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Meeting No. 1918
Thursday, May 6, 2010
1:00 PM

Committee Room 1, 2nd Floor
Toronto City Hall
100 Queen Street West

A meeting of the Toronto Transit Commission was held in Committee Room 1, 2nd Floor, Toronto City Hall, 100 Queen Street West, Toronto, Ontario on Thursday, May 6, 2010 commencing at 1:05 p.m.

A. Giambrone (Chair), J. Mihevc (Vice-Chair), M. Augimeri, S. Bussin, S. Hall, P. Milczyn, R. Moeser, A. Perruzza, B. Saundercook (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager - Executive & General Secretary), D. Dixon (Deputy General Manager - Rail), J. Sepulis (General Manager - Engineering & Construction), B. Leck (General Counsel - Legal), B. Ross (Director - Corporate Communications), S. Blakey (Executive Director - Human Resources), M. Roche (Chief Financial Officer), M. Stambler (Manager – Service Planning), A. Smith (Chief Marketing Officer), J. Lee (Chief - Project Procurement), D. Garisto (Manager – Property Development), S. Ghaly (Program Manager – Transit City), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator - Corporate Secretariat Services) were present.

A. Giambrone was in the Chair.

J. Cannell (Treasurer – Pension Fund Society) was present for the Pension Fund Briefing.

R. Thompson (Chief Project Manager - Transit City) and S. Thorburn (URS) were present for Item 2(b).

Declaration of Interest - Municipal Conflict of Interest

NIL

Minutes of the Previous Meetings

Commissioner Moeser Moved That The Commission Approve The Minutes From Meeting No. 1918 And That The Chair And General Secretary Be Authorized To Sign The Same.

The motion by commissioner moeser carried.

Business Arising Out of Minutes

NIL

Committee of the Whole Resolution

a) Committee of the Whole – Wednesday, June 2, 2010

Vice-Chair Mihevc Moved That The Commission Approve A Resolution To Meet As The Committee Of The Whole At 9:00 A.M. Or Later On Wednesday, June 2, 2010 To Deal With Litigation Or Potential Litigation Matters, Labour Relations Or Employee Negotiations And To Receive Advice Which Is Subject To Solicitor-Client Privilege.

The Motion By Vice-Chair Mihevc Carried.

Public Presentations

a) Scarborough Rapid Transit Project Assessment Study Recommendations

Peter Teeson
Progress Avenue Residents

Dr. Cheung
Chairman and President
Chinese Cultural Centre of Greater Toronto

Michael Chan
Director and Chair of Operation Committee
Chinese Cultural Centre of Greater Toronto

Bobby Bhoola
Vice-President, Ballantry Homes

Arvinda Patel

Balendra Velupillai

Councillor Raymond Cho
City of Toronto
(Submitted petitions)

The Commission Received The Deputations For Information.
(See Item 2(b) For Minute).

b) 2010 TTC Budget Update

Kevin Clarke (not present)

c) Lakeshore Boulevard Streetcar Service

Councillor Mark Grimes
City of Toronto
(Submitted brief)

Steve Munro
(Submitted brief)

Mike Olivier
Lakeshore Planning Council

Anthony M. Humphreys

The Commission Received The Deputations For Information.
(See Item 7(A) For Minute).

Notice of Motions

NIL

Motions Without Notice

NIL

Items of Which Notice has Previously Been Given

NIL

Items Deferred From Last Meeting to Permit Debate/Public Presentation

a) Pension Funding Briefing

John Cannell, Treasurer – Pension Fund Society, gave a PowerPoint presentation with respect to the above matter.

The Commission Received The Presentation For Information.

Vice-Chair Mihevc Moved The Following Motion:

“That The Commission, Once Again, Write To The Minister Of Finance, Pointing Out The Substantial Impact On The Members Of The Society And The Riding Public Of The Solvency Funding Rules, And To Request Solvency Exemption, In An Appropriate Form, For The TTC Pension Fund Society”.

The Motion By Vice-Chair Mihevc Carried.

  1. Reports with Confidential Attachments (Committee of the Whole)
  2. a) Annual Human Rights Report Update

    The Commission Approved:

    1. The Recommendation Contained In The Confidential Attachment; And

    2. That The Information Contained In The Confidential Attachment Remains Confidential In Its Entirety As It Contains Advice Which Is Subject To Solicitor-Client Privilege.

    b) TTC Security Plan

    The Commission Deffered This Report To The Next Meeting Of The Commission.

