Board Meeting - March 26, 2008

A. Giambrone (Chair), J. Mihevc (Vice-Chair), M. Thompson, S. Hall, B. Saundercook, P. Milczyn,  S. Bussin, G. De Baeremaeker and A. Perruzza (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (General Manager – Operations), J. Sepulis (General Manager – Engineering & Construction), B. Leck (General Counsel), A. Chocorlan (Manager - Materials & Procurement), M. Roche (Chief Financial Officer), A. Smith (Chief Marketing Officer), M. Stambler (Manager – Service Planning), W. Buffett (Assistant General Secretary) and F. Stanois (Coordinator – Secretariat Services) were  present.

A. Giambrone was in the Chair.

W. Bartram, General Superintendent, Track and Structure and G. Johnstone, Superintendent, Structure Maintenance were present for Item No. 2a).

G. Shortt, General Superintendent, Plant Maintenance was present for Item No. 2b).

F. Reynolds, Deputy Chief Transit Patrol and M. Butler, Investigative Services Coordinator were present for Item No. 8f).

Commissioner Thompson declared an interest with respect to Item (A) entitled, “Commissioner Glenn De Baeremaeker: Inclusion of Brimley Road Station on Scarborough Rapid Transit Line in Environmental Assessment and Capital Program” as he owns property in the vicinity of the proposed station.  Commissioner Thompson took no part in the discussion or the decision made by the Commission concerning this matter.

Due to the above declaration of interest by Commissioner Thompson, Commissioner Milczyn agreed to second Commissioner De Baeremaeker’s Notice of Motion with respect to this matter.

Vice-Chair Mihevc moved that the Commission approve the minutes from meeting no. 1894 and that the Chair and General Secretary be authorized to sign the same.

The motion by Vice-Chair Mihevc carried.

a) Committee of the Whole – Wednesday, April 23, 2008

Vice-Chair Mihevc moved that the Commission approve a resolution to meet as the Committee of the Whole at 9:00 a.m. or later on Wednesday, April 23, 2008 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.

a) Item B – Light Rail Vehicle Procurement - Canadian
Content – Assessment of Canadian Auto Worker (CAW) Paper

John Cartwright
President
Toronto & York Region Labour Council

The Commission received the deputation.

(see item b for minute)

b) Report No. 8b) – Design Approach - Station
Modernization and Station Renaissance Programs

David Fisher

Councillor Paula Fletcher
City of Toronto
(Submitted communication)

The following individuals were listed to speak, but were not present at the meeting:

Edward Keenan
City Editor
Eye Weekly

Jonathon Goldsbie

The Commission received the deputations.

(see report 8b) for minute)

A) Inclusion of Brimley Road Station on Scarborough Rapid
Transit Line in Environmental Assessment and Capital Program

Moved by:
Commissioner De Baeremaeker

Seconded by:
Commissioner Milczyn

Whereas:
The Scarborough Centre Secondary Plan (and the former Scarborough Official Plan) anticipates growth of approximately 40,000 residents and 23,000 jobs in the Brimley Road and Scarborough Centre area, and

Whereas:
The Scarborough Town Centre Station currently has over 12,200 daily passengers, making it the busiest station on the SRT line, and

Whereas:
The TTC estimates the engineering and construction cost of the Brimley Road Station at $22 million (in 2002 $) and acknowledged that building of the Brimley Station is a long-term objective, and

Whereas:
The TTC, in August 2006, endorsed the conclusions of the Scarborough RT Strategic Plan which recommended upgrading the SRT to accommodate larger, new generation RT vehicles.  The estimated cost of line upgrade was put at $190M (2006$) and cost of new generation RT vehicles at $170M (2006$) and,

Whereas:
The TTC is conducting an environmental assessment study for the extension of the SRT from McCowan Station to the Sheppard/Markham area and possibly beyond to the Malvern Town Centre.

