Board Meeting - May 11, 2011

(Public meeting to commence at 10:00 a.m. to deal with Declarations of Interest and a resolution to conduct a portion of the meeting in the absence of the public. The Commission will immediately meet in the absence of the public (referred to as “Committee of the Whole”) to deal with Confidential Items and will reconvene the portion of the meeting open to the public at approximately 1:00 p.m.)

RESOLUTION TO CONDUCT A PORTION OF THE MEETING IN THE ABSENCE OF THE PUBLIC (COMMITTEE OF THE WHOLE) IN ACCORDANCE WITH SECTION 29 OF THE TTC BY-LAW TO GOVERN COMMISSION PROCEEDINGS AND SECTION 190 OF THE CITY OF TORONTO ACT

• Wheel-Trans Accessible Taxi Contracts
  (This report contains advice or communications that are subject to solicitor-client privilege)
• Union Negotiations Update (Verbal)
  (This report is about labour relations or employee negotiations)
• PricewaterhouseCoopers LLP Audit Results Report on the Toronto Transit Commission Consolidated Financial Statements for the Year Ended December 31, 2010
  (This report contains advice or communications that are subject to solicitor-client privilege)

a. Open Standards and PRESTO: Overview

b. Operating Budget Process

RECONVENE

Meeting (OPEN TO THE PUBLIC) – 1:00 P.M.
   Committee Room 2, 2nd Floor, City Hall

• Meeting No. 1934 - 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.

• TTC Commissioner Expenses 2003-2009

1. Reports with Confidential Attachments (Committee of the Whole)
   • Wheel-Trans Accessible Taxi Contracts (FOR ACTION) - CONFIDENTIAL ATTACHMENT (This report contains advice or communications that are subject to solicitor-client privilege)
   • Union Negotiations Update (Verbal) (This report is about labour relations or employee negotiations)
   • PricewaterhouseCoopers LLP Audit Results Report on the Toronto Transit Commission Consolidated Financial Statements for the Year Ended December 31, 2010 (FOR ACTION) (This report contains advice or communications that are subject to solicitor-client privilege)
2. Presentations
3. Budget matters
   • Chief General Manager's Report - Periods 1 & 2 (January 1 to February 26, 2011) (FOR ACTION)
   • Draft Consolidated Financial Statements of Toronto Transit Commission for the Year Ended December 31, 2010 (FOR ACTION)
   • Accounts Receivable Considered Uncollectible (FOR ACTION)
4. Procurement Authorizations
   • Procurement Authorization - Consultant Design Services - Contract No. G85-288 (FOR ACTION)
   • Procurement Authorization – Toronto-York Spadina Subway Extension – Finch West Station – Contract A27-1 (FOR ACTION)
   • Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period February 1, 2011 to February 28, 2011 (FOR INFORMATION)
5. Procurement Authorization Amendments
   • Procurement Authorization Amendment – Toronto-York Spadina Subway Extension Project - Contract A85-75D - Highway 407 Station - Contract Amendment No. 5 (FOR ACTION)
   • Procurement Authorization Amendment - Toronto-York Spadina Subway Extension Project - Contract A85-75F - Sheppard West Station - Contract Amendment No. 4 (FOR ACTION)
6. Notice of Awards
7. Service Matters
   • 510 Spadina – Additional Service South of King Street - Third Follow-up
   • Opportunities for Improved Bus Service on Finch Avenue West (FOR ACTION)
8. Other Business
   • 2011 Commission Meeting Schedule: Changes to August and September Meetings (FOR ACTION)
   • Procedures Relating to Commission Meetings (FOR INFORMATION)
   • TTC Policy on Community Gardens (FOR ACTION)
   • Licence Extension and Amending Agreement Between the TTC and the City of Mississauga (FOR ACTION)
   • Proxy to Vote Toronto Transit Commission Shares in Toronto Transit Infrastructure Limited (FOR ACTION)
   • Additional Commissioners (FOR ACTION)
9. New Business
10. Correspondence

A correspondence summary will be distributed at the meeting.

11. Procurement Authorization – Toronto-York Spadina Subway Extension Project Independent Engineer – Contract A85-104

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), D. Dixon (Acting General Manager – Operations), 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 Planning Officer), M. Atlas (Senior Solicitor – Legal), A. Bertolo (Chief Project Manager – TYSSE), D. Garisto (Chief Property Development Officer), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

Commissioner Augimeri moved that the Commission approve the minutes from meeting no. 1934 and that the chair and General Secretary be authorized to sign the same.

The motion by Commissioner Augimeri carried.

