Board Meeting - May 18, 2017

Meeting No. 2010 held on Thursday, April 20, 2017

Public Presentations - May 18, 2017 

Item 1. Chief Executive Officer's Report - May 2017 Update (For Information)

• Staff report for item 1
• Decision for item 1

Item 2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for March 30, 2017 (For Information)

• Staff report for item 2
• Decision for item 2

Item 3. Presentation: Susan E. Opler, Ombudsman Toronto Report: An Investigation into the Toronto Transit Commission's Oversight of its Transit Enforcement Unit (For Information)

• External presentation for item 3
• Decision for item 3

Item 4. Presentation: Street Closures and TTC Service Diversions (For Information)

• Staff report for item 4
• Staff presentation for item 4
• Decision for item 4

Item 5. Presentation: Project Progress Update for Toronto-York Spadina Subway Extension (For Information)

• Staff report for item 5
• Decision for item 5

Item 6. Changes to TTC Bus Routes for Line 1 Extension (For Action)

• Staff report for item 6
• Decision for item 6

Item 7. Toronto-York Spadina Subway Extension (TYSSE) Procurement Authorization Amendment to Construction Management Services Contract A85-97 (For Action)

• Staff report for item 7
• Decision for item 7

Item 8. Toronto-York Spadina Subway Extension (TYSSE) Claims Settlement Update (For Action)

This report contains advice or communications that are subject to Solicitor-Client Privilege.

• Staff report for item 8
• Decision for item 8

Item 9. Random Testing - Legal Status Update (For Action)

This report is about labour relations, litigation or potential litigation and contains advice or communications that are subject to Solicitor-Client Privilege.

• Staff report for item 9
• Decision for item 9

Item 10. PRESTO Civil Works - Fare Gates (For Action)

This report is about litigation or potential litigation.

• Staff report for item 10
• Decision for item 10

Item 11. Surplus Land Review - Additional Properties List (For Action)

This report is about a proposed or pending acquisition or disposition of land for municipal or local board purposes.

• Staff report for item 11
• Decision for item 11

Item 12. Surplus Land Review Update and Declaration of Surplus TTC Properties (For Action)

• Staff report for item 12
• Decision for item 12

Item 13. Advancing Planning and Design for the Relief Line and Yonge Subway Extension (For Action)

• Staff report for item 13
• External presentation for item 13
• Decision for item 13

Item 14. Changes to TTC Bus Routes for Renforth Gateway Station (For Action)

• Staff report for item 14
• Decision for item 14

Item 15. Update to TTC Service Standards (Presentation Available) (For Action)

• Staff report for item 15
• Decision for item 15

Item 16. TTC Pension Fund Society and TTC Sick Benefit Association Bylaw Amendments (For Action)

• Staff report for item 16
• Decision for item 16

Item 17. Annual Safety, Health & Environment (SH&E) Management System Review - 2017 to 2019 TTC Corporate SH&E Goals and Objectives (For Information)

• Staff report for item 17
• Decision for item 17

Item 18. Appointment of Chair to the Audit & Risk Management Committee and Budget Committee (For Action)

• Staff report for item 18
• Decision for item 18

Item 19. Notice of Motion: Air Quality in the TTC Subway System (For Action)

• Staff report for item 19
• Decision for item 19

Item 20. Toronto York Spadina Subway Extension (TYSSE) Settlement of Claim - Highway 407 Station and Northern Tunnels - Contract A35-26 (For Action)

This report contains advice that is subject to Solicitor-Client privilege.

Supplementary item was posted on May 16, 2017.

• Staff report for item 20
• Decision for item 20

J. Colle (Chair), A. Heisey (Vice-Chair), R. Byers, J. Campbell, V. Crisanti, G. De Baeremaeker, J. De Laurentiis, M. Fragedakis, R. Lalonde, and J. Mihevc (Members), A. Byford (Chief Executive Officer), V. Rodo (Chief Financial & Administration Officer, J. Taylor (Chief of Staff), R. Leary (Chief Service Officer), S. Reed Tanaka (Chief Capital Officer), M. Palmer (Chief Operating Officer), G. Piemontese (Chief People Officer), J. O’Grady (Chief Safety Officer), B. Ross (Executive Director - Corporate Communications), S. Hewitt (Chief Executive Officer – Pension Fund Society), B. Leck (Head - Legal & General Counsel), K. Watson (Deputy Chief Service Officer), J. Ross (Deputy Chief Operating Officer), J. Kervin (Director – Third Party Planning & Property), K. Sibley (Project Director – TYSSE), M. MacRae (Director – Employee Relations), M. Cousins (Head – Transit Enforcement), P. Kraft (Head – Property, Planning & Development), C. Thoun (Head – Customer Communications),  E. Wiggins (Head – Wheel-Trans), T. Zlotnik (Head – Materials & Procurement), I. Dickson (Manager – Design and Wayfinding), M. Killingsworth (Staff Sergeant – Transit Enforcement)), M. Mis (Manager – Service Planning), M. MacKay (Project Manager – Construction Department), M. Hagg (Senior Planner – System Access), K. Lee (Head - Commission Services) and C. Finnerty (Co-ordinator – Secretariat Services) were present.

