Board Meeting - December 20, 2016


Meeting Info

Date:Tuesday, December 20, 2016
Start Time:1:00 PM
Location:Committee Room 2, Toronto City Hall, 100 Queen Street West
Meeting No:2005
  • Agenda
  • Meeting Minutes

Declarations of Interest – Municipal Conflict of Interest Act

Minutes of the Previous Meeting

Meeting No. 2004 held on Wednesday, November 30, 2016

Presentations/Reports/Other Business

Item 1. Chief Executive Officer's Report - December 2016 Update (For Information)


Item 2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for October 28, 2016 (For Information)


Item 3. Appointment of Members to the Advisory Committee on Accessible Transit (ACAT) (For Action)

This report deals with personal matters about an identifiable individual, including municipal or local board employees.


Item 4. Toronto-York Spadina Subway Extension (TYSSE) - Procurement Authorization Contract A35-17 - Completion Services (For Action)


Item 4a. Toronto-York Spadina Subway Extension Claims Settlement Update (For Action)

This report contains advice or communications that are subject to Solicitor-Client Privilege.


Item 5. Line 2 Modernization Plan - Property Acquisition (For Action)

This report contains information about a proposed or pending acquisition of land for municipal or local board purposes.


Item 6. Lansdowne Station Easier Access III - Property Acquisitions (For Action)

This report contains information about a proposed or pending acquisition of land.


Item 7. Chester Station Easier Access Phase III Property Acquisitions (For Action)

This report contains information about a proposed or pending acquisition of land.


Item 8. Procurement Authorization McNicoll Bus Garage Design-Build - Contract MN1-1 (For Action)

This report contains information about the security of the local board and contains advice that is subject to Solicitor-Client privilege.


Item 9.Commuter Parking Update (For Action)

This report contains information that pertains to the security of the property.


Item 10. Transit Fare Equity: Fair Pass Program (For Action)


Item 11. Capital Delivery Review - Project Management Maturity Implementation Plan (For Action)


Item 12. Procurement Authorization - Easier Access Phase III Royal York Station Contract W45-6 (For Action)


Item 13. Procurement Authorization - SAP Technical Service Assistance (For Action)


Item 14. Procurement Authorization - Supply of Thermo King Air Conditioning Parts for Buses (For Action)


Item 15. Transit Fare Inspection and Enforcement Model Update - Revised (Presentation Available) (For Action)


Item 16. Presentation: PRESTO Implementation - Current Status and Next Steps (For Action)


Item 17. New Streetcar Delivery and Claim Negotiation Update (For Action)


Item 18. Islington Station Mississauga Transit Licence Extension (For Action)


Item 19. Antenna Lease Renewal - 3050 Pharmacy Avenue (For Action)


Item 20. 4050 Yonge Street - Entrance Connection to York Mills Station (For Action)


Item 21. 2015 Annual Report on Diversity and Human Rights Achievements (For Action)


Item 22. Proxy to Vote TTC Shares in Toronto Coach Terminal Inc. (TCTI) (For Action)


Item 23. Correspondence: Request to TTC for Removal of Advertisement

Submitted by TTC Chair J. Colle on behalf of Councillor G. Perks.


Toronto Transit Commission Board

A meeting of the TTC Board was held in Committee Room 2, Toronto City Hall, 100 Queen Street West, Toronto, Ontario, on Tuesday, December 20, 2016 commencing at 10:08 a.m.  The meeting recessed at 10:09 a.m. to meet as the Committee of the Whole.  The Board re-convened the public session at 1:10 p.m.

Present at Committee of the Whole

J. Colle (Chair), A. Heisey, Q.C. (Vice-Chair), V. Crisanti, J. De Laurentiis, R. Lalonde, J. Mihevc and D. Minnan-Wong (Members), A. Byford, C. Upfold, V. Rodo, R. Leary, S. Reed Tanaka, B. Ross, J. Taylor, M. Palmer, G. Piemontese, B. Leck, K. Watson, M. Atlas, P. Kraft, A. Borkwood, M. Piemontese, J. Ross, J. Dimovski, J. MacDonald, R. Wojteczko, L. Romano, M. Stevenson, K. Lee, C. Finnerty and M. Balanco.

