Board Meeting - December 19, 2012

K. Stintz (Chair), M. Adamson (Vice-Chair), M. Augimeri, R. Cho, J. Colle, G. De Baeremaeker, N. Di Donato, A. Heisey, P. Milczyn, J. Parker and A. Virmani (Commissioners), A. Byford (Chief Executive Officer), D. Dixon (Chief Operating Officer), S. Ghaly (Chief Capital Officer), V. Rodo (Chief Financial & Administration Officer), C. Upfold (Chief Customer Officer), B. Leck (Head of Legal & General Counsel), B. Ross (Executive Director of Corporate Communications), O. Kobylansky (Head of Bus Transportation), A. Pace (Head of Strategic Partnerships – Engineering, Construction & Expansion), B. Hughes (Head of Farecard Team), T. McPherson (Manager – Customer Service and Planning, Wheel-Trans), S. Florindi (Senior Project Manager – Engineering, Construction & Expansion), K. Lee (Head of Commission Services) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

Nil

Chair Stintz moved that the Commission approve the minutes from Meeting No. 1953 and that the Chair and Chief Financial & Administration Officer be authorized to sign the same.

The motion by Chair Stintz carried.

Chair Stintz moved that the OMERS public presentation requested by the Commission under Notice of Motion at the November 21, 2012 meeting be brought forward to the February 25, 2013 meeting.

The motion by Chair Stintz carried.

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) – 1:05 p.m.

Committee Room 2, 2ND Floor, City Hall

a) Notice of Motion – Gateway Lease

Samuel Davis
President & CEO, International News

Warren Smagaren
VP Real Estate, Construction & Acquisitions
The Davis Group
International News, Pure Health, Fit for Life

The Commission received the deputations for information.
(See Notice of Motion for minute).

b) Modernizing the TTC – A New Approach to Communications, Community Relations and Property Coordination_for Construction Projects

Councillor Mary Fragedakis
City of Toronto

Councillor Janet Davis
City of Toronto

Lisa Dymond

Erin Wallace

Nicole Ladanyi

The Commission received the deputations for information.
(See Item No. 2(b) for minute).

c) Yonge/Eglinton – Transfer of Lease Holds to Build Toronto

Alan Yule

The Commission received the deputation for information.
(See Item No. 8(b) for minute).

d) Auditor General’s Report – Review of Wheel-Trans Services – Sustaining Level and Quality of Service Requires Changes to the Program

Councillor Denzil Minnan-Wong
City of Toronto

Councillor Janet Davis
City of Toronto

The Commission received the deputations for information.
(See Item No. 8(c) for minute).

e) Wheel-Trans Taxi Contracts – Procurement Timelines Update

Councillor Denzil Minnan-Wong
City of Toronto

John Nunziata

Andrew Whiteley

General Manager – City Taxi
(Submitted brief)

Peter Rosenthal

Hubert Leach

Mohammad-Reza Hosseinioun

Abdi Dirshe

The Commission received the deputations for information.
(See Item No. 8(d) for minute).

f) Chief Executive Officer’s Report – December 2012 Update

Alan Yule

The Commission received the deputation for information.
(See Item No. 13 for minute).

a) Moved by: Chair Stintz

That the Commission re-open Report 8(d) (Gateway Lease) which was adopted by the Commission at its meeting of October 24, 2012, for the purpose of considering further options with respect to this tenancy opportunity, and that this Report be brought forward to the Commission Meeting of January 21, 2013.

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

b) Moved by: Chair Stintz

That the Commission re-open Report 8(d) entitled “Ashbridges Bay Streetcar Maintenance and Storage Facility Name Change” from the November 21, 2012 meeting for the purpose of changing the approved name from “Leslie Barn” to “Leslie Barns”.

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

Commissioner Parker communication to Commissioners proposing an alternative to the station name “Black Creek Pioneer Village Station” which was approved by the Commission at its September 27, 2012 meeting under Report 8(a) – “TYSSE – Station Names in Toronto”.

Chair Stintz requested a two thirds vote be undertaken to allow the communication to be added to the agenda.

A two thirds vote did not carry and the subject communication was not added to the agenda.

Nil

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

a) Gateway Proposal

Chair Stintz moved deferral of this item to the January Commission meeting to coincide with reconsideration of the Gateway Lease report as per the Commission’s Notice of Motion decision set out above.

