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HomeMy WebLinkAboutADMIN 54-86 TOWN OF NEWCASTLE t REPORT File # V� Res. # i By-Law # NEEDING: SPECIAL COUNCIL DATE: JULY 4 1986 REPORT #: ADMIN. 54 - 86 FILE #: SU ECT: Filling of Vacancy, Newcastle Hydro Electric Commission RECOMMENDATIONS: It is respectfully recommended that Council approved the following: 1 . That report ADMIN. 54 - 86 be received; and 2. That Council appoint a successor to fill the vacancy on the Newcastle Hydro Electric Commission. BACKGROUND AND COMMENT: Following circulation of the attached memorandum, Mayor Winters requested that the matter of a replacement on the Newcastle Hydro Electric Commission be brought before Council at this special meeting. Council should now fill the vacancy as required by Section 42( 1) of the Public Utilities Act. When the candidate has been selected and appointed by resolution of Council the Clerk's Department will arrange for the swearing in of the candidate. The form of the resolution sufficient in this situation could be as follows: Moved by: Seconded by: WHEREAS a vacancy has occured in the membership of the Newcastle Hydro Electric Commission as the result of the passing of Mr. William Morrison; AND WHEREAS Section 42( 1) of the Public Utilities Act requires that the Council of the municipality act immediately to fill the vacancy: . .2 ADMIN. 54 - 86 -2- NOW THEREFORE the Council of the Corporation of the Town of Newcastle resolves that is hereby appointed as a member of the Newcastle Hydro name of person appointed Electric Commission and he shall hold office during the remainder of the term for which his predecessor was elected; And further that the Newcastle Hydro Electric Commission be advised of Council 's decision. Respectfully submitted, C� David W. Oakes , B.A. , A.M.C.T. , C.M.O. , Clerk-Administrator to� .�. �• f w' TOWN OF NEWCASTLE i TO: Mayor John Winters and Members of Council FROM: David W. Oakes, Clerk-Administrator DATE: June 27 1986 SUBJECT: Filling of a Vacancy - Newcastle Hydro Electric Commission I have just been advised of the pasing of Mr. W. Morrison. This has resulted in a vacancy on the Commission which must be filled. Membership on the Newcastle Hydro Electric Commission is by vote held at the same time as the municipal election. Filling of a vacancy which occurs following the election (during the term of office) is provided for in Section 43 ( 1) of the Public Utilities Act R.S.O. 1980, Chapter 423 which provides: 42 ( 1) "Where a vacancy in the Commission occurs from any cause, the Council shall immediately appoint a successor who shall hold office during the remainder of the term for which his predecessor was elected." This differs from the manner in which a vacancy on Council is filled. When a seat on Council becomes vacant, the vacancy is filled in one of several ways. Rather than detail the methodology followed in filling a Council vacancy (since the process does not apply to this situation) , I would refer you to Sections 39 to 48 of the Municipal Act R.S.O. 1980, a copy of which is attached for your information. Following a review of the legislation and a subsequent discussion with the Manager of Newcastle Hydro, who concurs with my findings, it would now be appropriate for Council to select a replacement to fill the vacancy on the Hydro Commission as soon as possible. Council can appoint anyone it chooses, however, you may wish to review the names of the candidates who ran but were not elected. There were three (3) unsuccessful candidates: Name Votes 1 . Brian S. Ferguson 3,624 2. Patrick Mothersill 3,994 �JZ�_. 3. George Van Dyke 4, 118 DWO:nof cc: Clerk's file TOWN OF NEWCASTLE WARANDUM TO: Mayor John Winters and Members of Council - - FU: David W. Oakes , Clerk-Administrator DATE: June 27 1986 SUBJECT: Filling of a Vacancy - Newcastle Hydro Electric Commission I have just been advised of the pasing of Mr. W. Morrison. This has resulted in a vacancy on the Commission which must be filled. Membership on the Newcastle Hydro Electric Commission is by vote held at the same time as the municipal election. Filling of a vacancy which occurs following the election (during the term of office) is provided for in Section 43 ( 1) of the Public Utilities Act R.S.O. 1980, Chapter 423 which provides: 42 ( 1) "Where a vacancy in the Commission occurs from any cause, .the Council shall immediately appoint a successor who shall hold office during the remainder of the term for which his predecessor was elected." This differs from the manner in which a vacancy on Council is filled. When a seat on Council becomes vacant, the vacancy is filled in one of several ways. Rather than detail the methodology followed in filling a Council vacancy (since the process does not apply to this situation) , I would refer you to Sections 39 to 48 of the Municipal Act R.S.O. 1980, a copy of which is attached 'for your information. Following a review of the legislation and a subsequent discussion with the Manager of Newcastle Hydro, who concurs with my 'findings, it would now be appropriate for Council to select a replacement to fill the vacancy on the Hydro Commission as soon as possible. Council can appoint anyone it