Vice-Chair Heisey excused himself from participating on Item 11 – Surplus Land Review – Additional Properties List as he has professional interests in properties nearby two of the properties identified in the subject report.

Vice-Chair Heisey moved that the Board approve the minutes of the meeting held on Thursday, April 20, 2017.

The motion by Vice-Chair Heisey carried.

Nil

Item No. 4 Presentation: Street Closures and TTC Service Diversions

Chair Colle moved that the Board waive Section 12 and Section 13(a) of the Procedural By-law relating to restrictions on public presentations and notice provisions for public presentations to permit a deputation on this item from the following speaker:

Councillor Gord Perks

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

The Board received the deputation for information.

(See Item No. 4 for minute)

Item No. 7. Toronto York Spadina Subway Extension (TYSSE) Procurement Authorization Amendment to Construction Management Services

Contract A85-97

Rosemary Frei

The Board received the deputation for information.

(See Item No. 7 for minute)

Item No. 8. Toronto-York Spadina Subway Extension (TYSSE) Claims Settlement Update

Brenda Thompson

The Board received the deputation for information.
(See Item No. 8 for minute)

Item No. 12 Surplus Land Review Update and Declaration of TTC Surplus Properties

Chair Colle moved that the Board waive Section 13(a) of the Procedural By-law relating to notice provisions for public presentations to permit a deputation on this item from the following speaker:

Councillor Christin Carmichael Greb

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

The Board received the deputation for information.

(See Item No. 12 for minute)

In accordance with section 18 of the Procedural By-law Chair Colle moved receipt of a petition submitted to the General Secretary related to Item No. 12.

The motion by Chair Colle carried.

Item No. 13 Advancing Planning and Design for the Relief Line and Yonge Subway Extension

Hamish Wilson

The Board received the deputation for information.

(See Item No. 13 for minute)

Item No. 19 Notice of Motion: Air Quality in the TTC Subway System

Kingsley Kwok

The Board received the deputation for information.

(See Item No. 19 for minute)

1.Chief Executive Officer’s Report – May 2017 Update

The Chief Executive Officer introduced Anastassia Chouryguina, Victor Tang and Swasini Sudarsan, recent graduates of the TTC’s Graduate Development Leadership Program.

The Chief Executive Officer further acknowledged the Subway Transportation Peer Support Team and advised the Board that the TTC was presented with a Corporate Leadership Award for Safety & Security by the Canadian Urban Transit Association for the work of the team.

The Board received the Chief Executive Officer’s Report – May 2017 Update for information.

2.Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for March 30, 2017

ACAT Chair Debbie Gillespie introduced this item.

Following the ACAT Chair’s comments the Board received for information the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting of March 30, 2017.

3.Presentation: Susan E. Opler, Ombudsman Toronto Report: An Investigation into the Toronto Transit Commission’s Oversight of its Transit Enforcement Unit

Susan E. Opler, Ombudsman, delivered a PowerPoint presentation on this item.

The Board received the presentation and the Ombudsman Toronto report for information.

4.Presentation: Street Closures and TTC Service Diversions

Jim Ross, Deputy Chief Operating Officer and Kirsten Watson, Deputy Chief Service Officer delivered a PowerPoint presentation on this item.
The Board received the presentation and the staff report for information.

5.Presentation: Project Progress Update for Toronto-York Spadina Subway Extension
Joanna Kervin, Director, Third Party, Planning and Property, Toronto-York Spadina Subway Extension delivered a PowerPoint presentation on this item.

The Board received the presentation and the staff report for information.

6.Changes to TTC Bus Routes for Line 1 Extension
It is recommended that the TTC Board:

1.Approve the implementation of the bus route changes detailed in this report, effective in late 2017; and
2.Forward this report to Transportation Services and the affected City Councillors.

Approved

7. Toronto-York Spadina Subway Extension (TYSSE) Procurement Authorization Amendment to Construction Management Services Contract A85-97

It is recommended that the Board authorize:

1.Contract amendment to Morrison Hershfield Ltd. for Construction Management Services, Contract A85-97, increasing the contract upset limit amount by $4,110,000.00 bringing the total upset limit to $92,210,000.00 and extending the contract expiry date to December 31, 2017.

