Board Meeting - September 24, 2019

Meeting No. 2034 held on Wednesday, July 10, 2019

Public Presentations - September 24, 2019

Item 1. Chief Executive Officer's Report - September 2019 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 June 27 and July 25, 2019 (For Information)

• Staff report for item 2
• Decision for item 2

Item 3. Dupont Station Easier Access III - Further Status Update (For Action)

This report contains advice or communications that are subject to solicitor-client privilege.

• Staff report for item 3
• Decision for item 3

Item 4. Materials and Procurement Consolidated Warehouse Leasehold Improvements Authorization Amendment (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. Spadina Station Easier Access Phase III - Property Acquisition (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 5
• Decision for item 5

Item 6. 1810 Markham Road - Building Upgrades (For Action)

• Staff report for item 6
• Decision for item 6

Item 7. Sheppard West Station Pavement Rehabilitation (For Action)

• Staff report for item 7
• Decision for item 7

Item 8. Subway Platform Gap Retrofit Program (For Action)

• Staff report for item 8
• Decision for item 8

Item 9. TTC Sick Benefit Association Annual Report (For Information)

• Staff report for item 9
• Decision for item 9

Item 10. Appointment of TTC Pension Fund Society Director (For Action)

• Staff report for item 10
• Decision for item 10

Item 11. Financial Update for Period Ending July 6, 2019 and Major Projects Update (For Information)

• Staff report for item 11
• Decision for item 11

Item 12. PricewaterhouseCoopers LLP 2018 Management Letter Follow-up (For Action)

• Staff report for item 12
• Decision for item 12

Item 13. Audit, Risk and Compliance: Progress and Strategies to Address Toronto Transit Commission's "High Priority" Outstanding Auditor General Recommendations (For Action)

• Staff report for item 13
• Decision for item 13

Item 14. Audit, Risk and Compliance: Flood Risk Management (For Action)

• Staff report for item 14
• Decision for item 14

Item 15. 2020 Schedule of Meetings (For Action)

• Staff report for item 15
• Decision for item 15

Item 16. City Council Transmittal - Executive Committee Item 7.5 Planning Recreation Facilities for the Don Mills Communities (For Action)

• Staff report for item 16
• Decision for item 16

Item 17. Notice of Motion - Improving Bus Transit and Traffic Flow on Keele Street (For Action)

Submitted by Commissioner Shelley Carroll and seconded by Commissioner Brad Bradford on behalf of Councillor James Pasternak.

• Staff report for item 17
• Decision for item 17

Item 18. Revenue Control Strategy - Phase One: Response to the Auditor General Revenue Operations Phase One - Fare Evasion and Fare Inspection Report (For Action)

• Staff report for item 18
• Staff presentation 1 for item 18
• Staff presentation 2 for item 18
• Decision for item 18

Item 19. TTC Status Update - Ombudsman Recommendations (For Action)

Correspondence submitted by: Councillor Michael Thompson.

• Staff report for item 19
• Decision for item 19

Item 20. Motion without Notice - Moving Forward with Streetcar Camera Enforcement to Address Urgent Passenger Safety Concerns

Submitted by Chair Jaye Robinson and seconded by Commissioner Shelley Carroll.

This item has been deemed an urgent matter in accordance with Section 43 of the TTC's Bylaw to Govern Commission Proceedings.

Correspondence submitted by: Councillor Mike Layton.

• Staff report for item 20
• Decision for item 20

J. Robinson (Chair), A. Heisey, Q.C. (Vice-Chair), B. Bradford, S. Carroll, J. De Laurentiis, J. Karygiannis, R. Lalonde, J. McKelvie, D. Minnan-Wong and J. Osborne (Members), R. Leary, G. Downie, J. La Vita, B. Leck, K. Llewellyn-Thomas, M. MacRae, F. Monaco, S. Reed Tanaka, J. Ross, J. Taylor, K. Watson, R. Wong, S. Ambrozy, M. Atlas, S. Milloy, M. Piemontese, R. Rosati, K. Lee, C. Finnerty and A. Farnsworth were present.

