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Meeting No. 1980
Wednesday, February 25, 2015
1:00 PM

Council Chamber
Toronto City Hall, 100 Queen Street West

A meeting of the TTC Board was held in Council Chamber, Toronto City Hall, 100 Queen Street West, Toronto, Ontario, on Wednesday, February 25, 2015 commencing at 10:04 a.m. The meeting recessed at 10:05 a.m. on resolution to meet as the Committee of the Whole.

Present - Committee of the Whole

M. Adamson (Vice-Chair), J. Campbell, S. Carroll, V. Crisanti, N. Di Donato, A. Heisey Q.C., and J. Mihevc (Members), A. Byford, S. Ghaly, R. Leary, V. Rodo, G. Shortt, J. Taylor, C. Upfold, G. Piemontese, B. Leck, B. Ross, J. Lee, J. Kervin, M. MacRae, V. Guzzo, K. Lee and D. McDonald.

K. Rowe (Chair’s office) was also present.

M. Adamson was in the Chair.

The meeting re-convened in public at 1:10 p.m.

J. Colle (Chair), M. Adamson (Vice-Chair), J. Campbell, S. Carroll, V. Crisanti, G. De Baeremaeker, N. Di Donato, A. Heisey Q.C., J. Mihevc, D. Minnan-Wong and A. Virmani (Members), A. Byford (Chief Executive Officer), R. Thompson (Chief Project Manager – Scarborough Subway Extension), R. Leary (Chief Service Officer), V. Rodo (Chief Financial & Administration Officer), G. Shortt (Chief Operating Officer), J. Taylor (Chief of Staff), C. Upfold (Deputy Chief Executive Officer & Chief Customer Officer), B. Ross (Executive Director of Corporate Communications), J. Lee (Head of Materials & Procurement), B. Leck (Head of Legal & General Counsel), M. Palmer (Deputy Chief Operating Officer), M. Cousins (Head of Transit Enforcement), C. Thoun (Head of Customer Communications), A. Borkwood (Head of Customer Development), M. Picard (Customer Development Manager), V. Artemyeva (Research Manager), Sgt. M. Killingsworth (Transit Enforcement), K. Lee (Head of Commission Services) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

J. Colle was in the Chair.

B. Ashby of Malatest & Associates Ltd. was present for Item 2(a).

Declaration of Interest - Municipal Conflict of Interest

Nil

Minutes of the Previous Meetings

Vice-Chair Adamson moved that the Board approve the minutes from Meeting No. 1978 and Meeting No. 1979 and that the Chair and Chief Financial & Administration Officer be authorized to sign the same.
The motion by Vice-Chair Adamson carried.

Business Arising Out of Minutes

Nil

Committee of the Whole Resolution

NIL

Public Presentations

a) Appointments to TTC Working Groups

Alan Yule

The Board received the deputation for information.

(See Item No. 9(b) for minute).

b) Overview of the Transit Enforcement Unit

Councillor Gord Perks
City of Toronto

Chair Colle moved that the Board waive Section 13(a) of the Procedures Bylaw relating to notice provisions for public presentations to permit a deputation from Councillor Gord Perks on this item.

The motion by Chair Colle carried on a two thirds vote of the members present.

The Board received the deputation for information.
(See Items Deferred from Last Meeting for minute).

Notice of Motions

a) TTC and Metrolinx Boards – Cross Appointments
Moved by: Commissioner Heisey

Seconded by: Commissioner Minnan-Wong

Whereas Metrolinx and the TTC have overlapping jurisdictions for transit and transportation planning within the City of Toronto;

Whereas Metrolinx and the TTC have many interchange stations between the GO Transit Rail and Bus Network and the TTC system;

Whereas the TTC and GO Transit systems share the same electronic payment system Presto;

Whereas Metrolinx is constructing and may be operating the Eglinton LRT entirely within the boundaries of the City of Toronto when completed;

Whereas the GO Transit network carried 60 million passengers in the GTA in 2013 and the TTC carried 525 million passengers in 2013;

Whereas the TTC and GO Transit staff already work together on many projects and initiatives;

Whereas further integration of the TTC and Metrolinx systems is desirable and in the interest of all residents in the GTA;

Whereas Toronto City Council on April 1, 2 and 3, 2014, in dealing with Item EX39.2: Metrolinx Investment Strategy Update adopted a request from City Council to the Province to undertake a comprehensive review of the Metrolinx Board governance structure that includes:

a) Changes to the board composition of Metrolinx, including political municipal and citizen representation;

b) consultation with Greater Toronto and Hamilton Area (GTHA) municipalities and key stakeholders in the process; and

c) enhancing the transparency of the Metrolinx Board decision-making processes to the public;

Whereas City Council at its meeting of December 11, 2014 in dealing with Item EX1.12, approved development of a work plan to align and implement Smart Track with the Metrolinx Regional Express Rail plans; and

Whereas a discounted GO Transit fare for TTC customers travelling between Union and either Exhibition or Danforth GO train stations was unveiled as a pilot program by TTC and Metrolinx officials on January 16, 2015;

Be it resolved that the TTC Board:

1. Endorse that the following criteria be considered in determining a revised Metrolinx Board structure, and relay this information to the City Manager for information and consideration in any future report to Council in regard to this matter:

Criteria: Cross-representation between the TTC and Metrolinx Boards to ensure a member of each Board is represented on the other.

