Councillors here are foregoing $400,000 in potential revenue to save 13 trees in Belsyde Cemetery in Fergus.
If the township does recoup the funds through a redesign of the cemetery expansion, it will be at the expense of space in amenity areas such as the woodland walk and cremation garden.
The decision by council on July 23 followed considerable debate that night and also at previous meetings.
Highland Road residents, whose properties back onto the cemetery, argued that removing a row of 13 trees would be detrimental to the views on their properties.
The argument to remove the trees was to maximize use of the remaining cemetery property. To do so, regrading of the property is required to meet minimum hillside grading slopes now required by legislation.
The plan, which was previously endorsed by council, includes the creation of 734 single burial lots to meet demands for about 50 years based on estimated sales of 15 lots per year.
Staff maintained that if the north row of trees remains, the available single lots will be reduced by 176 to 558, which corresponds to about 37 years of cemetery growth.
In other words, the cemetery will lose approximately 13 years worth of lots and $403,000 in revenue based on 2018 full burial lot pricing.
In addition, the revision would require the township to resubmit a new design and lot layout plan to the Bereavement Authority of Ontario for registration.
On June 25, council asked staff to respond to resident concerns.
Included in resident concerns is why the township did not stick to the original design of the cemetery, instead of creating a new design.
Staff responded the previous plan, dating back to 1995, does not take into account the steep slopes and requirements for the township to achieve accessibility under the Accessibility for Ontarians with Disabilities Act (AODA).
To address privacy concerns expressed by Highland Road residents, staff agreed to replace the trees to be removed once the site was graded to meet legislated slopes.
The 2018 capital budget includes $45,000 for tree removal, grading, concrete foundations, tree replanting, and landscaping in Phase 1. Potential revenue for Phase 1, the remaining lots in Block ‘C’ and columbarium area is $2,157,733.
The preliminary cost estimate to develop Block ‘D’ Phase 2 is $998,902, including grading, construction of retaining walls, 736 single burial plots, niche wall (500 niches), columbarium (224 niches), walking path and benches, parking, roadway, various site amenities (benches, signage, garbage receptacles, etc.) and 20% contingency.
The potential revenue for Block ‘D’ Phase 2 is estimated at $4,139,354.
Staff noted the mix of interment types will be determined prior to the next phase of development based on demand.
Staff note that, as of the date of writing the report, there are 13 double adult casket lots for purchase in Block ‘C’ of Belsyde Cemetery.
Should the development of Block ‘D’ not proceed as planned, there may not be an adequate supply of double adult casket lots available in the cemetery by the fall of 2019.
However, as council reviewed the matter, saving the trees became the root of discussion.
Managing director of infrastructure Colin Baker explained there will be a cost to develop the land, with the overall intent of ensuring the cemetery is self-sustaining rather than subsidized by taxation.
Councillor Fred Morris voiced concern about the distance from the roadway to the furthest grave sites. Staff noted space is limited in the cemetery and the distance is similar to those in other local cemeteries.
Using Orangeville as an example, councillor Stephen Kitras said there are other cemeteries located on quite hilly ground. He asked if they were required to meet the slope regulations.
Kitras was told there are quite a few existing cemeteries on uneven terrain, but the slope and accessibility regulations apply only to new cemeteries or cemetery expansions.
Clerk Kerri O’Kane said regulations for new development must meet accessibility requirements.
“We do it in our parks, outdoor spaces and retrofits to public buildings such as the Grand Theatre and the township administration building,” said O’Kane.
CAO Andy Goldie noted that historically the older portion of Belsyde Cemetery is relatively flat and accessible.
O’Kane noted the township went to great lengths to ensure recent work within the cemetery met accessibility requirements.
Councillor Dean Workman asked if the municipality needed to develop the whole property now, noting “plans can change.”
Baker said the project is phased, but development is based on demand. He noted future demands for columbarium burials or other forms of burial would affect the overall development.
Morris asked if there was any thought of altering the area of the scattering garden and trails to include more columbariums and in-ground graves.
“If we were to do that, could we eliminate cutting down the trees?” Morris asked.
