THE VILLAGE OF BURK’S FALLS
COUNCIL MINUTES

The regular meeting of the Burk’s Falls Council was held on Tuesday January 28, 2003 at 7:00 P.M.. Present were Reeve Joe Van Gaal, Councilors Cathy Still, Alex Millar, newly appointed Bruce Campbell and Rex Smith.

The following Resolutions were passed:

Rex Smith - Cathy Still:
That we adopt the Minutes of the December 17, 2002 meeting as circulated.

Rex Smith - Alex Millar:
That as per the Municipal Act, S.O. 2001, as amended Section 239 (2) the Council for the Village of Burk’s Falls enters into a Closed Session of Council to discuss matters pertaining to solicitor client privilege at 7:20 PM.

Rex Smith - Alex Millar:
That as per the Municipal Act, S.O. 1002, as amended the Council for the Village of Burk’s Falls now exits from a closed meeting of Council at 7:35 p.m.

B. Campbell - Alex Millar:
That we appoint Jean Fraser as our Representative on the Burk’s Falls Armour & Ryerson Union Public Library Board.

Alex Millar - Rex Smith:
That Whereas Section 142 of the Electricity Act, 1998, required municipalities to convert their existing electricity commissions into corporations incorporated under the Business Corporations Act within two years of its enactment; and

Whereas the Corporation of the Village of Burk’s Falls held merger discussions; and

Whereas on September 1, 2000 Lakeland Power Distribution Ltd. was created, being a Business Corporations Act corporation established under Section 142 of the Electricity Act, 1998, for the purpose of converting The Corporation of the Village of Burk’s Falls existing electricity commission in accordance with the Electricity Act, 1998; and

Whereas Lakeland Power Distribution Ltd. continues to operate a highly efficient electricity distribution company for the benefit of taxpayers of the Corporation of the Village of Burk’s Falls; and

Whereas on December 9, 2002, Bill 210, the Electricity, Pricing, Conservation and Supply Act, 2002 received third reading and Royal Assent; and

Whereas Bill 210 amends the Electricity Act, 1998, by adding Section 159.1, to require a municipality that beneficially owns voting securities in a corporation incorporated under Section 142 of the Electricity Act, 1998, to pass a resolution affirming that the corporation should continue to be incorporated as a Business Corporations Act for profit corporation within 90 of Bill 210 receiving Royal Assent; and

Whereas Bill 210 also provides several consequences of failure to pass the required resolution and submit the necessary certificate certifying the passing of the resolution, which consequences includes a prohibition against declaring or paying dividends for the benefit of any person; a prohibition against any kind of disposal of the assets or liabilities of the electricity company; prohibitions against entering into certain contractual arrangements, and an application being deemed to have been made to the Ontario Energy Board for a rate order that incorporates a 9% return on common equity which effectively converts the corporation into a not-for-profit business; and

Whereas Lakeland Power Distribution Ltd. has consistently ensured that the citizens of the Corporation of the Village of Burk’s Falls receive efficient electrical distribution services at competitive rates.

Now Therefore Be It Resolved That:
1.  The Corporation of the Village of Burk’s Falls affirms that Lakeland Power Distribution Ltd., should continue to be incorporated as a Business Corporations Act company as provided in Subsection 142(1) of the Electricity Act, 1998.

2.  The Corporation of the Village of Burk’s Falls affirms that the projected return on common equity to be earned by Lakeland Power Distribution Ltd., on which the rates approved by the Ontario Energy Board are based, is 9.88%.

3.  The Municipal Clerk is requested to prepare and file with the Minister of Energy the necessary certificate required under Section 159.1 in Bill 210.

Cathy Still - B. Campbell:
That we approve the Taxi License for Sandra McNally o/a The Taxi provided all documents and license fees are paid in full.

Rex Smith - Cathy Still:
That the Council for the Village of Burk’s Falls agrees to submit a joint application with the Township of Armour and the Almaguin Highlands Information Centre for a Youth Intern;

And That the Council for the Village of Burk’s Falls will contribute $ 875.00 towards the cost of the Youth Intern Program.

Rex Smith - B. Campbell:
That we approve the application to conduct a raffle lottery as presented by the Burk’s Falls Trappers Association provided all regulations are adhered to.