Commissioner Campbell was present for Item 5.

K. Sibley and C. Bergquist were present for Item No. 4(a). 
M. Blake (Stantec), E. Mayer and M. Mostyn (DLA Piper Canada LLP) were present for Item No. 8. 
K. Lillyman (Chair’s Office) and D. Magisano (Mayor’s Office) were also present.

J. Colle was in the Chair.

Present at Public Session

J. Colle (Chair), A. Heisey, Q.C. (Vice-Chair), V. Crisanti, J. De Laurentiis, R. Lalonde, J. Mihevc and D. Minnan-Wong (Members), A. Byford, (Chief Executive Officer), V. Rodo (Chief Financial & Administration Officer), C. Upfold (Deputy CEO & Chief Customer Officer), R. Leary (Chief Service Officer), S. Reed Tanaka (Chief Capital Officer), G. Piemontese (Chief People Officer), M. Palmer (Chief Operating Officer), B. Ross (Executive Director of Corporate Communications), J. Taylor (Chief of Staff), K. Watson (Deputy Chief Service Officer), J. Ross (Deputy Chief Operating Officer), M. Cousins (Head of Transit Enforcement), A. Borkwood (Head of Customer Development), M. Atlas (Senior Solicitor), P. Kraft (Head of Property, Planning & Development), S. Lam (Head – Streetcars), C. Thoun (Head of Customer Communications), E. Wiggins (Head of Wheel-Trans), M. Piemontese (Acting Head – Materials & Procurement), M. Killingsworth (Staff Sergeant – Transit Enforcement), K. Lee (Head of Commission Services), C. Finnerty (Co-ordinator – Secretariat Services) and M. Balanco (Administrator – Secretariat Services) were present.

Declaration of Interest - Municipal Conflict of Interest Act

Nil

Minutes of Previous Meetings

Commissioner Lalonde moved that the Board approve the minutes of the meeting held on Wednesday, November 30, 2016. 
The motion by Commissioner Lalonde carried.

Business Arising Out of the Minutes

Nil

Public Presentations

Item No. 8. Procurement Authorization McNicoll Bus Garage Design-Build – Contract MN1-1
Chair Colle moved that the Board waive Section 13(a) of the Procedures Bylaw relating to notice provisions for public presentations to permit a deputation on this item from the following speaker.

The motion by Chair Colle carried on a two thirds vote of the members present.
Nelson Wong (submitted brief)
Director – Mon Sheong Foundation

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

Item No. 10. Transit Fare Equity: Fair Pass Program

Justin Van Dette

The Board received the deputation for information.
(See Item No. 10 for minute)

Item No. 15. Transit Fare Inspection and Enforcement Model Update

Alan Yule
Miroslav Glavic
The Board received the deputations for information.
(See Item No. 15 for minute)

Item No. 16. Presentation: PRESTO Implementation – Current Status and Next Steps

Michael Rosenberg

The Board received the deputation for information.
(See Item No. 16 for minute)

Item No. 17. New Streetcar Delivery and Claim Negotiation Update

Alan Yule

The Board received the deputation for information.
(See Item No. 17 for minute)

Item No. 23. Correspondence: Request to TTC for Removal of Advertisement

Chair Colle moved that the Board waive Section 13(a) of the Procedures Bylaw relating to notice provisions for public presentations to permit deputations on this item from the following speakers.
The motion by Chair Colle carried on a two thirds vote of the members present.
Councillor Gord Perks
City of Toronto

Reverend Karen Harrison
Canadian Buddhist Civil Liberties Association

Sonam Chokey and Tenzin Gaychey
Students for a Free Tibet Canada

Bhutila Karpoche

Tseten Badheytsang
Tibetan Community Elder

Zoe De La Peña

Tenzin Nawang
Parkdale Community Legal Services

The Board received the deputations for information.
(See Item No. 23 for minute)

Presentations/Reports/Other Business

1. Chief Executive Officer’s Report – December 2016 Update

The Board received the Chief Executive Officer’s Report – December 2016 Update for information.