Commissioner Minnan-Wong moved that the following education/training item be deferred for consideration in a public forum:

• Operating Budget Process

The motion by Commissioner Minnan-Wong carried.

Commissioner Minnan-Wong further moved that the Commission recess to meet as the Committee of the Whole to deal with:

1. Litigation or potential litigation matters, labour relations, employee negotiations, and to receive advice which is subject to solicitor-client privilege; and

2. Educating and/or training members on the following item:

• Open standards and Presto: overview

The motion by commissIoner Minnan-Wong carried.

Meeting (open to the public) - 1:15 p.m. 
Committee Room 2, 2nd floor, City Hall

Prior to re-commencement of the agenda, Chair Stintz introduced a new customer service feature that will see station ambassadors at key downtown subway stations this summer, to assist customers and tourists alike with general transit information and directions to local attractions.

Portable kiosks, staffed by summer students, will feature a prominent display in select subway stations with a vicinity map and surface route options for the area. TTC ambassadors will assist customers with trip planning and general information about getting around Toronto on the TTC.

Chair Stintz moved that the Commission waive section 13a of the procedural Bylaw relating to notice provisions for public presentations to permit deputations from councillor A. Vaughan on item 7(a) and Mr. J. Helm on item 11.

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

a) 510 Spadina – Additional Service South of King Street – Third Follow-up 
Councillor Adam Vaughan 
City of Toronto

The Commission received the deputation for information. 
(see item no. 7(a) for minute).

b) TTC Commissioner Expenses 2003 – 2009 
Alan Yule

The Commission received the deputation for information. 
(see items deferred from last meeting to permit debate/public presentations for minute).

c) Opportunities for Improved Bus Service on Finch Avenue West 
Brian Boehlert 
Peter Lambert 
Jamie Kirkpatrick 
Toronto Environmental Alliance

The Commission received the deputations for information. 
(see item no. 7(b) for minute).

d) Procurement Authorization – Toronto-York Spadina Subway Extension Project – Independent Engineer – Contract A85-104

Jamie Helm 
Mitchell, Bardyn & Zalucky

The Commission received the deputation for information. 
(see item no. 11 for minute).

a) TTC Commissioner Expenses 2003-2009

Commissioner Minnan-Wong moved that the TTC cancel the Annual Metropass provided to the former TTC Chair for a 3-year period if, by year-end, the TTC does not receive 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.

1. Reports With Confidential Attachments (Committee Of The Whole)

a) Wheel-Trans Accessible Taxi Contracts

The Commission approved:

1. The recommendations set out in the confidential attachment, as amended; and

2. That the information in the confidential attachment not be authorized for public release as it remains subject to solicitor-client privilege.

b) Union Negotiations Update

The Commission:

1. Received a confidential verbal update regarding labour negotiations.

2. Authorized release of the information provided following ratification of the agreements by all parties.

c) PricewaterhouseCoopers LLP Audit Results Report on the Toronto Transit Commission Consolidated Financial Statements for the Year Ended December 31, 2010
 
The Commission:

1. Received the attached report from PriceWaterhouseCoopers llp (“PWC”), including the information noted in the confidential attachment, regarding the audit of the consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2010, for information.

2. Authorized forwarding a copy of the attached report to city council through the Audit Committee of the City of Toronto.

3. Authorized retaining the contents of the confidential attachment as confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

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

   NIL

2. Presentations

   NIL

3. Budget Matters

a) Chief General Manager’s Report – Periods 1& 2 (January 1 to February 26, 2011) 
b) Chair Stintz moved adoption of the recommendation in the staff report, as follows:

“It is recommended that the commission forward a copy of this report to (1) each City of Toronto Councillor and (2) 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”.

The motion by Chair Stintz carried.

Chair Stintz further moved that the following items be reported on at the June commission meeting:

1. Ashbridges’s Bay routing

2. Activities of Toronto Transit Infrastructure Limited (TTIL)

3. Budget reports

The motion by Chair Stintz carried.

b) Draft Consolidated Financial Statements of Toronto Transit Commission for the Year Ended December 31, 2010

It is recommended that the Commission:

1. approve the draft consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2010; and

2. forward a copy of the approved consolidated financial statements to City Council for information through the Audit Committee of the City of Toronto.

Approved

c) Accounts Receivable Considered Uncollectible

It is recommended that the Commission approve writing-off an outstanding account with Infoplace Ticket Centres Ltd. considered uncollectible in the amount of $28,826.99.

