A meeting of the Toronto Transit Commission was held in Committee Room 4, 2nd Floor, Toronto City Hall, 100 Queen Street West, Toronto, Ontario on Tuesday, January 31, 2012 commencing at 10:00 a.m.  The meeting recessed at 10:05 a.m. and re-convened at 1:00 p.m. in Committee Room 2. 
 
K. Stintz (Chair), P. Milczyn (Vice-Chair), M. Augimeri, V. Crisanti, F. Di Giorgio, N. Kelly, D. Minnan-Wong, C. Palacio, and J. Parker (Commissioners), G. Webster (Chief General Manager), A. Byford (Chief Operating Officer), V. Rodo (General Manager – Executive & General Secretary), D. Dixon (General Manager – Operations), S. Ghaly (Chief Capital Officer – Engineering, Construction and Expansion), M. Atlas (Senior Solicitor – Legal), W. Frost (General Superintendent – Bus Transportation), M. Roche (Chief Financial Officer), M. Stambler (Chief Planning Officer), B. Ross (Director – Corporate Communications), C. Upfold (Chief Customer Service Officer), T. Baik (Chief Project Manager – Construction), A. Pace (Director Strategic Partnerships - Transit Expansion), K. Lee (Assistant General Secretary) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

Declarations of Interest – Municipal Conflict of Interest Act

NIL

Committee of the Whole Resolution

Commissioner Palacio moved that the Commission recess to meet as the Committee of the Whole to deal with litigation or potential litigation matters, labour relations, employee negotiations, and to receive advice which is subject to solicitor-client privilege.

The motion by Commissioner Palacio carried.

Reconvened

Meeting (open to the public) – 1:00 p.m.
Committee room 2, 2nd floor, City Hall

Minutes of Previous Meetings

Commissioner Parker moved that the Commission approve the minutes from meeting no. 1942 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Parker carried.

Business Arising Out of the Minutes

NIL

Public Presentations

Chair stintz moved that the Commission waive section 13a of the procedural Bylaw relating to notice provisions for public presentations to permit deputations from Councillor M. McMahon on item no. 4(a) and councillor A. Perruzza on item no. 12.

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

a) 2012 TTC Final Budget Update

Camille Orridge, CEO
Toronto Central Local Health Integration Network
(Submitted Brief)

Alan Yule

Jamie Kirkpatrick

Steve Munro

Claire McWatt, Co-Chair
Toronto Youth Cabinet

The Commission received the deputations for information
(see item no. 11 for minute). 

b) Procurement Authorization – Ashbridges Bay Maintenance and Storage Facility Contract
 
Alan Yule

Councillor Mary-Margaret McMahon
City of Toronto

Brian Boehlert

Stephen Wickens

The Commission received the deputations for information
(see item no. 4(a) for minute).

c) Eglinton Scarborough Crosstown Project Update

Alan Yule

Jamie Kirkpatrick

Councillor A. Perruzza
City of Toronto

Cameron MacLeod
(Submitted Brief)

The Commission received the deputations for information.
(see item no. 12 for minute).

Notice of Motions

NIL

Motions Without Notice

NIL

Items of Which Notice has Previously Been Given

NIL

Items Deferred From Last Meeting to Permit Debate/Public Presentations

NIL    

1. Reports with Confidential Attachments (Committee of the Whole)

a) Union Negotiations Update

The Commission:

1. Received a confidential verbal update regarding labour negotiations;

2. Noted that staff will release the information provided following ratification of the agreements by all parties.

b) Toronto-York Spadina Subway Extension – Contract A35-26 – Risk Management

The Commission:

1. Received a confidential verbal update regarding risk management related to contract a35-26;

2. Noted that the information provided in the confidential verbal update remains confidential in its entirety, as it contains information that is subject to solicitor-client privilege.

c) Prohibition on Bidding

It is recommended that the Commission:

(1) Permanently prohibit awarding any Commission contract to Sebastian Corbo and any company in which Mr. Corbo owns, controls and/or directs in any manner;

(2) Permanently prohibit awarding any Commission contract to IPAC Paving Limited (“IPAC Paving”); and

(3) Receive the information as set out in the Confidential Attachment and have it remain confidential until the conclusion of the current litigation.

