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Meeting No. 1976
Tuesday, August 19, 2014
10:00 AM

Committee Room #2
Toronto City Hall, 100 Queen Street West

Meeting No. 1976 Tuesday, August 19, 2014

A meeting of the TTC Board was held in Committee Room 2, Toronto City Hall, 100 Queen Street West, Toronto, Ontario on Tuesday, August 19, 2014 commencing at 10:08 a.m. The meeting recessed at 10:10 a.m. on resolution to meet as the Committee of the Whole.

Present - Committee of the Whole

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

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

M. McAree, Willms & Shier, and Councillor A. Bailao were present for Item (e).

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, K. Stintz and A. Virmani (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), B. Case (Acting 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), C. Thoun (Head of Customer Communications), P. Millett (Director of Transportation & Operations – Engineering, Construction and Expansion), K. Watson (Senior Manager – Wheel-Trans), M. Darakjian (Head of Pensions), A. Borkwood (Head of Customer Development), M. Cousins (Head of Transit Enforcement), J. Raimondo (Manager of Contract Administration – Materials & 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.

Declaration of Interest - Municipal Conflict of Interest

Nil

Minutes of the Previous Meetings

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.
The motion by Vice-Chair Adamson carried.

Business Arising Out of Minutes

Nil

Committee of the Whole Resolution

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.
The motion by Chair Augimeri carried.

Reconvened
Meeting (open to the public) – 1:07 p.m.

Public Presentations

a) Motion by Commissioner Heisey: TTC and Metrolinx Boards - Cross Appointments
Miroslav Glavic
The Board received the deputation for information.
(See Items Deferred from Last Meeting for minute).

b) Chief Executive Officer’s Report – August 2014 Update
Domenic Pasqualino
President – Unifor Local 1075
Bob Orr
Assistant to the President – Unifor Canada
John Cartwright
President – Toronto and York Region Labour Council
Steve Munro
Miroslav Glavic
Alan Yule
The Board received the deputations for information.

(See Item No. 3(a) for minute).

c) TTC Pension Fund Society – Review of Plan Documents
Bob Kinnear, President – ATU Local 113
The Board received the deputation for information.

(See Item No. 8(a) for minute).

d) Shelter Buses
Miroslav Glavic
Alan Yule
The Board received the deputation for information.

(See Item No. 8(g) for minute).

e) Staff Response to ATAO Letter
Jamie Besner
Principle, Sussex Strategy Group
(submitted brief)
Gurjeet Dhillon
Scarborough City Cab
Tamene Zerom
(submitted brief)
Wossen Million Hailemarian
Mohammed Raza Hussein
Hubert Leech
Hillel Gudes
The Board received the deputations for information.

(See Item No. 13 for minute).

f) Opportunities to Improve Transit Service in Toronto
Cameron McLeod
Executive Director, Code RedTO
(submitted brief)
Steve Munro
Alan Yule
Hamish Wilson
(submitted brief)
Jessica Bell
Herman Rosenfeld
Brenda Thompson
David Soknacki
Jim McMillan
The Board received the deputations for information.

(See Item No. 17 for minute).

Notice of Motions

Nil

Motions Without Notice

Nil

Items of Which Notice has Previously Been Given

a) Motion by Commissioner Heisey: Making the TTC System Fully Accessible by 2025

Commissioner Heisey moved withdrawal of this motion.

The motion by Commissioner Heisey carried.

Items Deferred From Last Meeting to Permit Debate/Public Presentation

a) Motion by Commissioner Heisey: TTC and Metrolinx Boards - Cross Appointments

The Board received this item without recommendations.

  1. Reports with Confidential Attachments (Committee of the Whole)
  2. a) Runnymede Station (Easier Access Phase III and Masonry Repairs)

    It is recommended that the Board:

    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 complete.

    Approved

  3. Presentations
  4. a) PRESTO Implementation at the TTC – Status Update

    Allan Foster, Project Manager - Farecard Team, delivered a PowerPoint presentation on this item.

    The Board received the presentation for information.

  5. Budget Matters
  6. a) Chief Executive Officer’s Report – August 2014 Update

    Commissioner Pasternak moved the following motion entitled “TTC Board's Condemnation of Hateful Comments”.
    That the TTC Board condemn in no uncertain terms the offensive and discriminatory remarks made by a TTC employee to the media at a rally at Queen's Park on Saturday July 26, 2014.

    That the TTC Board affirms its view that Toronto is a city of respect and tolerance and that all TTC employees must be held to the highest standard.

    That the TTC Board affirms corporate policy that all employees must "conduct themselves, while on duty, in a manner which does not jeopardize the integrity or the image of the TTC. To conduct themselves, while off duty and in issued uniform or clothing, equipment or TTC vehicle, in a manner that does not jeopardize the integrity and image of the TTC."

