D AT E R R O R I S T STHAN WITH A

SINGLE A M E R I C A N

Freedom of Speech

March 13-16 CFSA Winter SeminarHarbor Beach Marriott Resort Ft. Lauderdale, FL

March 10-13 ICFA Annual Convention & ExpositionLas Vegas, NV

March 31-April 1 FAMIC Spring Issues SymposiumSheraton Phoenix Airport Hotel,Phoenix, AZ

April 2-6 Order of the Golden Rule Annual ConventionReno Hilton, Reno, NV

April 12-13 Intl. Conference of Funeral Service Examining Boards, Inc.Hyatt Regency Orange County,Garden Grove, CA

August 2-6 NFD&MAAnnual Convention & ExpoSheraton Birmingham Hotel,Birmingham, AL

August 13-16 Cremation Association of North America Convention, Fairmont Hotel, Chicago, IL

September 23-28 Selected Independent Funeral HomesPhoenician Hotel, Scottscale, AZ

October 19-22 NFDAAnnual Convention and ExpoLas Vegas Hilton, Las Vegas, NV

November 10-11 CFSA Fall Conference and Trade ShowAdams Mark Hotel, Indianapolis, IN

Industry Calendar of Events

Page 16: Bulletin 2003 February

16 NCBVA BULLETIN February 2003

For information on NCBVA’s exclusive Plant Inspection and Certification Program, pleasecontact NCBVAHeadquarters at 1-800-538-1423 or use application form on adjacent page. continued . .

.

For information on NCBVA’s exclusive Plant Inspection and Certification Program, pleasecontact NCBVAHeadquarters at 1-800-538-1423 or use application form on adjacent page.

NCBVA proudly recognizes the following companies asCertified Vault Manufacturing Plants ��

