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AGENDA - Special Council - 20040622TOWN OF AURORA SPECIAL COUNCIL AGENDA BOREALIS NIIORO ELECTRIC NOlDIN6S INC. ANNUAL SUAREN9lDENS'MEETING NO.0421 iNESBAr,IUNEY2,Y004 5:00 px COUNCIL CHAMBERS PUBLIC RELEASE 18/06/04 TOWN OF AURORA SPECIAL COUNCIL BOREALIS HYDRO ELECTRIC HOLDING INC. ANNUAL SHAREHOLDER'S MEETING AGENDA NO. 04-21 Tuesday, June 22, 2004 I DECLARATIONS OF PECUNIARY INTEREST 11 APPROVAL OF AGENDA RECOMMENDED: THAT the content of the Agenda as circulated by the Corporate Services Department be approved as presented. III RECEIPT OF MINUTES Borealis Hydro Electric Holding Inc., Annual Shareholder's Meeting Minutes No. 03-21, Tuesday, July 15, 2003 RECOMMENDED: THAT the Minutes of Meeting No. 03-21 be received for information. IV DELEGATIONS (pg. 1) Mr. John Sanderson, President and CEO of Aurora Hydro (pg. 4) Connections Limited to present Council with an overview of the significant activities undertaken by Aurora Hydro in 2003 and current initiatives for 2004. Special Council Agenda No. 04-21 Page 2 of 3 Tuesday, June 22, 2004 V READING OF BYLAWS RECOMMENDED: THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 4553-04.0 BEING A BY-LAW to (pg. 40) Confirm Actions by Council Resulting From The Special Council Meeting - Tuesday, June 22, 2004. VI 1N CAMERA None V11 ADJOURNMENT Special Council Agenda No. 04-21 Page 3 of 3 Tuesday, June 22, 2004 AGENDA ITEMS 1. Consolidated Financial Statements, December 31, 2003 (pg. 14) RECOMMENDED: THAT the attached Consolidated Financial Statements, December 31, 2003, as approved by the Board of Directors, and the accompanying Management Discussion and Analysis be received for information. 2. Memorandum from John Sanderson, President and CEO of (pg. 36) Aurora Hydro Connections Limited Re: Appointment of Auditors for Borealis Hydro Electric Holdings Inc. RECOMMENDED: THAT Grant Thornton LLP be re -appointed as the auditors of the Borealis Hydro Electric Holdings Inc. 3. Memorandum from John Sanderson, President and CEO of (pg. 37) Aurora Hydro Connections Limited Re: Appointment of Directors for Borealis Hydro Electric Holdings Inc. RECOMMENDED: THAT the Shareholder accept the nominations of Mr. Calvin White and Mr. Dan Sooley to be re -appointed to the Board of Directors for a 3-year term. SPECIAL COUNCIL JUNE 22 2004 5:00 PM TOWN OFAURORA SPECIAL COUNCIL BOREALIS HYDRO ELECTRIC HOLDINGS INC. ANNUAL SHAREHOLDER'S MEETING MINUTES NO. 03-21 Council Chambers Aurora Town Hall Tuesday, July 15, 2003 ATTENDANCE MEMBERS ABSENT TOWN STAFF HYDRO BOARD OF DIRECTORS HYDRO LEGAL COUNSEL HYDRO STAFF Mayor Jones in the Chair; Councillors Griffith, Kean, MacEachern, Pedersen, Timpson, Vrancic and Wallace Councillor West was absent Chief Administrative Officer, Administrative Co- ordinator/Deputy Clerk and Treasurer Gord Lytle, Jane Murray, John Sanderson, Dan Sooley, and Calvin White Mark Rodger, Borden Ladner Gervais Allister Byrne, Grant Thornton LLP Mike Bunn, Grant Thornton LLP David Frye, Acting Chief Financial Officer Cooky Ellis, Secretary Mayor Jones called the meeting to order at 4:00 p.m. DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 1l APPROVAL OFAGENDA Moved by Councillor Griffith Seconded by Councillor Timpson THAT the content of the Agenda be approved as presented. CARRIED -1- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Special Council Meeting No. 03-21 Page 2 of 3 Borealis Hydro Electric Holdings Inc. Annual Shareholder's Meeting Tuesday, July 15, 2003 III ADOPTION OF MINUTES Borealis Hydro Electric Holding Inc. Shareholder's Meeting Minutes No. 01- 03, Monday, February 3, 2003 Moved by Councillor Griffith Seconded by Councillor Timpson THAT the Minutes of Meeting Number 01-03 be adopted as printed and circulated. CARRIED 1V DELEGATIONS None, V CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 2 and 4 were Identified for separate discussion. VI ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION Moved by Councillor Griffith Seconded by Councillor Pedersen THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to Council and Staff be authorized to take all necessary action required to give effect to same: 3. Borealis Hydro Electric Holding Inc. Shareholder's Meeting #02.03 Aurora Hydro Strategic Action Plan THAT the Aurora Hydro Strategic Action Plan be received for information. 5. Appointment of Auditors Borealis Hydro Electric Holding Inc. THAT Grant Thornton LLP be re -appointed as the auditors of the Borealis Hydro Electric Holding Inc. 6. ADM03.012 — Borealis Holdings Incorporated: Revised Shareholder Declaration Board of Directors Appointments THAT the Mayor and Clerk be authorized to execute a Revised and Restated Shareholder Declaration relating to Borealis Holdings Incorporated directing that the person holding the position of Town Treasurer/Director of Finance be a member of the Board of Directors. THAT Jane Murray be appointed to the Board of Directors of Borealis Holdings Incorporated for a 3-year term; THAT Allan Evelyn the Treasurer and Director of Finance for the Town of Aurora be appointed to the Board of Directors of Borealis Holdings Incorporated. CARRIED -2- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Special Council Meeting No. 03-21 Page 3 of 3 Borealis Hydro Electric Holdings Inc. Annual Shareholder's Meeting Tuesday, July 15, 2003 VI IN CAMERA Moved by Councillor Pedersen Seconded by Councillor Griffith THAT Council proceed In Camera to address personnel matters subject to solicitor/client privilege. CARRIED Council resolved into an in camera session to address personnel matters subject to solicitor/client privilege at 4:05 p.m. Council resumed in public session at 5:55 p.m. VII ITEMS REQUIRING SEPARATE DISCUSSION 2. 