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2007/09/24CORPORATE SERVICES COMMITTEE AGENDA TENTH MEETING Monday, September 24, 2007 Committee Room 2 - 5:00 p.m. 1. Approval of the July 23, 2007 Corporate Services Meeting 2. REPORTS: a) F-2007-33 Financial Policies b) CPS-2007-03 Water and Sewer Rates Review c) F-2007-35 2006 Consolidated Financial Statements (Handout) d) F-2007-36 2008 Budgets 3. NEW BUSINESS: STAFF CONTACT Ken Burden Ken Burden Todd Harrison Todd Harrison 4. ADJOURNMENT: a) Resolution to go into Closed Meeting. ~~ Niagara,~alls ca~an.+ CORPORATE SERVICES MINUTES NINTH MEETING MONDAY, July 23, 2007 COMMITTEE ROOM #2 - 4:00 pm PRESENT: Mayor Ted Salci, Councillor Victor Pietrangelo, Chair; Councillors Jim Diodati, Shirley Fisher, Carolynn loannoni, Vince Kerrio, Bart Maves, Wayne Thomson and Janice Wing. STAFF: John MacDonald, Trent Dark, Ken Burden, Denyse Morrissey, Bill Matson, Ken Beaman, Geoff Holman, Todd Harrison, Marzenna Carrick, Dave Stuart, Anny Felicetti and Lisa Wall. PRESS: Ray Spiteri, Niagara Falls Review Rob Lapensee, Niagara This Week ******* 1. MINUTES MOVED by Mayor Salci ,seconded by Councillor Diodati, that the minutes of the May 28th meeting be approved as recorded. Motion Carried Unanimously 2. REPORTS: F-2007-28 -Annual Investments Report for 2006 MOVED by Councillor Thomson seconded by Councillor loannoni ,that the 2006 Annual Investments Report be received for information. Motion Carried Unanimouslv F-2007-29 -Proposed Changes to Water Billing and Process for the 2007 Utility Budget MOVED by Councillor Diodati, seconded by Councillor Wing, thatthe supply of water for a tenanted water account be shut off when the tenant fails to provide or continue to provide the required deposit in full; and in situations wherein a change of tenants has occurred, the property owner is required to have written direction to staff regarding the establishment of the new account. Motion Carried Unanimouslv -2- DEPUTATION: Mr. Ed Bielawski addressed the Committee regarding his review of water and sewer rates. Mr. Bielawski has studied many of the documents available on this subject and shared his conclusions with the Committee. CPS-2007-02 -BMA Water and Wastewater Rate Review Proposal MOVED by Councillor Thomson, seconded by Councillor loannoni: That staff report back to Council on the report provided and presented by Mr. Ed Bielawski; That staff contact Mr. Michael Loudon as a follow up to his 2000 report; That staff provide Council with a copy of the Loudon report; That Staff undertake a water and sewer rates review in time for consideration of the 2008 Utility Budget. Motion Carried Unanimously 3. COMMUNICATIONS MOVED by Councillor Wing, seconded by Councillor loannoni, that the correspondence from Amanda Occasion for a donation to the Global Youth Network initiative be received and filed, and that a policy be established in regards to correspondence requesting donations. Motion Carried Unanimously 4. ADJOURNMENT: There being no further business, the meeting adjourned at 4:55 p.m. Motion Carried Unanimously September 24, 2007 Niagara~alls Cr1NADA Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2007-33 Financial Policies RECOMMENDATION: For the consideration of the Corporate Services Committee. BACKGROUND: F-2007-33 On March 19, 2007, the Corporate Services Committee received report F-2007-12, Financial Policies, and approved the following motion: "That Council have regard for the Financial Policies presented for consideration in the upcoming strategic planning session." With the help of BMA Management Consulting Inc., these policies were developed following an in-depth analysis of the City's financial indicators. Financial Policies have been developed in the following key areas: • General Financial Policies • Asset Management Policies • Reserve Policies • Debt Policies • User Fee Policies Staff has continued the review of the policies in three of the key areas. Reserve, Debt, and User Fee policies have been specifically reviewed in time for the 2008 Budget. Working Together to Serve Our Community Corporate Services Departm~ Finance `'' ~~. :. September 24, 2007 - 2 - F-2007-33 Financial Implications The three financial policies will provide the guidance for Staff's preparation of the 2008 Budget. However, the policies may incur additional budget requests. During the review, Staff discussed the financial implications of implementing contributions to reserves, restricting debt usage, and instituting new user fees. Reserve contributions in previous years have generally focussed on capital funding, stabilization, and unfunded liabilities. The Reserve policy identifies seven classifications which would each have suggested contribution targets. Staff realized that the inclusion of such targets would significantly challenge Council's ability to stabilize tax rates. Consequently, the policywas revised to recognize that contributions should be phased over ten years. The phase-in plan would address the need for the reserve as well as Council's ability to satisfy the need. An example, provided by BMA Consulting Inc., demonstrates the phase-in plan. Currently the City contributes approximately $390,000 to a Building/Facility Reserve. The amount falls well short of the Reserve policy contribution target. Based on a building asset value of $73.4 million, the contribution target of 1.5% to 4.0% would equate to $1,100,000 to $2,900,000 per year. To reach the low end of the target range, Council could increase the reserve contribution by $71,000 annually for ten years. The following chart details the annual contributions: 2008: $390,000 + ($71,000 x 1) _ $461,000 2009: $390,000 + ($71,000 x 2) _ $532,000 2017: $390,000 + ($71,000 x10) _ $1,100,000 Debt usage has significantly increased over the past few years, as Council has approved long term debenture financing for large capital projects such as the McBain Community Centre and the Dorchester Road reconstruction. The Debt Management policy focuses on what kinds of capital projects are suited for debenture financing. Staff's discussion on the policy's impact noted that many of the 2008-2011 projects would not qualify for debt financing. Ideally, these projects would be funded from Reserves that correspond to the lifecycle replacement plan. The policy does provide an interim plan for these projects, until annual reserve contributions are sufficient to meet the lifecyle needs of all assets. The interim plan does involve debt financing, however, the incurrence of this debt would be managed in parallel with the annual contributions to lifecycle reserves. User Fee policies are intended to generate revenues for specific services. Staff's discussion on this policy noted the increasing public acceptance of such fees. Similarly, taxpayers are not as tolerant of using property taxes to subsidize City services for specific users. The impact of instituting new or increasing the existing user fees will have both advantages and disadvantages. Naturally, City revenues may increase as a result of the adjusted user fees. However, users may decide to obtain the desired services elsewhere due to the change in their costs. For the consideration of the Corporate Services Committee, the- revised policies for Reserves, Debt, and User Fees are as follows: September 24, 2007 - 3 - F-2007-33 Reserves Policies Maintaining Reserves -Policy Statements 1. The City will maintain financial reserves: • To provide stability of tax and user rates To provide financing for one-time or short term requirements • To segregate funds received and/or to be used for a specific purpose • To make provisions for replacements/acquisitions of assets/infrastructure • To provide for future liabilities incurred in the current year expenditure Monitoring and Reporting - Policy Statements 1. Reserves will be reviewed on an annual basis to determine their adequacy and a report will be prepared to Council. 