Board Meeting - April 27, 2009

• Meeting No. 1907 - April 3, 2009

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)

NIL

2. Presentations
• Youth X Press Art Project (For Information)
• Award of Merit Presentation – Operators Joe Coelho and Jordan Bassett, Customer Charlene Flory (For Information)
• Electrical Safety Authority Presentation Employee Recognition (For Information)
• Work Safe - Home Safe (For Information)
3. Budget matters
4. Procurement Authorizations
• Procurement Authorization for the Design and Supply of Low Floor Light Rail Vehicles (FOR ACTION) (Presentation Available)
• Purchase Authorization - Lease of Retail Space in Various Subway
• Procurement Authorization – Design & Supply Radio Based Automatic Train Control for YUS Subway (For Action)
• Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period February 1, 2009 to February 28, 2009 (For Information)
5. Procurement Authorization Amendments

NIL

6. Notice of Awards

NIL

7. Service Matters
• Community Concerns About Buses on St. Albans Road (For Information)
8. Other Business
• TTC Procedural By-Law No. 2 – Sale or Other Disposition of Land (For Action)
• TTC Corporate Policy Review – Safety 10.14.3 (For Action)
• TTC Corporate Policy - Entrance Connection - 12.3.0 (For Action)
• Oleoresin Capsicum Spray 2008 Year End Report (For Information)
• Update #1 - Lytton Subway Work Car Fatality of April 23, 2007 (For Information)
9. New Business
10. Correspondence

A correspondence summary will be distributed at the meeting.

11. Acquisition of Transit City Property (For Action)(This report is about a proposed or pending land acquisition by the Commission)  
12. Procurement Authorization - Acquisition of a Xerox High Speed Colour Copier (For Action)  
13. York University Busway Service Changes (For Action)  
14. Build Toronto - Transit Properties (For Action)  

A. Giambrone (Chair), J. Mihevc (Vice-Chair), B. Saundercook, S. Hall, P. Milczyn, S. Bussin, M. Augimeri, R. Moeser  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), M. Roche (Chief Financial Officer), M. Stambler (Manager – Service Planning), A. Smith (Chief Marketing Officer), S. Ghaly (Program Manager – Transit City), B. Ross (Director – Corporate Communications), S. MacDonald (Manager – Materials and Procurement), S. Blakey (Executive Director – Human Resources), K. Lee (Assistant General Secretary) and F. Stanois (Coordinator – Secretariat Services) were  present.

A. Giambrone was in the Chair.

J. Lee (Chief – Project Procurement) and S. Lam (Superintendent – LRV Engineering) were present for Item No. 4(a).

Prior to commencing with the agenda, the Commission undertook the following business:

1. Chair Giambrone introduced Subway Line Mechanic Rick Ball who ran in the 113th Boston Marathon on Monday April 20th.  Rick finished with a time of three hours, one minute and 50 seconds.  Out of a field of 26,000 runners, Rick finished in position 1,516 and broke the world record for single-leg amputees.  Rick has since been contacted by Athletics Canada and his long-term goal is to qualify for the 2012 Paralympics on Team Canada. 

On behalf of the Commission, Chair Giambrone congratulated Rick on his remarkable and inspiring accomplishment and wished him continued success in his upcoming events.

Commissioner Moeser Moved That The Commission Approve The Minutes From Meeting No. 1907 And That The Chair And General Secretary Be Authorized To Sign The Same.

The Motion By Commissioner Moeser Carried.

a) Committee of the Whole – Thursday May 28, 2009

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 Thursday May 28, 2009 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) Report No. 4(a) – Procurement Authorization for the Design & Supply of Low Floor Light Rail 
Vehicles

Olivia Chow
Member of Parliament, Trinity-Spadina

Ken Lewenza
National President – Canadian Auto Workers

Paul Pugh
Local 1075, Canadian Auto Workers

Garnett Martin
Vice-Chair – Advisory Committee on Accessible Transportation (ACAT)

John Cartwright
President – Toronto and York Region Labour Council

The Commission Received The Deputations.

