Board Meeting - November 21, 2012

K. Stintz (Chair), M. Adamson, 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), J. Lee (Head of Materials & Procurement), D. Garisto (Head of Property Development), A. Pace (Director – Strategic Partnerships – Transit Expansion), K. Lee (Head of Commission Services) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

A Smith, Head of Customer Communications and S. Nicastro, Special Events Assistant, were present to assist with Item 2(a) – 40 Years Long Service Acknowledgement.

Nil

Chair Stintz moved that the Commission approve the minutes from Meeting No. 1952 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 currently deferred report entitled Wheel-Trans Taxi Contracts – Procurement Timelines Update, be brought forward to the next meeting of the Commission.

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 1, 2ND Floor, City Hall

Introduction of Commissioners and Declaration of Office

Chair Stintz introduced Commissioners Maureen Adamson, Nick Di Donato, Alan Heisey and Anju Virmani who were appointed to the Toronto Transit Commission on October 30th, 2012 by Toronto City Council.
Upon completion of the introductions, B. Leck, Head of Legal & General Counsel, administered the Declaration of Office to the new Commissioners.
Election of Vice-Chair

Prior to commencing with this item, Chair Stintz took the opportunity to thank Commissioner De Baeremaeker for his support and assistance during his time as TTC Vice-Chair. Chair Stintz then directed V. Rodo, Chief Financial & Administration Officer, to call for nominations for the position of TTC Vice-Chair to be selected from among the four (4) newly appointed citizen Commissioners.

Chief Financial & Administration Officer, V. Rodo, called for nominations for the position of Vice-Chair.

Chair Stintz nominated Commissioner Adamson.

Commissioner Adamson accepted the nomination.

Commissioner Virmani nominated herself.

Having received no further nominations, the Commission agreed to conduct the vote by show of hands.

Commissioner Adamson received 7 votes.

Commissioner Virmani received 4 votes.

Having received a majority of votes from the 11 members in attendance, Commissioner Adamson was declared Vice-Chair of the Commission.

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

Alan Yule

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

b) TTC Employees Overtime and Related Expenses – Continuous Controls Monitoring

Alan Yule

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

c) New Business – Commissioner Augimeri Request for a Semi-Annual Report Detailing Shelter Bus Incidents.

Miroslav Glavic

The Commission received the deputation for information. 
(See Item No. 9(a) for minute).

d) 2013 Budget Update and Fare Increase Confirmation.

Alan Yule

Lisa Pozhke and Franz Hartmann
(Submitted Brief)

The Commission received the deputation for information.
(See Item No. 12 for minute).

Moved by: Commissioner Milczyn

That OMERS be requested to make a public presentation to the Commission by no later than the January 21, 2013 Commission meeting.

Nil

Nil

Nil

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

a) Gateway Proposal

Chair Stintz moved deferral of this item to the December Commission meeting in order to facilitate the submission of a Notice of Motion to reconsider the matter.

The motion by Chair Stintz carried.

b) Procurement Authorization – Collector Booth Security Enhancement

The Commission:

1. approved the award to Sudden Impact Glass Services Inc. in the amount of $1,570,350.01, as set out in the attached Confidential Attachment; and
2. authorized that the contents of the Confidential Attachment remain confidential in their entirety as it contains information related to the security of property belonging to the Commission.

2. Presentations

a) 40 Years Long Service Acknowledgement for January to November 2012
Chair Stintz presented the following employees with framed certificates for achieving 40 years of service at the TTC during the period January to November, 2012:

Clyde Packman
Donald Pynn
Barry Allen
Ted Galea

On behalf of the Commission, Chair Stintz thanked the recipients for their dedication and commitment to the TTC for the past 40 years.

