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MSC Proposal Tackles Utilities Debt - Environment, Infrastructure and Transportation Policies Committee - 20 Apr 26
Kingston · April 20, 2026
I called the meeting order. First, we'll confirm that we
have quorum.
We do.
The proposed amendments are the inclusion of small residential apartment
buildings.
Increasing the financing limit to the lesser of 20 percent
of the current value assessment of the property as determined
by the municipal property assessment corporation or 50, 000 dollars.
Screening tool. This tool introduces a clear and consistent first
step to help determine when a roundabout should be considered
for further study. It looks at factors like available space
intersection layout traffic patterns safety history and cost considerations while
still allowing room for professional judgment. Importantly, this tool doesn't
replace the city's existing evaluation process. It strengthens it by
improving transparency and consistency, both for city - led projects
and for development applications. Overall, this report fulfills council's direction
by clarifying the city's approach and ensuring that future decisions
about intersection design, including roundabouts are made into more structured,
transparent, and informed way. Thank you, Mr. Dixon. Any questions
from the committee.
Thank you, Mr. Chair, through you. Councillor Amos.
Obese warrants in it. They're automatically assessed for traffic control
conditions and whether or not a signal or an always
stop would be warranted as kind of outlined in this
report where those types of traffic controls have been requested
or approved or we would be looking at around about
or putting it through the roundabout screening feasibility tool. And
if it passed in that scenario, we would move to
an intersection control study and determine what the appropriate solution
is there. That would go for, you know, when we
do those counts as well, that's our opportunity to look
at whether or not auxiliary lanes are sufficient for storage
capacity and whether or not capital infrastructure improvements would need
to be taken to mitigate some of those concerns. But
similarly, if there's ever any issues or concerns, certainly those
could be raised by council or by residents, and we're
always open to doing road safety reviews in the field
and ensuring that our systems are operating appropriately. So I
would recommend that that'd be the approach taken if there's
any really specific areas, councillor, that are of concern. We
could certainly have a look at those. Questions from council.
Okay. Now to the public, anyone here in the public,
any questions for this item item. Madam Clerk, do we
have anyone still in virtual. Thank you through you, Mr.
Chair. We do have one personal online with their hand
up. I'll recognise Vicky Shmolka.
Miss Moka, just a reminder, you have five minutes. Yes,
all your questions or comments. Thank you. Thank you very
much. My question relates to Council's, I think direction to
come up with this screening tool. And I'm wondering if
it's going to be applicable to the quarry and highway
15.
Kingston Hydro.
And the last thing I would say is that one
of the things that was going back in time was
very prescient by the sort of people that started this
is that we're very proud that the multi - utility
model. So one of the things by having all of
the employees in one corporation that provides those services across
is you get a lot of efficiency. You don't have
multiple CEOs, you don't have multiple CFOs. And when the
emergency, like there is tonight, we have our crews out
there and working. Cruz can work across the utility. So
we believe that saves a lot of money in the
multi - utility model. And nothing about that is proposed
to change going forward.
128 million dollars.
So all those projects that we talked about, the investments
that are needed, our finance through the city. So the
city has to issue debt for all of those. Because
again, utilities Kingston is not set up as a public
municipal service corporation, as David talked about earlier.
That debt currently occupies about 40 percent of the overall
cities debt capacity.
I knew that would mean about 1. 4 billion dollar
in debt. Now Council has endorsed a debt limit. As
Michelle, the Councillors are aware. Council has endorsed that limit
of 500 million dollars. That means it leaves little room
for water and wastewater as well as municipal projects. I
also want to point out that they're limited ways that
we can finance that. Okay.
Property taxes rates I'm going to say limited development charges
because I'm sure that most of you are aware that
the province is coming through with changes to development charges
which are going to minimize the amount of dollars that
we can collect through development charges. And of course there
are grants but those again are quite limited in terms
of provincial federal grants. I wanted to provide a bit
of a no - overview of what that can look
like in terms of the boring because I think there
have been some questions if we're going to borrow anyways
why go through with a public MSC. It doesn't make
any sense. So we've heard that comment. We're going to
have to pay why borough from one or the other
doesn't change anything.
Part of the difference is under the municipality, the term
for boring is set at 30 years. So we have
a 30 year usually cap on our boring terms. And
I want to provide an example. I'm not suggesting we
would go and borrow a hundred million dollars. But if
we had to go in borrow 100 million dollars This
means that over 30 years the payment would be 6.
5 million dollars per year.
For water and wastewater that would need to be finance
out of rates. It would not be on the property
taxes, but it would be on utility rates.
Three or four years, we've been presenting to Council and
in late October, early November last year, we provided an
update on our asset management plan. And so the 3.
