Board Meeting - July 10, 2018

Meeting No. 2026 held on Tuesday, June 12, 2018

Public Presentations - July 10, 2018

Item 1. Chief Executive Officer's Report - July 2018 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 May 31, 2018 (For Information)

• Staff report for item 2
• Decision for item 2

Item 3. Toronto York Spadina Subway Extension (TYSSE) Claims Settlement Update (For Action)

This report contains advice or communications that are subject to solicitor-client privilege, including communications necessary for that purpose.

• Staff report for item 3
• Decision for item 3

Item 4. New TTC Bus Storage and Maintenance Facility (For Action)

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

• Staff report for item 4
• Decision for item 4

Item 5. Ongoing TTC Benefits Fraud Investigation (For Action)

This report is about labour relations or employee negotiations and contains advice or communications that are subject to solicitor-client privilege.

• Staff report for item 5
• Decision for item 5

Item 6. 2018 Mid-Year Workforce Increase (For Action)

This report is about labour relations and employee negotiations and contains advice or communications that are subject to solicitor-client privilege.

• Staff report for item 6
• Decision for item 6

Item 7. Auditor General's Report: Review of Toronto Transit Commission (TTC) Employee Expenses and Reward and Recognition Programs: Opportunities to Improve Policies and Controls and Save Costs (For Action)

• External report for item 7
• Decision for item 7

Item 8. Internal Audit Quarterly Update: Q2 2018 (For Information)

• Staff report for item 8
• Decision for item 8

Item 9. Financial Update for the Period Ended June 2, 2018 (For Action)

• Staff report for item 9
• Decision for item 9

Item 10. Pioneer Village Station Art Installation Update (For Action)

• Staff report for item 10
• Decision for item 10

Item 11. Hillcrest Complex - Property Study (For Action)

Correspondence submitted by Phillip Webb.

• Staff report for item 11
• Decision for item 11

Item 12. Scarborough Subway Extension - Procurement Amendment Authorization (For Action)

• Staff report for item 12
• Decision for item 12

Item 13. Yonge Subway Extension - Station Design (For Action)

Correspondence submitted by Hamish Wilson.

• Staff report for item 13
• Decision for item 13

Item 14. Request to Improve Transit Service along the Dufferin Street Corridor (For Action)

Correspondence submitted by Alexander Lisman, Jaime Kemp, Jonathan Dursi.

• Staff report for item 14
• Decision for item 14

Item 15. Routing Changes - Junction Area Study Update (For Action)

• Staff report for item 15
• Decision for item 15

Item 16. Investigation into Incident dated February 18, 2018 Involving Transit Fare Inspectors (For Action)

• Staff report for item 16
• Decision for item 16

Item 17. 2017 Annual Public Report - Transit Enforcement Unit Complaints (For Information)

• Staff report for item 17
• Decision for item 17

Item 18. 2017 TTC Transit Enforcement Annual Reports to the TTC and Toronto Police Service Board (For Action)

• Staff report for item 18
• Decision for item 18

Item 19. Government Management Committee Item 27.13 - Transfer of TTC Lands at 546 Lansdowne Avenue to the City of Toronto (For Information)

• Staff report for item 19
• Decision for item 19

Item 20. Ridership Growth Strategy (RGS) - Status Update (For Information)

• Staff report for item 20
• Decision for item 20

Item 21. New Streetcar Program - Resubmission of RFI Results for 60 Additional Streetcars (For Action)

Request for Information (RFI) for 60 Additional Streetcars (For Action) - Deferred from June 12, 2018.

• Staff report for item 21
• Decision for item 21

Item 22. Appointment - Chief Executive Officer (For Action)

This report deals with personal matters about an identifiable individual.

• Staff report for item 22
• Decision for item 22

Item 23. Notice of Motion: Coordination between the TTC and Metrolinx Board

Submitted by Vice-Chair Alan Heisey and seconded by Commissioner Joanne De Laurentiis.

• Staff report for item 23
• Decision for item 23

Item 24. (New) New Business: Public Transit Integration in the City of Toronto

Submitted by Vice-Chair Alan Heisey.