4. Borealis Hydro Electric Holding Inc. Shareholder's Meeting #02-03 Year in Review and Current Initiatives Update Mr. John Sanderson gave an update including a review of events during the deregulation of the hydro industry and the current initiatives of Aurora Hydro Connections. MovedbyCouncillor MacEachern Seconded by Councillor Pedersen THAT the Year in Review and Current Initiatives Update be received for information. CARRIED Borealis Hydro Electric Holding Inc. Shareholder's Meeting #02.03 Consolidated Financial Statements, December 31, 2002 Moved by Councillor Timpson Seconded by Councillor Griffith THAT the Consolidated Financial Statements, December 31, 2002 be received for information. CARRIED VIII OTHER BUSINESS, COUNCILLORS Mayor Jones thanked Mr. Gord Lytle, retiring Member of the Board of Directors for Aurora Hydro Connections, for his dedication and service to Aurora Hydro and wished him all the best in the future, Mayor Jones congratulated Allan Evelyn, Treasurer for the Town of Aurora, for his appointment and Jane Murray on her re -appointment to the Board of Directors of Borealis Holdings Incorporated. Councillor Kean enquired if the past financial statements for Aurora Hydro were available to the public. Mr. Sanderson advised Council that they were available. IX ADJOURNMENT Moved by Councillor Griffith THAT the meeting be adjourned'at 6:20 p.m. CARRIED -3- SPECIAL COUNCIL JUNE 22 2004 5:00 PM AURORA HYDRO CONNECTIONS LIMITED MEMO TO: Aurora Town Council FROM: John L. Sanderson President and CEO DATE: June 18, 2004 SUBJECT. Year in Review and Current Initiatives Update At the June 22, 2004 Borealis Hydro Electric Holdings Inc. Shareholders' Annual General meeting, the attached presentation will be made. The presentation provides information to Town Council with respect to significant activities undertaken by Aurora Hydro in 2003 and to review current initiatives underway in 2004. The presentation will be made for information purposes. Q� SPECIAL COUNCIL JUNE 22 2004 5:00 PM ct • O A-. ct to !�1 O U N �-1 O O CIO -5- SPECIAL COUNCIL JUNE 22 2004 5:00 PM N CC3 �t +� O •� cn cn c • ct N bct ct o ct o � 0 M ram'-' ct 0cn 'In Me SPECIAL COUNCIL JUNE 22 2004 5:00 PM N O O � N 4 V1 V 1 `� � U � ct w c, O O � O � f m —7— SPECIAL COUNCIL JUNE 22 2004 5:00 PM • 0 I —8— SPECIAL COUNCIL JUNE 22 2004 5:00 PM O ct N O O ct by � ct •p '+ ct U cn o In w W N kn 11 -9- SPECIAL COUNCIL JUNE 22 2004 5:00 PM ,M o ct ct U c 0 0 0 N N I -10- SPECIAL COUNCIL JUNE 22 2004 5:00 PM ti -11- SPECIAL COUNCIL JUNE 22 2004 5:00 PM c c cn Ocn cO '•� ct O ct cn o ct U •� •cn � O N 0 ti -12- SPECIAL COUNCIL JUNE 22 2004 5:00 PM c) � N ct va � b,Q ct ►� � 4 • � ti o •� �' c cn ap ct -13- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 TO: Aurora Town Council FROM: John L. Sanderson, President and CEO DATE: June 18, 2004 AGENDA ITEM # age SUBJECT. Consolidated Financial Statements, December 31, 2003 Recommendation THAT the attached Consolidated Financial Statements, December 31, 2003, as approved by the Board of Directors, and the accompanying Management Discussion and Analysis be received for information. Highlights • Interest paid to the Town on the Promissory Note at 7.25 % per annum of $923K (K = 1,000). • Net earnings amounted to $414K, after interest and taxes, representing a 3.0% return on shareholder's equity. • Interest and net earnings represent a 5.1 % return on the total investment by the Town. • An investment of $2,626K was made in capital assets to serve the needs of a growing community. Background The attached audited financial statements are the consolidated financial statements of Borealis Hydro Electric Holdings Inc. (the "Corporation"), the holding company of Aurora Hydro Connections Limited ("AHCL"). AHCL is the operating company which owns the assets and operates the electrical distribution business of the former Aurora Hydro Electric Commission. The financial results of AHCL for the fiscal year ended December 31, 2003, are included in these consolidated statements. Any reference to the Corporation should be taken as also referring to AHCL. Several factors have had a significant effect on the financial results in 2003: -14- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Page 2 • In 2003 saw a full year of the requirements of Bill 210 which was introduced late in 2002, and capped the price of electricity at the fixed rate of $0.043 per kWh for residential, low volume and designated customers (Municipalities, Universities, Schools, Hospitals and other non-profit organizations). • A decrease in the actual quantity of electricity consumed in 2003 compared to 2002. This was due to both more extreme summer and winter temperatures in 2002 compared to 2003. There was also a minor effect from the August 2003 blackout and subsequent conservation efforts. • Continued growth in the number of customers. The capping of wholesale market services charges by the IMO under bill 210 slowed the growth of the retail variance accounts component of the regulatory assets and helped improve the cash position. Bill 4 was introduced late in 2003. This raises the fixed rate for electricity to $0.047 per kWh on the first 750 kWh per month and $0.055 per kWh for the balance, starting April 1, 2004. As well it allows for a distribution rate increase as of April 1, 2004 to allow partial recovery of regulatory assets over four years. Under Bill 4, the next distribution rate increase for the third and final step to the market based rate of return is scheduled to occur in 2005 but this increase will have to be spent on demand side initiatives in the first year. Below are our comments regarding significant changes in 2003 financial amounts compared to 2002. Consolidated Statements of Earnings and Retained Earnings (Page 2) • Revenue decreased $3,408K (K = 1,000). • Cost of power decreased $4,110K. In 2003, the effects of Bill 210 resulted in lower overall revenues since electricity revenue was recorded at the fixed rate of $0.043 for residential and other low volume and designated customers. Average spot market price of electricity was similar in both years, approximately $0.058 per kWh. —15— SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Page 3 Similarly the cost of power was much lower since the cost of the power sold at the fixed rate of $0.043 per kWh was reduced to the same rate on the purchase side by the IMO. The drop in revenue and cost of power was further intensified by an actual decrease in electrical usage in 2003 compared to 2002. • Gross Margin increased $702K or 13.5%. This is AHCL's actual revenue, representing what it is permitted to collect for providing the services related to the distribution of electricity in its service area. Amounts charged for electricity, wholesale market services and transmission are a pass through at cost since market opening, May 1, 2002, as per the Electricity Act of 1998. The last distribution rate change was May 1, 2002, coincidental with Market Opening, and incorporated the second of three steps to the market based rate of return. The increase in Gross margin was attributable mainly to having the new rates for 12 months in 2003 versus 8 months in 2002. Growth in the number of customers also contributed to this increase. • Operations