Board Meeting - October 19, 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

1. Retail Sales Tax Appeals – Status Update 
   (This report contains advice or communications that are subject to solicitor-client privilege)
2. Large Litigation Matters 
   (This report contains advice or communications that are subject to solicitor-client privilege)

• Board Responsibilities

Meeting (Open to the public) – 1:00 P.M.
Committee Room 2, 2nd Floor, City Hall

• Meeting No. 1939 - September 16, 2011

Nil

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

Nil

Nil

• Wheel-Trans Taxi Contracts – Procurement Timelines

1. Reports with Confidential Attachments (Committee of the Whole)
   • Retail Sales Tax Appeals – Status Update (FOR INFORMATION)(This report contains advice or communications that are subject to solicitor-client privilege)
   • Large Litigation Matters (FOR INFORMATION)(This report contains advice or communications that are subject to solicitor-client privilege)
2. Presentations
   • TTC 90th Anniversary and 28th Billionth Rider (FOR INFORMATION)
   • Ontario Association for Suicide Prevention – 2011 Arnold Devlin Community Service Award (FOR INFORMATION)
   • Air Miles - Social Change Innovation Award (FOR INFORMATION)
3. Budget matters
   • Chief General Manager’s Report – Periods 5, 6, 7 & 8 (May 1 to August 27, 2011) (FOR ACTION)
   • TTC Capital Budget Technical Amendments (FOR ACTION)
   • 2012 Wheel-Trans Operating Budget – Information Request (FOR ACTION)
4. Procurement Authorizations
5. Procurement Authorization Amendments
6. Notice of Awards
   • Procurement Authorization Toronto-York Spadina Subway Extension Steeles West Station Contract A31-1 (FOR INFORMATION)
   • Procurement Authorization Toronto-York Spadina Subway Extension Supply of Special Trackwork and Direct Fixation Fasteners Contract A65-33 (FOR INFORMATION)
   • Procurement Authorization – Structural Assessment and Design Services – Triennial Contract – Contract G85-294 (FOR INFORMATION)
   • Election Advertising on TTC Property (FOR INFORMATION)
7. Service Matters
8. Other Business
   • Next Vehicle Arrival System – Bus Expansion Update (FOR INFORMATION)
   • Easier Access Phase III – Keele Station (FOR ACTION)
   • Declare Surplus – York Mills (4050 Yonge) (FOR ACTION)
   • Commuter Parking Pricing Strategy (FOR ACTION)
   • Transit Expansion Office Lease (FOR ACTION)
   • Russell Hill Subway Train Accident of August 11, 1995 Due Diligence Checklist Update (FOR ACTION)
9. New Business
10. Correspondence

A correspondence summary will be distributed at the meeting.

11. New Agreement Between the Toronto Transit Commission and the Toronto Police Services Board (CONFIDENTIAL ATTACHMENT) (FOR ACTION)(This report is about security of the property belonging to the Commission, and also involves labour relations and employee negotiations)
12. Fitness For Duty (FFD) Policy Update (CONFIDENTIAL ATTACHMENT) (FOR ACTION) (This report contains advice or communications that are subject to solicitor-client privilege)
13. Subway Station and Vehicle Cleanliness Presentation (FOR INFORMATION)
14. TTC Customer Service – Update (FOR ACTION)
15. City Service Efficiency Consultant Reviews (FOR INFORMATION)

K. Stintz (Chair), P. Milczyn (Vice-Chair), M. Augimeri, V. Crisanti, F. Di Giorgio, 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. Frost (Acting Deputy General Manager – Bus), T. McPherson (Superintendent – Customer Service & Planning - Wheel-Trans), B. Leck (General Counsel - Legal), S. Blakey (Executive Director – Human Resources), M. MacRae (Director – Compensation Services), B. Ross (Director – Corporate Communications), C. Upfold (Chief Customer Service Officer), J. O’Grady (Chief Safety Officer), S. Ghaly (Program Manager – Transit Expansion), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

Nil

Commissioner Di Giorgio moved that the Commission approve the minutes from meeting no. 1938 and meeting no. 1939 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Di Giorgio carried.

Nil

Chair Stintz moved that the Commission recess to meet as the Committee of the Whole to deal with litigation or potential litigation matters, labour relations, employee negotiations, and to receive advice which is subject to solicitor-client privilege.

