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HomeMy WebLinkAboutLGS-035-23Clarftwn 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: December 4, 2023 Report Number: LGS-035-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-203-23 File Number: By-law Number: 2023-071 Report Subject: Lakeview Cemetery — Transfer to Municipality Recommendations: 1. That Report LGS-035-23, and any related delegations or communication items, be received; 2. That, subject to the approval of the Ministry of Consumer Services (through the Bereavement Authority of Ontario), the Municipality assume all responsibility and assets related to the Lakeview Cemetery located at 4449 Hill St, Newtonville, from the Lakeview Cemetery Board of Directors, effective January 1, 2024; 3. That Staff be authorized to execute, on behalf of the Municipality, all documents and instruments necessary to give effect to the cemetery transfer, to the satisfaction of the Deputy CAO/Solicitor; 4. That the By-law attached to Report LGS-035-23 attachment 1, to amend the Cemetery By-law, By-law 2022-055, to add Lakeview Cemetery, be approved; and 5. That all interested parties listed in Report LGS-035-23, and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-035-23 Report Overview Page 2 This report provides background and recommendations to assume ownership and control of the Lakeview Cemetery to the Municipality of Clarington due to the dissolution of the existing cemetery board. 1. Background 1.1 The Municipality of Clarington is currently responsible for five active cemeteries and 33 abandoned cemeteries. 1.2 Lakeview Cemetery (a.k.a. Newtonville Cemetery) is located at 4449 Hill St, Newtonville. Lakeview Cemetery is not to be confused with Newtonville Presbyterian Cemetery. 1.3 In late October 2023, the existing Secretary -Treasurer and Interim Chair of the Lakeview Cemetery Board approached the Municipality to advise of their retirement and ask about the process to transfer the Lakeview Cemetery (located in Newtonville) to the Municipality. No one else is interested in taking on the role of Secretary -Treasurer or Chair. At this stage the only viable alternative is for the Municipality to assume control. If the cemetery were to become abandoned, the Municipality would be the party with de facto responsibility, and transitioning ownership now with the existing Board is a more efficient process. 1.4 The existing Board is private in nature and does not currently depend on Municipal oversight. Staff have been in contact with the Board and have reviewed the steps required to take over the cemetery, following a similar process to that of the Orono Cemetery transfer which occurred in 2019. 1.5 At their November 8, 2023, meeting, the Lakeview Cemetery Board of Trustees unanimously passed the following resolution: Whereas the work and responsibility of Board of Trustees of the Lakeview Cemetery to manage the Lakeview Cemetery, Newtonville, is significant and beyond that of the Trustees; Now therefore be it resolved: a) That the Board of Trustees of the Lakeview Cemetery transfer the ownership, management, operations, license, documentation, funds, and assets of the Lakeview Cemetery to the Municipality of Clarington Staff, effective January 1, 2024; and Municipality of Clarington Page 3 Report LGS-035-23 b) That the Board of Trustees of the Lakeview Cemetery be dissolved as part of the transfer process. 1.6 Grass -cutting services have been contracted out which represents a sizable portion of their operating expenses, with very little revenue (as there are very few graves left to be sold and interment rates are low). 1.7 Staff from the Public Works Department, Financial Services Department and Legislative Services Department met with the representatives of the Board and determined that all documentation is in order, but that it is available in hard copy format only. 2. History of Lakeview Cemetery 2.1 The land has been a cemetery as far back as the 1830's, with the bulk of the property (two separate pieces), coming from William Laing. There are grave markers still present in Lakeview Cemetery that date back to this period. 2.2 The most recent land portion was transferred on August 15, 1952, and the land registration notes that the property is always to be used for cemetery purposes. 2.3 Lakeview Cemetery is currently laid out with approximately 988 graves, of which 30 remain unsold. In addition, there is a columbarium that contains 100 niches, of which 85 remain unsold. 2.4 In 2018, the Lakeview Cemetery was a stop on Doors Open Clarington. 2.5 Decoration Day is held annually on the second Sunday in August at the cemetery. 