Board Meeting - December 15, 2010

• Meeting No. 1925 - September 30, 2010

1. Reports with Confidential Attachments (Committee of the Whole)
   • Mount Dennis Bus Garage - TCE Contamination (FOR INFORMATION)(This report is about litigation or potential litigation that affects the Commission)
   • Revenue Operations - Lease of Space (FOR ACTION)(This report involves the security of property belonging to the Commission)
2. Presentations
• Interim Report - Transit Service to Variety Village (FOR INFORMATION)
• Appointment of Members to the Advisory Committee on Accessible Transportation (FOR ACTION)
3. Budget matters
• Chief General Manager’s Report – Period 8, 9 and 10 August 1 to October 30, 2010 (FOR ACTION)
4. Procurement Authorizations
• Procurement Authorization – Union Subway Station – Second Platform and Concourse Improvements – Contract U2-7 (FOR ACTION)
• Procurement Authorization - Low Floor Light Rail Vehicle Maintenance and Storage Facilities Fleet Replacement Ashbridges Bay Site Soil Removal and Capping Contract WM60-1(FOR ACTION)
• Procurement Authorization - Supply of Wabco Parts (FOR ACTION)
• Procurement Authorization - YUS Single Mode Fibre Optic Cable Supply (FOR ACTION)
• Summary of Authorized Expenditures between $1,000,000.00 to $5,000,000.00 for the period August 1, 2010 to October 31, 2010 (FOR INFORMATION)
5. Procurement Authorization Amendments

NIL

6. Notice of Awards
• Notice of Award - Procurement Authorization - Underground Storage Tanks Replacement - Malvern, Lakeshore and Arrow Road Garages - Contract G60-195 (FOR INFORMATION)
• Notice of Award - Procurement Authorization - Toronto-York Spadina Subway Extension - Sheppard West Station and the Southern Tunnels - Contract No. A35-25 - (FOR INFORMATION)
7. Service Matters

NIL

8. Other Business
• 2011 Commission Meeting Schedule (FOR ACTION)
• Post-Secondary Student Metropass Eligibility (FOR ACTION)
• Traction Power - New Overhead Facility Lease (FOR ACTION)
• 2008 APTA Rail Audit Updates (FOR ACTION)
• Proxy to Vote Toronto Transit Commission Shares in Toronto Coach Terminal Inc.
• Proxy to Vote Toronto Transit Commission Shares in Toronto Transit Consultants Limited
9. New Business
   
10. Correspondence

NIL

A correspondence summary will be distributed at the meeting.

K. Stintz (Chair), P. Milczyn (Vice-Chair), M. Augimeri, V. Crisanti, F. Di Giorgio, N. Kelly, D. Minnan-Wong, C. Palacio, and J. Parker (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (General Manager – Operations), J. Sepulis (General Manager – Engineering & Construction), B. Leck (General Counsel - Legal), A. Chocorlan (Deputy General Manager – Bus), B. Ross (Director – Corporate Communications), M. Roche (Chief Financial Officer), S. MacDonald (Manager –Materials & Procurement), M. Stambler, (Chief Service Planning Officer), T. Baik (Chief Project Manager – Construction), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

B. Frost (General Superintendent – Wheel Trans) and T. McPherson (Superintendent – Customer Service & Planning – Wheel Trans) were present for Item 2(a).

Prior to commencing with the agenda, Chair Stintz took the opportunity to address the Commission, staff and the public.  Chair Stintz thanked her fellow Commissioners for their support and confidence in electing her as Chair, and to staff and the public for their ongoing assistance and support.  Chair Stintz indicated that she is looking forward to a productive partnership with the Provincial Government and Metrolinx, working constructively toward shared transportation goals.  Chair Stintz emphasized her desire to help develop a transit system that is the preferred choice of travel for Toronto residents by being a convenient, reliable and efficient service.  It is paramount that the day-today customer use of the TTC be an easy and pleasant experience. Chair Stintz, in her closing remarks, proposed that the Commission’s work over the next four years be guided by the following four priorities: a sharpened client focus, a re-aligned transit expansion plan, investing every dollar wisely and embracing a new way of doing business.

