Meeting No. 1853 

Wednesday, February 9, 2005

A meeting of the Toronto Transit Commission was held in Committee Room 2, Toronto City Hall, 100 Queen Street West, Toronto, Ontario on Wednesday, February 9, 2005 commencing at 1:15 p.m.

H. Moscoe (Chair), J. Mihevc (Vice-Chair), B. Ashton, B. Balkissoon, Mayor D. Miller, P. Li Preti, D. Shiner, A. Giambrone and S. Bussin (Commissioners), R. Ducharme (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), G. Webster (General Manager – Operations), J. Sepulis (General Manager - Engineering & Construction), L. Hilborn (Deputy General Manager – Corporate), C. Jeffries (Acting Executive Director – Human Resources), B. Leck (General Counsel), A. Chocorlan (Manager - Materials & Procurement), M. Roche (Chief Financial Officer), A. Smith (Acting Chief Marketing Officer), T. Andrews (Chief Special Constable), W. Buffett (Assistant General Secretary) and F. Stanois (Co-ordinator - Secretariat Services) were present.

Mazin Aribi, Vice-Chair and Sam Savona, TTC Advisory Committee on Accessible Transportation were also present.

H. Moscoe was in the Chair.

M. Anders, Marketing Research Director was present for Item Nos. 2 and 3.

W. Brown, Manager, Surface Vehicle Engineering was present for Item No. 7.

Declaration Of Interest – Municipal Conflict Of Interest Act - Nil

Minutes Of Previous Meeting

Vice-Chair Mihevc Moved That The Commission Approve The Minutes From Meeting Nos. 1851 And 1852, And That The Chair And General Secretary Be Authorized To Sign The Same.

The Motion By Vice-Chair Mihevc Carried.

Business Arising Out Of The Minutes - Nil

Committee Of The Whole Resolution

Vice-Chair Mihevc Moved That The Commission Meet As The Committee Of The Whole At 2:00 P.M. On Tuesday, March 1, 2005 And 9:30 a.m., Or Later, On Wednesday, March 16, 2005, To Deal With Litigation Or Potential Litigation Matters, Labour Relations Or Employee Negotiations And To Receive Advice Which Is Subject To Solicitor-Client Privilege.

The Motion By Vice-Chair Mihevc Carried.

Deputations

a) Advisory Committee on  Accessible Transportation – Terms of Reference

Boyd Hipfner
Member
Advisory Committee on Accessible Transportation

The Commission Recieved the Deputation

(ALSO SEE CC-1 FOR MINUTE)

b) Item No. 3 – Budget

Gord Perks
Toronto Environmental Alliance

John Cartwright
President
Toronto & York Labour Council

Joan Doiran
Better Transportation Coalition
(Submitted brief)
Roger Brook

Adam Chaleff-Freudenthaler
Toronto Youth Cabinet

Steve Munro

The Commission Received The Deputations.

(See Item No. 3 For Minute)

c) Report No. 7 – Procurement Authorization –  Purchase of Clean Diesel and Hybrid Low Floor Transit Buses

Dan McDermott
Sierra Club
(Submitted brief)

Rick Thomas
Canadian Natural Gas Vehicle Alliance
(Submitted brief)

David Lynch
Cummins Westport
(Submitted brief)

Mike Tremayne
Enbridge
(Submitted brief)

The Commission Received The Deputations.

(See Report No. 7 For Minute)

Commissioners Correspondence

a) CC-1 – Commissioner Brian Ashton - TTC Advisory  Committee on Accessible Transportation – Terms of Reference

The Commission had before it a communication dated December 21, 2004 from Mazin Aribi and William Castor, Vice-Chairs, Advisory Committee on Accessible Transportation (ACAT) concerning changes to the Committee’s Terms of Reference.

