TOWNSHIP OF HOWICK COUNCIL AGENDA Tuesday March 18 th , 2014 Howick Council Chambers 1. CALL TO ORDER 2. ACCEPTANCE OF THE AGENDA - Resolution 3. DECLARATION OF PECUNIARY CONFLICT OF INTEREST 4. DELEGATION 5. APPROVAL OF MINUTES 5.1 Regular Council Meeting of March 4 th , 2014 - Resolution 6. STAFF REPORTS 6.1 RECREATION FACILITIES MANAGER 6.1.1 Hydro Bill – Information 6.1.2 Health Inspections – Information 6.1.3 Arena Water Treatment System – Resolution 6.1.4 Arena Truck – Resolution 6.1.5 H.C.C. Liquor License - Resolutions 6.2 FIRE CHIEF/CEMC, BY-LAW ENFORCEMENT OFFICER 6.2.1 Firefighter Training Wages – Resolution 6.2.2 CISM Clarification – Resolution 6.2.3 Billing for MVC Clarification – Resolution 6.2.4 Number of Dogs – Resolution 6.2.5 Encroachment Agreement – Resolution 6.2.6 Commercial Truck Parking at HCC - Resolution 6.3 TREASURY DEPARTMENT 6.3.1 Accounts Payable Listing - $636,297.31 Resolution 6.3.2 Taxes – Information
Transcript
TOWNSHIP OF HOWICK COUNCIL AGENDA Tuesday March 18th, 2014 Howick Council Chambers
1. CALL TO ORDER 2. ACCEPTANCE OF THE AGENDA - Resolution 3. DECLARATION OF PECUNIARY CONFLICT OF INTEREST 4. DELEGATION 5. APPROVAL OF MINUTES
5.1 Regular Council Meeting of March 4th, 2014 - Resolution 6. STAFF REPORTS
6.1 RECREATION FACILITIES MANAGER 6.1.1 Hydro Bill – Information 6.1.2 Health Inspections – Information 6.1.3 Arena Water Treatment System – Resolution 6.1.4 Arena Truck – Resolution 6.1.5 H.C.C. Liquor License - Resolutions 6.2 FIRE CHIEF/CEMC, BY-LAW ENFORCEMENT OFFICER 6.2.1 Firefighter Training Wages – Resolution 6.2.2 CISM Clarification – Resolution 6.2.3 Billing for MVC Clarification – Resolution 6.2.4 Number of Dogs – Resolution 6.2.5 Encroachment Agreement – Resolution 6.2.6 Commercial Truck Parking at HCC - Resolution 6.3 TREASURY DEPARTMENT 6.3.1 Accounts Payable Listing - $636,297.31 Resolution 6.3.2 Taxes – Information
6.3.2 History Books – Resolution 6.3.3 Cemetery Audit – Information (more financial information
will be available at the meeting) 6.3.4 Audit – Information 6.4 PUBLIC WORKS COORDINATOR Roads: 6.4.1 Public Works Staff Operations – Information 6.4.2 Training – Resolution 6.4.3 Fordwich Village Nursing Home – Resolution 6.4.4 February Snow and Ice Control – Information Building: 6.4.5 2014 Building Permit Report – Information 6.4.6 Training – Resolution Planning and Development: 6.4.7 Proposed Zoning Amendments – Resolution Other: 6.4.8 Staff Remuneration – Resolution 6.4.9 Schedule of Noxious Weeds – Information 6.4.10 Encroachment Agreement – 2053 Victoria Street, Gorrie
– Resolution 6.5 CLERK’S DEPARTMENT 6.5.1 Carol Watson Employment Agreement – Information 6.5.2 Provincial Policy Statement, 2014 – Information 6.5.3 Questions re: Wind turbines – Information/Discussion 6.5.4 Reform to Joint and Several Liability - Resolution
7. PUBLIC NOTIFICATION 8. COUNCIL COMMITTEE AND BOARD REPORTS – Resolution to
Receive Reports 8.1 Land Planning Meeting at Tilman Bauman’s on January 20th,
2014 with the Mennonite Land Planning Committee
9. COUNCILLOR REPORTS 9.1 Council to confirm the date for the Annual Volunteer
Appreciation. Once confirmed the Howick Township website will be updated to include this information as well as nominations for Citizen of the Year - Resolution
9.2 Councillor Henhoeffer to attend the Annual Brochure Swap -
Resolution 10. CORRESPONDENCE For Consideration: 10.1 Huron County Municipal Officers’ Association Annual Meeting –
Resolution 10.2 An Invitation to attend County Council on Wednesday April 2nd,
2014 at 9:00 a.m. with lunch served afterwards – Resolution 10.3 An invitation to join the 2014 Edition of Communities in Bloom
Ontario – Resolution For Information: (for a copy of this correspondence, please see the
Recording Secretary) 10.4 Stewardship Coordinator position in partnership with the Huron