The motion by Chair Stintz carried.

2. Presentations

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

T. McPherson, Manager – Customer Service and Planning, Wheel-Trans, joined Chair Stintz in presenting plaques and framed certificates of appreciation to retiring ACAT members Mazin Aribi, Scott McArthur, Carol Anne Monet, Anna Noviss and Angela Robeiro.

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 candidates to the Advisory Committee on Accessible Transportation, commencing their term on January 1, 2013 and ending December 31, 2015 (See Appendix A);
2. approve the appointment of one candidate for a one-year term as a replacement for a member who resigned, commencing the term on January 1, 2013 and ending December 31, 2013;
3. approve the appointment of three 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 2014 new vacancies; and
4. present the retiring five 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)”.

Following the ACAT presentations, Chair Stintz took the opportunity to read four letters from TTC customers acknowledging specific Operators, both on the conventional and Wheel-Trans systems, for their great work. The letters provided accounts of specific actions taken by these employees in a variety of different situations, and each concluded with a comment of appreciation to the TTC for having such excellent customer service ambassadors.

The Commission thanked the subject employees for their excellent customer service contributions.

b) Modernizing the TTC – A New Approach to Communications, Community Relations and Property Coordination for Construction Projects

Prior to commencing with this item, Fiona Crean, Ombudsman, City of Toronto, presented her report entitled “Tunnel Vision: An Investigation into the Toronto Transit Commission Second Exit Project at Donlands and Greenwood Stations”. Following the Ombudsman’s presentation, Anna Pace, Head of Strategic Partnerships, Engineering, Construction & Expansion Group, provided a PowerPoint presentation on this item. The Commission received the presentations for information.

Commissioner Milczyn moved referral of the following four recommendations contained in Lisa Dymond's deputation to the Chief Executive Officer for report back to the February 2013 Commission meeting:

1. That the project budget be suspended until an appropriate solution has been reached;
2. That a project mandate be introduced that articulates the need for a balance of engineering and community needs;
3. That a revised process receive oversight by a third party with the appropriate engineering, urban design and community-issue expertise; and
4. That any decision about a location of a second exit be brought back to the Commission before it is finalized.

The motion by Commissioner Milczyn carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

3. Budget Matters

2012 In-Year Technical Capital Budget Adjustments

It is recommended that the Commission:

1. approve in-year technical budget adjustments resulting in the deferral of $326.898 million from the approved 2012 budget into future year cash flow commitments (including related funding impacts) as outlined in Appendix A attached;
2. approve the application of additional funds from maturing reserve accounts including a net increase of $1.189 million in the Ontario Rolling Stock Infrastructure Funding (ORSIF) Reserve Funds XR3024 and an increase of $0.048 million in the Golden Horseshoe Transit Investment Partnership (GTIP) Reserve Funds XR3023;
3. forward this report to the City of Toronto for Council approval.

Approved

4. Procurement Authorizations

a) Procurement Authorization – Miscellaneous Construction Services Triennial Contract G60-210

It is recommended that the Commission authorize the award of Miscellaneous Construction Services Triennial contracts to the following four companies in the upset limit amounts of:

Bridgecon Construction Ltd. (Bridgecon) $ 7,500,000.00
The State Group Inc. (State) 7,500,000.00
Servocraft Limited (Servocraft) 7,500,000.00
Trist Construction Limited (Trist) _ 7,500,000.00

Total Upset Limit Amount $30,000,000.00

Approved

5. Procurement Authorization Amendments

6. Notice of Awards

Notice of Award – Procurement Authorization Amendment – Toronto-York Spadina Subway Extension – Finch West Station – Contract A27-1 – Contract Change No. 57

It is recommended that the Commission receive the notice of award of Chair Stintz, Vice-Chair Adamson and the Chief Executive Officer:

1. Authorizing Contract Change No. 57 to Bondfield Construction Company Limited, in an amount up to $2,958,587.03.
2. Authorizing staff to finalize and execute an agreement for reimbursement to the TTC of the full costs associated with Contract Change No. 57 with Metrolinx, on terms acceptable to the TTC General Counsel.

Received

7. Service Matters

8. Other Business

a) The Leslie Barn Streetcar Maintenance and Storage Facility – Project Status
Update No. 2.