Abel Vault & Monument Co.Canton, IL

Abel Vault & Monument Co.Pekin, IL

American Concrete IndustriesBangor, ME

American Vault Co. Cleveland, OH

American Vault & Concrete Pro d .Detroit, MI

American Wi l b e rt Vault Corp.Forest Park, IL

Arnold-Wilbert Corp.Goldsboro, NC

Arrow Vault Co., Inc.Lafayette, IN

Atlas Concrete Products, Inc.Orlando, FL

Automatic WilbertVault Tacoma, WA

Babylon Vault Co.New Windsor, MD

BaumgardnerProducts Co.Akron, OH

BaxterBurial VaultCincinnati, OH

Baxter Vault Co.Baxter Springs, KS

Beck Vault Co.Rome, NY

BeierBurial VaultsColumbus, WI

Brewster Vaults & MonumentsMillville, NJ

Brown-Wilbert, Inc.Fargo, ND

Brown-Wilbert, Inc.Morris, MN

Bruns Norwalk Vault Co.Saint Louis, MO

Brutsche Concrete ProductsBattle Creek, MI

Brutsche Concrete ProductsBenton Harbor, MI

Buckeye Vault ServiceMansfield, OH

Buck Simmons Vault Srvcs. Inc.Roanoke, VA

Bush Concrete Products, Inc.Muskegon, MI

C & M PrecastKerrville, TX

Calumet Wilbert Vault Co. Inc.Gary, IN

Carolina-Doric, Inc.Effingham, SC

Carolina-Doric, Inc.Florence, SC

Central Burial Vaults, Inc.Marlow, OK

Central Burial Vaults, Inc.Oklahoma City, OK

Central Burial Vaults, Inc.Tulsa, OK

Central New York Vault Co.Cortland, NY

CenturyVault Co., Inc.Barnstable, MA

Cheboygan Cement Products Co.Cheboygan, MI

Chesapeake Burial Vault Co.Ingleside, MD

Christy Vault Co., Inc.Colma, CA

Clinton WilbertVaults, Inc.Clinton, IA

Cooper WilbertVault Co.Barrington, NJ

CordeiroVault Co., Inc.Vallejo, CA

Costello VaultsSmith Falls, Ontario, Canada

Creter Vault Corp.Flemington, NJ

Crummitt & Son Vault Corp.Martins Ferry, OH

D.G. Robertson, Inc.Williston, VT

Dardanelle Vault & Monument Dardanelle, AR

DePue WilbertVaultSavannah, GA

Deihl Vault & Precast Co.Orangeville, PA

Detroit WilbertVault Corp.Detroit, MI

Doody Burial Vaults, Inc.Winchendon, MA

Doric Concrete Vaults Inc.Garden City, KS

Doric Concrete Vaults, Inc.Great Bend, KS

Doric Concrete Vaults Inc.Osage City, KS

Doric Huntingburg Vault Co.Huntingburg, IN

Doric of Kansas VaultGray Bros. Iola, KS

Doric of Nashville, Inc.Nashville, TN

Doric of Northeast ArkansasJonesboro, AR

Doric of South TexasElsa, TX

Doric Concrete VaultsLimon, CO

Doric Concrete Vaults, Inc.Newton, KS

Doric Manufacturing Co.Boaz, AL

Doric Mississippi, Inc.Vicksburg, MS

Doric-South, Inc.Demopolis, AL

Doric Vault of Eastern NY, Inc.Hudson, NY

Doric Vault of Western NY, Inc.Depew, NY

Doric Vault Co.Griffin, GA

Doric Vault Co. of S. IllinoisMarion, IL

Eagle Burial Vault Co. of LARuston, LA

Eagle Burial VaultsPerry, GA

Esterly Burial Vault Co.West Reading, PA

Evans Eagle Vaults, Inc.Leola, PA

Everlasting Vault Co.Randallstown, MD

Florida Wilbert, Inc.Jacksonville, FL

Fond Du Lac WilbertVault Fond Du Lac, WI

Forsyth Bros.Fithian, IL

Forsyth Bros. Concrete Prod.Terre Haute, IN

Gettysburg Burial Vault Co.Gettysburg, PA

Grable Vault Co.Logansport, IN

Graffius Burial Vault Co.Sinking Springs, PA

Granite State DoricNewport, NH

Gray Bros., Inc.Kansas City, KS

Hairfield Vault Co.Hickory, NC

Hardy Doric, Inc.Chelmsford, MA

Harn Vault ServiceMassillon, OH

Harris PrecastLaporte, IN

Heilman – Wirtz, Inc.Cedar Hill, TX

Hicks Industries, Inc.Alachua, FL

Hicks Industries, Inc.Miami, FL

Hicks Industries, Inc.Mulberry, FL

Hydraulic Dolly, Inc.Altoona, PA

J.P. Vincent & Son, Inc.Galena, IL

Jacson, Inc.Henderson, TX

Jefferson Concrete Corp.Watertown, NY

Josten WilbertVault Co.Sioux Falls, SD

Lakeshore Burial Vault Co.Brookfield, WI

Lavaca Vault Co.Lavaca, AK

Louisell-Davis Vault ServiceChattanooga, TN

Ludlow Burial Vault Co.Ludlow, MA

Lycoming Burial Vault Co. Inc.Montoursville, PA

Marion Vault WorksMarion, IN

Markham Burial Vault ServicesRichmond, VA

Markham-Carter Vault ServiceSmithfield, VA

Master Grave ServiceAthens, GA

Memphis Burial Vault Co.Memphis, TN

Mercer Vault CompanyFredericksburg, VA

Milan Burial Vault, Inc.Milan, MI

Milwaukee WilbertVault Co.Milwaukee, WI

Minnick Services Corp.Fort Wayne, IN

MooreWilbertVault Co.Evans, GA

NeherBurial Vault Co.Springfield, OH

Nor-Don Vault Co. Inc.Strafford, MO

North Central Mich. Vault Srvc.Cadillac, MI

Norwalk Vault Co.Johnstown, PA

Odon Vault Company, Inc.Odon, IN

Omaha WilbertVault, Inc.Omaha, NE

Ostwalt Vault Co.Concord, NC

Palm Vault Co.Ada, OK

Panhandle VaultsWellington, TX

Peoria Vault Co.Peoria, IL

Pennyslvania Concrete Vault Co.Greensburg, PA

Perfection VaultWoodson, IL

Phenix VaultPhenix City, AL

Pioneer Vault, Inc.Doylestown, PA

Pope Concrete ProductsWaycross, GA

PoplarBluff Doric Vaults, Inc.Poplar Bluff, MO

Precast Concrete Products, Inc.Blissfield, MI

Precision Precast Inc.Pittsfield, MA

Quality Burial Vault Co.Houston, TX

Rex Vault ServiceNewton, IL

Rocky Mountain Monument/VaultSandy, UT

R o l a n d - Wi l b e rt Vault Co.Marion, IA

Roosburg Va u l tP r i m g h a r, IA

Saginaw Wi l b e rt Vault Corp.S a g i n a w, MI

Sam Green Vault Co.Ly n c h b u rg, VA

Saline Vault Co.Sweet Springs, MO

Santeiu Vaults Inc.Livonia, MI

continued . . .