• Staff report for item 24
• Decision for item 24

Item 25. (New) New Business: Integrated Mobility

Submitted by TTC Chair Josh Colle.

• Staff report for item 25
• Decision for item 25

Item 26. (New) New Business: Improving Bikeshare Locations at TTC Sites

Submitted by Commissioner Mary Fragedakis.

• Staff report for item 26
• Decision for item 26

J. Colle (Chair), A. Heisey, Q.C. (Vice-Chair), R. Byers, J. Campbell, V. Crisanti, G. De Baeremaeker, J. De Laurentiis, M. Fragedakis, R. Lalonde and D. Minnan-Wong (Members), R. Leary, J. Fraser, C. Greenwood, J. O'Grady, M. MacRae, G. Piemontese, B. Ross, J. Ross, S. Reed Tanaka, J. Taylor, K. Watson, D. Wright, M. Atlas, S. Conforti, C. Leach, B. Leck, K. Lee and C. Finnerty.
T. Baik and C. Bergquist were present for Item 3.

P. Kraft, M. Mis, A. Pritchard, M. Taylor (TTC), R. Glenn (CreateTO) were present for Item 4.

S. Milloy was present for Item 5. 

M. Mis, R. Smith and E. Wiggins were present for Item 6.

G. Piemontese, K. Lee and C. Finnerty were present for Item 22.

D. Magisano (Mayor's Office) was also present.

J. Colle was in the Chair.

J. Colle (Chair), A. Heisey, Q.C. (Vice-Chair), R. Byers, J. Campbell, V. Crisanti, G. De Baeremaeker, J. De Laurentiis, M. Fragedakis, R. Lalonde and D. Minnan-Wong (Members), R. Leary (Chief Executive Officer – Acting), J. Fraser (Acting Deputy Chief Operating Officer), C. Greenwood (Acting Chief Service Officer), M. MacRae (Executive Director – Human Resources), J. O'Grady (Chief Safety Officer), G. Piemontese (Chief People Officer), S. Reed Tanaka (Chief Capital Officer), B. Ross (Executive Director – Corporate Communications), J. Ross (Acting Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Chief Customer Officer/Deputy CEO), D. Wright (Chief Financial Officer), M. Atlas (Associate General Counsel), T. Baik (Project Manager - TYSSE), B. Case (Head – Vehicle Programs), S. Conforti (Head of Finance/Treasurer), J. Darwood (Head – Strategy & Service Planning), G. Downie (Chief Project Manager – Scarborough Subway Extension), B. Leck (Head of Legal and General Counsel), S. Milloy (Director – Employee Relations), M. Mis (Manager – Service Planning), E. Wiggins (Head – Wheel-Trans), R. Wong (Head – Streetcar Maintenance & Infrastructure), K. Lee (Head - Commission Services) and C. Finnerty (Co-ordinator – Secretariat Services) were present.

J. Colle was in the Chair.  

Nil

Commissioner Lalonde moved that the Board approve the minutes of the meeting held on Tuesday, June 12, 2018.

The motion by Commissioner Lalonde carried.

Item No. 1 Chief Executive Officer’s Report – July 2018 Update

Invited: Benoit Brossoit and David Van der Wee (Bombardier Transportation)
Item No. 6 2018 Mid-Year Workforce Increase
Emily Daigle
The Board received the deputation for information.
(See Item No. 6 for minute)

Item No. 14 Request to Improve Transit along the Dufferin Street Corridor

Kingsley Kwok
Anna Kramer
Emily Daigle
The Board received the deputations for information.
(See Item No. 14 for minute)

Item No. 15 Routing Changes – Junction Area Study Update

Alan Yule
Emily Daigle
The Board received the deputations for information.
(See Item No. 15 for minute)

Item No. 18 2017 TTC Transit Enforcement Annual Reports to the TTC and Toronto Police Services Board

Colby Badhwar
Jihong Kim
Pearl Mamba
Farid C. Parvani
Paul Codd
The Board received the deputations for information.
(See Item No. 18 for minute)

1. Chief Executive Officer’s Report – July 2018 Update

Benoit Brossoit and David Van der Wee (Bombardier Transportation) addressed the Board regarding Bombardier's preventative welding maintenance program.

