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HomeMy WebLinkAboutCLD-014-19Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: June 10, 2019 Report Number: CLD -014-19 Resolution: C-232-19 File Number: By-law Number: Report Subject: Request from Board for Municipality to Assume Orono Cem Recommendations: 1. That Report CLD -014-19 be received; 2. That, subject to the approval of the Ministry of Consumer Services, 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; 3. That the Mayor and the Clerk be authorized to execute, on behalf of the Municipality, all documents necessary to give effect to the above recommendation; 4. That the funding approved in the 2019 Budget for the Orono Cemetery Board grant be re -allocated for internal operating expenses related to the assumption of the Orono Cemetery; and 5. That all interested parties listed in Report CLD -014-19 and any delegations be advised of Council's decision. Municipality of Clarington Report CLD -014-19 Report Overview Page 2 The Orono Cemetery Board, at its first meeting, passed a resolution recommending that the Municipality assume all responsibility for the operation and maintenance of the Orono Cemetery. 1. Background 1.1 Arising out of Report OPD -005-19, the following Resolution #GG -213-19 was approved by the General Government Committee on April 15, 2019 and ratified by Council on April 29, 2019: That Report OPD -005-19 be received; That the Orono Cemetery Board continue to assume all responsibility relating to the operation and maintenance of the Orono Cemetery and that the trust funds remain to be held by the Municipality of Clarington; and That the Ministry of Consumer Services and Orono Cemetery Board be advised of Council's decision. 1.2 Applications for appointments to the Orono Cemetery Board were also considered by Council on April 29, 2019 (through Report CLD -012-19), and Council appointed the following five members to the Orono Cemetery Board: x Councillor Marg Zwart x Mary Clapdorp x Eldene Edwards x Jo -Ann Meijer x Wendy Partner 1.3 In preparation of the transfer to the newly formed Orono Cemetery Board, staff prepared a number of resources to assist the Board in fulfilling its responsibilities. 1.4 The first meeting of the Orono Cemetery Board was held on May 28, 2019. The intent of the meeting was to provide orientation for the new members regarding legislative responsibilities and the Board's terms of reference and responsibilities, and to share best practices (based on the knowledge and expertise of staff involved in managing the Municipality's four active cemeteries). Municipality of Clarington Resort CLD -014-19 Page 3 1.5 At the conclusion of the orientation portion of the meeting, and prior to undertaking any of the Board business items, such as the appointment of a chair, vice -chair, and secretary - treasurer, some members raised concerns that they were unable to fulfill the requirements of the Board and the cemetery operation obligations. Two members indicated that they would be stepping down from the Board. Based on this discussion, the following resolution was passed by the Board: Whereas the work and responsibility of this Municipal Service Board (Orono Cemetery Board) is significant and beyond that of the volunteer expectations; Now therefore the Orono Cemetery Board recommends that the management and operations of the Orono Cemetery be assumed by the Municipality of Clarington staff and not a Municipal Service Board, effective immediately. 1.6 Staff in the Clerk's Department and the Operations Department are very knowledgeable and competent in this area of work as they currently manage and operate four active cemeteries. 2. Discussion 2.1 In anticipation of the transfer from the former Board to the newly formed Orono Cemetery Board, staff from the Operations, Finance and Clerk's Departments met with the representatives of the former Board and determined that all documentation is in order. As well, staff were able to take advantage of the meeting to gather a thorough understanding of the operational and administrative rules and procedures which have traditionally been followed at the Orono Cemetery. 2.2 Based on the outcome of the recent Orono Cemetery Board meeting, it is recommended that the Municipality assume the operations and administration of the Orono Cemetery. Should Council approve the recommendations contained in this report, the Ministry will ultimately need to approve the transfer. 2.3 Once the Ministry approval is given, the Municipality will amend By-law 2012-061, being a by-law for the maintenance, management, regulation and control of cemeteries by the Municipality of Clarington to include the Orono Cemetery. The rates and fees for the Orono Cemetery will remain as they are currently, until such time as the Ministry approval is given and staff have a solid understanding of the Orono Cemetery business. At that time, the rates and fees for the Orono Cemetery will be harmonized with the Municipality's other cemeteries. Municipality of Clarington Resort CLD -014-19 Impact on Municipal Resources Page 4 2.4 The former Board has conveyed to staff the average annual volume of burials. Based on these volumes as they are understood, and given the staff expertise in this area, the additional administrative demand for sales, transfers and record keeping should be able to be absorbed with minimal impact. That said, there may be some staff overtime required in order to update the existing cemetery data base with the Orono Cemetery data. No additional training will be require though for staff. This impact of service demands on Clerk's Department staff will be monitored. 2.5 The impact of grounds maintenance, and funeral / burial services will not, however, be able to be assumed by Operations staff at this time. Currently there is a caretaker which was on contract with the former Board for maintenance and funeral/burial services. Staff has entered into an eight month contract with the caretaker which will allow operations staff to assess the additional service demands, while ensuring continuity of services to the clients and burial rights holders of the Orono Cemetery. 3. Financial Implications 3.1 Currently the Clerk's Department uses Stone Orchard Software for the maintenance of our Municipal cemeteries. The estimated cost to add the Orono Cemetery to the software system is $5,400.00, and will be funded by the money approved for the Orono Cemetery Board grant approved by Council in the 2019 Budget. The remaining "grant funds" will be used to fund the day-to-day operating expenses incurred by the Municipality_ 4. Concurrence This report has been reviewed by the Director of Finance/Treasurer, Director of Operations, and the Municipal Solicitor who concur with the recommendations. 