2. Reserve and Reserve Funds will be classified as: • Building/Facility Reserves • Capital Reserves • Vehicle/Equipment Reserves • Stabilization Reserves • Program Specific Reserves • Corporate Reserves • Development Charge Reserves 3. Reserves will be supported by a financial plan identifying contribution sources and projected disbursements. Building/Facility Reserves Policies 1. Full life cycle costing will be undertaken to ensure that reserves are adequate to meet the ongoing replacement and refurbishment needs of the City's building/facility assets. 2. An annual operating transfer will be made to the reserve in the range of 1.5% to 4.0% of the replacement cost of the asset. As a result of current reserve shortfalls, the City will phase-in these contributions over a period of 10 years and will gradually increase annual contributions until the annual contribution is equivalent to 1.5% of the asset value. 3. Reserves will be established and contributions will be made to support all municipally owned buildings/facilities. 4. All building/facility reserveswill be credited interesttomaintain purchasing power parity September 24, 2007 - 4 - F-2007-33 Capital Reserve Policies 1. Water, Sewer and General Capital Reserves will be established and maintained. 2. The City will contribute 1 % of the asset value to the reserves for waterworks and wastewater on an annual basis. The annual contributions will be phased-in over a period of 10 years. 3. All capital reserves will be credited interest to maintain purchasing power parity. Vehicle and Equipment Replacement Policies 1. Vehicle and equipment replacement reserves will be established and maintained. 2. Reserves for vehicle and equipment replacement will be funded through calculated annual contributions from the Operating Budget, based on life-cycle and replacement costing and a depreciation schedule. 3. All equipment and vehicle reserves will earn interest to maintain purchasing power parity. Stabilization Reserve (Tax and Rates) Policies 1. The Citywill maintain separate reserves forTax Stabilization, Water Rate Stabilization, and Sanitary Sewer Rate Stabilization Reserves. 2. To provide sufficient flexibility and protection for unforeseen events, the target range to be maintained in the Tax and Rate Stabilization Reserves will be set at 5%-10% of gross expenditures. 3' Balances in the Stabilization Reserves will be reviewed annually relative to the target. Shortfalls from the target will be funded from annual operating surpluses. 4. The City will maintain a Building Permit Stabilization Reserve. The Reserve would be specifically for funding any shortfalls within the Building Code Act fees and would not be available to fund any other municipal financial priorities. The Reserve will be funded from year end surpluses and will have a target of 150% of the budgeted operating expenditures for the Building Division. The Reserve will have a dual purpose: • To manage the risk associated with an economic downtown • To manage the financial implications resulting from additional compliance costs Program Specific Reserve Policies All program specific reserves will be reviewed annually and will have a financial plan associated with each reserve. September 24, 2007 - 5 - F-2007-33 Corporate Reserve Policies 1. Corporate Reserves will be monitored annually to ensure that appropriate funds are set aside to meet future obligations. 2. Annual contributions will be made to meet future obligations associated with Worker's Compensation, Sick Leave Liability and other long term obligations. 3. Actuarial valuations of long term obligations will be undertaken every three years. Debt Management Policies 1. The City will monitor all forms of debt and annually report to Council an analysis of outstanding obligations; concerns and recommended remedies will be reported to Council as necessary. 2. Debt charges (principal and interest payments) will be limited to the Provincial Threshold of the City's on source funds. 3. Debt financing will be employed as a means of financing projects related to: • Increased/new services to residents for new initiatives; • New, non-recurring infrastructure requirements; • Programs and facilities which are self supporting; and • Projects where the cost of deferring expenditures exceeds debt servicing costs • The growth costs not recovered from Development Charges 4. Lifecycle projects which renew and rehabilitate existing assets should not be eligible for debenture financing. A planning process will be developed whereby an annual tax contribution will be made to meet Lifecycle needs of all assets. In the interim, the City will undertake ashort-term, managed program of debt financing to address the City's current infrastructure deficiency and to reduce further deterioration of the City's infrastructure. 5. The length of the term of debt should not exceed the useful life of the asset. 6. Debt will be structured for the shortest period consistent with a fair allocation of costs to current and future beneficiaries or users. General User Fee Policies 1. User fees will be charged by the City where: • There is a clear relationship between fees paid by users and the benefits received by users; • The user has a choice as to the extent to which he/she uses the service; September 24, 2007 - 6 - F-2007-33 • It is administratively feasible to collect the charge at a reasonable cost 2. The City will: Ensure that the full costs permitted under the legislation and regulations are identified and establish a policy to set standards for each fee and rate charged which will identify: • Which costs are to be recovered from fees The extent to which fees will be discounted/subsidized from the general tax base Conduct a cost study for each of the services for which a fee is charged Communicate with the public to explain the purpose for charging user fees. 3. The City will strive to increase/maintain user fees as a percentage of overall funding by identifying new areas where user fees can be implemented and by ensuring that existing fees are updated based on increases in the associated expenditures to provide the services. 4. Revenues from user fees will not exceed the cost of providing the service as permitted under the legislation and regulations. 5. Rate/fee structures will be sensitive to the "market" for similar services. In setting user fees, the City will consider fees charged by other agencies/municipalities. 6. In accordance with the pertinent legislation and regulations, the City will hold public meetings as required, or for the benefit of the target market and general public. 10. New fees and any significant fee changes may be phased in over a number of years and in consultation with user groups and the community where feasible. Building Permit Fee Policies Where the service is regulatory in nature and voluntary compliance is not expected to be the primary method of detecting failure to meet regulatory requirements as is the case for building permit fees, the fee will be set to recover the full cost of service. 