Board Meeting - September 24, 2020

Meeting No. 2045 held on Tuesday, July 14, 2020

Public Presentations – September 24, 2020

 

Requests to speak must be registered by noon of the business day preceding meeting day by submitting an email to gso@ttc.ca. A final deputation list will be distributed at the meeting.

Presenters will participate by audio only and will be required to provide a telephone number on which they can be reached at the appropriate time. Presenters may submit a written deputation in advance of the meeting which will be circulated to TTC Commissioners and staff.

Item 1. Chief Executive Officer's Report - September 2020 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 19, 2020 and June 25, 2020 (For Information)

• Staff report for item 2
• Decision for item 2

Item 3. Fitness for Duty Policy: Litigation Update (For Action)

Confidential Attachment - this report is about litigation or potential litigation, including matters before administrative tribunals, and 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. PRESTO Annual Update (For Action)

Confidential Attachment - this report is about litigation or potential litigation, including matters before administrative tribunals, information relating to a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by the TTC and information that is subject to solicitor-client privilege.

• Staff report for item 4
• Placeholder report for item 4
• Decision for item 4

Item 5. COVID-19: Restart and Recovery Update (For Action)

An administrative correction has been made to the staff report since its original posting on September 18 in order to correct links to external websites on Page 6.

• Staff report for item 5
• Staff presentation for item 5
• Decision for item 5

Item 6. Award of Wheel-Trans Reservations Call Centre Overflow Contract (For Action)

• Staff report for item 6
• Staff presentation for item 6
• Decision for item 6

Item 7. Miscellaneous Design Services (For Action)

• Staff report for item 7
• Decision for item 7

Item 8. Subway Capacity Enhancement Program Consulting Services (For Action)

• Staff report for item 8
• Decision for item 8

Item 9. 481 University Avenue – New Entrance Connection (For Action)

• Staff report for item 9
• Decision for item 9

Item 10. Extension of Electronic Meetings of the TTC Board and its Committees (For Action)

• Staff report for item 10
• Decision for item 10

Item 11. Financial Update for the Period Ended July 4, 2020 and Major Projects Update (For Information)

• Staff report for item 11
• Decision for item 11

Item 12. Appointments to TTC Pension Fund Society Board of Directors (For Action)

• Staff report for item 12
• Decision for item 12

Item 13. City Council Transmittal – Executive Committee Item 14.8 – Toronto Transit Commission Status Update – Anti-Racism Strategy and Ombudsman Recommendations (For Action)

• Staff report for item 13
• Decision for item 13

Item 14. City Council Transmittal – Executive Committee Item 15.1 – Eglinton East Corridor – Priority Bus Lanes (For Action)

Correspondence submitted by: Councillor Cynthia Lai, Abdullah Mushtaq (Centennial College Student Association Inc.

• Staff report for item 14
• Decision for item 14

Item 15. City Council Transmittal – Executive Committee Item 15.14 – City of Toronto COVID-19 Response and Accessibility (For Action)

• Staff report for item 15
• Decision for item 15

Item 16. Notice of Motion – Safe Ridership, submitted by Commissioner Shelley Carroll and seconded by Commissioner Brad Bradford (For Action)

Correspondence submitted by: Michael Manu (Toronto Youth Cabinet), Tyler Riches (University of Toronto Students’ Union), Jennifer Coggon (Association of Part-Time Undergraduate Students), Shelagh Pizey-Allen (TTCriders).

• Staff report for item 16
• Decision for item 16

Item 17. Notice of Motion – Budget Stewardship, submitted by Commissioner Shelley Carroll and seconded by Commissioner Jennifer McKelvie (For Action)

• Staff report for item 17
• Decision for item 17

Item 18. Notice of Motion – Board Endorsement for Canadian Urban Transit Association Report Recommendations, submitted by Commissioner Brad Bradford and seconded by Vice-Chair Joanne De Laurentiis (For Action)

• Staff report for item 18
• Decision for item 18

Item 19. Notice of Motion - Exploring Measures to Reduce Transit Pressures for Students During COVID, submitted by Commissioner Brad Bradford and seconded by Vice-Chair Joanne De Laurentiis (For Action)

• Staff report for item 19
• Decision for item 19

Vice-Chair De Laurentiis moved the following motion:

1. That the TTC Board recess as the Committee of the Whole to consider information about litigation or potential litigation, including matters before administrative tribunals, advice or communications that are subject to solicitor-client privilege, labour relations and information relating to a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by the TTC, related to items 3, 4 and 6 of the agenda.

The motion by Vice-Chair De Laurentiis carried.