  3. Presentations
  4. a) Request for Approval of the Sheppard East LRV Maintenance and Storage Facility Transit Project Assessment Study

    Sameh Ghaly, Program Manager – Transit City, was present for this item.

    The Commission Elected Not To Receive The Presentation.

    The Commission Approved The Recommendation Contained In The Staff Report, As Follows:

    “It is recommended that the Commission:

    1. Approve the recommendation of the joint City/TTC Sheppard Maintenance and Storage Facility (MSF) Transit Project Assessment Study, as described in the attached Draft Environmental Project Report (EPR) Executive Summary;

    2. Note that three formal public consultation meetings and one community consultation meeting have been held;

    3. Forward this report to the City of Toronto Executive Committee for its meeting on May 17, 2010 and for submission to the June 8, 2010 meeting of City Council recommending that Council approve the recommendations of the Sheppard MSF Transit Project Assessment Study and authorize staff to submit the EPR to the Ministry of Environment; and

    4. Forward this report to Metrolinx and the Ontario Ministry of Transportation for information.

    5. Request the City’s final report for the Official Plan Amendment and Zoning By-Law Amendment for the Sheppard MSF site be submitted to the June 16, 2010 Planning and Growth Management Committee Meeting and for submission to the July 6, 2010 City Council meeting”.

    Vice-Chair Mihevc Moved That Staff Be Requested To Include In Its Goals For The Project, The Highest Green Standards In Construction And Procurement Such As Geo-Thermal, Solar Etc., As Well As Local Economic Development Opportunities, And To Report Back At An Appropriate Time On These Matters.

    The Motion By Vice-Chair Mihevc Carried.

    b) Scarborough Rapid Transit Project Assessment Study Recommendations

    Rick Thompson, Chief Project Manager – Transit City and Scott Thorburn of URS gave a PowerPoint presentation on this item. 

    The Commission Received The Presentation For Information And Approved The Recommendation Contained In The Staff Report, As Follows:

    “It is recommended that the Commission:

    1. Approve the recommendation, of the joint City/TTC Scarborough Rapid Transit (RT) Transit Project Assessment Study, as described in the attached “Scarborough Rapid Transit, Draft Environmental Project Report, Executive Summary”, for:

    a. Conversion of the existing Scarborough RT line (Kennedy Station to McCowan     Station) to use Transit City Light Rail Transit (LRT) vehicles;

    b. Extension of the Scarborough RT from McCowan Road to Malvern Town Centre, including the alignment, stations, passenger pick-up and drop-off facilities and bus terminals;

    c. A non-revenue service connection to the proposed Sheppard East Maintenance and Storage Facility, via Progress Avenue and Sheppard Avenue East;

    d. Protection for the future Bellamy Maintenance and Storage Facility;

    e. An amendment to the approved Scarborough-Malvern LRT Environmental Project Report (EPR) to provide an underground connection to Kennedy Station, via a portal located immediately west of Midland Avenue; and

    f. An amendment to the Eglinton Crosstown LRT EPR to provide an underground connection to Kennedy Station, via a portal located immediately east of Ionview Road.

    2. Note that eight public consultation open houses and one community meeting were held.

    3. Forward this report to the Toronto Executive Committee for consideration at its meeting on May 17, 2010, and City Council at its meeting on June 8, 2010 recommending that City Council approve the recommendations of the SRT Transit Project Assessment Study and authorize staff to submit the EPR to the Ministry of the Environment.

    4. Forward this report to Metrolinx and the Ontario Ministry of Transportation and the Ontario Ministry of the Environment, for information”.

    Commissioner Moeser Moved That The Commission Direct Staff To Address The Concerns Of The Chinese Cultural Centre With Respect To The Implications Of The SRT Non-Revenue Connection On The Chinese Cultural Centre Parking And Garden And That A Working Group Be Established With TTC, The Chinese Cultural Centre, And Local Community And Councillor To Address These Issues And Identify Measures To Reduce Impacts.

    The Motion By Commissioner Moeser Carried.

    Chair Giambrone Moved That, Subject To Receiving The Minister Of The Environment Notice To Proceed For The Scarborough RT Conversion And Extension, And Subject To The Successful Resolution Of Provincial Funding For Transit City Projects, TTC Propose An Amendment To The Transit Project Assessment To Include An Underground Connection Track Option As An Alternative To The At-Grade Connection Track Proposed For Progress Avenue.