Approved

Motions Without Notice

Nil

Items of Which Notice has Previously Been Given

Nil

Items Deferred From Last Meeting to Permit Debate/Public Presentation

a) Overview of the Transit Enforcement Unit

The Board received the information provided in the Overview of the Transit Enforcement Unit.
After a round of member questions and speaking on the item, Commissioner Crisanti moved that all motions be voted on separately and that recorded votes be taken for each.

The motion by Commissioner Crisanti carried.

Commissioner Mihevc moved the following motion:

The Toronto Transit Commission:

1. Approve a modified uniform for fare inspectors that is more customer-friendly.

2. Support mental health training for all fare inspectors.

3. Continue to search for a third party that can undertake the oversight function for fare inspectors.

4. Approve in principle a pilot project where fare inspectors on a system-wide basis have no baton and no handcuffs; request staff to report back on an implementation strategy and third party evaluation process.
Commissioner Campbell moved the following amendment to Commission Mihevc’s motion:

That the words "no baton and" be deleted from Part 4 of the motion.

On Commissioner Campbell’s amendment motion:

In favour: Chair J. Colle, Commissioners V. Crisanti, D. Minnan-Wong and J. Campbell.

Opposed: Vice-Chair M. Adamson, Commissioners G. De Baeremaeker, N. Di Donato, S. Carroll, A. Heisey, J. Mihevc and A. Virmani.

The amendment motion by Commissioner Campbell lost on a vote of 4 to 7.

On Commissioner Mihevc’s Motion:

Part 1:

In favour: Chair J. Colle, Commissioners A. Virmani, J. Mihevc, J. Campbell, A. Heisey, N. Di Donato and G. De Baeremaeker.

Opposed: Vice-Chair M. Adamson, Commissioners D. Minnan-Wong, S. Carroll and V. Crisanti.

Part 1 of Commissioner Mihevc’s motion carried on a vote of 7 to 4.

Part 2:

Part 2 of Commissioner Mihevc’s motion carried on a unanimous vote.

Part 3:

Part 3 of Commissioner Mihevc’s motion carried on a unanimous vote.

Part 4:

In favour: Commissioners S. Carroll, G. De Baeremaeker, N. Di Donato and J. Mihevc.
Opposed: Chair J. Colle, Vice-Chair M. Adamson, Commissioners J. Campbell, V. Crisanti, A. Heisey, D. Minnan-Wong and A. Virmani.

Part 4 of Commissioner Mihevc’s motion lost on a vote of 4 to 7.

Commissioner Mihevc then moved an amended version of Part 4 of his motion, as follows:

“4. Approve in principle a pilot project where one or two LRT or streetcar lines are chosen where fare inspectors have no baton and no handcuffs; request staff to report back on an implementation strategy and third party evaluation process”.

In favour: Chair J. Colle, Commissioners S. Carroll, G. De Baeremaeker, N. Di Donato, A. Heisey, J. Mihevc and A. Virmani.

Opposed: Vice-Chair M. Adamson, Commissioners J. Campbell, V. Crisanti and D. Minnan-Wong.

The amended version of Part 4 of Commissioner Mihevc’s motion carried on a vote of 7 to 4.

Commissioner De Baeremaeker moved the following motion:

“When recruiting Transit Fare Inspectors, TTC staff reach out to diverse communities in Toronto through all available avenues such as advertising in community newspapers, websites, job fairs, and community organizations in order to recruit a breadth of women and men who are qualified and reflect the TTC customers they will interact with on a daily basis”.

The motion by Commissioner De Baeremaeker carried on a unanimous vote.

Commissioner Heisey moved the following motion:

That staff report back to the Commission on powers for Enforcement Officers and Special Constables to issue tickets for parking by-law enforcement infractions and other traffic by-law charges (i.e. blocking intersections on transit routes and stops.)

The motion by Commissioner Heisey carried on a unanimous vote.

The Board adopted the item, as amended.

  1. Reports with Confidential Attachments (Committee of the Whole)

    a) Random Alcohol and Drug Testing – Update (confidential attachment)

    The Board deferred this item to the next regular meeting of the Board.

  2. Presentations

    a) Employee Engagement Survey Results

    Bess Ashby, Malatest & Associates Ltd., and Arthur Borkwood, Head of Customer Development delivered a PowerPoint presentation on this item.

    The Board received the presentation for information.