(See Item No. 4(A) For Minute)

NIL

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

NIL

2. Presentations

a) Youth X Press Art Project

A. Smith, Chief Marketing Officer gave a PowerPoint presentation with respect to the above matter.

The commission received the presentation for information.

b) Award of Merit Presentation – Operators Joe Coelho and Jordan Bassett, Customer Charlene Flory

On January 20, 2009, at 6:05 p.m., a Passenger Assistance Alarm was activated on an eastbound train at Pape station.  Off duty subway Operator Joe Coelho and train guard Jordan Bassett responded and found a female passenger on the floor of the train suffering from an apparent heart attack.  Operator Jordan Bassett immediately cleared people away from the scene and Operator Joe Coelho checked the woman for vital signs.  Operator Coelho was unable to find a pulse, so he immediately began CPR.  With the assistance of customer Charlene Flory, they continued CPR until the arrival of EMS who took over CPR and were able to revive the customer.  Their efforts were successful in stabilizing the woman who was then transported to hospital.

On Behalf Of The Commission, Chair Giambrone Presented An Award Of Merit To Operator Jordan Bassett And Customer Charlene Flory In Recognition Of Their Actions On January 20, 2009.  Operator Joe Coelho Was Not Present.

c) Electrical Safety Authority Presentation Employee Recognition

The ESA has a Continuous Safety Services (CSS) contract with the Toronto Transit Commission’s Rail Operations Signals/Electrical/Communication Department.  ESA contacted TTC for information on an incident where live electrical lines contacted by a third party came to rest on an in-service TTC bus.  The incident occurred on January 5, 2009 at Eglinton and Bathurst.  It was determined that the actions of the Operator and Supervisor in attendance prevented some very potentially serious consequences from occurring.  The employees took the proper steps to ensure their own safety as well as the passengers who were involved. 

Chair Giambrone Was Joined By Ontario Electrical Safety Authority Representatives Judy Smith And J.R. (ROY) Elwood In Recognizing Operator Evelyn Fuller And Route Supervisor Mike Grieco For Their Safe And Effective Handling Of This Dangerous Situation.

d) Work Safe – Home Safe

R. Cornacchia, General Manager – Operations gave a PowerPoint presentation with respect to this matter.

The Commission Received The Presentation For Information.

3. Budget Matters

NIL

4. Procurement Authorizations

a) Procurement Authorization for the Design and Supply of Low Floor Light Rail Vehicles

J. Lee (Chief – Project Procurement) gave a PowerPoint presentation with respect to this matter.

Commissioner Augimeri Moved Adoption Of The Recommendation Contained In The Report, As Listed Below;

It Is Recommended That The Commission Authorize:

1. The award of a contract to bombardier transportation canada inc. In the amount of $993,008,166 ($CDN), Inclusive Of All Applicable Taxes And Subject To Adjustment For Foreign Currency Exchange Rate Variance And Escalation, For The Design And Supply Of 204 Low Floor Light Rail Vehicles.

2. The Expenditure Of Funds Up To A Total Allowance Amount Of $293,100,000 ($Cdn), Inclusive Of All Applicable Taxes, With Respect To The 204 Low Floor Light Rail Vehicles, For The Following:

(a) Escalation Adjustment

(b) Foreign Currency Exchange Rate Variance Adjustment

(c) Spare Parts

(d) Specified Options

(e) Potential Contract Changes

For A Total Authorized Expenditure Of Up To $1,286,108,166 ($Cdn) Inclusive Of All Applicable Taxes, Related To Recommendations 1 And 2 Above.

3. That The Authorizations And Award Of A Contract, As Set Out In Recommendations 1 And 2 Above, Be Subject To The Receipt Of Funding Commitments.

