It is bordered on all sides by field stone walls and entered through period wrought iron gates. South Cemetery Association
of
West Woodstock, CT, Incorporated
Barlow Cemetery
By-laws
Adopted April, 1990 with Amendments since added
Revisions 8/12/2019
Name
The name of this corporation is the “South Cemetery Association of West Woodstock, Connecticut, Incorporated”. Object
The reason for formi
ng this corporation (hereafter referred to as the Association) is to have a permanent organization to care for and improve the tract of land in the Western part of the Town of Woodstock, Connecticut that has been used as a burial ground known as the Barlow Cemetery. Article 1: Officers
The Officers shall consist of a President, Vice-President, Treasurer, Secretary, Sexton, two Auditors, and three Trustees. All said Officers shall constitute a Board of Directors and shall be elected annually at a meeting duly notified for that purpose. A member of the Board of Directors may likewise be an Officer. Article 2: Duties of Officers and Members
The President shall preside at all meetings of the Association or Board of Directors. The Secretary shall keep a true record of the Association and Board of Directors and issue the call for all Annual and Special Meetings. The Treasurer shall receive all funds of the Association and shall pay out same upon the vote of the Directors and an order therefore signed by the Secretary. The Sexton shall have charge of the grounds under the direction of the Board of Directors. All the Association Members shall help the President with all the grounds and other property of the Association. Article 3: Duties of the Board of Directors
The Board of Directors shall have general charge of all grounds and other property of the Association. The Board of Directors shall establish the price of lots. The proceeds of all sales as aforesaid and any sums received from any other sources for the partial or perpetual care of lots within said grounds shall be invested by the Treasurer or expended under the direction of the Board of Directors. Article 4: Election of Officers
The Officers elected at any Annual Meeting shall hold office until their successors are elected and qualified. Vacancies in office may be filled by vote of the Board of Directors until the next annual meeting. Article 5: Treasurer’s Duties
The treasurer shall receive all money of the Association and deposit it in a bank to be selected by the Trustees, in an account in the name of the Association; and pay all bills by check so the Auditors may have vouchers for all payments for their examination and approval which shall be certified by them; he/she shall render his/her accounts at each annual meeting and give bond to the Association in such sum as the Association may direct by vote for the faithful performance of his/her duties. He/She shall also receive all money, contributions or bequests given in Endowment Care Fund (see Article 8) and be the Trustee of such funds; shall invest them in some savings institution selected by the Board of Trustees; shall annually apply the income from said funds for the care of the burial lot or lots in accordance with the direction of the donor or donors; shall comply as to bonds, etc., with the statute laws of Connecticut made and provided with regard to perpetual trusts (see Article 8) and shall have a general oversight and care with the Board of Trustees to see that the income from such perpetual trusts (see Article 8) is reasonably and properly expended in accordance with the expressed wish of the donor. He/She shall keep in a separate book, kept by him/her for that purpose, accurate accounts of all monies so received by him/her in trust, where and how invested (see Article 8), the same to be given to the Auditors for approval and certification and make reports of same as a special part of the Treasurer’s report at the annual meeting of the Association. Article 6: Sexton’s Duties
No grave shall be opened in the Cemetery for interment or removal without the direction of the Board of Directors or the Sexton. No grass stone, headstone, monument or other grave markers shall be installed without arrangement and approval of the President or Sexton. The sexton shall be responsible for the maintenance of an accurate map showing the names of individuals interred in the individual lots. Article 7: Members
Any person having any interest in a lot in the grounds of the Association or any person who may hereafter purchase a lot in said grounds, or their spouses, or their heirs (provided they are a blood relative) are considered members of the Association. Article 8: Endowment Care Fund
The Barlow Cemetery Care Endowment exists to ensure that South Cemetery Association income will always be available for the continued maintenance and upkeep of Barlow Cemetery even when all the interment spaces are sold. Care Endowment Principal
The South Cemetery Association Board of Trustees (herein referred to as the “Cemetery Authority”) should NOT be permitted to withdraw the principal of the Care Endowment fund, but receives the income earned by the principal to offset maintenance expenses. Care Endowment Fund Components
The Barlow Cemetery Care Endowment fund has two components:
1. General Care Fund
2. Special Care Fund
General Care Fund
The income from the general care portion of the Care Endowment Fund is used to maintain the entire cemetery based on priorities set by the Cemetery Authority. Special Care Fund
A special care fund is supplemental to or in excess of the Care Endowment Fund, and used in accordance with the specific directions of any donor of funds for such purposes. Example: Maintenance of Memorials,
Determining an Adequate Level of Maintenance
Determining an "adequate" level of maintenance for Barlow Cemetery is subjective. Because each cemetery is unique and has maintenance needs which vary over time, it is impractical to set general standards for maintenance. There are and will be many variables that can contribute to the changing maintenance needs of Barlow Cemetery, so Barlow’s Cemetery Authority should have flexibility in setting priorities for expenditures. Care Endowment Policy
The Care Endowment Policy covers the investment philosophy, goals, and strategy for the way in which the Care Endowment funds are managed and invested. Care Endowment Management
South Cemetery Association –(Barlow)- Board of Trustees
“Cemetery Authority”
Determines the level of care needed to maintain the cemetery. Determines the priorities for spending income from the South Cemetery Care Endowment Fund
Care Endowment Duties
Meets at a minimum Quarterly during the Fiscal Year (more often if warranted, e.g., market volatility), to discuss performance and possible adjustments of investments.
