Board Meeting - July 23, 2014

M. Augimeri (Chair), M. Adamson (Vice-Chair), R. Cho, J. Colle, N. Di Donato, A. Heisey Q.C., J. Parker, J. Pasternak and K. Stintz (Members), A. Byford, S. Ghaly, R. Leary, V. Rodo, G. Shortt, C. Upfold, B. Ross, J. Taylor, B. Leck, M. Atlas, J. Lee, M. Piemontese, K. Watson, D. LoPresti, V. Dabrus, K. Lee and D. McDonald.

M. Boscariol (Chair’s Office), A. Drennan (Commissioner Stintz’s Office) and J. Czajka (Deputy Mayor Kelly’s Office) were also present.

M. McAree, Willms & Shier, was present for Item (a).

M. Augimeri was in the Chair.

The meeting re-convened in public at 1:07 p.m.

M. Augimeri (Chair), M. Adamson (Vice-Chair), R. Cho, J. Colle, G. De Baeremaeker, N. Di Donato, A. Heisey Q.C., J. Parker, J. Pasternak and K. Stintz (Members), A. Byford (Chief Executive Officer), S. Ghaly (Chief Capital Officer), R. Leary (Chief Service Officer), V. Rodo (Chief Financial & Administration Officer), G. Shortt (Chief Operating Officer), C. Upfold (Deputy Chief Executive Officer & Chief Customer Officer), B. Ross (Executive Director of Corporate Communications), J. Taylor (Chief of Staff), B. Leck (Head of Legal & General Counsel), J. Lee (Head of Materials & Procurement), M. Atlas (Senior Solicitor), J. Kelly (Director – Third Party, Planning and Property), J. MacDonald (Project Manager – Construction Department), K. Watson (Senior Manager – Wheel-Trans), M. Piemontese (Director – Project Procurement), D. LoPresti (Transit Planner System Accessibility – Wheel-Trans), K. Lee (Head of Commission Services) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

M. Augimeri was in the Chair.

(a) Introduction of Commissioner J. Pasternak and Declaration of Office

Chair Augimeri introduced Commissioner J. Pasternak who was appointed to the TTC Board by City Council at its meeting of July 7-10, 2014.

Upon completion of the introduction, B. Leck, Head of Legal & General Counsel, administered the Declaration of Office.

Nil

Vice-Chair Adamson moved that the Board approve the minutes from Meeting No. 1974 and that the Chair and Chief Financial & Administration Officer be authorized to sign the same.

Moved by Commissioner Stintz:

That the minute relating to correspondence Item No. 10/C6 submitted by Mr. Chi Ma regarding the McNicoll Bus Garage, which was received and referred to staff, be amended to include that the correspondence has subsequently been withdrawn by Mr. Chi Ma.

Approved

Chair Augimeri moved that the Board 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.

Nil

1. Installation of Speed Humps on the 404 East York Community Bus Route (request from June 24, 2014 Board meeting)
   Councillor Janet Davis
   City of Toronto
   (submitted brief)
   The Board referred the item to staff for report back to the August Board meeting.
2. Improving and Standardizing the Message Presented on TTC Surface Vehicles (request from June 24, 2014 Board meeting)
   Alan Yule
   The Board received the deputation for information.
3. Notice of Motion – TTC and Metrolinx Boards: Cross Appointments
   Alan Yule
   Hamish Wilson
   The Board received the deputation for information.
   (See Notice of Motion for minute).
4. Item Deferred to Permit Debate – Response to TTC Board Motion Regarding the Use TTC Would Make of an Additional $100 Million in Capital Funding
   Miroslav Glavic
   Hamish Wilson
   The Board received the deputation for information.
   (See Item Deferred to Permit Debate for minute).
5. Chief Executive Officer’s Report – July 2014 Update
   Miroslav Glavic
   Alan Yule
   Brian Boehlert
   The Board received the deputations for information.
   (See Item 3(a) for minute).
6. McNicoll Bus Garage Transit Project Assessment Study
   Christopher Williams, Aird & Berlis, LLP
   (on behalf of the Mon Sheong Foundation)
   Patricia Sinclair
   Coalition Against McNicoll Bus Garage
   Dr. Sanson
   Dr. Karen Fung
   May Wong
   Vincent Ching
   (submitted brief)
   Richard Leung
   (submitted a petition)
   Mark Burke
   Dr. Lisa Chan
   Monty McDonald
   The Board received the deputations for information.
   (See Item 8(a) for minute).
7. New Business – Subway Line between Downsview Station and Sheppard Station
   Miroslav Glavic
   The Board received the deputation for information.
   (See New Business Item for minute).