Commissioner Ashton Moved The Following:

1. That The Commission Adopt The Policy Change Recommended By ACAT As Detailed In The Communication Dated December 21, 2004 From Mazin Aribi And William Castor, Vice-Chairs, ACAT; And

2. That The Current Ex-Officio Chair Be Grandfathered For This Particular Term.

The Motions By Commissioner Ashton Carried.
 
b) CC-2 – Commissioner Giambrone – Review of Corporate Policy Manual

The Commission had before it a communication dated February 3, 2005 from Commissioner Giambrone entitled, “Review of Corporate Policy Manual.”

Commissioner Giambrone Moved The Following:

1. That The Commission Request The CGM To Bring Forward An Annual Report That Outlines All The Changes To The Corporate Policy Manual That Have Been Made Over The Course Of The Calendar Year Within The First Quarter Of Each Year For Review By The Commission.

2. That The Commission Adopt Schedule ‘B’ Embodied In Commissioner Giambrone’s Communication Dated February 3, 2005, As The Schedule For Policy Reviews To Be Undertaken In Subsequent Years.

The Motions By Commissioner Giambrone Carried.

(Also See Item No. 16 For Minute)

Presentations

1. Award of Merit Presentation

On November 4, 2004, at 10:40 a.m., customer Vince Mielen was travelling on a bus westbound on Sweeney Drive when he observed the Operator slump over the steering wheel and lose consciousness.  Vince called to the Operator but did not get a response.  He immediately took action and pulled the steering wheel to the right to avoid a collision with a hydro pole.  The bus mounted the curb and travelled an additional fifteen feet before it came to a stop by contacting the hydro pole guy wire.  There were no injuries as a result of the collision.  Emergency response personnel attended and transported the Operator to hospital.

On behalf of the Commission, Chair Moscoe thanked Vince Mielen for his courageous actions and presented him with an Award of Merit.

2. TTC Ridership Forecasting Methodology

The Commission had before it a memorandum dated February 9, 2005 from R. Ducharme, Chief General Manager entitled, “Presentation – TTC Ridership Forecasting Methodology.”

M. Anders, Marketing Research Director also gave an overhead slide presentation with respect to this matter.

The Commission Received The Memorandum And Presentation For Information.

Budget Matters

3. Budget

M. Anders, Marketing Research Director gave an overhead slide presentation regarding possible fare options.

The Commission Received The Presentation For Information.

The Commission also had before it the motions approved by the City Budget Advisory Committee at its meeting on Friday, February 4, 2005 concerning the TTC 2005 Capital and Operating Budgets.

Vice-Chair Mihevc Moved That The TTC Capital Budget Request Of $444m Be Reduced By $58m Which Includes The $10.2m Of Specified Reductions Noted In The BAC Report, But Which Does Not Include Any Further Cuts As Requested By The BAC.

Chair Moscoe Called For A Recorded Vote On Vice-Chair Mihevc’s Motion.

Chair Moscoe, Vice-Chair Mihevc, Mayor Miller, Commissioner Bussin, Commissioner Ashton, Commissioner Giambrone And Commissioner Li Preti Voted In Favour.  Commissioner Shiner And Commissioner Balkissoon Were Opposed.

The Motion Carried On A 7 - 2 Vote.

Vice-Chair Mihevc Moved That The TTC Support The City To Immediately Begin Negotiations With The Federal Government On The Allocation Of The Federal Gas Tax, Based On The Formular Of Trips/Population (25 Percent/75 Percent) Which Would Realize An Additional $10 Million Of Revenues For The TTC In The 2005 Capital Budget.

Chair Moscoe Called For A Recorded Vote On Vice-Chair Mihevc’s Motion.

The Motion Carried On A Unanimous Vote.

Vice-Chair Mihevc Moved That The 2005 Toronto Transit Commission Operating Budget Be Amended By Reducing Such Budget As Follows For Savings Of $4.7 Million:

A) Ridership Increase From 424 To 426 Million For Savings Of $3.2 Million;

B) Increase Gapping On Administrative Positions For Savings Of $0.15 Million;

C) Property Tax Reduction For Savings Of $1.2 Million;

D) Hiring Deferrals For Savings Of $0.15 Million.

Chair Moscoe Called For A Recorded Vote On Vice-Chair Mihevc’s Motion.