Approved

8.Toronto-York Spadina Subway Extension (TYSSE) Claims Settlement Update

It is recommended that the Board:

1.Receive a confidential update related to the status of TYSSE claims settlement.

2.Authorize that the information provided in the confidential update is to remain confidential in its entirety as it contains information or communication that is subject to solicitor – client privilege.

Approved

9. Random Testing – Legal Status Update

It is recommended that the Board:

1.Receive the information as set out in the Confidential Attachment;
2.Approve the confidential recommendations as set out in the Confidential Attachment; and
3.Not release the information as set out in the Confidential Attachment as it relates to labour relations, litigation affecting the municipality or local Board and contains advice that is subject to solicitor-client privilege.

Approved

10.PRESTO Civil Works – Fare Gates

It is recommended that the Board:

1.Receive the information as set out in the Confidential Attachment;

2.Approve the confidential recommendations as set out in the Confidential Attachment;

3.Not release the information as set out in the Confidential Attachment until any outstanding matter relating to the implementation of the fare gates has been determined or resolved.

Approved

11.Surplus Land Review – Additional Properties List

It is recommended that:

1.The Board receive the information contained in Attachment 1 - Confidential Information for information.

2.The Board not authorize the public release of the information contained in Attachment 1 - Confidential Information until the properties have been formally declared surplus by the TTC.

Approved

12.Surplus Land Review Update and Declaration of Surplus TTC Properties

Chair Colle moved the following motion:

1.The Board declare the following corporate real estate asset surplus to the operational needs of the TTC:

a.1870 Avenue Road in its entirety (Roe Loop):

2.The Board authorize staff to release this asset to the City of Toronto through the Property Management Committee (PMC) process, in accordance with the City of Toronto’s Principles of a City Real Estate Strategy, on terms and conditions acceptable to the TTC’s Head of Legal and General Counsel; and

3.The Board authorize staff to work with the local Councillor’s office and appropriate City agency on the future use, method of disposal, agreements and compensation, if applicable including land swap consideration if used by TPA in the future, for the disposition of the Roe Loop property located at 1870 Avenue Road.

The motion by Chair Colle lost.

Chair Colle moved the following motion:

1.The Board declare the following corporate real estate assets surplus to the operational needs of the TTC:

a.64-70 Parliament Street;
b.Lands adjacent to 151 Rumsey Road; and
c.Northern portion of 1870 Avenue Road (Roe Loop);

2.The Board authorize staff to release these assets to the City of Toronto through the Property Management Committee (PMC) process, in accordance with the City of Toronto’s Principles of a City Real Estate Strategy, on terms and conditions acceptable to the TTC’s Head of Legal and General Counsel; and

3.The Board authorize staff to work with the local Councillor’s office and appropriate City agency on the future use, method of disposal, agreements and compensation, if applicable including land swap consideration if used by TPA in the future, for the disposition of the northern portion of Roe Loop located at 1870 Avenue Road.

4.That the TTC begin to track the usage of the remaining portion of the Roe Bus Loop (1870 Avenue Rd) with a more detailed assessment of the contingency needs of the asset.

The motion by Chair Colle carried.

Commissioner De Baeremaeker requested reconsideration of Chair Colle’s motion.

Commissioner De Baeremaeker’s motion carried on a 2/3 vote of the members present.

Commissioner De Baeremaeker moved an amendment to 1c. of the original motion to add the following statement:

“and that the TTC encourage the City to use the lands as a community park.”

The motion by Commissioner De Baeremaeker lost on a tie vote.

Chair Colle moved the staff recommendations, as amended, and as follows:

1.The Board declare the following corporate real estate assets surplus to the operational needs of the TTC:

a. 64-70 Parliament Street;
b.Lands adjacent to 151 Rumsey Road; and
c.Northern portion of 1870 Avenue Road (Roe Loop);

2.The Board authorize staff to release these assets to the City of Toronto through the Property Management Committee (PMC) process, in accordance with the City of Toronto’s Principles of a City Real Estate Strategy, on terms and conditions acceptable to the TTC’s Head of Legal and General Counsel; and

3.The Board authorize staff to work with the local Councillor’s office and appropriate City agency on the future use, method of disposal, agreements and compensation, if applicable including land swap consideration if used by TPA in the future, for the disposition of the northern portion of Roe Loop located at 1870 Avenue Road.

4.That the TTC begin to track the usage of the remaining portion of the Roe Bus Loop (1870 Avenue Rd) with a more detailed assessment of the contingency needs of the asset.

The motion by Chair Colle carried and the item was adopted, as amended.

13.Advancing Planning and Design for the Relief Line and Yonge Subway Extension

John Livey, Deputy City Manager, and Peter Notaro, Executive Director – Strategic and Corporate Policy, City of Toronto, delivered a presentation to the Board on this item.