Therefore be it resolved: 

That the Toronto Transit Commission direct staff to include the construction of the Brimley road station on the Scarborough Rapid Transit line (SRT) in any upcoming environmental assessment study and in all capital budget planning initiatives related to the SRT line upgrade or extension.

After some discussion, Commissioner De Baeremaeker agreed to withdraw his motion.

Chair Giambrone moved that staff report back at the next meeting, in consultation with the Scarborough Commissioners, on the feasibility of constructing an SRT station at Brimley road.

The motion by Chair Giambrone carried.

B) Light Rail Vehicle Procurement – Canadian Content
Assessment of Canadian Auto Worker (CAW) Paper

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

Received

Commissioner De Baeremaeker moved that the TTC clarify its position that the 25% Canadian content applies to the first phase of the LRT purchase, and further that the Chair and Mayor be requested to urge the Government of Ontario to set a higher requirement for transit purchases in Ontario.

Commissioner De Baeremaeker called for a recorded vote:

Yes: - 9 
Chair Giambrone, Vice-Chair Mihevc, Commissioner De Baeremaeker, Commissioner Milczyn, Commissioner Thompson, Commissioner Bussin, Commissioner Hall, Commissioner Saundercook and Commissioner Perruzza

No: - 0

Carried unanimously.

Nil

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

a) Union Negotiations – Verbal Update

 The Commission:

1. Received the information as outlined in a confidential presentation by staff;

2. Approved that staff release the information embodied in the presentation following ratification of the agreement by all parties.

b) Traf-Park

The Commission approved:

1. The confidential instructions to staff in attachment 1; and

2. That the contents of confidential attachment 1 remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

c) Wheel-Trans Tax Appeal

The Commission approved:

1. The confidential instructions to staff in attachment 1, as amended; and

2. That the contents of confidential attachment 1 remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

2. Presentations

a) Nightly Early Closure of Portions of North
Yonge Subway to Accommodate Tunnel Liner Repairs

W. Bartram, General Superintendent, Track and Structure gave a PowerPoint presentation with respect to this matter.

The Commission also had before it a report entitled, “Nightly Early Closure of Portions of North Yonge Subway to Accommodate Tunnel Liner Repairs.”

The Commission received the presentation for information and approved the recommendation contained in the staff report, as listed below:

“It is recommended that the Commission approve the 12:30 a.m. shutdown of revenue service on portions of the north Yonge Subway, Sunday through Friday, for 25 months commencing June 2008 board period, to accommodate the rehabilitation of structural pre-cast concrete tunnel liners, as identified for repair by the third party consultant.”

b) Cleanliness Audit Update

G. Shortt, General Superintendent, Plant Maintenance gave an overhead slide presentation with respect to this matter.

The Commission also had before it a report entitled, “Cleanliness Audit Update.”

The Commission received the presentation and staff report for information.

3. Budget Matters

a) Chief General Manager’s Report 
Period 12 – December 2 to December 31, 2007

It is recommended that the Commission:

1. Approve the transfer of the $2.8 million and $1.3 million surpluses from the 2007 TTC and Wheel-Trans Operating Budgets, respectively, to the TTC Stabilization Reserve Fund for future use;

2. Approve the transfer of $3.5 million related to funds withheld for liquidated damages on a recent bus order to a City Capital Financing Reserve Fund, pending their settlement, for use in 2008; and

3. Forward a copy of this cover report to each City Councillor for information (noting that the detailed CGM’s Report is available on request from the Office of the General Secretary of the Commission).

Approved

b) 2009 Budget Schedule

It is recommended that the Commission:

1. Approve the proposed schedule for the 2009 budget process as outlined in this report, which will result in presentation to the Commission of the 2009-2013 Capital Program and Ten-Year Capital Forecast at its meeting of August 27, 2008 and the TTC and Wheel-Trans Operating Budgets at its meeting of September 18, 2008, and

2. Forward this report to the Deputy City Manager and Chief Financial Officer and to the Budget Committee of the City of Toronto for information.
Approved

4. Procurement Authorizations

a) Procurement Authorization – Supply of Kone Escalator Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of Kone escalator parts for the period of March 2008 to March 2011 to Kone Incorporated for an upset limit of $2,001,000 including applicable taxes.