Stewardship Council is Rachel White 10.5 Resolution from Seguin Township re: Unfair Proposed OPP
Funding Model 10.6 The Town of Petrolia advised they supported the request for
Action on Bill 69 – The Prompt Payment Act, 2013 as received by AMO
10.7 Resolution from the Town of Aurora re: Introduction of Municipal Recall Election Legislation
10.8 The Ministry of Community Safety and Correctional Services has confirmed compliance in all the requirements of the Emergency Management and Civil Protection Act (EMCPA)
10.9 Maitland Valley Conservation Authority (MVCA) advised of the Director’s Attendance at Authority Meetings for 2013
10.10 Saugeen Conservation has advised of the levy for 2014 for the Township of Howick. This levy is included in the accounts for this meeting
11. CLOSED SESSION The Council of the Corporation of the Township of Howick will
proceed to a Closed Session. – Resolutions 12. BY-LAWS 12.1 By-law No. 13-2014; being a By-law to amend By-law No. 23-
1984; as amended, being the Zoning By-law of the Corporation of the Township of Howick re: Peter Lobsiger
12.2 By-law No. 14-2014; being a By-law to amend By-law No. 23-
1984; as amended, being the Zoning By-law of the Corporation of the Township of Howick re: Hyndman Transport Ltd.
12.3 By-law No. 15-2014; being a By-law to appoint Carol Watson as
the Clerk of the Corporation of the Township of Howick; effective March 31st, 2014
12.4 By-law No. 16-2014; being a By-law to confirm the actions of
Council at their March 18th, 2014 Council meeting. 13. NOTICE OF MOTIONS 14. ADJOURNMENT If any member of the public would like more information on an agenda item please contact the Clerk’s office at 519-335-3208 or email [email protected]
13947 C 3/18/2014 54 Avon Maitland District School Board 158,341.53$
13948 C 3/18/2014 109 B.M. Ross and Associates Llimited 8,329.92$
13949 C 3/18/2014 160 Barb Wilson 1,230.00$
13950 C 3/18/2014 8 Boyds Farm Supply Ltd. 61.13$
13951 C 3/18/2014 100 R.J. Burnside & Associates Limited 2,650.64$
13952 C 3/18/2014 811 Canada's Finest Coffee 104.00$
13953 C 3/18/2014 59 CIBC Visa 3,170.03$
13954 C 3/18/2014 160 CivicInfo BC 169.50$
13955 C 3/18/2014 440 CJ Johnston Office Solutions Inc. 27.21$
13956 C 3/18/2014 11 County of Huron 362,521.00$
13957 C 3/18/2014 394 D & M Auto Service 394.29$
13958 C 3/18/2014 809 ERTH Holdings Inc 11,013.27$
13959 C 3/18/2014 92 Francotyp-Postalia Canada 9.61$
13960 C 3/18/2014 316 Horton's Dairy 42.37$
13961 C 3/18/2014 55 Huron- Perth County Roman Catholic Separate Scho 9,787.68$
13962 C 3/18/2014 578 HV Power 248.60$
13963 C 3/18/2014 12 Hydro One 2,306.45$
13964 C 3/18/2014 51 Hydro One Street Lighting 252.57$
13965 C 3/18/2014 64 Ideal Supply Company Ltd 420.01$
13966 C 3/18/2014 795 Joe Sym 150.50$
13967 C 3/18/2014 132 Kimball Printing 79.10$
13968 C 3/18/2014 499 McGavin Farm Equipment 16.81$
13969 C 3/18/2014 3 North Wellington Co-Operative Services Inc 27,939.45$
13970 C 3/18/2014 411 Ontario Recreation Facilities Association 983.10$
13971 C 3/18/2014 689 PBJ Cleaning Depot 169.81$
13972 C 3/18/2014 160 Rachel Brubacher 367.25$
13973 C 3/18/2014 597 Radar Auto Parts - Brussels 78.49$
13974 C 3/18/2014 120 Ralph Metcalfe 335.45$
13975 C 3/18/2014 790 Rebekah Msuya-Collison 76.50$
13976 C 3/18/2014 68 Receiver General for Canada 108132861 RP 7,195.50$
13977 C 3/18/2014 305 Resurfice Corp. 99.80$
13978 C 3/18/2014 160 Ron Mclaughlin Sales 367.14$
13979 C 3/18/2014 185 Saugeen Conservation 3,661.00$
13980 C 3/18/2014 469 Sparlings Propane 7,796.63$
13981 C 3/18/2014 124 Strongco Equipment 6,891.61$
13982 C 3/18/2014 72 The Bare Necessities 254.27$
13983 C 3/18/2014 414 The Pepsi Bottling Group (Canada) 530.59$
13984 C 3/18/2014 629 ThyssenKrupp Elevator 774.97$
13985 C 3/18/2014 696 Toromont Industries Ltd 873.11$
13986 C 3/18/2014 102 TSC Stores L.P 142.02$