chooses, however, you may wish to review the names of the candidates who ran but were not elected. There were three (3) unsuccessful candidates: Name Votes 1 . Brian S. Ferguson 3,624 2. Patrick Mothersill 3,994 �LIJ. w—,, 3. George Van Dyke 4,118 DWO:not cc: Clerk's file 1098 Chap, 423 PUBLIC UTILITIES Sec. 37 (4) R peal of (4) A by-law passed by the council of a village for the by-law establishment of a commission without the assent of the establiehing commission electors may be repealed by the council at any time and it is not necessary to obtain the assent of the electors to the repeal. Assent of electors (5) Where a by-law establishing a commission in a village has been passed with the assent of the electors, the by-law may be repealed with the like assent. Effect of repeal (6) Upon the repeal of a by-law establishing a commission under this section, the control and management of the works are vested in the council and the commission ceases to exist. R.S.O. 1970, c. 390, s. 38 (3-6). Commissionshed ished S8• A commission established under The Municipal Light establ under and Heat Act or The Municipal Waterworks Act, being chapters R.8.0.1897, f co.234,236 234 and 235 of the Revised Statutes of Ontario, 1897, or continued under a special Act for the construction or the control and management of works for the manufacture, production or supply of any public utility shall be deemed to be a com- mission established under this Part and the provisions of this Part apply to it. R.S.O. 1970, c. 390, s. 39, commiseion �9•--{1) Where a commission has been established under publiaeral this Part as to any public utility and the corporation desires utilities to entrust the control and management of any other public utility works to a commission, subject to subsection (3), .such control and management shall be entrusted to the commis- sion so established, or if there is more than one commission so established to one of them, or the by-law may provide for placing under the control and management of one com- mission all public utility works owned by the corporation. Name (2) Where the construction of any other utility works and the control and management of them islic entrusted +�Si to any of the commissions mentioned in section 38, the commission thereafter shall be called "The Public Utility Commission of the (naming the municipality)". R.S.O. 1970, c. 390, s. 40 (1, 2). Special provisions (3) Where the corporation of a city or town has entered as to Electric into a contract with Ontario Hydro for the supply of elec- Commiesion trical power or energy, a commission shall be established under this Part for the control and management of the construc- tion, operation and maintenance of all works undertaken by the corporation for the distribution and supply of such elec- trical power or energy, and for the purposes of this subsection it is not necessary that the by-law receive the assent of the electors, or such control and management shall be entrusted Sec. 40 (4) PUBLIC UTILITIES Chap. 423 1099 to an existing public utilities commission, and, where the commission is not entrusted with the control and manage- ment of any other public utility, it shall be called "The Hydro-Electric Commission of the (naming the municipality)". R.S.O. 1970, c. 390, s. 40 (3); 1973, c. 57, s. 19.' (4) Subsection (3) is subject to any special Act providing special for the control and management of such works. R.S.O. 1970,affected c. 390, s. 40 (4). (5) A by-law of the council, for the purposes mentioned certain in subsection (3), shall not be repealed without the consent of not to ee Ontario Hydro. R.S.O. 1970,C.390,s.40(5); 1973,c. 57,s. 19, repealed (6) If no commission has been established under this Part Provision to which the control and management of a sewerage system, for which section 220 of the Municipal Act applies, n,ay be systemge entrusted,a commission may be established under this Part for the R.S.O. 1980, control and management of the sewerage system, and the provi-`.302 sions of this Part apply to it. R.S.O. 1970, c. 390, s. 40. 40.--41) Subject to subsection (4), where a commission has Powers of been established under this Part and the members thereof commission have been elected or where the control and management of any other public utility works are entrusted to a commission established under this Part, all the powers, rights, authorities and privileges that are by this Act conferred on a corporation shall, while the by-laws for establishing the commission or entrusting it with the control and management remain in force, be exercised by the commission and not by the council of the corporation. (2) The officers and employees of the corporation shall be Officers of continued until removed by the commission unless their en- to hold tion gagement sooner terminates, once (3) Every officer, employee and servant of a commission During shall hold office during the pleasure of the commission, pleasure (4) Nothing in this section divests the council of its auth- council ority with reference to providing the money required for moneyide the works, and the treasurer of the municipality shall, upon formworks the certificate of the commission, pay out any money so provided, and