and maintenance expense increased by $76K (9%). Approximately $36K of this increase was due to wage increases and increased costs from suppliers. The balance of $40K was due to higher than expected unplanned repairs and maintenance. • Administration expense increased $293K (23.2%). Wages and cost increases from suppliers account for approximately $83K. The remaining increase of $21 OK was due mainly to: Staffing changes accounted for approximately $175K of the increase. o Staff termination and associated costs. o Director of Engineering and Operations position was created and filled mid -year, in response to growth and increasing regulatory demands. Building repairs and maintenance increased $31 K over 2002 due to both higher planned maintenance and higher unplanned maintenance and repairs. —16— SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Page 4 Insurance costs increased $11 K or 30% over the prior year. Billing and collection increased by $60K or 8.0%. Wages and cost increases from suppliers accounted for approximately $23K. The remaining increase of $37K was due mainly to: o Additional temporary staff to deal with regulatory demands and increased number of customers. o There were 12 months of monthly meter reading and billing in 2003 compared to 8 months for residential accounts, resulting in increased meter reading, postage and related costs. The change from 60 day to a monthly billing cycle for all customers was introduced in May 2002. Previously only commercial accounts were billed monthly. Earnings before interest and income taxes increased by $252K or 21 %. This is the net effect of the distribution revenue increase and costs increases discussed above. • Interest costs decreased $231 K This was due to the fact there were 12 months of interest on the Promissory Note in 2003 compared to 15 months of interest in 2002 which included interest for October 1, 2001 to December 31, 2001. Income taxes increased $5K There was only a slight increase in capital taxes based in growth in the Corporation's assets. The increase in income was sheltered from Payments in Lieu of Income Taxes by tax losses carried forward from 2001. Net earnings increased $478K. This was the net result of the changes in revenue and expenses discussed above. Retained Earnings increased $414K or 30.8% Increase was due to increase in net earnings discussed above. —17— SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Page 5 This represented a 3% return on Shareholder's equity at the start of the year. Consolidated Balance Sheet (Page 3) • Cash and cash equivalents increased $1,783K A number of factors contributed to improved cash position o Issues surrounding billing as a result of Bill 210 were resolved in 2003 allowing billing and collections to return to normal. o Bill 210 capped wholesale market services charges from the IMO slowing the growth of the retail variance accounts. o Increases in customer deposits. The level of cash and equivalents barely met banking covenant requirements. Working capital levels were below that allowed by the Ontario Energy Board. • Accounts Receivable decreased $3,549K • Unbilled revenue increased $1,400K Receivables were much higher in 2002 and unbilled lower due to the accrual of the Bill 210 phase 2 refunds for the reduction to $0.043 per kWh for residential, low volume and designated customers for May 1 to November 30, 2002. After adjusting for the Bill 210 refunds in 2002, the decrease in receivables can be attributed to the lower price of electricity at the end of 2003 compared to 2002. Average price for December 2003 was $0.048 per kWh compared to $0.060 per kWh for December 2002. After adjusting for the Bill 210 refunds in 2002, there is a decrease in unbilled revenues which were unusually high at December 31, 2002 due to delays in billing related to the billing software and Bill 210. At December 31, 2003 billing is up to date. Lower prices also contributed to the decrease. • Capital assets increased $1,002K or 4.9% Net addition to capital assets consisted of $2,626K in additions (net of capital contributions by customers for new development) less depreciation of $1,624K. 010 SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Regulatory assets increased $898K or 40.9% (Note 5, Page 9) Regulatory assets are made up of: Retail services variance Market ready costs Retail service. between what and transmissl for these costs o variances AHCL paid Dn services $2,601 K 84.1 % $ 491K 15.9% accounts are made up of for power, wholesale market and what AHCL was able to Page 6 the differences services (WMS) bill to customers Under the Electricity Act of 1998, these costs are intended to be passed through to customers. Retail services variances grew rapidly in 2002 by $1,740K from May 1, 2002 to December 31, 2002, an average rate of approximately $218K per month. The most significant variances were for power and wholesale market charges. In the summer of 2002, imported power charges were billed by the IMO under WMS causing a difference of $750K more charged than AHCL was allowed to bill to customers. Retail services variances grew in 2063 by $861 K, an average rate of $72K per month. This slowing of the growth in the variance accounts is attributable to a capping of wholesale market charges from the IMO under Bill 210 effective from December 1, 2002. Market ready costs are made up of the costs involved in revamping systems to meet the new regulatory and billing requirements. • Payables and accruals decreased $468K or 10.5%. The decrease is attributable mainly to the lower cost of electricity payable at December 31, 2003 compared to December 31, 2002. Current portion due to developers increased $348K Due to developers increased $283K This reflects AHCL's share of the cost of developer installed distribution assets using an economic evaluation that compares the net present value of costs and revenues generated by the development in accordance with the Distribution System Code. Customer deposits increased $209K or 31 % —19— SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Shareholder Meeting # 01-04 Page 7 Security deposits taken on new electrical accounts have contributed to the improved cash position. Unearned capital contributions increased $604K or 221 %. This increase is due to the high level of development activity and the number of projects in progress. • Shareholder's equity increased $414K or 3%. AHCL's rate of return has increased significantly over 2002 to 3% but is still below the allowed 6.5% return (213`ds of the regulated market based rate of return of 9.8%). This is due in part to a decision by the former Aurora Hydro Electric Commission to decrease rates due to excess working capital in the years leading up to the new market regulations. Consolidated Statement of Cash Flows (Page 4) Cash Increased $1,783K The net change in non -cash working capital of $1,824K was the main factor in the improved cash position. o The decrease in receivables accounted for most of this. o Issues with. billing and refunds around the implementation of Bill 210 at the end of 2002 had an adverse effect on receivables and cash. This situation has returned to normal in 2003. Customer deposits and unearned capital contributions combined accounted for an increase in cash of $813K. Contributions to cash were offset by a net addition to fixed assets of $1,002 funded in part by $631K paid for by developers yet to be re- imbursed. Increases in regulatory assets of $898K continued to have a negative affect on the cash position. -20- -- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Consolidated Financial Statements December 31, 2003 Grant Thornton V -21- __SP-ECIAL--COU-UCIL- JUNE 22 2004 5:00 PM Contents Auditors' Report Consolidated Statements of Earnings and Retained Earnings Consolidated Balance Sheet Consolidated Statement of Cash Flows Notes to the Consolidated Financial Statements Grant Thornton Paae 5-13 -22- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Grant Thornton P Grant Thornton LLP Chartered Accountants Management Consultants Auditors' Report To the Shareholder of Borealis Hydro Electric Holdings Inc. We have audited the consolidated balance sheet of Borealis Hydro Electric Holdings Inc. as at December 31, 2003 and the consolidated statements of earnings and retained earnings and cash flows for the year then ended. These consolidated financial statements are the responsibility of the Corporation's management. Our responsibility is to express an opinion on these consolidated financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the consolidated financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the consolidated financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these consolidated financial statements present fairly, in all material respects, the financial position of the Corporation as at December 31, 2003 and the results of its operations and cash flows for year then ended in accordance with Canadian generally accepted accounting principles. Markham, Canada April 9, 2004 1s Allstate Parkway Suite 200 Markham, Ontario L3R 5B4 T (416) 366-0100 F (906)475-8906 E Markham@GrmtThornton.ca W www.GrantThomton.ca Canadian Member of Grant Thornton Intematlonal Grant Thornton LLP Chartered Accountants -23- SPECIALCOUNCILJUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Consolidated Statements of Earnings and Retained Earnings Year Ended December31 2003 2002 Revenue Distribution and sale of power prior to Open Access $ $ 11,090,117 Sale of power after Open Access 27,394,444 21,345,076 Distribution 5,899,605 4,266,958 33,294,049 36,702,151 Cost of power Power purchased prior to Open Access 10,159,458 Power purchased after Open Access 27,394,444 21,345,076 27,394,444 31,504,534 Gross margin 5,899,605 5,197,617 Other revenue 336,870 357,202 Expenses Operations and maintenance 872,707 797,195 Administration 1,556,648 1,263,865 Depreciation 1,545,571 1,544,585 Billing and collecting 813,970 753,887 4,788,896 4,359 532 Earnings before interest and income taxes 1,447,579 1,195,287 Interest on long term debt 923,360 1,154,200 Earnings (loss) before income taxes 524,219 (41,087) Income taxes (Note 13) 110,000 105,000 Net earnings (loss) $ 414,219 $ (63,913 Retained earnings, beginning of year Net earnings (loss) Retained earnings, end of year $ 1,343,077 $ 1,406,990 414,219 (63,913 $ 1,757,296 $ 1,343,077 See accompanying notes to the consolidated financial statements. Grant Thornton -24- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Consolidated Balance Sheet December31 2003 2002 Assets Current Cash and cash equivalents $ 2,177,519 $ 394,028 Receivables 2,913,893 6,463,354 Unbilled revenue 2,942,467 1,542,565 Inventory 501,230 688,719 Prepaids 196,650 152,147 8,731,759 9,240,813 Capital assets (Note 4) 21,427,373 20,425,603 Regulatory assets (Note 5) 3,092,460 2,194,486 Investment 9.240 9,720 $ 33,260,832 $ 31,870,522 Liabilities Current Payables and accruals $ 3,992,026 $ 4,460,315 Current portion due to developers (Note 6) 348,000 , 4,340,026 4,460,315 Customer deposits 881,774 672,876 Unearned capital contributions 876,830 272,654 Due to developers (Note 6) 283,306 - Long term debt (Note 7) 12,736,000 12,736,000 19,11I T 936 18,141, 845 Shareholder's Equity Share capital (Note 8) 12,385,600 12,385,600 Retained earnings 1,757,296 1,343,077 14,142,896 13,728,677 $ 33,260,832 $ 31,870,522 Commitment and Contingent liabilities (Note 14 and 15) See accompanying notes to the consolidated financial statements. Grant Thornton;? 9 -25- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Consolidated Statement of Cash Flows Year Ended December 31 2003 2002 Cash derived from (applied to) Operating Net earnings (loss) $ 414,219 $ (63,913) Items not affecting cash: Depreciation 1,624,366 1,544,585 Amortization of investment 480 480 2,039,065 1,481,152 Net change In non -cash working capital balances (Note 9) 1,824,256 (1,535,343) 3,863,321 (54,191) Financing Increase (decrease) in unearned capital contributions 604,176 (362,238) Increase in amount due to developers 631,306 - Increase in long term debt - 12,736,000 Increase in customer deposits 208,898 55,871 Decrease in share capital W (12,736.00 1,444,380 (306.367) Investing Net additions to capital assets (2,626,236) (803,191) Net additions to regulatory assets (897,974) (2,142,855) (3,524,210) (2,946,046) Net increase (decrease) in cash and cash equivalents 1,783,491 (3,306,604) Cash and cash equivalents, beginning of year 394,028 3,700,632 Cash and cash equivalents, end of year $ 2,177,519 $ 394,028 See accompanying notes to the consolidated financial statements. Grant Thornton 4 -26- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31.2003 Nature of operations Borealis Hydro Electric Holdings Inc. (the Corporation) distributes electricity to the residents and businesses in the Town of Aurora under license issued by the Ontario Energy Board (OEB). The Corporation is wholly owned by the Town of Aurora. The Electricity Act, 1998 provides for a competitive marketplace in the sale of electricity. Ontario's wholesale and retail electricity markets became open to competition May 1, 2002 (Open Access). The Ontario Energy Board Act, 1998 (Ontario) (OEBA) conferred on the Ontario Energy Board (OEB) increased powers and responsibilities to regulate the electricity industry. These powers and responsibilities include the power to approve or fix rates for the transmission and distribution of electricity, the power to provide continued rate protection for rural and remote electricity consumers, and the responsibility for ensuring that distribution companies fulfil obligations to connect and service customers. The OEB may also prescribe license requirements and conditions to electricity distributors, which may include among other things, specified accounting records, regulatory accounting principles, separation of accounts for distinct businesses and filing and process requirements for rate setting purposes. 