Approved

4. Procurement Authorizations

a) Procurement Authorization – Consultant Design Services – Contract No. G85-288

It is recommended that the Commission authorize the award of Consultant Design Services contracts to the following four companies in the upset limit of $3,000,000.00 each for a three year period, for a total upset limit amount of $12,000,000.00:

IBI Group (IBI) $ 3,000,000.00 
URS Canada Inc. (URS) $ 3,000,000.00 
AECOM Canada Ltd. (AECOM) $ 3,000,000.00 
Morrison Hershfield Limited (MH) $ 3,000,000.00 
TOTAL $12,000,000.00

Approved

b) Procurement Authorization – Toronto-York Spadina Subway Extension – Finch West Station – Contract A27-1

It is recommended that the Commission authorize the award of a contract to Bondfield Construction Company Limited in the amount of $125,630,118.00 for Contract A27-1, Finch West Station.

c) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period February 1, 2011 to February 28, 2011

It is recommended that the Commission receive this report for information. It lists Expenditures ($1,000,000 to $5,000,000) for the period February 1, 2011to February 28, 2011 which were approved by Senior Management.

Received

5. Procurement Authorization Amendments

a) Procurement Authorization Amendment - Toronto-York Spadina Subway Extension Project – Contract No. A85-75D – Highway 407 Station - Contract Amendment No. 5

It is recommended that the Commission authorize Contract Amendment No. 5 to AECOM Canada Ltd. (AECOM), in the amount of $3,470,000.00, increasing the total upset limit amount to $23,030,000.00. This will provide for complete design services from preliminary design to design support during construction for Highway 407 Station and associated works.

Approved

b) Procurement Authorization Amendment – Toronto-York Spadina Subway Extension Project – Contract A85-75F – Sheppard West Station – Contract Amendment No. 4

It is recommended that the Commission authorize Contract Amendment No. 4 to AECOM Canada Ltd. (AECOM), in the amount of $2,047,500.00, increasing the total upset limit amount to $15,797,500.00. This will provide for complete design services from preliminary to design support during construction for Sheppard West Station and associated works.

Approved

6. Notice of Awards

   NIL

7. Service Matters

a) 510 Spadina – Additional Service South of King Street – Third Follow-up 
It is recommended that the Commission forward this report to Councillor Vaughan, noting that:

• Based on most-recent ridership data, additional service south of King Street on the 510 SPADINA streetcar route is not warranted at this time;
• As requested by the Commission at its March 1, 2011, TTC staff met with Councillor Vaughan to discuss his concern about service reliability and adequacy south of King Street;
• At that meeting, it was agreed that, in order to respond to the service issues raised by Councillor Vaughan and to allow evaluation of alternate operating arrangements, all service on the 510 SPADINA streetcar line could be operated south of King Street, as a pilot project, in the morning peak period, from June 20 to September 2, 2011; and
• There is a long-standing significant operational problem, regarding all service south of King Street, which has long been in need of attention, but which will be accentuated by the extension of all 510 SPADINA service to Queen’s Quay. The traffic signal at Lake Shore Boulevard West through which all these streetcars must travel is programmed with the primary objective of facilitating eastbound automobile traffic from Lake Shore Boulevard and from the Gardiner off-ramp to northbound Spadina Avenue. Streetcars have only a 16-second window every signal cycle during which they can travel through the intersection, and a signal cycle can be as long as 2 minutes and 24 seconds. This means they regularly get caught at this intersection, causing bunching and irregular service. It is possible to alter these signal operations to eliminate this problem without having perceptible effects on traffic operations. TTC staff have been in discussions with City Transportation Services, and will report to the Commission when this report is being considered.

Approved

b) Opportunities for Improved Bus Service on Finch Avenue 
Mitch Stambler, Chief Planning Officer, gave a PowerPoint presentation on this item.

The Commission received the presentation for information and following discussions concerning the study plan, including the possibility of prioritizing evaluation of the road widening and centre lane alignment options, Commissioner Crisanti moved the following motion:

That staff report back at the September Commission meeting on the results of all options for improved bus service on finch avenue west as identified in the staff report.

Commissioner Augimeri requested a recorded vote on Commissioner Crisanti’s motion.

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

Opposed: Commissioner Augimeri and Commissioner Parker.

The motion by Commissioner Crisanti carried on a vote of 7 to 2.

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

The motion by Chair Stintz carried.