Alex Millar - Cathy Still:
That we approve the application to conduct a Break Open Ticket Lottery as presented by the Burk’s Falls Figure Skating Club provided all regulations are adhered to.

Alex Millar -  B. Campbell:
That we approve the Application to conduct a Break Open Ticket Lottery as presented by Almaguin Minor Hockey Association provided all regulations are adhered to.

B. Campbell - Alex Millar:
That the council of the Village of Burk’s Falls supports the attached resolution from the Municipality of West Elgin regarding the closure of rural schools.

B. Campbell - Rex Smith:
That the council of the Village of Burk’s Falls supports the January 6, 2003 resolution of McMurrich-Monteith regarding regulations concerning more stringent standards for heating systems.

Rex Smith - Alex Millar:
That we have read and approve By-Law No. 1-2003 being a by-law to authorize Temporary Borrowing;
And That we authorize the Reeve and the Clerk to sign this by-law and affix the Seal of the Corporation thereto.

Rex Smith - B. Campbell:
That we have read and approve By-Law No. 2-2003 being a by-law to establish a charge for interest for non-payment of current taxes.

Alex Millar - Cathy Still
That we have read and approve by-law No. 3-2003 being a by-law to provide for interest to be charged for overdue payments- Tax Arrears.

Rex Smith- Cathy Still:
That by R.S.O. as amended Chapter M45, Section 247(1), the Treasurer of every municipality shall on or before the 15th day of February in each year, submit to the Council of the Municipality an itemized statement of the remuneration and expenses paid to each member of Council in respect of his/her services in the preceding year and to each person mentioned in Subsection 244(1) in respect of his/her services as a member of the Local Board or other body in the preceding year:

Council:                                                                                      Arena Board

Barry Boyes                     $ 5,725.00                                      Karl Crozier                  $1,000.00
Alex Millar                        $  5,250.00
Rex Smith                         $  4,925.00
Cathy Still                         $ 5,050.00
Joe Van Gaal                   $ 5,850.00
Bruce Campbell               $    200.00 

Mileage:
Barry Boyes                   $ 51.80
Alex Millar                       $ 78.40
Joe Van Gaal                 $237.30

We have seen the itemized statement for Councilors etc to 2002 in accordance with R.S.O. Chapter M45, Sec. 247 (1).

Alex Millar - B. Campbell:
That  Council is aware that the Village receives some invoices that must be paid prior to council meetings because of penalties for late payments.

Council is also aware that the treasurer pays for janitorial services bi-weekly and employees wages every second Friday.

The Council authorizes the treasurer to issue cheques for the above, as and when required throughout 2003.

The Council also authorizes the Clerk/Treasurer to purchase necessary stationary supplies, printing supplies, stamps and other materials that are required to efficiently operate the municipal office from day to day throughout 2003.

Rex Smith -  Cathy Still:

That we have seen policy No. CCP7266 for bond coverage for employees in the amount of $1,000,000.00 as per section 92 of the Municipal Act.

Alex Millar - B. Campbell:
That we approve our annual grant to the Huntsville Branch of the Salvation Army in the amount of $ 50.00 for 2003.

Rex Smith - Alex Millar:
That we approve the annual grant to the Burk’s Falls Cemetery in the amount of $ 150.00 for the year 2003.

Rex Smith - Cathy Still:
That we pay the annual membership fee to the East Parry Sound Veterinary Unit in the amount of $40.00.

Cathy Still - B. Campbell:
That we approve the payment of the Annual membership fees to the Parry Sound Municipal Association in the amount of $ 125.00 per year.

Rex Smith - Cathy Still:
That we give a donation in the amount of $ 100.00 to the East Parry Sound Regional Science Fair.

Alex Millar - Rex Smith:
That we donate $500.00 to the Burk’s Falls & District Foodbank for the year 2003.

Alex Millar - Rex Smith:
That we accept the accounts payable as presented up to and including January 28, 2003 in the amount of $ 90,657.01 and we authorize the Clerk/Treasurer to pay same.

Rex Smith - Cathy Still:
That we do now adjourn at 23:00 hr. until the next scheduled meeting of Council of Burk’s Falls February 18, 2003

Jarvis W. Osborne

Clerk/Treasurer