P. Kraft and M. Stevenson (TTC staff) were present for Items 4 and 5.

P. Palmieri (City of Toronto) and V. Guzzo (TTC Staff) were present for Item 5.

D. Magisano (Mayor's Office) and R. Van Fraassen (Chair's Office) were also present.

J. Robinson was in the Chair.

J. Robinson (Chair), A. Heisey, Q.C. (Vice-Chair), B. Bradford, S. Carroll, J. De Laurentiis, J. Karygiannis, R. Lalonde, J. McKelvie, D. Minnan-Wong and J. Osborne (Members), R. Leary (Chief Executive Officer), G. Downie (Chief of Major Projects), O. Kobylansky (Executive Director – Operations), J. La Vita (Chief Financial Officer – acting), B. Leck (General Counsel), K. Llewellyn-Thomas (Chief Customer Officer – acting), M. MacRae (Executive Director – Business Transformation), F. Monaco (Chief of Infrastructure and Engineering), J. O'Grady (Chief Safety Officer), S. Reed Tanaka (Chief Capital Officer), J. Ross (Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Deputy CEO - Operations), R. Wong (Chief of Vehicles), R. Aggarwal (Manager, Diversity, Special Project), M. Atlas (Associate General Counsel), T. Bal (Head – Audit, Risk & Compliance), Paul Di Clemente (Human Rights Consultant, Special Project), C. Finnerty (Manager – CEO Business Support & Council Relations - acting), S. Green (Senior Communications Specialist – Media & Issues Management), M. Jones (Strategic Initiatives, Deputy CEO’s Office), S. Milloy (Director – Employee Relations), K. Lee (Head – Commission Services) and A. Farnsworth (Co-ordinator – Secretariat Services) were present.

J. Robinson was in the Chair.

Nil

Commissioner Carroll moved that the Board approve the minutes of meeting 2034 held on Wednesday, July 10, 2019.

The motion by Commissioner Carroll carried.

Nil

Item No. 17: Notice of Motion – Improving Bus Transit and Traffic Flow on Keele Street (submitted by Commissioner Shelley Carroll, seconded by Commissioner Brad Bradford on behalf of Councillor James Pasternak)

Matt Davis
Paul Grey
Alan Yule
The Board received the deputations for information.
(See Item No. 17 for minute)

Item No. 18: Revenue Control Strategy – Phase One: Response to the Auditor General Revenue Operations Phase One – Fare Evasion and Fare Inspection Report

Derek Moran
The Board received the deputation for information.
(See Item No. 18 for minute)

1. Chief Executive Officer’s Report – September 2019 Update

The Board received the Chief Executive Officer’s Report – September 2019 Update for information. 

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for June 27 and July 25, 2019

ACAT Chair Mazin Aribi 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 Meetings of June 27 and July 25, 2019.

3. Dupont Station Easier Access III – Further Status Update

It is recommended that the TTC Board:

1. Approve the Confidential Recommendations as set out in the Confidential Attachment 1; and
2. Authorize the information contained in the confidential attachment to remain confidential as it contains advice that is subject to solicitor-client privilege.

Approved

4. Materials and Procurement Consolidated Warehouse Leasehold Improvements Authorization Amendment

Commissioner Minnan-Wong moved the following motion:

That Recommendation No. 2 in the staff report be struck and replaced with the following:

“2. Authorize the release of the confidential information by way of an Information report to the Board once the TTC takes occupancy of the leased premises.”

The motion by Commissioner Minnan-Wong carried. The main motion, as amended, was considered as follows:

It is recommended that the Board:

1. Adopt the confidential recommendation contained in the confidential attachment to this report; and
2. Authorize the release of the confidential information by way of an Information report to the Board once the TTC takes occupancy of the leased premises.

Approved

5. Spadina Station Easier Access Phase III – Property Acquisition

It is recommended that the Board:

1. Approve the recommendations set out in the Attachment 1 – Confidential Information; and
2. Maintain confidentiality of the information set out in Attachment 1 – Confidential Information until such time as the agreement(s) are executed with all the property owners.

Approved

6. 1810 Markham Road – Building Upgrades

It is recommended that:

1. The Board authorize the award of Contract H60-6: 1810 Markham Road Building Upgrades, to Pegah Construction Ltd. In the amount of $6,326,105.75. inclusive of all taxes, on the basis of lowest total bid price.

Approved

7. Sheppard West Station Pavement Rehabilitation 

It is recommended that:

1. The Board authorize award of Contract A23-15 Sheppard West Station Bus Driveway and PPUDO On-Grade Pavement Rehabilitation to Duron in the amount of $6,942,720.00. inclusive of all taxes, on the basis of lowest acceptable total bid price.

Approved

8. Subway Platform Gap Retrofit Program

It is recommended that the TTC Board:

1. Adopt a platform edge gap retrofit standard of a maximum horizontal gap of 89 mm and a maximum vertical gap of 38 mm;
2. Direct staff to report back on the status of this program in fall 2020; and
3. Adopt the retrofit solution of a sloped tactile edge tile at a maximum 5% gradient.

Approved

9. TTC Sick Benefit Association Annual Report

The Board received the TTC Sick Benefit Association Annual Report for information. 

10. Appointment of TTC Pension Fund Society Director

It is recommended that the TTC Board:  

1. Appoint Tara Bal – Head, Audit, Risk and Compliance as a TTC Pension Fund Society Director, assuming the role vacated by Dan Wright.
   Approved

11. Financial Update for Period Ending July 6, 2019 and Major Projects Update

The Board received the Financial Update for Period Ending July 6, 2019 and Major Projects Update for information. 

