HomeMy WebLinkAboutCSD-07-088 - Memorial Garden Approval - the Church of St John the Evangelist
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Community Services
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Community Services Committee
October 15, 2007
Keith Baulk, Director, Enterprise Division, 2393
Keith Baulk, Director, Enterprise Division, 2393
all
September 27, 2007
CSD-07-088
MEMORIAL GARDEN APPROVAL - THE CHURCH OF ST.
JOHN THE EVANGELIST
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City
Solicitor, with the Church of St. John the Evangelist and The Incorporated Synod of the Diocese
of Huron, granting approval for a scattering garden at the Church's municipal address of 23
Water St. N.; and further;
That Kitchener Council consents to a reduction in the Ministry of Consumer and Commercial
Relations care and maintenance fund standard for new cemeteries from $100,000 to $5,000 for
the scattering garden to be located at 23 Water St. N. in Kitchener and voices no objection on
grounds of public interest to such reduction.
BACKGROUND:
A number of months ago, representatives of the Church of St. John the Evangelist (St. John's)
approached City of Kitchener staff indicating they wished to formalize an established memorial
garden on their church site solely for the purposes of scattering cremated ashes of deceased
parish members and their immediate family members. While the Provincial Minister of
Consumer and Commercial Relations ultimately issues licenses for scattering grounds
(cemeteries), one condition is that approval is required from the municipality where the
scattering garden is proposed. The City approved a similar request in 2004 from St. Georges of
Forest Hill Anglican Church and there has been no issues related to the development or
operation of this memorial garden.
REPORT:
Attached is a copy of excerpts of the application submitted to the City of Kitchener for the
memorial garden at St. Johns. Even though it is only a small garden, the church is required to
complete an application with the Ministry of Consumer and Commercial Relations to operate a
cemetery.
St. John's is requesting approval from the City of Kitchener for two reasons; one, municipal
approval is a condition of the application, and two, they are requesting exemption from the
minimum $1 00,000 perpetual care and maintenance fund start-up that new cemetery operations
are required to submit. This decision is important in that the municipality is responsible for
perpetual maintenance should the church and diocese become insolvent or cease to operate in
the future. Based on the long term stability of the church and the Diocese, and the fact that
minimal care and maintenance would be required on a small memorial garden, operating staff
feel starting with a $5,000 perpetual care fund is reasonable.
Planning, Legal, Engineering, Traffic and Community Services reviewed the application. No
development issues were identified. The church will be required to post notice advising of the
application for Ministry regulations. Based on the internal department review, Community
Services staff are prepared to recommend approval by the City, conditional upon St. John's
entering into an agreement with the City. The agreement would include, but not be limited to
the following:
· Incorporates approval application concepts and statements
· That it be a memorial garden only and only scattering would take place within the
boundaries of the actual designed scattering area (see attachment)
· That it not be a commercial enterprise and only be open to St. John's parishioners and
their immediate family members
· Is subject to final Ministry approval
· Initial establishment of a perpetual care and maintenance fund of $5,000
· A $300 investment into the perpetual care fund for each cremation
· The diocese would assume responsibility for the scattering garden should the church
cease to operate
FINANCIAL IMPLICATIONS:
There is no financial benefit or cost to the City in approving the application. However, the City
could become responsible for perpetual care and maintenance should the Church and diocese
cease to operate. The care and maintenance fund (minimum $5,000) would be transferred to
the City and the amount is deemed to be sufficient to ensure this responsibility is funded in the
future.
CONCLUSION:
Support of the recommendation will allow a family of parishioners and their family members to
be memorialized at their church. At the same time, through the conditions, agreement and the
interests of the City will be protected over the longer term. As well, there is protection for the
consumer since the church will operate under the Cemetery Act, which is the legislation
governing full cemeteries.
Keith Baulk
Director Enterprise Division, Community Services
AP