nothing in this Act divests the council of the rights and powers conferred upon it by the Local Improve- R.S.O. 1980, meat Act. c. zso I; f 1100 Chap. 423 PUBLIC UTILITIES Sec. 40 (5) Limitations on powers of (5) Where the construction or control and management of a oommisslon public utility works belonging to a municipal corporation is entrusted to a commission, (a) no part of the works shall be undertaken in or extended into and no supply of the public utility shall be furnished to or in any other municipality by the commission without the-consent of the council of the corporation to which the public belong; and utility works (b) no extensions,additions,enlargements,improvements or alterations in, of or to the works shall be under- taken by the commission without the consent of the council of the corporation to which the public utility works belong, if the cost or any part of the cost is intended to be provided for out of moneys that under section 34 are required to be paid to the treasurer of the municipality. R.S.O. 1970, c. 390, s. 41. Number of commis- 41,_._.(1) A commission established under this Part is a sioners body corporate and shall consist of three or five members as may be provided by the by-law, of whom the head of the Rcouncil shall be one ex officio and the others shall be elected C.308 1980 ' ' by general vote at elects held under the Municipal Elec- tions Act. 1979, c. 62, s. 3 (1). `teas (2) When the commission functions in a defined area or areas, the members to be elected shall be elected by the electors of the area or areas, as the case may be. R.S.O. 1970, c. 390, s. 42 (2). Increasing or (3) Where a commission has been in existence for not less deoreasing Commission than five years, the council of the corporation may by by-law provide that from the time of the municipal elections next ensuing the number of members of the commission, (a) if it consists of three members, shall be increased to five members; or (b) if it consists of five members, shall be decreased to three members, subject, however, to the assent of the electors if the existing number of members was established by a by-law passed with the assent of the electors. R.S.O. 1970, c. 390, s. 42 (5). I Sec. 43 (3) PUBLIC UTILITIES Chap. 423 1101 (4) Nothing in subsection(3) affects the ex of cit) membership ead li not in a commission of the head of council. 1979, c. 62, S. 3 (3), affected (5) Where the number of members of a commission is Future increased or decreased by a by-law passed under subsection commission (3), no further change in the number of members shall be made membershtp until the by-law has been in force for not less than five nears. R.S.O. 1970, c. 390, s. 42 (11). (6) Except where otherwise expressly provided, the provi- Mode of sions of Parts II and III of the Municipal Act that are applicable to election R.S.O. 1980, members of the council of a local municipality apply with neces-c.302 sary modifications to the commissioners to be elected under this Part. R.S.O. 1970, c. 390, s. 42 (12); 1979, c. 62, s. 3 (4). 42.--(1) Where a vacancy in the commission occurs from Ftntngor :''.'' ''':'::'•:,:'.•:>i:::: `': vacanotes any cause, the council shall immediately appoint a successor who shall hold office during the remainder of the term for which his predecessor was elected. (2) A majority of the commissioners constitutes a quorum of Quorum the commission. R.S.O. 1970, c. 390, s. 43. 43.--41) The salary, if any, of the commissioners shall salary or from time to time be fixed by the council and no member si ers of the council, except the head thereof, shall at the same time be a member of the commission. R.S.O. 1970, c. 390, s. 44 (1)' (2) Where a commission is established that has the control epprovat or and management of works constructed for the distribution as omharen of electrical power or energy supplied by Ontario Hydro and of costs also the control and management of works for one or more other public utilities, no utility shall be charged with more " than its pro rata share, according to the number of utilities operated, of any costs, charges and expenditures incurred or made by the commission for any joint purpose, including rents and the salaries of the joint employees without the consent and approval of-Ontario Hydro. R.S.O. 1970, c. 390, s. 44 (3); 1973, c. 57, s. 19. (3) Where electrical power or energy received under con- Anurlo or tract from Ontario Hydro is being distributed in a munici- Hydro pality, the electric utility shall not be charged with more oe with ng than its pro rata share approved by Ontario Hydro of any municipality costs, charges and expenditures incurred or made jointly for the purpose of the utility and for any other municipal pur- pose including in such costs, charges and expenditures all rents and the salaries and wages of joint employees. R.S.O. 1970, c. 390, s. 44 (4); 1973, c. 57, s. 19. 1102 Chap. 423 PUBLIC UTILITIES Sec. 44 (1) Repeaiof 44.