Board Meeting - October 29, 2024

Meeting No.: 2092

Meeting Date: Tuesday, October 29, 2024

A meeting of the TTC Board was held in Committee Room 2, City Hall, 100 Queen Street West, and by video conference on October 29, 2024, commencing at 10:15 a.m. The meeting recessed at 1:03 p.m. and reconvened at 2:07 p.m. The meeting recessed at 2:08 p.m. to meet as the Committee of the Whole. The Board reconvened in public session at 3:55 p.m.

Present at Committee of the Whole

Commissioners:

J. Myers (Chair), P. Ainslie, S. Holyday, F. Jagdeo, L. Kim, J. Matlow, C. Moise, J. Osborne, and D. Saxe.

Staff:

G. Percy, S. Naraine, and C. Finnerty.

Item 4

M. Atlas, J. Colle, G. Downie, B. Hasserjian, J. La Vita, B. Macgregor, F. Monaco, N. Poole-Moffatt, R. Wong, D. Shanmuganayagam, M. Hopkins, C. Penman, B. Case, D. Lo Presti, T. Markandaier, S. Green, and L. Soto Maya.

Item 6

M. Atlas, J. Colle, G. Downie, B. Hasserjian, J. La Vita, B. Macgregor, F. Monaco, N. Poole-Moffatt, R. Wong, M. Hopkins, C. Penman, D. Lo Presti, S. Green, and L. Soto Maya.

Item 8

M. Atlas, J. La Vita, B. Macgregor, and M. Hopkins.

Item 10

M. Atlas, J. Colle, G. Downie, B. Hasserjian, J. La Vita, B. Macgregor, F. Monaco, N. Poole-Moffatt, R. Wong, D. Shanmuganayagam, M. Hopkins, C. Penman, B. Case, D. Lo Presti, T. Markandaier, S. Green, and L. Soto Maya.

C. Alexander (Mayor’s Office) was also present.

Present at Public Session

Commissioners: J. Myers (Chair), P. Ainslie, F. Jagdeo, S. Holyday, L. Kim, J. Matlow, C. Moise, J. Osborne, and D. Saxe

Staff: G. Percy (Interim Chief Executive Officer), M. Atlas (General Counsel), J. Colle (Chief Strategy and Customer Experience Officer), G. Downie (Chief Capital Officer), B. Hasserjian (Chief Safety Officer), J. La Vita (Chief Financial Officer), B. Macgregor (Deputy CEO), F. Monaco (Chief Operations and Infrastructure Officer), S. Naraine (Chief People and Culture Officer), N. Poole-Moffatt (Chief of Corporate Affairs), R. Wong (Chief Transportation and Vehicles Officer), D. Shanmuganayagam (Chief Information Officer), B. Case (Executive Director - Innovation and Sustainability), A. Gibson (Executive Director – Fare Technology and System Stewardship), M. Hopkins (Executive Director, People), J. Montagnese (Executive Director, Finance), K. Thorburn (Executive Director - Corporate Initiatives), M. Biamonte (Director, Emergency Management and Fire Safety), C. Penman (Head, Wheel-Trans), N. Ehlers (Head – Special Constable Service), S. Green (Senior Communications Specialist), D. Lo Presti (Manager, Contracted Taxi Services), L. Lui (Head, Service Planning & Scheduling), T. Markandaier (Head, Procurement and Category Management), M. Merraro (Director - Diversity), W. Reuter (Head, Research and Analytics), J. Richardson (Head – Stations), C. Finnerty (Director - Commission Services), and L. Soto Maya (Coordinator - Secretariat Services) were present.

C. Alexander (Mayor’s Office), M. Mason (Chair’s Office), A. Dressler (ACAT Chair), R. Caracciolo (Toronto Police Service), L. Cocco (Interim Fire Chief, City of Toronto), and G. Tanner (General Manager, Shelter and Support Services, City of Toronto), were also present.

J. Myers was in the Chair.

Land Acknowledgement

Chair Myers acknowledged that the TTC Board was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples, and that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.

Declaration of Interest – Municipal Conflict of Interest Act

Nil

Minutes of the Previous Meeting

Commissioner Saxe moved that the TTC Board approve the Minutes of Meeting No. 2092 held on Tuesday, September 24, 2024.