Commissioner Augimeri moved that the Commission approve the minutes from meeting no. 1924 and Special Meetings no. 1925 and 1926 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Augimeri carried.

a) Committee of the Whole –  First Meeting of 2011

Commissioner Minnan-Wong moved that the Commission approve a resolution to meet as the Committee of the Whole at 9:00 a.m. or later at the first meeting in 2011 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 Commissioner Minnan-Wong carried.

Chair Stintz moved that the Commission waive section 13a of the procedural Bylaw relating to notice provisions for Public Presentations to permit deputations from Councillors M. Mcmahon and P. Fletcher on item 4(b) and Councillor G. Crawford on item 2(b).

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

a) Procurement Authorization – Low Floor Light Rail Vehicle Maintenance and Storage Facilities Fleet Replacement Ashbridges Bay Site Soil Removal and Capping Contract WM60-1
 
Caron Court

Karen Buck

Michael Rosenberg

Councillor Mary-Margaret McMahon
City of Toronto

Councillor Paula Fletcher
City of Toronto
(Submitted correspondence C-9)

The Commission received the deputations for information.
(see item 4b for minute).

b) Interim Report – Transit Service to Variety Village

Councillor Gary Crawford
City of Toronto

The Commission received the deputation for information.
(see item 2b for minute).

c) Post-Secondary Student Metropass Eligibility

John Nunziata
Legal Council to the OACC

George Hood
President - Herzing College

Bob Mandel
Student Council President
Everest College Central Campus

Justin Potvin
Student - Everest College

Kyle Iannuzzi
President – Student Association
George Brown College

Paul Goold
Student – Everest College

Toby Whitfield
President – Ryerson Student’s Union

Darshika Selvasivam
York Federation of Students

The Commission received the deputations for information.
(see item 8b for minute).

Commissioner Palacio, seconded by Chair Stintz, moved the following motion:

“That the Toronto Transit Commission hereby formally expresses its support for transit to be declared an essential service in Toronto”.

Commissioner Minnan-Wong moved that the motion be amended to include the statement “and that a review be undertaken at the end of the next five (5) years on this”, so that the motion now reads as follows:

“That the Toronto Transit Commission hereby formally expresses its support for transit to be declared an essential service in Toronto, and that a review be undertaken at the end of the next five (5) years on this”.

Chair Stintz called for a recorded vote on the amendment.

In favour: Chair Stintz, Vice-Chair Milczyn, Commissioner augImeri, Commissioner Palacio, Commissioner Minnan-Wong, Commissioner Crisanti.

Opposed:  Commissioner Di Giorgio.

Not present during the vote:  Commissioner Kelly and Commissioner Parker.

The amendment motion carried on a vote of 6 to 1.

Chair Stintz then called for a recorded vote on the motion, as amended.

In favour: Chair Stintz, Vice-Chair Milczyn, Commissioner Di Giorgio, Commissioner Palacio, Commissioner Minnan-Wong, Commissioner Crisanti.

Opposed:  Commissioner Augimeri.

Not present during the vote:  Commissioner Kelly and Commissioner Parker.

The motion, as amended, carried on a vote of 6 to 1.

NIL

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

a) Mount Dennis Bus Garage – TCE Contamination

 The Commission:

1. Received this report for information; and

2. Authorized that the confidential information in the confidential attachment remain confidential in its entirety, as it contains information that is subject to solicitor-client privilege.

b) Revenue Operations – Lease of Space
          
 The Commission:

1. Approved the recommendation in the confidential attachment, as amended; and

2. Authorized that the contents of the confidential attachment remain confidential in their entirety.

2. Presentations

a) Appointment of Members to the Advisory Committee on Accessible Transportation

 B. Frost, General Superintendent – Wheel Trans and T. McPherson, Superintendent – Customer Service & Planning – Wheel Trans joined Chair Stintz in presenting plaques and framed certificates of appreciation to outgoing ACAT members William Castor, Adam Cohoon, Susan Davidson, Angela Marley and Marian McDonell.