Following the long service presentation, Chair Stintz took the opportunity to read several reports submitted by customers detailing exceptional service they received from TTC staff. The communications summarized incidents such as an operator stopping mid-stop to accommodate an elderly gentleman; an extremely efficient and courteous streetcar operator on a rainy morning; an operator who stopped his bus to retrieve a ball on the road belonging to a young girl; and an operator who was instrumental in the return of a lost package. Chair Stintz also read a thank you card sent to the members of the Advisory Committee on Accessible Transportation thanking them for all the great work they do in promoting and improving accessible transportation standards and features at the TTC.

The Commission thanked the aforementioned TTC employees, and the ACAT members, for their excellent customer service contributions.

3. Budget Matters

Nil

4. Procurement Authorizations

a) Procurement Authorization – Lawrence West Station – Key Station Accessibility – Contract A45-14

Commissioner Di Donato moved that staff be requested to review the procurement process for the purpose of incorporating a policy that has ramifications for contractors who submit bids containing errors.

The motion by Commissioner Di Donato carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

b) Procurement Authorization – Supply of Orion Hybrid Next Generation Bus Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of Orion Hybrid Next Generation (NG) Bus parts for the period of January 2013 to January 2016 to Daimler Buses North America Limited (Daimler) for an upset limit of $7,400,000.00 including applicable taxes.

Approved

c) Procurement Authorization – Toronto-York Spadina Subway Extension – Wilson Yard Modifications – Site Services Stage 1 – Contract A18-15

It is recommended that the Commission authorize the award of a contract to Bondfield Construction Company Limited (Bondfield) in the amount of $25,808,070.00 for Contract A18-15, Wilson Yard Modifications – Site Services Stage 1.

Approved

5. Procurement Authorization Amendments

Nil

6. Notice of Awards

Nil

7. Service Matters

Nil

8. Other Business

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

Chair Stintz moved deferral of this item to the December Commission meeting to enable the local Councillor and the TTC Chair to meet with Build Toronto on issues related to the future plans for this location.

The motion by Chair Stintz carried.

b) Wireless Network in the Subway System

It is recommended that the Commission:

1. Authorize the award of a contract to Broadcast Australia Pty Ltd. (BA), for the Wireless Network in the Subway System project, for a fixed fee payable to the TTC in the amount of Twenty Five Million Dollars ($25,000,000.00) over a twenty (20) year term. In addition, BA will pay the TTC an additional $8,000.00 (plus applicable taxes) fordesign review cost, per TTC existing and planned sixty one (61) underground subway stations.
2. Create the position of “Project Manager – Wireless Communications” to manage and coordinate all design and installation activities associated with the project.

Approved

c) TTC Employees Overtime and Related Expenses – Continuous Controls Monitoring

It is recommended that the Commission:

1. Receive for information the attached report from the Auditor General’s Office, City of Toronto, on the TTC Employees Overtime and Related Expenses – Continuous Controls Monitoring; and
2. Forward the report to the City Audit Committee.

Approved

d) Ashbridges Bay Streetcar Maintenance and Storage Facility Name Change

It is recommended that the Commission endorse changing the name of the new streetcar maintenance and storage facility currently being built at Leslie Street and Lake Shore Boulevard to “The Leslie Barn”.

Approved

e) Transfer of Leases to Metrolinx

It is recommended that the Commission approve:

1. The transfer and/or assignment of the sublease dated October 2009 for the second and third floors of 5160 Yonge Street between Maple Leaf Foods Inc. and the Toronto Transit Commission to Metrolinx;
2. The transfer and/or assignment of the lease dated October 2011 for the concourse level of 5150 Yonge Street between the Great West Life Assurance Company and London Life Insurance Company and the Toronto Transit Commission to Metrolinx;
3. The transfer and/or assignment of the lease dated November 2010 for the ground floor of 1848 Eglinton Avenue West for a community liaison office supporting the Eglinton Crosstown LRT project between Nathan Pila, Pola Pila and Eva Saperia and the Toronto Transit Commission to Metrolinx;
4. Funds in the amount of $50,000.00 to pay the costs associated with the transfer of the above noted sublease and leases; and
5. Authorize staff to enter into the agreements necessary to affect the transfer of the above noted sublease and leases.