    TTC affirms its view that Toronto remain a destination of respect, tolerance and safety and that the importation of world conflict zones is contrary to these ideals.

    The motion by Commissioner Pasternak carried.

    Chair Augimeri moved the following motion:

    That the Board refer the comments of the deputants with respect to the labour disruption in Thunder Bay to staff for contractual discussions with Bombardier, with particular attention to be paid to issues of public safety.

    The motion by Chair Augimeri carried.

    The Board adopted the item, as amended.

    b) PricewaterhouseCoopers LLP 2013 Management Letter Follow-up Report

    It is recommended that the Board:

    1. Receive the attached follow-up report on the PricewaterhouseCoopers LLP (PWC) management, for information; and
    2. Approve the forwarding of the attached report to the City Clerk for appropriate committee referral.

  7. Procurement Authorizations
  8. a) Procurement Authorization – Consultant Design Services – Contract G85-323

    It is recommended that the Board authorize the award of Contract G85-323 for Consultant Design Services to the following companies in the upset limit amounts in Canadian funds indicated below, with a duration of three years from the Notification of Award, on the basis of highest total weighted scores:

    HDR Corporation $5,000,000.00
    AECOM Canada Ltd. $5,000,000.00
    URS Canada Inc. $5,000,000.00
    NORR Limited $5,000,000.00
    Total Overall Upset Limit Amount $20,000,000.00

    Approved

    b) Procurement Authorization – Toronto-York Spadina Subway Extension Project – Traction Power Substations Equipment Installation – Contract A75-23

    It is recommended that the Board authorize the award of a contract to Black & McDonald Limited in the amount of $9,763,429.39 for Contract A75-23, Traction Power Substations Equipment Installation.

    Approved

  9. Procurement Authorization Amendments
  10. Nil
  11. Notice of Awards
  12. Nil
  13. Service Matters

  14. a) 404 East York Community Bus – Response to Councillor Davis

    Chair Augimeri moved the following motion:

    “That the Board, on a one-time basis, make an exception to the policy to facilitate the installation of speed humps on the section of roadway where the TTC 404 Community Bus operates”.

    The motion by Chair Augimeri carried.

    The Board adopted the item, as amended.

  15. Other Business
  16. a) TTC Pension Fund Society – Review of Plan Documents

    The Board received this item without recommendations.

    b) Proposed Entrance Connection at Don Mills Subway Station

    It is recommended that the Board:

    1. Approve, in principle, the entrance connection between a new development located at 70 Forest Manor Road, known as Emerald City, and Don Mills subway station; and

    2. Authorize the execution of an Entrance Connection Agreement in accordance with the Toronto Transit Commission’s Entrance Connection Policy, and any other agreements arising as a result of the entrance connection, all on terms and conditions acceptable to the TTC’s General Counsel.

    Approved

    c) Conversion of Woodbine Station Second Exit to Automatic Entrance

    It is recommended that the Board receive this report as a status update on the functional conversion of the second exit at Woodbine Station to an automatic entrance. Future conversions of second exits to automatic entrances will be assessed as part of the public consultation process.

    Received

    d) Glencairn Station Skylight Replacement Public Art Concept

    It is recommended that the Board approve the public art concept for the new Glencairn Station skylight, as described in this report.

    Approved

    e) TPAP Amendment for Train Storage Facility – Yonge Subway Extension

    It is recommended that the Board:

    1. Approve the Train Storage Facility Environmental Project Report (EPR) Addendum Yonge Subway Extension.

    2 Forward this report to City Council through the appropriate committee for approval, and to authorize staff to submit the EPR Addendum to the Ministry of Environment.

    Approved

    f) Board Enquiry Regarding Individuals and Businesses that Defraud the TTC: Legal Opinion Following Convictions
    It is recommended that the Board receive this report as information.

    Received

    g) Shelter Buses

    It is recommended that the Board receive the following report in response to a TTC Board request and that further reporting be discontinued.

    Approved

    h) Explanation of Subway Closures

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

    Received

  17. New Business
  18. Nil
  19. Correspondence
  20. C1 – Grant Humes, Executive Director Toronto Financial District BIA, in support of Proof of Payment system on streetcars to improve transit access.

    The Board received the communication for information.

    (See Item No. 17 for minute).

    C2 – Councillors G. Perks, M. Layton, C. Ramkhalawansingh and P. McConnell requesting immediate introduction of rear door boarding and Proof of Payment system on the 504 King streetcar route.

    The Board received the communication for information.

    (See Item No. 17 for minute).

    C3 – Councillor M. Layton regarding fare integration on the Lakeshore West GO Line from Exhibition Place to Union Station.