2. All eligible costs in accordance with Bill 124, an Act to Improve Public Safety and to Increase Efficiency in Building Code Enforcement will be identified for each fee and fees will be based on 100% cost recovery. Planning Fee Policies Where the service is regulatory in nature and voluntary compliance is not expected to be the primary method of detecting failure to meet regulatory requirements as is the case for planning fees, the fee will be set to recover the full cost of service. 2. The City will calculate fees such that all eligible costs in accordance with Section 69 of the Planning Act will be identified for each fee and fees will be based on 100% cost recovery. September 24, 2007 - 7 - F-2007-33 Recommended by: Respectfully submitted: K. E. Burden, Acting Executive Director of Corporate Services MacDonald, Chief Administrative Officer September 24, 2007 Niagara,Falls CA NA Di1 Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: CPS-2007-03 Water and Sewer Rates Review RECOMMENDATION: CPS-2007-03 1. That the information provided in response to "Water Rate Study" be received and filed, 2. That the Corporate Services Committee authorizes Staff to engage consulting services to review the City's water and sewer rates. BACKGROUND: On July 23, 2007, Staff presented report CPS-2007-02, BMA Management Consulting Inc. Proposal, that requested the Committee to authorize Staff to engage the consultant to review the City's water and sewer rates. During the Committee's consideration of this report, the Committee also heard a deputation from Mr. Ed Bielawski, who presented several conclusions in a handout document, entitled "Water Rate Study". The deputation made reference to staff reports and awater/sewer rate study done by Loudon & Fortin (November 2000). Following the deputation, the Committee approved the following four recommendations which were ratified by City Council: 1) That Staff report back to Committee on the report provided and presented by Mr. Ed Bielawski, 2) That Staff contact Mr. Michael Loudon as a follow-up to his 2000 report, 3) That Staff provide Committee with a copy of the Loudon report, and 4) That Staff undertake a water and sewer rates review in time for consideration of the 2008 utility budget. Staff has contacted Mr. Michael Loudon regarding the Niagara Falls Rate Report, prepared and submitted by Loudon and Fortin in November 2000. This report focused on the existing water and sewer rates and made recommendations on future rates as s_a~cult of ^- I. Working Together to Serve Our Community 'corporate Services department Finance September 24, 2007 - 2 - CPS-2007-03 the newly implemented metering program. A copy of the report is attached for the Committee's information. Staff requested Mr. Loudon to prepare and submit afollow-up to the November 2000 report. Staff also sent a copy of Mr. Bielawski's Water Rate Study document to Mr. Loudon for information. Mr. Loudon is willing to prepare afollow-up to his November 2000 report, which also addresses the conclusions raised by Mr. Bielawski. Mr. Loudon advised the follow-up report would incur some cost. Staff believes the follow-up report could be undertaken by a qualified consultant during the engagement for a review of the water and sewer rates. Consequently, Staff did not pursue the follow-up report from Mr. Loudon. Staff has not yet proceeded with undertaking a water and sewer rates review. As the Committee was interested in the Loudon report and the conclusions raised by Mr. Bielawski, the rate review was postponed pending the Committee's further consideration of the proposal from BMA Consulting Inc. Staff continues to recommend the proposed engagement of the consultant as presented in the earlier report CPS-2007-02. Information provided in response to "Water Rate Study" Staff has investigated and prepared the following information that responds to the seven conclusions raised in Mr. Ed Bielawski's deputation as they appear in his "Water Rate Study" document. 1. Conclusion -The City has no water/sewer utility Mr. Bielawski observed that a city report dated March 27, 1995, provided several objectives, one of which was that the city establish awater/sewer utility. Mr. Bielawski commented that awater/sewer utility if it is going to be run like a business, then it would be no different than the Niagara Falls Hydro. His conclusion states the City does not have a separate authority (such as NFH) responsible for the water/sewer utility and that as a result the utility is fragmented by having several functional parts reporting to the Council. The report which Mr. Bielawski referenced was MW 95-58 Water/Wastewater Utility. The recommendation from the Community Services Committee to and approved by Council was as follows: "That endorsement be given to the establishment of aSelf-Supporting, User-Pay Water/Wastewater Utility, including Universal Water Metering, effective January 1997; "That a Public Education/Awareness Program, including a public Attitude Survey, on the Utility Concept and its impacts be undertaken with the results of same to be reported to Council before any implementation action; and "That Staff be directed to develop an Implementation Strategy for the Water/Wastewater Utility with periodic Status Reports or Approval Reports for the various components. " For the years 1995-2000, Staff undertook the directions of Council in an exhaustive effort to encourage as much Public Participation as possible. One of the foremost concerns of ratepayers was the ability to control the costs of water and sewer service. At that time, the City was using a flat rate billing structure for residential ratepayers. Residents were concerned that there was no ability to reduce their individual water billing by reducing their September 24, 2007 - 3 - CPS-2007-03 consumption ofwater. This concern also raised the significant issue ofwaterconservation. On December 11, 2000, Council approved the following recommendations from the Corporate Services Committee which were based on the Loudon & Fortin November 2000 report: "That the proposed use-based billing structure be adopted for determining water/sewer utility rates, and "That the proposed use-based billing structure be applied to the 2000 Budget Expenditures to set rates for the new Water By-Law; and "That the Updated Water By-Law be adopted." Staff advises that the City has operated a water system as aself-supporting fund up until 1999, when the existing fund was expanded to include the operation of the sanitary sewer system. The self-supporting fund is separate from the General Purposes Operating Fund. Although the water and sewer system was renamed Municipal Utility, staff notes that Council has not approved the implementation of an appointed/elected authority that was separate from and reporting to the City Council. In 2004, the water/sewerfund was separated into two funds; one each for the water system and the sanitary sewer system. The separation was done in compliance to the current legislation wherein the water and sanitary sewer services must have separate fund entities. Staff advises that today's presentation of the water and sanitary sewer budgets has used the header "Municipal Utility" in continuance of the familiar identity for the water and sewer systems. City Council is the management authority and is responsible for the water and sewer systems. Staff administrates this responsibility in two parts: the operations part is administrated by the Municipal Works Division, the billing/collection part is administrated by the Finance Division. Staff advises that Mr. Bielawski's comparison of the water/sewer system to Niagara Falls Hydro as a utility may not be applicable. The operating structure for an electricity utility versus the operating structure for a water or sewer utility is identified by the legislation that governs each service. The Niagara Falls Hydro, which was incorporated under provincial legislation, falls under special business corporation legislation. Its governance and structure must adhere to the Electricity Act. Water and sewer services also comply with provincial legislation, mainly the Municipal Act, as well as other specific legislation such as the Safe Drinking Water Act, and the Sustainable Water and Sewage Systems Act. Staff advises that the Loudon report in November 2000, did not address the governance structure for awater/sewer utility. Council has always maintained that the water and sewer funds would be directly controlled by the Council and not be managed by an appointed/elected Board or Commission reporting to Council. 