B. Frost, General Superintendent – Wheel Trans and T. McPherson, Superintendent – Customer Service & Planning – Wheel Trans joined Chair Stintz once again in presenting an appreciation plaque to Mrs. Shirley Martin for the efforts and contributions of her late husband Mr. Garnett Martin as an ACAT member.

Following the presentations, the commission approved the recommendation contained in the staff report, as follows:

“It is recommended that the Commission:

 1. Approve the appointment of five (5) candidates to the Advisory Committee on Accessible Transportation, commencing their term on January 1, 2011 and ending December 31, 2013 (see appendix a);

 2.  Approve the appointment of three (3) candidates to re-establish a pool to draw from in the event a member does not accept or complete their term and, if not used, to be short listed automatically for 2012 new vacancies;

3. Present the retiring five (5) members with in-appreciation plaques and a Transit Pass in line with the number of years served in their term as recognition of their contribution (see appendix a); and

4. Present an in-appreciation Plaque to the widow of Mr. Garnett Martin (Mrs. Shirley Martin), who passed away July 31, 2010, in recognition of his contribution as an ACAT member”.

 b) Interim Report – Transit Service to Variety Village

Mitch Stambler, Chief Service Planning Officer, gave a PowerPoint presentation on this item.

The Commission received the presentation and report for information and requested an update report in six (6) months as an action item for commissioner deliberations.

3. Budget Matters

a) Chief General Manager’s Report – Period 8, 9 & 10 (August 1 to October 30, 2010)

 It is recommended that the Commission forward a copy of this report to (a) each City of Toronto Councillor and (b) the City Deputy Manager and Chief Financial Officer, for information, noting that the detailed CGM’s Report is available upon request from the Office of the General Secretary of the Commission.

Approved

4. Procurement Authorizations

a) Procurement Authorization – Union Subway Station – Second Platform & Concourse Improvements – Contract U2-7
 
It is recommended that the Commission:

 1. Authorize the acceptance of the evaluated tender submitted by EllisDon Corporation in the amount of $161,550,000 for Contract U2-7 Union Subway Station Second Platform & Concourse Improvements, subject to the execution of an acceptable amended Toronto Waterfront Revitalization Corporation Delivery Agreement in the amount of $137,500,000, and

2. Authorize the execution of the Amended Union Station Second Platform and Concourse Improvements Delivery Agreement between the Toronto Transit Commission (TTC) and the Toronto Waterfront Revitalization Corporation (TWRC), such agreement to be in a form that is satisfactory to the Chief General Manager and General Counsel.

Approved

 b) Procurement Authorization – Low Floor Light Rail Vehicle Maintenance and Storage Facilities Fleet Replacement Ashbridges Bay Site Soil Removal and Capping Contract WM60-1

Vice-Chair Milczyn moved deferral of the report to the next Commission meeting to allow TTC staff time to address the issues raised by Councillor Fletcher in correspondence item c-9 and the local community. 

 The motion by Vice-Chair Milczyn carried.

 c) Procurement Authorization – Supply of Wabco Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of Wabco parts for the period of January 2011 to January 2014 to Wabco Freight Car Products, a Division of Wabtec Canada Inc. for an upset limit of $6,986,000 USD ($7,092,500 CDN) including freight and applicable taxes.

Approved

d) Procurement Authorization – YUS Single Mode Fibre Optic Cable Supply
   
It is recommended that the Commission authorize the award of a contract to Noramco Wire and Cable, in the amount of $6,892,193.18, for the supply of single mode fibre optic cables for use throughout the Yonge/University/Spadina Automatic Train Control (YUS ATC) Resignalling Project.

Approved

e) Summary of Authorized Expenditures Between $1,000,000 to $5,000,000 for the Period August 1, 2010 to October 31, 2010

It is recommended that the Commission receive this report for information.  It lists Expenditures ($1,000,000 to $5,000,000) for the period August 1, 2010 to October 31, 2010 which were approved by Senior Management.