Approved

b) Procurement Authorization – Supply of Cummins Engine Parts

It is recommended that the Commission authorize the award of three-year inventory supply contracts for the supply of Cummins engine parts for the period of March 2008 to March 2011 to the following companies:

• Cummins Eastern Canada for $728,000 including applicable taxes;
• New Flyer Industries Canada ULC for $585,000 including applicable taxes; and
• Baker Transit Parts for $39,000 including applicable taxes.

Approved

c) Procurement Authorization – Provision for Rail Grinding Services

It is recommended that the Commission authorize the award of a contract to Loram Rail Services LLC, in the upset limit amount of $2,000,000.00 US, for the supply of rail grinding services in the Subway/SRT System for a three year period commencing April 1, 2008.

Approved

d)Wheel-Trans Used ELF Bus Purchase

It is recommended that the Commission approve the purchase of two (2) 1993 used ELF Buses from Eastway Transit and Motor Coach (Eastway) at a total cost of $136,000.

Approved

e)Summary of Authorized Expenditures Between $200,000 to
$500,000 for the Period January 1, 2008 to January 31, 2008

It is recommended that the Commission receive this report for information. It lists expenditures ($200,000 up to $500,000) for the period January 1, 2008 to January 31, 2008, which were approved by the Chief General Manager.

Received

5. Procurement Authorization Amendments

a) Purchase Authorization Amendment – Data Entry Recruiting Services

It is recommended that the Commission approve the extension of the contract with Uptown Data Services for an additional two years to March 31, 2010, and increase the upset limit by $332,550.00 for a revised upset limit amount of $788,850.54.

Approved

6. Notice of Awards
NIL
7. Service Matters
NIL
8. Other Business

a) 2008 TTC Marketing Communications Plan

It is recommended that the Commission receive the 2008 TTC Marketing Communications Plan for information.

Received

b) Design Approach – Station Modernization and Station Renaissance Programs

It is recommended that the Commission:

1. Approve a design philosophy for rapid transit stations that permits unique station designs, incorporating required standard elements;

2. Approve proceeding with the Station Modernization and Station Renaissance Programs, using the approach of unique station designs, while preserving High Park, Keele, Coxwell and Woodbine Stations with the original design appearance; and

3. Approve forwarding this report to the Toronto Preservation Board for information.

Approved

Commissioner Bussin moved that staff be requested, as part of their future report concerning scheduling of the station modernization program, to consider potential art and other innovative heritage related strategies for those stations where the original design appearance will be preserved.

The motion by Commissioner Bussin carried.

On motion of Chair Giambrone, the Commission approved the re-opening of this item to hear a deputation from Councillor Paula Fletcher.

After hearing the deputation, Chair Giambrone moved:

1.That staff be requested to report back on the following matters:

a)The possibility of having solar panels included as part of the Pape Station Modernization Project; and

b)When the lease with Tim Horton’s will expire at Pape Station.

2.That the Chief General Manager be requested to provide Councillor Fletcher, in her capacity as chair of the city parks and environment committee, with a list of all TTC environmental initiatives associated with the station modernization program.

The motions by Chair Giambrone carried.  
 
c) Toronto-York Spadina Subway Extension Project Delivery Strategy Process

It is recommended that the Commission:

1. Approve the Project Delivery Strategy (PDS) process as outlined in this report noting that the PDS process was previously approved by the Toronto-York Spadina Subway Extension Executive Task Force at its meeting of February 19, 2008, and further noting that staff will report back on the findings and conclusions of the PDS process with recommendations for the Commission to consider.

