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HomeMy WebLinkAboutOPD-005-19Clarington Operations Department Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: April 15, 2019 Report Number: OPD -005-19 Resolution: GG -213-19 File Number: By-law Number: Report Subject: Orono Cemetery Board Recommendations: 1. That Report OPD -005-19 be received; 2. A) That the Municipality dissolve the Orono Cemetery Board and assume all responsibility related to the Orono Cemetery Board located at 5875 Main Street, Orono, Ontario LOB 1 MO; and B) That Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendation; or 2. That the Orono Cemetery Board continue to assume all responsibility relating to the operation and maintenance of the Orono Cemetery Company and that the trust funds remain to be held by the Municipality of Clarington; and 3. That the Ministry of Consumer Services and Orono Cemetery Board be advised of Council's decision. Municipality of Clarington OPD -005-19 Report Overview Paae 2 The Municipality has received written notification following the Orono Cemetery Board meeting on October 3, 2018 that they request the transfer of the operation and maintenance of the Orono Cemetery Company to the Municipality. 1. Background 1.1 The Orono Cemetery has been active since 1879 when a number of leading citizens of Orono and vicinity met to consider the question of organizing a suitable cemetery or burial of the dead of the community. 1.2 A field covering 4.2 hectares was purchased initially and then an additional .6 hectares was added in 1928. 1.3 In 1952, Dr. R. S. Lang of Chicago, a former resident of the community, erected and equipped a very beautiful chapel in the Cemetery as a monument to his family. 1.4 A Board comprising of burial right holders has been in place since 1920. The Board has served the cemetery quite well until recently when the Board met and passed a resolution dated October 15, 2018 that due to increasing costs and lack of volunteers and increasing responsibilities under provincial legislation, the operation and maintenance of the cemetery be transferred to the Municipality. 1.5 The Orono Cemetery is registered as an independent operation under the Funeral, Burial and Cremation Services Act. 1.6 On December 17th, 2018, Council requested staff to advertise for interested parties to serve on the Orono Cemetery Board. 1.7 Four community residents submitted their letters of interest with another resident also indicating that she would be interested in sitting on the Board. None of the residents are burial right holder's owners which under their current rules does not allow them to be part of the Board of Trustees. 2. Bereavement Authority Ontario 2.1 The Bereavement Authority of Ontario administers provisions of the Funeral, Burial and Cremation Services Act, which is consumer protection legislation respecting funerals, burials, cremations and related services with the province of Ontario. Municipality of Clarington OPD -005-19 Paae 3 2.2 The responsibilities under Funeral, Burial and Cremation Services Act include but not limited to schedule contracted maintenance of the cemetery grounds; contracted obligations in compliance with the Act; and detailed record keeping. 3. Orono Cemetery 3.1 Staff from Clerks, Finance, Legal and Operations have met with representatives of the Cemetery Board and have reviewed all related documentation in the event the Municipality assumes responsibility for the operation of the cemetery. 3.2 Finance has been the caretaker for the Cemetery Trust Funds since 2005. 3.3 If Council approves the transfer of cemetery maintenance and administrations, staff will add Orono Cemetery into our Cemetery Bylaw including rates and fees at a later meeting before summer recess, and notify the respective parties including lot owners. It is worth noting that the current fees and rates as set out by the Orono Cemetery Board are very similar to the current fees and rates for the Municipal active cemeteries and therefore there should be very little impact. 3.4 Staff will enter into an appropriate arrangement with the existing maintenance contract worker(s) to continue until the end of 2019 and ongoing costs for maintenance and operation will be included in the 2020 budget. 3.5 If Council wishes not to accept the responsibility of maintenance and operation at this time, staff will reach out to the community again and either revise current rules to allow interested community members other than burial right holders to sit on the Board or continue to seek out burial rights holders. 3.6 Annual operating costs of the cemetery is estimated at $64,555 with revenues of $57,300 including the municipal grant of $10,200. 3.7 Regardless of which direction Council selects, Operations and Clerks will continue to review and provide information in order that the Orono Cemetery is in compliance with Provincial legislation. 4. Concurrence This report has been reviewed by the Clerk, Director of Finance and Solicitor who concur with the recommendations. Municipality of Clarington OPD -005-19 Page 4 5. Conclusion Once direction is provided, staff will notify all the parties and take appropriate action to not inconvenience any burial, cremation or cemetery services offered in the interim. Submitted by: Frederick J. Horvath Director of Operations Reviewed by: Z4�V-Z�/ Andrew C. Allison, B. Comma, LLB CAO Staff Contact: Fred Horvath, Director of Operations 905-623-3379 Ext. 2902 Attachment 1: Orono Cemetery Letter dated October 15, 2018 Municipality of Clarington ORONO CEMETERY COMPANY BOX 627 ORONO, ONTARIO LOB1MO DATE: October 151, 2018 SUBJECT: Orono Cemetery Company TO: Mayor of Clarington and Council Members Attachment 1 to OPD -005-19 Due to increasing maintenance costs, lack of volunteers and the increasing responsibility under the provincial legislation, the Board at their meeting of October 3rd, 2018 is requesting the transfer of the operation and maintenance of the Cemetery to the Municipality. We would be pleased to meet with staff to review and discuss at your convenience. Yours truly r Viola Vanderveen & Betty Lycett Secretary -Treasurer