THE VILLAGE OF BURK’S FALLS
COUNCIL MINUTES

The regular meeting of the Burk’s Falls Council was held on Tuesday May 27, 2003 at 7:00 P.M..  All members of Council were present.

Delegations to address Council included:

Brenda MacDonald from the Employment Resource Centre. She informed Council of all the programs and services that are available through the resource centre and left some brochures that are available at the Village Office.

William Woods from Canadian Security Alarms.  He was at this meeting to answer any questions Council might have regarding his quote on installing security alarms on Well #3 and the Welcome Centre.

John Atkinson, the By-Law Enforcement Officer.  He gave his report but asked that it be a closed session under section 239 subsection 2(b).

Doug Clute from Clute and Associates.  He briefed Council on the procedures of doing an official plan amendment to incorporate the recommendations of the Harden Environmental Groundwater Study.  He will also make other minor recommendations to the plan and send them through for Council approval.  Armour Township will be notified and asked to do a parallel or similar O.P.A. for the Township.

The Following Resolutions were passed:

Alex Millar - B. Campbell:
That we adopt the Minutes of the April 22, 2003 meeting as circulated.

Alex Millar - B. Campbell:
That as per the Municipal Act S.O. 2001 C. 25 as amended, Subsection 239 (4) the Council for the Village of Burk’s Falls now enters into a Closed Meeting of Council to discuss: Personal matters as provided by Subsection 239(2) paragraph b at 7:35 p.m.

B. Campbell - Alex Millar:
That the Council for the Village of Burk’s Falls now exits from a Closed meeting of council at 7:50 p.m. 

Rex Smith - Cathy Still:
That we approve the raffle Lottery application as presented by the St. Andrew’s Presbyterian Church provided all regulations are adhered to.

Rex Smith - B. Campbell:
That the Council for the Village of Burk’s Falls have read and accept the Quotation from the Ontario Provincial Police to provide 9-1- services to the Village effective September 5, 2003 in the amount of $ 483.58 for the year;

And That the Council for the Village of Burk’s Falls hereby authorizes the Reeve and the Clerk to sign this Agreement on behalf of the Village and affix the Seal of the Corporation thereto.

Rex Smith - Cathy Still:
That we approve the Water/Sewer and Driveway Permit applications as presented from Jim Moffit for Plan 26, Bloc. C River Street provided all fees are paid.

B. Campbell - Cathy Still:
That we have read and accept the quotation as presented from Canadian Security Alarms to supply and install a security system at the Burk’s Falls Welcome Centre in the amount of $ 507.18; And that we authorize the Clerk/Treasurer to order the system and sign the three year monitoring contract at $ 24.95 per month.

Alex Millar - Cathy Still:
That we have read and accept the quotation as presented from Canadian Security Alarms to supply and install an Canadian Security Alarm system at Well No. 3 in the amount of $ 202.23; And hereby authorize the Clerk/Treasurer to order the system and sign the three year monitoring contract, $ 225.00 plus GST added to above quotation for 3 monitored smoke detectors, monitoring contract is for $ 24.95 per month each location.

B. Campbell - Cathy Still:
That the Council for the Village of Burk’s Falls have read the agreement between the Village of Burk’s Falls and the Northern Ontario Heritage Fund re # 27026 Water Treatment Plant;

And that Council authorizes the Reeve and the Clerk to sign this Agreement on behalf of the Village of Burk’s Falls and affix the Seal of the Corporation thereto.

Cathy Still - B. Campbell:
That the Council for the Village of Burk’s Falls recognizes that the Employment Resource Centre funded by Human Resources in the Village of Burk’s Falls has assisted over 250 persons per month in the past year;

And That this service has been a proven asset to the members of the surrounding communities;

Therefore the Council for the Village of Burk’s Falls strongly supports the continuance of the Employment Resource Centre.

Alex Millar - Cathy Still:
That we pay the Account from Robert’s Mobile Sweep for cleaning the Village streets as per their tender price of $ 4018.75 LESS penalty charges of $ 50.00 per day totaling $ 350.00 as the job was not completed as per the tender agreement.

Alex Millar - Rex Smith:
That we accept the Tender from Terrio Road Marking in the amount of $ 226.00 per km plus GST for centreline and edgeline painting.