2 billion that Lainey's talking about as a replacement value
and the gap that was all presented to Council.
The ownership is concerned. The main changes really are with
the operating in the Capitol budget. So those would be
actually approved by the municipal services corporation.
Maybe put it in context. When KPMG started to do
their work and their financial models, it did not include
all of the projects that were part of the asset
management plan that was presented to Council late in 2025.
So that's what Randy is referring to that those projects
have now been accounted for, in addition to what was
already in the KPMG business plan.
That makes sense. Yeah. Many hats we wear.
Business enterprise. So the debt is not included on the
city's financial statements and it's not included in our annual
debt repayment limit with the province.
But my background. But at some
point will the taxpayer end up paying for some of
this in both components. MSC and city issuing tax debt,
or not text at, but debt to pay for a
facilities. And I'm just wondering if either one of these
could comment on that. Thank you. I'll get started and
I'll probably ask either Des or Lana to add to
this. So the report, and I think the presentation also
indicated by transferring the MSC or the, sorry, the water
and wastewater debt component to an MSC. It would free
up some capacity. So municipal capacity, currently without increasing taxes
or fees, which is, I think, a benefit from a
city perspective in trying to support other initiatives that we
have. De intent of the debt financing through the MSC
would be that it would be done through rates and
through collection of development charges understanding, of course, city collects
those, and then would transfer them. But the intent is
not to have property taxes cover water and wastewater infrastructure
on their DNSC. Would, if the city increase its issuance
of debt for various municipal projects with the property taxpayers
have to pay more, possibly, but that would be the
case no matter what.
You're expecting.
Or immediate privatization or privatization in the future.
Much they use it.
Boring capacity, it's getting close to the limit that council
has imposed on it.
This was a good way to try to mitigate the
impact of those rate increases over time. One last question,
where it says part A and part B. I didn't
say the last before Mr. Chair. And I didn't say
multipower. I just want to continue that. So I heard
multiple time borrowing the money capacity. So if I may
ask just a clarification, for many people like me who
probably don't understand, where we borrow this money from. Mr.
Murphy, would you like to answer that question. Sure. So
we've been, we've had preliminary talks with lending agencies, particularly
the lending agency that we borrow money for Kingston Hydro
Corporation, and all indications are that lending institution is more
than willing to do the same sort of deal, not
exactly, but the same sort of structure that we haven't
already in place for Kingston Hydra with the electricity company.
So just, yes or no. So what I'm understanding right
now is if we don't create MSC in the past,
we have been borrowing money together in a bulk for
utilities or the hydroking stener or the waste water along
with the city DAD. That's where N1, we create MSE,
this will be separated. So the MSE will have their
own lender. So our scoring or the lending, the barrowing
capacity will automatically increase because we have lesser liability under
the city of the corporation of the city of Kingston.
So I'm going to say it's pretty close, Councillor Assan,
except that Kingston Hydra was already separated. So Kingston Hydro
already does its own boring. So what we're talking about
actually tonight is not much different than Kingston Nydro. And
I think we've done quite well with that model, but
they already do their own boring. What we would do
is have water and wastewater separated from the city borrowing,
and it would reduce the proof of. Sorry, I just
mixed the wastewater same under the same flag, the utility
kings, or whatever. So that's why I mixed up that
question. So I understand the base war is a separate
entity now. But we would separate the water and wastewater
from the city borrowing. So it would alleviate some of
the pressure, not just the existing pressure, but the future
pressures is also what we're concerned with. Because if you
look at the numbers, you know, the water and wastewater
utility could take up quite easily the remaining boring capacity
that we have. Services. The worst case scenario.
If we don't approve the MSC established as a council,
what is the consequences as a city and as the
public we have to face. What is the next step.
I'll start with the answer to that. Worst case scenario,
one way or another, I'm coming back to Council with
Randy in January 2027 or February to present a new
two - year capital and operating budget. We'll present all
the evidence to you about current asset management plans, future
asset management plans, and rates are going to need to
go up. In order to support sewer separation and all
the other things. We will need to borrow money to
cover those projects and rates will go up higher than
they would. That's our current assessment. If we don't create
the MSE. Thank you very much for the detailed questions.
I understand. I hope my fellow king's tuning also see
the scenario and understand better now. Thank you for your
last question. Councillor Stephen. Thank you, Mr. Chair, through you.