13987 C 3/18/2014 420 Waste Management 8,021.31$
13988 C 3/18/2014 74 Watson's Building Centre 264.36$
13989 C 3/18/2014 684 West Coast Distributing 735.07$
13990 C 3/18/2014 89 Wingham Advance Times 428.95$
13991 C 3/18/2014 160 Workers Health & Safety Centre 480.25$
13992 C 3/18/2014 269 Wurth Canada Limited 370.22$
Sub total 636,297.31$
Payroll - March 12 18,420.70$
Total Expenditures 654,718.01$
Prepared by:
Brenda Weishar 03/13/14 GL Balance 175,604.41$
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Ministry of Consumer Services
Ministère des Services aux consommateurs
Consumer Protection Branch 900 Highbury Avenue North London ON N5Y 1A4 Tel.: 519 453-6448 Fax: 519 453-3745
Direction de la protection du consommateur 900 Avenue Highbury Nord London ON N5Y 1A4 Tél. : 519 453-6448 Téléc. : 519 453-3745
Sent by e-mail to Brenda Weishar at: [email protected] March 5, 2014 Township of Howick P.O. Box 89, 44816 Harriston Road, Gorrie ON N0G 1X0 RE: Inspection # 30479 for the Township of Howick, Licence # 3277998, all cemetery sites under the licence and all books and records ------------------------------------------------------------------------------------------------------------------------ This letter is written with regards to the inspection conducted on March 4, 2014. The following filings/approvals/returns are required to comply with the Funeral, Burial and Cremation Services Act, 2002 (FBCSA). This cemetery board needs to ensure all requirements and records are properly maintained. The contact information for the Registrar is: Ministry of Consumer Services Consumer Protection Branch Cemeteries Regulation Unit 5775 Yonge Street, Suite 1500 Toronto ON M7A 2E5 Tel: (416) 326-8393 or 1-800-889-9768 Fax: (416) 326-8406
Funeral, Burial and Cremation Services Act, 2002 The new Funeral, Burial and Cremation Services Act, 2002 (FBCSA) came into force on July 1, 2012. I have provided a copy of the Act and Regulations in electronic form with this e-mail. I am also providing you some links to information provided by the Ministry of Consumer Services website:
1) General Information on Cemeteries and Funerals: http://www.sse.gov.on.ca/mcs/en/Pages/Cemetaries_and_Funerals.aspx
New Care and Maintenance Requirements for Interment and Scattering Rights
Type of Interment and Scattering
Rights
Amount prescribed for non-instalment
sales per Interment or Scattering Right
sold
In-ground grave (2.23 m'/24 sq ft or larger) The greater of 40 per cent of the selling price and
$250
In-ground grave (smaller than 2.23 m2/24 sq ft) The greater of 40 per cent of the selling price and
$150
Crypt
The greater of 20 per cent of the selling price and
$500
Niche The greater of 15 per cent of the selling price and
$100
Scattering ground (single scattering right holder) The greater of 40 per cent of the selling price and
$100
Scattering ground (multiple scattering rights
holders)
The greater of 15 per cent of the selling price and
$25
Scattering ground (no scattering rights holder) $25 per scattering
Changes to Filings Under the previous Cemeteries Act (Revised), there was a requirement to file with the Registrar’s Office copies of the current price list, the contract for the purchase of interment rights and the interment rights certificate. Note: A price list, contract or the certificate of interment rights are no longer required to be filed with the Ministry as of July 1st 2012 but cemeteries in Ontario must be in full compliance regarding these requirements. I have provided samples of these documents at the time of the inspection and I have included electronic versions with this e-mail. You will also find these documents on the Ministry’s website at the addresses that I have listed above. I have also included the Section numbers below to assist you with compliance to these requirements.