    The Motion By Chair Giambrone Carried.

    Commissioner Perruzza Moved That Staff Be Directed To Explore And Implement Industry Leading Construction Technologies In Order To Reduce Noise And Vibration And Reasonably Address Community Concerns As It Relates To The Non-Revenue Service Connection On Progress Avenue.

    The Motion By Commissioner Perruzza Carried.

  5. Budget Matters
  6. a)  2010 TTC Budget Update

    Vincent Rodo, General Manager - Executive, gave an overhead presentation on this item.

    The Commission Received The Presentation For Information And Approved The Recommendation Contained In The Staff Report, As Follows:

    “It is recommended that the Commission receive the following report updating the status of the 2010 TTC Operating and Capital budgets and approve the following:

    1. Service level changes at a cost of $2.9 million in 2010 and an annualized cost of $5.2 million (detailed in Appendix A) in response to the better-than-budgeted ridership so far this year suggesting a year-end ridership level of between 469-474 million (virtually unchanged from the 2009 level of 471 million):

    (i) reinstate the March 2010 service cut effective with the September Board period;

    (ii) cancel the planned September 2010 Board period service cuts;

    (iii) reduce overcrowding on the Bloor-Danforth line by adding an extra peak period train commencing with the September 2010 Board period;

    2. Introduction of the first phase of the “Station Manager Deployment” program commencing with the September 2010 Board period and that the total workforce component of 42 be accommodated through the redeployment of other workforce positions to ensure no net increase in overall staff complement;

    3. Requesting the City of Toronto to add $5.2 million of the projected 2010 operating surplus to the TTC Stabilization Reserve such that this amount will be drawn out in 2011 to offset the annualized costs of the 2010 service changes included in Recommendation 1 of this report; and,

    4. Forward this report to the City of Toronto Budget Committee for information”.

    Commissioner Moeser Moved That Staff That Staff Bring A Report Back In One Year On The Effectiveness Of The Station Manager Program.

    The Motion By Commissioner Moeser Carried.

    Vice-Chair Mihevc Moved That The Chief General Manager Be Requested To Pursue A Short-Term – One-Time Summer/Fall 2010 Cleanliness Blitz.

    The Motion By Vice-Chair Mihevc Carried.

    Chair Giambrone Moved That Staff Be Requested To Report At The June Commission Meeting On Approving A Start To The Implementation Of The Transit City Bus Plan, With That Implementation Being Limited To One-Half Of The “Ten-Minute-Or-Better” Service Component Of The Plan, To Be Implemented Commencing In The October 10, 2010 Board Period; And
     
    Direct Staff To Begin To Report On The Implementation Of This Limited Part Of The Plan In The Phasing And Sequence Which They Believe Will Deliver The Greatest Possible Benefits To TTC Customers.

    The motion by chair giambrone carried.

    b) Chief General Manager’s Report – Periods 1 & 2 (January 1 to February 27, 2010  

    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

  7. Procurement Authorizations
  8. a) Procurement Authorization - Sheppard East LRT Tunnel Design Don Mills Station to Consumers Road Contract TC85-23 

    It is recommended that the Commission authorize the award of contract to Hatch Mott MacDonald Ltd. (HMM) in the upset limit amount of $10,000,000.00 for Contract TC85-23, Transit City, Sheppard East LRT Tunnel Design.

    Approved

    b) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period February 1, 2010 to March 31, 2010

    It is recommended that the Commission receive this report for information.  It lists Expenditures ($1,000,000 up to $5,000,000) for the period February 1, 2010 to March 31, 2010 which were approved by the Chief General Manager.

    Received

  9. Procurement Authorization Amendments
  10. a) Procurement Authorization Amendment - Web Development Services

    It is recommended that the Commission authorize the issuance of an amendment to the contract with Devlin eBusiness Architects (Devlin) for web development services related to Internet Trip Planning (ITP), Customer Service Distribution Notification (CSDN) and Next Vehicle Arrival System (NVAS) and increase the contract total upset limit by $1,400,000 to $1,825,000.