Baker said part of that green amenity area would include retaining walls and niche burial places. He considers the niche locations as dual purpose, serving as retaining wall and burial location.
While councillor Steven VanLeeuwen said some ideas presented were great, “realistically this discussion should have happened in the design phase.”
He added he is uncertain about redesigning the entire cemetery expansion, noting the existing plan was approved by council and is now registered.
Mayor Kelly Linton said there are two matters to address: receiving the staff report responding to citizen concerns, and reviewing the proposed tree removal.
“I’m not sure an on-the-fly redesign of the cemetery is the best approach,” Linton said.
Council received the staff report and continued the tree discussion.
Kitras said staff recommended a phased removal of the row of trees and replacing the trees once the property is regraded.
Another option is not to remove the trees, which would result in the removal of 176 in-ground burial plots.
Morris wanted to know if the 176 plots could be placed within the area currently designated as green space.
Staff responded that graves could be put there, but at the loss of the area intended to provide reflection.
Linton said he struggles with the idea of redesigning the cemetery due to several trees, after having gone through the master plan process.
He said this issue has taken significant staff time and resources and noted, “Staff have provided the information requested by council.”
VanLeeuwen also reminded council substantial time and money was spent to develop the master plan for the cemetery.
He agreed that while the tree removal is not nice, “when we look at the amount of time and money we’ve put into this and the potential loss of burial plots for those three trees, I ask myself, if we can’t set things into perspective, I think we have a problem.”
When VanLeeuwen suggested the potential loss of $403,000 in revenue was the equivalent of a four per cent tax increase, Morris quoted U.S. President Donald Trump by calling the comments “fake News.”
Morris offered a different perspective, noting council began its term with a belief in community engagement, openness and transparency.
“The residents of Highland Road have come to us en mass asking for this,” he said, adding there are other residents of the township who also believe in the value of mature trees.
Morris appreciated the township had hired a consultant and developed a master plan, “But that is not the most important point.
“We need to have a cemetery plan that everyone agrees with.”
VanLeeuwen said the issue is not whether or not the township cares about its trees – because it does – but “this is the point where we need to say ‘enough is enough.’”
Councillor Kirk McElwain said, “I don’t know if we’ve done all the due diligence we should have (on behalf of the residents).”
He added, “I think we need to take whatever time is needed to make the right decision.”
Baker said there has been considerable dialogue with residents dating back to 2015 and the master plan process.
“We feel we are at an impasse – with no compromise or alternatives being proposed,” said Baker, adding staff is looking to council for direction.
Councillor Don Fisher said he took time to visit the site and appreciated the concerns of residents.
Fisher said he understood saving the trees would result in the loss of burial plots in the immediate future, but there may be the opportunity to regain those plots elsewhere in a redesign.
He added that since the expansion of the cemetery will take decades, there may be different opportunities to develop the site at that time.
Fisher, who said the trend is to move to columbariums over in-ground burials, asked, “What is wrong with saving the trees?”
Baker said from staff’s perspective there is a financial impact – a potential loss of $403,000. Plus, regardless of any other change, the loss of the plots would count as a redesign and require ministry approval.
Fisher stated any financial loss would be over the entire life of the expansion and therefore could be recouped as part of a redesign.
Workman said it appears the whole plan had been a nightmare from the beginning and perhaps it should not have passed.
He contended it is not something that needs to be pushed through.
Linton explained the cemetery plan was not a rush job. He said staff was directed to maximize the number of plots within the cemetery so that the ball diamond lands would not be needed.
The ball diamond land on St. David Street was originally allocated as Belsyde Cemetery, but over the years, the land became used for recreational activity.
Linton was concerned a decision not to maximize use of the cemetery simply defers the problem to another council.
Goldie stated the plan was overwhelmingly supported by the majority of residents involved in the process.
“This master plan had turned the corner of this cemetery not being subsidized by tax dollars,” said Goldie.
He explained a key part of the plan was that development costs would be covered through burial revenue.
The issue of concern is being raised by one specific portion of the plan by residents adjacent to the cemetery.
After an hour of discussion, council was split but chose option three, which would save the trees but eliminate 176 of burial plots from the 734 plots originally planned.