Alex Millar - B. Campbell:
That the Council for the Village of Burk’s Falls have read the Resolution as presented by the Municipality of Chatham-Kent expressing concern with the Incarceration of Criminals Convicted of First Degree Murder in Minimum Security Facilities;

And That Council is also concerned with the insufficient controls to prevent criminals convicted of first degree murder from being incarcerated in minimum security facilities;

Therefore the Council supports the Municipality of Chatham -Kent in their effort to express concern to the Solicitor General on Canada.

B. Campbell - Alex Millar:
That the Council for the Village of Burk’s Falls have read By-law 17-2003 being a by-law to establish various fees for services of the Burk’s Falls & District Fire Department;

And That we authorize the Clerk and the Reeve to sign this by-law and affix the seal of the Corporation thereto.

Rex Smith - Cathy Still:
That the Council for the Village of Burk’s Falls have read By-law No. 18-2003 being a by-law to govern the proceedings of Council, the conduct of it’s member and the calling of meetings;

And That we hereby authorize the Reeve and the Clerk to sign this by-law and affix the Seal of the Corporation thereto.

B. Campbell - Cathy Still:
That Council for the Village of Burk’s Falls hire Doug Clute of Clute and Associates to prepare an Official Plan Amendment after perusing our present plan and making recommendations.  This amendment to incorporate the recommendations of the groundwater study.

Cathy Still - Rex Smith:
That the Council for the Village of Burk’s Falls have read and approve the Revised 2003 Burk’s Falls Armour and Ryerson Union Public Library Budget as presented in the amount of $ 61,079.00 with Burk’s Falls share being $ 13,579.50;  And that we hereby rescind Resolution 2003-52.

Cathy Still - B. Campbell:
That the Council for the Village of Burk’s Falls purchase an advertisement on the Placemat promotion in the amount of $ 80.00.

Rex Smith - Cathy Still:
That we have read and approve the 2003 Recreation Council Budget in the amount of $ 18,900.00.

Rex Smith - Cathy Still:
That we approve a donation in the amount of $ 400.00 to the Armour Ryerson & Burk’s Falls Agricultural Society for the year 2003.

Alex Millar - B. Campbell:
That Council continue beyond the 11:00 p.m. curfew in order that the remainder of the agenda may be finished.

Alex Millar - B. Campbell:
That we accept the Accounts Payable as presented up to and including May 27. 3002 in the amount of  $78,817.06 and hereby authorize the Clerk/Treasurer to issue cheques for same.

Alex Millar - Cathy Still:
That Whereas the Province has enacted the Safety Drinking Water Act, 2002 and is “committed to ensuring Ontario has and enforces the best and toughest clean water policies in the world” and;

Whereas the Act places the responsibility entirely on municipal officials as owners and operators of drinking water systems; and

Whereas certain provisions of the Act include a standard of care, referring to the “care, diligence and skill that a reasonably prudent person would be expected to exercise” that remain undefined with no clear detail or guidelines; and;

Whereas the Act provides for harsh penalties, including offences and personal liability to individuals charged with the responsibility of drinking water operations that fail to met the standard of care implied in the Act; and;

Whereas Section 154 of the Act provides for protection from personal liability in respect of any act done in good faith in the execution or intended execution of any duty or authority under the Act, or for any alleged neglect or default in the execution in good faith or authority under the Act, and;

Whereas the above protection is applicable to employees of the Ministry of the Environment and the Ontario Clean Water Agency (OCWA), but is not extended to municipal officials as owners and operators of the drinking water systems, and;

Whereas no one is more concerned over safe drinking water that municipalities as the delivery agent for its own citizens and yet are subject to a harsher regime of consequences in the event of non-compliance in comparison to other agents and persons also charged with certain responsibilities in providing safe drinking water, and;

Whereas this matter is of grave concern to both elected and appointed officials for municipalities that are owners/operators of drinking water systems;

NOW THEREFORE BE IT RESOLVED THAT:

1.  The Ministry of the Environment define and provide clear detail as to the specific actions that a “reasonably prudent person” would be expected to exercise in the course of their duties in determining the standard of care that is to be followed within the meaning of the Act,

2.  That the provisions of Section 154 of the Act be amended or a regulation provided  thereto, so as to afford the same protection from personal liability contained within the said section to the officers and directors of municipal corporations as owners/operators of drinking water systems.

3. That this Resolution be forwarded to the Minister of the Environment and the Minister of Municipal Affairs.

Cathy Still - B. Campbell:
That we do now adjourn at 11:45 p.m. until the next regular meeting of Council to be held on June 24, 2003.

Jarvis W. Osborne

Clerk/Treasurer