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HomeMy WebLinkAboutOPD-003-20Clarington Staff 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: June 22, 2020 Report Number: OPD-003-20 Submitted By: Reviewed By: File Number: Stephen Brake, Acting Director of Operations Andrew C. Allison, CAO Report Subject: Cemetery By-law Updates Recommendations: 1. That Report OPD-003-20 be received; Resolution#: GG-213-20 By-law Number: 2020-044 2. That the Orono Cemetery be included in the Municipality's Cemetery By-law 2012- 061; 3. That the service costs for the Orono Cemetery be harmonized with the Municipality's other active cemeteries subject to the 2020 Rates and Fees schedule; 4. That an additional charge of $300.00 plus HST, be introduced for customer requests for replacement cremation niche plaques; 5. That the language in Section 2.6 of Cemetery By-law 2012-061 be revised to allow interments on a Statutory Holiday in accordance with the extra charge as currently outlined in the 2020 Rates and Fees schedule; 6. That Section 4.0 of Cemetery By-law 2012-061 be amended to include a limit on the sale of Interment Rights to a maximum of 12 lots/graves to each individual; 7. That Attachment 1 to Report OPD-003-20, being an amending by-law to By-law 2012-061, addressing each of the above recommendations for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington, be approved; and 8. That all local funeral homes be advised of Council's decision. Municipality of Clarington Report OPD-003-20 Report Overview Page 2 On June 10, 2019, arising out of Report OPD-006-19, Council approved the Municipality's assumption of the Orono Cemetery from the Orono Cemetery Board. An application was subsequently submitted to the Bereavement Authority of Ontario, BAO, seeking support for the transfer. This report requests Council's approval to include the Orono Cemetery in the Municipality's Cemetery By-law 2012-061, to harmonize the Orono Cemetery in the associated 2020 cemetery rates and fees schedule and to address two operational and housekeeping changes as outlined below. 1. Background 1.1. The Orono Cemetery has been active since 1879. 1.2. As a result of the Orono Cemetery Board being dissolved in June, 2019, the Municipality of Clarington officially assumed responsibility for the administration, operation and on- going maintenance of the grounds. 1.3. The former Orono Cemetery Board operated under its own By-law and set Rates and Fees. Now that the Cemetery is under Municipal management and control the property should be included in Clarington's Cemetery By-law 2012-061 and all applicable Rates and Fees for services should be harmonized with the other active cemeteries that Clarington operates. The differences in the Municipality's fee structure and the Orono fees are minimal. For example, the difference in a grave purchase is approximately $150, and the difference in a niche purchase is approximately $160. However, these differences are primarily due to the fact that the Orono Cemetery rates have not increased since 2018. 1.4. A similar process has occurred in the past when the Municipality of Clarington officially assumed responsibility for Bond Head Cemetery, St. George's Cemetery and Hampton Union Cemetery. This practice ensures that regulations and related service costs are kept consistent across all active cemeteries where the Municipality is considered to be the operator under the Funeral, Burial and Cremation Services Act of Ontario. 1.5. As recommended in Operations Department Report OPD-006-19, Council approved the adjustment of all cemetery fees for subsequent years using the annual, November over November, Ontario All -Items Consumers Price Index (CPI) to take effect each year on January 1 st. A copy of the current Cemetery Rates and Fees schedule for 2020 is provided as Attachment 2. It is this structure of Rates and Fees that all services provided at the Orono Cemetery will be charged against. Municipality of Clarington Page 3 Report OPD-003-20 1.6. An additional new charge is also recommended to be included in the 2020 schedule for Cemetery Rates and Fees. The new charge is for the replacement of existing granite plaques on creation niches. This type of service request originates from family members of the deceased who want to make a name change, revise the look of the plaque or upgrade from a single to a double niche. The established cost to produce, engrave and install each new 6x6 black granite plaque is $300.00 plus HST. 1.7. For housekeeping purposes, the current language in Section 2.6 of Cemetery By-law 2012-061 needs to be updated to be consistent with the fee structure and to accurately reflect the fact that interments are presently carried out on Statutory Holidays. The additional costs associated with the overtime to provide this level of service are adequately covered off in the 2020 schedule of Rates and Fees. 1.8. A recent request has been made by the representative of a local faith group to purchase between 50 and 100 lots/graves at the Orono Cemetery. As explained by the requestor, the purchase of this number of lots/graves would effectively create an area in the cemetery that would be reserved for the members of their respective community. These types of requests have not occurred in the past at any of Clarington's active cemeteries since they have always been operated as non -denominational public properties. Historically, the maximum number of lots/graves that have ever been sold to individuals has been 10. 