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for October 28, 2016
ACAT Chair Mazin Aribi introduced this item.

Following the ACAT Chair’s comments the Board received for information the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting of October 28, 2016.

3. Appointment of Members to the Advisory Committee on Accessible Transit (ACAT)
Chair Colle was joined by Andy Byford, Chief Executive Officer and Eve Wiggins, Head – Wheel-Trans in presenting in-appreciation plaques to the following retiring ACAT members:

Mazin Aribi (Chair)Bobbi Moore
Karma Burkhar (unable to attend)Angela Rebeiro
Marian McDonell

Following the presentations, the Board approved the recommendation contained in the staff report, as follows:

“It is recommended that the Board:

1.Approve the appointment of five candidates to the Advisory Committee on Accessible Transit, commencing their term on January 1, 2017 and ending December 31, 2019 (See Appendix A);

2.Approve the appointment of three candidates for a one year term commencing January 1, 2017 and ending December 31, 2017, to re-establish a pool to draw from in the event a member does not accept or complete their term (see Appendix A); and

3.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)”.

4. Toronto-York Spadina Subway Extension (TYSSE) – Procurement Authorization Contract A35-17 – Completion Services
It is recommended that the Board approve:
Award of Contract A35-17 – TYSSE – Completion Services to the successfulbidder in the amount of $14,745,109.13 (incl. HST) on the basis of lowest total bidprice from a contractor which is evaluated as qualified to perform this work.

Approved

4a. Toronto-York Spadina Subway Extension Claims Settlement Update
It is recommended that the Board:

1.Receive a confidential update related to the status of TYSSE claims settlement.

2.Authorize that the information provided in the confidential update is to remainconfidential in its entirety as it contains information or communication that issubject to solicitor – client privilege.

Approved

5. Line 2 Modernization Plan – Property Acquisition
It is recommended that the Board:
1. Approve the recommendations set out in the Confidential Attachment; and

2. Maintain the confidentiality of the information set out in Attachment 1 until suchtime as an agreement with the owners is reached.

Approved

6. Lansdowne Station Easier Access III – Property Acquisitions
It is recommended that the Board:

1.Approve the recommendations set out in the Confidential Attachment; and

2.Maintain confidential the information set out in the Confidential Attachment untilsuch time as the agreement(s) are executed with the property owners.
Approved

7. Chester Station Easier Access Phase III Property Acquisitions
It is recommended that the Board:

1. Approve the recommendations set out in the Confidential Attachment; and

2. Maintain confidential the information set out in the Confidential Attachment untilsuch time as the agreement(s) are executed with the property owners.
Approved

8. Procurement Authorization McNicoll Bus Garage Design-Build – Contract MN1-1

It is recommended that the Board:

1.Receive the information as set out in the confidential attachment; and authorizethat the information provided remain confidential in its entirety as it containsinformation or communications that are subject to solicitor-client privilege;

2.Authorize award of Contract MN1-1, McNicoll Bus Garage Design-Build toButtcon-Eastern Joint Venture (BEJV) in the amount of $141,589,000, inclusiveof all taxes, on the basis of the lowest priced qualified Proposal; and

3.Authorize exercising the following specified options for the items directed byCity Council on August 25, 2014, noting that these amounts will be included in afuture project budget request:

a. An upset limit amount of $800,000 to provide a green roof area in excessof the Toronto Green Standard requirements; and

b.An upset limit amount of $250,000 to provide installation of rooftopphotovoltaic cells.

