Board Meeting - April 19, 2006

H. Moscoe (Chair), A. Giambrone (Vice-Chair), J. Mihevc, P. Li Preti, B. Ashton, M. Grimes (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), B. Leck (General Counsel), A. Chocorlan (Manager - Materials & Procurement), M. Roche (Chief Financial Officer), T. Andrews (Chief Special Constable), S. Blakey (Executive Director, Human Resources), A. Smith (Acting Chief Marketing Officer), M. Stambler (Manager – Service Planning), W. Buffett (Assistant General Secretary) and F. Stanois (Co-ordinator - Secretariat Services) were present.

H. Moscoe was in the Chair.

B. Agnew-Iler, Mayor’s Office was present.

R. Boutilier, Deputy General Manager, Surface Operations was present for Item No. 2.

M. Bolton, Public Affairs Director was present for Item No. 3

Nil

Vice-Chair Giambrone Moved That The Commission Approve The Minutes From Meeting No. 1867, And That The Chair And General Secretary Be Authorized To Sign The Same.

The Motion By Vice-Chair Giambrone Carried.

Nil

Vice-Chair Giambrone Moved That The Commission Meet As The Committee Of The Whole On Wednesday, May 17, 2006 At 10:00 A.M., Or Later, 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 Giambrone Carried.

a) Item No. 2 – Streetcar Fleet – Update

David Fisher

Steve Munro

The Commission Received The Deputations.

(See Item No. 2 For Minute)

Nil

1. St. Clair Streetcar Project: Status Report

M. Stambler, Manager, Service Planning gave a PowerPoint presentation with respect to this matter.

After Receiving The Presentation, The Commission Approved The Recommendations Contained In The Staff Report, As Listed Below:

“It Is Recommended That The Commission:

1. Receive This Report For Information, Noting That:

• The Previous Legal Obstacle To This Project Was Successfully Resolved When The Ontario Superior Court Dismissed The Application For Judicial Review Of The Project;

• The Projected Costs For This Project, As Defined In The Environmental Assessment Report, Remain Unchanged From The $65 Million Reported In The November 28, 2005 Report To The Commission;

• Upon Successful Conclusion Of Negotiations With The Contractors And Subsequent Approval By The City Of Toronto, Construction On The Project Will Resume On June 5, 2006 For The Section Between Yonge Street And Vaughan Road;

• Community Consultation Is Continuing Through The Two Forums Established By The Minister Of The Environment And The City Of Toronto;

• There Are Ongoing Discussions, Led By City Transportation Services, Regarding The Feasibility Of, And Funding For, The Out-Of-Scope, But Desirable, Features Of Burying All Hydro Wires Underground, Reconstructing The Sidewalks, Resurfacing The Roadway, And Installing New Decorative Street Lighting At Mid-Block Locations Along St. Clair Avenue West; And

2. Forward This Report To The City Of Toronto For Information.

2. Streetcar Fleet Update

The Commission had before it a memorandum dated April 19, 2006 from R. Ducharme, Chief General Manager entitled, “Presentation – Streetcar Fleet Update.”

R. Boutilier, Deputy General Manager, Surface Operations also gave a PowerPoint presentation with respect to this matter.

The Commission Received The Memorandum And Presentation For Information.

Commissioner Mihevc Moved The Following:

1. That The TTC Reaffirm Its Prior Decision To Refurbish 100 Streetcars And Purchase 96 New Vehicles, And That The TTC Capital Budgets For 2007 And Beyond Be Amended Accordingly;

2. That City Council, Through The Budget Advisory Committee And Policy And Finance Committee Be Requested To Approve This Direction;

3. That TTC Staff Be Requested To Put Together A Comprehensive Package For Consideration By The TTC At Its May 2006 Meeting, With Such Package To Include Operational Requirements And A Business Case Analysis; And

4. That Staff Be Requested To Report Back After Council’s Decision On An Expedited Schedule For LRT Delivery.

The Motions By Commissioner Mihevc Carried.

3. Pizzazz Status Update

The Commission had before it a memorandum dated April 19, 2006 from R. Ducharme, Chief General Manager entitled, “Pizzazz Status Update Presentation.”

M. Bolton, Public Affairs Director also gave an overhead slide presentation with respect to this matter.

The Commission Received The Memorandum And Presentation For Information.

