Board Meeting - May 21, 2008

• Meeting No. 1896 – April 23, 2008 
  

• Wednesday, June 18, 2008

Presentations will be heard at 2:00 p.m. Requests to speak must be registered in writing by 12:00 Noon of day preceding meeting day.

1. Reports with Confidential Attachments (Committee of the Whole)
   • Pan v. Kotis and Toronto Transit Commission (FOR ACTION) (Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board)
   • Trans I.D. v. TTC – Litigation Matter ( FOR ACTION) (The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose)
   • Status Update - Property Tax Exemption (FOR ACTION) (Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board)
   • Consolidated Financial Statements of the Toronto Transit Commission for theYear Ended December 31, 2007 (Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board) (A proposed or pending acquisition or disposition of land for municipal or local board purposes) (Labour relations or employee negotiations)
2. Presentations

   NIL

3. Budget Matters

NIL

4. Procurement Authorizations
   • Procurement Authorization – Supply of Workstations (FOR ACTION)
   • Procurement Authorization - McBrien Building – 6th Floor Interior Renovations – Contract S5-52 (FOR ACTION)
   • Procurement Authorization - Supply of Radiator Parts (FOR ACTION)
   • Procurement Authorization - Purchase of Dellner Parts (FOR ACTION)
   • Procurement Authorization – Patten Building – Access Control Centre Modifications – Contract M1-59 (FOR ACTION)
   • Procurement Authorization – Supply of Overhead Trucks (FOR ACTION)
   • Procurement Authorization – Supply of Signal Cables (FOR ACTION)
   • Extension of the Sedan-Based Taxi Contracts: Wheel-Trans Operations (FOR ACTION)
   • Summary of Authorized Expenditures between $200,000 to $500,000 for the Period March 1, 2008 to March 31, 2008 (FOR INFORMATION)
5. Procurement Authorization Amendments
• Purchase Authorization Amendment – St. Clair Avenue West Engineering/Urban Design (FOR ACTION)
6. Notice of Awards

NIL

7. Service Matters
• 75 Sherbourne Summer Service to Queens Quay East: Post-implementation Review (FOR ACTION)
• TTC 2007 Year-End Accessibility Plan Update (FOR ACTION) – Report to Follow
8. Other Business
   • Waterfront West Streetcars Extension – CNE to Dufferin – EA Modification (FOR ACTION)
   • Station Modernization Program – Pape Station – Approval of Finishes and Artwork (FOR ACTION)
   • Islington Station Improvements Project – Finishes (FOR ACTION)
   • Subway Entrance Identification (FOR ACTION)
   • Construction of a New Fence at the Eglinton West (East) Commuter Parking Lot (FOR ACTION)
   • Audit Results (FOR ACTION)
   • Property and Catastrophe Liability Insurance Renewal - June 1, 2008 (FOR ACTION)
   • TTC Pension Fund Society Annual Report and Audited Financial Statements for the Fiscal Period Ended December 31, 2007 and Bylaw Amendments for Approval (FOR ACTION)
9. New Business

NIL

10. Correspondence

NIL

A correspondence summary will be distributed at the meeting.

11. Litigation Claims – Resources (CONFIDENTIAL ATTACHMENT) (FOR ACTION) (The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose)
12. Alstom/Transdyn Claim – Design, Supply and Install SCADA System (CONFIDENTIAL ATTACHEMENT) (FOR ACTION) (The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose)
13. Chief General Manager’s Report - Periods 1, 2 & 3 (January 1 to April 5, 2008) (FOR ACTION)
14. Project Status Update – Streetcar Maintenance and Repair Facilities Master Plan (FOR ACTION) (Presentation Available)

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), S. MacDonald (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.

S. Ghaly, Chief Project Manager, Construction was present for Item No. 14.

Vice-Chair Mihevc moved that the Commission approve the minutes from meeting no. 1896 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, June 18, 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, June 18, 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) Request for Community Bus Service in the Weston/Mount Dennis Community

Maggie Knap
Executive Director, York West Seniors

Margaret Toddman
York West Seniors

The Commission waived section 13a of the procedural by-law in order to permit Councillor Nunziata to make a deputation as she had not met the registration deadline of 12:00 noon the day prior to the meeting.