Vice-Chair Mihevc Further Moved:

a) That The Commission Express Its Heartfelt Gratitude To Ttc Staff For Running A Clean And Professional Process;

b) Request Staff To Forward The Reports To Mississauga, Kitchener-Waterloo And Ottawa Transit Authorities For Their Information And Appropriate Action; And
           
c) Refer The Acat Submission To Staff For Consideration In The Roll-Out Of The Vehicles And The Hard Infrastructure At Streetcar Stops. 

Commissioner saundercook further moved:

a) That The Chief General Manager Report On The Method And/Or Strategy Of Increasing The Canadian Content For All Future Procurements; And

b) That The Chief General Manager Report On A Disposal Strategy For All Surplus Clrv And Alrv Streetcars Aswell As A Strategy For Retention Of Appropriate Stock For Heritage Purposes.

Commissioner bussin further moved:

That The Chief General Manager Report To The Commission Throughout The Life Of The Contract On Efforts And Outcomes To Achieve Higher Than The 25% Canadian Content For The Purchase Of Spare Parts, Specified Options And Any Other Potential Contract Changes As Itemized In Recommendation No. 2 Of The Report.

Vice-Chair Mihevc Moved That A Recorded Vote Be Taken On The Foregoing Motions.

In Favour: Chair Giambrone, Vice-Chair Mihevc, Commissioner Moeser, Commissioner Milczyn, Commissioner Augimeri, Commissioner Bussin, Commissioner Saundercook, Commissioner Hall, Commissioner Peruzza.

The Motions By Commissioner Augimeri, Vice-Chair Mihevc, Commissioner Saundercook And Commissioner Bussin Carried Unanimously.

b) Purchase Authorization – Lease of Retail Space in Various Subway Stations

It is recommended that the Commission approve the execution of the following lease agreements:

1. Transit Café Inc. for the lease of space for a bakery at Bathurst (B location) Station and at Warden Station for five year terms.  The proposed lease agreements will provide a guaranteed rental amount of $850,000, (plus GST) for the entire lease term and capital improvements in the range of $175,000 to $200,000 for both locations.
2. Fit for Life for the lease of space for a café at Bathurst (A location) Station and a café at Dundas Station for five year terms.  The proposed lease agreements will provide a guaranteed rental amount of $464,935 (plus GST) for the entire lease term and capital improvements in the range of $600.000 for both locations.
3. The Daily Perk Coffee Company Ltd., for the lease of space for a bakery/café at Spadina Subway Station for a ten year term, plus an option for an additional five years.  The proposed lease agreement will provide a guaranteed rental amount of $1,260,000 (plus GST) for the ten year lease term and capital improvements of $135,500.
4. Tarts, Treats & Coffee for the lease of space for a coffee/donut shop at Kipling Subway Station for a ten year term, plus an option for an additional five years.  The proposed lease agreement will provide a guaranteed rental amount of $630,000 (plus GST) for the ten year lease term and capital improvements in the range of $350,000 to $400,000.
Approved

c) Procurement Authorization - Design & Supply Radio Based Automatic Train Control for YUS Subway
 
Commissioner Saundercook Moved To Defer Consideration Of This Matter And That Authorization Be Delegated To The Chair, Vice-Chair And Chief General Manager To Award The Contract For The Design & Supply Of Radio Based Automatic Train Control For Yus Subway After The Wednesday, April 29, 2009 Injunction Hearing And On, Or Before, The Tender Validity Date Of Monday, May 4, 2009, Subject To The Court Ruling; And If Requested By A Majority Of Commissioners, A Public Meeting Be Called To Award The Contract, If Necessary.

The Motion By Commissioner Saundercook Carried.

d) Summary of Authorized Expenditures Between $1,000.000 up to $5,000,000 for the Period February 1, 2009 to February 28, 2009

It is recommended that the Commission receive this report for information.  It lists a Sole Source Expenditure greater than $60,000 for the period February 1, 2009 to February 28, 2009 which was approved by the Chief General Manager.  