Chair Moscoe, Vice-Chair Mihevc, Commissioner Ashton, Commissioner Bussin, Commissioner Balkissoon, Commissioner Giambrone, Mayor Miller And Commissioner Li Preti Voted In Favour. Commissioner Shiner Was Opposed.

The Motion Carried On A 8 – 1 Vote.

Vice-Chair Mihevc Moved That The Commission Request The City To Set The TTC 2005 Operating Budget Subsidy At $213.880 Million.

Chair Moscoe Called For A Recorded Vote On Vice-Chair Mihevc’s Motion.

Chair Moscoe, Vice-Chair Mihevc, Commissioner Ashton, Commissioner Bussin, Commissioner Balkissoon, Commissioner Giambrone, Mayor Miller And Commissioner Li Preti Voted In Favour. Commissioner Shiner Was Opposed.

The Motion Carried On A 8 – 1 Vote.

Vice-Chair Mihevc Moved That Ttc Fares Be Increased For March 6, 2005 As Follows:

A)  Move Tickets And Tokens From $1.90 To $2.00;

B) Move The Cash Fare From $2.25 To $2.50;

C) Increase Fares For Seniors/Students/Children On A Pro-Rata Basis; And

D) No Increase On Any Metropass Fares.

Chair Moscoe Called For A Recorded Vote On Vice-Chair Mihevc’s Motion.

Chair Moscoe, Vice-Chair Mihevc, Commissioner Ashton, Commissioner Bussin, Commissioner Balkissoon, Commissioner Giambrone And Mayor Miller Voted In Favour. Commissioner Shiner And Commissioner Li Preti Were Opposed.

The Motion Carried On A 7 – 2 Vote.

Mayor Miller Moved That Implementation Of The Weekly Pass Be Deferred Until September 2005 In Order To Make It Transferable.

The Motion By Mayor Miller Carried.

Mayor Miller Moved That The City And The Province Be Requested To Participate In A Joint Staff Working Group To Address:

A) A Five-Year Sustainable Capital Programme To Support:

I) State Of Good Repair And Legislative Requirements;

II) Ridership Growth;

III) “Transit City Programme”;

IV) Expansion.

B) Predictable And Sustainable Operating Revenue/Subsidy;

And Staff Be Requested To Report Back To The Commission Meeting In June 2005.

The Motion By Mayor Miller Carried.

Mayor Miller Moved That In Pursuit Of Long Term Financial Stability And Increased Autonomy Of The TTC, Staff Be Requested To Report To The Commission On A Mechanism Including Options And Tools For Negotiation Of Long-Term Agreements With City Council Designed To Provide The TTC With Operating And Capital Funding Certainty To Allow It To Fulfil Its Role To Plan, Build And Operate The Public Transit System In A Systematic Manner.

The Motion By Mayor Miller Carried.
 

Procurement Matters

4. Procurement Authorization Fire Ventilation  Upgrade Project – Consultant Services Contract D85-9

It is recommended that the Commission authorize the award of contracts to the following three companies to provide Design Consultant Services for the Fire Ventilation Project, Contract D85-9, in the total upset limit amount of $7,500,000 split as follows:
 
1. Arup Canada Inc. (Arup) / $2,500,000 (upset limit) Stage 4

2. Earth Tech Canada Inc. (ET) / $2,500,000 (upset limit) Stages 2&5

3. Hatch Mott MacDonald Ltd. (HMM) / $2,500,000 (upset limit) Stage 6

Approved

5. Procurement Authorization Structural Engineering Services – Biennial Contract Proposal No. P11PV04890

It is recommended that the Commission accept the Proposals from and authorize the issuance of purchase orders to the following firms and in the upset limit amounts listed below, for Structural Engineering Services for a two-year period, from notification of awards:

1. Delcan Corporation (Delcan) / $312,500

2. LEA Consulting Ltd. (LEA) / $312,500

3. Morrison Hershfield Limited (Morrison) /$312,500

4. SNC-Lavalin Engineers & Constructors Inc (SNC) / $312,500

In the total upset limited amount of $1,250,000.

