Item - 2015.EX4.17
Tracking Status
- City Council adopted this item on March 31, 2015 with amendments.
- This item was considered by the Executive Committee on March 25, 2015 and adopted without amendment. It will be considered by City Council on March 31, 2015.
EX4.17 - Request for Report on Options to Improve Toronto Transit Commission Project Delivery
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on March 31, April 1, and April 2, 2015, adopted the following:
1. As the City has a duty to its citizens to deliver major capital infrastructure projects efficiently and on schedule, and as a consequence of the contract management challenges experienced with the Toronto York Spadina Subway Extension (TYSSE) project that have resulted in significant delays and cost over runs, City Council direct the City Manager to report to the Executive Committee on April 22, 2015, on options for improved project delivery, including procurement and project management, for the Scarborough Subway Extension, such options to include the spectrum of procurement strategies known as Alternative Financing and Procurement and/or Public-Private-Partnerships and the role that Infrastructure Ontario can play in the delivery of such projects and on an option for improved in-house capital project management and delivery.
City Council Decision Advice and Other Information
City Council considered the Mayor's Key Matters, Items EX4.17 and CC5.1, together.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78337.pdf
Attachment 1 - Recommendation from Councillor Colle on Request for Report on Options to Improve Toronto Transit Commission Project Delivery
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78340.pdf
Appendix 2 - Extract from City Council Decision on March 10, 2015
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78343.pdf
Appendix 3 - City Council Decision on Scarborough Rapid Transit Options - Reporting on Council Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78344.pdf
Communications (City Council)
Motions (City Council)
That City Council amend Executive Committee Recommendation 1 by adding the words "and on an option for improved in-house capital project management and delivery" so that Recommendation 1 now reads:
1. As the City has a duty to its citizens to deliver major capital infrastructure projects efficiently and on schedule, and as a consequence of the contract management challenges experienced with the Toronto York Spadina Subway Extension (TYSSE) project that have resulted in significant delays and cost over runs, City Council direct the City Manager to report to the Executive Committee on April 22, 2015, on options for improved project delivery, including procurement and project management, for the Scarborough Subway Extension, such options to include the spectrum of procurement strategies known as Alternative Financing and Procurement and/or Public-Private-Partnerships and the role that Infrastructure Ontario can play in the delivery of such projects and on an option for improved in-house capital project management and delivery.
Vote (Amend Item) Mar-31-2015 4:49 PM
| Result: Carried | Majority Required - EX4.17 - Perks - motion 1 |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 9 | Members that voted No are Paul Ainslie, Gary Crawford, Justin J. Di Ciano, Frank Di Giorgio, Rob Ford, Josh Matlow, Denzil Minnan-Wong, James Pasternak, Jaye Robinson |
| Total members that were Absent: 2 | Members that were absent are Ana Bailão, Giorgio Mammoliti |
Vote (Adopt Item as Amended) Mar-31-2015 4:50 PM
| Result: Carried | Majority Required - EX4.17 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 40 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Janet Davis, Rob Ford, Gord Perks |
| Total members that were Absent: 2 | Members that were absent are Ana Bailão, Giorgio Mammoliti |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Items EX4.17 and CC5.1 and take the vote immediately.
Vote (End Debate) Mar-31-2015 4:22 PM
| Result: Lost | Two-Thirds Required - Cho - end debate |
|---|---|
| Total members that voted Yes: 11 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, John Campbell, Raymond Cho, Justin J. Di Ciano, Mark Grimes, Mary-Margaret McMahon, Ron Moeser, Cesar Palacio, David Shiner, John Tory |
| Total members that voted No: 29 | Members that voted No are Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 5 | Members that were absent are Ana Bailão, Joe Cressy, Mike Layton, Giorgio Mammoliti, Jaye Robinson |
Councillor Davis, rising on a Point of Privilege, stated that Members of Council should be provided with copies of the confidential Toronto Transit Commission documents related to Item CC5.1.
"Members of Council, before we proceed to consider these matters, I want to establish the boundaries for the debate on these two items, particularly Item CC5.1 regarding the Toronto-York Spadina subway extension.
Firstly I want to stress that what is before Council today are the recommendations of the City Manager contained in his report dated March 30, 2015.
To support his recommendations, the City Manager has attached the decision of the TTC Board made at its March 26 meeting which includes the Chief Executive Officer's original report.
However, the decision of the Board is not before Council for confirmation, approval, rejection or amendment.
That decision was taken by the Board of the TTC under its own authority.
In other words, the TTC decision is before Council today as supporting documentation for the City Manager's report.
The only propositions on the floor are Recommendations 1 to 5 in the City Manager's report.
The TTC has made its decisions in this matter which are is matter under its own jurisdiction as it does, for example, in setting fares. City Council cannot put itself in place of the Board.
Now, turning to the matter of the confidential documents considered by the TTC at their meeting.
The confidential documents considered by the Commission are records of the Commission and they are not in the possession of City Council.
Only the Commission can approve the release of confidential documents considered by them. No single official, whether it is the TTC chair, the TTC CEO or the City Manager, can release those documents.
I remind Council we have faced similar situations.