Received

5. Procurement Authorization Amendments

NIL

6. Notice of Awards

NIL

7. Service Matters

a) Community Concerns about Buses on St. Albans Road

It is recommended that the Commission receive this report for information, noting that:

1) TTC staff have undertaken several measures, including increased supervision, monitoring and counselling of Operators on bus routes at Kipling Station, and will continue to do so to reduce the incidence of buses laying over on St. Albans Road in front of the adjacent condominiums, and to ensure compliance with the City’s Three Minute Idling By-law;

2) Condominium residents have reported that these efforts have been very successful to      date in reducing the impacts of bus operations; and

3) The Kipling Station East Entrance (Project F7 - 25) will include enough permanent layover space inside the station thus negating the need for buses to park on St. Albans Road.  In order to address additional temporary capacity constraints during the construction, TTC  staff are making arrangements to establish a temporary bus layover area on the Westwood Theatre lands.

Received

8. Other Business

a) TTC Procedural By-Law No. 2 – Sale or Disposition of Land
 
It is recommended that:

1. The Commission repeal the existing By-Law No. 2 and adopt By-Law No. 2, as set out in Attachment 2 to this report; and
 
2. The appropriate Commission staff and officials be authorized and directed to take the necessary action to give effect to the new By-law No. 2.

Approved
            
b) TTC Corporate Policy Review – Safety 10.14.3

It is recommended that the Commission receive for approval, Corporate Policy 10.14.3, Safety.

Chair Giambrone Moved That The Wording In Policy Section 4.1.1 Be Revised To Read;

“Striving To Create An Injury-Free Workplace By Reducing At Risk Behaviours Through Encouraging Employee Participation In Health And Safety Programs At The TTC”

The Motion By Chair Giambrone Carried

Chair Giambrone Moved Adoption Of The Report, As Amended.

The Motion By Chair Giambrone Carried.
           
c) TTC Corporate Policy – Entrance Connection – 12.3.0

It is recommended that:

1. The Commission adopt the changes to the existing “Policy on Entrance Connections” as set out in Attachment 1 to this report; and

2. The appropriate Commission staff and officials be authorized and directed to take the necessary action to give effect to the amendments to the “Policy on Entrance Connections”.

Approved

d) Oleoresin Capsicum Spray 2008 Year End Report

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

Received

e) Update #1 – Lytton Subway Work Car Fatality of April 23, 2007

It is recommended that the Commission receive for information the updated Management Corrective Action Plan Checklist relating to the Lytton Subway Work Car Fatality of April 23, 2007 which provides a status report on the progress toward closing the TTC investigation recommendations.

Received

9. New Business

NIL

10. Correspondence

C-1 Deborah Etsten, Executive Director, Beach BIA regarding proposed extension of rush hour parking along Queen Street.

The Commission Received The Communication And Referred The Matter To Staff For Appropriate Action, Including Consideration To Invite Ms. Etsten To The May 28, 2009 Commission Meeting.

11. Report With Confidential Attachment (Committee Of The Whole)

a) Acquisition of Transit City Property

It is recommended that:

1) The Commission approve the recommendations, as set out in Confidential Attachment 1 and; 
  
2) The Commission authorize the public release of the confidential information recommendations in Confidential Attachment 1, upon the TTC acquiring the specific lands identified in Confidential Attachment 1.

Approved 

12. Procurement Authorization – Acquisition of a Xerox High Speed Colour Copier 

It is recommended that the Commission authorize the issuance of a purchase order to Xerox Canada Ltd. (Xerox) in the upset limit amount of $741,143.27 (including taxes) for the acquisition of a Xerox high speed colour copier (demonstrator model) including five year maintenance, commencing upon delivery of the copier. 