It is recommended that the Commission receive this report on the status of The Leslie Barn project for information, noting that:

1. TTC staff continue to meet with staff from the City of Toronto and Waterfront Toronto to fulfil the terms of the Notice of Approval Conditions (NOAC) associated with the Site Plan Application issued for the main facility and yard;
2. Consultations with local businesses and residents on the streetscape design have been well received. Consultations regarding the construction phasing are underway. A strategic communication plan is in development;
3. The procurement process for Contract ABYS1-1, Leslie Street Connection Track, has commenced; and
4. This report is being forwarded to the Planning, Technical Services, Transportation Services, and Water Divisions of the City of Toronto, and Councillors McMahon and Fletcher, as required by the NOAC.

Received

b) Yonge/Eglinton – Transfer of Leaseholds to Build Toronto

Chair Stintz moved deferral of this item for 6 months to provide sufficient time to work through various property-related issues.

The motion by Chair Stintz carried.

c) Auditor General’s Report – Review of Wheel-Trans Services – Sustaining Level and Quality of Service Requires Changes to the Program

Jeff Griffiths, Auditor General, City of Toronto, Alan Ash, Auditor General’s Office and Jane Ying, Auditor General’s Office provided a PowerPoint presentation on this item. The Commission received the presentation for information.

Chair Stintz moved referral of the Auditor General’s report to the Advisory Committee on Accessible Transit and the TTC's Audit Committee for a review to be completed by the April 2013 Commission Meeting, before being forwarded to the City's Audit Committee.

The motion by Chair Stintz carried.

Chair Stintz also took carriage of the following motion on behalf of Councillor Janet Davis:

“That the CEO be requested to include in the review of Community Bus routes a public consultation process that includes the current users and other stakeholders, and such consultation be accessible in its methods, location and times to accommodate current users”.

The motion by Chair Stintz carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

d) Wheel-Trans Taxi Contracts – Procurement Timelines Update

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

1. That staff be directed to undertake a new RFP for taxi contract services, and that the process have oversight provided by a Fairness Commissioner; and
2. That the Chief Executive Officer be authorized to extend the current contracts, if necessary, for a period of up to 6 months, and that the current upset contract limits be adjusted proportionately, subject to satisfactory discussions with the existing contractors on the extension period.
   Commissioner Colle noted in opposition to the foregoing.

The motion by Chair Stintz carried. Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

e) Russell Hill Subway Train Accident Status Update on Recommendations

It is recommended that the Commission:

1. Receive for information the implementation status of outstanding recommendations into the Russell Hill Subway Train Accident of August 11, 1995.
2. Forward this report to the Chief Coroner of Ontario, the City of Toronto, and the Province of Ontario for information.

Approved

f) Outstanding Commission Items

It is recommended that the Commission receive for information the updated list of outstanding Commission items for the period up to and including the meeting of November 21, 2012.

Received

g) 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 2013.

Approved

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

It is recommended that the Commission approve the attached proxy to exercise the 1,000 Toronto Transit Commission shares in Toronto Transit Infrastructure Limited for any Toronto Transit Infrastructure Limited Shareholders Meeting that is held during the year 2013.

Approved

9. New Business

10. Correspondence

C1 - City Clerk’s Office forwarding for consideration the Ombudsman’s Investigation Report “Tunnel Vision: An Investigation into the Toronto Transit Commission Second Exit Project at Donlands and Greenwood Stations” adopted by Council at its meeting on October 30, 31 and November 1, 2012.
The Commission received the communication for information.
(See Item No. 2(b) for minute).

C2 – Spiros Bastas, General Manager, Royal Taxi, regarding extending the existing Wheel-Trans taxi contracts.
The Commission received the communication for information.
(See Item No. 8(d) for minute).

C3 – Alan Yule requesting an opportunity to make a presentation to the Commission on “Accessibility Standards and Presentation in our Standard TTC Fleet”.
The Commission received the communication for information and referred the correspondence to staff for appropriate action.