Nil

4. Union Station Sewer Relocation – Low Level Interceptor Contract U2-2

It is recommended that the Commission authorize the acceptance of the tender submitted by Clearway Construction Inc. in the amount of $4,050,000.00 for Contract U2-2, Union Station Sewer Relocation – Low Level Interceptor.

Approved

5. Procurement Authorization Mount Dennis Bus Garage Contract  X1-4 – Site Services and Building Foundations Change Directive X1-4-26

It is recommended that the Commission authorize Contract Change X1-4-26 to Torcom Construction Inc., in the credit amount of ($123,000.00), to delete the requirements for the handling of impacted soil.

Approved

6. Procurement Authorization Contract No.: G85-215 Geotechnical and Geo-Environmental Engineering Services Contract

It is recommended that the Commission authorize the issuance of a purchase order to Conestoga-Rovers & Associates Limited, in the upset limit amount of $700,000.00 for geotechnical and geo-environmental engineering services.  The term of the Contract shall be from Notification of Award to March 31, 2009.

Approved

7. Procurement Authorization – Supply of ARC Resistant Clothing

It is recommended that the Commission approve the issuance of a Purchase Order to ISECO Safety Footwear Limited for the supply of Arc Resistant clothing in the upset limit amount of $675,000 for a three year period commencing upon award.

Approved

8. Procurement Authorization – Supply of Janitorial Products

It is recommended that the Commission approve the issuance of purchase orders for the supply of janitorial products as indicated below for the period of May 1, 2006 to April 30, 2009:

1. Morgan Scott for the supply of Toilet Paper and Hand Towels in the upset limit amount of $885,000; and

2. Hansler Smith Ltd. for the supply of Virox Products in the upset limit amount of $1,220,000; and

3. Corporate Express Canada for the supply of General Janitorial Products in the upset limit amount of $3,700,000.

Approved

9. Procurement Authorization – Proposal No. P23PF06718 Engineering Services for Safety Certification

It is recommended that the Commission authorize the issuance of a Purchase Order to McDonnell Consulting Inc. in the upset amount of $420,000 for Engineering Services for Safety Certification, for the period ending December 31, 2008.

Approved

10. Procurement Authorization – Excavation and Paving for St. Clair Avenue West 2006 State of Good Repair Surface Track Program

It is recommended that the Commission:

1. Approve the issuance of a Purchase Order in the total upset limit amount of $1,705,000 to the City of Toronto – Transportation Services, for the Commission’s cost of excavation and paving within the streetcar track allowance along St. Clair Avenue West form Bathurst to Vaughan, State of Good Repair Program.  This work will be completed by the City of Toronto in 2006.

2. Note that the planning and construction work is under way at this time since deferral of the work would impact the ability to complete the work in a timely and cost efficient manner; and

3. Note that excavation and paving for the 2005 St. Clair Avenue Surface Track Replacement State of Good Repair form Yonge to Tweedsmuir, which was deferred due to the judicial review and the deferral of St. Clair West Station including the ramps into 2006 has been previously authorised by the Commission on April 6, 2005 and that the approximate balance remaining in the 2005 Excavation and Paving Purchase Order of $3,550,000 is still effective and required for the completion of this work in 2006.

Approved

11. Procurement Authorization – Change Directive C31D01836 -16 Speed Control System – Unequipped Mode

It is recommended that the Commission authorize an increase of $80,000.00 for Change Directive No. 16 to Alcatel Canada Inc. (Alcatel), for the provision of an Unequipped Mode of Speed Control System operation which will bring the total interim authorized amount of Change Directive No. 16 to $105,000.00.

Approved

12. Procurement Authorization – Supply of Brake Control Units for the CLRV Streetcars

It is recommended that the Commission authorize the award of a contract to Knorr Brake Limited for the supply of brake control units (BCU’s) for the CLRV Streetcar fleet in 2006 and 2007 in the amount of $3,133,750.

Approved

13. Purchase Order Amendment Authorization - Reserved Transit Lanes on St. Clair Avenue West (Phase One)

It is recommended that the Commission:

1. Approve the issuance of a Purchase Order Amendment (PC45390) to the City of Toronto – Transportation Services to increase the total contract amount by $1,960,000 bringing the total upset limit amount to $14,213,222.  This amendment covers the costs associated with the design, contract administration and construction of the section from Tweedsmuir Avenue to Vaughan Road of the reserved transit lanes along St. Clair Avenue West as part of the revised Phase One construction for 2006.  This excludes the cost of State of Good Repair Surface Track Replacement Program.