3. Legislation Clarington's Cemetery By-law 3.1 By-law 2022-055 is Clarington's Cemetery By-law and governs our active and abandoned cemeteries. Any changes to the Cemetery By-law (other than changes to schedules) need to follow the BAO's requirements for notice and be approved by the BAO. Municipality of Clarington Report LGS-035-23 The Funeral, Burial and Cremation Services Act Page 4 3.2 The responsibilities under the FBCS Act include but are not limited to, maintenance of the cemetery grounds, obligations in compliance with the Act, and detailed record keeping. 3.3 As indicated above, the Municipality doesn't automatically have to take over a cemetery, but this will eventually become a legal requirement when the cemetery is abandoned. 3.4 When referring to abandoned cemeteries, the legislation is not only speaking to inactive cemeteries but active cemeteries as well. The status of "active" or "inactive" is not a formal designation within the FBCS — those statuses have been used more as an internal note as to whether, or not, interments have occurred within the past 15-20 years. Therefore, whether Lakeview Cemetery is active, or not, does not play into whether it meets the definition of an abandoned cemetery: 101.1 (1) A person set out in subsection (2) may apply to have a judge of the Superior Court of Justice declare a cemetery abandoned if the owner of the cemetery, (a) cannot be found or is unknown; (b) is unable to maintain it; or (c) is not a licensed operator and there is no licensed operator for the cemetery. 3.5 Ontario Regulation 30/11, Section 170 on Neglected or Abandoned Cemeteries and the Funeral, Burial and Cremation Services Act, 2002 starting at Section 101.1 referring to Abandoned Cemeteries explains the abandoned cemetery process further. The Bereavement Authority of Ontario (BAO) 3.6 The BAO administers provisions of the Funeral, Burial and Cremation Services (FBCS) Act, which is consumer protection legislation respecting funerals, burials, cremations, and related services within the Province of Ontario. 3.7 The BAO advises that "the abandonment process can be costly, so it is beneficial to all parties if an agreement can be made — it is important to know that, if the site is not declared legally abandoned by the courts, the fees for the process will be borne by the operator, if declared abandoned those costs will instead be borne by the municipality. These costs can be substantial and may be in the range of $10,000 to $20,000. If the Municipality and the cemetery operator/owner can come to an amenable agreement regarding the transfer it is usually the best way forward. It ensures the continuous care Municipality of Clarington Page 5 Report LGS-035-23 & maintenance of the cemetery and therefore assists in maintaining the cemetery's history." 3.8 In terms of options for the cemetery, the BAO also notes that "an agreement doesn't have to be an immediate change from one party to the other but can include both parties working together for a couple of years to ensure a smooth transition. There is also the option of trying to sell the cemetery or locate a nearby operator who is willing to take it on." These other options tend not to be successful. 3.9 The BAO adds that, even if the cemetery was inactive, existing interment rights must be honoured as the change in status does not negate the cemetery's obligations. 4. Impact on Municipal Resources Administrative Impact 4.1 Based on the information about the operation of Lakeview Cemetery 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 will be either staff overtime (and/or temporary contract to backfill) required to input the Clarington database with the Lakeview Cemetery data. No additional training will be required for staff. The ongoing impact of service demands on the Clerk's Division Staff will be monitored. Maintenance Impact 4.2 However, the maintenance portion may have a slightly larger impact, on an ongoing basis. To keep maintenance levels consistent, the current grass -cutting contractor will be discontinued, and Clarington Staff will include this cemetery as part of their grass - cutting routine. 5. Next Steps 5.1 It is recommended that the Municipality assume the ownership and control of the Lakeview Cemetery. Should Council approve the recommendations contained in this report, the Ministry will ultimately need to approve the transfer which it is anticipated they would do. 5.2 When the main transfer documents have been completed, Staff will work with the Communications Division to notify the public (i.e., advertisement in the Orono Times; new sign at the cemetery; changes to the website; and social media announcements). Additionally, all funeral homes and monument companies will be notified of the changes. Municipality of Clarington Page 6 Report LGS-035-23 6. Financial Considerations 6.1 Staff have identified the following financial impacts: • Slightly increased