Page 17: Bulletin 2003 February

February 2003 NCBVA BULLETIN 17

National Concrete Burial Vault Association, Inc.Member Application for Plant Inspection

Name of Plant ___________________________________________

Plant Mailing Address_____________________________________

Plant Street Address_______________________________________

Plant Telephone__________________________________________

Fax Phone Number_______________________________________

Owner’s Name___________________________________________

Evening Telephone________________________________________

Plant Manager/Contact Person_______________________________

Evening Phone___________________________________________

Types of Outer Burial Receptacles Produced❐ Top Seals ❐ Air Domes ❐ SectionalsOther________________________________________________

Please return this application with full payment to:

The National Concrete Burial Vault Association, Inc.900 Fox Valley Drive, Suite #204Longwood, FL 32779-2552(800) 538-1423Fax (407) 774-6751

As an NCBVA member in good standing, the total of yourPlant Certification Inspection will be $995 (Recertification, $495).Full payment should be enclosed with your application.

Shenandoah Valley Vaults, Inc.Dayton, VA

S h o re Vault & Precast Co.Exmore, VA

Simerly Concrete Products, Inc.Bristol, TN

Simerly Vaults, Inc.Knoxville, TN

Southern Ohio Vault Co.Portsmouth, OH

Southern Vault ServiceBlakely, GA

Spoerr Precast ConcreteSandusky, OH

Sunnycrest, Inc.Auburn, NY

SuhorIndustriesCedar Hill, TX

SuperiorBurial Vaults, Inc.Salt Lake City, UT

Superior Vault Co.Bryantown, MD

Superior Vault Co. Charlestown, IN

Superior Vault Co. DBAIndividual Mausoleum Co.

Lawrenceburg, INSuperior Vault Company LTD

Mississauga, Ontario, CanadaSwan’s Concrete Products

Westbrook, METennessee Vault & Grave, Inc.

Dechard, TN Tucker Vault Co.

Farmington, MOTurner Vault Company

Toledo, OHVanden Boomen Burial Vaults Inc.

Appleton, WIVanden Boomen Burial Vaults Inc.

Wausau, WIVault Service

Griffin, GAWashington WilbertVault Works Inc.

Laurel, MDWarga Concrete Products Inc.

Fort Wayne, INWatts Vault & Monument Co.

Montezuma, IAWayne Burial Vault Co., Inc.Indianapolis, IN

Welte Vault Co.Danbury, IA

West Plains Vault & Mfg. Co.Pomona, MO

Wicomico Vault Co., Inc.Salisbury, MD

WieserPrecastStewartville, MN

Wilbert Burial Vault Co.Atlanta, GA

Wilbert Burial Vault (The James Co.)Waycross, GA

WilbertVault of Houston, Inc.Houston, TX

Williams Vault CompanyEmporia, VA

WillmarPrecast Co.Willmar, MN

ZeiserEilbertVault Co.Elmira, NY

Page 18: Bulletin 2003 February

18 NCBVA BULLETIN February 2003

CODE OF ETHICS

National Concrete Burial Vault Association“Serving the death care industry with the very best”

APPLICATION FOR MEMBERSHIP

Key Contact____________________________________Nickname_______________

Title _________________________________________________________________

Company Name ________________________________________________________

Street Address __________________________________________________________

City _____________________ State _________________ Zip ___________________

Phone ___________________________ Fax _________________________________

E-mail _______________________________________________________________

Company Web Site _____________________________________________________

❐ Check here if you prefer to have your mail sent to your home.Home street Address _________________________________________City _____________________ State ______________ Zip ___________Home Phone _________________ Home Fax ______________________

COMPANY INFORMATION❐ Burial Vault Manufacturer ❐ Funeral Director

❐ Crematory ❐ Cemetery

❐ Doric ❐ Wilbert ❐ Eagle ❐ Trigard

❐ Con-O-lite ❐ Other ❐ Provide Graveside services

❐ Metal Vaults ❐ Plastic Vaults ❐ Fiberglass Vaults

Offer sizes for ❐ Children ❐ Adults ❐ Oversize

❐ Associate Member: Tell us in 25 words of less about your product/services

❐ Please enroll me in NCBVA today!Signature indicates that you have read and agree to abide by NCBVA’s Code of Ethicsand the rules which govern the National Concrete Burial Vault Association. Signa-ture is required before this application can be processed.