The Board received the Chief Executive Officer’s Report – July 2018 Update for information. 

At the conclusion of this item, Mayor Tory, Chair Josh Colle, TTC Board Members and Richard J. Leary presented Kyle Busquine, Jehangir Faisal and Julio Cabrera with PRESTO Cards loaded with 12 months of free transit in recognition of their efforts to help rescue a blind man who had fallen on the subway tracks at Broadview station on June 28, 2018.

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for May 31, 2018

ACAT Chair Raymond Dell’Aera 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 May 31, 2018.

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

It is recommended that:

1. The Board 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

4. New TTC Bus Storage and Maintenance Facility 

It is recommended that the Board:

1. Confirm the need for a new 350-bus garage and maintenance facility (9th Bus Garage) of approximately 35 acres to be operational in 2026; and
2. Approve the recommendation contained in Confidential Attachment 1 to this report.

Approved

5. Ongoing TTC Benefits Fraud Investigation

 

It is recommended that:

1. The TTC Board adopt the confidential recommendations.
2. Authorize that the information provided in Confidential Attachment 1 remain confidential in its entirety, as it contains information subject to solicitor-client privilege and information about labour relations or employee negotiations.

Approved

6. 2018 Mid-Year Workforce Increase

It is recommended that the Board:

1. Increase the TTC’s 2018 approved workforce complement of 14,507 positions by 184, resulting in an approved complement of 14,691;
2. Increase the TTC Wheel-Trans 2018 approved workforce complement of 588 by 25 positions, resulting in an approved complement of 613;
3. Forward this report to City Council through the City of Toronto Executive Committee for approval of the amended 2018 workforce complement;
4. Direct that the information contained in the Confidential Attachment not be publicly released as it contains information regarding labour relations or employee negotiations, and advice or communications that are subject to solicitor-client privilege, including communications necessary for that purpose.

Approved

7. Auditor General’s Report: Review of Toronto Transit Commission (TTC) Employee Expenses and Reward and Recognition Programs: Opportunities to Improve Policies and Controls and Save Costs

The Board approved the Auditor General’s recommendations, as follows:

The Auditor General recommends that:

1. The Board request the Chief Executive Officer, Toronto Transit Commission, to evaluate its employee reward and recognition programs to determine if they are achieving intended goals and modify the programs where needed.
2. The Board request the Chief Executive Officer, Toronto Transit Commission, to evaluate the costs vs. benefits of its employee reward and recognition programs and consider potential non-monetary recognition strategies as well as whether costs can be reduced.
3. The Board request the Chief Executive Officer, Toronto Transit Commission, to establish a specific purchase code for expenses related to employee rewards and recognition incurred by departments.
4. The Board request the Chief Executive Officer to develop reports and monitor the cost by department of the employee reward and recognition programs and ensure that funds are fairly distributed and used across the various departments.
5. The Board request the Chief Executive Officer, Toronto Transit Commission, to put in place adequate processes and controls to track and reconcile all gift cards for the Zero Injury Award program. Such controls should include steps to ensure only a minimal number of gift cards is kept in inventory and that they are kept locked at all times with adequate access controls.
6. The Board request the Chief Executive Officer, Toronto Transit Commission, to improve controls and efficiency in the Zero Injury program to ensure that:
   1. Award presentations are occurring within two months of plateau levels being reached in order for eligible employees to receive awards
   2. Attendance sheet is provided on a timely basis
   3. Any excess owing for refreshment funds and gift cards is calculated, provided and accounted for.
7. The Board request the Chief Executive Officer, Toronto Transit Commission, to review the cost centres currently eligible for the Zero Injury program to ensure they meet the intent of the safety award program.
8. The Board request the Chief Executive Officer, Toronto Transit Commission, to ensure adequate segregation of duties in the process of ordering default gifts to be shipped to employees.
9. The Board request the Chief Executive Officer, Toronto Transit Commission, to seek ways to streamline the IT processes for the safe worker, safe operator and zero injury award programs.
10. The Board request the Chief Executive Officer, Toronto Transit Commission, to use available Presto reports to track and monitor the usage of pensioners' lifetime passes to measure the cost to the organization and mitigate the risk of potential abuse.
11. The Board request the Chief Executive Officer, Toronto Transit Commission, to consider whether to reinstate a minimum number of years of service for pensioners over 60 years old, to ensure the lifetime pass is awarded to recognize length of service. Any potential modifications would need to be part of future negotiations with the unions.
12. The Board request the Chief Executive Officer, Toronto Transit Commission, to review the criteria and current process for issuing free annual passes to non-TTC staff to ensure valid justification and adequate controls, and to minimize lost revenue opportunities.
13. The Board request the Chief Executive Officer, Toronto Transit Commission, to:
    1. continue to strengthen controls and internal reviews regarding allowable employee expenses for business purposes
    2. update policies to ensure they clarify what employee expenses are acceptable for business purposes and those that are not, and communicate the policy requirements to employees.
14. The Board request the Chief Executive Officer, Toronto Transit Commission, to undertake steps to improve compliance with employee expense policy requirements regarding:
    1. the level of supporting documentation needed and importance of retaining the documents in an organized manner
    2. timely approval and submission of claims
    3. appropriate level of signing authority
    4. requirement for evaluations to be completed for external training.
15. The Board request the Chief Executive Officer, Toronto Transit Commission, to ensure proper records management is in place and is not dependent upon whether the employee is still working at TTC or not.
16. The Board request the Chief Executive Officer, Toronto Transit Commission, to develop guidelines for business trips, improving clarification on allowable expenses and number of attendees/trips per year.
17. The Board request the Chief Executive Officer, Toronto Transit Commission, to provide additional clarification in the following policies pertaining to:
    1. Petty cash policy – refreshments, replenishment guidance, investigative expenses restrictions
    2. Corporate travel policy – meal per diems, sundry/incidental charges, extended stays, accommodation rates, foreign exchange rate.
18. The Board request the Chief Executive Officer, Toronto Transit Commission, to update the training approval form to include required sign-off for available budget, prior to the training expense being approved.
19. The Board request the Chief Executive Officer, Toronto Transit Commission, to consider options to reduce accommodation rates for TTC staff on business travel.
20. The Board request the Chief Executive Officer, Toronto Transit Commission, to explore the opportunity to share services for internal training with the City of Toronto for non-transit specific courses.
21. The Board forward this report to City Council for information through the City's Audit Committee.

8. Internal Audit Quarterly Update: Q2 2018

The Board received this item for information.

9. Financial Update for the Period Ended June 2, 2018

It is recommended that the Board:

1. Ratify a sole source contract amendment in the amount of $3.971 million with Alstom for Line 1 Centralized Signalling System upgrades supporting the delivery of the ATC Resignalling project.

Approved

10. Pioneer Village Station Art Installation Update

It is recommended that the Board:  

1. Approve activating the art installation at Pioneer Village Station upon implementation of the five mitigation principles noted below:
   1. Displaying terms of use relating to the artwork;
   2. Limits to be placed on the time of day the interactive portion of the artwork is accessible to the public. At certain times at night, based on a reduced volume of customers, the interactive portion of the artwork will not be displayed.
   3. Safety related words, which list is to be developed, are to be prohibited.
   4. Inappropriate content contrary to the laws of Canada are to be removed, subject to subsection (e) below.
   5. An independent third party panel is to be established to evaluate the content removed in accordance with subsection (d) and complaints related to inappropriate content and make recommendations for permanent removal or reinstatement.  In order to ensure transparency, all decisions of the third party panel will be publically available, including potentially through the artwork.
2. Approve the artist to revise the artwork and the artistic software to accommodate the mitigating measures. 

Approved

11. Hillcrest Complex – Property Study

It is recommended that the Board:

1. Endorse that Hillcrest Complex remain as one of TTC’s primary operational centres with priority given to maximizing efficient use of the streetcar and bus facilities and office space areas for Operations and Service Delivery functions. 

Approved 

Correspondence submitted by: Philip Webb

12. Scarborough Subway Extension – Procurement Amendment Authorization

Commissioner Byers moved the staff recommendations.  Commissioner Fragedakis requested a recorded vote.