  3. Budget Matters
    See Item No. 17 for the CEO’s Report – February 2015 Update
  4. Procurement Authorizations
    Nil
  5. Procurement Authorization Amendments
    Nil
  6. Notice of Awards
    Nil
  7. Service Matters
    Nil
  8. Accessibility Issues

    a) Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for December 18, 2014

    The Board received the ACAT General Monthly Meeting minutes for information.

  9. Other Business

    a) Harbourfront LRT – Queen’s Quay Station

    The Board received the staff report for information.

    b) Appointments to TTC Working Groups

    The Board appointed the following members to the Advertising Review Working Group:

    • J. Colle
    • J. Campbell
    •  G. De Baeremaeker
    •  D. Minnan-Wong

    The Board appointed the following members to the TTC Budget Working Group:

    •  J. Colle
    •  S. Carroll
    •  J. Mihevc

    The Board appointed the following members to the TTC E-System Working Group:

    •  J. Campbell
    •  J. Mihevc
    •  A. Virmani

    The Board adopted the item, as amended.

    c) Outstanding Board Items

    The Board received the staff report for information.

  10. New Business
    Nil
  11. Correspondence

    Councillor Josh Matlow regarding the Scarborough Subway Extension Project Management Services.

    The Board received the communication for information.
    (See Item No. 15 for minute).

    Supplementary Agenda


    Reports with Confidential Attachments (Committee of the Whole)

    11. Toronto-York Spadina Subway Extension Update (confidential attachment)

    1. The Board received the information provided in the confidential verbal update and approved the confidential instructions provided to staff; and

    2. Authorized that the information provided in the confidential verbal update remains confidential in its entirety as it contains information that is subject to solicitor-client privilege.

    12. Changes to TTC Resignalling Contracts (confidential attachment)

    1. The Board received a confidential verbal update on this item: and

    2. Authorized that the information provided in the confidential verbal update is to remain confidential in its entirety as it contains information that is subject to solicitor-client privilege.

    13. St. Clair West Easier Access Property Acquisition – Status Update (confidential attachment)

    1. The Board received the report for information and approved the confidential instructions provided to staff; and

    2. Authorized the public release of the confidential information contained in Attachment 1 once there has been a final determination of the compensation payable to the owner by the arbitration, appeal or settlement to the satisfaction of the City Solicitor.

    14. Procurement Process Presentation

    The Board deferred this item to the next regular meeting of the Board.

    15. Procurement Authorization – Scarborough Subway Extension Project Management Services – Contract FE85-3

    The Board approved the recommendation in the staff report, as follows:

    “It is recommended that:

    1. The Board authorize the award of Contract FE85-3 for Project Management Services for the Scarborough Subway Extension (SSE) to Scarborough Link Joint Venture, in the upset limit amount of $80 million, in Canadian funds, with a duration of ten (10) years from the Notification of Award, on the basis of highest total weighted score”.

    Commissioner Mihevc moved the following ancillary motion:

    “Request staff to report back on the following:

    1. Overall governance structure for project delivery; and

    2. A high level Gantt chart, recognizing that it is very preliminary.

    The motion by Commissioner Mihevc carried.

    The Board adopted the item, as amended.

    16. Procurement Authorization Amendment – 50 Forty Foot Low Floor Clean Diesel City Buses

    It is recommended that the Board:

    1. authorize the amendment to contract C32PM13774 (Supplying of 55 Forty Foot Low Floor Clean Diesel City Buses) with Nova in the amount of $30,010,975.00 as follows:

    a) $29,670,975.00 inclusive of all applicable taxes for the purchase of 50 additional buses for delivery in 2015 and early 2016.

    b) $340,000.00 inclusive of all applicable taxes as an upset limit change allowance for potential contract amendments, options, alternatives, special tools and maintenance parts pertaining to the buses. This upset limit amount will be combined with the previously approved upset limit of $660,000.00 for a total upset limit amount of $1,000,000.00 for the entire contract.

    c) Revise the current contract delivery schedule to allow for the delivery of the additional 50 buses by January 29, 2016 and accelerate the deliveries of the previously ordered 55 buses as detailed in Appendix A. Deliveries will be subject to the assessment of liquidated damages by TTC.

    Approved

    17. Chief Executive Officer’s Report – February 2015 Update

    The Board received the Chief Executive Officer’s Report – February 2015 Update for information.

    18. 2015 TTC Operating Budget Amendments

    It is recommended that:

    1. The TTC Board approve staff’s proposed reduction of $5 million in budgeted expenditures and the reduction of 108 workforce positions as detailed in this report.

    Approved

    The meeting adjourned at 4:50 p.m.

    TTC Board Members

    Chair - Councillor Josh Colle, Vice-Chair - Maureen Adamson (citizen), Councillor John Campbell, Councillor Shelley Carroll, CouncillorVincent Crisanti, Councillor Glenn De Baeremaeker, Nick Di Donato (citizen), Alan Heisey Q.C. (citizen), Councillor Joe Mihevc, Councillor Denzil Minnan-Wong, Anju Virmani (citizen)