The motion by Chair Stintz carried.

Meeting (open to the public) – 1:00 p.m.
Committee Room 2, 2nd floor, City Hall

Chair Stintz moved that the Commission waive section 13a of the procedural bylaw relating to notice provisions for public presentations to permit deputations from B. Patterson on item 12 and A. Yule on items 12 and 14.

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

a) Chief General Manager’s Report – Periods 5, 6, 7 & 8 (May 1 to August 27, 2011)
 
Jamie Kirkpatrick
Toronto Environmental Alliance

Brian Boehlert

The commission received the deputations for information
(see item no. 3a for minute)

b) Declare Surplus – York Mills (4050 Yonge)

Alan Yule

The Commission received the deputation for information.
(see item no. 8c for minute).

c) Fitness for Duty - Policy Update

Bob Kinnear 
President/Business Agent, ATU Local 113

Brian Patterson
Ontario Safety League

The Commission received the deputations for information.
(see item no. 12 for minute).

d) TTC Customer Service - Update

Bob Kinnear 
President/Business Agent, ATU Local 113

Alan Yule

The Commission received the deputations for information.
(see item no. 14 for minute).

Nil

Nil

a) Wheel-Trans Taxi Contracts – Procurement Timelines

Commissioner Minnan-Wong moved that bullet no. 2 in the background section of the report (March to May 2012) be amended to include the international association of transportation regulators to the list of agencies to be consulted.

The Motion by Commissioner Minnan-Wong carried.

Chair Stintz moved adoption of the report, as amended.

The motion by Chair Stintz carried.

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

a) Retail Sales Tax Appeals - Status Update

The Commission:

1. Received for information the confidential attachment; and

2. Noted that the contents of the confidential attachment remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

b) Large Litigation Matters

The Commission:

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

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

3. Received this report for information purposes.

2. Presentations

a) TTC 90th Anniversary and 28 Billionth Rider

Chair Stintz spoke about the accomplishments of the ttc and the significance of these major milestones. She also took the opportunity to acknowledge the excellent work performed by so many employees over the years.  Safety, service and courtesy are the cornerstones of the ttc which have defined our past successes and continue to guide our goals for the future.  Chair Stintz concluded by touching on these values and commenting on the priority work that lies ahead.   

b) Ontario Association for Suicide Prevention – 2011 Arnold Devlin Community Service Award

John O’grady, Chief Safety Officer, presented the Commission with the Ontario Association for Suicide Prevention 2011 Arnold Devlin Community Service Award. This award was presented to the TTC by the Ontario Association for Suicide Prevention in recognition of the TTC’s long-standing commitment to suicide prevention though Employee Awareness Campaigns, the Gatekeeper training program and the recently launched Crisis Link Program.   
 
c) Air Miles – Social Change Innovation Award 

On behalf of Air Miles, Andreas soUvaliotis presented the Commission with the community and sustainability award.  In 2010 the TTC and Air Miles launched a pilot project which provided new Metropass Discount Plan customers with 150 Air Miles reward miles. Mr. Souvaliotis spoke briefly about this relatively new approach to the Air Miles Program that focuses on social change and he thanked the TTC for being an innovative partner in this exciting program.

3. Budget Matters

a) Chief General Manager’s Report – Periods 5, 6, 7 & 8 (May 1 to August 27, 2011)

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.

Approved 
 
b) TTC Capital Budget Technical Amendments 

It is recommended that the Commission:

1. Approve the technical amendments to the TTC 2011-2015 Capital Program as outlined in this report, noting that these changes can be accommodated within the approved 2011 capital budget cashflow through project under expenditures; and

2. Forward this report to the City of Toronto’s Budget Committee for approval.

Approved

c) 2012 Wheel-Trans Operating Budget – Information Request

Chair Stintz moved approval of the recommendation in the staff report, as follows:

 “It is recommended that the Commission:

 1. Note that TTC Wheel-Trans Buses currently provide approximately 40 percent of trips to customers; the remaining trips (60%) are provided through contracted accessible taxis or sedan taxis.  This is the optimal split between TTC provided services and contracted services; and

 2. Note that the TTC is attempting to secure alternative funding for the transportation of ambulatory dialysis customers who do not meet the Wheel-Trans eligibility criteria, in order to avert the discontinuance of their service in the new year, as approved by the commission at its meeting of September 16, 2011; and

 3. Forward this report to the Minister of Health and Long-Term Care for Ontario seeking confirmation of funding for all dialysis customers prior to the new year”.