TTC and Metrolinx Boards: Cross Appointments
The Board deferred this item to the August meeting to allow Board members an opportunity to provide alternative suggestions for improved dialogue between the TTC and Metrolinx Boards.

Nil

Nil

Nil

• Response to TTC Board Motion Regarding the Use TTC Would Make of an Additional $100 Million in Capital Funding
  Commissioner Heisey moved the following motion:

The Toronto Port Authority has requested federal and provincial funding in the amount of $100 million for infrastructure enhancements to improve access and traffic congestion in the area surrounding Billy Bishop Toronto City Airport -- a facility that served 2.3 million travelers in 2013.

In 2013, the TTC provided 525 million trips to travelers, and this is projected to increase to 537 million trips this year. This represents an increase of over 30 per cent since 2000. Not only has the TTC’s total volume of travel been increasing consistently for almost two decades, but transit’s share of all trips made in Toronto has also been increasing. A shift to transit reduces congestion, reduces harmful emissions and GHG’s, and leads to more-efficient land uses and more productive use of infrastructure.

However, the TTC’s ability to attract more of Toronto’s travel is currently constrained by a shortage of garage capacity. Without the ability to house and maintain more buses, the TTC is unable to provide substantively more capacity on existing services or to introduce new and innovative services such as a network of express bus services or a network of high-frequency bus routes. The TTC’s planned next garage is currently underfunded by $100 million. The sooner this garage is completed, the sooner these new services can be introduced.
In consideration of the foregoing, be it resolved that:

1. The TTC request the federal and provincial governments to invest available infrastructure funding, in the amount of $100 million, in the TTC’s next planned bus garage, in order to maximize the effectiveness of its investment targeted at reducing congestion in Toronto, providing improved access to employment and educational opportunities, and reducing pollution and greenhouse gases; and
2. The Board authorize the Chair to write to the Ontario Minister of Transportation in the Provincial Government and the Federal Minister of Infrastructure, Communities and Intergovernmental Affairs forwarding this resolution and request a meeting with both Ministers to make a request for the $100 million in infrastructure funding for the TTC bus garage.

The motion by Commissioner Heisey carried.

The Board adopted the item, as amended.

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

See Supplementary Agenda Item No. 11.

2. Presentations

NIL

3. Budget Matters

Chief Executive Officer’s Report – July 2014 Update
It is recommended that the TTC Board 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.
Approved

4. Procurement Authorizations
• Procurement Authorization – Project Management Services – Contract G85-316
  It is recommended that the Board authorize the award of Contract G85-316 for Project Management Services to the following companies in the upset limit amounts in Canadian funds indicated below, with a duration of five years from the Notification of Award, on the basis of highest total weighted scores:
  AECOM Canada Ltd. (Aecom) $22,500,000.00
  Delcan – HMM Joint Venture (Delcan-HMM) $22,500,000.00
  Total Overall Upset Limit Amount $45,000,000.00
  Approved
• Procurement Authorization – Wilson Yard Expansion Project – Contract Award AW85-4
  It is recommended that the Board authorize:
  1. The award of Contract AW85-4, Wilson Yard Expansion Project to Bondfield Construction Company Limited in the amount of $230,718,089.00, including HST on the basis of lowest Total Evaluated Bid Price. The proposed award amount includes the following:
      Construction and project management responsibilities for the Wilson Yard project in the amount of $7,393,138.00, including HST,
      The assumption of 3 existing contracts in the estimated amount of $50,523,091.00, including HST,
      The scope of work under contract A18-20, Wilson Yard Modifications – Site Services Stage 2 in the amount of $23,404,560.00, including HST, and
      An allowance of $149,397,300.00, including HST for future work.
  2. Delegate its authority for approval of the execution of future phase agreements to the Chief Executive Officer for the expenditure of the allowance in the amount of $149,397,300.00, including HST.
     