2. Conclusion -The use-based principle for water billing is applicable only for the consumption charge Mr. Bielawski, in his comments, stated that the more you use, the less you pay. In his Water Rate Study, he combined the fixed monthly charge with the consumption charge for September 24, 2007 - 4 - CPS-2007-03 increasing amounts of water usage. He showed that the combined charge decreases on a per unit basis as the consumption of water increases. He showed that the annual percentage increase for high consumption was less than the percentage increase for low consumption. Mr. Bielawski's analysis basically shows the inverse cost relationship of a fixed charge being applied to a variable factor. Staff advises the water and sewer billing is composed of fixed and volumetric charges. The two part charges were implemented in 2001, when metering was fully implemented. Each charge is designed to collect sufficient revenues to offset the relevant direct costs. Staff advises that the fixed monthly charge is not related to the direct costs of consumption. The fixed charges are intended to offset the fixed costs of maintaining the water and sanitary sewer systems. The City has the responsibility to provide safe potable water in sufficient supply for all users including fire suppression. The City is responsible for providing the collection of sanitary sewage. The direct operating costs of labour and materials, and the direct construction costs of repairs and maintenance are incurred regardless of the users' consumption. The fixed monthly charges are not dependent upon or related to the amount of consumption incurred. The volumetric charge is a per cubic meter rate that is the same for every user. The rate does not decrease or increase with the amount of consumption. The revenues collected from the consumption charges are intended to offset the costs of water purchased from the Region and the sewer treated by the Region. These costs are also based on a volumetric charge, whose rates are the same for all the municipalities in the Region of Niagara. Staff understands that the use-based principle can apply to both a fixed charge and a consumption charge. The use-based principle applies to a fixed charge because the user is connected to water and sewer systems that are always ready to serve the user. The user pays for the right to draw water and/or to flush sewage. The use-based principle also applies to a consumption charge. because the quantity of usage is measured and billed to the user. 3. Conclusion -The use of meter size for allocation of service charge is totally flawed During the meetings that Mr. Bielawski attended with staff, his comments cited that the use of meter sizing for the allocation of monthly service charges is flawed. His comments are directed at the City's use of the AWWA standard for differentiating between the sizes of meters and using the differences to allocate costs. Staff advises that the size of a water meter relates to the size of the demand flow for water provided to the user. Some users require a larger demand flow than others. Both the water and sanitary sewer systems are engineered to accommodate the variant sizes of both water flows and sewer usage. Staff advises that the AWWA standard is recognized and approved in municipalities throughout Ontario, Canada and the United States. As this standard is recognized and used, Staff believes it is an appropriate standard by which to allocate fixed costs to users having different sizes of meters. Mr. Bielawski commented that allocating fixed costs on the basis of meter size is also flawed. His comments were directed at users who consume large quantities of water in comparison to residents who use very little water. He suggested that the basis for the September 24, 2007 - 5 - CPS-2007-03 allocation of fixed costs should reflect the amount of water usage and not the size of the water demand flow. Staff advises that the fixed monthly charges for maintaining the water and sewer systems include all of the infrastructure costs. The systems are composed of different sizes of pipe, valves, pumps, and meters. Infrastructure costs can be significantly different for repairing the various components of the systems. Tracking and allocating these costs to individual users based on their actual usage would present a significant mathematical undertaking. For example, the actual repair for a section of water-main pipe can be easily costed, but very difficult to determine which downstream users should be charged and how much. The use of the AWWA standard provides an efficient engineering approach to allocate the infrastructure costs using the size of a meter to estimate the user demand on the systems. 4. Conclusion -All multi-unit structures that have a single meter are significantly subsidized by residential customers In Mr. Bielawski's Water Rate Study document, he provided an analysis named "Customer Service Charge Cost/Unit". The analysis compared the fixed monthly charge for customers who have different sizes and quantities of water meter service. The analysis calculates the monthly fixed cost per customer based on the quantity of customers being serviced by the quantity and size of meter. He concludes that the cost/unit varies in accordance with these factors, and further concludes that the higher cost/unit customers are subsidizing the lower cost/unit customers. Staff advises that acost/unit analysis may be interpreted as a Poll tax. The emphasis of the analysis is focused on the number of customers served, even though some of the customers are not separately served by the water and sewer systems. The analysis could be expanded to any water meter that serves more than one identifiable customer, eg. hotel rooms, retail mall tenants, business mall tenants, apartment building units. A poll tax, which is not allowed by the Municipal Act (Sec.393), imposes a charge on the reason that persons/businesses are simply resident in the municipality or a part of it. Mr. Bielawski's analysis assumes that the City has the right to impose a charge simply because a City resident uses the water and sewer systems. In general, the Municipal Act (Sec.391) only allows a municipality to impose fees and charges for services or activities provided or done by or on behalf of the municipality. To impose a fixed monthly water charge, the municipality must identify to whom the water service is being provided. Currently the City's fixed monthly charges are being billed to the customer who has the direct responsibility for the water/sewer account. Staff advises that this same concern is evident in other municipalities where water services to condominium units are charged differently. The differences result from the same engineering disparity. Some condominium units have individual water services, while others have a single service for all the units. In Staffs report CPS-2007-02, Staff recommends that a full review of water/sewer rates be undertaken. A review would address the concerns that Mr. Bielawski has raised. 