Light Rail Sub-Committee

Minutes

Meeting #:

1

Date:

Thursday, February 16, 2023

Time:

9:30 A.m. - 10:30 A.m.

Location:

Champlain Room, 110 Laurier Avenue West, and by electronic participation

Present:

• Chair Steve Desroches, 
• Vice-Chair Cathy Curry, 
• Councillor Tim Tierney, 
• Councillor Glen Gower, 
• Councillor Jeff Leiper, 
• and Councillor Theresa Kavanagh 

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1.

Notices and meeting information for meeting participants and the public

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents and public speakers; notices regarding minutes; and remote participation details.

Accessible formats and communication supports are available, upon request.

Except where otherwise indicated, reports requiring Council consideration will be presented to Council on February 22, 2023, in Light Rail Sub-Committee Report 1.

The deadline to register by phone to speak, or submit written comments or visual presentations is 4 pm on February 15, 2023, and the deadline to register to speak by email is 8:30 am on February 16, 2023.

2.

Declarations of Interest

No Declarations of Interest were filed.

3.

Office of the City Clerk

3.1

Light Rail Sub-Commission Terms of Reference

File No. ACS2023-OCC-CCS-0011 – City-wide 

• Report recommendation

  That the Light Rail Sub-Committee recommend Council approve its Terms of Reference, as outlined in this report and attached as Document 1. 

  Carried

4.

Presentations

4.1

Update – Response to the Public Inquiry

With the will of Committee, Renée Amilcar, General Manager, Transit Services Department, and Bart Cormier, Manager, Business and Technical Support Services, provided an oral update and answered questions from the Committee.  A copy of their slide presentation is filed with the Office of the City Clerk. 

Richard Holder, Director, Engineering Services, and Michael Morgan, Director, Rail Construction Program, were also in attendance and answered questions. 

Transit Services Department staff undertook to provide information to Committee on the responses of/reviews by other levels of government to their respective recommendations in the final report of the Ottawa Light Rail Transit Public Inquiry.

5.

Referrals

5.1

Motion – City Manager Delegated Authority on Amendments to the Stage 1 Light Rail Transit Project Agreement

File No. ACS2023-OCC-CCS-0022 – City-wide 

Motion No. 2022 - 04/22, moved by Councillor S. Menard and seconded by Councillor R. Brockington, at the City Council meeting of December 14, 2022, and referred to Light Rail Sub-Committee.

The replacement motion below (Motion No. LRSC 2023-01-01) was moved by Vice-Chair Curry on behalf of Councillor Menard. Councillor Menard spoke to the motion and answered questions from Committee.

John Redins spoke before the Committee and provided comments on the motion.

The following staff also answered questions from Committee:

• Transportation Services Department: Renée Amilcar, General Manager, Transit Services Department, Michael Morgan, Director, Rail Construction Program
• Office of the City Clerk: M. Rick O’Connor, City Clerk

Following discussions, the replacement motion (Motion No. LRSC 2023-01-01) was severed. The Committee voted upon each proposition separately as follows.

• Motion

  That Light Rail Sub-Committee recommend that Council:

  1. Revoke the Delegated Authority to the Interim City Manager with respect to Stage 1 LRT Project Agreement amendments and direct the Interim City Manager to bring forward to Council for approval any required amendments related to the Stage 1 LRT Project Agreement; and    
  2. Direct the Interim City Manager to bring forward to Council a revised proposal for Delegated Authority with respect to the Project Agreement that would permit Council to retain substantive decision-making while ensuring minor or technical matters could continue to be managed by the subject matter expert staff. 
• Motion No. LRSC 2023-01-01
  Moved by C. Curry

  WHEREAS on December 19, 2012, Council approved the report entitled, “Design, Build, Finance and Maintenance of Ottawa’s Light Rail Transit (OLRT) Project”; and  

  WHEREAS Council delegated to the City Manager the authority to negotiate, approve, execute, deliver, amend and extend the Project Agreement and associated ancillary agreements for the OLRT Project, subject to the terms and conditions described in that report; and 

  WHEREAS on March 9, 2022, Council approved Motion 29/2 directing staff to issue a Notice of Default to Rideau Transit Group (RTG) in accordance with the Project Agreement and ask for a remedial plan and schedule for remediation of its defaults, and delegated the authority to the City Manager to take any other actions required under the Project Agreement to give effect to Council’s decision; and 

  WHEREAS on October 13, 2021, Council directed staff to deliver a Notice of Dispute under the Project Agreement with respect to RTG Defaults, have the Defaults confirmed through the contractual dispute resolution process in the Agreement including, as necessary, asking the Court to confirm the validity of the RTG defaults and report back to Council on the outcomes of these actions; and

  WHEREAS the 2022-2026 Council has now been provided with an in camera update on the various legal disputes arising from the Stage 1 LRT Project Agreement; and 

  WHEREAS the Ottawa LRT Commission Public Inquiry recently released its final report and included information that the City lessened the project agreement requirements for accepting the system at Revenue Service Availability, changed the project agreement requirement for total number of trains on the line to open the system and that The Commission found that memorandum from the city manager sought to deliberately “disseminate misinformation and hide critical facts from Council” so that Councillors could not properly exercise their oversight function; and  

  WHEREAS the Delegation of Powers Policy provides that all delegation of powers and duties may be changed by Council at any time;  

  THEREFORE BE IT RESOLVED that the Light Rail Sub-Committee recommend Council direct the Interim City Manager to bring forward to Council a report on the Delegated Authority which has been delegated to the Interim City Manager with respect to the Stage 1 and Stage 2 Project Agreements that would permit Council to receive a briefing on the current use and application of delegation of authority on Stage 1 and Stage 2 of the LRT;

  Carried
• BE IT FURTHER RESOLVED that the LRT Subcommittee receive regular updates on the use of the Delegated Authority from the Interim City Manager with respect to Stage 1 and Stage 2 LRT Project Agreement amendments and direct the Interim City Manager to bring forward to Council for approval any material amendments related to the Stage 1 and Stage 2 LRT Project Agreements;

  For (4)	T. Kavanagh, T. Tierney, J. Leiper, and S. Desroches
  Against (2)	G. Gower, and C. Curry

  Carried (4 to 2)
• BE IT FURTHER RESOLVED that Council revoke the Delegated Authority to the Interim City Manager with respect to any amendments to Schedule 14, which includes Trial Running criteria, of the respective Stage 2 Project Agreements; and

  For (2)	T. Kavanagh, and J. Leiper
  Against (4)	G. Gower, T. Tierney, C. Curry, and S. Desroches

  Lost (2 to 4)
• BE IT FURTHER RESOLVED that the Interim City Manager be directed to bring forward to Council a revised proposal for Delegated Authority with respect to the Stage 1 and Stage 2 Project Agreements that would permit Council to retain oversight over material amendments to the Project Agreements while ensuring technical and day-to day operational matters continue to be managed by the subject matter expert City staff.

  Withdrawn

6.

In Camera Items

There were no in camera items.

7.

Notices of Motions (For Consideration at Subsequent Meeting)

There were no Notices of Motion.

8.

Inquiries

There were no Inquiries.

9.

Other Business

9.1

Update – Rail Safety Advisory letter from Transportation Safety Board of Canada

With the will of Committee, Renée Amilcar, General Manager, Transit Services Department, and Richard Holder, Director, Engineering Services, provided an oral update and answered questions from the Committee.

10.

Adjournment

Next Meeting: to be determined.

The meeting adjourned at 11:23 am.