Approved

13. York University Busway Service Changes

It is recommended that the Commission:

1. Approve changes to the routing of the following TTC bus routes, as described in this report and illustrated in the attached drawings, to coincide with the opening of the York University Busway.  These changes would come into effect beginning on Sunday September 6, 2009, or sooner, if the Busway is completed earlier:

• 196 YORK UNIVERSITY ROCKET route to operate on the bus-only lanes along Allen Road and Dufferin Street, and the Busway along the hydro corridor and on university lands;

• 117 ALNESS route to operate on the bus-only lanes along Allen Road and Dufferin Street, and part of the Busway along the hydro corridor;

• 105 DUFFERIN NORTH route to operate on the bus-only lanes along Allen Road and Dufferin Street; and

• 104 FAYWOOD route to be extended to operate to Downsview Station via Wilson Heights Boulevard in both directions.

2. Note that, in the event that portions of the Busway are complete and available for use before the entire project is completed, TTC routes will be changed to make use of the Busway on an interim basis; and

3. Forward this report to Councillors Perruzza, Feldman, and Augimeri, York University, York Region Transit, Brampton Transit, GO Transit, and Metrolinx, for information.

Approved

14. Build Toronto – Transit Properties

It is recommended that the Commission:

1. Declare properties listed in Attachment 2 as conditionally surplus and approve the transfer or turnover of these properties to the City of Toronto subject to: 
    
(a) The negotiation of transfer or turnover agreements on a property by property basis to the satisfaction of the Toronto Transit Commission’s General Counsel to ensure the retention of those areas and interests required to satisfy the Toronto Transit Commission’s ongoing operational requirements, financial and legal interests;

(b) For properties held on title by the Toronto Transit Commission, preparation of documents and approvals as required by the Toronto Transit Commission’s By-law No. 2; and

(c) Toronto Transit Commission continuing to operate its commuter parking lots until such time as the City of Toronto or Build Toronto provide the Toronto Transit Commission with reasonable notice to vacate.

2. Authorize staff to take the necessary action to bring into effect the recommendations set out above.

Approved   

The meeting adjourned at 4:15 p.m. 

Commissioners unanimously approved a report recommending Bombardier Transportation Canada Inc. build 204 fully accessible Light Rail Vehicles (LRVs) to replace the TTC’s aging fleet of streetcars and to provide for ridership growth and congestion relief efforts. A contract award to Bombardier Transportation Canada Inc. is contingent upon funding. The contract stipulates a minimum 25-per-cent Canadian content requirement.

Assuming a contract award in May 2009, the delivery of the new LRVs would begin in mid-2011 and be complete by 2018. The new vehicles will be approximately 28.2 metres long, compared with 15.4 metres for a CLRV.  It has four doors, 62 fixed seats and six flip-down seats at the two wheelchair locations.  It is a 100-per-cent, low-floor vehicle that has many user-friendly features. It will be air-conditioned and equipped with interior bike racks.

Commissioners received for information a status report on the 2007 Lytton subway workcar fatality. Twenty four of the 30 recommendations on the Management Corrective Action Plan Checklist have been resolved. The remaining six items are scheduled to be completed by the end of 2010. On April 23, 2007, Workcar Operator Antonio Almeida lost his life on the job in a tragic industrial accident in a subway tunnel.

The Commission considered and subsequently approved the award of a contract worth $57.5 million for the design and supply of a radio-based Automatic Train Control (ATC) system. The re-signalling of the Yonge-University-Spadina line with state-of-the-art equipment will improve safety, capacity, operating efficiencies and cost effectiveness over the entire 32-station line. By replacing the aging, fixed-block signal system with ATC technology, the TTC can schedule more trains on the line to travel closer together and therefore carry more riders.

Commissioners received an update on the Youth X Press Project sponsored by Arts for Children of Toronto. Original art murals created by youth in priority neighbourhoods are on display on the sides of buses in the Victoria Village/Warden Woods and Jamestown communities. The Arts for Children of Toronto is a registered charity that brings children and youth together with art.

Commissioners approved two reports dealing with the acquisition and transfer of property. One report approved the start of property acquisition for Transit City maintenance and repair facilities. A second report approved the start of a process to transfer 11 TTC surplus properties to Build Toronto.