Price Lists Price lists are covered in Regulation 30/11 of the FBCSA, Sections 54-71.
Notes:
• You must update your price list to meet all of the requirements of the FBCSA and you must include the full contact information of the operator, effective date of the
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price list, etc, as per s. 59 of O. Reg. 30/11 and minimum of 10 point font as per section 54.
• The new amounts for contribution to the Care & Maintenance Fund or Account for an in-ground lot are found in Regulation 30/11, Section 168. These are now based on the size of the in-ground grave (see above).
• For your reference, there is no longer different “Care and Maintenance” (C & M) amounts for in-ground graves based on the category for “Child/Cremated remains” as in the previous Cemeteries Act (Revised). Note: You may still have a separate category for a different price for a one adult grave, one child grave, one grave in a veterans section, one cremation grave, and any other in-ground burial interment right as per s. 63 (1) 1. Of O. Reg. 30/11, but the C & M is based on the size of the in-ground grave as noted above as per s. 168 of O. Reg. 30/11.
• The contribution amounts for marker C & M remain the same as the previous Cemeteries Act (Revised) and these amounts are found in Regulation 30/11, Section 166.
• If the cemetery’s price list includes prices related to installation or maintenance of markers or foundations, a copy of the price list containing this information must be delivered 30 days in advance to those persons who have delivered markers to the cemetery within the previous 12 months as per Regulation 30/11, Section 69.
Contracts
Contract requirements are covered in s. 120-128 of O. Reg. 30/11 of the FBCSA. Note: You must update your contract to meet the requirements of the FBCSA. The contract should be standardized and used by all of your active cemeteries. You must use a cemetery contract for the purchase of all cemetery supplies and services and maintain a complete copy of each contract for your records as per O. Reg. 30/11, s. 101. Note: You may make your own contract based on sections 120-128 of O. Reg. 30/11 or use the sample provided as a guideline. If you use the sample, please review the “RED” highlighted areas of the electronic sample contract provided with this e-mail and make any changes or additions as outlined in red.
Certificate of Interment Rights
Certificate of Interment Rights requirements are covered in s. 163 of O. Reg. 30/11 of the FBCSA. Note: You must update your certificate to meet the requirements of the FBCSA. The interment rights certificate should be standardized and used by all of your active cemeteries. You must maintain a completed copy for your records as per O. Reg. 30/11, s. 101. Note: You may make your own interment rights certificate based on s. 163 of O. Reg. 30/11 or use the sample provided as a guideline. If you use the sample, please review the “RED” highlighted areas of the electronic sample interment rights certificate provided with this e-mail and make any changes or additions as outlined in red. Bylaws By-laws still require the approval of the Registrar! I have included sample by-laws for a cemetery and the submission procedures to assist you on meeting the requirements for submitting the by-laws for approval. The sample by-laws are also available in the links as provided above. All cemeteries will require new by-laws to meet with the changes of the new FBCSA and especially the Resale of Interment Rights. Resale information is found in Section 47 of the Act and Regulation 30/11, Section 30(4). Please review the “RED” highlighted
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areas of the electronic sample by-laws provided with this e-mail and make any changes or additions as outlined in red.