     Approved

5. Procurement Authorization Amendments
• Procurement Authorization Amendment – Supply of Microsoft Software
  It is recommended that the Board authorize the issuance of a contract amendment with Compugen Inc., for the Supply of Microsoft Software, to increase the upset limit amount by $5,000,000 resulting in a revised upset limit amount of $11,500,000.
  Approved
• Procurement Authorization Amendment – Bus Servicing and Cleaning
  It is recommended that the Board authorize:
  1. The issuance of contract amendments for Bus Servicing and Cleaning to extend the term of the existing contracts from December 28, 2014 to December 28, 2017 and increases in the current upset limit amounts as follows:
     • Topnotch Building Maintenance Ltd. (Topnotch), Purchase Order No. C32PZ12877, in the amount of $23,000,000.00 increasing the total upset limit amount from $9,403,595.90 to $32,403,595.90 at four bus garage locations (Malvern, Wilson, Arrow Road and Eglinton);
     • Hallcon Corporation (Hallcon), Purchase Order No. C32PZ12878, in the amount of $15,500,000.00 increasing the total upset limit amount from $7,795,000.00 to $23,295,000.00 at three bus garage locations (Mt. Dennis, Birchmount and Queensway);
  2. Delegation of its authority to the Chief Executive Officer to authorize future contract amendments as applicable to increase the upset limits of the contracts with Topnotch and Hallcon for increases in bus servicing and cleaning requirements as a result of the planned increases in TTC’s bus fleet size during the term of the contracts; and
  3. Delegation of its authority to the Chief Executive Officer to authorize contract amendments to the contracts with Topnotch and Hallcon to reallocate the TTC’s garages to be serviced between the two contractors during the term of the contracts.
     Approved
• Procurement Authorization Amendment to the Toronto Rocket Train Sets – Purchase Order No. C31PD05761
  It is recommended that the Board authorize staff to:
  1. Proceed with a Purchase Order Amendment to the Toronto Rocket (TR) Subway Train Contract with Bombardier Transportation Inc. (Bombardier) for the retrofit of the TR fleet with low ceiling handholds in the amount of $4,309,070.81 CDN, and external door chimes in the amount of $10,936,249.61 CDN. The total aggregate of the two changes is $15,245,320.42 inclusive of all applicable taxes;
  2. Settlement of items shown in Table B totalling $14,781,041.02 as a result of the commercial settlements with Bombardier, resulting in a net increase in this contract of $464,278.58 including applicable HST.
     Approved
6. Notice of Awards

NIL

7. Service Matters

NIL

8. Other Business

a) McNicoll Bus Garage Transit Project Assessment Study

J. MacDonald, Project Manager, TTC Construction Department, provided a PowerPoint presentation on this item. R. Ashby, City of Toronto Planning Department was also present for this presentation.

Commissioner Stintz moved the following motion:

That the Commission prioritize making the TTC system fully accessible by 2025 before any funds for the McNicoll bus garage are allocated.

Commissioner Heisey moved the following amendment to Commissioner Stintz’s motion:

That the words “before any funds for the McNicoll bus garage are allocated” be deleted and replaced with the following:

“and that staff report back to the next meeting on potential deferrals of capital funding items to enable TTC to fulfill its commitment to a fully accessible system before 2025”, so such motion now reads as follows:

“That the Commission prioritize making the TTC system fully accessible by 2025 and that staff report back to the next meeting on potential deferrals of capital funding items to enable TTC to fulfill its commitment to a fully accessible system before 2025”.

Commissioner Stintz on a Point of Order requested a ruling from the Chair on whether Commissioner Heisey’s motion is considered an amendment to her motion.

Chair Augimeri ruled that Commissioner Heisey’s motion is not an amendment to Commissioner Stintz’s motion, but rather its own stand-alone proposed action that can be considered at the August Board meeting if the mover agrees.

Commissioner Heisey agreed and his motion was withdrawn.

Chair Augimeri called for a vote on Commissioner Stintz’s motion.

The motion by Commissioner Stintz lost.

Commissioner Colle moved the following motion:

Direct staff to explore the possibility of creating a continuous property for the Scarborough Chinese Baptist Church by transferring their parking lot to the TTC employee parking lands.

The motion by Commissioner Colle carried.

Commissioner De Baeremaeker moved the following motion:

TTC, in consultation with the Toronto Planning Department and the Toronto Atmospheric Fund, maximize its greening initiatives and attempt to minimize its environmental impact of the McNicoll Garage, including:

a) a green roof on its building in excess of the minimum green development standards;
b) maximizing tree canopy on the site;
c) minimizing or eliminating storm water run-off from the site; and
d) roof-top photovoltaic cells

The motion by Commissioner De Baeremaeker carried.

Commissioner Cho moved the following motion:

Request staff to discuss with the Toronto Board of Health to ensure there are no community health issues and to bring back the result of the discussion to the TTC.

