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Meeting No. 1990
Wednesday, October 28, 2015

A meeting of the TTC Board was held in Committee Room 1, Toronto City Hall, 100 Queen Street West, Toronto, Ontario, on Wednesday, October 28, 2015 commencing at 10:10 a.m. The meeting recessed at 10:12 a.m. on resolution to meet as the Committee of the Whole and reconvened at 1:05 p.m.

Present - Committee of the Whole

J. Colle (Chair), A. Heisey Q.C. (Vice-Chair), M. Adamson, R. Byers, J. Campbell, V. Crisanti, G. De Baeremaeker, R. Lalonde, D. Minnan-Wong and J. Mihevc (Members), A. Byford, R. Leary, S. Reed Tanaka, V. Rodo, B. Ross, G. Shortt, J. Taylor, C. Upfold, B. Leck, M. Atlas, S. Lam, J. Lee, J. Kervin, V. Guzzo, K. Sibley, C. Bergquist, K. Lee and D. McDonald.

J. Colle was in the Chair.

K. Rowe, (Chair’s Office) and D. Magisano (Mayor’s Office) were also present.

Present – Public Session

J. Colle (Chair), A. Heisey Q.C. (Vice-Chair), M. Adamson, R. Byers, J. Campbell, V. Crisanti, G. De Baeremaeker, R. Lalonde, D. Minnan-Wong and J. Mihevc (Members), A. Byford (Chief Executive Officer), C. Upfold (Deputy Chief Executive Officer & Chief Customer Officer), R. Leary (Chief Service Officer), S. Reed Tanaka (Chief Capital Officer), V. Rodo (Chief Financial & Administration Officer), B. Ross (Executive Director - Corporate Communications), G. Shortt (Chief Operating Officer), J. Taylor (Chief of Staff), B. Leck (Head - Legal & General Counsel), J. Lee (Head - Materials & Procurement), S. Lam (Head – Streetcar), M. Stambler (Head - Strategy & Service Planning), R. Wong (Head – Bus Maintenance), A. Borkwood (Head – Customer Development), V. Albanese (Head – Diversity & Human Rights), K. Kuzmowich (Diversity Lead & Human Rights Consultant), J. Kervin (Head – Property, Planning & Development Management), B. Brown (Chief – Vehicle Engineering), G. Houston (Fleet Manager – Bus Maintenance & Shops), V. Artemyeva (Research Manager), K. Lee (Head - Commission Services) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

J. Colle was in the Chair.

John Livey (Deputy City Manager) and Peter Notaro (Director – Corporate Intergovernmental and Agency Relations – City Manager’s Office) were present for Item 3.

Declarations of Interest – Municipal Conflict of Interest Act

Nil

Minutes of Previous Meetings

Commissioner Campbell moved that the Board approve the minutes from Meeting No. 1989 and that the Chair and Chief Financial & Administration Officer be authorized to sign the same.

The motion by Commissioner Campbell carried.

Business Arising Out of the Minutes

Nil

Public Presentations

a) SmartTrack Status Update
Hamish Wilson (submitted brief)
Bob Brent
Dan Grgas
The Board received the deputations for information.
(See Item No. 3 for minute).

b) 2016 – 2025 Bus Fleet and Facility Plan
Alan Yule
Emily Daigle
The Board received the deputations for information.
(See Item No. 5 for minute).

c) Board Request: Staff Review of Options to Exclude Bombardier from Future Bidding
Chair Colle moved that the Board waive Section 13(a) of the Procedures Bylaw relating to notice provisions for public presentations to permit a deputation on this item.

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

Elle Cook

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

d) Toronto-York Spadina Subway Extension – York University Station, Contract A29-1 - Acceleration Works CD139

Chair Colle moved that the Board waive Section 13(a) of the Procedures Bylaw relating to notice provisions for public presentations to permit a deputation on this item.

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

Elle Cook

The Board received the deputation for information.

(See Item No. 9 for minute).

Presentations/Reports/Other Business

1. Chief Executive Officer’s Report –October 2015 Update

The Board received the Chief Executive Officer’s Report – October 2015 Update for information.