Approved

9. Commuter Parking Update

Chair Colle moved approval of Recommendations No. 1, 2 and 3 in the staff report, as follows:

“It is recommended that the Board:

1.Note the parking rate increases in support of the 2017 budget, as approved bythe Board at its meeting on November 21, 2016 (see Appendix A);

2.Receive the information set out in the Confidential Attachment;

3.The information set out in the Confidential Attachment is to remain confidentialuntil a new management contract is in place for the maintenance andoperations of TTC commuter parking lots”.

The motion by Chair Colle carried.

Chair Colle moved referral of Recommendation No. 4 in the report to staff with a request for additional information to be submitted to the January Board meeting.

The motion by Chair Colle carried.

The item was adopted, as amended.

10.Transit Fare Equity:Fair Pass Program

It is recommended that the Board:

1. Endorse the creation of a cost recovery arrangement between the City and theTTC whereby the TTC invoices the applicable City department on a quarterlybasis for revenue losses that are sustained as a result of the Fair PassProgram;
2. Approve the addition of a low-income concession provided through the FairPass Program that includes a discount on the PRESTO adult single fare andPRESTO adult monthly pass; and
3. Direct staff to continue working in partnership with the City to ensure thesuccessful implementation of each phase of the Fair Pass Program.
Approved
11. Capital Delivery Review – Project Management Maturity Implementation Plan
It is recommended that the TTC Board:
1.Approve the preliminary Project Management Maturity Plan as outlined in thebody of this report;

2.Request staff report back on a semi-annual basis beginning in June 2017 toprovide an updated Project Management Maturity Plan along with the status ofprogress made against the plan;

3.Request staff transmit an annual third-party report to track progress against theProject Management Maturity Plan beginning in December 2017; and

4.Direct staff to forward this item to the City Clerk for consideration at the January19, 2017 meeting of the Executive Committee on Item EX18.26:TorontoTransit Commission Capital Program Delivery Review.

Approved

12. Procurement Authorization:Easier Access Phase III Royal York Station Contract W45-6
It is recommended that the Board authorize:
1.Award of Contract W45-6 Easier Access Phase III Royal York Station to Maystar inthe amount of $13,043,063.42 inclusive of all taxes on the basis of lowestacceptable bid price.

Approved

13. Procurement Authorization – SAP Technical Service Assistance

It is recommended that the Board:

Authorize award of contracts for the Provision of SAP Technical Service Assistance to the following three firms, in the noted upset limit amounts, in Canadian funds, each for a three year duration from Notification of Award, on the basis of the highest rated qualified proponents:

FirmUpset Limit Amount
The Addmore Group Inc.$4,000,000.00
itelligence Business Solutions Canada, Inc.$4,000,000.00
PreciSion EPR Incorporated$4,000,000.00
Total Upset Limit Amount$12,000,000.00

Approved
14. Procurement Authorization – Supply of Thermo King Air Conditioning Parts for Buses

It is recommended that the Board authorize the award of inventory supplier blanket contracts for the supply of Thermo King air conditioning parts for the period of approximately February 2017 to February 2020 in the following upset limit amounts (including applicable taxes and a 20% contingency) to the following companies:

1.Neopart Transit, LLC. for the supply of 5 parts in the total upset limit amount of$385,800.00 USD (which is equivalent to approximately $516,750.00 CDN,based on the exchange rate of 1.3394 dated November 3, 2016).

2.The Aftermarket Parts Canada, LLC DBA New Flyer Parts for the supply of 6parts in the total upset limit amount of $79,800.00.

3. Thermo King of Ontario Inc. for the supply of 147 parts in the total upset limit amountof $8,193,200.00.

Approved

15. Transit Fare Inspection and Enforcement Model Update

Mark Cousins, Head of Transit Enforcement, delivered a PowerPoint presentation on this item.