The motion by Commissioner Saxe carried.

Committee of the Whole

Chair Myers moved the following motion:

That the TTC Board recess and sit as the Committee of the Whole to consider the following confidential items:

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose

4. Wheel-Trans Taxi Service Contracts Extension

6. Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters

10. Procurement Authorization – Mobile Devices and Services

Labour relations or employee negotiations

8. TTC and CUPE Local 470 – Collective Agreement Ratification and Non-Union Compensation Adjustments

Personal matters about an identifiable individual, including city or local board employees

9. Chief Executive Officer Mandate

The motion by Chair Myers carried.

Public Presentations

The Board received the following deputations for information:

Item No. 3 Honoraria for the Advisory Committee on Accessible Transit (ACAT)

Alan Yule

Item No. 4 Wheel-Trans Taxi Service Contracts Extension

Glenn De Baeremaeker

Allen Matrosov

Item No. 5 Future of the Transport Bus Initiative – Winter 2024/2025

Colby Badhwar

Item No. 6 Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters

Michael Longfield, Cycle Toronto

Item No. 7 Automated Streetcar Enforcement System

Colby Badhwar

Item No. 9 Chief Executive Officer Mandate

Marvin Alfred, President, ATU Local 113

Order of Business

The TTC Board altered the Order of Business to consider Item 6 after Item 3.

Presentations/Reports/Other Business

1. Chief Executives Officer’s Report – October 2024

G. Percy, Interim Chief Executive Officer, delivered a verbal presentation, and along with the TTC Board and TTC staff acknowledged Marc Torres, a TTC operator for his actions assisting a member of the public.

Commissioner Saxe moved a motion to receive the Chief Executive Officer’s Report – October 2024.

The motion by Commissioner Saxe carried.

Received

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for August 29, 2024

A. Dressler, ACAT Chair, delivered a verbal presentation on this item.

Commissioner Saxe moved receipt of the Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for August 29, 2024.

The motion by Commissioner Saxe carried.

Received

3. Honoraria for the Advisory Committee on Accessible Transit (ACAT)

Commissioner Saxe moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Approve the Approve honoraria for participation on the Advisory Committee on Accessible Transit (ACAT), as follows:

a. $750 per year per member; and

b. $35 to the Vice Chair per meeting attended.

The motion by Commissioner Saxe carried.

Approved

4. Wheel-Trans Taxi Service Contracts Extension

Commissioner Saxe moved the following amendment:

3. Authorize an additional two-year extension from 2028 to 2029 to address the impacts of COVID-19 on the taxi providers, with the extension conditional upon the submission of a final EV Clean Vehicle Transition Strategy acceptable to the TTC Board that demonstrates a clear commitment to fleet electrification; and increase the total upset limit by $207,000,000 to a total of $652,000,000 to provide sufficient funding for 2028 and 2029 as follows:

i. Accessible Distance-Based Contracts by $136,400,000 to $416,600,000

ii. Sedan Meter-Based Contracts by $70,600,000 to $235,400,000

The motion by Commissioner Saxe carried.

Chair Myers moved to adopt the item as amended, as follows:

It is recommended that the TTC Board:

1. Authorize a two-year contract extension, per the available options, for the accessible distance-based taxi contracts for the period of May 29, 2025 to May 28, 2027, with an increase to the upset limit by $25,200,000 for a total of $280,200,000, with the following five existing service providers:

a. Associated Toronto Taxi-Cab Co-operative (Co-Op AT).

b. 2605881 Ontario Inc. (Royal Taxi).

c. 1210670 Ontario Inc. (Scarborough City Cab).

d. 1145659 Ontario Limited (Checker Taxi).

e. Beck Taxi Ltd. (Beck AT).

2. Authorize two-year contract extensions, per the original contract options, for the sedan meter-based taxi contracts for the period of June 10, 2025 to June 9, 2027, with an increase to the upset limit by $17,800,000 for a total of $164,800,000, for  the following three existing service providers:

a. Beck Taxi Ltd. (Beck Sedan).

b. Associated Toronto Taxi-Cab Co-operative (Co-Op Sedan).

c. Toronto 1 Taxi (a division of Scarborough City Cab).