    The Board referred the communication to staff.

    C4 – Phillip Webb, Cities Centre University of Toronto regarding shelter buses for the Police and Fire Departments.
    The Board received the communication for information.

    (See Item No. 8(g) for minute).

    C5 – Commissioner Josh Colle recognizing the exemplary community service and support of various individuals during the Underground Freedom Train Ride Event, 2014.

    Commissioner Colle presented the item and the Board subsequently received the communication, with thanks.

    C6 – Hamish Wilson regarding transit east of Yonge Street.

    The Board referred the communication to staff.

    C7 – Yves P. Fournier regarding the Opportunities to Improve Transit Service in Toronto report.

    The Board received the communication for information.

    (See Item No. 17 for minute).

    C8 – Councillor Ceta Ramkhalawansingh regarding the Opportunities to Improve Transit Service in Toronto report.

    The Board received the communication for information.

    (See Item No. 17 for minute).

    C9 – Michael Binetti, Affleck Greene McMurtry LLP, regarding Wheel-Trans accessible taxi service.

    The Board received the communication for information.

    (See Item No. 13 for minute).

    C10 – Michael Creek, Working for Change and Doris Grinspun, Registered Nurses’ Association of Ontario, regarding TTC advertising.

    Chair Augimeri moved the following motion:

    “Although the ad which is the subject of this correspondence has been removed, be it resolved that TTC staff report back on:

    1. Exploring the advertising complaint procedure: numbering each and every complaint so as to facilitate it's "case file" nature and so that a complainant can track their complaint;

    2. How the TTC goes about the process of approving advertising”.

    The motion by Chair Augimeri carried.

    Supplementary Agenda

    Notice of Motion

    a) A High Line Park and/or Trail on the berm on the east side of Allen Road between Kennard Avenue and Sheppard Avenue

    Moved by: Commissioner Pasternak:

    Seconded by: Commissioner Parker

    Whereas a berm exists on the east side of Allen Road from about Kennard Avenue in the north to just north of Sheppard Avenue in the south;

    Whereas the University-Subway line and its supporting equipment run in part under this berm;

    Whereas the berm represents a unique opportunity to connect existing walk ways and lane ways along the Allen Road;
    and

    itself in creating an elevated walkway or path on the berm referred to above.

    2. If restrictions or problems exist, recommendations for remediation.

    3. Any alternatives or ideas that can leverage this essential north-south walking corridor.

    Approved

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

    b) Toronto-York Spadina Subway Extension – Contract A31 – Risk Management

    It is recommended that the Board:

    1. Receive a confidential verbal update regarding risk management related to Contract A31-1.

    2. Note that the information provided in the confidential verbal update is to remain confidential in its entirety
     
    as it contains information that is subject to solicitor-client privilege.

    Received

    c) Procurement Authorization Amendments – Union Station Second Platform and Concourse Improvements – Contract U2-7 and U85-6

    It is recommended that the Board:

    1. Approve the confidential recommendation related to Contract U2-7 as set out in the confidential attachment;

    2. Note that the confidential information provided in the confidential attachment remain confidential in its entirety as it contains information that is subject to solicitor-client privilege; and

    3. Authorize Contract Amendment No. 14 for Contract U85-6, Consultant Design Services - Union Subway Station Second Platform and Concourse Improvements with AECOM Canada Ltd. In the amount of $2,800,000.00 for additional Design Services increasing the total upset limit amount from $15,604,484.47 to $18,404,484.47.

    Approved

    d) Replacement Subway Signal System

    It is recommended that the Board:

    1. Receive a confidential verbal update regarding the replacement subway signal system.

    2. Note that the information provided in the confidential verbal update is to remain confidential in its entirety as it contains information that is subject to solicitor-client privilege.

    Received

    e) 640 Lansdowne Avenue - Update

    The Board:

    1. Approved the recommendation as set out in the Confidential Attachment, as amended; and

    2. Noted that the information set out in the Confidential Attachment remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

    11. Presentation – Low Floor Streetcar Features and Service Launch Preparedness

    Chris Upfold, Deputy Chief Executive Officer and Chief Customer Officer delivered a PowerPoint presentation on this item.

    The Board received the presentation for information.

    12. Presentation – Customer Journey Times

    The Board deferred this item to the next regular meeting of the Board.

    13. Staff Response to ATAO Letter

    Following member rounds of questions and speaking Chair Augimeri requested CEO A. Byford to speak.

    On a Point of Order Commissioner De Baeremaeker requested a ruling from the Chair on whether the CEO is permitted to speak at this particular point in the proceedings.

    Commissioner Stintz subsequently moved a motion to permit CEO A. Byford to speak.