11. The Leslie Barn Streetcar Maintenance and Storage Facility – Contract ABYS1-1 – Leslie Street Connection Track – Update (Confidential Attachment)

The Commission:

Received a confidential verbal update regarding The Leslie Barn Streetcar Maintenance and Storage Facility – Contract ABYS1-1 – Leslie Street Connection Track.
Noted that the information provided in the confidential verbal update is to remain confidential in its entirety, as it relates to the security of the property of the municipality or local board and contains information that is subject to solicitor-client privilege.

B. Hughes, Head of Farecard Team, provided a PowerPoint presentation outlining the contract signed between Metrolinx and the TTC with respect to the PRESTO farecard system.

The Commission received the presentation for information.

13. Chief Executive Officer’s Report – December 2012 Update

Commissioner Heisey moved the following motion.

That staff be directed to review with the City of Toronto and Metrolinx the possibility of extending the use of the Presto card to an integrated Toronto Island Ferry fare system based on the TTC fare system (i.e. one Island Adult Ferry ticket equals two TTC single Adult TTC fares), to support the Island Ferry system, and as a potential cost saving initiative for the City of Toronto, and to report back on the results of that review.

The motion by Commissioner Heisey carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

14. Procurement Authorization Toronto-York Spadina Subway Extension Design, Supply and Testing of Subway Ventilation Fan Assemblies Contract A60-18

It is recommended that the Commission authorize the award of a contract to Twin City Clarage Inc. in the amount of $13,966,528.80 for Contract A60-18, Design, Supply and Testing of Subway Ventilation Fan Assemblies.

Approved

The meeting adjourned at 6:05 p.m.

Commissioners approved a report outlining a new approach to communications, community relations and property acquisition for construction projects. The TTC recognizes that greater attention and resources are required to improve communications and address community concerns related to construction projects. Actions have already been implemented to address recommendations in the Ombudsman Report to City Council dated October 2012.

That report, Tunnel Vision: An Investigation into the Toronto Transit Commission Second Exit Project at Donlands and Greenwood Stations, was received by the TTC Board and referred to the CEO to report back at the February 2013 Commission meeting on the ability to implement four recommendations brought forward by members of the affected community. Those recommendations are: that the project budget be suspended until an appropriate solution has been reached; that a project mandate be introduced that articulates the need for a balance of engineering and community needs; that a revised process receive oversight by a third party with the appropriate engineering, urban design and community-issue expertise; and that any decision about a location of a second exit be brought back to the Commission before it is finalized.

Commissioners received a report and presentation by the City's Auditor General titled, Review of Wheel-Trans Services – Sustaining Level and Quality of Service Requires Changes to the Program. The audit assesses the effectiveness and efficiency of the paratransit operation and contains 22 recommendations for improvement.

The TTC Board referred the report to the Advisory Committee on Accessible Transit and the TTC's Audit Committee for a review to be completed by the April 2013 Commission Meeting, before being forwarded to the City's Audit Committee.

Commissioners also moved that the CEO be requested to include in the review of Community Bus routes a public consultation process, which includes current users and other stakeholders and that consultation be accessible in its methods, location and times to accommodate current users.

Commissioners voted to direct TTC staff to undertake a new RFP (Request For Proposal) for taxi contract services, and that the process have oversight provided by a Fairness Commissioner. The motion also directed that the TTC CEO be authorized to extend the current contracts, if necessary for a period of up to six months, and that the current upset contract limits be adjusted proportionately, subject to satisfactory discussions with existing contractors on the extension period.

The CEO Report noted two significant milestones were recently achieved. On Nov. 15, the TTC officially unveiled its first next-generation streetcar test vehicle. The new vehicles will transform the customer experience and make the streetcar network wheelchair and scooter accessible. On Nov. 28, the TTC and Metrolinx signed two master agreements: one agreement that enables the TTC to operate Toronto's four future LRT lines and one agreement that adopts the Presto farecard system across the transit system.

The Commission named six new members to the Advisory Committee on Accessible Transit (ACAT): Susan Davidson, Fay Fuerst, Craig Nicol, Tim Rose and Sam Savona. They will begin their three-year terms on Jan. 1, 2013. Adam Cohoon also joined for a one-year term. The board thanked outgoing members: Mazin Aribi, Scott McArthur, Carol Anne Monet, Anna Noviss and Angela Rebeiro.

ACAT is comprised of Toronto citizens who advise members of the TTC on difficulties faced by people with disabilities and seniors, and recommends the elimination of barriers to accessible public transit.