Board Meeting - March 1, 2011

• Meeting No. 1930 - February 7, 2011

Wednesday, April 6, 2011

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.

NIL

1. Reports with Confidential Attachments (Committee of the Whole)
   • Large Litigation Matters (FOR INFORMATION) - CONFIDENTIAL ATTACHMENT (This report contains advice or communications that are subject to solicitor- client privilege
   • Transit Policing and Security Model (FOR ACTION) - CONFIDENTIAL ATTACHMENT(This report involves the security of property belonging to the Commission)
   • Procurement Authorization – Armed Guard Services (FOR ACTION) - CONFIDENTIAL ATTACHMENT(This report involves the security of property belonging to the Commission)
2. Presentations
   • Award of Merit Presentation– Operator Ben Derksen – (FOR INFORMATION)
   • TTC Pension Fund By-law Amendments (FOR ACTION)
3. Budget matters

   NIL

4. Procurement Authorizations
   • Procurement Authorization – Supply of Diesel Fuel (FOR ACTION)
   • Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period December 1, 2010 to December 31, 2010 (FOR INFORMATION)
5. Procurement Authorization Amendments
   • Procurement Authorization Amendment – Toronto-York Spadina Subway Extension Project – Contract No. A85-75B - Finch West Station – Contract Amendment No. 8 (FOR ACTION)
   • Procurement Authorization Amendment: Authorization of Additional Funds for Change Directive No. 004 for the Contract C31PV07834, Design Supply & Install Signal System for South Yonge Subway (FOR ACTION)
6. Notice of Awards

   NIL

7. Service Matters
   • 510 Spadina – Additional Service South of King Street – Second Follow-up (FOR ACTION)
8. Other Business
   • Easier Access Phase III – Sherbourne Station (FOR ACTION)
   • Post-Secondary Student Metropass Eligibility (FOR ACTION)
   • TTC Corporate Policy – Disposal of Surplus Property, Acquisition of Real Property, Office and Short Term Leases – Policy 12.2.0 (FOR ACTION)
   • Oleoresin Capsicum Spray 2010 Year End Report (FOR INFORMATION)
   • Senior Management Review of the Environment, Health & Safety (EHS) Management System, Minutes of November 23, 2010 (FOR INFORMATION)
9. New Business

   NIL

10. Correspondence

    NIL

A correspondence summary will be distributed at the meeting.

11. TTC Response to Proposed Ontario Regulations for Integrated Accessibility Standards (FOR ACTION)

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), J. Sepulis (General Manager – Engineering & Construction), B. Leck (General Counsel - Legal), B. Ross (Director – Corporate Communications), M. Roche (Chief Financial Officer), S. MacDonald (Manager –Materials & Procurement), A. Smith (Chief Marketing Officer), M. Stambler, (Chief Service Planning Officer), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

J. Briffa (Superintendent – Eglinton Division) was present for Item 2(a).

Commissioner Augimeri moved that the Commission approve the minutes from meeting no. 1929 and Special Meeting no. 1930 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Augimeri carried.

a) Committee of the Whole –  Wednesday, April 6, 2011

Chair Stintz 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 6, 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 Chair Stintz carried.

a) Post-Secondary Student Metropass Eligibility

• Cindy Brownlee
• Joeita Gupta
• Chris McNeil
• Krisna Saravanamuttu
• Mohammad Ali Aumeer
• Alan Yule
• Nora Loreto
• Jeff Peters
• Domenic Wong
• Yolisa Dalamba
• Guled Arale
• Nadine Tkatchevskaia
• Jamie Kirkpatrick
• Toby Whitfield
• Katie Wolk
• Maria Pilar Galvez
• Sandy Carby and Lantin Jarju
• Dhananjai Kohli
• Abdalla Al-Baalawy
• Annie Hyder
• Shasa Boshoff
• Emily Shelton

The Commission received the deputations for information.
(see item no. 8b) for minute).

Commissioner Palacio moved:

1.  That the TTC, as a sign of good faith to local businesses on St. Clair Avenue West who have suffered tremendous financial losses due to the Erow construction disruption, waive the associated fees for rerouting the bus service in 2011 when closing down St. Clair Avenue West during the annual free community festival day(s) and that a partnership arrangement be developed with the TTC and TABIA to address the costs of festival closures.

2.   That TTC staff be requested to communicate its decision to the TPS and the City's 
transportation division.

The motion by Commissioner Palacio carried.

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

a) Large Litigation Matters

The Commission:

1. Received the confidential information as set out in confidential attachment 1;

2. Noted that the confidential information set out in confidential attachment 1 remains confidential in its entirety as it contains advice which is subject to solicitor-client privilege; and

3. Received this report for information purposes.

b) Transit Policing and Security Model

Commissioner Minnan-Wong moved that the information contained in the confidential attachment be made available to the public.