Councillor Frances Nunziata
City of Toronto

The Commission received the deputations.

Chair Giambrone moved that the request for a community bus by the deputants be referred to the impending service review in preparation for the 2009 budget process.

The motion by Chair Giambrone carried.

b) Report No. 8a) – Waterfront West Streetcar

Extension – CNE to Dufferin – EA Modification

Hamish Wilson
(Submitted brief)

David Fisher

The commission received the deputations.

(see report 8a for minute)

Nil

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

a) Pan et al. v. Kotis and Toronto Transit Commission

The Commission:

1. Approved the confidential recommendation as set out in attachment 1; and
2. Authorized that the contents of confidential attachment 1 remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

b) Trans I.D. v. TTC – Litigation Matter

The Commission:

1. Received the confidential information as set out in attachment 1; and
2. Authorized the public release of the confidential information in attachment 1, upon the full and final settlement of the outstanding litigation matter as determined by the TTC general counsel.

c) Status Update – Property Tax Exemption

The Commission:

1. received the confidential information as set out in attachment 1;
2. authorized the public release of the confidential information following the outcome of any settlement or litigation; and
3. Approved that a copy of this report along with its confidential attachment be forwarded to the deputy city manager and chief financial officer of the city of Toronto for information.

d) Consolidated Financial Statements of the Toronto
Transit Commission for the Year Ended December 31, 2007

The Commission:

1. Authorized the public release of the confidential information in attachment 1 for the first and third item, after each matter is settled to the satisfaction of the general counsel; and, for the second item, once the valuation is considered out of date or the property is sold, whichever event occurs first.
2. Approved the attached consolidated financial statements of the Toronto transit Commission for the year ended December 31, 2007; and
3. Approved forwarding of a copy of the approved consolidated financial statements to the audit committee of the city of Toronto for information.

2. Presentations
NIL
3. Budget Matters
NIL
4. Procurement Authorizations

a) Procurement Authorization – Supply of Workstations

It is recommended that the Commission authorize the award of a contract for the supply and installation of workstations to Calstone Inc. in the total upset limit amount of $1,420,000 on a single source basis for a period of up to 5 years subject to annual reviews by staff to ensure they are the only acceptable source of supply for workstations.

Approved

b) Procurement Authorization – McBrien 
Building 6th Floor Interior Renovations Contract S5-62

It is recommended that the Commission authorize the award of a contract to Tapa Construction Inc. (Tapa) in the amount of $510,050.00 which includes the two specified options for Contract S5-52, McBrien Building 6th Floor Interior Renovations.

Approved

c) Procurement Authorization – Supply of Radiator Parts

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

Crosstown Radiator & Manufacturing for $509,000 including applicable taxes.

Cancore Industries Incorporated for $486,500 including applicable taxes.

Approved

d) Procurement Authorization – Purchase of Dellner Parts

It is recommended that the Commission authorize the awarding of a three-year inventory supply contract for Dellner parts to Dellner Couplers Incorporated for the period of May 2008 to April 2011 for an upset limit of $1,178,500 (USD), including applicable taxes.

Approved

e) Procurement Authorization – Patten Building
Access Control Centre Modifications Contract M1-59

It is recommended that the Commission authorize the award of the tender submitted by Alpeza General Contracting Inc. (Alpeza) in the amount of $822,348.00 for Contract M1-59, Patten Building – Access Control Centre Modifications.

Approved

f) Procurement Authorization – Supply of Overhead Trucks

It is recommended that the Commission approve the award of a contract to Allan Fyfe Equipment Limited (Allan Fyfe) in the amount of $720,546.32 for the supply of two overhead trucks.

Approved

g) Procurement Authorization – Supply of Signal Cables

It is recommended that the Commission authorize the award of a contract to Milrail Inc. in the amount of $532,446.26 for the supply of 15 types of cable for use in Wilson Yard and Signal Cable Replacement projects on the basis of the only commercially and technically compliant bid received.