The motion by Commissioner Cho carried.

Chair Augimeri requested a recorded vote on the item, as amended.

In favour: M. Augimeri, M. Adamson, R. Cho, J. Colle, G. De Baeremaeker, N. Di Donato, A. Heisey, J. Parker and J. Pasternak

Opposed: K. Stintz

Absent: A. Virmani

The item carried, as amended.

b) Free Wi-Fi on all TTC Buses and Streetcars

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

Received

c) Outstanding Board Items

It is recommended that the Board receive for information the updated list of outstanding Board items for the period up to and including the meeting of June 24, 2014.

Received

d) Toronto-York Spadina Subway Extension Project – Sale of Tunnel Boring Machines and Auxiliary Equipment

This item was withdrawn. See also correspondence Item No. 10/C6

9. New Business

a) Subway Line between Downsview Station and Sheppard Station

Submitted by Commissioner Pasternak:

Whereas, the transit route between the Downsview Station and Yonge Street and Sheppard Avenue represents a vital link between the two main north-south subway routes in Toronto;

Whereas, a process is well underway to intensify Sheppard Avenue and Yonge and Sheppard to ensure steady ridership for subway expansion;

Whereas, York University students and other commuters travelling from east of Yonge Street lack connectivity when travelling to the northbound extension – or southbound route of the University-Spadina Subway Line;

Whereas, the transit route between the Downsview Station and Yonge and Sheppard represents an essential connection between the $2.9 billion subway extension from Downsview Station to Vaughan City Centre and the $1 billion subway section built between
Yonge Street and York Mills Station;

Whereas, Toronto City Council voted to declare this route a substantive project priority for Phase 2 Metrolinx funding on May 9, 2013; and

Whereas, by completing the connection between Downsview Station and Yonge Street and Sheppard Avenue this will represent a key part of the strategy of building the Yonge Street subway line north of Finch Avenue and into the City of Vaughan;

Therefore, be it resolved that the TTC Chief Executive Officer provide the TTC Board with a briefing note to address some of the following matters regarding the transit link between Downsview Station and Yonge Street and Sheppard Avenue:

1. Whether an environmental assessment was ever conducted for this area and whether such can be used in today’s legislative environment.
2. To what extent digging/boring has been completed westbound along Sheppard Avenue and eastbound from Downsview Station and whether such digging also houses tracks.
3. What the estimated costs and timeline would be for an environmental assessment for a subway system to be constructed between these two points.
4. What the estimated costs of such a subway construction project would be based on various scenarios of stations.
5. A brief analysis of best approaches to handle the challenge of the bridge that currently runs above the Don River West Branch and Earl Bales Park and how a subway could be built across it.

Approved

10. Correspondence

C1 – Susan Davidson, ACAT Chair, forwarding the approved minutes of the May 29, 2014 ACAT General Monthly meeting.

The Board received the communication for information.

C2 – Commissioner Heisey forwarding letter from Toronto Port Authority to the Federal Minister of Infrastructure and the Federal Minister of Finance with regard to infrastructure improvements around Billy Bishop Toronto City Airport and a related request for funding.

The Board received the communication for information.
(See Item Deferred from Last Meeting for minute).

C3 – Patricia Sinclair, Councillor Candidate, Ward 39 regarding the McNicoll Bus Garage Transit Project Assessment Study.

The Board received the communication for information.
(See Item 8(a) for minute).

C4 – Jim Karygiannis, Councillor Candidate, Ward 39, regarding the McNicoll Bus Garage Transit Project Assessment Study. Correspondence also included an e-petition received by the Chief Financial & Administration Officer totaling 1700 respondents.

The Board received the communication and e-petition for information.
(See Item 8(a) for minute).

C5 – Spiros Bastas, President, Accessible Transportation Association of Ontario regarding Wheel-Trans Accessible Taxi Contracts – Job Action.

The Board received the correspondence without recommendations.

Chair Augimeri subsequently moved that the Board reconsider this item in accordance with Section 50(c) of the By-law to Govern Commission Proceedings.

The motion to reconsider the matter carried having received a required two-thirds vote of the members present.

Chair Augimeri moved that the Board refer the communication to staff to meet with the contractors and to report back to the August meeting.

The motion by Chair Augimeri carried.

C6 – Cong Shan (Jeff) Guo, Sales Manager, Lovsuns Tunneling Canada Ltd., regarding withdrawal of a Letter of Intent to purchase four tunnel boring machines from the TTC.