When we considered Member Motion MM51.5 in May 2014 regarding electronic dance music at Exhibition Place, I ruled based on the Solicitor's advice to Council that if Council wanted to have the confidential documents considered by the Exhibition Place Board, Council would need to ask the Board to provide them.
I believe the facts are the same here, and the same advice applies here.
Lastly, let me provide some additional information for Members to consider.
First, the terms of any arrangement resulting from the TTC's sole source decision in this matter will be coming back to a special meeting of the TTC.
In other words, commissioners will have the opportunity to consider the terms when they are presented to the Board.
Interested Members of Council may wish to attend that meeting to have input into the Board's deliberations.
Second, let me explain the provisions of the TTC's procedures by-law with respect to Councillor's rights.
The TTC's by-law provides that any City Councillor may attend any closed session of the TTC board, as-of-right, unless the matter is related to solicitor-client privilege or potential litigation.
In those cases, councillors are permitted to attend with the consent of the Board. I would hope that the Board would exercise great care in deciding when to include and exclude Council Members.
In summary, I am ruling as follows:
The TTC decision is before us today only as supporting information to the City Manager's report. It is not here for approval, rejection or amendment.
The confidential documents considered by the TTC are not before us today. If Council wishes to consider them, it must ask the TTC to provide them."
Councillor Thompson, rising on a Point of Order, asked the Speaker to circulate her ruling to Members of Council, and stated that as a former Commissioner, he was told by the Solicitor and the head of the Toronto Transit Commission that Members of Council who are not members of the Toronto Transit Commission board cannot attend the closed sessions of the board.
Councillor Fletcher, rising on a Point of Privilege, asked the Speaker if she was aware of whether other Members of Council, aside from the Toronto Transit Commission members, had a copy of the confidential TTC material and if the Speaker would check with the TTC on this matter.
Councillor Campbell, rising on a Point of Order, stated that Member of Council should not disclose confidential information in their remarks.
Rulings (City Council)
EX4.17 - Request for Report on Options to Improve Toronto Transit Commission Project Delivery
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. As the City has a duty to its citizens to deliver major capital infrastructure projects efficiently and on schedule, and as a consequence of the contract management challenges experienced with the Toronto York Spadina Subway Extension (TYSSE) project that have resulted in significant delays and cost over runs, City Council direct the City Manager to report to the Executive Committee on April 22, 2015, on options for improved project delivery, including procurement and project management, for the Scarborough Subway Extension, such options to include the spectrum of procurement strategies known as Alternative Financing and Procurement and/or Public-Private-Partnerships and the role that Infrastructure Ontario can play in the delivery of such projects.
Origin
Summary
As you are aware, as part of the 2015 City Budget deliberations Council adopted my motion to have the City Manager seek a third party review of the TTC's major capital projects program. This review will assess the TTC’s delivery of major capital projects, including adherence to budget and scheduling targets, processes for reporting these results to the Commission and City, and any organizational changes that would enhance results, all for consideration by the Commission in the fall of 2015.
In addition, under my direction, the TTC has been aggressively reviewing the manner in which it is delivering the Toronto-York Spadina Subway Extension (TYSSE) project. A report about the project delivery and budget implications will be considered by the Commission at its meeting on Thursday, March 26, 2015, and I anticipate that this report will be referred to Council for consideration at its March 31, 2015 meeting.
Both the TTC and City share a duty to Toronto residents to deliver major capital infrastructure projects efficiently and on schedule. In light of the challenges experienced with the TYSSE project, and the resulting delays and cost over runs, I would propose that Council direct the City Manager to submit to the next meeting of the Executive Committee a report dealing with options for improved project delivery, including procurement and project management, for the Scarborough Subway Extension.
The options should include the full spectrum of procurement strategies, including Alternative Financing and Procurement and/or Public-Private-Partnerships, and the role that Infrastructure Ontario can play in the delivery of such projects. This direction would align with the position of Toronto City Council and comply with Federal grant application requirements. At the time of project approval in October of 2013 (CC39.5, 6d)), Council directed staff to "aggressively pursue the Federal P3 screen process, so that any project cost savings arising from a P3 partnership with the City can be applied to reduce any dedicated tax rate increases needed to support the Scarborough Subway".
Accordingly, I would ask that Executive Committee consider and recommend the attached motion to Council for consideration at its meeting on March 31, 2015, in conjunction with the TTC report entitled Toronto-York Spadina Subway Extension – Schedule and Budget Change.
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78337.pdf
Attachment 1 - Recommendation from Councillor Colle on Request for Report on Options to Improve Toronto Transit Commission Project Delivery
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78340.pdf
Appendix 2 - Extract from City Council Decision on March 10, 2015
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78343.pdf
Appendix 3 - City Council Decision on Scarborough Rapid Transit Options - Reporting on Council Terms and Conditions
https://www.toronto.ca/legdocs/mmis/2015/ex/bgrd/backgroundfile-78344.pdf
Speakers
Brenda Thompson, Scarbborought Transit Action
Herman Rosenfeld, TTC Riders
Councillor Gord Perks
Councillor Shelley Carroll
Councillor Josh Colle
Councillor Anthony Perruzza