2. Forward this report to the Toronto-York Spadina Subway Extension Executive Task Force and the Move Ontario Trust for information.

Approved

d) Victoria Park Station Bus Terminal Replacement Finishes & Artwork

It is recommended that the Commission approve the finishes and artwork for Victoria Park Station, which were presented through a public consultation process as shown in Exhibit 1.

Approved

e) Oleoresin Capsicum Spray 2007 Year End Report

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

Received

f) 2007 TTC Special Constable Annual Report to the
Toronto Transit Commission and the Toronto Police Services Board

It is recommended that the Commission:

1. Receive the attached report for information noting that this Toronto Police Service mandated report is not a replacement, but an addition to the annual TTC Security Statistical Report; and

2. Forward the attached report to the Toronto Police Services Board in accordance with Section 54 of the Special Constable Agreement between the Toronto Police Services Board and the Toronto Transit Commission.
         Approved

g) Privacy Commissioner’s Report on TTC’s Use of Video Surveillance

It is recommended that the Commission:

1. Adopt and implement all thirteen (13) of the Ontario Privacy Commissioner’s recommendations as set out in a report entitled, “Privacy and Video Surveillance in Mass Transit Systems: A Special Investigation Report”, (which recommendations are set out in the Discussion section of this report), dated March 3, 2008;

2. Approve the unbudgeted amount of $150,000 required to implement the 13 recommendations, including conducting an independent third-party audit and providing 24 hour, 7 days per week capability to retrieve data within the recommended reduced retention period; and

3. Forward a copy of this report to City Clerk, City of Toronto, requesting an amendment to the City of Toronto Municipal Code, Chapter 219, Schedule D relating to the retention period for TTC records as follows:

a) Retention period for information collected by the Surface Vehicle Safety Camera System (the “SVSCS”) be 15 hours of vehicle operating time, unless the images have been used by the TTC;

b) Retention period for information collected from Video Cameras located within TTC subway stations or subway cars (the “Subway Video System”) be 72 hours, unless the images have been used by the TTC; and

c) Retention period for information collected by the SVSCS or the Subway Video System which have been used by the TTC be a minimum of one (1) year.

Approved

9. New Business

a) Demand Management Strategy

The Commission had before it a communication dated February 21, 2008 from Chair Giambrone entitled, “Demand Management Strategy.”

Chair Giambrone moved that his communication be referred to staff for consideration as part of the communication plan process.

The motion by Chair Giambrone carried.

10. Correspondence

C-1 Councillor Adrian Heaps, City of Toronto, dated March 18, 2008 requesting that a member of TTC staff be appointed to act as a designated contact for City Cycling staff to facilitate a clean line of communication between cycling initiatives in transportation and the TTC.

The Commission referred Councillor Heap’s letter to the Chief General Manager for attention and reply.

C-2 Eric Logan, dated March 23, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-3 Jack Phelan, dated March 23, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-4 Caroline Robbie, Quadrangle Architects Limited, dated March 24, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-5 Gabriel Lerman, dated March 24, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-6 Joe Clark, dated March 27, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-7 Jay Goldman, dated March 25, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information. 
 
C-8 Josh Anderchek, dated March 25, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-9 Lance Gleich, dated March 24, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-10 Eric Smith, dated March 25, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

C-11 Jason Mills, dated March 24, 2008 forwarding comments with respect to Item No. 8b) entitled, “Design Approach – Station Modernization and Station Renaissance Programs.”

The Commission received the communication for information.