The Board received the presentation for information.

Chair Colle moved adoption of the recommendations in the staff report and requested a recorded vote on the item.

1.Receive the City report;

2.Further to recommendation 3 of the City report, authorize the Chief Executive Officer, Toronto Transit Commission to negotiate and enter into a Memorandum of Understanding with Metrolinx and City of Toronto to define roles and responsibilities and the cost-sharing agreement between Metrolinx, the City of Toronto, and Toronto Transit Commission, as described in this report, to complete the planning and design work required to develop a Class 3 cost estimate and schedule for the Relief Line South; and

3.Further to recommendation 7 of the City report, authorize the Chief Executive Officer to enter into a Memorandum of Understanding with Metrolinx, York Region, and City of Toronto to define roles and responsibilities as described in Recommendation 6 of the City report, for the TTC to recover the full costs from Metrolinx and York Region of completing the planning and design work required to develop a Class 3 cost estimate and schedule for the Yonge Subway Extension.

In favour: Chair Colle, Vice-Chair Heisey, Commissioners Byers, Campbell, De Baeremaeker, De Laurentiis, Fragedakis, Lalonde, and Mihevc
Opposed: Nil

Not present for the vote on this item: Commissioner Crisanti

The motion carried unanimously.

Commissioner DeLaurentiis moved the following motion:

That staff provide the TTC Audit & Risk Management Committee with an update on the details of the two recommended MOU’s prior to the TTC entering into these agreements to allow the TTC Board to understand the framework defining roles, responsibilities and cost sharing arrangements among the parties.

The motion by Commissioner De Laurentiis carried.

Commissioner Byers moved the following motion:

That TTC Management ask Infrastructure Ontario to appear before either the TTC Board, or the Procurement Working Group to discuss alternative approaches to large transit project procurement.

The motion by Commissioner Byers carried.

14.Changes to TTC Bus Routes for Renforth Gateway Station

It is recommended that the TTC Board:

1.Approve the implementation of the bus route changes detailed in this report, effective as soon as Renforth Gateway Station is available for use (currently anticipated as September 3, 2017);

2.Forward this report to Transportation Services and the affected City Councillors.

Approved

15.Update to TTC Service Standards

Vice-Chair Heisey moved the following motion:

1.That this item be deferred to the next scheduled TTC Board meeting.

The motion by Vice-Chair Heisey lost.

Commissioner Mihevc moved the staff recommendations, as amended by the addition of recommendation 2, as follows:

1.Approve the service standards attached to this report to help guide the process by which the TTC plans and evaluates transit services to ensure that the TTC meets its responsibility of providing service effectively and efficiently;

2.Request TTC staff to review and report back as part of the Ridership Growth Strategy on:

a.A lower loading standard;

b.Improved maximum headway standard, especially for buses (for example,

15 minute maximum headway);

c.Route by route strategies to address road traffic impediments to enhance the
efficiency of each route (eg. left/right turn prohibitions, far side/near side stops, etc.)
Commissioner Campbell requested that each recommendation be voted on separately.

Recommendations 1 and 2 a. and b. carried unanimously

Recommendation 2 c. lost.

The item was adopted, as amended.

16.TTC Pension Fund Society and TTC Sick Benefit Association Bylaw Amendments

It is recommended that the TTC Board approve:

1.The TTC PFS Bylaw amendments, attached to this report as Appendix A.

2.The TTC Sick Benefit Association Bylaw Amendments, attached to this report as Appendix B

Approved

17.Annual Safety, Health & Environment (SH&E) Management System Review – 2017 to 2019 TTC Corporate SH&E Goals and Objectives

The Board received the Annual Safety, Health & Environment (SH&E) Management System Review – 2017 to 2019 TTC Corporate SH&E Goals and Objectives for information.

18.Appointment of Chair to the Audit & Risk Management Committee and Budget Committee

Commissioner Mihevc moved the following motion:

1. Josh Colle be appointed as Chair of the Audit & Risk Management Committee.

2. John Campbell be appointed as Chair of the Budget Committee.

The motion by Commissioner Mihevc carried.

19.Notice of Motion: Air Quality in the TTC Subway System

Commissioner De Baeremaeker moved referral of Commissioner Mihevc’s motion and requested a further joint report in June from staff of the TTC and Toronto Public Health on ways and means to study the potential impacts of air quality issues in the subway system and whether any other major subway systems have undertaken similar work.

The motion by Commissioner De Baeremaeker carried.

20.Toronto York Spadina Subway Extension (TYSSE) Settlement of Claim – Highway 407 Station and Northern Tunnels – Contract A35-26

It is recommended that the TTC Board:

1.Approve the recommendations outlined in the confidential attachment.

Approved
The meeting adjourned at 6:05 p.m.