Received

5. Procurement Authorization Amendments
NIL
6. Notice of Awards

a) Notice of Award – Procurement Authorization – Underground Storage Tanks Replacement - Malvern, Lakeshore and Arrow Road Garages – Contract G60 – 195

It is recommended that the Commission receive the notice of award of Chair Giambrone, Vice-Chair Mihevc and the Chief General Manager authorizing:
  
 a) The award of Contract G60-195 for work at Arrow Road Garage in the amount of $2,141,230.00,

 b)  Exercising Specified Option 1 for work at Malvern Garage in the amount of $1,134,000.00, and

 c)  Exercising Specified Option 2 for work at Lakeshore Garage in the amount of $3,371,250.00  

for a total amount of $6,646,480.00 to The Cannington Group Inc. for Contract G60-195 Underground Storage Tanks Replacement – Malvern, Lakeshore and Arrow Road Garages.

Received

b) Notice of Award – Procurement Authorization – Toronto-York Spadina Subway Extension – Sheppard West Station and the Southern Tunnels – Contract No. A35-25

It is recommended that the Commission receive the notice of award of Commissioners Perruzza and Milczyn and the Chief General Manager authorizing the award of a contract to Aecon Buildings, a Division of Aecon Construction Group Inc., in the amount of $279,078,688.00 for Contract A35-25 Sheppard West Station and the Southern Tunnels.

Received

7. Service Matters
NIL
8. Other Business

a) 2011Commission Meeting Schedule

It is recommended that the Commission approve the following 2011 meeting schedule dates, and that the published schedule serve as notice for these meetings:

• Wednesday, February 2, 2011
• Tuesday, March 1, 2011
• Wednesday, April 6, 2011
• Wednesday, May 11, 2011
• Wednesday, June 8, 2011
• Wednesday, July 6, 2011
• Wednesday, August 17, 2011
• Wednesday, September 21, 2011
• Wednesday, October 19, 2011
• Wednesday, November 23, 2011
• Wednesday, December 14, 2011

Approved
 
b)    Post-Secondary Student Metropass Eligibility

Commissioner Minnan-Wong moved referral of the report to the February 2, 2010 Commission meeting with direction to staff to report back on the original intent of the program, relevant financial information and the eligibility criteria, including full-time and part-time eligibility.

The motion by Commissioner Minnan-Wong lost.

Vice-Chair Milczyn moved that the recommendation in the staff report be struck out and replaced with the following:

“That the Commission approve an amendment to the policy on eligibility criteria for the Post-Secondary Student Metropass to include Post-Secondary Students enrolled in full-time programs offered at private career colleges registered under the private career colleges act, 2005, to take effect February 1, 2011 and that staff report back on a review of the current policy in respect of eligibility of part-time students by February 2, 2011”.

The motion by Vice-Chair Milczyn carried.

c) Traction Power – New Overhead Facility Lease

It is recommended that the Commission approve the offer to lease office and shop space at 391 Alliance Avenue with 695072 Ontario Limited (Landlord) under the terms detailed in this report.

Approved
 
d) 2008 APTA Rail Audit Updates

It is recommended that the Commission:

1. Receive for information updates to the 2008 APTA Rail Safety Audit plus Toronto Transit Commission management actions; and,

2. Approve forwarding this update to the Minister of Transportation, Province of Ontario and the Clerk of the City of Toronto for information.

Approved

e) Proxy to Vote Toronto Transit Commission Shares in Toronto Coach Terminal Inc.

It is recommended that the Commission approve the attached proxy to exercise the 10,000 Toronto Transit Commission shares in Toronto Coach Terminal Inc. for any Toronto Coach Terminal Inc. Shareholders Meeting that is held during the year 2011.

Approved

f) Proxy to Vote Toronto Transit Commission Shares in Toronto Transit Consultants Limited

It is recommended that the Commission approve the attached proxy to exercise the 1,000 Toronto Transit Commission shares in Toronto Transit Consultants Limited for any Toronto Transit Consultants Limited Shareholders Meeting that is held during the year 2011.

Approved

9. New Business
NIL
10. Correspondence

C1 – Gary Webster, Chief General Manager, regarding the TTC Special Constable Service Program.

The Commission received the communication for information.

C2 – Ulli Rath on behalf of Friends of Oriole Park, requesting an opportunity to address the Commission regarding the Davisville Yard site and community needs for increased parkland.

