Item - 2024.CC24.3

Tracking Status

  • City Council adopted this item on December 17 and 18, 2024 with amendments.

CC24.3 - SmartTrack Stations Program - Update

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on December 17 and 18, 2024, adopted the following:

 

1. City Council confirm the priority for the delivery of following three stations through the SmartTrack Program: East Harbour, Bloor-Lansdowne, and St. Clair-Old Weston (the Prioritized Program Scope) in accordance with Option 2b as set out in the report (December 10, 2024) from the City Manager, up to the current Program Budget of $1.689 billion (the Program Budget) inclusive of $878 million from the City of Toronto, $585 million from the Government of Canada, and $226 million from the Province of Ontario.

 

2. City Council direct the City Manager to request the Province of Ontario to identify a funding solution, including exploring funding opportunities with the Government of Canada and increasing their Provincial contribution to match or exceed the City’s contribution to the SmartTrack program, to ensure delivery of the remaining two stations in the Program scope, Finch-Kennedy and King-Liberty at no additional cost to the City.

 

3. City Council direct the City Manager to notify the Province, Metrolinx and the Federal Government of City Council’s decision as set out in Parts 1 and 2 above.

 

4. City Council direct the City Manager to request the Province to ensure that the Government of Canada maintains its full funding commitment of $585 million towards the Prioritized Program Scope and convene ongoing tri-partite discussions between all three orders of government to confirm delivery of the Prioritized Program Scope within the Program Budget.

 

5. City Council request the City Manager to request the Province of Ontario to:

 

a. make public the cost escalation that Metrolinx is reporting since June 2023; and

 

b. conduct a third-party review of Metrolinx’s cost estimates, including risk assessment, for the five SmartTrack stations (East Harbour, Bloor-Lansdowne, St. Clair-Old Weston, Finch-Kennedy and King-Liberty SmartTrack) in accordance with the amended Subway Agreement in Principle.

 

6. City Council request the City Manager to inform the Province of Ontario that all five SmartTrack stations are important to meet the needs of housing and economic development in local communities.

 

7. City Council request the City Manager to inform the Province of Ontario of the importance of Finch-Kennedy station to support local housing and economic development, as well as the costs incurred to date to support the Finch-Kennedy station as well as the work that has already been initiated for the grade separation work.

 

8. City Council direct the City Manager to request Metrolinx to fulfil initial plans of a direct, protected and accessible pedestrian/cycling connection over the rail corridor between Sudbury Street and Joe Shuster Way as part of ongoing corridor work on the Kitchener Line, whether or not it is included as part of the King-Liberty GO Station construction which is pending a provincial capital funding contribution.

 

9. Subject to the Federal Government confirming its decision to maintain its full funding commitment of $585 million towards a Prioritized Program Scope, City Council authorize the City Manager, in consultation with the City Solicitor and any other relevant City Officials, to negotiate, enter into and execute a second amendment to the Revised Ontario-Toronto Agreement in Principle, as amended, with the Province necessary for the implementation of the Program (the Amending Agreement 2), in accordance with Part 1 above, to reflect the funding solution, if any, identified by the Province to continue to deliver Finch-Kennedy and King-Liberty stations in accordance with Part 2 above, and on such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor.

 

10. Subject to entering into the Amending Agreement 2, City Council authorize the City Manager to negotiate and execute an amendment to the SmartTrack Main Agreement with Metrolinx, in accordance with the Amending Agreement 2, and on such other terms and conditions satisfactory to the City Manager, and in a form satisfactory to the City Solicitor.

 

11. City Council direct that Confidential Attachment 1 to the report (December 10, 2024) from the City Manager remain confidential at this time, as it contains commercial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto, and contains information explicitly supplied in confidence to the City of Toronto by the Province of Ontario.

 

12. City Council authorize the public release of Confidential Attachment 1 to the report (December 10, 2024) from the City Manager following the City Manager’s confirmation of completion of the Program.

 

Confidential Attachment 1 to the report (December 10, 2024) from the City Manager remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it contains commercial information, supplied in confidence to the City, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto, and contains information explicitly supplied in confidence to the City of Toronto by the Province of Ontario. Confidential Attachment 1 to the report (December 10, 2024) from the City Manager will be made public following the City Manager’s confirmation of completion of the Program.

Confidential Attachment - Commercial information, supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; and security of the property belonging to the City of Toronto.

Background Information (City Council)

(December 10, 2024) Report from the City Manager on SmartTrack Stations Program - Update (CC24.3)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-251517.pdf
Attachment 1 - Decision History
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-251519.pdf
Attachment 2 - SmartTrack Technical Program Update
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-251520.pdf
Confidential Attachment 1 - SmartTrack Cost Pressures, Options Assessment and Incurred Costs

Communications (City Council)

(December 14, 2024) E-mail from Kate Carter Hickey (CC.Supp)
(December 15, 2024) E-mail from Mark Greeno (CC.Supp)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Alejandra Bravo (Carried)

That:

 

1. City Council direct the City Manager to request Metrolinx to fulfil initial plans of a direct, protected and accessible pedestrian/cycling connection over the rail corridor between Sudbury Street and Joe Shuster Way as part of ongoing corridor work on the Kitchener Line, whether or not it is included as part of the King-Liberty GO Station construction which is pending a provincial capital funding contribution.