Approved

f) PricewaterhouseCoopers LLP 2011 Management Letter – Follow-Up Report

It is recommended that the Commission:

1. Receive for information the attached follow-up report on the PricewaterhouseCoopers LLP (“PWC”) management letter; and
2. Forward the report to the City Audit Committee.

Approved

g) Ashbridges Bay Streetcar Maintenance and Storage Facility Employment Plan

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

Received

9. New Business

a) Moved by: Commissioner Augimeri

That TTC staff provide a semi-annual report to the Commission detailing shelter bus incidents. Each incident should detail bus route, incident type, number of buses used, service status of each bus, time of day, and estimated operating cost (aggregated for that monitoring period).

Chair Stintz moved that the requested information be reported on through the Chief Executive Officer’s Report.

The motion by Chair Stintz carried.

The Commission adopted the motion by Commissioner Augimeri, as amended.

10. Correspondence

C-1 Elsa La Rosa requesting an opportunity to appear as a deputant at the January 21, 2013 Commission Meeting regarding baby strollers on TTC vehicles and the age requirement for Pensioners Metropass.

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

C2 – Philip Webb, Cities Centre University of Toronto, in opposition to naming the streetcar facility at Ashbridges Bay “Leslie Barns” as recommended in the staff report.

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

C3 – Valdo Tammark, ACAT Chair, forwarding for information the approved minutes of the September 26, 2012 ACAT General Monthly Meeting.

The Commission received the communication for information.

C-4 – Sharon Yetman entitled Downtown Relief Line, Bloor-Yonge Station, Subway Barrier Wall with Enhanced Passenger Flow.

The Commission received the communication for information.

C-5 – Brenda Thompson, Scarborough Transit Action, in opposition to a 2013 fare increase.

The Commission received the communication for information.

(See Item No. 12 for minute).

11. TTC vs. General Electric (Confidential Attachment)

The Commission approved:

1. the recommendation as set out in the Confidential Attachment, as amended; and
2. that the Commission not authorize the release of the information in the Confidential Attachment as it contains advice which is subject to solicitor-client privilege.

12. 2013 Budget Update and Fare Increase Confirmation

Commissioner Colle moved the following motion:

That staff be requested to report back to the Commission on the cost and benefit of:

1. Extending the family pass from weekends only to 7 days a week; and
2. Implementing an “off-peak” seniors program that would explore no fare payment for seniors during off-peak hours, and/or a reduced monthly pass for seniors which would be valid during off-peak hours.

The motion by Commissioner Colle carried.

Chair Stintz moved the following motion:

That staff be requested to report back to the Commission on the cost and benefit of providing reduced fares to recipients of the Ontario Disability Support Program and the Ontario Works Program.

The motion by Chair Stintz carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

Commissioner Augimeri is noted in opposition to the main motion in the staff report.

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

Commissioner Milczyn moved deferral of this item to the December Commission meeting to allow for receipt of the Ombudsman’s Report which was referred to the Commission by City Council, and to allow for public presentations.

The motion by Commissioner Milczyn carried.

14. Ashbridges Bay Maintenance and Storage Facility Contract ABYS1-1 – Bidding Strategy

It is recommended that the Commission receive this report for information, noting that staff intend to negotiate an acceptable contract with the only pre-qualified firm, Pomerleau Inc., for the construction of the Leslie Street Connection Track and associated utility work (Contract ABYS1-1).

Received

15. TTC Corporate Policy Review – Policy 9.6 Indemnification of Commissioners from Action or Judgment

It is recommended that the Commission adopt the amended TTC Corporate Policy 9.6.3 – Indemnification of Commissioners from Action and Judgment, as attached to this report as Appendix B.

Approved

16. Materials & Procurement – 455 Gordon Baker Road

It is recommended that the Commission approve:

1. A change in the use of the leased warehouse at 455 Gordon Baker Road for inventory storage and control by the Materials & Procurement Department; and
2. Funds in the upset limit amount of $1.3M (plus applicable taxes) for tenant improvements to this leased space to meet the Materials & Procurement Department’s operational requirements.