11. Capital Funding Status Update

It is recommended that the Commission:

1. Receive this funding update for information, noting the current status and activities of government funding programs as outlined in this report and in Attachment B;

2. Note that a Contribution Agreement with the City of Toronto and the Government of Canada for capital funding commitments under the Canada Strategic Infrastructure Fund (CSIF) as announced in March 2004 was executed on March 18, 2008;

3. Note that an Amended Contribution Agreement with the City of Toronto and the Government of Canada for capital funding commitments under Rounds 1 and 3 of the Transit-Secure Passenger Rail Safety Program (TS) as announced in November 2006 and September 2007 respectively has now been executed (as authorized by the Commission on December 13, 2006) and payment is expected to be released in March 2008;

4. Authorize TTC staff to execute an Amended Contribution Agreement with the City of Toronto and the Government of Canada for Round 4 transit related security projects as announced on January 21, 2008 under the Transit-Secure (TS) Passenger Rail Safety Program in a form acceptable to the TTC’s Chief General Manager, General Secretary and General Counsel;

5. Authorize TTC staff to execute a Contribution Agreement with the Province of Ontario and/or Metrolinx and/or the City of Toronto for Quick Wins projects as approved by the Metrolinx Board on November 26, 2007, (pending funding approval by the Province of Ontario) in a form acceptable to the TTC’s Chief General Manager, General Secretary and General Counsel;

6. Authorize TTC staff to execute a Contribution Agreement with the Government of Canada, York Region and the City of Toronto for Federal funding of the Toronto-York Spadina Subway Extension project under the Building Canada Fund program in a form acceptable to the TTC’s Chief General Manager, General Secretary and General Counsel;

7. Authorize TTC staff to execute other agreements with orders of government as required to establish and secure funding support for the TTC’s 2008-2012 Capital Program as approved by the City of Toronto Council on December 11, 2007 in a form acceptable to the TTC’s Chief General Manager, General Secretary and General Counsel; and

8. Forward this report to the Deputy City Manager and Chief Financial Officer and to the Budget Committee for confirmation of the status of capital funding programs and related agreements.

Approved

12. Installation of Green/Cool Roofs on TTC Facilities

It is recommended that the Commission approve staff:

a) Proceeding with the current roofing program as previously approved by the Commission which includes the installation of a green roof at Victoria Park Station, cool roofs at Wilson Carhouse, Pape Station, Islington Station and Kipling Station and the replacement in kind of existing roofs where the design is undertaken in 2008;

b) Incorporating installation of green/cool roofs in designs starting in 2009 as part of the proposed TTC 2009-2013 Capital Program in accordance with the Toronto City Council motion adopted on March 3, 2008; and

c) Forwarding this report to the City Budget Committee for information.

Approved

Commissioner De Baeremaeker moved that the Commission approve the installation of a green roof on the Eglinton west subway station platform with a schedule delay of up to four months and that staff take the necessary action to accommodate this within the capital program.

The motion by Commissioner De Baeremaeker carried.

The meeting adjourned at 4:00 p.m.

Commissioners approved a report recommending the early closure of the northerly portion of the Yonge Subway starting in June.

The subway will close 90 minutes earlier (at 12:30 a.m.), six days a week, from Lawrence to Finch Stations from June 2008 to February 2009, and from Davisville to Sheppard/Yonge Stations from March 2009 to July 2010. Frequent shuttle buses will run in place of subway trains.  

The early shutdown of the North Yonge line will enable maintenance crews to complete extensive state of good repair work in the tunnels by July 2010.

Commissioners approved a design philosophy for subway stations that permits artistic variations for each station while maintaining design consistencies for essential features. Commissioners also approved new finishes and artwork for the bus terminal replacement at Victoria Park Station.

Commissioners adopted 13 recommendations made by the Ontario Privacy Commissioner pertaining to the use of video surveillance cameras in TTC vehicles and subway stations. The recommendations were adopted to strike a balance between the individual’s right to privacy and the TTC’s objective to ensure the safety and security of its customers and employees.

Commissioners received an update on the TTC’s plan to improve cleanliness and station appearance in the subway system.

Independent quarterly audits on the cleanliness of the subway system will begin next month. The audits will examine the appearance of features ranging from wall tiles to ceiling slats to paint and public washrooms.