Approved

h) Extension of the Sedan-Based Taxi Contracts: Wheel-Trans Operations

It is recommended that the Commission approve:
1. The extension to the current three (3) sedan-based taxi contracts: Beck Taxi Limited, Arrow Cab Limited, and East End Taxi, by approximately five (5) months from July 5, 2008 to November 29, 2008;
2. An increase of $3,600,000 to the overall contract upset limit for sedan-based taxi service from $35,294,200 to $38,894,200 (See Appendix A).

Approved

i) Summary of Authorized Expenditures between $200,000 to
$500,000 for the Period March 1, 2008 to March 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 March 1, 2008 to March 31, 2008, which were approved by the Chief General Manager.

Received

5. Procurement Authorization Amendments

Procurement Authorization Amendment –
St. Clair Avenue West Engineering/Urban Design

It is recommended that:

1. The Commission approve the issuance of a purchase authorization amendment, in the amount of $400,000.00, to MMM Group Limited, bringing the revised upset limit amount to $1,400,000.00 and extend the completion dated of the contract from December 31, 2008 to December 31, 2009, for urban design and engineering services related to the St. Clair Avenue West Transit Improvements Project.
2. This report be forwarded to the City of Toronto for information.

Approved

6. Notice of Awards
NIL
7. Service Matters

a) 75 Sherbourne Summer Service to
Queens Quay East: Post-Implementation Review

It is recommended that the Commission:

1. Approve the discontinuation of the trial summer extension of the 75 SHERBOURNE bus route to Queens Quay East, because of operational concerns; and
2. Forward this report to Councillor McConnell and Councillor Rae, the Royal Canadian Yacht Club, and Waterfront Toronto.

Approved

b) Accessible Transit Services Plan: 2007
Status Report and Options for Faster Progress

It is recommended that the Commission:

1. Receive this report, noting that:

• The report describes the status of the TTC’s current activities to improve the accessibility of its facilities and services. The report fulfils the provincially-legislated requirements for an annual documentation of the TTC’s accessibility plans and major initiatives;
• The new Accessibility for Ontarians with Disabilities Act, 2005 (AODA) requires that all transit services and facilities be accessible by 2025. The TTC’s current plans, as outlined in this report, will meet and exceed this goal;
• All the TTC’s accessible transit service plans and updates are available on the TTC’s web site, so the public can see the progress being made each year towards the TTC’s accessibility goals;
• The TTC’s first annual public meeting on accessible transit services was held on May 20, 2008 and, as soon as the input from that meeting has been compiled, it will be presented to the Commission;
• The rate at which the TTC can improve the accessibility of service depends on the funding provided.  There are two significant areas of opportunity where the TTC’s accessibility plans could be accelerated through increased, or accelerated, funding:

i) Acceleration of the construction of elevators at subway stations.  All stations could be equipped with elevators by end of 2017, subject to the availability of design resources and qualified contractors, by advancing the capital funding for the project by approximately $76 million between 2009 and 2016, which would result in an average increase in annual cash flow of approximately $9.5 million over this same time period;

ii) the percentage of Wheel-Trans registrants who are unable to get transportation when they request it – known as the “unaccommodated rate” – could be reduced from the current approximately 2% to about 1% with additional annual operating funding of approximately $0.5 million – which will grow over time – for the additional service required.  Increasing operating funding for Wheel-Trans might be more affordable to the City of Toronto if the operating subsidies were shared equally between the City and Metrolinx/Province of Ontario, similar to the funding arrangement which was in effect up to 1997;

• The existing fleet of CLRV’s and ALRV’s are not accessible, and these streetcars now constitute the single largest gap in the TTC’s overall system accessibility.  The cost of replacing these older, non-accessible streetcars with modern, accessible, low-floor light rail vehicles is estimated at $1.25 billion.  The TTC is waiting for approval of funding for this critical purchase and, when that happens, this major accessibility shortfall will be resolved.

2. Forward this report to the Chief Financial Officer of the City of Toronto, the Ontario Ministries of Community and Social Services, Transportation, and Public Infrastructure Renewal, the Ontario Human Rights Commission, and Metrolinx, in order to highlight that the TTC’s accessibility objectives could be achieved faster and sooner if Metrolinx and/or the Province of Ontario were to provide additional funding to allow this.