1. Authorize a contract amendment to AECOM for contract FE85-5A – Sheppard East Station, decreasing the contract upset limit amount by $26,000,000, bringing the total upset limit amount to $37,000,000.
2. Authorize a contract amendment to AECOM for contract FE85-5B - Scarborough Centre Station, increasing the contract upset limit amount by $26,000,000, bringing the total upset limit amount to $58,000,000.

In favour: Chair Colle, Commissioners Byers, Campbell, De Baeremaeker, De Laurentiis, Lalonde, Minnan-Wong

Opposed: Vice-Chair Heisey, Commissioner Fragedakis

The motion carried on a vote of 7-2.

13. Yonge Subway Extension – Station Design

It is recommended that:

1. The Board authorize the award of Contract Y85-14 for Station Design - Yonge Subway Extension to the following four firms, in the noted upset limit amounts on the basis of highest total weighted scores:

• IBI/LEA/HHA Joint Venture  $4,800,000
• TYLink  $4,500,000
• Hatch Corporation  $5,100,000
• WSP Canada Group Limited  $5,100,000

Commissioner Fragedakis requested a recorded vote. 

In favour: Chair Colle, Vice-Chair Heisey, Commissioners Byers, De Baeremaeker, De Laurentiis, Lalonde, Minnan-Wong

Opposed: Commissioners Campbell, Fragedakis

The item carried on a vote of 7-2.

Correspondence submitted by: Hamish Wilson

14. Request to Improve Transit along the Dufferin Street Corridor

Chair Colle moved the staff recommendations and requested a recorded vote.

1. Approve full service on the 29 Dufferin between Wilson Station and Exhibition starting in October 2018. This includes the elimination of the limited 29B Dufferin peak-period service on Wingold Avenue, Lansdowne Avenue and Tycos Drive, in order to provide more service north of Tycos Drive over a busy part of the route.
2. Direct TTC staff to work with City staff to ensure that adequate transit priority measures and infrastructure is provided to facilitate the increase in the demand for transit resulting from new and planned developments for Dufferin Street and intersecting transit corridors.
3. Forward this report to the City of Toronto’s City Planning and Transportation Services divisions.

In favour: Chair Colle, Vice-Chair Heisey, Commissioners Byers, Crisanti, De Baeremaeker, De Laurentiis, Fragedakis, Lalonde

The motion carried unanimously.

Correspondence submitted by: Alexander Lisman, Jaime Kemp, Jonathan Dursi

15. Routing Changes – Junction Area Study Update

Vice-Chair Heisey moved the staff recommendations with the addition of Item 2 below:

It is recommended that the TTC Board:  

1. Approve late evening and Sunday and holiday service on the 80 Queensway route to Keele Station via Parkside Drive starting in September 2018; and
2. That the presentation by Alan Yule be referred to staff for consideration as part of the Junction Area Study.
   The motion by Vice-Chair Heisey carried. 

16. Investigation into Incident dated February 18, 2018 Involving Transit Fare Inspectors

It is recommended that the TTC Board:

1. Receive the Investigation Report dated June 28, 2018 regarding the Investigation into Incident dated February 18, 2018 Involving Transit Fare Inspectors.
2. Direct the Chief Executive Officer to:
   1. Finalize and implement the Policies and Procedures Manual for Transit Fare Inspectors, setting out clearly the role and responsibilities of the Transit Fare Inspectors by July 31, 2018
   2. Provide clear direction on the role of Transit Fare Inspectors as it relates specifically to use of force
   3. Review the uniform of the Transit Fare Inspector position to ensure it is consistent with the direction of the Transit Fare Inspector role and ensures a clear distinction between Transit Fare Inspectors and Transit Enforcement Officers; and
   4. Undertake community outreach and public education campaigns focused on the role and responsibilities of Transit Fare Inspectors and Transit Enforcement Officers; and
   5. Advance regular diversity, inclusion and human rights training as part of the Transit Fare Inspectors’ bi-annual refresher program.

Approved 

17. 2017 Annual Public Report – Transit Enforcement Unit Complaints

The Board received the report for information.