2. Presentation: Organizational Span of Control Review

The Board opted to forego the presentation on this item from WMC Consultants and received the report for information.

3. SmartTrack Status Update

John Livey (Deputy City Manager), Chris Upfold (Deputy Chief Executive Officer & Chief Customer Officer) and Peter Notaro (Director – Corporate Intergovernmental and Agency Relations – City Manager’s Office) provided a presentation to the TTC Board on this item.

Chair Colle thanked staff for their presentation and advised that the Board looks forward to being kept informed on the matter at Board level.

The item was received for information.

4. Presentation: Q3 2015 Customer Satisfaction Survey Results

Arthur Borkwood (Head - Customer Development) and Viktoriya Artemyeva (Research Manager) provided a PowerPoint presentation on this item.

The Board received the presentation for information.

5. Presentation: 2016 – 2025 Bus Fleet and Facility Plan

Richard Wong (Head – Bus Maintenance) and Mitch Stambler (Head – Strategy & Service Planning) provided a PowerPoint Presentation on this item.

The Board received the presentation for information.

Chair Colle moved the following motion on the item:

• Direct TTC staff to report back on any operational efficiencies realized and a cost-benefit analysis of securing an additional new permanent bus garage in the City of Toronto.

The motion by Chair Colle carried.

Commissioner De Baeremaeker moved the following motion on the item:

• That staff report back on the City of Edmonton electric bus pilot project; the state of electric bus technology, CNG and other technologies; and how the TTC plans to meet the City of Toronto's energy efficiency and clean air targets.

The motion by Commissioner De Baeremaeker carried.

Commissioner Mihevc moved the following motion on the item:

• Request staff to report back well in advance of the 2017 budget process on a bus purchase strategy that takes into account:

a) a return to the TTC historic crowding standards; and

b) a stronger growth rate of TTC ridership.

The motion by Commissioner Mihevc carried.

Commissioner Minnan-Wong moved the following motion on the item:

• That staff be requested to review and make recommendations to improve the procurement process.

The motion by Commissioner Minnan-Wong carried.

The Board adopted the item, as amended.

(Correspondence on this item was received from Dr. Phillip Webb, Cities Centre, University of Toronto).

6. TTC Executive Compensation Review

The Board:

1. Received the information as set out in the Confidential Attachment.

2. Authorized that the information provided in the Confidential Attachment is to remain confidential in its entirety as it contains information that is subject to labour relations privilege.

3. Approved forwarding the report to the City Manager in accordance with the August 2014 decision of City Council (EX44.8).

7. Lease of Office Space for South Field Office- 330 Bay Street

It is recommended that the Board:

1. Adopt the confidential recommendations contained in the Confidential Attachment to this report;

2. Approve the offer to lease for the office space located at 330 Bay Street 7th floor, Toronto, Ontario, having the terms and conditions set out in the Confidential Attachment;

3. Delegate authority to the CEO to execute a lease for office space located at 330 Bay Street, Toronto, Ontario based on the offer to lease in a form satisfactory to TTC’s Head of Legal and General Counsel; and

4. Authorize the public release of the confidential information contained in this report once a lease has been executed between the TTC and the landlord of 330 Bay Street.

Approved

8. Board Request: Staff Review of Options to Exclude Bombardier from Future Bidding

Chair Colle moved the following motion:

The Board:

1. Adopt the recommendation in the staff report; as follows:

It is recommended that the Board:

Authorize the TTC General Counsel to immediately commence a claim or legal action against Bombardier for all damages sustained by the TTC relating to or arising from the schedule delays in the delivery of the streetcars and any other non-performance related issues.

2. Direct the Chair to write to the CEO Bombardier requesting he appear before the Board at its November Commission meeting to explain Bombardier's failure to meet past deadlines and its delivery commitments for streetcars going forward;

3. Request TTC management to consult with alternative suppliers for delivery of the remaining TTC streetcars, should Bombardier be unable for whatever reason to fulfill this order within contractual timelines;

4. Request TTC staff to report back on the financial and operational impacts on the TTC should Bombardier not be able to fulfill their contractual obligations to deliver streetcars;

5. Request TTC staff to seek the advice of an outside business analyst to present to the Board on their assessment of Bombardier's corporate outlook;

6. Request TTC staff, in any negotiations on damages, liquidated or otherwise, to consider as a priority additional LRV's as compensation; and

7. Direct the Chair to write to the Premier of Ontario requesting the Province's support in facilitating the completion of the City of Toronto's order for streetcars from Bombardier.