--(1) The council may, b by aw y, y by-law passed with the assent of the municipal electors, repeal any by-law passed under sections 37, 38 and 39. Apportion- ment of (2) Where a by-law is repealed, the council shall apportion salaries the current year's salary of the commissioners, and any officer or employee of the commission shall be continued until removed by the council unless his engagement sooner ter- minates. R.S.O. 1970, c. 390, s. 45. Booksand accounts Books an 4G•-41) Separate books and accounts of the revenues derived from every public utility under its management shall be kept by the commission, and such books and accounts shall also be kept separate from the books and accounts relating to the other property, funds, or assets connected with such public utility, and such books and accounts shall .be open to inspection by any person appointed for that purpose by the council. R.S.O. 1970, c. 390, s. 46 (1). Idem (2) Subsection (1) is subject to section 3 of the Municipal 1980, c.303 Affairs airs Act. R.S.O. 1970, c. 390, s. 46 (2); 1972, c. 1, c,303 s. 104 (6). Annual tat non 46.--(1) The commission shall on or before the 1st day of FO April in each year or upon such other day as the council may direct, furnish to the council a statement of affairs of each public utility undertaking, including in respect of each undertaking, (a) the number of customers supplied during the previous calendar year; (b) a balance sheet of 'assets and liabilities, including the value of the physical property, the amount of the sinking fund and the amount of current assets, also the amount of outstanding debentures and of current liabilities; and (c) a statement of revenue and expenditure, including the amount received from customers and the amount of other revenue, if any, also the amount expended for operation and maintenance, improvements and extensions, and for salaries and other office and management expenses, and the amount paid or set aside for interest, principal and sinking fund on the debentures. I oouati n (2) The commission shall also furnish such information as may be required by the council at any time. Sec. 49 (3) PUBLIC UTILITIES Chap. 423 1103 ' I (3) The accounts of the commission shall be audited by the uditofs auditors of the corporation, and the commission and its officers shall furnish to the auditors such information and assistance as may be in their power to enable the audit to be made. (4) The commission may, if it so desires, appoint auditors to commission's audit the accounts of the commission, the expense to be borne auditors by the utility. R.S.O. 1970, c. 390, s. 47. 47. A book wherein shall be recorded all the proceedings Records of of the commission shall be kept and shall be open to inspec- t tion by any person appointed for that purpose by the council. R.S.O. 1970, c. 390, s. 48. PART IV I) ALL MUNICIPAL AND COMPANY PUBLIC UTILITIES 48. This Part applies to all municipal or other corpora-AppIioation tions owning or operating public utilities. R.S.O. 1970, c.390, of Part s. 49. 49.—(1) Any person authorized by the corporation for inspection that purpose has free access, at all reasonable times, and of premises upon reasonable notice given and request made, to all parts of every building or other premises to which any public utility is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, wire or rod, within or without the building, or for placing meters upon any service pipe or connection within or without the building as he con- siders expedient and for that purpose or for the purpose of protecting or regulating the use of the meter, may set it or alter the position of it, or of any pipe, wire, rod, connection or tap,and may alter or disconnect any service pipe. (2) The corporation may fix the price to be paid for the Prices for use of the meter, and the times when and the manner in meters which the price shall be payable, and may also recover the expense of such alterations, and such price and the expense of such alterations may be collected in the same manner as rents or rates for the supply of a public utility. (3) Where a consumer discontinues the use of the public Removsai of fittingfrom or the corporation lawfully refuses to continue an premseo longer to supply it, the officers and servants of the corpora-consumers i tion may, at all reasonable times, enter the premises in or upon which the consumer was supplied with the public utility, for the purpose of cutting off the supply of the utility or of I' making an inspection from time to time to determine whether I� ii Newcastle Hydro-Electric 'Commission P.O. Box 130 Bowmanville, Ontario H. Partner, Chairman L1C 31<9 f R.L. Stevens, Vice-Chairman a.�V W.M. Morrison, Member M.J. Watson- Manager I.A. Hamilton, Member Telephone(416) 623-4451-2 J.P. Winters, Mayor or 623-4625 1.3. June 26, 1986 Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanville, Ontario. LlC 3A6 Attention: Mr. David W. Oakes , B.A. , A.M.C.T. , Town Clerk Dear Sir: In keeping within the context of the Public Utilities Act, Section #42, whereby when a vacancy occurs within a Hydro Commission, the Council in power must act to fulfill that vacancy. Therefore, with the passing of Mr. William Morrison, the Chairman of the Commission has requested that the Council take action to fulfill this vacancy and await a reply. Yours truly, r- M.J. Watson, Manager, Newcastle Hydro-Electric Commission. MJW/mw i c.c. - Mayor J. Winters - Members of the Commission i i C