3. Authorize an additional two-year extension from 2028 to 2029 to address the impacts of COVID-19 on the taxi providers, with the extension conditional upon the submission of a final EV Clean Vehicle Transition Strategy acceptable to the TTC Board that demonstrates a clear commitment to fleet electrification; and increase the total upset limit by $207,000,000 to a total of $652,000,000 to provide sufficient funding for 2028 and 2029 as follows:

i. Accessible Distance-Based Contracts by $136,400,000 to $416,600,000

ii. Sedan Meter-Based Contracts by $70,600,000 to $235,400,000

4. Approve a cap to the driver portion of the Accessible Taxi’s all-inclusive rate to a maximum of a 2% annual increase, effective 2025 and through the approved extension period.

5. Delegate authority to the Chief Executive Officer to allocate approved funding in each of the contract extension year to the current Accessible Taxi Distance-Based and Sedan Meter-Based Taxi Service Contractors among any of the eight contracts during the extension periods.

The motion by Chair Myers carried.

Amended

5. Future of the Transport Bus Initiative – Winter 2024/2025

Commissioner Holyday moved the following motion:

That the TTC Board direct the Commission to recover costs from the City of Toronto for special buses provided for people waiting or provided for direct transport of people to shelters.

The motion by Commissioner Holyday carried.

Chair Myers moved to adopt the item as amended, as follows:

It is recommended that the TTC Board:

1. Approve the use of buses for transport only when the temperature reaches –15 Celsius and not as a warming solution for individuals using the transit system for shelter during the 2024/2025 winter season.

2. Request the City of Toronto Shelter and Support Services to continue to actively search for additional warming centre opportunities to reduce dependence on the TTC transit network for shelter during the 2024/2025 winter season.

3. That the TTC Board direct the Commission to recover costs from the City of Toronto for special buses provided for people waiting or provided for direct transport of people to shelters.

The motion by Chair Myers carried.

Amended

6. Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters

Chair Myers moved the following motion:

That the TTC Board refer this report to the TTC’s Racial Equity Office and direct staff to complete an equity impact review for consideration by the TTC Board at its next meeting. Such review should assess the potential impacts that a ban of lithium-ion-powered micromobility devices, including e-bikes and e-scooters, may have on equity deserving groups and gig workers, with recommendations for impact mitigation developed in consultation with TTC Safety staff and Toronto Fire Services.

Commissioner Holyday requested a recorded vote:

In favour: P. Ainslie, J. Matlow, C. Moise, D. Saxe, J. Myers

Opposed: S. Holyday, F. Jagdeo, L. Kim, J. Osborne

The motion by Chair Myers carried on a vote of 5 to 4 in favour.

Referred

7. Automated Streetcar Enforcement System

Chair Myers moved the following motion:

That the TTC Board:

1. Request the Province of Ontario to significantly increase the penalties (fines and demerit points) associated with section 166(1) of the Highway Traffic Act relating to the improper passing of streetcars while the streetcars are stationary for the purpose of picking up or dropping off passengers due to the seriousness of the offence.

The motion by Chair Myers carried.

Chair Myers moved to adopt the item as amended, as follows:

It is recommended that the TTC Board:

1. Receive this report for information.

2. Authorize that the information in the Confidential Attachment to remain confidential until such time as the Automated Streetcar Enforcement System (ASES) Pilot contract is awarded.

3. Request the Province of Ontario to significantly increase the penalties (fines and demerit points) associated with section 166(1) of the Highway Traffic Act relating to the improper passing of streetcars while the streetcars are stationary for the purpose of picking up or dropping off passengers due to the seriousness of the offence.

The motion by Chair Myers carried.

Amended

8. TTC and CUPE Local 470 Collective Agreement Ratification and Labour Update

Chair Myers moved to adopt the recommendations, as follows:

It is recommended that the TTC Board:

1. Adopt the recommendations as set out in the Confidential Attachment; and

2. Authorize that the confidential recommendations and confidential information respecting the Collective Agreement with CUPE Local 470 be released upon ratification of the tentative agreement by both the TTC and CUPE, Local 470, and that all other information remain confidential as it is subject to labour relations or employee negotiations.

Commissioner Holyday requested a recorded vote:

In favour: P. Ainslie, F. Jagdeo, L. Kim, J. Matlow, J. Osborne, D. Saxe, J. Myers

Opposed: S. Holyday

Absent: C. Moise

The item carried on a vote of 7 to 1 in favour.