J. De Laurentiis (Vice-Chair), B. Bradford, S. Carroll, A. Heisey, Q.C., R. Lalonde, J. McKelvie, D. Minnan-Wong, J. Osborne (Commissioners), R. Leary (Chief Executive Officer), G. Downie (Chief Capital Officer), B. Hasserjian (Chief Safety Officer - Acting), J. La Vita (Interim Chief Financial Officer), B. Leck (General Counsel), K. Llewellyn-Thomas (Chief Customer Officer), M. MacRae (Acting Chief People Officer), F. Monaco (Chief of Infrastructure and Engineering), G. Piemontese (Interim Chief Diversity & Culture Officer), N. Poole-Moffatt (Chief of Corporate Affairs), J. Ross (Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Deputy CEO – Operations), R. Wong (Chief Vehicle Officer), A. Foster (Head, Farecard Team), D. Geddes (Head – Wheel-Trans), M. Mis (Head – Service Planning and Schedules), K. Thorburn (Head of Strategic Initiatives), C. Finnerty (Director – Commission Services), A. Farnsworth (Co-ordinator – Secretariat Services) and J. Ishak (Administrator – Secretariat Services).

D. Magisano (Mayor’s Office); and F. Fernandes and R. Wood (Resolve Collaboration) were present.

Chair Robinson and Commissioner Karygiannis provided their regrets.

J. De Laurentiis was in the Chair. 

Nil

Commissioner Bradford moved that the Board approve the minutes of meeting 2045, held on Tuesday, July 14, 2020.

The motion by Commissioner Bradford carried.

Nil

• Item No. 5. COVID-19: Restart and Recovery Update
  Carlos Santos (Amalgamated Transit Union Local 113)
  The Board received the deputation for information (see Item 5 for minute).
• Item No. 6: Award of Wheel-Trans Reservations Call Centre Overflow Contract
  Carlos Santos (Amalgamated Transit Union Local 113)
  Frank McFadden
  Mary Casuti
  Renata Harper
  Adam Cohoon
  The Board received the deputations for information (see Item 6 for minute).
• Item No. 10: Extension of Electronic Meetings of the TTC Board and its Committees
  Adam Cohoon
  Alan Yule
  The Board received the deputations for information (see Item 10 for minute).
• Item No. 14: City Council Transmittal – Executive Committee Item 15.1 – Eglinton
  East Corridor – Priority Bus Lanes
  Ash Matta
  The Board received the deputation for information (see Item 14 for minute).
• Item No. 16. Notice of Motion – Safe Ridership
  Austin Jafri
  Zain Khurram
  Anna Kim
  Leah Yuyitung and Nita Goswami
  The Board received the deputations for information (see Item 16 for minute).
  Item No. 17: Notice of Motion – Budget Stewardship
  Alan Yule
  The Board received the deputation for information (see Item 17 for minute).

1. Chief Executive Officer’s Report – September 2020 Update

Commissioner McKelvie moved receipt of the Chief Executive Officer’s Report – September 2020 Update for information.

The motion by Commissioner McKelvie carried.

Received

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for June 19, 2020 and June 25, 2020

ACAT Chair Mazin Aribi introduced this item. 

Commissioner Bradford moved receipt of the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General

Monthly Meetings of June 19, 2020 and June 25, 2020 for information.

The motion by Commissioner Bradford carried.

Received

3. Fitness for Duty Policy: Litigation Update

Commissioner McKelvie moved adoption of the staff recommendations, as follows:

It is recommended that the TTC Board:

1. Adopt the confidential recommendations set out in Confidential Attachment 1;
2. Authorize that the information provided in Confidential Attachment 1 remain confidential in its entirety, as it contains information subject to solicitor-client privilege.

The motion by Commissioner McKelvie carried.
   
Approved

4. PRESTO Annual Update

Commissioner Bradford moved the following motion:

1. That the TTC Board request the Chief Executive Officer, Toronto Transit Commission, in collaboration with Metrolinx, to provide an update to the TTC Board on the 2019 request on introducing credit and debit card fare payment methods on PRESTO machines, including an estimated timing from Metrolinx, and to explore additional opportunities to advance pilot implementation.

The motion by Commissioner Bradford carried.

Commissioner Heisey moved the following motion:

1. To ensure that the TTC achieves its vision to provide customers a modern efficient, customer focused fare collection system, the Board directs the CEO to use the Request for Information process to determine new service providers and technologies, including open payment, being used by transit properties world-wide and how those providers and technologies could benefit the TTC and its customers. The Board directs the CEO to provide a comprehensive report back to the Board with recommendations by Q1 2021.

The motion by Commissioner Heisey carried.