The Commission received the communication and referred the correspondence to staff to confirm the request for a deputation.

C3 – The Board of Directors, Hudson, requesting the TTC eliminate the 510 Spadina short-turn streetcars in their entirety at Adelaide Street West, Charlotte Street and King Street West.

The Commission received the communication for information and referred the correspondence to staff for appropriate action.

C4 – Susan Bender, South Riverdale Community Health Centre, requesting an opportunity to address the Commission on community comments about public transit.

The Commission received the communication and referred the correspondence to staff to confirm the request for a deputation.

C5 – Susan Davidson, Chair – Advisory Committee on Accessible Transportation (ACAT) submitting motions regarding elevator redundancy for new stations and elevator redundancy in interchange stations.

The Commission received the communication for information and referred the correspondence to staff for appropriate action.

C6 – The Honourable John Wilkinson, Minister of the Environment, regarding Notice of Completion of the Environmental Project Report (EPR) for the Ashbridges Bay Maintenance and Storage Facility.

The Commission received the communication for information.
(see report no. 4(b) for minute).

C7 – Karl Junkin regarding transit service to Variety Village.

The Commission received the communication for information.
(see report no. 2(b) for minute).

C8 – Commissioner Denzil Minnan-Wong requesting details of the previous Chair’s use of the $125,000.00 discretionary fund.

The Commission received the communication and referred the correspondence to staff for report back to the commission. 

C9 – Councillor Paula Fletcher regarding the Ashbridges Bay Maintenance and Storage Facility.

The commission received the communication for information.
(see report no. 4(b) for minute).

The meeting adjourned at 4:35 p.m.

In her opening remarks at the first meeting of the new board of Commissioners, TTC Chair Karen Stintz outlined her top priorities: to continue to make public transit the preferred choice of travel in the city, sharpen the TTC's customer-client focus to improve the riding experience, re-align transit expansion plans and simultaneously address the significant capital budget pressure for state-of-good-repair work, and invest every dollar wisely as the TTC improves service delivery and expands the system.

Commissioners voted in favour of a motion brought forward by Commissioner Cesar Palacio to formally request the province to declare the TTC as an essential service.

Commissioners received a TTC staff presentation outlining steps being taken to improve service to Variety Village, which include: extending Community Link hours until 10 p.m. starting on Jan. 3, 2011, improve frequency to every 30 minutes, and better promote the service. City Transportation is also exploring steps to improve accessibility to Variety Village.

Commissioners approved the award of a contract worth $279 million to Aecon Construction Group Inc. for the construction of the Sheppard West subway station, and approximately four kilometres of subway twin tunnels from the current Downsview Station to the future Finch West Station for the Toronto-York Spadina Subway Extension. Construction is scheduled to begin in January and end early 2014.

Commissioners approved the award of a contract worth $161.5 million to EllisDon Corporation for the construction of a new subway platform at Union Station to the south of the existing centre platform, and for the reconfiguration of the concourse level to improve customer flow. Construction is scheduled to begin in January 2011 and end in April 2014. Funding for this project is provided by the Toronto Waterfront Revitalization Corporation.

The Commission welcomed five new members to the Advisory Committee on Accessible Transportation (ACAT): Brayan Bratanov, Dorothy Creaser, Lori March, Valdo Tammark and Howard Wax. They begin their three-year terms on Jan. 1, 2011. The board thanked the following outgoing members who complete their terms on Dec. 31: Dr. William Castor, Adam Cohoon, Susan Davidson, Angela Marley and Marian McDonell. ACAT member Garnett Martin, who died last August, received a posthumous honour. ACAT represents the needs and concerns of people with disabilities and seniors who use TTC services.

Commissioners approved the schedule of meetings at Toronto City Hall for 2011 as follows (held at 1 p.m. unless otherwise indicated): Wednesday, February 2, Tuesday, March 1, Wednesday, April 6, Wednesday, May 11, Wednesday, June 8, Wednesday, July 6, Wednesday, August 17, Wednesday, September 21, Wednesday, October 19, Wednesday, November 23 and Wednesday, December 14.