Commissioner De Baeremaeker called for a recorded vote on the motion.

In favour: Chair Colle, Vice-Chair Heisey, Commissioner Adamson, Commissioner Byers, Commissioner Crisanti, Commissioner De Baeremaeker, Commissioner Lalonde and Commissioner Minnan-Wong.

Opposed: Nil

Not present for the recorded vote: Commissioner Campbell and Commissioner Mihevc.

The motion by Chair Colle carried on a unanimous vote of 8 to 0.

The item was adopted, as amended.

9. Toronto-York Spadina Subway Extension – York University Station, Contract A29-1 – Acceleration Works CD139

It is recommended that the Board:

1. Approve the recommendation outlined in the confidential attachment.

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

Approved

10. Toronto- York Spadina Subway Extension – Property Transfers from Regional Municipality of York to TTC
It is recommended that the Board:

1. Authorize staff to prepare all necessary documentation to complete the transfer of permanent property interests from York, and as required from Vaughan, acquired for the TYSSE project to TTC, in a form satisfactory to TTC General Counsel, consistent with interests shown on Attachments A2 to A5 (subject to minor adjustments); and

2. Authorize staff to prepare all documentation required to ensure that all necessary agreements and/or property interests (e.g. easements) are provided to York and Vaughan to permit York and Vaughan appropriate access to those portions of the project assets which they will be responsible to construct/maintain, in a form satisfactory to TTC General Counsel; and

3. Delegate authority to the CEO (or his delegate) to execute the necessary documentation to enable all required property transfers as set out in Recommendations 1 and 2 above; and

4. Transmit a copy of this report to the CAO, Regional Municipality of York and CAO of City of Vaughan for information.

Approved

11. Terms of Reference for the Human Resources and Labour Relations Committee

The Board received the item for information.

12. 2016 Board and Committee Meeting Schedule

It is recommended that the Board approve:

1. The 2016 meeting schedule dates for the TTC Board and the Audit and Risk Management, Budget, and Human Resources and Labour Relations Committees, as set out below (see Attachment 1 for calendar view) ; and

2. That the published schedule serve as notice of these meetings.

TTC Board

  • Thurs., January 21, 2016
  • Thurs., February 25, 2016
  • Wed., March 23, 2016
  • Thurs. April 7, 2016
  • Wed., April 27, 2016
  • Tues., May 31, 2016
  • Wed., June 29, 2016
  • Wed., July 27, 2016
  • Wed., September 28, 2016
  • Thurs., October 27, 2016
  • Wed., November 30, 2016
  • Tues., December 20, 2016 

Audit & Risk Management

  • Wed., February, 10, 2016
  • Wed., May 25, 2016
  • Wed., July 20, 2016
  • Wed., October 19, 2016

Budget Committee

  • Mon., January 11, 2016
  • Tues. April 19, 2016
  • Thurs., June 16, 2016
  • Tues., September 6, 2016

Human Resources & Labour Relations

  • Thurs., March 3, 2016
  • Wed., June 1, 2016
  • Thurs., November 17, 2016

Approved

13. Accessible Taxi Service – HST Information for Drivers

It is recommended that the board:

1. Receive this report in response to the request from the May 27, 2015 Board Meeting.

Received

14. Unionized Bus Driver Wages – Private Sector

The Board received the item for information.

15. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for August 27, 2015.

The Board received for information the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting of August 27, 2015.

16. 2014 Annual Report on Diversity and Human Rights Achievements

It is recommended that the Board:

1. Receive the report, as amended, for information; and

2. Forward the report to City Council, through the Executive Committee, for information.

Approved

The meeting adjourned at 5:10 p.m.