The motion by commissioner Minnan-Wong lost.

Chair Stintz moved adoption of the recommendation contained in the report, subject to changing the date in item no. 2 of the recommendation from March 3, 2011 to April 7, 2011 so such recommendation reads, as follows:

“It is recommended that the Commission:

1. Approve the recommendations as set out in the confidential attachment;

2. Forward this report and the confidential attachment to the Toronto Police Services Board for submission at its April 7, 2011 meeting; and

 3. Note that the confidential information as set out in confidential attachment 1 remains confidential in its entirety as it contains information that involves the security of property belonging to the commission”.

The motion by Chair Stintz carried.

c) Procurement Authorization – Armed Guard Services

 The Commission:

1. Received the information in the confidential attachment; and

2. Authorized the award of a contract to Intercon Security Limited (intercon) in the total upset limit amount of $9,600,000 to provide armed guards for a five-year period commencing upon notification of award.

2. Presentations

a) Award of Merit Presentation - Operator Ben Derksen

Chair Stintz was joined by J. Briffa, Superintendent - Eglinton Division, in presenting Operator Ben Derksen and his family with the Award of Merit for his actions on January 6, 2011. 

Following the presentation, the Commission received the report for information.

b) TTC Pension Fund By-law Amendments

At the request of the Chief General Manager this report was referred back to staff.

3. Budget Matters 

   NIL

4. Procurement Authorizations

a) Procurement Authorization – Supply of Diesel Fuel

It is recommended that the Commission approve:

a) Issuance of a purchase order to Suncor Energy Products Partnership (Suncor) for the physical supply and delivery of diesel fuel to various TTC locations for the period commencing April 1, 2011 to December 31, 2015 in the total upset limit of $513,000,000; and

b) Staff entering in the required Agency Agreements subject to the approval of the General Counsel, to permit the City of Toronto (City) to process purchases of diesel fuel financial futures on behalf of the TTC from a roster of pre-qualified counterparties for a three-year term upon the City signing agreements with the counterparties.

Approved

 b) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period December 1, 2010 to December 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 December 1, 2010 to December 31, 2010 which was approved by Senior Management.

Received

5. Procurement Authorization Amendments

a) Procurement Authorization Amendment Toronto-York Spadina Subway Extension Project – Contract No. A85-75B – Finch West Station Contract Amendment No. 8  

It is recommended that the Commission authorize Contract Amendment No. 8 to The Spadina Group Associates (TSGA), in the amount of $4,529,245, increasing the total upset limit amount to $23,629,260.31.  This will provide for complete design services from preliminary to design support during construction for Finch West Station and associated works, which it is estimated will cost approximately $135 million.

Approved

 b) Procurement Authorization Amendment:  Authorization of Additional Funds for Change Directive No. 004 for the Contract C31PV07834, Design Supply & Install Signal System for South Yonge Subway

It is recommended that the Commission authorize Change Directive #004, Revision to the Contract with Ansaldo STS Canada Inc., in the upset amount of $4,962,910.00, for the design, supply and installation of grade timing and speed control supervision as part of Contract P31PV07834.

Approved

6. Notice of Awards 

   NIL

7. Service Matters

a) 510 Spadina – Additional Service South of King Street – Second Follow Up

Vice-Chair Milczyn moved deferral of this report to the next scheduled meeting of the Commission to allow staff the opportunity to follow-up with Councillor Vaughan on concerns he has expressed.

The motion by Vice-Chair Milczyn carried.

8. Other Business

a) Easier Access Phase III – Sherbourne Station

It is recommended that the Commission forward this report to Toronto City Council through the Toronto and East York Community Council in response to City Council’s request to the Commission at its August 25, 26 and 27, 2010 meeting on the status of improving accessibility of Sherbourne Station and options for accelerating the installation of elevators at the station by the end of 2012; noting that it is not feasible to accelerate the construction of Sherbourne Station for the end of 2012.

Approved
 
b)    Post-Secondary Student Metropass Eligibility

 A. Smith, Chief Marketing Officer, gave an overhead presentation on this item.

The Commission received the presentation for information.

Commissioner Palacio moved the following motions:

1.  To re-iterate that part-time students are eligible to purchase VIP Discounted Passes through their institutions if the institution is a VIP enrolled organization.

2.   That the TTC Chief General Manager be requested to communicate with University and College administrations concerning extending the administration of the VIP program for the benefit of their staff and part-time student populations, just as major employers have opted to do across the city, and to report back on this effort.

The motions by Commissioner Palacio carried.

Chair Stintz moved adoption of the recommendation in the staff report.