Approved

9. Chief Executive Officer Mandate

Chair Myers moved that the TTC Board:

1. Adopt the action taken in camera; and

2. Direct that the information contained in Confidential Attachment 1 remain confidential in its entirety as it relates to personal matters about an identifiable individual, including a city or local board employee.

The motion by Chair Myers carried.

Amended

10. Procurement Authorization - Mobile Devices and Services

Commissioner Holyday moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Approve Authorize the award of a contract to Rogers Communications Canada Inc. for Mobile Devices and Services for a total amount of up to $12,648,000, inclusive of HST, for an initial term of 69 months commencing November 1, 2024, and ending July 31, 2030, with two optional, two-year extension terms to be exercised at the TTC’s sole discretion.

2. Delegate authority to the TTC’s Chief Executive Officer to exercise the first two-year optional term commencing August 1, 2030 to July 31, 2032, and increase the value of the contract in the total amount of up to $5,473,000, inclusive of HST.

3. Delegate authority to the TTC’s Chief Executive Officer to exercise the second and final two-year optional term commencing August 1, 2032 to July 31, 2034, and increase the value of the contract in the total amount of up to $6,255,000.

The motion by Commissioner Holyday carried.

Approved

11. Procurement Authorization - IBM Maximo Software Licenses and Support Renewal

Commissioner Osborne moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Authorize the award of a contract for Enterprise Asset Management License and Support Renewal to IBM Canada Ltd. in the amount of $22,778,219.98 (inclusive of HST), for a ten-year term commencing January 1, 2025.

The motion by Commissioner Osborne carried.

Approved

12. Proxy to Vote TTC Shares in Toronto Coach Terminal Inc.

Commissioner Jagdeo moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Approve the attached proxy to exercise the 10,000 TTC Shares in TCTI.

The motion by Commissioner Jagdeo carried.

Approved

13. Notice of Motion – Gambling Advertisement on TTC Assets – by Commissioner Chris Moise, seconded by Chair Jamaal Myers

Chair Myers moved to adopt the recommendations, as follows:

It is recommended that the TTC Board:

1. Approve Request the TTC’s contracted third party provider, Pattison Outdoor Advertising LP, to forward all advertising relating to the use of sports betting and gambling to the TTC for review in accordance with Article 6 of the Advertising on TTC Property Policy.

2. Request TTC staff to review any further sports betting and gambling advertisements, in accordance with the Advertising on TTC Property Policy, to determine whether the proposed advertisement complies with the requirements as set out in Article 8.0, in particular Article 8.1.4 of the Policy.

3. Direct TTC staff to study the feasibility of a ban on sports betting and gambling advertisements from all TTC assets and report to the Board by Q1 2025.

The motion by Chair Myers lost.

Not Adopted

14. Notice of Motion – TTC CEO Delegation in case of unexpected absence or vacancy – by Chair Jamaal Myers, seconded by Commissioner Stephen Holyday

Chair Myers moved to adopt the motion, as follows:

It is recommended that the TTC Board:

1. In the case of an unexpected absence (e.g. illness) of the TTC Chief Executive Officer (“CEO”), the Deputy Chief Executive Officer (“DCEO”) shall become the Acting CEO during the absence, unless otherwise previously delegated by the CEO or unless otherwise determined by the Board. The DCEO may further delegate in accordance with existing policies; and

2. In the case of a vacancy of the CEO position, unless otherwise determined by the Board, the DCEO shall become the Acting CEO during the vacancy. The DCEO may further delegate in accordance with existing policies.

The motion by Chair Myers carried.

Approved

15. Notice of Motion – Implementing a “Baby on Board” Badge Program – by Commissioner Stephen Holyday, seconded by Chair Jamaal Myers

Commissioner Holyday moved to adopt the motion, as follows:

It is recommended that the TTC Board:

1. Investigate the feasibility of implementing a “Baby on Board” badge program similar to the one from Transport for London and seek any approvals necessary to implement it.

2. Review its communication materials, including the website, and update information available for pregnant women and customers with small children, based on best practices found in other jurisdictions.

The motion by Commissioner Holyday carried.

Approved

On a motion by Commissioner Jagdeo the meeting adjourned at 5:13 p.m.