Approved

8. Other Business

a) Waterfront West Streetcars Extension CNE to Dufferin – EA Modification

It is recommended that the Commission:
1. Approve the Environmental Assessment (EA) Modification Report;

2. Forward this report to Toronto City Council for approval;

3. Upon approval by Toronto City Council, forward this report to the Ministry of the Environment for approval of the recommended modification to the original Waterfront West LRT EA.

Approved

b) Station Modernization Program Pape 
Station Approval of Finishes and Artwork

It is recommended that the Commission approve the finishes and artwork for the Station Modernization Program at Pape Station, which was presented through a public consultation process.

Approved

c) Islington Station Improvements Project - Finishes

It is recommended that the Commission approve:

1. The finishes for Islington Station Improvements Project, which were presented through a public consultation process as shown in Exhibit 1; and
2. Forwarding this report to the City Budget Committee for information.
 
Approved

d) Subway Entrance Identification

It is recommended that the Commission:

a) Receive the final Summary Report on the TTC charrette produced by the Design Exchange;
b) Approve the revised standard pylon sign concept based on the outcome of the charrette, for trial installation, evaluation purposes and soliciting customer feedback; and
c) Endorse the use of a red accent to direct passengers to station entrances.

Approved

e) Construction of a New Fence at the
Eglinton West (East) Commuter Parking Lot

Vice-Chair Mihevc moved that the report be noted and filed.

The motion by Vice-Chair Mihevc carried.

f) Audit Results – Year Ended December 31, 2007

It is recommended that the Commission receive the attached report from the auditors regarding the audit of the consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2007.

Received

g) Property and Catastrophe Liability Insurance Renewal – June 1, 2008

It is recommended that the Commission authorize:

1. The placement of its Property and Catastrophe Liability insurance policies through AON Reed Stenhouse Inc. (the Commission’s insurance broker), for one year from June 1, 2008, with the following provisions:

a) Property Insurance

• A per loss limit of $300,000,000.
• A deductible of $1,000,000 per occurrence.
• An annual premium of $2,052,000 (including 8% Provincial Sales Tax)

Noting that the above terms were obtained just prior to the April 19th, 2008 subway train collision in the Wilson Yard, and that the insurers, at the time of writing this report, are reserving the right to revise the above renewal quotes pending determination of the value of any claim arising from this incident.

b) Catastrophe Liability Insurance

• A liability limit of $100,000,000 ($95,000,000 in excess of a $5,000,000 retained limit); and
• An annual premium of $1,090,800 (including 8% Provincial Sales Tax).

2. That the Chair, Vice-Chair and Chief General Manager approve any deviation from the above terms before the current policies expire on May 31, 2008, noting that any revised terms will be brought to the June 18, 2008 meeting for information.

Approved

h) TTC Pension Fund Society Annual Report and Audited Financial Statements for 
The Fiscal Period Ended December 31, 2007 and Bylaw Amendments for Approval

It is recommended that the Commission:

a) Receive the Pension Fund Society’s Annual Report and audited financial statements for the fiscal period ended December 31, 2007 for information; and

b) Approve the Pension Fund Bylaw amendments contained therein.

Approved

9. New Business

The Commission approved adding the following matters of new business to the agenda.

a) Trolley Bus Use on Toronto’s Most Heavily Used Routes

Chair Giambrone submitted a communication dated May 14, 2008 requesting that staff investigate and report on the cost effectiveness, environmental benefits and operational impacts of re-establishing trolley buses on some of Toronto’s busiest (non Transit City) routes.

Chair Giambrone moved that his communication be referred to staff for report.

The motion by Chair Giambrone carried.

b) Special Caribana TTC Pass

Commissioner Thompson moved that staff be requested to report back to the June 2008 Commission meeting on establishing a special Caribana TTC pass for the Caribana cultural festival to be held during august 1-4, 2008; and further that such pass should be similar to those used for Luminato and Nuit Blanche.