2. Summary of significant accounting policies Cash and cash equivalents Cash and cash equivalents include cash on hand, bank balances, money market funds and guaranteed investment certificates. Inventory Inventory consists of repair parts, supplies and materials for maintenance and future capital expansion and are valued at the lower of cost (determined on a first -in, first out basis) and net realizable value. Rate -setting The electricity distribution business is subject to rate regulation by the OEB. The OEB has the general power to include or exclude costs, revenues, losses or gains in the rates of a specific period, resulting in a change in the timing of accounting recognition from that which would have applied in an unregulated company. This change in timing gives rise to the recognition'of regulatory assets. These regulatory assets reflect the fact that revenue and expenses are recognized in the financial statements in different periods consistent with their inclusion in rates, as directed by the regulator, than would be the case for an enterprise that is unregulated. Specific regulatory assets recognized at December 31, 2003 are disclosed in Note 5. Grant Thornton IS 5 -27- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 2. Summary of significant accounting policies (continued) In a letter dated December 19, 2003, the Minister of Energy granted approval for distributors to make application to the OEB with regard to rate recovery of certain distribution regulatory assets whose Inclusion in rates was delayed by the Electricity Pricing, Conservation and Supply Act, 2002 (Electricity Pricing, Conservation and Supply Act). As a result of the Corporation's distribution rate application dated January 23, 2004, these distribution regulatory assets are expected to be recovered in distribution rates over four years, commencing April 1, 2004. However, the amount to be recovered will be subject to a yet to be determined OEB review and approval process, expected to occur later in 2004. The Corporation continually assesses the likelihood of recovery of each of its regulatory assets and believes that it is probable that its regulatory assets and liability will be factored Into the setting of future rates. If future recovery through rates is no longer considered probable, the appropriate carrying amount will be written off in the period that the assessment is made. The following regulatory treatments have resulted in accounting treatments differing from Canadian GAAP for enterprises operating in a non -regulated environment: • Market ready costs have been deferred in accordance with the criteria set out in the OEB Electricity Distribution Rate Handbook, the Accounting Procedures Handbook and in subsequent OEB guidelines. In the absence of such regulation, these costs would have been expensed when incurred under Canadian GAAP; • The Corporation has deferred certain retail settlement variance amounts under the provisions of Article 490 in the OEB Accounting Procedures Handbook; Revenue recognition Prior to Open Access, revenues attributable to the sale and delivery of electricity were based on OEB approved bundled rates. Since Open Access, revenues are based on OEB approved unbundled rates and are recognized as power is delivered to customers. The Corporation estimates the monthly revenue for the period based on customer's usage because customer meters are not generally read at the end of each month. Unbilled revenue is recognized for customer usage not billed at December 31, 2003. Depreciation Capital assets are depreciated by the straight-line method over periods approximating their estimated useful lives as follows: Distribution system 17 - 37 years Other capital assets 5 -15 years When capital assets are sold or scrapped, the cost of the asset and the related accumulated depreciation is removed from the accounts with the resulting net gain or loss being included in operations for the year. Grant Thornton OHM SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 2... Summary of significant accounting policies (continued) Contributions for capital construction Capital contributions are required contributions received from outside sources used to finance additions to capital assets. Earned contributions are treated as a "credit contra account' included in the determination of capital assets. The amount is subsequently depreciated by a charge to accumulated depreciation and a credit to depreciation expense, at an equivalent rate to that used for the depreciation of the related capital asset. Corporate income and capital taxes Under the Electricity Act, 1998, the Corporation Is required to make payments in lieu of corporate income taxes to the Ontario Electricity Financial Corporation. These payments are calculated In accordance with the rules for computing income and taxable capital and other relevant amounts contained in the Income Tax Act (Canada) and the Corporation Tax Act (Ontario) as modified by the Electricity Act, 1998 and related regulations. The Corporation provides for payments in lieu of corporate income taxes relating to its regulated business using the taxes payable method as directed by the OEB. Under the taxes payable method, no provisions are made for future income taxes as a result of temporary differences between the tax basis of assets and liabilities and their carrying amounts for accounting purposes. When unrecorded future income taxes become payable, it is expected that they will be included in the rates approved by the OEB and recovered from the customers of the company at that time. This regulation accounting treatment differs from Canadian generally accepted accounting principles for enterprises operating in a non -regulated environment. Pension plan The Corporation provides a pension plan for its employees through the Ontario Municipal Employees Retirement System ("OMERS"). OMERS is a multi -employer pension plan which operates as the Ontario Municipal Employees Retirement Fund (the "Fund") and provides pensions for employees of Ontario municipalities, local boards, public utilities and school boards. The Fund is a contributory defined benefit pension plan financed by equal contributions from participating employers and their employees and by the investment earnings of the Fund (Note 10). Other post -employment benefit plans Employee future benefits provided by the Corporation include life insurance benefits and voluntary exit incentive program liability. These plans provide benefits to certain employees when they are no longer providing active service. Employee future benefit expense Is recognized in the period in which the employees render the services. Grant Thornton E4 7 -29- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 2. Summary of significant accounting policies (continued) Employee future benefits are recorded on an accrual basis. The accrued benefit obligations and current service cost are calculated using the projected benefits method pro rated on service and based on assumptions that reflect management's best estimate. The current service cost for a period is equal to the actuarial present value of benefits attributed to employees' services rendered in the period. Past service costs from plan amendments are amortized on a straight- line basis over the average remaining service period of employees active at the date of amendment. Actuarial gains (losses) are amortized into expense on a straight-line basis over the average remaining service period of active employees to full eligibility. Capital assets retirement obligations Canadian generally accepted accounting principles require the Corporation to determine the fair value of the future expenditures required to settle legal obligations to remove capital assets on retirement. If reasonably estimable, a liability is recognized equal to the present value of the estimated future removal expenditures. An equivalent amount Is capitalized as an inherent cost of the associated capital assets. Some of the Corporation's assets may have asset retirement obligations. As the Corporation expects to use the majority of its capital assets for an indefinite period, no removal date can be determined and, consequently, a reasonable estimate of the fair value of any asset retirement obligations has not been made at this time. Use of estimates In preparing the Corporation's consolidated financial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the Consolidated Financial Statements and reported amounts of revenue and expenditures during the year. Due to the inherent uncertainty in making estimates, actual results could differ from these estimates. 3. Related party transactions 2003 2002 The Corporation had the following transactions with the Town of Aurora, the shareholder of the Corporation: Interest paid $ 923,360 $ 1,154,200 Rent 97,120 96,396 Energy sales and services 675,159 812,647 Grant Thornton T, -30- SPECIAL COUNCIL JUNE 22 2004 5.00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 4. Capital assets 2003 2002 Accumulated Net Net Cost Depreciation Book Value Book Value Distribution system $ 40,493,408 $ 19,396,781 $ 21,096,627 $ 19,848,833 Other capital assets 2,725,314 2,394 568 330,746 576.670 $ 43,218,722 $ 21.791,349 $ 21,427,373 $ 20,425,503 5. Regulatory assets 2003 2002 As described in Note 2, the Corporation has recorded the following regulatory assets: Retail services variance $ 2,600,786 $ 1,740,005 Market ready costs 491,674 454,481 $ 3,092,460 $ 2,194,486 6. Due to developers For all agreements entered into on or after November 1, 2000, that require the construction of new facilities to the distribution system or increased capacity of existing distribution system facilities to connect new customers, the Distribution System Code requires the Corporation to perform an economic evaluation to determine if the future revenue will pay for the capital cost and on -going maintenance costs of the expansion project. If there Is a shortfall between the present value of the projected costs and revenues then a capital contribution may be requested. The amount shown as 'Due to Developers' represents the difference between the developers' required capital contribution as determined by the economic evaluation and the cost of distribution assets installed and paid for by the developers. 7. Long term debt The unsecured promissory note is payable to the Town of Aurora in the amount of $12,736,000 effective November 1, 2000. The note bears interest at a simple annual rate equal to the rate of interest that the Corporation is, from time to time, permitted by the OEB to recover in its rates (currently 7.25% per annum). Interest is due and payable quarterly on the last day of March, June, September and December. Grant Thornton .4, E -31- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 8. Share capital 2003 2002 Authorized: The Corporation is authorized to issue an unlimited number of common shares. Issued: 1,000 shares $ 12,385,000 $ 12,385,600 9. Supplemental cash flaw information 2003 2002 Net change in non -cash working capital balances Receivables $ 3,549,461 $ (3,648,656) Unbilled revenue (1,399,902) 431,692 Inventory 187,489 564,707 Prepaids (44,503) 35,299 Payables and accruals ' (468.289) 1,081,615 $ 1,824,256 $ (1,535,343) Interest income $ 74,225 $ Interest paid $ 923,360 $ 923,360 10. Pension agreements The Corporation makes contributions to the Ontario Municipal Employees Retirement Fund (OMERS), which Is a multi -employer plan, on behalf of members of its staff. The plan is a defined benefit plan, which specifies the amount of the retirement benefit to be received by the employees based on the length of service and rates of pay. Effective August 1, 1998 OMERS provided a temporary contribution holiday, with no employer or employee pension contributions required until January 1, 2003. Commencing January 1, 2003, contributions were made at rates ranging from 2.1%to 2.93% depending on the proposed retirement age and the level of earnings. As a result $28,560 (2002 - $Nil) was contributed to OMERS for current