Approved

17. Chief Executive Officer’s Report – November 2012 Update

Commissioner Heisey moved the following motion.

Subject: Bay Street Temporary and Permanent Traffic

Whereas the intersection of Bay Street and Front Street West has had 2 lane closures on Bay Street for the period of Union Station redevelopment;

Whereas the Spadina LRT has closed for track repairs and surface buses on Bay Street have replaced the LRT service increasing the volume of TTC bus service on Bay Street;

Whereas the only inbound access for GO Metrolinx buses to the Union Station Bus Terminal, the busiest bus passenger terminal in Canada, is northbound Bay Street north of Lakeshore Boulevard West; and

Whereas there are significant delays for TTC and GO bus passengers on northbound Bay Street during morning rush hour due to the Bay Street Northbound lane closures at the Front Street intersection and private motor vehicle traffic;

Be it resolved that the Public Works and Infrastructure Committee be requested to:

1. report on enacting temporary traffic restrictions on Bay Street to prohibit the movement of private motor vehicles on Northbound Bay Street between Lakeshore Boulevard West and Front Street West during morning rush hour for the period that the Bay Street Front Street west intersection is limited to one lane northbound on Bay Street
2. review on a longer term basis extending the Bay Street Clearway on northbound Bay Street from its current southerly terminus Front street west to Lakeshore Boulevard West to give transit priority access in the curbside Northbound lane of Bay Street; and
3. that the Chief Financial & Administration Officer be directed to write to Metrolinx advising of this resolution.

The motion by Commissioner Heisey carried.

Chair Stintz moved adoption of the item, as amended.

The motion by Chair Stintz carried.

The meeting adjourned at 3:50 p.m.

TTC Chair Karen Stintz officially introduced the TTC’s four new citizen Commissioners after being sworn-in at their first Commission meeting at City Hall. The Commission, now totalling 11 members, immediately voted Maureen Adamson, CEO of Cystic Fibrosis Canada, as the new Vice-Chair of the TTC (replacing Ward 38 Scarborough Centre Councillor Glenn De Baeremaeker). The other new Commissioners are: Nick Di Donato, Alan Heisey and Anju Virmani.

Commissioners approved the final 2013 TTC and Wheel-Trans Operating Budgets and the 2013-2022 TTC Capital Budget.

Commissioners also confirmed a previous approval-in-principle for a five-cent increase in the price of a single Adult token and a proportionate increase in all other fares (excluding Cash fares and children’s fares) effective on Jan. 1, 2013. A modest fare rise, in line with the rate of inflation, was required to balance the budget.

TTC ridership continues to grow with year-to-date results being 2.4 per cent above budget. The growth is being driven by strong Adult Monthly Metropass sales, which are five per cent above budget. This favourable trend should continue for the rest of the year. The ridership projection for 2012 has been increased to 514 million from a previous forecast of 511 million.

Commissioners approved the award of a contract worth $25 million over 20 years to Broadcast Australia Pty Ltd. for a wireless network in the subway system. Broadcast Australia will be required to successfully install a wireless network at a minimum of two subway stations prior to approval by the TTC for system-wide implementation.

The contract includes an additional $8,000-per-station-payment to the TTC to recover design review costs. As well, the TTC will create a project manager position to co-ordinate all design and installation activities associated with the project.

Commissioners voted in favour of naming the future streetcar maintenance and storage facility, being built at Leslie Street and Lake Shore Boulevard, as The Leslie Barn. The overall project has been developed with extensive input from the local community, and is scheduled for completion by the end of 2014.

Commissioners approved the award of a contract worth $5.9 million to Buttcon Limited for the installation of an elevator and associated easier access features at Lawrence West Station. Construction is expected to begin next year as is easier access work at Woodbine, Coxwell and St Clair West subway stations.

The TTC Board approved a motion forwarded by Commissioner Maria Augimeri requesting TTC staff to include in the CEO’s Report details regarding shelter bus incidents.