Commissioner Minnan-Wong moved the following motion:

1. That the TTC Board appoint Brad Bradford and Joanne De Laurentiis to the TTC-Metrolinx PRESTO Joint Advisory Group to improve consultation and oversight of the PRESTO program.

The motion by Commissioner Minnan-Wong carried.

Vice-Chair De Laurentiis moved adoption of the staff recommendations, as amended, as follows:

It is recommended that the TTC Board:

1. Approve the recommendation as set out in the Confidential Attachment (Attachment 1);
2. Subject to adoption of recommendation No. 1 above, the Board appoint Brad Bradford and Joanne De Laurentiis to the TTC-Metrolinx PRESTO Joint Advisory Group to improve consultation and oversight of the PRESTO program, and that at least one member be a Board member that is also a Council member; and
3. The information in the Confidential Attachment remain confidential as it is subject to solicitor-client privilege.

The motion by Vice-Chair De Laurentiis carried.

Approved, as Amended

5. COVID-19: Restart and Recovery Update

A staff presentation on this item was delivered by M. Mis.

Vice-Chair De Laurentiis moved adoption of the staff recommendations, as follows:

1. Endorse the expenditures of $39.1 million for COVID-19 related activities forecasted to December 31, 2020, and provide the Chief Executive Officer delegated authority up to $15 million in order to implement any additional measures necessary to protect health and safety.
2. Request the Chief Executive Officer in partnership with the City of Toronto to continue engaging the provincial and federal governments to advocate for ongoing operating funding and the development of a sustainable funding model for public transit.

The motion by Vice-Chair De Laurentiis carried.

Approved

6. Award of Wheel-Trans Reservations Call Centre Overflow Contract

A staff presentation on this item was delivered by D. Geddes.

Commissioner Carroll moved the following motion:

1. That the TTC Board refer the item back to staff to seek a formal opinion from the Advisory Committee on Accessible Transit (ACAT) and the Toronto Accessibility Advisory Committee on the contracting out of Wheel-Trans reservationist services.

Commissioner Carroll requested a recorded vote on the motion.

C. Finnerty conducted a recorded vote on the motion by Commissioner Carroll.

In favour (1): Commissioner Carroll.

Opposed (5): Vice-Chair De Laurentiis, Commissioners Bradford, McKelvie, Minnan-Wong, Osborne.

The motion by Commissioner Carroll lost.

Vice-Chair De Laurentiis moved adoption of the staff recommendations and receipt of the confidential in-camera verbal update, as follows:

It is recommended that the TTC Board:

1. Approve the change in the service level for call wait times for the Wheel-Trans Reservations Contact Centre from an average of 15 minutes to a maximum wait time of two minutes.
2. To achieve the improved service levels, authorize the award of the Wheel-Trans Reservations Contact Centre Overflow service contract to TELUS Communications Inc. on the basis of the highest total weighted score, in the upset limit of $18.8 million for a duration of five years from Notification of Award, with an option to extend for an additional five years beyond the initial five-year term.
3. Receive the confidential in-camera verbal update.

Commissioner Carroll requested a recorded vote on the motion.

C. Finnerty conducted a recorded vote on the motion by Vice-Chair De Laurentiis.

In favour (5): Vice-Chair De Laurentiis, Commissioners Bradford, McKelvie, Minnan-Wong, Osborne.

Opposed (1): Commissioner Carroll.

The motion by Vice-Chair De Laurentiis carried.

Approved

Correspondence submitted by: Carlos Santos (Amalgamated Transit Union Local 113).

7. Miscellaneous Design Services

It is recommended that the TTC Board:\

1. Authorize the award of Contract G85-394 for Miscellaneous Design Services, in the upset limit amount of $25,000,000.00 in Canadian funds, inclusive of all taxes, with a duration of four years from the Notification of Award, on the basis of the highest total weighted scores to the following companies:
   
   CIMA Canada Inc. (CIMA+) $5,000,000.00
   AECOM Canada Ltd. (AECOM) $5,000,000.00
   Wood Environment & Infrastructure Solutions, a
   Division of Wood Canada Limited (Wood)  $5,000,000.00
   WSP Canada Inc. (WSP)  $5,000,000.00
   Morrison Hershfield Limited (Morrison)  $5,000,000.00
   
   Total Overall Upset Limit Amount   $25,000,000.00

Approved

8. Subway Capacity Enhancement Program Consulting Services 

It is recommended that the TTC Board:

1. Authorize the award of Contract G85-399, Subway Capacity Enhancement Program Consulting Services to the following two firms in the upset limit of $60,000,000.00, inclusive of all taxes on the basis of highest total weighted scores to the following companies:
   WSP Canada Inc.  Package 1: Line 1  $30,000,000.00
   