5. Conclusion Based on the foregoing, it is respectfully recommended that the Municipality of Clarington assume responsibility for the maintenance and operations of the Orono Cemetery and that the Orono Cemetery Board be dissolved. Municipality of Clarington Resort CLD -014-19 6. Strategic Plan Application Not applicable. Submitted by:. A,e entree, B. A., CMO, Municipal Clerk Page 5 Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: C. Anne Greentree, Municipal Clerk, 905-623-3379 ext 2102 or agreentree@clarington.net Attachments: Attachment 1 - Minutes of the Orono Cemetery Board Meeting — May 28, 2019 The following is a list of the interested parties to be notified of Council's decision: Mary Clapdorp Eldene Edwards Betty Lycett Jo -Ann Meijer Wendy Partner Viola Vanderveen Courtice Funeral Chapel Morris Funeral Chapel Ltd. Northcutt Elliott Funeral Home Newcastle Funeral Home Ltd. Armstrong Funeral Home Limited Maclntosh-Anderson-Kellam Funeral Home Ltd. Garington Orono Cemetery Board Transition Training and Initial Board Meeting Minutes May 28, 2019 Minutes of a meeting of the Orono Cemetery Board held on Tuesday, May 28, 2019 at 1:00 PM in the Council Chambers. Present Were: Councillor Marg Zwart, Mary Clapdorp, Eldene Edwards, Jo -Ann Meijer, Wendy Partner Staff Present: Teresa Aide, Paul Creamer, Fred Horvath, June Gallagher, Anne Greentree, Lindsey Patenaude, Michelle Pick, Trevor Pinn Call to Order Anne Greentree, Municipal Clerk, called this first Orono Cemetery Board meeting to order at 1:03 PM. Ms. Greentree introduced everyone and explained the purpose of the meeting. 2 Orientation and Training 2.1 Role of the Board Fred Horvath, Director of Operations, provided the Board with background information about the Board and explained that the Board is an independent cemetery board, but also a board of Council. He used an electronic presentation to review the board information including: x Bereavement Authority of Ontario (BAO) x Legislative Requirements, including: o the cemetery grounds o price list requirements o contract requirements including paperwork required at closure o record keeping o trust fund requirements x Relationship of the Board to Council x Responsibility for compliance to the Funeral, Burial, Cremation Act x "Moving Forward" items: o Approve the Terms of Reference o Amend the Cemetery Rules, Fees and Rates o Municipality will issue the grant cheque o Create budget, address staffing o Develop cash handling policy 2.2 Governing legislation (Submitting Notice of Business Change) Fred Horvath explained that the Operations Department will assist in submitting the Notice of Business Change to the BAO. Page 1 of 4 Garington Orono Cemetery Board Transition Training and Initial Board Meeting Minutes May 28, 2019 2.3 Boards/Committee Training By-law and Terms of Reference Anne Greentree reviewed the sections of the proposed draft municipal service board by-law, which details the Board's terms of reference. Financial Matters Michelle Pick provided the Committee with general information regarding the financial requirements, including payroll. She noted that the investments are managed by the Municipality of Clarington. It was noted that only the interest for the Perpetual Care Fund can be used by the Board. The Finance Department Staff offered to have a separate meeting to discuss the financial matters in greater detail. Trevor Pinn noted that the Municipality has a Donation Policy which addresses monetary as well as in kind services donations. Policies Anne Greentree explained that the Board must develop a Purchasing Policy (a template is available from the Operations Department) and a Hiring Policy. Trevor Pinn noted that the Finance Department and Corporate Services Department are available to answer questions on these policies. Board and Committee Orientation June Gallagher provided the Committee with an information package as well as an electronic presentation with included information regarding: x Chair & Vice -Chair responsibilities x Obligations of Members x Quorum x Conflict of Interest x Agendas x Code of Conduct x Minutes x Accessibility x Municipal Freedom of Information and Protection to Privacy Act (MFIPPA) x Records Retention/Management Page 2of4 Garington Orono Cemetery Board Transition Training and Initial Board Meeting Minutes May 28, 2019 2.4 Best Practices (Procedures / Forms) Anne Greentree reviewed the forms required to administer the cemetery, including the existing forms and suggested new forms. She also reviewed a "HOW TO" document and a "Transition Notes" document. Ms. Greentree highlighted the current fee structure, in particular the areas that may be considered as part of the adoption of new fees. 2.5 Financial matters See also above section 2.3. Trevor Pinn also reviewed the following financial aspects: VISA, investments ($9,700 interest in 2018), bank accounts, utilities (including pre -authorized payments (PAP)), and the $10,200 municipal grant cheque. Recess The Board recessed for 10 minutes and reconvened at 3:20 PM in the Ante Room. 3 Discussion on the Future of the Orono Cemetery Board Jo -Anne Meijer and Eldene Edwards indicated that the work involved in running the Board is more than they had anticipated and that they would not be able to fulfill these obligations and therefore would be stepping down from the Board. Moved by Councillor Zwart, seconded by Eldene Edwards Whereas the work and responsibility of this Municipal Service Board (Orono Cemetery Board) is significant and beyond that of the volunteer expectations; Now therefore the Orono Cemetery Board recommends that the management and operations of the Orono Cemetery be assumed by the Municipality of Clarington staff and not a Municipal Service Board, effective immediately. Carried Anne Greentree thanked the members for volunteering and stepping forward to put their names forward for the Orono Cemetery Board. She indicated that Staff will need to meet shortly to discuss the next steps. No further matters of business were considered based on the resolution passed by the Board. Page 3 of 4 Garington Orono Cemetery Board Transition Training and Initial Board Meeting Minutes May 28, 2019 4 Adoption of Minutes Not applicable 5 Adjournment Moved by Wendy Partner, seconded by Councillor Zwart That the meeting be adjourned at 3:35 PM. Carried Page 4of4