The Board received the presentation for information and adopted the recommendations in the staff report, as follows:
“It is recommended that the Board:

1. Approve the modified customer friendly uniform without batons or handcuffs forTransit Fare Inspectors.

2. Direct staff to continue the search for third party oversight of TransitEnforcement Officers and Transit Fare Inspectors.

3.Direct staff to report back on efforts at recruitment outreach to attract a diverseworkforce.

4.Seek an amendment to Chapter 150, Article IV of the Toronto Municipal Codeto allow members of the TTC Transit Enforcement Unit to tag and tow vehiclesthat disrupt service.

5.Endorse enhanced authorities, as approved by the Toronto Police Service andthe Ministry of Community Safety and Correctional Services, under the HighwayTraffic Act to allow Transit Enforcement Unit Special Constables to direct trafficaround planned and unplanned closures, and service disruptions.

6.Direct staff to report back to the Board when more meaningful data is availableregarding Presto inspections”.

Approved

16. Presentation:PRESTO Implementation – Current Status and Next Steps

Deputy Chief Executive Officer & Chief Customer Officer Chris Upfold delivered a PowerPoint presentation on this item.
The Board received the presentation for information and adopted the recommendation in the staff report, as follows:

“It is recommended that the Board:

1.Receive an update on the current status of PRESTO implementation and nextsteps”.

Approved

17. New Streetcar Delivery and Claim Negotiation Update

It is recommended that the Board:

1.Receive the information as set out in this report.

Approved

18. Islington Station Mississauga Transit License Extension

It is recommended that the Board:

1.Approve a three year extension to the Agreement for MiWay to continue theiroperations at Islington Station, expiring on December 31, 2019.

2.Authorize the execution of the extension of the Agreement in accordance with theterms and conditions summarized in this report, in a form acceptable to the TTC’sGeneral Counsel.

Approved

19. Antenna Lease Renewal – 3050 Pharmacy Avenue
It is recommended that the Board:
1.Authorize the execution of the antenna lease agreement to extend the leasebetween Hanseatic Holdings Limited and the Toronto Transit Commissionlocated at 3050 Pharmacy Avenue for a term of two years, and amend thelease agreement to provide an additional option to extend for one year inaccordance with the terms and conditions set out in the agreement and assummarized in this report, in accordance with the TTC’s policies, and any otherdocuments or agreements arising as a result of entry into the lease, in a formsatisfactory to TTC’s Head of Legal and General Counsel;

2.Approve the expenditure of $26,353.00 plus HST for rent payments for thelease (excluding utilities and property tax) for a two-year term, subject tochange from current projections due to the escalation of utilities and propertytax expenses, in accordance with the terms and conditions of the leaseagreement, as amended.

Approved

20. 4050 Yonge Street – Entrance Connection to York Mills Station
It is recommended

1.That the Board approve the demolition of the existing stand-alone TTCentrance building located at the northwest corner of Yonge Street and WilsonAvenue.

2.That the Board approve in principle, the proposed configuration of the TTCentrance off Yonge Street and the accessible entrance connection to York Millssubway station as illustrated in Attachment 1.

3.That the Board authorize the execution of a new entrance connection agreement,and any other agreements arising as a result of the development, all on terms andconditions acceptable to the TTC’s General Counsel.

Approved
21. 2015 Annual Report on Diversity and Human Rights Achievements
The Board approved the recommended action in the staff report, as follows:
1.It is recommended that the TTC Board review and consider the subject report andauthorize forwarding the item to City Council for information.

Approved
22. Proxy to Vote TTC Shares in Toronto Coach Terminal Inc. (TCTI)
It is recommended that the Board:
1.Approve the attached proxy to exercise the 10,000 shares in TCTI.

Approved

3. Correspondence:Request to TTC for Removal of Advertisement
Chair Colle moved the following motion:

That this item be referred to TTC staff to review the TTC’s current Advertising on TTC Property policy and report back to the Board in Q1 2017.

The motion by Chair Colle carried.

The meeting adjourned at 4:20 p.m.

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