    Approved

    b) Procurement Authorization Amendment – Option to Purchase 31 Additional New Subway Train Sets (For H6 Subway Car Replacement and TYSSE)

    It is recommended that the Commission authorize:

    1a) Staff to exercise the specified option in the Toronto Rockets (TR) Subway Train Contract with Bombardier Transportation Canada Inc. no later than May 31, 2010, to purchase 21 new six car subway train sets in the amount of $269,957,249.73 ($CDN) for delivery from September 2012 to June 2013 for the replacement of 126 H6 subway cars. This amount includes all applicable taxes and is subject to a one time adjustment for Foreign Currency Exchange Rate Variance plus applicable Escalation.

    1b) The expenditure of funds up to a total allowance amount of $47,255,000.00 ($CDN), inclusive of all applicable taxes, with respect to the 21 train sets, for Escalation Adjustment, Contract Security, and Potential Contract Changes (including tooling and maintenance spares, most of which will be provided for in the base contract), resulting in a total authorized expenditure of up to $317,212,249.73 ($CDN).  Net project costs will include tax recoveries under HST from this contract authorized amount.

    1c) Staff to dispose of the 126 H6 subway cars being replaced and retired in the best interest of the Commission.

    2a) Staff to exercise the specified option in the Toronto Rockets (TR) Subway Train Contract with Bombardier Transportation Canada Inc. no later than May 31, 2010, to purchase 10 new six car subway train sets in the upset amount of $128,551,071.30 ($CDN) for delivery from June 2013 to November 2013 for the Toronto York Spadina Subway Extension (TYSSE).  This amount includes all applicable taxes and is subject to a one time adjustment for Foreign Currency Exchange Rate Variance plus applicable Escalation.

    2b) The expenditure of funds up to a total allowance amount of $34,157,000.00 ($CDN), inclusive of all applicable taxes, with respect to the 10 train sets, for Escalation Adjustment, Spare Parts, Special Tooling and Test Equipment, Contract Security and Potential Contract Changes, resulting in a total authorized expenditure of up to $162,708,071.30 ($CDN).  Net project costs will include tax recoveries under HST from this contract authorized amount.

    Approved

  11. Notice of Awards
  12. a) Notice of Award – Procurement Authorization - Toronto-York Spadina Subway Extension - Condition Survey and Monitoring Consultant - Contract A85-95

    It is recommended that the Commission receive the notice of award of Chair Giambrone, Vice-Chair Mihevc and the Chief General Manager authorizing award of a contract with the upset limit amount of $7,000,000 for the Toronto-York Spadina Subway Extension - Condition Survey and Monitoring Consultant to Trow Associates Inc.

    Received

  13. Service Matters
  14. a) Lakeshore Boulevard Streetcar Service

    Commissioner Saundercook Moved That Recommendation In The Staff Report Be Struck Out And That The Commission Request The Chief General Manager To Report To The June Meeting Of The Commission On Reinstating The 507 Long Branch Streetcar Route In Consideration Of General Service Options, Including The Feasibility Of An Extension Of The Route Through To Dundas West Station As A Pilot, To Determine If Streetcar Service To Ward 6 Improves. 

    The Motion By Commissioner Saundercook Carried.

  15. Other Business
  16. a) Low Floor Light Rail Vehicles – Assignment of Option for Transit City Vehicles

    It is recommended that the Commission:

    1) Approve the assignment of the option(s) to purchase additional Low Floor Light Rail Vehicles, as set out in the agreement between the Toronto Transit Commission and Bombardier Transportation Canada Inc., dated June 30th, 2009 (“Legacy LRV Contract”), to Metrolinx based on the number of vehicles required by Metrolinx; and

    2) Delegate authority to the Chief General Manager to execute any and all necessary agreements related to the assignment of any, or all, optional Low Floor Light Rail Vehicles to Metrolinx.

    Approved

    b) Outstanding Commission Items

    It is recommended that the Commission receive for information, the updated list of outstanding Commission items for the period up to an including the meeting of March 24, 2010.

    Received

    c) Draft Consolidated Financial Statements of Toronto Transit Commission for the Year Ended December 31, 2009

    It is recommended that the Commission:

    1) approve the draft consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2009; and

    2) forward a copy of the approved consolidated financial statements to the Audit Committee of the City of Toronto, for information.