Are members of The Board of Trustees
Serve during alternating Terms of Office Manage the Care Endowment Fund under the “Prudent Investor Rule” as defined under the “Uniform Prudent Investment Act”. Article 8: Endowment Care Fund (continued)
Care Endowment Management (continued)
GENERAL CARE FUNDS SPECIAL CARE FUNDS
Used to maintain the entire cemetery based on priorities set by the Cemetery Authority. Used in accordance with the specific directions of any donor of funds for such purposes.
Individual / Portfolio Investments Individual / Portfolio Investments
Board of Directors By-Laws
The Board of Directors duties and responsibilities concerning the Care Endowment fund are contained in the By-laws developed by the Board of Directors and subsequently approved by the South Cemetery Association –Barlow- Board of Trustees. Initial Board of Directors Personnel
The Care Endowment Board of Directors shall initially consist of the following personnel:
Elaine Lachapelle [email protected] 860-974-1060
Lucille Rucki [email protected]
860-974-2289
Walter Rucki [email protected]
860-974-2289
Robert Zdankiewicz [email protected]
860-315-5313
Donald Froehlich [email protected]
860-974-1954
Peter Ellsworth [email protected] 860-974-0012
Investment of Assets
The investment strategy of the Care Endowment Fund is developed by a Certified Investment Advisor/Manager, in concert with the Cemetery Authority, and governed by the "Prudent Investor Rule," as defined under the "Uniform Prudent Investor Act," which was developed by the National Conference of Commissioners on Uniform State Laws. Prudent Investment Rule
A set of general standards for fund managers to:
1. Allow them [i.e. the Care Endowment Fund Board of Directors] flexibility in choosing individual and portfolio investments,
2. Specify that their work is to be judged on the basis of the performance of all their investments, and
3. Allow them to delegate investment decisions. PRUDENT INVESTMENT DEFINITION: The Act of investing the assets of another entity or persons if they were one’s own. Article 8: Endowment Care Fund (continued)
Care Endowment Principles
The following principles are suggested guidelines for the development of the Barlow Cemetery Association Care Endowment and its Bi-laws:
1. INCOME from the Care Endowment fund may be used for any administration and upkeep of the cemetery including, but not limited to, maintenance, repair, and replacement of such things as abandoned memorials, stone walls, and related overhead. It is the responsibility of the Cemetery Authority to determine the priorities for spending income from the Barlow Cemetery Care Endowment Fund.
2. Although the Cemetery Authority may subsidize the cost of maintaining the cemetery from current income, it shall have no obligation to provide more care and maintenance than may be provided by the income from the Barlow Cemetery Care Endowment Fund.
3. The Cemetery Authority should determine the proper level of funding for the Care Endowment Fund to produce the income necessary for providing an adequate level of maintenance for Barlow Cemetery. Special care contributions should be fully funded at the amount received for that purpose.
4. Only the income of the Care Endowment Fund can be paid toward the care of the cemetery. Income such as dividends, and interest, as well as a portion of the capital gains, may be invested, reinvested or distributed after the deduction of expenses. All costs incurred with respect to the operation of the Care Endowment Fund are to be paid from the Care Endowment Fund including, but not limited to, Board of Director expenses (e.g. liability insurance), investment/management advisory fees, administration, accounting, audit, regulatory fees, and surety bonds.
5. The Care Endowment Board of Directors may set aside a portion of the capital gains as a reserve for investment losses and a reserve for future maintenance, repair, or restoration of the cemetery or embellishments in the cemetery. The reserve for maintenance should not exceed a specified percentage of the total Care Endowment Fund determined by the Cemetery Authority. The cemetery may withdraw funds from the maintenance reserve as needed for the care of the cemetery.