 The motion by Chair Stintz carried.

Commissioner Palacio further moved that staff consider the impacts and benefits of contracting out the TTC Wheel-Trans accessible service component to achieve an 80%-20% split in order to realize savings opportunities, efficiencies and reduce city subsidy dependency that relies entirely on the property tax base.

 The motion by Commissioner Palacio carried.

4. Procurement Authorizations

NIL

5. Procurement Authorization Amendments

NIL

6. Notice of Awards

a) Notice of Award – Procurement Authorization - Toronto-York Spadina Subway Extension – Steeles West Station Contract A31-1

It is recommended that the Commission receive the notice of award of Chair Stintz, Vice-Chair Milczyn and the Chief General Manager authorizing the award of a contract to Walsh Construction Company Canada in the amount of $165,925,000.00 for Contract A31-1, Steeles West Station. 

Received

b) Notice of Award – Procurement Authorization - Toronto-York Spadina Subway Extension – Supply of Special Trackwork and Direct Fixation Fasteners Contact A65-33

It is recommended that the Commission receive the notice of award of Chair Stintz, Vice-Chair Milczyn and the Chief General Manager authorizing the award of a contract to VAE Nortrak Ltd. in the amount of $7,139,404.41 for Contract A65-33, Supply of Special Trackwork and Direct Fixation Fasteners.

Received

c) Notice of Award – Procurement Authorization Structural Assessment and Design Services – Triennial Contract – Contract G85-294

It is recommended that the Commission receive the notice of award of Chair Stintz, Vice-Chair Milczyn and the Chief General Manager authorizing the award of contracts to the following firms in the upset limit amounts listed below, for Structural Assessment and Design Services – Triennial Contract for a three-year period, commencing from notifications of awards:

1. AECOM Canada Ltd. $2,000,000.00
2. SNC-Lavalin Inc. $2,000,000.00
3. LEA Consulting Ltd. $2,000,000.00
4. URS Architects & Engineers Canada Inc. $2,000,000.00
5. Morrison Hershfield Limited $2,000,000.00

Received

d) Notice of Approval – Election Advertising on TTC Property

It is recommended that the Commission receive the notice of approval of Chair Stintz, Commissioner Parker and the Chief General Manager authorizing:

1. A request to City Council to amend Article II, Chapter 693 of the City of Toronto Municipal Code to permit election advertising on property owned or under the control of the TTC; and

2. Forwarding this request to Licensing and Standards Committee for appropriate action.

Received

7. Service Matters

NIL

8. Other Business

a) Next Vehicle Arrival System (NVAS) – Text Messages

It is recommended that the TTC continue to provide free Next Vehicle Arrival System text messages to customers, in line with current practice, until mid-year 2012.  At that time a further report will be brought back to the Commission for discussion.

Approved

b)    Easier Access Phase III – Keele Station

It is recommended that the Commission approve retaining the current schedule to have Keele Station fully accessible by 2018 noting that the Advisory Committee on Accessible Transportation (ACAT) supports this recommendation.

Approved
 
c) Declare Surplus – York Mills (4050 Yonge)

 It is recommended that the Commission: 
 
1. Approve the method of disposal of 4050 Yonge Street, namely the transfer of the property with the exception of the areas, as shown on the plan attached as Appendix 1 to this report as an easement and as containing the existing stair and pedestrian tunnel running east to York Mills Station which property interests will be retained on title by the Toronto Transit Commission (“TTC”) in fee simple and easement, to Build Toronto (“BT”) for nominal consideration in accordance with the TTC’s by-law #2 and the City of Toronto’s (“City”) policy Principles of Real Estate Strategy and Declaration of Surplus for Sale/Transfer or Turnover to Build Toronto;
 
2. Approve the transfer and assignment of the TTC’s interests in the lease between Metropolitan Toronto, Cadillac Fairview Corporation Limited and London Life Insurance Company dated October 31, 1984 for the lease of the land for a pedestrian connection between the Yonge Corporate Centre and TTC’s York Mills Station (the “Lease”) to BT for nominal consideration as part of the transfer of 4050 Yonge Street;

3. Approve the transfer and assignment of the pedestrian connection agreement between the Cadillac Fairview Corporation Limited and the TTC entered into in February 1985, with respect to the construction and maintenance of the pedestrian connection which is the subject of the above noted Lease, to BT as part of the transfer of 4050 Yonge Street; and

4.  Authorize staff to execute the agreements necessary to convey the above noted property interests and effect the assignment and transfer of the above noted interests, in a form satisfactory to the TTC’s General Counsel.