Documents to be provided to purchasers of interment rights
All purchasers of Interment Rights must receive a copy the following (from Section 40 of the FBCSA or Section 113 of Reg. 30/11):
• the contract,
• the interment rights certificate,
• the Consumer Information Guide,
• the current price list and • the approved by-laws at the time of sale.
Please note that extra copies of the Consumer Information Guide may be obtained by making a request through Alex Woo in the Registrar’s Office at the address/numbers as noted above. Care and Maintenance Deposits
1) As a reminder, all Care and Maintenance deposits for interment/scattering rights must be submitted to the trust fund within 60 days of receipt as per Regulation 30/11, Section 87(2). For markers, the trust monies must be submitted within 60 days of installation as per Regulation 30/11, Section 88 (1).
2) Also, the minimum amount to the Care and Maintenance Fund is $250 or 40 percent of
the selling price, whichever is greater. The minimum was increased under the new FBCSA as of July 1, 2012. Currently, you charge $450.00, keeping $280.00 and sending $180.00 to the C & M Fund. This amount is $70.00 short for every interment sale made since July 1, 2012. You are therefore required to correct this matter by providing a summary of all sales since July 1, 2012 with the amount paid, kept, sent to C & M, difference and then a total owing to the C & M Fund. You must provide me a copy of how the shortage was calculated by e-mail. These amounts must also be deposited to the C & M trust fund immediately and the difference recorded and explained on the next annual Report on the C & M Fund.
3) The annual Report on the C & M Fund must include all C & M amounts for each
cemetery, just not the amounts since the board turned them over to the Township. That is, the amounts for Gorrie and Lakelet Cemeteries taken over in 2005 had $30,098.76 ($29,713.83 + 364.93) and $3,350.00 respectively, prior to the takeover, but these monies were never actually transferred to the Township and included on the annual reports. These amounts must also be included and explained on the next annual Report on the C & M Fund.
Care and Maintenance Trust Fund The Care and Maintenance Fund must be designated as the “Township of Howick Care and Maintenance Fund” as per O. Reg. 30/11, s. 83 of the FBCSA. This would apply to all bank accounts used to maintain the C & M trust monies. Note: Some of your accounts are not
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designated and some are still using the old term “Perpetual Care”. You may still indicate which cemetery they are for but the investments must be in the name of the Township rather than the old board name (eg: Gorrie and Lakelet Cemetery C & M investments or bank statements). Therefore, any C & M trust monies must be held and invested by the Township and not the old board. Instruction from Interment Rights Holders You must ensure you are taking instructions from the interment rights holder or the legal representative. As discussed, if a burial is to take place, you board must first confirm that the person to be buried is in fact, the interment rights holder. If the person’s name is not on the interment rights certificate, your board must demand further information in writing from the interment rights holder or legal representative prior to any burial taking place and maintaining this documentation for your records. Cemetery Plans The FBCSA requires that plans of the cemetery be submitted to the Registrar’s Office for approval of all interment spaces prior to their sale. You mentioned that the Lakelet Cemetery changed the numbering system of their cemetery. Were these changes ever approved? If so, the plans would have a small square stamp (about 2”) with details on the approval. If this is the case, please provide me with a a copy of this stamp. If you are unable to find such a stamp, then the Registrar’s Office will require two copies of the detailed general plan of the sections of the cemetery showing the available lots for sale. A general plan of the cemetery must be drawn to scale and showing compass bearings, lot numbers and the location and dimensions of every lot, scattering ground, walk, fence, road, watercourse, building and adjoining road in the portion of the cemetery to be available for interments or scatterings as per Regulation 30/11, Section 147 (1)1 and be prepared by an Ontario Land Surveyor as per Regulation 30/11, Section 147 (2)a. Also, you must provide just one copy of the overall plan of the cemetery outlining the section noted above where burials are available for sale. This does not have to be to scale. It is just so the Registrar’s office has an idea how the detailed sections of the cemetery fit in with the overall cemetery.