    Commissioner De Baeremaeker requested a recorded vote on Commissioner Stintz’s motion.

    In favour: Chair M. Augimeri, Vice-Chair M. Adamson, Commissioners J. Parker, J. Colle, K. Stintz and J. Pasternak
    Opposed: Commissioner G. De Baeremaeker

    The motion by Commissioner Stintz carried on a vote of 6 to 1.

    Not present for the recorded vote: Commissioners R. Cho, N. Di Donato, A. Heisey Q.C. and A. Virmani.

    Following CEO A. Byford’s summary remarks Commissioner Stintz moved the following motion:

    “That the recommendation in the staff report be struck out and replaced with the following:

    The Board directs TTC staff to meet with ML&S staff to discuss issues raised by the ATAO and that the contracts not be re-opened."

    The motion by Commissioner Stintz lost.

    Commissioner De Baeremaeker moved the following motion:

    “That TTC amend the Accessible Taxi Service Contract to add HST to the minimum driver rate”.

    The motion by Commissioner De Baeremaeker carried.

    The Board adopted the item, as amended.

    14. Wellesley Station Second Exit/Automatic Entrance – Procurement Authorization Fire Ventilation Upgrade – Contract S3-16

    It is recommended that the Board authorize the award of a contract to Bondfield Construction Company Limited (Bondfield) in the amount of $8,262,786.00 for Contract S3-16, Fire Ventilation Upgrade Second Exit/Automatic Entrance Wellesley Station.

    Approved

    15. Procurement Authorization Amendment – Toronto-York Spadina Subway Extension Project Contract A85-97 – Construction Management Services Additional Contract Authority

    It is recommended that the Board authorize Contract Amendment No. 8 to Morrison Hershfield Ltd. (MH) in the amount of $9,000,000.00, increasing the total upset limit amount from $50,000,000.00 to $59,000,000.00.

    Approved

    16. Coxwell Station Easier Access Phase III and On-Grade Paving Rehabilitation – Procurement Authorization - Contract D45-8

    It is recommended that the Board authorize the award of a contract to J.J. McGuire General Contractors Inc. in the amount of $12,599,500.00 for Contract D45-8 Easier Access Phase III and On-Grade Paving Rehabilitation, for the installation of elevators and associated equipment.

    It is also recommended the Board authorize delegation of authority to the CEO for a contract change allowance of up to $2,771,890.00 (22% of the contract value) for a total authority of $15,371,390.00.

    Approved

    17. Opportunities to Improve Transit Service in Toronto

    Chair Augimeri moved the following motion:

    “That recommendation #4(a) in the staff report be replaced with the following:

    Request the CEO of the TTC to include the proposed service improvements, set out in Recommendation 1, within the TTC’s forthcoming 2015 Operating Budget and 2015-2024 Capital Budget for consideration as part of the 2015 budget process.

    Furthermore, that as part of the 2015 operating and capital budget process, TTC management report on the following:
    1. A review of the bus fleet and the issues related to life extension of vehicles to provide a pool for service improvements in 2015-2016.

    2. A projection of the requirements for bus service to handle both the normal ridership growth and the additional service needed to improve reliability and reduce crowding during peak periods in 2015 and beyond.

    3. An estimate of the cost, timing and operational issues related to leasing and operating bus storage areas on an interim basis.

    4. An estimate of the earliest date at which new buses could be procured to replace the life-extended fleet and to continue expansion of peak service.

    5. A review of needs for maintenance and storage facilities to accommodate growth from items 1-4 above taking into account future reductions in bus requirements due to the opening of the TYSSE, the Crosstown LRT and other planned rapid transit lines.

    6. A review of the streetcar fleet and the issues related to retention of enough vehicles to provide for peak period improvement of service on routes where new streetcars are not planned to operate until 2016 or later (King, Queen, Carlton, St. Clair)”.

    The motion by Commissioner Augimeri carried.

    Commissioner Pasternak moved the following motion and requested a recorded vote be taken:
    “That recommendation #1 be amended to include the words "in principle" and "after thorough

    In favour: Commissioners J. Pasternak, R. Cho, A. Heisey Q.C., J. Colle, A. Virmani and N. Di Donato.

    Opposed: Chair M. Augimeri, Vice-Chair M. Adamson, Commissioners K. Stintz, G. De Baeremaeker and J. Parker

    The motion carried on a vote of 6 to 5.

    The Board unanimously adopted the item, as amended

    The meeting adjourned at 6:35 p.m.

    TTC Board Members

    Maria Augimeri (Chair), Maureen Adamson (Vice- Chair), Raymond Cho, Josh Colle, Glenn De Baeremaeker, Nick Di Donato, Alan Heisey, John Parker, James Pasternak, Karen Stintz, Anju Virmani