5. Conclusion -The aricina for water and sewer service is unfair and not equitable Mr. Bielawski's conclusion refers to the structure for the City's water/sewer rates. The rates September 24, 2007 - 6 - CPS-2007-03 are billed in two parts: a fixed monthly charge and a volumetric charge. His conclusion directs attention to the low volume user whose minimum monthly billing is the monthly service charge, even if the user has not used any water. His concern is that the City's fixed monthly charge has increased significantly over the past years, and has resulted in unfair/not equitable charges to low volume users. He believes the water/sewer rate should be totally volumetric with no fixed charges. Staff advises that the water/sewer rate structure was established in 2001 when metering was implemented. The structure was recommended in the Loudon & Fortin report which Mr. Loudon addresses in his follow-up report. The report did examine a variety of methods to charge for water and sewer services. Although Mr. Bielawski recommends a simple volumetric charge, he concurs with Staff that several methods exist. In Staff's report CPS- 2007-02, Staff recommends that a full review of water/sewer rates be undertaken. A review would address the concerns that Mr. Bielawski has raised and would compare the simple volumetric charge method to other methods of charging for water/sewer services. 6. Conclusion -Yearly percentage rate increases as reported are not factual In Mr. Bielawski's Water Rate Study, he provides an analysis of the 2007 percentage increase for homeowners whose monthly usage of water is different. His conclusion references Staff's report on the percentage increase, stating that the City's reported increase is not a singular percentage, but is actually a range of percentage increases as water usage decreases. Staff advises that the referenced report, F-2007-07 2007 Municipal Utility Budget, does provide individual percentage comparisons for the fixed monthly charge and the volumetric charge. The report also provides a percentage comparison for the combined charges based on 30 cubic meters of water used per month. The amount of 30~ms was chosen by Staff to represent the average monthly usage of water; a factor used by other municipalities for comparison purposes. In Staff's report CPS-2007-02, Staff recommends that a full review of water/sewer rates be undertaken. A review would address the concerns that Mr. Bielawski has raised, especially the need to inform ratepayers of the impact of increasing rates in relation to variant water and sewer usage. 7. Conclusion -The factor used to calculate weighted meter is unrealistic and thus totally flawed During the meetings with Mr. Bielawski, his comments cited that the current weighting for meters is flawed. His comments were directed at the use of the AWWA standards for differentiating between the sizes of meters. As stated earlier, Staff advises that the size of a water meter relates to the size of the demand flow for water provided to the user. Some users require a larger demand flow than others. Both the water and sanitary sewer systems are engineered to accommodate the variant sizes of both water flows and sewer usage. Staff advises that the AWWA standard is recognized and approved in municipalities throughout Ontario, Canada and the United States. As this standard is recognized and used, Staff believes it provides the appropriate factors by which to weight the different sizes of meters. In Staff's report CPS-2007-02, Staff recommends that a full review ofwater/sewer rates be undertaken. A review would address the concerns that Mr. Bielawski has raised with regard to the current practice of using the AWWA standard. September 24, 2007 - 7 - CPS-2007-03 Conclusion Mr. Bielawski has provided significant concerns in his deputation to the Corporate Services Committee, as presented in his document "Water Rate Study", and directly to Councillors and Staff over the past year. Although Staff has provided some commentary on Mr. Bielawski's conclusions, the need for a water and sewer rate review is only made more apparent. Staff and Mr. Bielawski concur that there are different methods to structure water and sewer rates. A water and sewer rate review would not only address the concerns raised by Mr. Bielawski but also the concerns of other residential, commercial, industrial and institutional ratepayers. The reviewwould evaluate the different methods for structuring rates as well as focus on other challenging issues. The review would provide options for the City to address the issues, apply the current legislation to the City's rate structure, and compare the advantages and disadvantages of applicable rate structures. As the Committee was interested in the Loudon report and the conclusions raised by Mr. Bielawski, the rate review was postponed. The Committee's further consideration of the proposal from BMA Consulting Inc. as presented in the earlier report CPS-2007-02, is appreciated. Recommended by: K._E. Burden, Acting Executive Director of Corporate Services Respectfully submitted: ~. ~ZJ c~ n acDonald, Chief Administrative Officer Attach. City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report CITY OF NIAGARA FALLS STUDY OF WATER & SEWER RATES FOLLOWING METERING SYNOPSIS This report reviews the current water and sewer rates and makes recommendations on future rates to be implemented as a result of the metering program. The level of the rates is based on preliminary budget data and should be reviewed and revised based on final budget data once it is available. The following summarizes the report findings: • Metering Program -The City has completed the metering of approximately 22,500 customers billed flat rates. Most of these are residential, but there are a few commercial customers. • Current Situation -There are approximately 3,100 customers currently billed metered rates. The current rates are two-part with a fixed charge variable by meter size and a volumetric charge with 6 declining rate blocks. Proposed Two Part Rates -The proposed rates are also two-part with a fixed charge variable by meter size and a volumetric charge. The proposed volumetric charge is single block -there are no reduced volumetric rates for large volume users. This proposed change to a single rate block is recommended due to the fact that water is purchased wholesale from the Region at a constant rate for all usage and as a result there are no large-volume savings realized by the City that could be passed on to large volume users. Water/Sewer Combined -The sewer charges are currently billed as a 150% surcharge on the water bill. The City 2000 water and sewer budgets are prepared with the water and sanitary sewer costs combined. As a result, a single combined water and sewer rate has been calculated. This approach is