2. Note that the planning and design work is under way at this time since any deferral of the work would impact the ability to complete the work in a timely and cost efficient manner;

3. Note that staff will be submitting a further report to the Commission at the appropriate time, necessary to seek approval to complete Phase Two of the St. Clair Avenue West Transit Improvement Project.

Approved

14. Purchase of Brake Component Parts

It is recommended that the Commission authorize the award of three-year inventory supply contracts for the supply of various brake component parts to the following companies for the period from April 2006 to April 2009:

- Rose Rail Components for $609,000 including applicable taxes.

- Knorr Brake Limited for $466,000 including applicable taxes.

Approved

15. Purchase of Abrasives

It is recommended that the Commission authorize the award of three-year inventory supply contracts for the supply of various abrasives to the following companies for the period from April 2006 to April 2009:

- Wolseley Industrial Products Group for $293,000 including applicable taxes.

- Hansler Smith Limited for $210,900 including applicable taxes.

- Spectrum Abrasives for $174,000 including applicable taxes.

- Canadian Motivel Incorporated for $5,400 including applicable taxes.

- Colville Fasteners Limited for $3,500 including applicable taxes.

- Barnes Distribution for $2,300 including applicable taxes.

- Commercial Solutions Incorporated for $1,300 including applicable taxes.

Approved

16. Purchase of Superlube Rail Grease

It is recommended that the Commission authorize the award of a one-year inventory supply contract for the supply of rail grease for the period July 2006 to July 2007 to Colony Distribution for an upset limit of $383,000 including applicable taxes.

Approved

17. Purchase of Chemicals

It is recommended that the Commission authorize the award of three-year inventory supply contracts for the supply of various chemicals to the following companies for the period from April 2006 to April 2009:

- Hansler Smith Limited for $202,000 including applicable taxes.

- EIMET for $144,000 including applicable taxes.

- Compass Flooring Limited for $66,000 including applicable taxes.

- Mister Chemical Limited for $50,000 including applicable taxes.

- Johnson Diversey Canada Incorporated for $26,000 including applicable taxes.

- West Penetone Incorporated for $22,000 including applicable taxes.

- J.I.S. Specialty Products for $12,000 including applicable taxes.

- Bowman Distribution, Barnes Group for $8,700 including applicable taxes.

- Brodi Chemicals for $7,500 including applicable taxes.

- Sartomer Company Incorporated for $1,400 including applicable taxes.

Approved

18. Purchase of Filters

It is recommended that the Commission authorize the award of three-year inventory supply contracts for the supply of various filters to the following companies for the period from May 2006 to May 2009:

- Harper Detroit Diesel for $366,000 including applicable taxes.

- MCI Service Parts Incorporated for $347,000 including applicable taxes.

- Puraire Incorporated for $182,000 including applicable taxes.

- Napa Auto Parts #136 for $71,000 including applicable taxes.

- Freightliner Mid-Ontario Incorporated for $47,000 including applicable taxes.

- British Auto for $1,000 including applicable taxes.

Approved

19. Contract Cost-Guarantee Date for Propulsion System – CLRV Life Extension Program (Update)

Commissioner Ashton Moved That The Recommendation Contained In The Report Be Amended By Striking Out Recommendation 2, So Such Recommendation Reads As Follows:

“It Is Recommended That The Commission:

1. Receive This Report For Information.”

The Motion By Commissioner Ashton Carried.

(Also See Item No. 2 For Minute)

20. Notice of Award – Purchase of 1000 MCM Cable

It is recommended that the Commission receive the notice of award of Chair Moscoe, Vice-Chair Giambrone and the Chief General Manager authorizing the award for inventory of a contract to Robertson Electric Wholesale for the supply of 12,000 meters of 1000 MCM Cable in the amount of $712,632.00 including applicable taxes.

Received

21. Notice of Award – Purchase of 1500 MCM Cable

It is recommended that the Commission receive the notice of award of Chair Moscoe, Vice-Chair Giambrone and the Chief General Manager authorizing the award for inventory of a contract to Anixter Canada Incorporated for the supply of 10,000 feet of 1500 MCM Cable in the amount of $293,250.00 including applicable taxes.

Received

22. Summary of Authorized Expenditures between $100,000 to $200,000 for the Period February 1, 2006 to February 28, 2006

It is recommended that the Commission receive this report for information. It lists expenditures ($100,000 up to $200,000) for the period February 1, 2006 to February 28, 2006, which were approved by Senior Management.