The motion by Commissioner Thompson carried.

c) Update – 501 Queen Streetcar Service

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

Chair Giambrone moved that the presentation be received and referred to the June 2008 Commission meeting to permit public deputations and debate on this matter.

The motion by Chair Giambrone carried.

10. Correspondence

C-1 David Clusiau, Principal, Architectural Design, NORR Limited, dated March 28, 2008 advising that NORR had recently nominated the subway viaduct that crosses the Rosedale Valley Road between Sherbourne and Castle Frank Station for the Ontario Association of Architects; Landmark Award; and further that the project was one of the winners in the 2008 OAA Awards.

The Commission received the communication for information.

C-2 Rosalind Dyers, Secretary, Board of Management of Toronto Zoo, dated April 24, 2008 forwarding a recommendation from the Board of Management of the Toronto Zoo that the Toronto Transit Commission be formally requested to approve a Light Rail Transit stop at the Toronto Zoo.

The Commission referred the communication to staff for consideration within the environmental assessment process for light rail construction in Scarborough.

C-3 Matthew Snowball, dated May 21, 2008, forwarding a service improvement proposal for the Van Horne #10 bus route.

The Commission referred the communication to staff for consideration within the 2009 service improvement plan.

C-4 Philip Webb, Centre for Urban & Community Studies, University of Toronto, May 20, 2008 requesting that the Commission request staff to report on the possible re-introduction of trolley buses.

The Commission received the communication for information.

(also see item 9a) for minute)

C-5 Joe Clark, dated May 20, 2008 forwarding comments regarding the inaccuracies in the report from the Design Exchange entitled, “Summary Report of TTC Corporate Image Charrette.” (Report #8d)

The Commission received the communication for information.

C-6 Patricia Yee, dated May 20, 2008 requesting an opportunity to address the Commission at its meeting on June 18, 2008 regarding her research project concerning ITS Technologies and public transit systems.

The Commission referred the communication to staff with a request that Ms.Ye be invited to attend a future meeting of the TTC e-system committee to discuss her research project.

11. Litigation Claim - Resources  

The Commission:

1. received the confidential report for information noting that the litigation committee approved and recommended acceptance of the report at its meeting on may 14, 2008;
2. Authorized the contents of the confidential report remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

12. Alstom/Transdyn Claim – Design, Supply and Install Scada System

The Commission:

1. Approved the confidential instructions and recommendations in attachment 1; and
2. Authorized that the contents of confidential attachment 1 not be publicly released as they remain subject to solicitor-client privilege.

13. Chief General Manager’s Report
14. Periods 1, 2 and 3 – January 1 to April 5, 2008

It is recommended that the Commission forward a copy of this report to each City of Toronto Councillor for information noting that the detailed CGM’s Report is available upon request from the Office of the General Secretary of the Commission.

Approved

15. Project Status Update Streetcar

Maintenance and Repair Facilities Master Plan

S. Ghaly, Chief Project Manager, Construction gave an overhead slide presentation with respect to this matter.

Vice-Chair Mihevc moved that the Commission receive the presentation and approve the recommendation contained in the staff report, as listed below:

“it is recommended that the Commission approve this report in order to provide facilities to maintain and store the new replacement fleet lflrv’s (low floor light rail vehicles) and the transit city vehicles noting that staff, upon approval, will proceed with the following activities which will result in expenditures of approximately $700,000 in 2008:

1. Commence development of a ‘program of requirements’ that will define the functional and spatial needs for new maintenance and storage (m&s) facilities;
2. Prepare design concepts for each of the maintenance and storage facilities;
3. Continue with the property search and acquisition process for the new m&s facilities;
4. Once property has been identified, undertake a municipal class ea for transit for each of the m&s facilities, and;
5. Staff report back upon completion of the above for each m&s facility and to seek further approvals as necessary to support the schedule for replacement fleet delivery and the implementation of transit city; and
6. Forward this report to metrolinx and the province of Ontario for information, noting that the Commission will be coming forward with a request for transit city plan funding requirements after the announcement of the regional transportation plan.”

The motion by Vice-Chair Mihevc carried.

The meeting adjourned at 3:30 p.m.