_________________________________________ ___________(Signature) (Date)

Dues Schedule

❐ Manufacturer MemberDues are based on total units sold forall locations of the company.

Please check appropriate level:❐ 1-999 Units ........$170

❐ 1000 - 1999 ........$260

❐ 2000 - 3499 ........$350

❐ 3500 - 4999 ........$435

❐ 5000 and more ....$525

❐ Associate Member ....$150

❐ Franchise Group........$600

Payment InformationInclude payment with this completedform. We accept Visa, MasterCard andAmerican Express

❐ Check is enclosed

Please charge my❐ Visa ❐ MasterCard ❐ Amex

Account #_____________________Expiration date _________________

Mailing Information

NCBVA900 Fox Valley Drive Suite 204

Longwood, FL 32779-2552(800) 538-1423

Fax: (407) 774-6751

www.ncbva.org

We believe that concrete is an ideal material for the construction of burial vaults for the interment of human remains and that aproperly constructed concrete burial vault is worthy of acceptance by the public. Our sales and advertising policies will begoverned by standards acceptable by the public and the funeral profession and by principles advocated by the National Concrete

Burial Vault Association, Inc. We pledge fair trade practices to our competitor whose product we will not disparage. We shall conduct our business on sound business principles, striving to build a relationship of respect and confidence for the burial vaultindustry with the public, with the funeral director and with the cemeteries management. We will abide by the rules and regula-tions of the National Concrete Burial Vault Association, Inc., thereby contributing to a stronger and greater national industry.

Page 19: Bulletin 2003 February

February 2003 NCBVA BULLETIN 19

Page 20: Bulletin 2003 February

900 Fox Valley Drive, Suite 204, Longwood, FL 32779-2552

National Concrete Burial Vault Association, Inc.

FIRST CLASSAddress Correction Requested

Industry news and notesL o renc Joins DoricChristopher R. Lorenc, a 20-year funeral ser-vice veteran, has been named Senior Vi c ePresident of Operationsfor Doric Products, Inc.

Most recently, as aconsultant, Lorenc hasbeen assisting Doric ona variety of projects,including the relocationof Classic Metal Va u l tCompany of London,K Y into a new modernfacility in Corbin, KY.

Lorenc previously spent many years atWilbert Funeral Services where he held a variety of increasingly important roles in-c l u ding Director of Research, Vice Presidentof Operations and Executive Vice President.

S u m m i t ’s Aim is United Vo i c eIn an effort to take the unified voice of funeral service to Capitol Hill, the NationalFuneral Directors Association (NFDA) willhold its annual Advocacy Summit at theMayflower Hotel in Washington D.C.,

March 24-26, 2003. The theme for this y e a r’s event is Forward Together: OneProfession, One Destiny.

“ We have reached a new era in funeralservice and we must continue to work together to meet the challenges in both themarketplace and legislation,” said NFDAChief Executive Officer Christine Pepper.The goal of the Advocacy Summit is to show the newly elected 108th Congress thatall involved in the death care industry canwork together as a profession on commonissues of concern and to move into the f u t u r e .

“Significant legislative issues such as the proposed Dodd bill to regulate the funeral service industry, permanent repeal of the Federal Estate Tax, legislation to enact association health plans to help ourmembers control skyrocketing health insurance costs are currently of major concern to our profession,” said Pepper. “Asa whole we have a greater opportunity to positively influence legislators.”

N F D A has invited several notable guests and speakers to the event including

Senator Christopher S. “Kit” Bond (R-MO),The Honorable Tom Sullivan, ChiefCounsel for A d v o c a c y, Small BusinessAdministration, Senator Christopher Dodd(D-CT) and Representative Mark Foley (R-F L ) .

Trigard Introduces A p p l i q u e sThe Aegean and Aegean Elite Series Va u l t shave a new option available through Tr i g a r dcalled Appliques. These four color graphics of one scene can be applied to the front and/or side panels of the vault. A d d i t i o n a l l y, fu-neral directors can offer inserts that are placed in the cap panel of the casket where the same graphic can be utilized.

We invite you to submit articlesabout your company or new

products or services. Mail pressreleases to editor, Jan Monahan at

the address listed on page 2 oremail:

[email protected]


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