6. The Cemetery Authority, or person designated by the Cemetery Authority, should be responsible for the performance of care and maintenance of the cemetery it owns and for services relating to the opening and closing of any interment space located in the cemetery.
7. Care Endowment funds are subject to an annual filing requirement at the Annual Meeting of the Cemetery Authority. The Endowment Board of Directors should report to the Cemetery Authority amounts collected during the year, investments, income and expenses, and amounts paid to the Cemetery Authority for endowment care.
8. Verification of the activities of the Care Endowment Fund shall be performed through periodic examination by the Cemetery Authority or the Cemetery Authority could request or provide for an independent auditor's opinion. Article 8: Care Endowment Fund (continued)
9. The Cemetery Authority shall determine the priorities for spending income from the Barlow Cemetery Care Endowment Fund.
10. The "Prudent Investor Rule" shall be adopted to govern how Care Endowment funds should be managed, invested or reinvested.
11. The Care Endowment Board of Directors shall have the authority to commingle Individual / Portfolio Investments accounts and maintain separate records of corresponding allocations and divisions of assets, liabilities, income, and expenses.
12. The Care Endowment Fund shall not be invested in assets that are owned by the Cemetery Authority, nor in assets that are owned, directly or indirectly, by any directors, officers, employees, or relatives having beneficial interest in the Cemetery Authority. Article 9: Decorations
All fencing, curbing, railings, and the planting of bushes, shrubs, or perennials are prohibited. Wire forms, baskets, etc. filled with flowers and used for decorative purposes will be removed when such flowers are wilted to avoid injury to the grass. Persons bringing such decorations and wishing the forms returned must remove same as soon as flowers are wilted. No trees of any kind can be planted next to gravestones. No glass containers can be placed in the cemetery. Artificial decorations are prohibited in the cemetery from April 1 through October 31,
Article 10: Placement of Markers, etc. All corner boundary stones will be placed level with the ground, and the lowering of all such stones not so placed is to be encouraged. Granite is recommended as the best and most durable of material for grave markers and monuments. Limestone, sandstone, or soapstone will not be allowed. All installation and placement of stones or monuments must be approved and arranged for by the President or Sexton. Article 11: Automobiles in the Cemetery
Driving in the cemetery grounds is prohibited without express consent and direction of the Sexton, and on the day of a funeral, and for purposes of attending the funeral. Drivers enter the cemetery grounds at their own risk and are responsible for any damage to their vehicles and, but not limited to, cemetery markers, headstones, walls, gates and any other property within in the cemetery. Article 12: Transfer of Lots
No lot owner can sell or transfer ownership of lots or parts thereof or persons acquiring by descent but will return to the Association by the present owner and be paid the purchase price or pro-rate portion of purchase price, after the Association has succeeded in reselling said lot or portion of said lot. Article 8: Care Endowment Fund (continued)
Article 13: Semi-Annual Meeting (amended in 2002)
The Semi-Annual Meetings of this Association shall be held in the months of June and October each year, date set by the Board of Directors and duly advertised in local papers. Special meetings may be called by vote of the Board of Directors or upon written request of five (5) members of the Association. Article 14: Quorum
A majority of the Board of Directors shall constitute a QUORUM. Article 15: Loss or Damage (amended in 2002)
The Association exercises reasonable precautions to protect right and property of Association members from loss or damage. The Association cannot accept responsibility for loss or damage to property, {headstones/monuments to include base and footings} due to circumstances beyond its control, such as, but not limited to, normal deterioration, acts of God, vandalism, theft, random acts of violence, or accidents. Article 16: Ownership Rights
Ownership rights to burial lots or to burial spaces within a lot are limited to the right to sell, bequeath, or assign rights to the lot or space (in accordance with Article 11), to inter human remains in the lot or space, and to erect a monument complying with the general guidelines of the Association on that lot or space. Article 17: Multiple Interments
Multiple interments in a single burial space are permitted only in the following instance: three cremated remains, one full vaulted burial and 2 cremated remains. Multiple interments of cremated remains need not be simultaneous, however, one monument, at most, per individually numbered plot, or flush stones for each cremated remains is permitted. Article 18: Amendments
The Board of Trustees may amend, modify, add to, or delete from these rules and regulations at any time and without notice. Such changes will be effective until the next meeting of members of the Association, at which time the continuation of the changes will be subject to approval by the members. If no action is taken by the members the changes will be considered approved. Article 19: Dissolvent Procedures (see below)
Upon the dissolvent of this Association, all properties and funds remaining are to be taken over by the Town of Woodstock in accordance with CT Statute.