The motion by Chair Stintz Carried.

c) TTC Corporate Policy – Disposal of Surplus Property, Acquisition of Real Property, Office and Short Term Leases – Policy 12.2.0

 It is recommended that:

1. The Commission adopt the changes to the existing “Disposal of Surplus Property,     Acquisition of Real Property, Office and Short Term Leases” policy; and

2.  The appropriate Commission staff and officials be authorized to take the necessary action to give effect to the amendments to the “Disposal of Surplus Property, Acquisition of Real Property, Office and Short Term Leases” policy. 

Approved

d) Oleoresin Capsicum Spray 2010 Year End Report

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

Received

e) Senior Management Review of the Environment, Health & Safety (EHS) Management System, Minutes of November 23, 2010

It is recommended that the Commission receive for information, the minutes of the November 23, 2010 Senior Management Review of the Environment, Health & Safety (EHS) Management System.

Received

9. New Business     

   NIL

10. Correspondence

C1 - Gary Webster, TTC Chief General Manager, regarding 2010 TTC Commissioner expenses.

The Commission received the communication for information.

Commissioner Minnan-Wong moved:

That the Commission write to the Former Chair and request re-payment of the funds that are over and above the $125,000.00 allocated in the Chair’s Budget.

The motion by Commissioner Minnan-Wong carried.

Commissioner Palacio moved:

That the Chief General Manager report to the next meeting of the TTC with a summary of the remuneration and expenses for the Chair, Vice-Chair and Members of the TTC between the years 2003-2009.

The motion by Commissioner Palacio carried.

C2 – Councillor Pam McConnell regarding Post-Secondary Student Metropass Eligibility.

The Commission received the communication for information.
(See report no. 8(b) for minute).

C3 – Charles Stolte, Chair - Canadian Urban Transit Association (CUTA), regarding Edmonton Transit Operator Tom Bregg and Edmonton City Council’s initiative to advance Federal legislative change to elevate sentences for all individuals convicted of assaulting a public transit operator.

The Commission received the communication for information.

Chair Stintz moved:

That that the Chair on behalf of the Toronto Transit Commission write to the Federal Minister of Justice indicating the Commission’s support of the Edmonton Amalgamated Transit Union’s efforts with Justice Canada to recognize the vulnerability of Transit Operators and the dangers they face while performing their duties, and to amend the criminal code to better protect Transit Operators.

The motion by Chair Stintz carried.

C4 – Ryerson University students regarding Post-Secondary Student Metropass Eligibility.

The Commission received the communications for information.
(see report no. 8(b) for minute).

C5 – Commissioner Vincent Crisanti regarding future subway service to North Etobicoke.

The Commission received the communication for information.

11. TTC Response to Proposed Ontario Regulations for Integrated Accessibility Standards

Chair Stintz moved:

That the Commission approve the staff report conditional on a meeting between David Lepofsky, the Chair and the Vice-Chair and that Mr. Lepofsky’s comments be incorporated into the submission to the province.

The motion by Chair Stintz carried. 

The meeting recessed at 10:19 a.m. and reconvened at 1:13 p.m.

The meeting adjourned at 4:30 p.m.

TTC Chair Karen Stintz presented an Award of Merit to TTC Operator Ben Derksen. Last January, Derksen was operating his bus on Eglinton Avenue and saw a car parked in the curb lane. He noticed an unconscious man slumped over the open door of the vehicle, and there was a small child in the back seat. He immediately notified Transit Control, performed CPR and flagged down a passing ambulance, which rushed the man to hospital.

Commissioners approved amending the eligibility criteria for the Post-Secondary Student Metropass to be full-time post-secondary students only, with no age restriction, who are enrolled in degree or diploma programs at a university, college or private-career college, which is registered under the Private Career Colleges Act, 2005.

The new criteria will be effective with the sale of the September 2011 Metropass, and will no longer include post-secondary part-time students. Part-time students are still able to purchase discounted Metropasses through the TTC Volume Incentive Pass (VIP) and Metropass Discount Plan (MDP) programs.

Commissioners approved issuing a purchase order to Suncor Energy Products Partnership for the supply and delivery of No. 1 Ultra-Low Sulphur diesel fuel for the five-year period from April 1, 2011 to December 31, 2015. The contract is worth a total upset limit of $513 million and will ensure an uninterrupted supply of fuel for the TTC bus fleet. The estimated volume of diesel fuel required for 2011 is 88.1 million litres.

Commissioners received for information a letter from the Chair of the Canadian Urban Transit Association (CUTA) to its Board of Directors dealing with a life-threatening assault on an Edmonton Transit System Operator, which occurred last December, and the requirement for more stringent sentencing in the courts.

Commissioners voted to write to the Federal Minister of Justice indicating the Commission’s support of the Edmonton Amalgamated Transit Union’s efforts with Justice Canada to recognize the vulnerability of transit Operators and the dangers they face while performing their duties, and to amend the Criminal Code of Canada to better protect transit Operators.