18. 2017 TTC Transit Enforcement Annual Reports to the TTC and Toronto Police Services Board

It is recommended that the TTC Board:

1. Receive the attached report for the TPS Board in accordance with Section 8.9 of the Special Constable Agreement between the TPS Board and TTC;
2. Forward the attached report to the TPS Board in accordance with Section 8.9 of the Special Constable Agreement between the TPS Board and TTC.

Approved

Correspondence submitted by: Colby Badhwar

19. Government Management Committee Item 27.13 – Transfer of TTC Lands at 546 Lansdowne Avenue to the City of Toronto

The Board received this item for information.

20. Ridership Growth Strategy (RGS) – Status Update

The Board received this item for information.

Correspondence submitted by: Eli Aaron

21. New Streetcar Program – Resubmission of RFI Results for 60 Additional Streetcars

Staff recommends the Board request staff to:

1. Report back to the Board, subject to funding approval in 2019, with an analysis of procurement options for 60 additional streetcars.

Approved

22. Appointment - Chief Executive Officer

It is recommended that the TTC Board:

1. Approve the recommendations set out in Confidential Attachment 1 to this report; and
2. Authorize the public release of the appointee’s name and biography once the TTC Board has approved the recommendations and an employment agreement has been executed.

Chair Colle requested a recorded vote.

In favour: Chair Colle, Vice-Chair Heisey, Commissioners Byers, Campbell, Crisanti, De Baeremaeker, De Laurentiis, Fragedakis, Lalonde, Minnan-Wong

The motion carried unanimously and the Chair announced Richard J. Leary as the Chief Executive Officer, subject to execution of an employment agreement.

23. Notice of Motion: Coordination between the TTC and Metrolinx Boards (submitted by Vice-Chair Alan Heisey, seconded by Commissioner Joanne De Laurentiis)

Vice-Chair Heisey moved the following motion:

1. The TTC Board request Toronto City Council to make representations to the new Provincial Government to increase coordination in transit planning in the Greater Toronto Area and enact any legislative amendments that may be required in order to provide for the appointment of a TTC Board member on the Metrolinx Board of Directors; and
2. The TTC Board requests Toronto City Council to amend Chapter 279 of the Municipal Code relating to the composition of the TTC Board to permit the appointment of a representative from the Metrolinx Board of Directors to the TTC Board; and
3. That a copy of this motion be forwarded to Metrolinx for information.

The motion by Vice-Chair Heisey carried.

24. New Business: Public Transit Integration in the City of Toronto (submitted by Vice-Chair Alan Heisey)

Vice-Chair Heisey moved the following motion:

1. Request the CEO, in consultation with the City Manager to report on the following initiatives:
   1. Incorporation of the Toronto Island Ferry System as part of the TTC’s regular operations and fare structure.
   2. Responsibility for the oversight and management operations of Bike Share Toronto in order to encourage synergy between public transit modes.

The motion by Vice-Chair Heisey carried.

25. New Business: Integrated Mobility (submitted by TTC Chair Josh Colle) 

Chair Colle moved the following motion:
Request that the City Manager report on the organizational structure and operating model to create an integrated mobility agency in Toronto that moves people more effectively, realizes operational efficiencies, and provides a more seamless suite of mobility options in the City.

The motion by Chair Colle carried.

26. New Business: Improving Bikeshare Locations at TTC Sites (submitted by Commissioner Mary Fragedakis)

Commissioner Fragedakis moved the following motion:

1. The TTC should do its best to accommodate the requests of Bike Share Toronto and if it cannot for any given subway station, then the TTC should convene a meeting with Bike Share Toronto and the local ward Councillor to explore options.
2. That staff report back to the TTC Board on its bike share location siting process.

The motion by Commissioner Fragedakis carried.

Chair Colle closed the meeting with a few words with respect to this term of the Board and offered thanks to staff on behalf of himself and the Board. Prior to moving adjournment, Commissioner De Laurentiis thanked the Chair for his guidance and leadership over this term. Board Members echoed her statements of thanks. 

The meeting adjourned at 4:36 p.m.