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HomeMy WebLinkAboutOPD-004-13 Cladliwit REPORT OPERATIONS DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 25, 2013 Resolution#: -H - By-law#: Report#: OPD-004-13 File#: Subject: HAMPTON UNION CEMETERY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report OPD-004-13 be received; 2. THAT, subject to the approval of the Ministry of Consumer Services, the Municipality acquire title in fee simple and assume all responsibilities related to the Hampton Union Cemetery located at 5810 Old Scugog Road, Hampton, Ontario; 3. THAT the acquisition of the Cemetery and easements by the Municipality be subject to the Municipality being able to comply with all requirements of the Funeral, Burial and Cremation Services Act 2002; 4. THAT the trust funds of the cemetery be held by the Municipality of Clarington; 5. THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendations; and 6. THAT the Ministry of Consumer Services and the Hampton Cemetery Board be advised of Council's decision. 1 Submitted by: Reviewed by: Fred--Horvath Franklin Wu, B.A., R.D.M.R., R.R.F.A. Chief Administrative Officer Director of Operations CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: OPD- 004 -13 PAGE 2 1. BACKGROUND AND COMMENT: The Municipality has received a written request to take over ownership of Hampton Union Cemetery on Old Scugog Road in Hampton (Attachment #1). The cemetery is now operated by a board, and they have been unable to fill positions on their board from either the congregation of the United Church or the community. The cemetery plots are currently all sold, with no room or plans for expansion. The cemetery is still active, and continues interments with registered plot owners. 2. PROCESS: Staff of the Operations, Finance and Clerk's Departments have met with representatives of the United Church and the cemetery board and have determined that all documentation is in order for the transfer. Pursuant to the Province of Ontario's Funeral, Burial and Cremations Services Act 2002, the Ministry of Consumer Services will approve the transfer of Ownership of Hampton Union Cemetery to the Municipality of Clarington after it receives confirmation, in writing, that both parties are in agreement with the transfer. The Ministry also requires direction from the Municipality for the transfer of funds currently held by the Hampton Union cemetery board to the Municipality. Should Council not approve the transfer of the cemetery and the Cemetery Board applies to the Superior Court of Justice, the courts will likely determine that the Municipality is responsible for the cemetery in any event. Once Ministry approval is given, the Municipality will amend By -law #2005 -067 being a bylaw for the maintenance, management, regulation and control of cemeteries in the Municipality of Clarington to include Hampton Union cemetery. As well, the Municipality will make application for the ownership of the cemetery lands to be transferred to the Municipality. 3. CONCURRENCE This report has been reviewed by Patti Barrie Municipal Clerk, Nancy Taylor, Director of Finance/Treasurer and Andrew Allison, Municipal Solicitor who concur with the recommendations. REPORT NO.: OPD- 004 -13 PAGE 3 CONFORMITY WITH STRATEGIC PLAN - Not Applicable Staff Contact: Bob Genosko, Operations Supervisor Attachments: Attachment 1 - Hampton Union Cemetery letter of intent List of interested parties to be advised of Council's decision: Ministry of Consumer Services Hampton Union Cemetery Board members: Bill Burns, Chairperson Stan Norrish, Treasurer Sonia Parfitt, Secretary Richard Parker, Minister of Hampton United Church ATTACHMENT NO. 1 REPORT NO. OPD- 004 -13 HAMPTON UNION CEMETERY Old Scugog Road, Box 191, Hampton, Ontario LOB 1J0 October 5, 2012 Attention: Patti L. Barrie, CMO, Municipal Clerk Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville, Ontario L1C 3A6 Gentlemen: Letter of Intent RECEIVED OCT 10 2012 OPERATIONS DEPT. Further to our meeting with Mr. Bob Genosko, Parks Supervisor regarding the Hampton Union Cemetery, the Cemetery Board under the auspices of Hampton United Church has made the decision to ask for the cemetery to be transferred to the care of the Municipality. We have been unable to fill positions on the Board from either the congregation or the community, and feel it is time for the responsibility of care of the cemetery to pass onto other hands especially with all the new rules and regulations coming into play. This cemetery has been lovingly cared for. Maintenance has been ongoing as well as upkeep of plots, cornerstones, lawns, trees, etc. Also meticulous records have been kept as regards to burials and ledgers as far back as 1970 with many corrections and updates up to the present time. For an old cemetery, it is as true as it can be. There is no room for any new plots. They have all been sold and so there would be no sales, only burials. We have been already audited by the Ministry under the new rules and have complied as requested. We have also notified them of our intent to transfer the cemetery. We would appreciate the Council looking into our Letter of Intent and advise at your earliest convenience. Yours truly, Hampton Cemetery Board Bill Burns, Chairperson - Stan Norrish, Treasurer Sonia Parfitt, Secretary Richard Parker, Minister, Hampton United Church cc: F. Horvath, Director of Operations N. Taylor, Director of Finance /Treasurer A. Greentree, Deputy Clerk L. Gordon, Deputy Treasurer B. Genosko, Parks Supervisor