Approved

d) Lansdowne Bus Garage – Update

It is recommended that the Commission receive the information as set out in Confidential Attachment 1 and have it remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

Received

2. Presentations

Prior to commencing with this item Chair Stintz read a number of communications submitted by TTC customers related to very good customer service experiences during their travels on the TTC.  Chair Stintz, on behalf of the commission, extended special thanks to the subject employees for their excellent work.

a) Customer Town Hall Update

C. Upfold, Chief Customer Service Officer gave a PowerPoint presentation on this item.

The Commission received the presentation for information.
  

3. Budget Matters

NIL

4. Procurement Authorizations

a) Procurement Authorization - Ashbridges Bay Maintenance and Storage Facility – Contract WM1-1

Commissioner keLly took carriage of the following motions on behalf of Councillor M. McMahon.

1. At its meeting on December 16, 2009 the Commission approved that the Ashbridges Bay Streetcar Facility Project would provide compensatory contribution to the Ashbridges Bay Skateboard Park, and given that the priorities of the community have changed;
“it is recommended that the commission approve the ashbridges bay streetcar facility compensatory contribution to be allocated to community benefits in consultation with the local councillor in the amount of $300,000 to be spent out by the end of 2014”.

2. As the TTC Light Rail Vehicle Storage and Maintenance Facility is subject to site plan approval, and a site plan application for the facility is currently under review by City Planning and other city divisions under file #10 234859 ste 32sa, and issuance of the notice of approval conditions for the site plan application is pending;
“It is recommended that TTC staff be directed to fulfill all requirements of the City’s Planning Division in accordance with the notice of approval conditions prior to project completion”.

The motions by Commissioner Kelly carried.

Chair Stintz moved adoption of the staff report, as amended.

The motion by Chair Stintz carried unanimously. 

b) Procurement Authorization – Roncesvalles Carhouse Maintenance Facility Extension – Contract B4-24

It is recommended that the Commission authorize the award of Contract B4-24, Roncesvalles Carhouse Maintenance Facility Extension to Maystar General Contractors Inc. in the amount of $9,930,000.00 (excluding the Specified Options).

Approved

c) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period November 1, 2011 to November 30, 2011

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

Received

5. Procurement Authorization Amendments

 NIL

6. Notice of Awards

 a) Notice of Award – Procurement Authorization – Toronto-York Spadina Subway Extension Supply of Substation Traction Power Equipment, AC/DC Switchgear and Power Transformers – Contract A75-22

It is recommended that the Commission receive the notice of award of Chair Stintz, Vice-Chair Milczyn and the Chief General Manager authorizing the award of a contract to Powell Canada Inc. in the amount of $23,243,097.00 for Contract A75-22, Supply of Substation Traction Power Equipment, AC/DC Switchgear and Power Transformers.

Received

7. Service Matters

NIL

8. Other Business

a) Outstanding Commission Items

It is recommended that the Commission receive for information, the updated list of outstanding items for the period up to and including the meeting of December 14, 2011.

Received

9. New Business

NIL

10.  Correspondence

C1 – Joan Canavan, Ministry of Health and Long-Term Care, regarding transportation for patients who need dialysis services.

The Commission received the communication for information.
(see item no. 11 for minute).

C2 – Susan Elgie requesting the $5 million dollars that was allocated back to the TTC Operating budget by City Council be applied to reducing service cuts on the conventional system.

The Commission received the communication for information.
(see item no. 11 for minute).

C3 – Councillor Mark Grimes, City of Toronto, requesting that the future of the 145 Humber Bay Downtown Express Bus Route be deferred once more to the April Commission meeting.

The Commission received the communication for information and approved deferral of this item to the April commission meeting.

C4 – Brenda Thompson, Scarborough Transit Action, requesting the $5 million dollars that was allocated back to the TTC Operating budget by City Council be applied toward bus and streetcar service during peak periods.

The Commission received the communication for information.
(see item no. 11 for minute).

Supplementary Agenda

11. 2012 TTC Final Budget Update

Commissioner Augimeri moved adoption of option 1 as set out on page 4 of the staff report, and as follows:

Option 1

Restore $5 million of the net $8.2 million in off-peak service reductions. Attachment c provides a list of the off-peak reductions that will be implemented on February 12, 2012 that could be added back on march 25, 2012 if the $5 million is directed by the commission there. The approved additional funding would allow approximately 72 off-peak service increases to be made on 31 bus and streetcar routes. Of these service increases, 62 would fully restore off-peak service levels that were changed in February 2012, and 10 would partially restore off-peak service levels that were changed in February 2012. Of the 89 service changes made at off-peak times in February 2012, all but 17 would be fully or partially restored. the funding would allow the TTC’s crowding standard for frequent off-peak routes to be changed so that, instead of increasing it to target a fully-seated bus or streetcar plus 25% additional passengers standing, it would be set to be a fully-seated bus or streetcar with approximately 15% additional passengers standing.