12. PricewaterhouseCoopers LLP 2018 Management Letter Follow-up

It is recommended that the TTC Board:  

1. Receive this report for information; and
2. Approve forwarding a copy of the report to the City Clerk for submission to the City of Toronto’s Audit Committee for information.
   Approved

13. Audit, Risk and Compliance: Progress and Strategies to Address Toronto Transit Commission’s “High Priority” Outstanding Auditor General Recommendations

It is recommended that the TTC Board:  

1. Receive this report for information; and
2. Forward a copy of this report to the City Clerk for submission to the City of Toronto Audit Committee.

Approved

14. Audit, Risk and Compliance: Flood Risk Management

Commissioner McKelvie moved the following motion:

1. That the TTC Board commit to institutionalize resilience into decision-making; and
2. That the TTC CEO report back on how the TTC can embed resilience as a practice across the TTC and its partners by the end of 2019.

The motion by Commissioner McKelvie carried and the staff recommendation was considered as follows:

It is recommended that the TTC Board:  

1. Receive this report for information.

Approved

15. 2020 Schedule of Meetings

It is recommended that:  

1. The TTC Board approve the 2020 meeting schedule dates for the TTC Board and Audit & Risk Management Committee contained in Attachment 1 and as follows:
   
   TTC Board:
   
   January 27 July 16
   February 25 September 24
   April 14 October 21
   May 13 November 16
   June 17 December 10
   
   Audit & Risk Management Committee
   
   February 11 
   September 18
   June 3 
   December 15
2. That the published schedule serve as notice for these meetings.

Approved

16. City Council Transmittal – Executive Committee Item 7.5 Planning Recreation Facilities for the Don Mills Communities

The following motion was referred to staff:  

That TTC staff consider adding a stop at the new Community Recreation Facility on Route 403, upon opening of the centre.

17. Notice of Motion – Improving Bus Transit and Traffic Flow on Keele Street (submitted by Commissioner Shelley Carroll, seconded by Commissioner Brad Bradford on behalf of Councillor James Pasternak)

Chair Robinson moved the following motion:  

That this item be referred to staff for consideration as part of the public consultation and planning work that will be undertaken this year in support of the TTC’s Five-Year Service Plan, being brought to the Board in December 2019.

The motion by Chair Robinson carried.

18. Revenue Control Strategy – Phase One: Response to the Auditor General Revenue Operations Phase One – Fare Evasion and Fare Inspection Report

Tara Bal (Head - Audit, Risk and Compliance) and Michelle Jones (Strategic Initiatives, Deputy CEO’s Office) delivered presentations on this item.

Chair Robinson vacated the Chair seat at 2:20 p.m., and Vice-Chair Heisey assumed the Chair. Chair Robinson resumed the Chair seat at 2:40 p.m.

Commissioner Lalonde moved the following motion:

That the Board direct staff to commence as soon as is practical quarterly fare evasion reporting in the CEO Report.

The motion from Commissioner Lalonde carried and the staff recommendations were considered as follows:

It is recommended that the TTC Board:  
 

1. Endorse the Revenue Control Strategy and work plan as outlined in this report; and
2. Direct TTC staff to report on the status of the Phase One report and recommendations to the TTC Audit and Risk Management Committee.

Approved

19. TTC Status Update – Ombudsman Recommendations

It is recommended that the TTC Board:  

1. Accept all recommendations contained within the Ombudsman Toronto Enquiry Report: Review of the Toronto Transit Commission’s Investigation of a February 18, 2018 Incident Involving Transit Fare Inspectors, and the July 16, 2019 decision of City Council (Attachment 2)
   2.
2. Adopt the Toronto Action Plan to Confront Anti-Black Racism.
3. Endorse the TTC’s commitment to develop a system-wide Anti-Racism Strategy.
4. Direct staff to report back to the TTC Board in Q1 2020 on the status of implementing the recommendations outlined in the Ombudsman’s report and City Council motions.
5. Forward this report to Ombudsman Toronto and the City of Toronto’s Confronting Anti-Black Racism Unit for information.

Approved

Correspondence submitted by: Deputy Mayor Michael Thompson

20. Motion without Notice – Moving Forward with Streetcar Camera Enforcement to Address Urgent Passenger Safety Concerns, submitted by Chair Jaye Robinson and seconded by Commissioner Shelley Carroll

Chair Robinson moved the following motion with the addition of Recommendation 2 as a friendly amendment from Vice-ChairHeisey:  

1. The Toronto Transit Commission request the Minister of Transportation to enact amendments to the Highway Traffic Act, 1990 to permit the operation of streetcar enforcement cameras to monitor and enforce traffic violations.
2. And further that the request to the Minister of Transportation restate the TTC's previous requests regarding auto-ticketing in transit priority lanes.
    The motion by Chair Robinson carried

Correspondence submitted by: Councillor Mike Layton

The meeting adjourned at 4:10 p.m.