revenue (but not much — there are not a lot of sales/year). • There is a $20,000 endowment that results in approximately $150-$400 dividends per year. The use of the funds is restricted to pay for flowers on three particular graves. • Care and Maintenance Fund will be transferred over. • There is currently a discrepancy between the cemetery rates in Lakeview and the rest of the Clarington active cemeteries (with Clarington being substantially higher). See Attachment 2 for a rate comparison. The User Fee By-law governs all cemeteries — once Lakeview Cemetery is added to the Cemetery By-law, the new rates will take effect. Staff do not anticipate much public concern as there are few plots to be sold and few interred each year. This increase in fees will ensure that there are some funds to provide for the consistent maintenance that the Municipality can offer. • Increased maintenance work (i.e., grass cutting, and snow clearing). Increased interment activity/work. There will be improved customer service because the previous board was not able to provide winter burials, whereas the Municipality does. Staff do not anticipate that there will be software vendor costs to create a software map for the plots as the software contract allows for three acres to be added per year. However, there may be a need to backfill the Vital Statistics Clerk during the transition to allow for the inputting of the information into the cemetery software system. Temporary resources may be required and will be funded from existing budgets. Financial Services Administrative - time it will take for accounting Staff to review the records and make necessary updates in our systems. • There should be minimal, if any, increases in insurance costs. Municipality of Clarington Report LGS-035-23 7. Concurrence Page 7 This report has been reviewed by the Director of Public Works who concurs with the recommendations. 8. Conclusion It is respectfully recommended that the Municipality of Clarington assume responsibility for the maintenance and operations of the Lakeview Cemetery. Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net. Attachments: Attachment 1 — Draft By-law to Amend the Cemetery By-law Attachment 2 — Rate Comparison Interested Parties: The following interested parties will be notified of Council's decision: Jamie Traynor, Licensing Officer, Bereavement Authority of Ontario Lakeview Cemetery Board of Trustees If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2023-XXX Being a by-law to amend the Cemetery By-law, By-law 2022-055, to add Lakeview Cemetery to the list of active cemeteries. Whereas Council approved Report LGS-xxx-23 recommending the transfer of Lakeview Cemetery to the Municipality from the Board of Trustees; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. That Schedule A of the Cemetery By-law, By-law 2022-055, be amended to add the following to the end of the list of Active Cemeteries: "Lakeview Cemetery, located at 4449 Hill Street, Newtonville" 2. That this by-law come into effect on January 1, 2024. Passed in Open Council this XX day of MMMM, 2023. Adrian Foster, Mayor June Gallagher, Municipal Clerk Attachment 2 To Report LGS-035-23 Comparison of Cemetery Fees Fee Schedule Effective July 1, 2023. All fees subject to applicable taxes. 'NOTE: 40% of total fee for sales of plots, niches, and monuments goes to care and maintenance fund. Sale .Clarington Single (3' x 9') Total Fee � $2,149.00 Lakeview Total Fee $1,400.00 Double Lot N/A $2,800.00 Infant (1.5' x 3') No charge N/A Cremation (2' x 2') 716.00 N/A Interment Adult —Single Depth Clarington Fee $1,133.00 Lakeview Fee $1,200.00 Adult —Double Depth 1,410.00 N/A Cremation 433.00 $600.00 Niche 217.00 N/A Infant No charge N/A Adult — Single Depth Fee $1,865.00 Fee $375.00 Adult — Double Depth 2,243.00 N/A Cremation 511.00 N/A Niche 217.00 N/A Infant 511.00 N/A Saturday Plot Interments Saturday Cremation/Niche Interments Sunday & Stat Holidays Plot Interments Sunday & Stat Holidays Cremation/Niche Interments Rental for lowering device, set up and dressi Provincial Licence Fee (Legislated — no tax) $266.00 $300.00 No additional charge N/A 627.00 $300.00 228.00 N/A 144.00 N/A $301 Same Attachment 2 To Report LGS-035-23 Comparison of Cemetery Fees Additional Labour Clarington Lakeview--' Em� Fee —1 Fee Groundskeeping/Casual Labour N/A $20/hour Groundskeeping/Casual Labour N/A $25/hour (Weekend/Holiday Rate) Monument Foundation or Notes Clarington Lakeview Marker Setting' Total Fee Total Fee Flat Marker — Regular Maximum height 24.5" 400.00 N/A x 18.5" Flat Marker — Cremation Maximum size 22" x 233.00 N/A 16" N/A Flat Marker — Block IBL Maximum size 16.5" x 133.00 10.5" 150.00 Foot Marker Maximum size 16" x 133.00 10" Removal of Monuments 94.00 N/A 4 Corner Stones N/A 250.00