8. Other Business

a) 2011 Commission Meeting Schedule: Changes to August and September Meetings

It is recommended that the Commission approve revisions to the 2011 Commission meeting schedule, as follows:

1. cancel the Wednesday, August 17, 2011 meeting;

2. re-schedule the Wednesday, September 21, 2011 meeting to Tuesday, September 20, 2011

Approved

b) Procedures Relating to Commission Meetings

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

Received

c) TTC Policy on Community Gardens

It is recommended that the Commission:

1. Approve the adoption of the community gardens policy, as set out in Attachment #1 to this report; and

2. Authorize and direct the appropriate staff and officials to take the necessary actions to give effect to the TTC community gardens policy.

Approved

d) License Extension and Amending Agreement between the TTC and the City of Mississauga

It is recommended that the Commission approve:

1. The execution of an extended license agreement for a further term of five (5) years following the expiry of the existing agreement on December 31, 2011, between the TTC and the City of Mississauga for the use by Mississauga Transit (MT) of bus platforms 4 (two-thirds), 5, 6, and 7 at Islington Subway Station (see Appendix “A” attached);

2. The expansion of the scope of the extended licence agreement to permit the City of Mississauga to install a transit supervisory staff kiosk, as shown on Appendix “A”, for the same term of five (5) years following the expiry of the existing agreement on December 31, 2011.

Approved

e) Proxy to Vote Toronto Transit Commission Shares in Toronto Transit Infrastructure Limited

Chair Stintz moved approval of the recommendation contained in the staff report and that Vice-Chair Milczyn be appointed to vote the Commission’s shares at Toronto Transit Infrastructure Limited (TTIL) Shareholder meetings.

The motion by chair Stintz carried.

f) Additional Commissioners

It is recommended that the Commission:

1. endorse the concept that the two additional Commissioners City of Toronto Council will appoint be private citizens in accordance with the criteria set out in this report; and

2. approve forwarding this report to the City of Toronto City Manager for consideration when the new appointees are recommended to City Council for approval.

Approved

9. New Business

   NIL

10. Correspondence

C1 – Chair Karen Stintz seeking Commission support for the formation of the Customer Service Advisory Group.

The Commission approved the establishment of the Customer Service Advisory Group (CSAG) and the Chair’s Proposal to initiate the process.

C2 – Joe Pennachetti, City Manager and Bruce Macgregor, CAO Regional Municipality of York regarding the Toronto-York Spadina Subway Extension Project – Independent Engineer.

The commission received the communication for information.

(see item no. 11 for minute).

C3 – Sam Savona, Chair – Advisory Committee on Accessible Transportation (ACAT) forwarding approved minutes from the March 31, 2011 ACAT meeting.
 
The Commission received the communication for information.

C4 – Susan Bender, Community Engagement Co-ordinator, South Riverdale Community Health Centre requesting an opportunity to address the Commission at its June 8, 2011 meeting regarding the importance of public transit during hot weather and smog alerts.

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

C5 – Chand Kapoor, Chair, Gerrard India Bazaar BIA regarding TTC fees for alternative transportation during festival.

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

C6 – Jamie Helm, Mitchell, Bardyn & Zalucky LLP regarding the Toronto-York Spadina Subway Extension Project – Independent Engineer.

The Commission received the communication for information. 
(see item no. 11 for minute).

C7 – Sharon Yetman regarding an unsolicited proposal – Express Bus Flow Technology.

The commission received the communication and referred the correspondence to staff for information.

11. Procurement Authorization – Toronto-York Spadina Subway Extension Project - Independent Engineer – Contract A85-104

Following some preliminary discussion on this item Vice-Chair Milczyn moved that the Commission recess to meet as the Committee of the Whole.

The motion by Vice-Chair Milczyn carried.

Upon completion of the Committee of the Whole meeting and re-convening the public meeting Vice-Chair Milczyn moved that the Commission not adopt the recommendation contained in the staff report.

Commissioner Parker requested a recorded vote on Vice-Chair Milczyn’s motion.

In favour: Vice-Chair Milczyn, Commissioner Crisanti and Commissioner Palacio.

Opposed: Chair Stintz, Commissioner Di Giorgio, Commissioner Kelly and Commissioner Parker.

Not present during the recorded vote: Commissioner Augimeri and Commissioner Minnan-Wong.

The motion by Vice-Chair Milczyn lost on a vote of 3 to 4.

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

Commissioner Parker requested a recorded vote.

In favour: Chair Stintz, Commissioner Crisanti, Commissioner Di Giorgio, Commissioner kelly, Commissioner Palacio and Commissioner Parker.

Opposed: Vice-Chair Milczyn

Not present during the recorded vote: Commissioner Augimeri and Commissioner Minnan-Wong.

The motion by Chair Stintz carried on a vote of 6 to 1.

The meeting adjourned at 4:30 p.m.