Received

23. Kipling Station – Interim TTC Use of Westwood Theatre Lands for Commuter Parking

It is recommended that the Commission approve the following:

1. Authorize staff to enter into a Memorandum of Understanding (MOU) with the City of Toronto, under the general terms and conditions outlined in this report, for the interim use of the City owned Westwood Theatre Lands (Appendix A), as an interim TTC commuter parking lot as illustrated on Appendix B noting that the TTC Commuter Parking Lot Policy requirement for replacement spaces would not apply to this lot; and

2. Authorize an unbudgeted operating expenditure of $200,000 to carry out site improvements to the Westwood Theatre Lands in 2006 by issuing a Purchase Order Amendment to the Toronto Parking Authority (TPA) to carry out the necessary work.

Approved

Chair Moscoe Moved That Staff Be Requested To Report Back If Site Plan Requirements Are Onerous Or If The Site Plan Gets Referred To Community Council.

The Motion By Chair Moscoe Carried.

24. Pemberton Avenue Road Allowance - Property Acquisition for New Finch Station Bus Exit

It is recommended that the Commission authorize an increase in the estimated final cost for Project 3.3 – Yards and Roads – Bus Roadway Improvements, Finch Station by $320,611 bringing the total cost of the project to $1,735,611 to allow the completion of the property expropriation process.

Approved

25. Royal Ontario Museum (ROM) Entrance Connection – Status Report

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

Received

Chair Moscoe Moved That Staff Be Requested To Explore And Report Back On The Following Issues:

1. Can Easier Access Be Achieved On Museum Property; And

2. If So, Could The TTC Then Apply Part Of The Cost Of Easier Access To The Entrance Connection Between The Museum And Museum Station.

The Motion By Chair Moscoe Carried.

26. Bus Only Lanes Downsview Station to York University – Status Report

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

Received

27. 33 Forest Hill – Post-Implementation Review

It is recommended that the Commission approve the elimination of the present trial routing on the 33 FOREST HILL route via Old Forest Hill Road, and that service return to the previous routing using Elderwood Drive and Vesta Drive, effective May 8, 2006.

Approved

28. Request for Travel – Subway Operations International Rail Rodeo – New York City, New York – June 7-10, 2006

It is recommended that the Commission approve the travel request for 2 Rail Roadeo Teams representing Subway Operations to attend the International Rail Roadeo in New York City, New York, from June 7 to 10, 2006, at a cost of $28,372.00.  The teams will consist of the Operators Team (2 team members and 1 Subway Transportation Supervisor) and the Maintenance Team (3 team members and 1 Rail Cars and Shops Supervisor).

Approved

29. TTC Corporate Policy Review –  Policy 4.9.3 - Federal, Provincial and Municipal Elections

Vice-Chair Giambrone Moved That The Policy Be Referred Back To Staff For Further Review Of His Concerns With Respect To Clause 5.2 And Clause 6.1 Embodied In The Policy.

The Motion By Vice-Chair Giambrone Carried.

Chair Moscoe Moved That Staff In Conducting Their Review Also Consider The Following Changes To The Policy:

- Amending Clause 6.2 By Adding The Words “A City Of Toronto” So Such Clause Reads As Follows:

“6.2 An Employee Who Is Elected To Public Office In A Federal, Provincial Or A City Of Toronto Municipal Riding Or Ward Must Resign His Or Her Position With The Commission Effective No Later Than The Day Prior To The First Date Of Assuming Public Office.”

- Adding A Clause 6.3 To Read As Follows:

“An Employee Who Is Elected To Municipal Public Office In A Municipality Outside Of Toronto May Apply To The Commission To Continue His Or Her Employment Status And/Or Modify His Or Her Employment Status To Accommodate His Or Her Community Service And Has The Right To Appear Before The Commission To Discuss This Matter With The Commission.”

- Adding A Clause 6.4 To Read As Follows:

“An Employee Who Is Elected To A Federal, Provincial Or Municipal Office Has A Right To A Leave Of Absence Without Pay To Fulfil His Or Her Elected Responsibility For A Period Of Ten Years, Subject To A Further Renewal As May Be Approved By The Commission.”

The Motion By Chair Moscoe Carried.

30. TTC Corporate Policy Review – Policy 4.15.3 Assisting Employees with Aids and Other Infectious Diseases

It is recommended that the Commission approve TTC Corporate Policy 4.15.3, Assisting Employees with AIDS and Other Infectious Diseases, which is attached as Appendix A.