Approved

6. Purchase Order Amendment Authorization Contract No.:G85-157A Consulting Services for Designated Substances Surveys

It is recommended that the Commission authorize the issuance of an amendment for an additional $190,000 to Jacques Whitford Environment Limited for a total revised upset limit amount of $440,000           

Approved

7. Procurement Authorization – Supply of Clean Diesel and Hybrid Low Floor Transit Buses

W. Brown, Manager, Surface Vehicle Engineering gave a PowerPoint presentation with respect to this matter.

The Commission Received The Presentation For Information.

Vice-Chair Mihevc Moved That The Commission Adopt The Recommendation Contained In The Report, As Listed Below:
“It Is Recommended That The Commission Authorize The Award Of A Contract To Orion Bus Industries Ltd. In The Amount Of $208,086,892.35 For The Supply Of 180 Clean Diesel And 150 Hybrid Low Floor Transit Buses, Subject To City Of Toronto Project Funding Approval.”

The Motion By Vice-Chair Mihevc Carried.

Vice-Chair Mihevc Moved The Following:

1. That Staff Be Requested To Evaluate The New Generation Of CNG Buses, As Part Of The Next Bus Purchase Order, Using The Experience Of Other North American Transit Authorities Using The Newest CNG Technology, And Report Back To The Commission.

2. That Staff Be Requested To Make The Same Bus Procurement Presentation To The City Budget Advisory Committee And City Policy And Finance Committee.

The Motions By Vice-Chair Mihevc Carried.

8. Purchase of CLRV Truck Suspension Parts

It is recommended that the Commission authorize the issuance of a purchase order to Bombardier Incorporated in the amount of $857,625.84 for plates, rings, pistons, clamps and springs (160 of each type) that will be used for CLRV truck suspension.

Approved

9. Purchase of Stone Air Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of Stone Air parts for the period March 2005 to February 2008 to Stone Air, A Division of Wabtec (Stone) for an upset limit of $1,250,000 including applicable taxes.

Approved

10. Purchase of Emco Wheaton Bus Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of Emco Wheaton parts for the period March 2005 to March 2008 to Emco Wheaton Corporation for an upset limit of $346,000 including applicable taxes.

Approved

11. Purchase of High Speed Colour Copier

It is recommended that the Commission authorize the award of a contract to Canon Canada Inc. for the supply of a Canon CLC 5100 High Speed Colour Copier in the total upset limit amount of $305,000, which includes maintenance for the copier for a 5 year term.

Approved

12. Summary of Authorized Expendituresfor the Period November 28, 2004 to December 31, 2004

It is recommended that the Commission receive this report for information.  It lists expenditures ($100,000 up to $200,000) for the period November 28, 2004 to December 31, 2004, which were approved by Senior Management.

Received

13. Notice of Award – Procurement Authorization St. Clair Avenue West Engineering/Urban Design

It is recommended that the Commission receive the notice of award of the Chair, Vice-Chair and the Chief General Manager to authorize the award of a contract to Marshall Macklin Monaghan Ltd. (MMM) in the total upset limit amount of $500,000 for urban design and engineering services related to the St. Clair Avenue West Transit Improvements Project.

Received

Other Business

14. Eglinton West – East Commuter Parking Lot – Review of Impact of Pricing Change

It is recommended that the Commission receive this report for information.

Received

Vice-Chair Mihevc Moved That Staff Be Requested To Report Back On The Possibility Of Implementing A Simplified Pricing Strategy With Parameters Of $1.50/Hour And A Maximum Of $5.00.

The Motion By Vice-Chair Mihevc Carried.

Commissioner Shiner Moved That Staff Be Requested To Report Back On What The Toronto Parking Authority Charges For Similar Types Of Lots.

The Motion By Commissioner Shiner Carried.

15. Retail Lease Renewals – Various Tenants

It is recommended that the Commission approve renewing the following retail lease agreements with:

1. Crossroads Gourmet (Eglinton);

2. Dixie Dry Cleaners (Eglinton);

3. I Love Bargains (Eglinton);

4. Batteries and Gadgets (Eglinton);

5. Transit Café (Warden);

6. Transit Café (Islington); and

7. Titanium Enterprises Ltd. (Union)

To allow for a five-year renewal period for each tenant.

Approved

16. TTC Corporate Policy Review

It is recommended that the Commission approve the following TTC Corporate Policy, which is attached hereto as Appendix ‘A’:

• Policy 13.5.3, Authorization for Expenditures

Approved

Chair Moscoe Moved That When Policies Are Amended That The Revisions Be Highlighted Or Underscored.

The Motion By Chair Moscoe Carried.

17. Proxy to Vote Toronto Transit Commission Shares in Toronto Coach Terminal Inc.

It is recommended that the Commission approve the attached proxy to exercise the 10,000 Toronto Transit Commission shares in Toronto Coach Terminal Inc. for any Toronto Coach Terminal Inc. Shareholders Meeting that is held during the year 2005.

Approved

18. Proxy to Vote Toronto Transit Commission Shares in Toronto Transit Consultants Limited

It is recommended that the Commission approve the attached proxy to exercise the 1,000 Toronto Transit Commission shares in Toronto Transit Consultants Limited for any Toronto Transit Consultants Limited Shareholders Meeting that is held during the year 2005.

Approved

19. Outstanding Commission Items

It is recommended that the Commission receive for information the attached list of outstanding Commission items for the period up to and including the meeting of December 15, 2004.

Recieved

20. Staff Response to Commission Inquiries

a) Purchase Order Amendment Authority – Supply of Ride Guides

The Commission had before it a memorandum dated February 9, 2005 from R. Ducharme, Chief General Manager entitled, “Staff Response to Commission Inquiry – Purchase Order Amendment Authority – Supply of Ride Guides.”

The Commission Received The Memorandum For Information.

b) Traffic Enforcement Statistical and Cost Data

The Commission had before it a memorandum dated February 9, 2005 from R. Ducharme, Chief General Manager entitled, “Staff Response to Commission Inquiry – Traffic Enforcement Statistical and Cost Data.”

The Commission Received The Memorandum For Information.

Chair Moscoe Moved The Following:

1. That The TTC General Counsel Be Requested To Report On Amendments That Would Be Required To Legislation To Permit This Work To Be Done By Other Than A Police Officer Or To Relieve TTC Of The Responsibility To Hire A Police Officer.

2. That Staff Be Requested To Report On Costs If This Work Was To Be Performed By:

A) Regular Duty Police Officers; Or

B) A Private Security Firm.

3. That Staff Be Requested To Work With The Chief Administrative Officer’s Office To Include Additional Powers Required To The City Of Toronto Act That Would Relieve This Burden.

The Motions By Chair Moscoe Carried.

21. Correspondence

C-1 Pat Miller, Deputy Clerk, Town of Markham dated December 20, 2004 advising that Council at its meeting held on December 14, 2004 approved a Resolution requesting York Region Transit and the Toronto Transit Commission to review transit service to the Kennedy Road and Steeles Avenue area, including increasing services and transit stop locations.

The Commission Referred The Communication To Staff For Report.

C-2 The Honourable Greg Sorbara, Minister of Finance, Province of Ontario dated January 26, 2005 responding to the Commission’s request for relief from the Province of Ontario’s fuel taxes.

The Commission Received The Communication For Information.

22. New Business

a) Fare Media Request – Civil Engineering Conference

The Commission had before it a communication dated February 9, 2005 from R. Ducharme, Chief General Manager entitled, “Canadian Society for Civil Engineering Conference.”

Chair Moscoe Moved That The Commission Absorb A Revenue Loss Of $9,750 Associated With The Provision Of 1,000 Conference Transit Passes To Delegates Of The Civil Engineering Conference.

The Motion By Chair Moscoe Carried.

The meeting adjourned at 5:10 p.m.