2a - Motion to Amend Item moved by Councillor Jennifer McKelvie (Carried)

That:

 

1. City Council amend Recommendation 2 by deleting "to deliver", and inserting after the words "Government of Canada" the words "and increasing the Provincial contribution commensurate with the City’s contribution to the SmartTrack program, to ensure delivery of" so that it now reads as follows:

 

2. City Council direct the City Manager to request the Province of Ontario to identify a funding solution, including exploring funding opportunities with the Government of Canada and increasing their Provincial contribution to match or exceed the City’s contribution to the SmartTrack program, to ensure delivery of the remaining two station in the Program scope, Finch-Kennedy and King-Liberty at no additional cost to the City.


2b - Motion to Amend Item (Additional) moved by Councillor Jennifer McKelvie (Carried)

That:

 

1. City Council request the City Manager to request the Province of Ontario to:

 

a. make public the cost escalation that Metrolinx is reporting since June 2023; and

 

b. conduct a third-party review of Metrolinx’s cost estimates, including risk assessment, for the five SmartTrack stations (East Harbour, Bloor-Lansdowne, St. Clair-Old Weston, Finch-Kennedy and King-Liberty SmartTrack) in accordance with the amended Subway Agreement in Principle.

 

2. City Council request the City Manager to inform the Province of Ontario that all five SmartTrack stations are important to meet the needs of housing and economic development in local communities.


3 - Motion to Amend Item (Additional) moved by Councillor Nick Mantas (Carried)

That:

 

1. City Council request the City Manager to inform the Province of Ontario of the importance of Finch-Kennedy station to support local housing and economic development, as well as the costs incurred to date to support the Finch-Kennedy station as well as the work that has already been initiated for the grade separation work.


4 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Out of Order)

That:

 

1. City Council replace the names of the SmartTrack stations with the following names:

 

a. Boondoggle Station;

 

b. Too Good to Be True; 

 

c. Won’t Get Fooled Again; 

 

d. Ever Get the Feeling You’ve Been Cheated; and

 

e. Tory’s Folly.


5 - Motion to Amend Item moved by Councillor Mike Colle (Withdrawn)

That:

 

1.City Council delete Recommendations 1 to 6 in the report (December 10, 2024) from the City Manager and adopt instead the following recommendation:

 

1. Given the out-of-control cost overruns associated with the Smart Track Station Program and the City's loss of confidence in Metrolinx's ability to deliver major transit projects on time and on budget, City Council direct the City Manager to begin the process of ending the City's support for Smart Track, thus ending any future  funding of the Smart Track Stations by City of Toronto Taxpayers.


Motion to Withdraw a Motion moved by Councillor Mike Colle (Carried)

That Councillor Mike Colle be permitted to withdraw his motion 5.

Vote (Withdraw a Motion) Dec-18-2024 7:14 PM

Result: Carried Majority Required - CC24.3 - Colle - Withdraw a motion
Total members that voted Yes: 19 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Rachel Chernos Lin, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Dianne Saxe
Total members that voted No: 4 Members that voted No are Jon Burnside, Lily Cheng, Paula Fletcher, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Shelley Carroll, Parthi Kandavel, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Dec-18-2024 7:15 PM

Result: Carried Majority Required - CC24.3 - Adopt the item as amended
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Vincent Crisanti, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Dianne Saxe
Total members that voted No: 3 Members that voted No are Mike Colle, Paula Fletcher, Anthony Perruzza
Total members that were Absent: 3 Members that were absent are Shelley Carroll, Parthi Kandavel, Michael Thompson

Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that he felt a line was crossed when a former member of Council was named in Motion 4 by Councillor Perks, and that he wished to know if the Speaker could remove that from the Council record. Councillor Holyday further stated that he appreciates that the motion was ruled out of order, but that goes into the minutes.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and stated that she had ruled the motion out of order so it is not going to be part of the record.


Point of Order by Councillor Stephen Holyday

Councillor Holyday, rising on a Point of Order, stated that he wished to know if it would be part of the minutes. Councillor Holyday further stated that he believes that it brings the Chamber in disrepute to single out a former Member of Council, written into the motion as a bit of a mockery or a joke.


Point of Order by Councillor James Pasternak

Councillor Pasternak, rising on a Point of Order, stated that he thinks its shameful to put a motion like this on the floor and that he wished for the Clerk to advise if, when the minutes are published, Council can expunge this motion from the Minutes; if Council can edit the minutes of the meeting.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and asked the City Clerk to address Council.

The City Clerk advised that the Speaker has ruled this motion out of order, which will be recorded in the minutes as will the motion. The City of Toronto Act, 2006 requires the City Clerk to record the proceedings of this meeting accurately and that’s what will occur.


Point of Order by Councillor Paula Fletcher

Councillor Fletcher, rising on a Point of Order, stated that she would remind everyone of past motions similar to the one moved today that have been ruled out of order and some that have not. Councillor Fletcher stated that Council had approved the street name “OMB Folly” which street sign was installed, and that Council does sometimes make names that Council might not be fully serious about, but this motion has been ruled out of order and as the City Clerk has said, it does have to go in the minutes.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point or Order and stated that she believes the difference is that this motion directly names an individual, while the OMB is the Ontario Municipal Board. Speaker Nunziata asked Councillor Perks if he would consider removing the name from his motion out of respect.


Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of Order, stated that Council does name things after former politicians all the time, so the precedent is different than what is being said, and secondly, as pointed out by the City Clerk, in law Council is required to publish an accurate record of the meeting. Councillor Perks further stated that he has a right to move his motion, as the Speaker has the right to rule it out of order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point or Order and stated that it is important that Council respect former Members of Council even if Members don’t agree with what they have done.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled Motion 4 by Councillor Perks out of order.

Source: Toronto City Clerk at www.toronto.ca/council