Commissioner Augimeri requested a recorded vote.

In favour: Commissioners Augimeri and Kelly.

Opposed: Chair Stintz, Vice-Chair Milczyn, Commissioners Crisanti, Di Giorgio, Palacio and Parker.

Not present during vote: Commissioner Minnan-Wong

The motion by Commissioner Augimeri lost on a vote of 2 to 6.

Commissioner Parker moved adoption of option 2 as set out on page 4 of the staff report, and as follows:

Option 2

Restore Wheel-Trans service for dialysis trips for ambulatory passengers for the entire year of 2012 by overturning their December 14th decision as set out as item (3) on page 2 of this report. This would also eliminate the need to increase the unaccommodated rate from 2% to up to 5%.

Chair Stintz moved that Commissioner Parker’s motion be amended to reinstate eligibility for new ambulatory dialysis customers in 2012.

In favour:  Chair Stintz, Vice-Chair Milczyn, Commissioners Augimeri, Crisanti, Di Giorgio, Kelly, Palacio and Parker.

Opposed: nil

Not present during vote:  Commissioner Minnan-Wong

The motion by Commissioner Parker, as amended, carried unanimously on a vote of 8 to 0.

Chair Stintz moved adoption of the staff report, as amended.

The motion by Chair Stintz carried.

12. Eglinton Scarborough Crosstown Project Update

Following discussion on the voting for this item the commission agreed that the recommendations in the staff report will be voted on separately and recorded votes taken.

Recommendation no. 1

“It is recommended that the Commission:

Support the ongoing discussions between TTC staff, Metrolinx and Infrastructure Ontario to resolve the issues of project delivery and governance as well as the project alignment and vehicle issues”.

In favour:  Chair Stintz and Commissioners Augimeri and Parker.

Opposed:  Vice-Chair Milczyn, Commissioners Crisanti, Di Giorgio, Kelly, Minnan-Wong and Palacio.

recommendation no. 1 lost on a vote of 3 to 6.

Recommendation no. 2(a)

“Direct the Chief General Manager to further report to the commission in February 2012 on:

The Crosstown Project delivery, project governance and the role of the Toronto Transit Commission (TTC) in design, construction, maintenance and operations”.

In favour:  Chair Stintz, Vice-Chair Milczyn, Commissioners Augimeri, Crisanti, Di Giorgio, Kelly, Minnan-Wong, Palacio and Parker.

Opposed:  NIL

Recommendation no. 2(a) carried unanimously.

Recommendation no. 2(b)

“Direct the Chief General Manager to further report to the Commission in February 2012 on:

An analysis of the Crosstown scope, alignment and vehicle technology”.

In favour: Chair Stintz and Commissioners Augimeri and Parker.

Opposed:  Vice-Chair Milczyn, Commissioners Crisanti, Di Giorgio, Kelly, Minnan-Wong and Palacio.

Recommendation no. 2(b) lost on a vote of 3 to 6.

Recommendation no. 3

“Request the Minister of Transportation and Infrastructure to consider deferring any decisions on Eglinton Scarborough Crosstown Project Delivery, project governance, and project scope until TTC, Infrastructure Ontario and Metrolinx have resolved the outstanding issues related to these aspects of the project”.

In favour:  Chair Stintz and Commissioners Augimeri and Parker.

Opposed:  Vice-Chair Milczyn, Commissioners Crisanti, Di Giorgio, Kelly, Minnan-Wong and Palacio.

Recommendation no. 3 lost on a vote of 3 to 6.

Chair Stintz took carriage of the following motion on behalf of councillor F. Nunziata.

It is recommended that the Commission affirm that the West End of the Eglinton Scarborough Crosstown from Black Creek to Jane is included in the planning and environmental assessments for the project.

The motion by Chair Stintz carried.

Chair Stintz moved adoption of the report, as amended.

The motion by Chair Stintz carried.

The meeting adjourned at 3:25 p.m.