    Approved

    d) TTC Corporate Policy Review – 1.6.0 Respect and Dignity

    It is recommended that the Commission approve the following TTC Corporate Policy, as amended, which is attached hereto as Appendix ‘A’:

    - Policy 1.6.0 Respect and Dignity

    Approved

    e) TTC Corporate Policy Review – 1.7.0 Workplace Violence

    It is recommended that the Commission approve the following TTC Corporate Policy, as amended, which is attached hereto as Appendix ‘A’:

    - Policy 1.7.0 Workplace Violence 

    Approved

    f) 2008 APTA Rail Audit Updates

    It is recommended that the Commission:

    i) Receive for information, updates to the 2008 APTA Rail Safety Audit plus Toronto Transit Commission management actions; and

    ii) Forward this update to the Minister of Transportation, Province of Ontario and the  Clerk of the City of Toronto for information.

    Approved

  17. New Business
  18. NIL
  19. Correspondence
  20. C1 - Philip Webb, Cities Centre University of Toronto, regarding access to the New Ashbridges LRV Yard.

    The Commission Received The Communication For Information.

    C2 - Joe Clark regarding TTC in violation of Human Rights requirement to announce all stops.

    The Commission Received The Communication For Information.

    C3 - Joe Clark regarding TTC Web development.

    The Commission Received The Communication For Information.

    (See Report No. 5(A) For Minute.

    C4 – Amiga Taylor, Executive Producer, Poetic Fashion requesting a partnership opportunity with the TTC for Poetic Fashion 2010.

    The Commission Received The Communication For Information And Referred The Matter To Staff For Appropriate Action.

    The Commission Received The Communication And Referred The Matter To Staff To Invite Councillor Moscoe To Speak On This Item At The June Commission Meeting. 

    C6 – George Smitherman, Candidate for Mayor of the City of Toronto, regarding the proposed new Toronto Transit Commission (TTC) Head Office.

    The Commission Received The Communication For Information.

    C7 – Chair Adam Giambrone regarding cleanliness audit expansion.

    The Commission Received The Communication And Referred The Matter To Staff For Report Back To The Commission.

    C8 – Chair Adam Giambrone regarding an Open Data Policy.

    The Commission Received The Communication And Referred The Matter To Staff For Report Back To The Commission.

    Supplementary Agenda 

    Reports With Confidential Attachments

    11(a) TTC – Office Consolidation

    Chair Giambrone Moved Adoption Of The Recommendation In The Staff Report, As Listed Below:

    “It Is Recommended That The Commission:
     
    1. Approve The Recommendations, As Set Out In The Confidential Attachment; And

    2. Note That The Information In The Confidential Attachment Remains Confidential Until Such Time As The Transaction, Which Is The Subject Of The Report, Is Completed”.

    Commissioner Perruzza Moved That A Recorded Vote Be Taken On The Foregoing Motion.

    In Favour:  Chair Giambrone, Vice-Chair Mihevc, Commissioner Milczyn, Commissioner Hall And Commissioner Moeser.

    Opposed: Commissioner Perruzza.

    The motion by chair giambrone carried on a 5-1 vote.

    Not Present During The Recorded Vote: Commissioner Augimeri, Commissioner Bussin And Commissioner Saundercook.

    11(b) Automatic Fare Collection
         
    The Commission:

    1. Approved The Recommendations As Set Out In The Confidential Attachment, As Amended; And

    2. Noted That The Confidential Information As Set Out In The Confidential Attachment Remains Confidential In Its Entirety As It Contains Material Which Is Subject To Solicitor-Client Privilege.

    11(c) Transit City – Implications of 2010 Provincial Budget

    Vice-Chair Mihevc Moved That The Commission Confirm Withdrawal Of The Report.

    The Motion By Vice-Chair Mihevc Carried.

    12. Audit Results – Year Ended December 31, 2009

    It is recommended that the Commission:

    1. receive the attached report from Ernst & Young regarding the audit results of the consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2009; and

    2. forward a copy of the attached report to the Audit Committee of the City of Toronto, for information.

    Approved

    The meeting recessed at 1:07 p.m.
    The meeting re-convened at 2:15 p.m.
    The meeting adjourned at 6:25 p.m. 

    TTC Board Members

    Chair Adam Giambrone Vice-Chair Joe Mihevc Commissioner Sandra Bussin Commissioner Glenn De Baeremaeker Commissioner Suzan Hall Commissioner Peter Milczyn Commissioner Anthony Perruzza Commissioner Bill Saundercook Commissioner Michael Thompson