1.9. A new subsection is recommended to be included in Section 4.0 of Cemetery By-law 2012-061 that limits the sale of Interment Rights to a maximum number of 12 lots/graves to each individual. This maximum number of lots/graves will support the existing cemetery layout plan and also help to ensure that space in Clarington's Cemeteries will continue to be available to all members of the public for generations to come. 2. Concurrence 2.1. This report has been reviewed by the Municipal Clerk who concurs with the recommendations. Municipality of Clarington Report OPD-003-20 3. Conclusion Page 4 It is respectfully recommended that Council approve the attached amending by-law to officially include Orono Cemetery in By-law 2012-061 as an active cemetery in the Municipality of Clarington. Further, it is also recommended that Council approve the additional charge for customer requested replacement of cremation niche plaques and that the housekeeping update in Section 2.6 and Section 4.0 of By-law 2012-061 be approved. Staff Contact: Stephen Brake, Acting Director of Operations, 905-263-2291 extension 2903 or sbrake(a)-clarington.net Attachments: Attachment 1 — Amending By-law Attachment 2 — Current Schedule of Cemetery Fees (2020) Interested Parties: Armstrong Funeral Home Limited Courtice Funeral Home McIntosh -Anderson -Kellam Funeral Home Ltd. Morris Funeral Chapel Ltd. Newcastle Funeral Home Ltd. Northcutt Elliott Funeral Home Attachment 1 to Municipality of Clarington Report OPD-003-20 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2020-XXX Being a By-law to amend By-law 2012-061, being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington. Whereas the Cemeteries Act (Revised), R.S.O. 1990 provides for the regulation and restriction of use of lands identified as a cemetery; And whereas the Municipality of Clarington assumed responsibility for the Orono Cemetery in 2019; And whereas the Municipality of Clarington deems it advisable to amend certain provisions within By-law 2012-061, as outlined in Report OPD-003-20; Now therefore the Council of the Municipality of Clarington amends By-law 2012-061 as follows: 1. That the recitals be amended such that the Orono Cemetery, located at Lot 28, Mill Lane, Orono, Ontario, be included as an additional active cemetery having all applicable provisions. 2. That the definition of "Cemetery" be amended to include "Orono Cemetery". 3. That Section 2 of "Schedule A" be amended to add a new additional charge for customer requested replacement of granite plaques for cremation niches at a rate of $300 plus HST for 2020 and shall be subject to the annual rate increase. 4. That Section 2.6 be deleted and replaced with the following: "No interment shall be made on a Statutory holiday without payment of an extra charge as set forth in Schedule "A", save and except in the case of a written order of a Medical Officer of Health, and in such case the extra charge, set out in Section 5 of Schedule A, shall not apply." Attachment 1 to Municipality of Clarington Report OPD-003-20 5. That subsection 4.6 be added as follows: "That the sale of Interment Rights shall be limited to a maximum of 12 lots/graves to each individual." 6. This by-law shall come into force and effect on July 15, 2020. By -Law passed in open session this day of , 2020. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Attachment 2 to Municipality of Clarington Report OPD-003-20 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Cemetery Price List 2020 Bowmanville Cemetery, Bond Head Cemetery, St. George's Cemetery & Hampton Cemetery Plot Fees Type of Lot Dimensions Care & Maintenance 40% Cost HST Total Single 3' X 9' $774.00 $1,935.00 $251.55 $2186.55 Babyland 1.5' X 3' N/A No Charge N/A N/A Cremation 2' X 2' $258.00 $645.00 $83.85 $728.85 Cremation Niches Fees Columbarium Niche Size Care & Cost HST Total Maintenance 15 % Single 12" X 12" X 12" $232.50 $1,550.00 $201.50 $1,751.50 with plaque Double 12" X 12" X 12" $331.50 $2,210.00 $287.30 $2,497.30 (with plaque) Interment Fees Interment Options Cost HST Total Adult -Single Depth $1,020.00 $132.60 $1,152.60 Adult- Double Depth purchased pre 2005 $1,270.00 $165.10 $1,435.10 Cremation $390.00 $50.70 $440.70 Niche Wall $195.00 $25.35 $220.35 Infant N/A N/A N/A Additional Fees Additional Charges Cost HST Total Saturday Plot Interments $240.00 $31.20 $271.20 Saturday Cremation/Niche Interments No Charge 0 0 Sunday & Stat Holidays Plot Interments $565.00 $73.45 $638.45 Sunday & Stat Holidays Cremation/Niche Interments $205.00 $26.65 $231.65 Rental for lowering device, set up and dressing $130.00 $16.90 $146.90 Provincial Licence Fee $12.00 N/A $12.00 Administrative Fees Administrative Fees Cost HST Total Transfer Fee $35.00 $4.55 $39.55 Attachment 2 to Municipality of Clarington Report OPD-003-20 Duplicate or Replacement Certificate $35.00 $4.55 $39.55 Third Party Sale Transfer $35.00 $4.55 $39.55 Transfer Back to Municipality $35.00 $4.55 $39.55 Monument Foundations and Setting Markers Fees Monument Foundation and Setting Care & Cost HST Total Marker Options Maintenance Flat Fee Monument Foundation (flat fee) $100.00 $430.00 $68.90 $598.90 Flat Marker Foundations (flat fee) $50.00 $270.00 $41.60 $361.60 Cremation / Baby Markers $50.00 $120.00 $22.10 $192.10 (flat fee) <173" Cremation / Baby Marker N/A $120.00 $15.60 $135.60 (flat fee) >173" Removal of Monuments N/A $85.00 $11.05 $96.05 Disinterment Fees Disinterment Fees Cost HST Total Adult same cemetery $1680.00 $218.40 $1,898.40 Adult different cemetery $1,425.00 $185.25 $1,610.25 Child same cemetery $1,055.00 $137.15 $1,192.15 Child different cemetery $950.00 $123.50 $1073.50 Infant/Cremation same cemetery $460.00 $59.80 $519.80 Infant/Cremation different cemetery $315.00 $40.95 $355.95 Additional DID Disinterment Fee $340.00 $44.20 $384.20