Approved

d) Commuter Parking Pricing Strategy

It is recommended that the Commission approve the implementation of a Commuter Parking Pricing Strategy of charging a $2.00 fee after 3:00 p.m., Monday to Friday (excluding weekends and statutory holidays), effective January 1, 2012 at the lots referenced on Attachment A.

Approved

e) Transit Expansion Office Lease

It is recommended that the Commission approve the offer to lease office space at 5160 Yonge Street with The Great West Life Assurance Company and London Life Insurance Company (Landlord) under the terms detailed in this report.

Approved

f) Russell Hill Subway Train Accident of August 11, 1995 – Due Diligence Checklist Update

It is recommended that the Commission:

i) Receive for information the updated Due Diligence Checklist relating to the Russell Hill Subway Train Accident of August 11, 1995, which provides a status report on the progress toward closing the Coroner’s Jury Recommendations and the TTC’s Internal Team Recommendations.

ii) Forward this report to the Chief Coroner of Ontario, the City of Toronto, and the Province of Ontario for information.

Approved

9. New Business

NIL

10. Correspondence

C1 – TTC Chief General Manager Gary Webster in response to Olivia Chow, M.P. requesting TTC support for a private member’s bill calling on the Federal Government to establish a National Public Transit Strategy.

The Commission referred the correspondence to Chair Stintz for review during her upcoming meeting with Olivia Chow, m.p.

C2 – Sam Savona, Chair, Advisory Committee on Accessible Transportation (ACAT) forwarding minutes of ACAT meetings for the months of May, June, July and August.

The Commission received the communication for information.
 
C3 - Steve Pollock requesting an opportunity to make a deputation at the November 23, 2011 Commission meeting regarding bus noise.

The Commission referred the communication to staff to add Mr. Pollock to the deputation list for the November 23, 2011 Commission meeting.

C4 – Don Groover, Senior Vice President, Behavioural Science Technology (BST) summarizing the BST program results since the program was launched 4 years ago.

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

1. New Agreement between the Toronto Transit Commission and the Toronto Police Services Board (Confidential Attachment)

   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 consideration; 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, and information regarding labour relations and employee negotiations.

   Approved

2. Fitness for Duty (Confidential Attachment)

   Chair Stintz moved that recommendation no.1 in the staff report be amended to include the following statement at the end of the recommendation:

   “And when staff report back to the Commission on developments with this policy that it include information about the feasibility of including commissioners in the testing process”, so such recommendation now reads as follows:

   “It is recommended that the Commission:

   1. Approve additions to the FFD Policy currently in place at the TTC, which would include the introduction of random alcohol and drug testing for safety sensitive, specified management and designated executive positions; and when staff report back to the Commission on developments with this policy that it include information about the feasibility of including commissioners in the testing process”.

   The motion by Chair Stintz carried.

   Commissioner Augimeri noted her opposition to the foregoing.

   Chair Stintz moved adoption of recommendation no. 2 in the staff report.

   The motion by Chair Stintz carried.

   Chair Stintz moved adoption of recommendation no. 3 in the staff report.

   Commissioner Minnan-Wong requested a recorded vote on the foregoing motion.

   In favour: Chair Stintz, Vice-Chair Milczyn, Commissioner Crisanti, Commissioner Di Giorgio, Commissioner Palacio and Commissioner Parker.

   Opposed: Commissioner Augimeri and Commissioner Minnan-Wong.

   The motion carried on a vote of 6 to 2.

   Commissioner Augimeri further moved that staff investigate the feasibility of using non-invasive cognitive skills testing technology options that can measure levels of alertness.

   The motion by Commissioner Augimeri Carried.

3. Subway Station and Vehicle Cleanliness Presentation

   D. Dixon, Acting General Manager - Operations, provided an overhead presentation on this item.

   The Commission received the presentation and report for information.