   HDR Gannett Fleming Package 1: Line 2  $30,000,000.00
   Joint Venture (including Western Yard)
   
   Total Overall Upset Limit Amount:  $60,000,000.00

Approved

9. 481 University Avenue – New Entrance Connection

It is recommended that:

1. The Board approve the Entrance Connection within the Development located at 481 University Avenue and the subsequent closure of the open-stair access located at the northeast corner of University Avenue and Dundas Street West, into St Patrick Station, as illustrated in Attachment 1.
2. The Board authorize the execution of an Entrance Connection Agreement, and any other agreements arising as a result of the Entrance Connection, all on terms and conditions acceptable to TTC’s General Counsel.

Approved

10. Extension of Electronic Meetings of the TTC Board and its Committees

Vice-Chair De Laurentiis moved the following motion:

That the TTC Board requests that TTC staff review and consider implementation of available meeting management technologies and processes to enhance the functionality and accessibility of TTC Board and Committee virtual meetings.

The motion by Vice-Chair De Laurentiis carried.

Vice-Chair De Laurentiis moved adoption of the staff recommendation with a technical amendment, as follows:

1. Amend section 22.1 of the TTC’s Bylaw to Govern Board Proceedings to extend the remote electronic participation rules for a period ending one year following the termination of the COVID-19 emergency declaration or for such additional period of time as determined by City Council, after the termination of an emergency in all or part of the City under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act.

The motion by Vice-Chair De Laurentiis carried.

Approved, as Amended

11. Financial Update for the Period Ended July 4, 2020 and Major Projects Update 

The TTC Board received the Financial Update for the Period Ended July 4, 2020 and Major Projects Update for information.

Received

12. Appointments to TTC Pension Fund Society Board of Directors 

It is recommended that the TTC Board:

1. Appoint the following TTC staff to fill vacancies on the TTC Pension Fund Society Board of Directors:
   Richard J. Leary, Chief Executive Officer  Director
   Michelle N. Jones, Head of Revenue Protection  Director
   Anja Schiralli, Director of Employee Services & Systems  Observer

Approved

13. City Council Transmittal – Executive Committee Item 14.8 – Toronto Transit Commission Status Update – Anti-Racism Strategy and Ombudsman Recommendations

Vice-Chair De Laurentiis moved adoption of the staff recommendation, as follows:

It is recommended that the TTC Board consider City Council’s decision, as follows:

1. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission to:
   1. Report back to the Executive Committee with an update and a projected date for final completion of the Toronto Transit Commission Anti-Racism Strategy in the first quarter of 2021;
   2. Release all ongoing data collected through its Anti-Racism Strategy to the City of Toronto Open Data Portal in compliance with the Data Standards for the Identification and Monitoring of Systemic Racism, also known as Ontario’s Anti-Racism Data Standards (Standards) which were established to help identify and monitor systemic racism and racial disparities within the public sector;
   3. Ensure the independence of the Special Constable and Transit Enforcement Officer Complaints Investigator by requiring that this investigator report directly to the Toronto Transit Commission Board of Directors; and
   4. Review the mandate of the Special Constable Unit, in consultation with Streets to Homes and Confronting Anti-Black Racism, with a review to include uniforms, training, and customer service practices, and specifically in regards to uniforms to seek to eliminate as much as possible of the equipment carried by special constables.

The motion by Vice-Chair De Laurentiis carried.

Approved

14. City Council Transmittal – Executive Committee Item 15.1 – Eglinton East Corridor – Priority Bus Lanes

Vice-Chair De Laurentiis moved adoption of the staff recommendation, as follows:

It is recommended that the TTC Board consider City Council’s decision, as follows:

1. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services to consider amendments to the proposed Bus Priority Transit Lane along Steeles Avenue West, from Yonge Street to Pioneer Village Subway Station, which would also permit High Occupancy Vehicles (2 or more passengers), cargo bikes (when approved), taxis, and cyclists as well as the accommodation of vehicle funeral processions on this route.
2. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services, well in advance of considering the implementation of a dedicated bus lane or busway on Sheppard Avenue East, to:
   1. Conduct a study that analyses and models traffic patterns, congestion, and delays on the current road network for the road or roads affected; such analysis should then be compared to the impact that a dedicated busway installation will have on the future road network;
   2. Conduct a robust consultation with the local Councillor, with special emphasis on local communities that would be affected by a dedicated bus lane or busway on Sheppard Avenue East and with the results of such consultation to be made public; and
   3. Conduct consultations in the form of public meetings (rather than open houses) where residents have the opportunity to have an open dialogue with their neighbours.
3. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services, well in advance of considering the implementation of a dedicated bus lane or busway on Lawrence Avenue East, to:
   1. Undertake extensive study following the completion and full operation of the Eglinton Crosstown Light Rail Transit to understand any changes in transit and road use;
   2. Consult with the local Councillors whose Wards are directly affected by any material changes in Lawrence Ave. East, prior to taking further action; and
   3. Provide proper, sufficient and full notice to affected local communities prior to further consideration of this matter.
4. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission, in consultation with the General Manager, Transportation Services to collect extensive community feedback for each Transit Priority Corridor, before they are fast-tracked and implemented.
5. That the Toronto Transit Commission Board request the Chief Executive Officer, Toronto Transit Commission, to release all data collected in the ongoing operation of the Eglinton East Corridor – Priority Bus Lanes as its own open dataset in the City of Toronto Open Data Portal.

The motion by Vice-Chair De Laurentiis carried.

Approved

Correspondence submitted by: Councillor Cynthia Lai, Abdullah Mushtaq (Centennial College Student Association Inc.).

15. City Council Transmittal – Executive Committee Item 14.8 – Toronto Transit Commission Status Update – Anti-Racism Strategy and Ombudsman Recommendations

It is recommended that the TTC Board:

1. Request the Chief Executive Officer, Toronto Transit Commission to bring forward presentations on new or existing initiatives, detailing any efforts and modifications to accommodate persons with disabilities, as a response to COVID-19 response and recovery, to a future meeting of the Toronto Accessibility Advisory Committee.

Approved

16. Notice of Motion – Safe Ridership

Vice-Chair De Laurentiis moved the following motion:

That Recommendation 1 of the motion be amended as follows:

1. Direct the Chief Executive Officer to continue to monitor ridership levels and recall the remaining laid off staff as needed to increase service in line with the demand response service plan, on high-ridership routes.

Commissioner Carroll requested a recorded vote on the motion.

C. Finnerty conducted a recorded vote on the motion by Vice-Chair De Laurentiis.

In favour (5): Vice-Chair De Laurentiis, Commissioners Bradford, Heisey, McKelvie, Minnan-Wong.

Opposed (1): Commissioner Carroll.

Absent: Commissioner Osborne.

The motion by Vice-Chair De Laurentiis carried.

The notice of motion recommendations, as amended, were considered, as follows:

It is recommended that the TTC Board:

1. Direct the Chief Executive Officer to continue to monitor ridership levels and recall the remaining laid off staff as needed to increase service in line with the demand response service plan, on high-ridership routes.
2. Direct the Chief Executive Officer to expedite the implementation of any other operational measures that might maximize passenger capacity with consideration to safety and public health guidelines.

Approved, as Amended

Correspondence submitted by: Michael Manu (Toronto Youth Cabinet), Tyler Riches (University of Toronto Students’ Union), Jennifer Coggon (Association of Part-Time Undergraduate Students), Shelagh Pizey-Allen (TTCriders).

17. Notice of Motion – Budget Stewardship

Vice-Chair De Laurentiis moved the following motion:

1. That the TTC Board refer the item to staff to report back to the Board in October 2020.

The motion by Vice-Chair De Laurentiis carried

Referred

18. Notice of Motion – Board Endorsement for Canadian Urban Transit Association Report Recommendations

The notice of motion recommendation was considered as follows:

It is recommended that:

1. The TTC Board endorse the recommendations in the Canadian Urban Transit Association's 'Public Transit and A Green, Inclusive Recovery' report and request the Chief Executive Officer, to write to the Federal and Provincial Ministers of Transportation with the Board's endorsement with particular emphasis on the following recommendations:
   1. A request for ongoing operating funding support from the Federal and Provincial Government;
   2. Accelerate transit capital projects that address crowding and capacity;
   3. Continue to build-out transit capital projects to complete transit networks, decongest our cities, and create jobs; and
   4. Invest in transit projects that will meet the needs of groups disproportionately impacted by the pandemic.

Approved

19. Notice of Motion – Exploring Measures to Reduce Transit Pressures for Students During COVID

The notice of motion recommendation was considered as follows:

It is recommended that:

1. The TTC Board request TTC staff to continue to collaborate with Toronto-based school boards, and the Presidents of the largest Toronto-based post-secondary institutions to optimize instructional start times to maximize capacity and reduce crowding on TTC vehicles on busy routes serving schools, with emphasis on the five Transit Priority Corridors in the TTC’s 2020-24 5-Year Service Plan.

Approved

The meeting adjourned at 5:27 p.m.