Association By-laws as of June 30, 2020
The Nanticoke Valley Cemetery Association is a public, 501(c) 13 non-profit, non denominational cemetery corporation incorporated in 1908. The cemetery's NYS ID is #04-021 and operates under the rules and regulations of the New York Department of State Division of Cemeteries. The cemetery has a physical footprint of 4.80 acres, with approximately 1200 existing grave sites with capacity for future lot sales/burials.
Article 1: Association
1.1 The Association is comprised of lot holders (aka: deed holders), each of which has a single vote which may be cast on Association matters that arise at the Annual Meeting held in May of each year and any other special meeting. All lot owners are encouraged to take an active interest in the Cemetery Association.1.2 The Association is governed and represented by a duly elected Board of Trustees.
1.3 The Annual Meeting of the Association shall be held in May of each year. It is to be presided over by the President of the Board of Trustees. The purpose of this meeting is to elect members of the Board of Trustees and to discuss, as warranted, matters pertinent to the Association. All officers and trustees are to be lot owners or members of lot owner's families.
Article 2: Officers
2.1 The Board of Trustees shall be directed by an executive committee comprised of four Officers: President, Vice President, Treasurer and Secretary. Candidates for these offices shall be elected annually and may be nominated by motion by any Association member or Trustee, and elected by majority vote of the Board.2.2 The President shall;
- Oversee the legal & financial details of the association
- Keep accurate records of the lot owners / names, dates, ages of those buried
- Oversee the specific location of all grave sites and the overall layout of the cemetery
- Sell and record lot sales
- Work with and oversee the Superintendent
- Oversee the general maintenance, mowing, basic repairs, etc.
- Organize volunteer projects
- Preside over all business meetings
- Contract the opening/closing of graves
- Be co-owner of all bank accounts with the Treasurer
- Receive and signoff the interment payment & receipt
2.3 The Vice President shall;
- Assist the President with duties when needed
- Available to take over as President if necessary
2.4 The Treasurer shall;
- Prepare and maintain accurate financial reports for the cemetery.
- Submit printed financial report to the Board at the annual meeting
- Prepare and submit yearly financial report to submit to the NYS Division of Cemeteries
- Have check writing authority to make payments to various vendors for Cemetery services, ex. mowing, grave digging, maintenance, etc.
- Make deposits at the bank for all monies received by the Cemetery
- Also perform any other financial duties assigned by the President or the Board.
2.5 The Secretary shall;
- Record and read minutes of all meetings of the Association and the Board of Trustees.
- Provide written/electronic copies of meeting minutes upon request to Board members.
- Notify NYS Division of Cemeteries in writing of any changes in the cost structure of the Cemetery
- File any required legal notices
- Send out notifications out for the upcoming annual meeting to various members
2.6 The Cemetery Superintendent shall;
- Be an at-will position reporting to the Board
- Oversee the day-to-day operations of the cemetery - Along with the President
- Marking location of grave sites
- Supervise the opening and closing of burials
- Meet and direct funeral procession within the Cemetery (not to or from the road)
- Prepare and place headstone bases when necessary
- Manually dig and fill cremation burials
- Oversee the maintenance of the cemetery, its facilities, and its equipment
- Management of lot sales, interments, and monument installs, foundations;
- Burial recordkeeping, deed issuances, maps, plot research, funeral director relations and filings.
- Supervision of contractors and suppliers;
- Other tasks assigned by the Board President.
- Submit a yearly activity report to the Board at its regular meetings.
- Communicate any immediate needs or problems to the Board President or other available officer
2.7 The Assistant Cemetery Superintendent shall;
- Assist the Cemetery Superintendent in his absence, as requested, and as time allows
- Duties would include:
- Opening/Closing cremate plots
- Marking headstone/grave positions
- Attending burial funerals for parking, etc.
- Straightening headstones
- Raking/seeding graves
- And other tasks as assigned by the Board President (or Vice President in his absence).
- Communicate any immediate needs or problems to the Board President/Cemetery Superintendent or other available officer
Article 3: Board of Trustees
3.1 The Board of Trustees shall consist of minimum of six members, who shall be duly elected by a majority vote at the Annual Meeting. Two Trustees are elected each year and serve a three year term.3.2 The Board of Trustees is responsible for oversight of the Cemetery's:
- Operation (maintenance, facilities, etc.)
- Finances (sales, pricing, mandated reporting, etc.)
- Regulatory compliance
- Strategies, policies, procedures
3.3 The actions of the Board shall conform to guidelines and regulations set forth by the New York State Division of Cemeteries and shall be subject to review by the membership at the Annual Meeting.
3.4 The Trustees may, at their discretion, create committees to address or oversee specific functions or initiatives to the benefit of the operation of the cemetery. These committees shall be approved by majority vote of the board and shall be chaired by an active Trustee.
3.5 A Trustee who misses 2 consecutive Annual Meetings may be dismissed by a majority vote of the Trustees. Trustees wishing to resign can do so verbally or in writing.