The Board received the correspondence for information.
(See Item 8(d) for minute).

C7 – Councillor Mike Layton, City of Toronto, requesting the TTC consider a new express bus route to address the needs of Liberty Village and the Niagara neighbourhood.

The Board referred the communication to staff for further action.

C8 – Christopher Williams, Aird & Berlis LLP on behalf of the Mon Sheong Foundation, regarding the McNicoll Bus Garage Transit Project Assessment Study.

The Board received the communication for information.
(See Item 8(a) for minute).

C9 – Denis Lanoue regarding the McNicoll Bus Garage Transit Project Assessment Study.

The Board received the communication for information.
(See Item 8(a) for minute).

C10 – Councillor Paula Fletcher, City of Toronto, requesting the TTC consider a routing and schedule change for the 83 Jones route to assist residents at the Blake Boultbee Community Housing complex.

Chair Augimeri moved that in accordance with Section 7(a) of the By-law to Govern Commission Proceedings the Board waives Section 36 of the by-law to allow the subject correspondence to be added to the agenda as the 4:00 p.m. deadline the day prior to the meeting was not met.

The motion to add the item to the agenda carried having received a required two-thirds vote of the members present.

The Board subsequently referred the communication to staff for further action.

11. 640 Lansdowne Avenue - Update

It is recommended that:

1. The Board approve the recommendation as set out in the Confidential Attachment; and
2. The information as set out in the Confidential Attachment remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

Approved

The meeting adjourned at 5:10 p.m.

TTC Chair Maria Augimeri began the TTC Board Meeting by welcoming new Commissioner James Pasternak, Councillor for Ward 10 York Centre. He replaces Councillor Peter Milczyn, who was elected to serve as MPP for Etobicoke-Lakeshore on June 12. Pasternak was sworn in by TTC Head of Legal, Brian Leck.

After hearing numerous deputations from Scarborough residents concerning the TTC’s proposal for a new bus garage, the Board approved the McNicoll Bus Garage Draft Environmental Project Report. Board Members also approved several motions, including:

• Exploring the possibility of a “land swap” of parking lot properties with the neighbouring church to create a continuous property for the Scarborough Chinese Baptist Church and the TTC facility.
• Consulting with City Planning, the Toronto Board of Health and the Toronto Atmospheric Fund to maximize greening initiatives and attempt to minimize the environmental impacts of the garage through a green roof in excess of the minimum standards; rooftop photovoltaic cells; maximizing the tree canopy on site; and minimizing or eliminating storm water run-off from the site.

Last April, Board Members received a presentation from TTC staff on the status of planning activities for the future garage at the corner of Kennedy Road and McNicoll Avenue. The new facility will have capacity to store and maintain 250, 12-metre (40-foot) buses. If articulated buses (18.3-metre or 60-foot) are maintained at the facility the number will be reduced. The new garage is required to add much-needed capacity for the TTC’s growing bus fleet that’s required to carry the TTC’s growing ridership.

McNicoll Garage will cost $181 million, but the TTC is currently facing a $101-million shortfall in the 2014-2023 Capital Budget.

Additional community outreach will continue in September and be reported back to the Board.

Board Members approved the award of a contract worth a total of $230.7 million to Bondfield Construction Company Ltd. for the expansion of the TTC’s Wilson Yard. Expanding the subway yard near Wilson Station is required to accommodate Toronto Rocket train storage and future service demands once the Toronto-York Spadina Subway Extension is in operation.

Eight additional storage tracks, expanded maintenance facilities, a new power substation and other utilities are necessary to serve Line 1 (Yonge-University-Spadina).

Board Members approved contract amendments worth a total of $38.5 million to Topnotch Building Maintenance Ltd. ($23 million) and Hallcon Corporation ($15.5 million) for bus servicing and cleaning services at the TTC’s seven bus garages (approximately 1,800 buses). The three-year contract extension expires at the end of 2017.

As a result of the positive customer feedback from in-service testing, the Board approved a purchase order amendment to retrofit the Toronto Rocket train fleet with low-ceiling handholds and external door chimes. The cost of the retrofit, after taking advantage of available commercial credits, is $464,000.

The next scheduled TTC Board Meeting at City Hall will be on Tue., Aug. 19. It’s the last Board Meeting scheduled until the Oct. 27 municipal election. Board Meetings will resume on Dec. 9.