Cemetery Operator’s Duties All graves in the cemetery must be maintained with dignity and respect and therefore would require regular maintenance as per FBCSA, s. 5. In our discussion you had mentioned that boards look after some cemetery sites and contractors or neighbours look after a few more but there were still some sites that received no inspection or maintenance on a regular basis. In order to ensure the cemetery grounds are being maintained as required, regular inspections and maintenance would be required from the Township.
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Public Register There must be a Public Register maintained as per Regulation 30/11, Section 110 (see sample). The Public Register is supposed to be in maintained in a form that may be made available to the public. The Regulation is as follows:
Cemetery and Crematorium registers:
110. (1) A cemetery operator shall maintain a register in which the operator shall enter, (a) the name and address of each interment rights holder or scattering rights holder and the location of the lot or scattering ground to which the rights pertain; (b) the name and address of each original purchaser of interment or scattering rights that have been sold or transferred to another person and the date on which the rights were sold or transferred; (c) the name of each person whose remains are interred or scattered in the cemetery, the location where the remains were interred or scattered and the date on which the human remains were interred or scattered; and (d) the particulars of each disinterment of human remains, including the name of the person who requested the disinterment, the date on which the human remains were disinterred and the location in which the human remains were reinterred or scattered or the name of the person taking possession of the human remains. O. Reg. 30/11, s. 110 (1). (2) A crematorium operator shall maintain a register in which the operator shall enter, (a) the name of each person who was cremated in the crematorium; (b) the date of each cremation; and (c) the information on the metal identification tag that is required under subsection 186 (4). O. Reg. 30/11, s. 110 (2). (3) A cemetery or crematorium operator, as the case may be, shall enter the information required for a register mentioned in subsection (1) or (2) within five days of the later of, (a) becoming aware of the information; or (b) the occurrence of the event to which the information relates. O. Reg. 30/11, s. 110 (3). (4) A cemetery or crematorium operator, as the case may be, shall make a register mentioned in subsection (1) or (2) available for inspection by the public without charge. O. Reg. 30/11, s. 110 (4). (5) If a person was required to make information in a register available to the public under the Cemeteries Act (Revised) immediately before the day on which this section
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comes into force, the register is continued as a cemetery or crematorium register described in subsection (1) or (2), as the case may be. O. Reg. 30/11, s. 110 (5).
Summary: The Township must do the following:
• update and use an interment rights certificate that meets all of the requirements of the
FBCSA,
• update and use a contract for the purchase of all interment rights and services that
meets all of the requirements of the FBCSA,
• update and submit 2 copies of the proposed by-laws to be approved to the Registrar’s
Office in Toronto along with all the required supporting documentation,
• create a price list so that it meets all of the requirements of the FBCSA (full contact
information, effective date and minimum font size, etc.,),
• provide purchasers with a copy of the contract, interment rights certificate, approved by-
laws, current price list and a copy of the Consumer Information Guide,
• ensure all trust deposits are made to the trust fund within 60 days of receipt,
• immediately correct the amounts deposited to the C & M Fund and calculate the shortfall
created since the new requirement came into effect under the new FBCSA as of July 1,
2012. Once completed, send me the details on how the amount was calculated. Please
send this information by e-mail to: [email protected] Also, update these C &
M amounts on the next annual Report on the Care and Maintenance Fund,
• ensure all C & M trust monies are held by the Township of Howick and are not still in the
previous board’s name,
• ensure all C & M trust funds are properly designated as the “Township Of Howick Care
and Maintenance Fund” ,
• update the detailed plans for the Lakelet Cemetery and submit 2 copies to the
Registrar’s office in Toronto, if you are unable to find any approval stamp for the
changes in the numbering system,
• create and maintain a Public Register,
• create and institute a method to ensure regular inspection and required maintenance as
necessary of all cemetery sites under the Township’s licence,
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• ensure you are taking instructions from the interment rights holder or legal
representative.
Should you have any questions regarding this inspection notice, please contact the undersigned. The Registrar will require the above filings/approvals/corrections within 60 days. Please send me an e-mail or leave a message for my attention when the above has been forwarded. Yours truly,