Approved

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 February 22, 2006.

Received

Chair Moscoe Moved That The Staff Report Coming Forward On Taxi Stands At Transit Facilities Also Include The Decisions Made By The City Works Committee Concerning This Matter.

The Motion By Chair Moscoe Carried.

a) Maintaining Metropass Branding

The Commission had before it a memorandum dated April 19, 2006 from R. Ducharme, Chief General Manager entitled, “Staff Response to Commission Inquiry – Maintaining Metropass Branding.”

The Commission Approved The Recommendation Contained In The Memorandum, As Listed Below:

“Based On Market Research Conducted By Staff And Analysis Undertaken By The Commission’s Advertising Agency, It Was Determined That Re-Naming The “Metropass” Would Require A Significant Financial Investment With Little Benefit In Terms Of additional monthly pass sales or ridership.  Staff does not recommend that the “Metropass” Name Be Revised At This Point In Time.”

b) Update on Post-Secondary Discount Program

The Commission had before it a memorandum dated April 19, 2006 from R. Ducharme, Chief General Manager entitled, “Staff Response to Commission Inquiry – Update on Post Secondary Discount Program.”

The Commission Approved The Recommendation Contained In The Memorandum, As Listed Below:

“The Commission Receive This Memorandum For Information, And Continue To Support Staff In Their Ongoing Discussion With Post-Secondary Institutions With The Intention Of Implementing The Program In 2007.”

c) Indemnification of Commissioners from Action of Judgment Policy

The Commission had before it a memorandum dated April 19, 2006 from B. Leck, General Counsel entitled, “Staff Response to Commission Inquiry – Response to Chair Moscoe’s Motion re: Indemnification of Commissioners From Action or Judgment Policy.”

Chair Moscoe Moved That This Matter Be Referred Back To Staff For A Further Review Of The Adjudication Provision Contained In The Policy.

The Motion By Chair Moscoe Carried.

d) Management Program for Escalators and Elevators

The Commission had before it a memorandum dated April 19, 2006 from R. Ducharme, Chief General Manager entitled, “Staff Response to Commission Inquiry – Management Program for Escalators and Elevators.”

The Commission Received The Memorandum For Information.

Chair Moscoe Moved The Following:

1. That Staff Be Requested To Report Back At The Next Meeting On The Possibility Of Shortening The Timeframe For The Real Time Escalator And Elevator Monitoring Project.

2. That Staff Develop A Direct Line Of Accountability For The Movement Of Escalators And Elevators In Subway Stations.

The Motions By Chair Moscoe Carried.

C-1 Councillor Pam McConnell, City of Toronto dated March 12, 2006, requesting that the TTC maintain service for Island residents at the level of the past decades, with two buses made available during the winter months.

The Commission Referred The Communication To Staff For Report.

C-2 C. Davidovits, for City Clerk, City of Toronto dated March 8, 2006, advising that the City Community Services considered a communication dated January 18, 2006 from the Chief General Manager responding to a request for the provision of transit costs for participants in a Youth and Training Program; and further that the City Community Services Committee received the aforementioned communication, with regret and disappointment.

The Commission Received The Communication For Information.

a) TTC Spadina York Subway Extension Committee

Chair Moscoe Moved The Following:

1. That The Commission Establish A Committee Which Oversees The Implementation Of The Spadina York Subway Extension Including The Planning, Communication With Other Levels Of Government, Funding Mechanisms, Etc.

2. That This Committee Be Given Appropriate Staff Support.

3. That The City Be Requested To Provide Appropriate Staff Support.

4. That The Composition Of This Committee Be Made Up Of Commissioners De Baeremaeker, Li Preti And Chair Moscoe.

5. That Commissioner Li Preti Be Appointed As Chair Of The Committee.

The Motion By Chair Moscoe Carried.

b) Funding - Environmental Assessments Scarborough RT and Extension Sheppard Subway

Commissioner Ashton Moved That The TTC Acknowledge The Identification Of $1.0 Million For An Environmental Assessment Of The Scarborough Subway; And Further That The Minister Of Transportation Be Advised That An Environmental Assessment For The Scarborough Rt Is Estimated To Cost $4.0 Million And The Extension Of The Sheppard Subway $2.0 Million.

The Motion By Commissioner Ashton Carried.

The meeting adjourned at 3:00 p.m.