increasingly used as it simplifies the customer billing and improves the flexibility of financially managing the water and sewer utilities. Toronto has followed this approach for years. Recommended Volumetric Rate Option -Two options are provided for the volumetric rates. Option 1 links the retail volumetric charge to the Region's volumetric charges. The volumetric charge would recover about two-thirds of the user rate revenues. Option 1 is recommended since it minimizes revenue uncertainty while maintaining a high enough proportion of charges based on volume to encourage conservation. Option 2 is provided as an alternative. It allocates 80% of the costs to the volumetric charge, which would increase the conservation element, would allow more control by customer's of their water bills, but would decrease revenue security during years with low seasonal use. Recommended Service Charge Option -Two service charge alternatives are provided. Alternative A is a single service charge for all customers. It has the advantage of simplicity. Alternative B has service charges variable by meter size. This is recommended as it more closely allocates the costs to each customer. This is the same approach as is currently used, except that the service charges proposed are higher for larger sized meters than those currently applied. NFRateReport.doc 1 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report • Implementation - An implementation plan is suggested in Section 8 of the detailed report. Proposed 2001 WaterlSewer Rates (monthly) -Recommended in Bold Italics Option 1 (Volumetric rate recovers Regional charges) Option 2 (Volumetric rate recovers 80% of costs) Volumetric Rates ($/cubic metre) $1.309 $1.549 Service Charges - A -Single Uniform Charge $26.235 $16.182 - B -Charge Variable by Meter Size 15 mm $22.54 $13.90 18 mm ,$22.54 $13.90 25 mm $22.54 $13.90 37 mm $56.35 $34.75 50 mm $135.23 $83.41 75 mm $270.46 $166.82 100 mm $495.84 $305.83 150 mm $946.61 $583.85 200 mm $1,690.37 $1,042.59 NFRateReport.doc 2 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final CITY OF NIAGARA FALLS STUDY OF WATER & SEWER RATES FOLLOWING METERING DETAILED REPORT INTRODUCTION During 1999 and 2000, the City of Niagara Falls has carried out a program of installing meters on the water services to all customers. Formerly only non-residential customers were metered. The metering program mostly is for single family dwellings, but has had the benefit of identifying some other larger customers that escaped metering in the past and that are also now being metered. A previous study was carried out of water rates following meteringl that provided preliminary rates recommendations. That study recommended two-part water rates with a single volumetric charge and a service charge variable by meter size. The method used was as set out in the Canadian Water & Wastewater Association Municipal Water Rate Manual. In the following study, the estimate of water consumption following metering has been refined based on preliminary readings taken on the newly metered customers. Expenditure data is also based on preliminary 2001 budgets.- 2 CURRENT WATER & SEWER RATES The 2000 water and sewer rates are as follows: Exhibit 1 2000 Volumetric Water User Rates (quarterly basis) Block limits (gallons/quarter) Industrial $/000 gallons Commercial & Residential $/000 gallons 0 to 99,000 $3.13 $3.52 100,000 to 199,000 $2.74 $3.13 200,000 to 299,000 $2.35 $2.74 300,000 to 499,000 $2.20 $2.35 500,000 to 699,000 $2.04 $2.20 700,000 & over $1.87 $2.04 ~ City of Niagara Falls Residential Water Metering Study Financial Analysis - prepared by Fortin & Loudon in conjunction with Acres & Associated Limited -August 1998 NFRateReport.doc 3 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report Note that some larger metered customers are billed monthly rather than the quarterly basis used for most metered customers. Exhibit 2 2000 Service & Minimum Charges (quarterly) Meter Size Service Charge Minimum Bill (millimetres) ($/quarter) Charge ($/quarter) Nominal Volume Allowance (m3 /quarter) -see note 15 mm $1.25 $43.00 11,000 18 mm $2.00 $57.00 15,000 25 mm $2.50 $95.00 26,000 37 mm $3.00 $155.00 44,000 50 mm $4.00 $231.00 66,000 75 mm $7.50 $385.00 125,000 100 mm $12.00 $768.00 285,000 150 mm $30.00 $1,158.00 529,000 200 mm $50.00 $1,932.00 967,000 NOTE: The minimum consumption allowance volume is approximate only. The dollar volume is applied rather than the published volume. The metered rates are mostly applied every three months (quarterly). The flat rate charge is billed every four months at $82.46. Sewer charges are levied on the water bill as a surcharge. The sewer surcharge is currently 150% of the water charge. 3 CUSTOMERS By the time the metering program is complete, about 22,500 unmetered customers are expected to be converted to meters. When added to the 3,100 customers previously metered, this will bring the total number of meters to the following: NFRateReport.doc 4 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report Exhibit 3 Number of Metered Customers by 2001 Meter Size (millimetres) Number 15 mm 24,250 18 mm 387 25 mm 343 37 mm 221 50 mm 291 75 mm 52 100 mm 42 150 mm 1 g 200 mm 3 Total 25,607 4 CONSUMPTION Wholesale -The City pays wholesale charges for the volume of water supplied and the sewage treated by the Region of Niagara, which is responsible for this service. The City only has jurisdiction over the retail operation of distributing water and collecting sewage. The Region charges the same wholesale rates year-round and to all of the area municipalities. The wholesale rates over the past 3 years are as shown below in Exhibit 4. Exhibit 4 Niagara Region Water & Sewer Charges ($Im3) Water Sewer 1998 $0.275 $0.465 1999 $0.291 $0.479 2000 $0.300 $0.489 The 1999 water and sewage volumes which the Region billed the City are summarized in Exhibit 5 below: NFRateReport.doc $ Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report Exhibit 5 1999 Water & Sewage Volumes Billed to Niagara Falls by Region (m3) Month Water Sewer January 1,269,279 1,821,812 February 1,122,577 1,754,075 March 1,233,599 1,836,082 April 1,274,006 1,738,828 May 1,746,304 1,616,411 June 2,242,640 1,582,608 July 2,820,323 1,723,472 August 1,849,745 1,814,831 September 1,661,525 1,666,689 October 1,441,157 1,697,414 November 1,297,101 1,739,527 December 1,315,656 1,747,952 Total 19,273,912 20,739,701 The monthly-water and sewage flows billed by the Region starting in 1998 and up to September 2000 are graphed in Exhibit 6. This graphically illustrates the normal seasonality of the water purchases. Monthly water flows in the summer of 1999 reached almost three times the spring level. There was much less of an increase in 2000, a wet year. The sewage flows, on the other hand, show less variation, with only a modest decrease in the summer and occasional higher flows in the spring and fall, no doubt due to inflow and infiltration. There are sewage flow variations in the summer of 2000 are not consistent with historical trends, but could relate to the dates that the meters were read. Consumption by Currently Metered Customers -There are about 3,100 customers currently charged metered rates. Most are billed quarterly, but the larger customers are billed monthly. Their consumption for the past 2 years is as shown in Exhibit 7. NFRateReport.doc 6 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report Exhibit 7 1998 & 1999 Metered Customer Consumption (m3) 