Thank you for all of this extra information, and I've
been finding it very well explained this evening. Thank you
for that into the questions as well. Very thoughtful. Um,
I just want to touch one more time on the
privatization piece, just to make sure the one thing that
I can clarify or make sure that I understand. So
you've mentioned in the presentation and through answering other Councillor's
questions that if we have an MSC Council cannot sell
it off, we cannot privatize it. That's been made very
clear. If we have an MSC, while Council cannot do
it, the province could change the legislation, which would enable
privatization. So that's true, just looking for, do you want
to add anything to that? And then I have another
statement. Um, I will add something to that. So yes,
the province can always change the legislation to make that
possible. But I'm assuming it would still require accounts all
direction to actually move ahead with privatization. Okay. My follow
- up question to that then is that's the MSC
situation. If we were to forego an MSN stay with
the status quo, it's the same thing. Is it not
if the province wanted to privatize, we would just be
in the exact same situation. It's just either we have
an MSC or we don't. Thank you, Councillor Stephen, for
that question. Yes, the province could choose to privatize services
anytime it wants. I would argue that eventually the province
is going to look broader than the region of Peel
for the water and wastewater act. Um, they're starting with
peel. But I think eventually they'll want to expand and
they'll probably want to look to communities municipalities that don't
have, um, spool services corporation to manage their water and
wastewater. That would be my guess. Thank you, three, Mr.
Chair. That kind of connects to what we've seen through
Kingston Hydro. As well. Where, yeah, I can see the
parallels. I won't get into it. It's been a long
meeting. Um, I'll leave it to the public. Thank you.
I'd like to thank the presenters for answering all the
last last questions. And so we'll just move on to
our next item of a business. Not during the briefing.
Uh, so we'll move on to our third item of
business. Uh, which is the water, waste water municipal services
corporation business plan. Uh, do staff have anything to add
to the briefing that was provided. Seeing none. Do the
committee have any further questions to ask of the presenters.
No final last questions. Okay. Um, so this will take
us to the public portion. Is there anyone in the
audience in the gallery that would like to ask any
questions. If you do, we have some seats right there
with the mics. If you want to step up, I'll
remind everyone you have five minutes to answer all your
questions or comments. Uh, we'll do a round of them.
And then the staff will answer your questions. So please
state your name and you have five minutes. Great. Yeah.
Thanks. My name is David MacDonald. I'm partly here just
as a follow - up to an open letter that
I had written to Mayor and Council on this topic,
um, I've since had two very productive meetings with David
and Lanny. And I wanted to, uh, make a few
comments on that. Um, I'll just by way of introduction,
say I'm an academic at Queens. I've been working on
this topic of water corporatization in particular for over 30
years around the world. So it's something I actually know
a lot about. And this is a big decision. It
is a big decision. So it not one to be
taken lightly. My first comment is about the KPMG report,
which is the source of a lot of confusion and
anger and frustration. And I've read dozens of these kinds
of reports. This in terms of its quality was one
of the worst ones I've ever written. But it was
just lacking in so much clarity. And the debate about
privatization in particular stems from the way that the report
was written. I'm very happy to say that in the
staff report, that has been clearly dealt with. This is
the, uh, municipal act of 2001. This is not the
water, wastewater corporatization act of 2025, which three independent legal
opinions have now said does open the door to privatization.
So I think we're a much more solid footing on
that front. Uh, but again, I think KPMG really deserves
to be taken to task on that. The other thing
they did a very poor job of a KPMG, which
has been entirely exercised from, from the staff report is
the language about commercialization, running a wastewater corporation like a
business, entrepreneurial generating revenue. And this is really KPMG's modus
operandi. They go around the world telling cities that they
need to create these business - like corporate entities that
will generate revenue. And the publican name, but they're often
incredibly private in operation. And it has all kinds of
various degrees of commercialization. But this was the language for
me that I found the most troubling in the KPMG
report. And I'm very happy to say that that has
been entirely removed. But we need to be very careful
because there is pressure from all kinds of interest bodies
to create corporatized commercialized rather corporate entities. And so creating
an arms length utility like this is the inherently commercial
about it. It's about the kind of ideology and ethos
you imbue in that corporate entity. And so I'm really,
you know, be very curious to see the kinds of
language that finally comes to council about what it is
we're trying to achieve with this. What is the public
ethos here? What are the goals of this organisation beyond
the very obvious financial aims of what's trying to be
done here. And clearly we need money. We need to
invest in water and sanitation. This is one of the
most underfunded areas in cities across Canada. We're either going
to pay for it now. We're going to pay for
it later. So we need to figure out how we're
going to invest in water and sanitation, particularly sanitation. This
is not a very sexy thing for people to spend
money on. But we're going to need to do it.
And whether that's through debt or taxes or rates, uh,
is unclear, but it has to happen. So I'm much
more supportive of this than I was, uh, when the
KPMG report came out and I look forward to conversations
on this. I just want to finish with two comments
of areas that I think we need to think carefully
about, um, and the one area, I think, that still
needs a lot of expansion on in a final report,
which it sounds like is coming, is a lot more
data on the finance. Um, you know, there really isn't
much there. I want to see what kinds of interest
rates are we talking about? What is the impact on
the credit rating of the city? If we took it
above the 500 million dollar limits, we've got 1. 5
billion dollar limit. You know, what happens to the credit
reading in the city? How does that affect our interest
rates there? We need to see those comparators. What happens
if we use increased taxes to raise the revenue? What
happens if we increase the water and sewage rates to
raise those, uh, those revenues. We need a lot more
comparison there to make such a huge decision. Uh, and
if I were a councillor, I would, I would absolutely
want to see that, uh, that information. I would flag
as well, um, offloading revenue generation onto a separate water
corporation company like this. Water rates are effectively a regressive
form of taxation. Everybody pays. I'm sorry. You have 30
seconds. 30 seconds. Okay. I'll leave that aside. I'll just
say we need to be very careful about offloading costs
revenue raising on to terrifs. My last point is just
about governance. And I think we need to think very,
very carefully about the government's models that we use. And
there are a lot of really interesting ones around the
world, city of Paris as being very interesting one around
the citizen observatory model that they use. And so I
think the good examples that we could draw on to,
uh, to create a really good solid public governance model.
Thank you. Thank you. Anyone else in the public that
would like to speak to this topic. We'd like to
come over here, please. And I'm going to state right
now, is there anyone in our virtual gallery that would
like to speak? If you would like to put up
your hand up virtually, um, good to you in a
minute. So as I mentioned before, please state your name
and you have five minutes. Oh, thank you. Good evening.
My name is Gene Ryan. I'd like to echo the
comments that were just shared. My concerns related to this
are just how fundamentally, um, big a decision this is.
Uh, I'd like to have more clarity about what the
timeline is at this point. I know that we've seen
in the KPMG report in 18 month timeline that is
shared, starting with a six month public engagement process. We've
heard a little bit this evening related to some aspects
of that public engagement process and the fact that it's
actually begun already. I'd like to have real clarity about
what we're seeing in terms of when this process would
potentially end. I. e. have we begun the 18 month
process that would end with the formal establishment of the
MSC. And I would certainly say, I hope not. Secondly,
I have real concerns over governance. In reviewing the various
materials and going into the information sessions. Thank you very
much for those. It seems that the major differences related
to an MSC model versus the current model are financial.
I. Council would no longer have oversight over operational or
critically capital budgets. This concerns me in particular the latter.
I'm worried about major capital infrastructure decisions being made without
Council oversight. Thirdly, related to that. I would like to
have an understanding of what happens in the intrinsic tension
that exists. When the MSC has sole decision - making
capacity over budget. But nominally council is approving rate setting.
What happens if Council decides not to approve a rate
recommendation and how is budget then covered? Because unless I
have a real understanding about that, it kind of sounds
like a nominal situation or council is going to be
placed in a situation of having to approve rates. And
if they don't, how will the budget being covered. Curious
about the format and the form of the board. There's
been a lot of comparison with hydro. From Ted Sue's
blog, he references Kingston Hydros current. Makeup as being the
mayor. The CAO of the city, the CEO of Utilities
Kingston and two quote unquote independent directors. Are we looking
at a similar makeup related to the MSC. I don't
know where my seconds are at. I'm going to quickly
review my notes. You have a better minute and a
half.
Thank you.
Thank you. Anyone else in the room. That would like
to speak. Okay, I'm gonna go virtually right now.
To Miss Smoka.
Over 30 years.
Theoretically, or we've been told have an excellent corporation. Okay,
that is your five minutes. Thank you. Okay, thank you.
I will go now go to staff to answer the
questions. I'm sure that transists between our various staff here.
Very good question. What happens if essentially budgets are established
and then rights come to council, council doesn't approve the
rates. So the way that we're anticipating, this would proceed
with approval of budgets, conditional two rates being approved by
council. If rates were not obviously approved by council, the
budget would need to be amended accordingly, which is not,
I think is probably in line with some of the
other current processes that we have. There were a few
other questions that I'm not sure we would have Aldi
information today or I might turn it over to Lana
and Despos. Possibly they want to speak to the impact.
Are going to be included in the meetings. And I
was surprised to have answers without actual graphs and financial
projections. So I hope to have a follow - up
and that the Council gets a follow up on my
questions with actual numbers and graphs. So that's one. The
other thing is a comment in regards to that. I
find it disturbing that we're talking about.
Or to go in this path.
Maybe someone could formally respond to her and stating that
they're no graphs in the email.
Thank you, Mr. Chair. I'm the one who responded this
afternoon. And I will happily do that.