service. Effective January 1, 2004 full contributions rates are proposed to resume, ranging from 6% to 9.8% depending on the proposed retirement age and the level of earnings. Grant Thornton 2 10 -32- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 11. Other post -employment benefit plans The Corporation pays certain benefits on behalf of its retired employees. The Corporation's defined benefit plan for the year ended December 31 is as follows: 2003 2002 Accrued benefit obligation, beginning of year $ 123,906 $ 121,265 Benefits paid (6,535) (6,481) Expense for the year 10,034 9,122 Accrued benefit obligation, end of year $ 127,405 $ 123,906 The significant actuarial assumptions adopted in measuring the accrued benefit obligation are as follows: Discount rate The accrued benefit obligation for the year ended December 31, 2003 was determined using an annual discount rate of 6.0%. This corresponds to the assumed Consumer Price Index ("CPI") rate plus an assumed real rate of return of 2.5%. Salary and wage levels Future general salary and wage levels were assumed to increase at 2% per annum. General inflation rates Future general inflation rates, as measured by changes in the CPI, were assumed at 3.5% in 2001 and thereafter. 12. Public liability insurance The Corporation is a member of the Municipal Electric Association Reciprocal Insurance Exchange (MEARIE), which was created on January 1, 1987, A reciprocal insurance exchange may be defined as a group of persons formed for the purpose of exchanging reciprocal contracts of indemnity or inter -insurance with each other through the same attorney. MEARIE has provided general liability insurance to the Corporation of $20,000,000 per occurrence. Grant Thornton,,, 11 -33- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 13. Income taxes The Corporation is required to compute and remit to the Ontario Electricity Financial Corporation owned by the Province of Ontario payments in lieu of income taxes (PILS). PILS are computed in accordance with rules for computing income, capital and other taxes provided for in the Income Tax Act (Canada) and the Corporation Tax Act (Ontario) as modified by The Electricity Act, 1998 and related regulations. Income before provision for PILS Federal and Ontario statutory income tax rates Provision for PILS at statutory rate Depreciation in excess of capital cost allowance Deduction of Ontario capital tax Permanent differences: Ontario capital tax Large corporation tax Loss carry forward Provision for PILS. 2003 2002 $ 524,219 $ 42,087 36.6% 38.6% 191,864 41,335 103,380 58,132 (39,280) (25,090) 70,000 65,000 40,000 40,000 (255,964) (74.377) $ 110,000 $ 105,000 Future income taxes relating to the regulated businesses have not been recorded in the accounts as they are expected to be recovered through future revenues. 14. Commitment Purchasers of electricity in Ontario, through the IMO, are required to provide security to mitigate the risk of their default based on their expected activity in the market. The IMO could draw on these guarantees if the Corporation fails to make a payment required by default notice issued by the IMO. The maximum potential payment is the face value of the bank letters of credit. As at December 31, 2003, the Corporation provided prudential support using bank letters of credit of $ 2,591,187. 15. Contingent liabilities A class action claiming $500 million in restitution payments plus interest was served on Toronto Hydro Electric Commission on November 18, 1998. The action was initiated against Toronto Hydro as the representative of the Defendant Class consisting of all municipal electrical utilities in Ontario that have charged late payment charges on overdue utility bills at any time after April 1. 1981. Grant Thornton & 12 -34- SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. Notes to the Consolidated Financial Statements December 31, 2003 15. Contingent liabilities (continued) The claim is that the late payment penalties resulting In the municipal electrical utilities receiving Interest at effective interest rates in excess of 60% per year, which is illegal under section 347(1)(b) of the Criminal Code. The Electricity Distributors Association is undertaking the defence of this class action. At this time it is not passible to quantify the effect, if any, on the financial statements of the Corporation, and as such no accrual of any potential liability has been recognized. The Corporation is defending a wrongful dismissal claim. The likely outcome of this matter remains uncertain at this time. 16. Comparative figures Certain of the 2002 comparative figures have been reclassified to conform to the financial statement presentation adopted for the current year. Grant Thornton 13 -35- SPECIAL COUNCIL JUNE 22 2004 5:00 PM BOREALIS HYDRO ELECTRIC HOLDINGS Inc. AGENDA ITEM # Shareholder Meeting # 01-04 TO: Aurora Town Council FROM: John L. Sanderson P.Eng. President and CEO DATE: June 18, 2004 SUBJECT. Appointment of Auditors Recommendation THAT Grant Thornton LLP be re -appointed as the auditors of the Borealis Hydro Electric Holdings Inc. Comments Grant Thornton LLP are the auditors for Borealis Hydro Electric Holdings Inc. This is the second year they have worked for us and we have found no cause not to renew their contract for the 2004 fiscal year. Therefore, it is the recommendation of the Board of Borealis Hydro Electric Holdings Inc. that Grant Thornton LLP be reappointed as our auditors. —36— SPECIAL COUNCIL JUNE 22 2004 5:00 PM BOREALIS HYDRO ELECTRIC HOLDINGS Inc. AGENDA=ITEM # 3 Shareholder Meeting # 01-04 TO: Aurora Town Council FROM: John L. Sanderson P.Eng. President and CEO DATE: June 18, 2004 SUBJECT. Appointment of Directors Recommendation THAT the Shareholder accept the nominations of Mr. Calvin White and Mr. Dan Sooley to be reappointed to the Board of Directors for a 3-year term. Comments Attached is the Board Nominating Committee's recommendation for information. —37— SPECIAL COUNCIL JUNE 22 2004 5:00 PM Borealis Hydro Electric Holdings Inc. REPORT OF THE NOMINATING COMMITTEE June 4"', 2004 To: Board of Directors From: The Nominating Committee Tim Jones, Jane Murray, John Sanderson Re: Board Member Terms of Office Recommendation THAT Cal White and Dan Sooley, having served two (2) years on the initial term of the Borealis Hydro Electric Holdings Inc. Board of Directors be re -appointed to their first full term, three (3) years. Comments As outlined in the Shareholder Declaration, 7 Public Meetings and Annual Resolution Within 6 months after the end of each fiscal year of the Corporation: 7.1 Annual and Special Reports to Meetings of Council — the Board shall report to an in camera meeting, of Council, as permitted bylaw, and the Chair or the President and CEO shall attend such meeting and provide such information concerning the Corporation and Subsidiaries as is appropriate pursuant to the Shareholder Declaration. 