1998 1999 Quarterly metered 7,172,986 6,736, 805 Monthly metered 671,582 699,483 Total metered 7,844,568 7,436,288 Pumpage 19,541,564 19,646,127 Unmetered use 11,696,996 12,209,839 Unmetered Use - To narrow down the likely range of unit consumption by the newly metered customers, meter readings were specially taken in May and June of all meters installed to that point. There were 17,823 meters read. There were 105 customers with meter reading dates errors. There were some very large meter readings -the largest 10% or 178 customers were as a result treated separately. The results of the reading program are summarized in Exhibit 8. Exhibit 8 Newly Metered Customer Consumption Results Summary to June 2000 Description Number of Customers Average Total Monthly Consumption (m3 /month) Unit Consumption (m3/month/custorner) Date errors (note 1) 49 N/a N/a 0 reading 56 0 N/a Normal residential 17,540 431,865 24.6 Larger customers 178 38,158 214.4 Normal + Larger 17,648 470,023 26.5 Note: The reading dates were not feasible such as1980 installation or installation date after the date of the latest meter reading The customer name and address, meter serial number, meter installation and reading dates and volumes were input in Excel spreadsheet format. Meter installation was spread out from about May 1999 until the date of the special readings. The average monthly usage for all customers was 26.5 m3/month. Much of this consumption was not in the summer. Only about 20% of the customers had been metered by the end of last summer. The customers are mostly residential, but there are some non-residential customers including some larger users. If the largest 1 % of users is removed from the calculation, the average use drops to 24.5 m3/month. 99% of the customers used less than 90 rn3/month. Usage by the top 1% ranged up to in excess of 1,000 m3/month. NFRateReport.doc '] Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report Exhibit 9 illustrates the average consumption by customers and includes the variance in level depending on how long customers have been metered. Customers that have been metered the longest include both summer and winter usage. These are plotted on the right hand side of the graph. The average monthly consumption level of customers that were metered prior to July 1999 was about 29.5 m3/month. These customers were metered for a full year. But as customers are progressively metered and customers with only winter consumption are included in the average, the level drops. This can be seen by as the vertical bars get shorter during the winter since usage by these customers only includes winter usage. Based on the initial consumption levels, and recognizing the fact that summer usage is much higher than winter, it seems feasible that the average usage for these newly metered customers might well be about 28 m3/month. Unmetered use is a combination of unaccounted for water (UFW) losses such as watermain leakage, hydrant flushing, sewer flushing etc plus water used by unmetered customers (i.e. flat rate customers). Exhibit 10 illustrates possible combinations of UFW and unmetered customer consumption in 1998 and 1999 based on 22,500 unmetered customers. An average level of 28 m3 /month (customer over a full year is equivalent to 23%UFW. This is relatively high, but not unreasonable compared to previous staff estimates of about 19%UFW. Full meter reading will clarify this calculation. If the top 1 % of newly metered customers are excluded, then this is equivalent to about 26 m3 /month /customer for residential customers. In the original metering financial study2 it was concluded that residential usage by unmetered residential customer is about 27 m3 /month /customer. That conclusion was based on other municipalities as well as a small sample of metered flat rate customers in the City. Impact of Metering -Experience with the impact of metering varies. There are many influences, primarily cost level and amount of discretionary use (primarily summer use). Often there is an initial impact followed by a rebound, since the water is not really high compared to other utilities. Water and sewer combined is less than cable television charges. A typical residential customer is likely to use in the range of 18 to 22 m3/month, based on experience in other similar Ontario municipalities. Excluding the 1 % largest users in the newly metered group, the likely consumption now is about 26 m3/month. According to research by Environment Canada3 reduction in water use doe to metering is likely to be 30% or more. A drop to 20 m3/month after metering would represent a decrease from 26 m3/month of 23%. Combining this information, it is assumed that consumption will drop by 25% in the first year. The level of consumption following metering is calculated in Exhibit 12. 5 Financial The 2001 draft water and sewer budget has been prepared with water and sewer costs combined. In the past these costs have been kept separate and the water and sewer tariffs set z City of Niagara Falls Residential Water Metering Study Financial Analysis -Draft Discussion Paper -Fortin & Loudon in association with Acres & Associated Ltd. -August 1998 page 14 3 Guidelines for Municipal Water Pricing -Environment Canada - McNeill and Tate -page 7 NFRateReport.doc $ Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report separately. There is a trend in Ontario towards issuing a single combined water and sewer charge -see Section 6 below. The water and sewer budgets are summarized in Exhibit 11. 6 Tariff Calculations The current water tariffs are two-part with both fixed (variable by meter size) and volumetric (decreasing block). The following is recommended: That water and sewer tariffs be billed as one combined rate. This is done in several municipalities in Ontario, the largest being the City of Toronto. This was also the practice followed in many of the six local municipalities in Metropolitan Toronto previously. The Town of Markham has also followed this practice for many years. The Town of Markham is similar to the City of Niagara Falls with respect to their being the retail provider of water and sewer services inside the Region of York which bills for both wholesale services based on volume (both water and sewer are billed based on water volumes at the wholesale level, however). This year the Town of Newmarket has also switched to a combined water /sewer charge. The use of a combined charge provides much greater flexibility with regard to budgeting these services and allowing for annual revenue fluctuations. • Eliminate Declining Block Rates -There is little or no cost justification for declining block rates in Niagara Falls. There are economies of scale for large water users, but these occur mostly in the water production area, which is a Regional responsibility. It does not affect the City's costs. The following comments are also added regarding the water and sewer rates: Note that the use of water consumption as a basis for billing sewer charges is common in Ontario. This is the most feasible way of approaching user pay for recovering sewer costs. Water meter readings are a surrogate for measuring sewage flows. During 1999, total Niagara Falls sewage flows billed by the Region were close to total water flows, only about 6% higher and in 1998 sewage flows were about 10% higher than water flows. In Niagara Falls, as in most other municipalities, customer metered water flows are used in the calculation of a customer's sewage