   TTC Customer Service - UpdateIt is recommended that the Commission:

   1. Note that staff are developing a Customer Satisfaction Scorecard that will form the basis for continual reporting on a balanced set of Key Performance Indicators (KPI’s), with the first such Scorecard available in early 2012, and;

   2. Review, in partnership with, the Metropolitan Action Committee on Violence Against Women and Children (METRAC) the opportunities and risks of expanding the TTC “Request Stop” program to cover any customer who feels vulnerable, and further, to approve this change at the first opportunity should it be appropriate to do so, and;

   3, Approve a customer focused review of TTC fares and ticketing policies and procedures to address customer issues and nuisances in the run up to PRESTO electronic card acceptance across all modes and the subsequent removal of traditional TTC fare media.

   Approved

4. Service Efficiency Consultant Review Status

   It is recommended the Commission receive this report on the Consultant Service Efficiency Reviews for information, noting that:

   Received

   The meeting adjourned at 3:40 p.m.the City will formally launch the 2012 Budget Process in late November, and:

   the Commission needs to be informed before this launch, as to the issues being considered by the Consultants to understand what action staff has taken as a result of the approved September 16, 2011 Commission budget reports as well as action that staff is considering as a result of their involvement in these service efficiency reviews.

In a statement to the Commission, TTC Chair Karen Stintz congratulated the TTC and its employees on achieving two major milestones in 2011. On Sept. 1 the TTC marked its 90th anniversary as a public service in the city of Toronto. And earlier this month the TTC carried its 28 billionth rider since its inception in 1921. “The TTC improves the lives of all Torontonians, even those who are not transit users because a great transit system is the backbone of any great city,” Stintz said. Earlier in the week the TTC had honoured Kathy Dillon, who joined the Metropass Discount Plan in 1996, as its 28 billionth customer.

Commissioners approved a progress report outlining several specific recommendations for improving customer service at the TTC. TTC staff is developing a Customer Satisfaction Scorecard, working on expanding the Request Stop Program and is conducting a customer-focused review of TTC fares and ticketing policies and procedures leading up to the adoption of the GTA-wide PRESTO Farecard System.

Commissioners approved a policy change to the TTC's Fitness For Duty Policy that will include random alcohol and drug testing for safety-sensitive positions, specified management positions and designated executive positions. The current policy provides for alcohol and drug testing in certain scenarios for persons occupying or being hired into positions that are deemed to be safety-sensitive, those who oversee safety-sensitive positions, or those in designated executive management positions.

The TTC plans to introduce random testing after consulting with experts and legal counsel to design a clear, efficient and cost-effective process, and after developing a communications and training strategy.

Commissioners also directed TTC staff to investigate other technology that can measure levels of alertness, as well as including TTC Commissioners in the groups subject to testing.

Commissioners approved the award of a contract worth $165.9 million to Walsh Construction Company Canada for the construction of the subway station at Steeles Avenue/York University on the Toronto-York Spadina Subway Extension. The station will be located under the intersection of Steeles Avenue West and Northwest Gate and will include TTC and YRT bus terminals and a 1,900-space commuter lot.

Commissioners approved a $2 charge for parking after 3 p.m. at TTC commuter lots, which are currently free. Effective on Jan. 1, 2012, the TTC will charge $2 to park after 3 p.m. at the following 20 lots, which are currently free after 3 p.m.: Downsview, Ellesmere, Finch-East, Finch-West, Islington-Main, Kennedy-East, Kennedy-North, Kennedy North Service Road, Kennedy-South, Kipling-North, Kipling-South, Kipling-Subway Crescent, Lawrence East, Victoria Park, Warden-North, Warden-South, Wilson-Main, Wilson-South, Wilson-Transit Road, Wilson-West. The cash-only pricing change is expected to bring in over $400,000 a year.

Commissioners received a status report on the City Service Efficiency Reviews being conducted at the TTC. Reviews have focused on the non-revenue fleet, information technology operations, property development and leasing activities and paratransit operations. Numerous initiatives to operate more efficiently (i.e. reduced diesel fuel costs, pension solvency relief, improved workplace safety, bus fleet warranty recoveries) are already incorporated into the 2012 TTC Budgets as approved by the Commission at its Sept. 16 board meeting. The City of Toronto launches its 2012 Budget process in late November.