7.2 Annual Resolutions: - a) The Shareholder shall, at an in camera meeting of Council, as permitted by law, consider candidates for the Board as proposed by the Nominating Committee and the appointment of the auditors of the Corporation and receive the audited financial statements of the Corporation for the last completed fiscal year, and b) The Shareholder, in a Council meeting open to the public, by resolution shall appoint the necessary members of the Board and appoint the auditors for the Corporation and complete such other business as would normally be completed at an annual meeting of Shareholders under the OBCA provided that, where such other business requires the consideration of sensitive or confidential information, the Council may proceed in camera, as permitted by law and in the discretion of Council, and provide direction which shall be communicated in writing to the Corporations Board and signed by the Shareholder Representative as provided for by Subsection 6.1 hereof. The 2004 Annual General Meeting has been scheduled for Tuesday, June 22"d, 2004 at 6:00pm. For the information of Council, and as taken from the Shareholders Declaration: 4.8 Role of the Nominating Committee — After the initial Board is appointed, the Shareholder shall consider candidates nominated by the nominating committee of the Board (the "Nominating Committee'), but shall not be obliged to select such candidates. it is expected that the Nominating Committee will develop a process to identify and evaluate potential Board candidates in order to recommend a slate of qualified candidates to the Im SPECIAL COUNCIL JUTE 22 2004 5:00 PM Shareholder. The directors of the subsidiaries shall be chosen by the Board from the list or proposed candidates identified by the Nominating Committee. 4.6. The term for each member of the Board shall be as follows: it) The Town Councillor or Mayor shall serve as a member of the Board as long as such person remains in office during the municipal term of each Council up to three years. Re-election of a Town Councillor or the Mayor will not automatically result in re- appointment to the Board. b) The first five (5) Private Directors of the initial Board shall be appointed by the Shareholder as follows: two (2) Private Directors for a one (1) year term, two (2) Private Director for a 2 (2) year term, and one (1) Private Director far a three (3) year term. Following the appointment of the initial Board, the Shareholder shall appoint Directors to the Board to fill vacancies as required. With the exception of the Initial Board of Directors, all Directors of the Corporation appointed to fill vacancies of the Board shall serve 3 year terms. c) Any member of the Board may serve up to two (2) consecutive terms, excluding the initial term, as determined by the Shareholder. There is no limit on the total number of terms of any member of the Board as determined by the Shareholder beyond the two (2) consecutive term limitation described herein. As members of Council will recall, at the 2003 Annual General Meeting, the Board had 2 positions up for consideration after 1 year of service with the initial Board. Jane Murray, who had served the Board for a one (1) year term was reappointed for a 3 year term as not to lose the experience gained in her first year of service to the Board. The Town Treasurer was appointed to the second position, the incumbent declaring that it was not their wish to continue. The Board, for the 2004 AGM, finds itself in a position of considering two (2) positions whose I" term has expired after two years of service with the initial Board. Cal White and Dan Seeley are the two (2) Directors whose initial terms are expiring. Both members have expressed a desire to serve a second term at the pleasure of the Shareholder and qualify under the conditions as set by the Shareholders declaration. The Board is currently comprised of the Mayor as the Shareholders Representative, the President and CEO of Aurora Hydro and five private members, three of whom are in the "initial term" of the Board, George Steeves, Chairman, Dan Seeley, Cal White, and two of whom are considered in their first full term Jane Murray (reappointed for a 3 year term after her initial 1 year term) and the Town Treasurer, (appointed to replace Gerd Lydle who served in the initial term but decided not to continue). The Board is also supported by the Director of Operations and Chief Financial Officer of Aurora Hydro. With consideration to the short history of this initial Board, with no member having served more than 2 years, and with consideration to the current review underway to examine the merits of a merger with Newmarket, the Nominating Committee respectfully recommends that, as allowed for in the Shareholders Declaration, Cal White and Dan Seeley be reappointed as to take advantage of the learning and Board experience they have gained in their two year initial term appointment to the current challenges facing Aurora Hydro, which include the implementation of the company business plan and the merger review currently underway. As it is, the Board will be acquiring the benefit of a new member through the Town Treasurer's position -39- SPECIAL COUNCIL JUNE 22 2004 5:00 PM THE CORPORATION OF THE TOWN OF AURORA By-law Number 4553-04.0 BEING A BY-LAW to Confirm Actions by Council Resulting From The Special Council Meeting of June 22, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the action of the Council at its special meeting held on June 22, 2004 in respect to each motion, resolution and other action passed and taken by the Council at the said meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted ratified and confirmed. 2. THAT the Mayor and the proper officers of the Town are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary in that behalf and the Clerk is hereby authorized and directed to affix the corporate seal to all such documents. READ A FIRST AND SECOND TIME THIS 22"d DAY OF JUNE, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 22n° DAY OF JUNE, 2004. JONES, MAYOR B. PANIZZA, TOWN CLERK 40