charges. Overall this is a fair way of achieving user pay for the sewage costs. It is meant to allocate sewer costs in proportion to each customer's use of the system. Although there are flow differentials between water and sewer systems due to seasonal water use in the summer and for sewer due to inflow and infiltration, these variations more or less even out over the year. The use of water consumption is a reasonable surrogate for sewage flows and is the only practical way of achieving user pay for sanitary sewer charges. • Seasonal Charges -Note that water consumption normally has a very high seasonal component in Niagara Falls. Water consumption in the summers of 1998 and 1999 exhibited very high increases -see Exhibit 6. The wet summer of 2000 showed very little increase. Since the cost of meeting summer peaks occurs at the Regional level, there is NFRateReport.doc 9 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report little justification for the City to consider seasonal rates. This may have to be reconsidered if the Region decides to utilize some form of seasonal rates to moderate the high summer peak water flows. The combined water and sewer rates are calculated in Exhibit 12. Two options are provided: • Option 1 -Recover Regional Volumetric Charges from Volumetric Rate -This approach is based on revenue security plus relating obviously variable charges to the volumetric rate and largely fixed charges to the fixed service charge. It is a fair approach. Unfortunately, the conservation aspect of metering is weakened since only about two-thirds of costs in the volumetric rate. • Option 2 -Recover 80% of Costs in the Volumetric Rate -This alternative would recover all of the Regional costs in the volumetric rate, plus some of the City costs. It would have a higher conservation element, which may translate into reduced usage and reduced Regional charges as a result. The service charge is calculated both as (A) a single charge for all customers and (B) one variable by meter size. The volumetric rates and service charges are provided in Exhibit 12. 7 Impact The impact of the proposed rates compared to the current rates is provided in Exhibit 13. For flat rate customers, those that use below average volumes pay less and above-average users pay more. The average customer pays slightly less. For currently metered customers, most pay more due to the elimination of the volume discounts. 8 Implementation The following suggestions for implementation are made. • There should be public notices in advance of the impending rates and how they might affect customers. • The bill should include a phone number where customers can ask questions about their bill. • The new tariffs should not be first applied during the summer season as the differential from the flat rate charges will highest at that time. • The billing staff should be prepared to answer questions about why customers' bills have changed. They should also be helpful in suggesting ways to reduce usage. NFRateReport.doc 10 Loudon & Fortin November 2000 City of Niagara Falls Study of Water & Sewer Rates Following Metering Final Report • Also there will be high residential water users who will not be happy with paying for what they use. It must be emphasized that this is now a user pay system and that customers have a measure of control over the size of their bill. • For larger customers, notification should go out in advance of their expected increase. This will often avoid adverse reaction once the bills are received. • Some municipalities choose to initially send out demonstration bills to illustrate the potential impact of the metered rate charges, so that customers can adjust usage before the real billings start. NFRateReport.doc 11 Loudon & Fortin November 2000 September 24, 2007 ~~ Niagara~alls Councillor Victor Pietrangelo, Chair and Members of the Corporate Services Committee City of Niagara Falls, Ontario Members: Re: F-2007-36 2008 Budgets RECOMMENDATION: For the information of the Corporate Services Committee. BACKGROUND: F-2007-36 City staff has commenced preparation of the 2008 Operating, Utility and Capital Budgets. Finance staff has prepared a timetable that includes all of these action steps. The timetable is as follows: DEPUTATIONS AND SCHEDULE OF MEETINGS September 24, 2007 Corporate Services Committee: -Financial Policies Introduction - Overview and Council direction for 2008 October 15, 2007 Corporate Services Committee: -Operating and Utility Budget introduction - PSAB introduction October 29, 2007 Corporate Services Committee: -All deputations November 12, 2007 Corporate Services Committee: - Hand out Operating and Utility Budget Binders -Capital Budget introduction, overview and Council direction for 2008 November 25, 2007 Corporate Services Committee: -First General Purposes Budget Discussion - First Municipal Utility Budget Discussion December 10, 2007 Corporate Services Committee: - Second General Purposes Budget Discussion - Second Municipal Utility Budget Discussion - First Capital Budget Discussion Working Together to Serve Our Community corporate services Department #, Finance G:..: I. ~~~' .p~.a-; ~f:' 7~Li ~ .!, a •~ r ~. -2- January 14, 2008 Corporate Services Committee: - Third General Purposes Budget Discussion -Third Municipal Utility Budget Discussion -Second Capital Budget Discussion January 28, 2008 Corporate Services Committee: -Approval of General Purposes, Municipal Utility and Capital Budgets The Budget preparation includes many action steps, including staff review and input, Council review, input and discussion, as well as deputations from the appropriate stakeholders. As was done last year, individual directors will present their divisional budgets to Council. For the 2008 Budget year, a number of key factors will directly impact the final outcome. In regards to City expenditures, inflationary pressure will impact utilities and purchases differently. The current price increases as measured by CPI is 2.2%, but as stated, inflationary pressure will vary on expenditure source In addition, Staff are negotiating with both the COPE workers and the City's Professional Firefighters' Association. Due to prior year's decision, new debt servicing will impact the 2008 Budget. In regards to City revenues, property taxation will continue to be the principal source. In 2008, MPAC will be performing re-assessments, however change in valuations will not impact revenues until the 2009 Budget year. Staff is currently reviewing all building and planning fees with a new rate structure will be in place for 2008. As in prior years, staff requests that Council provide direction in preparation of the budget. Specifically, is it Council's direction maintain existing service levels? The Chief Administrative Officer will provide a brief overview of key financial information that will factor into the determination of the 2008 Budgets. Recommended by: Todd Harrisorti!; Acting Director of Financial Services Approved by: ~~ ~ °~%%~'~~.' K. E~.~Irden, Acting Executive Director of Corporate Services Respectfully submitted: ~`~'~ ~`~'~ ~,~~ Job°r~MacDonald, Chief Administrative The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting maybe closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on September 24t'', Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(c) of the Municipal Act, 2001, on a proposed or pending acquisition or disposition of land, AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR