DECLARATION OF INTEREST – MUNICIPAL CONFLICT OF INTEREST ACT

Chair Moscoe declared an interest with respect to Item Nos. 12, 13 and 27 as his brother owns one of the companies noted in the reports. Chair Moscoe took no part in the discussion or decision made by the Commission concerning the above matters.

MINUTES OF PREVIOUS MEETINGS

CHAIR MOSCOE MOVED THAT THE COMMISSION APPROVE THE MINUTES FROM MEETING NO. 1872 AND THAT THE CHAIR AND GENERAL SECRETARY BE AUTHORIZED TO SIGN THE SAME, SUBJECT TO AMENDING PAGE 5 BY REPLACING THE WORD “RECEIVE” WITH “ACCEPT”, SO THE COMMISSION ACTION READS:

“THE COMMISSION ACCEPTED COMMISSIONER GRIMES RESIGNATION.”

THE MOTION BY CHAIR MOSCOE CARRIED.

BUSINESS ARISING OUT OF THE MINUTES – NIL

COMMITTEE OF THE WHOLE RESOLUTION

COMMISSIONER MIHEVC MOVED THAT THE COMMISSION MEET AS THE COMMITTEE OF THE WHOLE ON WEDNESDAY, SEPTEMBER 20, 2006 AT 10:00 A.M., OR LATER, 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 COMMISSIONER MIHEVC CARRIED.

DEPUTATIONS

a) Report No. 4 – Supply of 39 New Subway Trains

Councillor Denzil Minnan-Wong

City of Toronto

Councillor Karen Stintz

City of Toronto

Mary Long-Irwin

President, Thunder Bay Chamber of Commerce

Lynn Peterson

Mayor, Thunder Bay

John Cartwright

Toronto and York Region Labour Council

Paul Pugh

President, Canadian Auto Workers Local 1075 – Thunder Bay

(Submitted brief)

James McMillan

David Fisher

James Skerratt

Senior Sales Manager

SAFT Power Systems

Paul Forder

Canadian Auto Workers National Office

Michael Zaleski

THE COMMISSION RECEIVED THE DEPUTATIONS.

THE COMMISSION ALSO RECEIVED NUMEROUS COMMUNICATIONS FROM INDIVIDUALS WHO WERE IN SUPPORT OF THE BOMBARDIER PROPOSAL.

(SEE REPORT NO. 4 FOR MINUTE)

b) Report No. 45 – Property Agreement – Greenwood Yard – Oakvale Residents

Councillor Paula Fletcher

City of Toronto

(Submitted Communication and communication on behalf of Nicholas Brooks, Chair - OKRA)

THE COMMISSION RECEIVED THE DEPUTATION.

(SEE REPORT NO. 45 FOR MINUTE)

c) Report No. 44 – Carbon Monoxide Exposure Investigation Report

Sophie Marques

Julie Leal

THE COMMISSION RECEIVED THE DEPUTATIONS.

(SEE REPORT NO. 44 FOR MINUTE)

d) Report No. 5 – Procurement Authorization

Amendment - Option to Purchase One Hundred

And Forty 40-Foot Low Floor Diesel-Electric Hybrid Orion VII Buses

David Fisher

THE COMMISSION RECEIVED THE DEPUTATION.

(SEE REPORT NO. 5 FOR MINUTE)

e) Report No. 42 – Scarborough RT Strategic Plan

Councillor Michael Thompson

City of Toronto

(Submitted brief)

Councillor Norm Kelly

City of Toronto

Councillor Raymond Cho

City of Toronto

(Submitted brief)

David Fisher

Philip Webb

Centre for Urban Studies

University of Toronto

Steve Munro

David Fisher

THE COMMISSION RECEIVED THE DEPUTATIONS.

(SEE REPORT NO. 42 FOR MINUTE)

COMMISSIONERS CORRESPONDENCE

CC-1 – The Commission had before it a communication (undated) from Vice-Chair Giambrone entitled, “Initial Procedure By-Law Changes and Lobbyist Registry” for consideration at the next meeting.

Vice-Chair Giambrone withdrew Recommendation Nos. 2 and 3 embodied in his communication as new legislation will not permit Agencies, Boards and Commissions to enact such a provision.

VICE-CHAIR GIAMBRONE MOVED:

1. THAT THE COMMISSION ADOPT, IN PRINCIPLE, A MONTHLY INTERIM VOLUNTARY LOBBYIST REGISTRY, DISTINCT FROM THE CITY OF TORONTO’S, FOR COMMISSIONERS AND STAFF AND AUTHORIZE STAFF TO REPORT BACK ON PROCEDURES FOR THE ESTABLISHMENT OF A MANDATORY FORMAL LOBBYIST REGISTRY;

2. THAT THE GENERAL SECRETARY BE DIRECTED TO COLLECT AND FILE COPIES OF THE MONTHLY VOLUNTARY LOBBYIST REGISTRY AS SET OUT IN RECOMMENDATION 1;

3. THAT THE GENERAL SECRETARY BE REQUESTED TO BRING FORWARD FURTHER RECOMMENDATIONS FOR REVISION, AS NECESSARY, AS PART OF THE CURRENTLY ONGOING PROCEDURE BY-LAW REVIEW.

THE MOTIONS BY VICE-CHAIR GIAMBRONE CARRIED.

PRESENTATIONS

1. Award of Merit – Operator Shawn Bush

On May 12, 2006, at 10:00 a.m., Operator Shawn Bush was operating his bus westbound on St. Clair Avenue, when he observed an elderly woman lying on the ground near a bus stop. He immediately notified CIS and then went to see if he could be of any assistance to the woman. It became apparent that the woman had stopped breathing and had no vital signs. Operator Bush immediately re-positioned the woman and began CPR. While performing CPR, emergency responders attended and they took over. The woman was then transported to hospital.

On behalf of the Commission, Chair Moscoe presented Operator Shawn Bush with an Award of Merit in recognition of his actions.

2. TTC Capital Program Status Update

V. Rodo, General Secretary & General Manager – Executive gave an overhead slide presentation with respect to the status of the TTC Capital Program

T. Tyndorf, Chief Planner & Executive Director, City of Toronto Planning also gave an overhead slide presentation regarding the City’s Official Plan in relation to the future integration of transportation and land use initiatives.

THE COMMISSION RECEIVED THE PRESENTATIONS FOR INFORMATION.

COMMISSIONER BUSSIN MOVED THAT THE CHAIR BE DIRECTED TO SEND A LETTER TO THE PREMIER DETAILING THE TRANSIT FUNDING CHANGES MADE BY THE PROVINCE OF ONTARIO SINCE THE SPRING; AND FURTHER THAT THE CHAIR AND MAYOR REQUEST AN OPPORTUNITY TO MEET WITH THE PREMIER TO DISCUSS THIS MATTER.

THE MOTION BY COMMISSIONER BUSSIN CARRIED.

BUDGET MATTERS

3. Chief General Manager’s Report – Period 6 – May 28 to July 1, 2006

It is recommended that the Commission:

1. receive for information the attached Executive Summary of the Chief General Manager’s (CGM’s) report covering the period May 28 to July 1, 2006; and

2. Forward a copy of this cover report and the Executive Summary to each City Councillor for information (noting that the detailed CGM’s report is available on request from the Office of the General Secretary of the Commission).

APPROVED

PROCUREMENT MATTERS

4. Procurement Authorization – 39 New Subway Trains – Proposal No. P31PD05761

CHAIR MOSCOE MOVED ADOPTION OF THE STAFF RECOMMENDATION EMBODIED IN THE REPORT, AS LISTED BELOW:

“IT IS RECOMMENDED THAT, SUBJECT TO CITY OF TORONTO COUNCIL, PROVINCE OF ONTARIO AND GOVERNMENT OF CANADA FUNDING APPROVAL, THE COMMISSION:

I. AUTHORIZE THE ACCEPTANCE OF THE PROPOSAL SUBMITTED BY BOMBARDIER INC., BOMBARDIER TRANSPORTATION FOR:

A. 39 TRAINSETS AND ALL ASSOCIATED WORK IN THE AMOUNT OF $499,382,403, PLUS APPLICABLE TAXES;

B. ASSOCIATED CONTRACT ITEMS IN THE AMOUNT OF $26,919,780, PLUS APPLICABLE TAXES; AND

C. THREE OF THE SPECIFIED OPTIONS, IN THE AMOUNT OF $21,564,135, PLUS APPLICABLE TAXES;

D. A CONTINGENCY ALLOWANCE AMOUNT OF $50,220,000 INCLUDING ALL APPLICABLE TAXES FOR THE ESTIMATED COSTS WITH RESPECT TO PRICE ADJUSTMENTS FOR ESCALATION AND THE ESTIMATED COSTS FOR THE PROVISION OF THE REQUIRED CONTRACT SECURITY AND WILL BE PAID OUT IF REQUIRED, ONLY AS INCURRED;

RESULTING IN A TOTAL CONTRACT PRICE OF $674,787,603 INCLUDING ALL APPLICABLE TAXES;

II. FORWARD THIS REPORT TO THE CITY OF TORONTO FOR APPROVAL OF THIS PROJECT AND CONFIRMATION OF FUNDING BY CITY OF TORONTO COUNCIL AT ITS SEPTEMBER, 2006 MEETING;

III. FORWARD THIS REPORT TO BOTH THE PROVINCE OF ONTARIO AND THE GOVERNMENT OF CANADA FOR CONFIRMATION OF FUNDING APPROVAL AS DETAILED IN THE FUNDING SECTION OF THIS REPORT; AND

IV. DIRECT STAFF TO EXPLORE THE POSSIBILITY OF OBTAINING FROM THE PROVINCE OF ONTARIO AND/OR THE GOVERNMENT OF CANADA ‘LETTERS OF INDEMNITY’ IN PLACE OF CONTRACT FINANCIAL SECURITY AS A MEANS OF FURTHER REDUCING THE PROJECT BUDGET.”

THE MOTION BY CHAIR MOSCOE CARRIED ON A UNANIMOUS VOTE.

CHAIR MOSCOE MOVED:

1. THAT THE PROVINCE BE REQUESTED TO EXEMPT THE PURCHASE OF THIS ORDER FOR NEW SUBWAY TRAINS IN THE ESTIMATED AMOUNT OF $42 MILLION, REPRESENTING THE VALUE OF THE PROVINICAL SALES TAX; AND

2. THAT THE TORONTO TRANSIT COMMISSION ENTER INTO DISCUSSIONS WITH THE CITY OF TORONTO, THE PROVINCE AND THE FEDERAL GOVERNMENT ON WAYS OF OBTAINING FUNDING PARTNER FINANCIAL ASSURANCES TO ELIMINATE ALL, OR A PART OF, THE CONTRACT BONDING REQUIREMENTS WHICH NOW TOTAL ABOUT $25 MILLION AS WAS DONE ON THE PREVIOUS T1 SUBWAY CAR ORDER.

THE MOTIONS BY CHAIR MOSCOE CARRIED ON A UNANIMOUS VOTE.

COMMISSIONER ASHTON MOVED THAT STAFF BE REQUESTED TO IMPLEMENT A REPORTING PROTOCOL WITH THE COMMISSION ON AN ON-GOING BASIS THAT ADDRESSES ISSUES ARISING FROM FURTHER NEGOTIATIONS WITH BOMBARDIER WITH RESPECT TO THE COST DRIVERS IDENTIFIED IN THE CONSULTANTS REVIEW, INCLUDING DESIGN AND ACCESSIBILITY ISSUES.

THE MOTION BY COMMISSIONER ASHTON CARRIED ON A UNANIMOUS VOTE.

5. Procurement Authorization Amendment – Option to Purchase

One Hundred and Forty 40-Foot Low Floor Diesel-Electric Hybrid Orion VII Buses

It is recommended that the Commission:

1. Authorize staff to extend the current contract with Orion Bus Industries of Mississauga (Orion) in amount of $107,456,756.40 including all taxes, for the purchase of 140 40-foot low floor diesel-electric hybrid Orion VII buses for delivery in 2008 with the option to be exercised no later than September 30, 2006, subject to approval by the Council of the City of Toronto, and

2. Forward a copy of this report to the Council of the City of Toronto through the Budget Advisory Commission requesting project commitment and approval in September, 2006 to proceed with the award of this order, to be exercised no later than September 30, 2006, and

3. Note that this procurement is based on the approved Bus Fleet Plan as shown in “APPENDIX 1” attached, and the 2006-2010 Capital Budget program approved by the Council of the City of Toronto on December 12, 2005, and

4. Authorize staff to dispose of those buses retired as a result of the purchase of the 140 new buses in the best interest of the Commission.

APPROVED

6. Procurement Authorization Engineering Design

Services for York University Busway Contract AY-29-D3

It is recommended that the Commission authorize the award of Contract AY-29-D3 to Earth Tech Canada Inc. for engineering design and construction support services for the York University Busway in the upset limit amount of $2,300,000.

APPROVED

7. Purchase Order Amendment Authorization Queensway Garage

Design and Construction Support for Garage Modifications Contract F85-20

It is recommended that the Commission authorize Purchase Order Amendment Authority No. 5 to Marshall Macklin Monaghan Limited, in the amount of $330,000 for preliminary and detail design services to address operational requirements and the construction support services during construction for the Queensway Bus Garage Renovation Project.

APPROVED

8. Procurement Authorization Consultant Design Services - Union Subway

Station Second Platform and Concourse Improvements Contract U85-6

It is recommended that the Commission authorize the award of a contract to Earth Tech Canada Inc. (Earth Tech) in the total upset limit amount of $7,000,000 for Contract U85-6

– Consultant Design Services for Union Subway Station Second Platform and Concourse Improvements.

APPROVED

9. Procurement Authorization Humber Bus

Loop On-Grade Paving Rehabilitation Contract G60-155

It is recommended that the Commission authorize the acceptance of the tender submitted by Gazzola Paving Limited, (Gazzola) in the amount of $344,394.00 for Contract G60-155 Humber Bus Loop On-Grade Paving Rehabilitation.

APPROVED

10. Procurement Authorization Mount Dennis

Bus Garage Contract X1-1 Contract Change X1-1-32R1

It is recommended that the Commission approve Contract Change X1-1-32R1 to Vanbots Construction Corporation, in the credit amount of ($171,559.57), to delete the requirement for the supply and installation of a brake tester.

APPROVED

11. Procurement Authorization Installation

of CCTV Infrastructure in Various Stations Contract G60-164

It is recommended that the Commission authorize acceptance of the proposal submitted by Hart-Well Electrical Co. Ltd. and award of a contract in the upset limit amount of $1,200,000.00 for Contract G60-164, Installation of CCTV Infrastructure in Various Stations.

APPROVED

12. Procurement Authorization Contract

No. G85-221 Administrative Services Contract

It is recommended that the Commission authorize the issuance of a purchase order to ATS Reliance Technical Group, in the upset limit amount of $1,700,000, for provision of administrative services staff. The term of the Contract shall be five years from Notification of Award.

APPROVED

13. Increase of Authorization Triennial –

Electrical Consultant Services Contract No. C11PC06719

It is recommended that the Commission authorize an increase of $750,000 to The Employment Solution (T.E.S. Contract Services Inc.) for the provision of Architectural and Mechanical services bringing the total authorization from $915,000 to $1,665,000.

APPROVED

14. Procurement Authorization Key Station

Accessibility Lawrence West Station Contract A45-8

It is recommended that the Commission authorize the acceptance of the tender submitted by Consolidated Canadian Contractors (1031644 Ontario Inc.) (Consolidated) in the amount of $3,578,000.00 for Contract A45-8, Key Station Accessibility – Lawrence West Station.

APPROVED

15. Procurement Authorization – Supply and Laundering

of Towels and the Laundering of Maintenance Work Clothing

It is recommended that the Commission approve the issuance of purchase orders to G&K Services Canada Inc. for the supply and laundering of towels in the upset limit of $468,000 and to Cintas Canada Ltd. for the laundering of maintenance work clothing in the upset limits of $567,000, each, for a five year period from November 1, 2006 to October 31, 2011.

APPROVED

16. Procurement Authorization – Supply of High Speed Copier

It is recommended that the Commission approve the issuance of a purchase order to Xerox Ltd. in the upset limit of amount of $340,000 for the supply of a (demonstrator) high speed copier including maintenance for a five year period.

APPROVED

17. Procurement Authorization – Supply of Safety Equipment/Apparel

It is recommended that the Commission approve the issuance of a purchase order to Hansler Smith Limited (Hansler Smith) in the total upset limit amount of $7,200,000 for the supply of safety equipment over a three-year period commencing November 1, 2006 to September 30, 2009.

APPROVED

18. Procurement Authorization – Inspection, Testing and Maintenance

Service of TTC Fixed Mounted Diesel Powered Standby Generators

It is recommended that the Commission approve the issuance of a purchase order to Harper Generator Services Division for the inspection, testing and maintenance of diesel powered generators in the total amount of $760,611.15 for a four-year period from September 1, 2006 to August 31, 2010.

APPROVED

19. Procurement Authorization Rental Contract – Non-Revenue Vehicles

It is recommended that the Commission authorize the awards of three (3) annual contracts, commencing from the date of Notification of Award to August 31, 2007, to Somerville Auto Ltd. O/A National Car & Truck Rental/Somerville National Leasing & Rentals Ltd., Ryder Truck Rental Canada Ltd., and Discount Car and Truck Rentals Ltd. in the upset limit amounts of $400,000.00, $80,000.00, and $70,000.00 respectively for a total upset limit amount of $550,000.00 for the rental of non-revenue vehicles.

APPROVED

20. Procurement Authorization – Laser Clearance and Tunnel Shape Survey

ON THE REQUEST OF STAFF, THE COMMISSION AGREED TO THE DEFERRAL OF THIS ITEM.

21. Procurement Authorization – Installation and Removal of Surface

Traction Power Cables for Streetcar Overhead System RFP No. P31PJ06811

It is recommended that the Commission authorize awarding a three-year contract for the Installation and Removal of Surface Traction Power Cables for the Streetcar Overhead System to Black & McDonald Limited, in the upset limit amount of $1,000,000.00.

APPROVED

22. Procurement Authorization – Supply of Closed Circuit Television (CCTV) Equipment

It is recommended that the Commission approve the issuance of a purchase order to Southwest Surveillance Systems Canada Corporation in the total upset limit amount of $2,300,000.00 for the supply of Closed Circuit Television (CCTV) equipment for a three year period from September 1, 2006 to August 31, 2009.

APPROVED

23. Procurement Authorization – Elevator Maintenance Service Contract

It is recommended that the Commission approve the award for an elevator maintenance service contract to Kone Inc. in the upset limit amount of $4,990,000.00 for a five-year period from September 1, 2006 to August 31, 2011.

APPROVED

24. Procurement Authorization – Supply of Architectural Paint

It is recommended that the Commission authorize acceptance of the proposal submitted by ICI Canada/Glidden Paints (Glidden), in the upset limit amount of $500,000.00, for the supply of architectural paint for the contract period September 1, 2006 to August 31, 2009.

APPROVED

25. Procurement Authorization – Supply of Hydrovac Excavating Services

It is recommended that the Commission authorize the award of a contract to Aquablast Corporation, in the upset limit amount of $750,000.00, for the supply of hydrovac excavating services, in the subway/SRT system, for the three-year period of September, 2006 to August 31, 2009.

APPROVED

26. Purchase of High-Frequency Diesel-Electric Track Tools

It is recommended that the Commission authorize unbudgeted expenditures for the award of a single-source contract to Modern Track Machinery Canada Ltd., in the upset limit amount of $60,237.60, for the supply of high-frequency diesel-electric track tools.

APPROVED

27. Purchase Authorization – Information Technology

Placement Firms for Technical Service Assistance

It is recommended that the Commission approve the issuance of contracts to the following eight companies on the basis of the highest rated qualified proponents with reasonable pricing for a period of three years (with an option for an additional two year extension) from Notification of Award, in the upset limit amounts as indicated below:

1. Bevertec CST Inc. $ 5,100,000

2. Computer Horizons (Canada) Corp. $ 5,100,000

3. Design Group Staffing Inc. (Operating as INTEQNA) $ 5,100,000

4. GSI International Consulting Group $ 5,100,000

5. IT/Net Toronto Inc. $ 5,100,000

6. Ian Martin Limited $ 5,100,000

7. Procom (Procom Consultants Group Limited) $ 5,100,000

8. TES Contract Services inc. O/S The Employment Solution $ 5,100,000

Total Upset Limit Amount (3 year term) $40,800,000

APPROVED

28. Purchase of BAE Systems Parts

It is recommended that the Commission authorize the awarding of a three-year inventory supply contract for BAE Systems parts to BAE Systems Controls Incorporated for the period from September 2006 to August 2009 for an upset limit of $1,353,000 USD ($1,535,000 CDN) including applicable taxes.

APPROVED

29. Purchase of Unitec Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of various Unitec escalator parts for the period September 2006 to September 2009 to Unitec Parts Company for an upset limit of $537,000 USD ($597,000 CDN) including applicable taxes.

APPROVED

30. Purchase of Rail

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of rail to L.B. Foster Company for the period from September 2006 to August 2009 for an upset limit of $35,000,000 including applicable taxes.

APPROVED

31. Purchase of Various Brake Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for the supply of various brake parts for the period September 2006 to August 2009 to the following companies:

- Graham-White Manufacturing Company for $440,000 (CDN) including applicable taxes.

- Bartlett-Provincial Brake Incorporated for $215,500 including applicable taxes.

- Fort Garry Industries Limited for $202,500 including applicable taxes.

- MCI Service Parts Incorporated for $64,000 including applicable taxes.

- New Flyer Industries Canada ULC for $47,500 including applicable taxes.

- Orion Bus Industries Limited for $28,000 including applicable taxes.

APPROVED

32. Purchase Order Amendment Authority – Supply and Install Filtered

Reverse Osmosis with Ultraviolet Sterilization Water Coolers at Various Locations

It is recommended that the Commission approve the extension of the contract with Crystal Springs – Danone Waters of North America (Crystal Springs) for rental of 99 water coolers, complete with reverse osmosis units and ultra violet sterilization from September 1, 2006 to August 31, 2009 at a cost of $216,762.48.

APPROVED

CHAIR MOSCOE MOVED THAT STAFF BE REQUESTED TO REPORT BACK WITH A DETAILED ANALYSIS OF THE WATER PIPING ON A SITE BY SITE BASIS, INCLUDING RECOMMENDATIONS FOR POSSIBLE REMEDIATION.

THE MOTION BY CHAIR MOSCOE CARRIED.

33. Purchase Order Amendment – Supply of Rail Grinding Services

It is recommended that the Commission authorize an amendment to the Purchase Order with Loram Rail Services LLC, for the supply of rail grinding services in the Subway/SRT System, increasing the total contract upset limit by $800,000 to $1,930,000.00, to cover an increase in grinding requirements.

APPROVED

34. Supply of Pizza for 2006 – TTC United Way Campaign

It is recommended that the Commission approve awarding a contract to Pizza Pizza Limited for the purchase of pizza for the 2006 TTC United Way Employee Campaign, in the total upset limit amount of $300,000 including applicable taxes.

APPROVED

35. Surface Vehicle Safety Camera System

It is recommended that the Commission:

1. Confirm approval to proceed with the supply and installation of 1,750 Surface Vehicle Safety Camera Systems on all conventional surface transit vehicles (buses and streetcars), noting that:

· the subject of this report addresses recommendation no. 17 of the Operator Assault Task Force, and

· this project has been included in an application for funding under the Transit-Secure Program Round 1 for the period to March 31, 2008;

2. Authorize award of a contract to March Networks Corporation in the total upset limit amount of $14,800,000 on the basis of the only acceptable submission for the supply of 1,750 full motion high quality, on-board camera systems, digital recording equipment, recommended spare parts, and necessary software tools to support these systems on TTC conventional surface vehicles, noting that the initial award will be limited to the approval of $2,825,000; with the remaining $11,975,000 upset limit award, subject to City Council approval;

3. Approve increased capital funding of $14,007,000 for this project for a total project cost of $16,832,000, noting that the revised project will be included in the TTC’s 2007-2011 Capital Program budget;

4. Approve a total project cost of $1,500,000 in new capital funding to supply and install 150 Safety Camera Systems on Wheel-Trans vehicles noting that:

· Wheel-Trans did not participate in the Task Force,

· any inappropriate conduct which occurs on the vehicle will be recorded and used to support any criminal investigations, and

· this new project will be included in the TTC’s 2007-2011 Capital Program budget;

5. Authorize award of a contract to March Networks Corporation in the total upset limit amount of $1,500,000 on the basis of the only acceptable submission for the supply of 150 full motion high quality, on-board camera systems, digital recording equipment, recommended spare parts, and necessary software tools to support equipment, recommended spare parts, and necessary software tools to support these systems, noting that the award will be subject to confirmation of City Council approval; and

6. Forward this report to the Budget Advisory Committee for approval and consideration by City of Toronto Council in September 2006 in conjunction with the 2007 Capital Budget pre-approval request process.

APPROVED

CHAIR MOSCOE MOVED:

1. THAT STAFF BE REQUESTED TO BRING FORWARD FOR THE APPROVAL OF THE COMMISSION A PROTOCOL FOR THE USE OF THE CAMERA DATA; AND

2. THAT STAFF BE REQUESTED TO REPORT ON THE ROLL OUT PLAN FOR THE CAMERAS.

THE MOTIONS BY CHAIR MOSCOE CARRIED.

36. Waste Handling and Disposal Services

It is recommended that the Commission approve the attached report entitled, “Procurement Authorization – Provision of Waste Handling and Disposal Services”, which was submitted to the July 19, 2006 Commission meeting, on the understanding that this contract can be

terminated in the future if TTC and the City identify a more beneficial method of dealing with these materials.

APPROVED

CHAIR MOSCOE MOVED THAT STAFF BE REQUESTED TO REPORT BACK WITHIN FOUR MONTHS ON THE CITY’S EXPLORATION OF ALTERNATIVE OPTIONS.

THE MOTION BY CHAIR MOSCOE CARRIED.

37. Funding Approval for Operator

Protective Barriers on Buses and Streetcars

CHAIR MOSCOE MOVED ADOPTION OF THE STAFF RECOMMENDATION, IN PRINCIPLE, AS LISTED BELOW:

“IT IS RECOMMENDED THAT THE COMMISSION:

1. CONFIRM APPROVAL TO PROCEED WITH THE CONTINUED DEVELOPMENT, FABRICATION AND INSTALLATION OF PROTECTIVE BARRIERS ON ALL SURFACE REVENUE VEHICLES, NOTING THAT:

· THE SUBJECT OF THIS REPORT ADDRESSES RECOMMENDATION NO. 16 OF THE OPERATOR ASSAULT TASK FORCE, AND

· THE IMPLEMENTATION OF THESE BARRIERS ON SURFACE VEHICLES IS DEPENDENT UPON OPERATOR ACCEPTANCE;

2. APPROVE CAPITAL FUNDING IN THE AMOUNT OF $2,710,000 FOR THIS NEW PROJECT, NOTING THAT:

· APPROXIMATELY $272,000 WILL BE SPENT IN 2006 AND WILL BE HELD IN TTC ACCOUNTS PENDING APPROVAL BY CITY OF TORONTO COUNCIL; AND

· THIS PROJECT WILL BE FORMALLY SUBMITTED FOR APPROVAL THROUGH THE TTC’S 2007-2011 CAPITAL PROGRAM BUDGET PROCESS;

3. FORWARD THIS REPORT TO THE BUDGET ADVISORY COMMITTEE FOR APPROVAL AND CONSIDERATION BY CITY OF TORONTO COUNCIL IN SEPTEMBER 2006 IN CONJUNCTION WITH THE 2007 CAPITAL BUDGET PRE-APPROVAL REQUEST PROCESS.”

CHAIR MOSCOE MOVED:

1. THAT THE COMMISSION BE GIVEN THE OPPORTUNITY TO REVIEW THE DESIGN OF THE SHIELDS PRIOR TO PROCEEDING ANY FURTHER.

2. THAT STAFF UNDERTAKE A PROCESS TO ASSESS ACCEPTANCE OF THE BARRIERS BY TTC CUSTOMERS.

THE MOTIONS BY CHAIR MOSCOE CARRIED.

38. Donation of Four Serviceable Buses

It is recommended the Commission approve the donation of four retired GM buses for off-property repair by Union volunteers and other citizens capable of performing the required repairs to the satisfaction of an MTO inspection.

APPROVED

39. Summary of Authorized Expenditures Between

$100,000 to $200,000 for the Period June 1, 2006 to June 30, 2006

It is recommended that the Commission receive this report for information. It lists expenditures ($100,000 up to $200,000) for the period June 1, 2006 to June 30, 2006, which were approved by Senior Management.

RECEIVED

CHAIR MOSCOE MOVED THAT STAFF BE REQUESTED TO REPORT BACK AT A FUTURE MEETING ON THE ITEM EMBODIED IN THE STAFF REPORT ENTITLED, “PROPERTY DEVELOPMENT – C26PC05920 – CUBIC TRANSPORTATION SYSTEMS – MAINTENANCE AGREEMENT FOR THE COMMUTER PARKING AUTOMATED FARE COLLECTION EQUIPMENT.”

THE MOTION BY CHAIR MOSCOE CARRIED.

OTHER BUSINESS

40. Russell Hill Subway Train Accident

of August 11, 1995 Due Diligence Checklist

It is recommended that the Commission:

i) Receive for information the updated Due Diligence Checklist relating to the Russell Hill Subway Train Accident of August 11, 1995, which provides a status report on the progress toward closing the Coroner’s Jury Recommendations and the TTC’s Internal Team Recommendations.

ii) Forward this report to the Chief Coroner of Ontario, the City of Toronto, and the Province of Ontario for information.

APPROVED

41. Status of “Service Improvements for 2006” Report

It is recommended that the Commission:

1. Note that:

· The Service Improvements for 2006 report has identified 16 service changes that are warranted by the service standards. These changes would improve service for approximately 810,000 current customer-trips annually and attract approximately 170,000 new customer-trips annually to the TTC;

· Five of the changes, listed in Table 1A, can be implemented without additional resources and can proceed immediately;

· Implementation of the remaining eleven service changes, shown in Table 1B, will be deferred until the fall of 2007 due to the shortage of buses and operators. They will be incorporated into the Service Improvements in 2007 report planned for the spring of 2007;

2. Initiate a 10-week consultation process regarding the five recommended service changes that require no additional operating costs listed in Table 1A and which are described in the attached Appendix A, noting that the results of the consultation will be reported to the Commission along with an implementation schedule for the recommended changes;

3. Forward this report to members of City Council with a request that they provide comments on the service change recommendations by November 10, 2006; and

4. Forward this report to the city of Mississauga, York Region, and GO Transit.

APPROVED

VICE-CHAIR GIAMBRONE MOVED:

1. THAT SERVICE PLANNING STAFF BE REQUESTED, AS PART OF THE NEXT ROUND, ANALYZE THE RETURN OF A BUS ROUTE ALONG VAUGHAN ROAD TO BATHURST SUBWAY STATION.

2. THAT STAFF BE REQUESTED TO REPORT BACK ON THE EXTENSION OF THE DUFFERIN 29 ROUTE TO THE EXHIBITION GROUNDS.

THE MOTIONS BY VICE-CHAIR GIAMBRONE CARRIED.

42. Scarborough RT Strategic Plan

COMMISSIONER DE BAEREMAEKER MOVED ADOPTION OF THE STAFF RECOMMENDATION EMBODIED IN THE REPORT, AS LISTED BELOW:

“IT IS RECOMMENDED THAT THE COMMISSION:

1. ENDORSE THE CONCLUSIONS OF THE ATTACHED REPORT WHICH ARE, IN SUMMARY:

· UPGRADING THE SCARBOROUGH RT LINE TO ACCOMMODATE LARGER, NEW-GENERATION RT VEHICLES IS THE LOWEST-COST OPTION TO ACCOMMODATE PROJECTED DEMAND, AND TO ENCOURAGE INCREASED TRANSIT RIDERSHIP IN THE CORRIDOR;

· UPGRADING THE SCARBOROUGH RT MINIMIZES THE SERVICE DISRUPTIONS WHICH ARE UNAVOIDABLE WITH ANY IMPROVEMENTS TO THIS CORRIDOR, OFFERS THE GREATEST ABILITY TO QUICKLY INCREASE CAPACITY ON THE LINE, AND PROVIDES AN OPPORTUNITY TO IMPROVE THE PASSENGER TRANSFER BETWEEN THE SUBWAY AND THE RT AT KENNEDY STATION;

· MAKING A LONGER-TERM COMMITMENT TO NEW-GENERATION RT VEHICLES CARRIES WITH IT THE RISKS ASSOCIATED WITH OWNING AND MAINTAINING A SMALL FLEET OF VEHICLES, WITH A UNIQUE TECHNOLOGY, WHICH IS CURRENTLY AVAILABLE FROM ONLY ONE SUPPLIER;

· IT WOULD NOT BE COST-EFFECTIVE OR JUSTIFIABLE TO REPLACE THE EXISTING SCARBOROUGH RT WITH AN EXTENSION OF THE BLOOR-DANFORTH SUBWAY. ALSO, SUCH A CHANGE COULD NOT PRACTICALLY BE IMPLEMENTED IN THE TIME FRAME REQUIRED FOR REPLACEMENT OF THE EXISTING AGING RT;

· THERE ARE OPPORTUNITIES TO EXTEND THE SCARBOROUGH RT AND TO EXPAND AND INTRODUCE NEW RAPID TRANSIT SERVICE ELSEWHERE IN SCARBOROUGH. A COMPREHENSIVE RAPID TRANSIT PLAN FOR SCARBOROUGH, LED BY TTC AND CITY STAFF, SHOULD BE UNDERTAKEN TO DETERMINE THE BEST WAY OF INTEGRATING EXISTING AND POSSIBLE FUTURE RAPID TRANSIT FACILITIES INCLUDING SURFACE RAPID TRANSIT (BUS RAPID TRANSIT AND STREETCAR/LRT), THE SCARBOROUGH RT LINE, AND THE SHEPPARD SUBWAY;

2. APPROVE, IN PRINCIPLE, THE UPGRADING OF THE SCARBOROUGH RT LINE AS SOON AS POSSIBLE TO ACCOMMODATE LARGER, NEW-GENERATION RT VEHICLES, AND TO PROVIDE NEEDED INCREASED SERVICE CAPACITY, NOTING THAT:

· UPGRADING OF THE LINE IS ESTIMATED TO COST $190 MILLION (2006 $) AND WILL REQUIRE THAT SERVICE BE DISRUPTED FOR UP TO EIGHT MONTHS;

· THE PURCHASE OF NEW-GENERATION RT VEHICLES TO REPLACE THE EXISTING FLEET, AND TO ACCOMMODATE FORECAST DEMAND TO 2031, IS ESTIMATED TO COST $170,000 MILLION (2006 $);

· WITH SUCH APPROVAL, FUNDING FOR UPGRADING THE LINE, AND FOR THE PURCHASE OF LARGER, NEW-GENERATION RT VEHICLES, WILL BE INCLUDED IN THE TTC 2007-2011 CAPITAL PROGRAM BUDGET SUBMISSION;

· STAFF WILL BRING FORWARD A PROPOSED IMPLEMENTATION AND STAGING PLAN FOR UPGRADING OF THE SCARBOROUGH RT LINE TO ACCOMMODATE NEW-GENERATION VEHICLES;

3. AUTHORIZE STAFF TO INITIATE A CONSULTANT PROJECT TO DEVELOP AN INTEGRATED RAPID TRANSIT PLAN FOR SCARBOROUGH, TO ADDRESS:

· EXTENSION OF THE SCARBOROUGH RT LINE TO SHEPPARD AVENUE AND OTHER POSSIBLE CORRIDORS;

· SURFACE STREETCAR/LRT OR BUS RAPID TRANSIT ON ROADS SUCH AS KINGSTON ROAD (A PORTION OF WHICH IS CURRENTLY UNDER STUDY AND WILL BE THE SUBJECT OF AN ENVIRONMENTAL ASSESSMENT STARTING IN 2007), DANFORTH AVENUE, EGLINTON AVENUE, SHEPPARD AVENUE, MARKHAM ROAD, AND THE FINCH HYDRO CORRIDOR;

· STAGE CONSTRUCTION OF THE SHEPPARD SUBWAY EAST FROM DON MILLS STATION; AND

4. FORWARD THIS REPORT TO THE CITY OF TORONTO.”

THE MOTION BY COMMISSIONER DE BAEREMAEKER CARRIED.

COMMISSIONER DE BAEREMAEKER MOVED THAT STAFF BE REQUESTED TO REPORT BACK BY THE END OF 2006 ON THE SCARBOROUGH CAUCUS SUBMISSION AND COMMENTS RECEIVED FROM STEVE MUNRO THROUGH HIS DEPUTATION.

THE MOTION BY COMMISSIONER DE BAEREMAEKER CARRIED.

COMMISSIONER ASHTON MOVED THAT STAFF BE REQUESTED TO REPORT FURTHER AND CLARIFY THE RATIONALE FOR NOT RECOMMENDING THE LRT OPTION ON THE EXISTING RIGHT-OF-WAY AND AS PART OF A LARGER LRT NETWORK.

THE MOTION BY COMMISSIONER ASHTON CARRIED.

Commissioner De Baeremaeker also clarified for staff that the Malvern Town Centre is located at Neilson Road and Sewells Road not Markham Road and Sheppard Avenue as noted on page 1 of the Scarborough Councillors submission.

43. 320 Yonge Extension to University Avenue: Post-Implementation Review

It is recommended that the Commission:

1. Approve the elimination of the 320B YONGE overnight service west of Bay Street to Queen’s Park, seven days a week, effective November 26, 2006, because of low ridership and unacceptable financial performance.

2. Forward this report to Councillor McConnell and Councillor Rae.

APPROVED

44. Carbon Monoxide Incident of February 7, 2006

G. Webster, Interim Chief General Manager gave a verbal update with respect to this matter.

J. O’Grady, Chief Safety Officer also gave an overhead slide presentation.

THE COMMISSION RECEIVED THE PRESENTATION AND STAFF REPORT FOR INFORMATION.

RECOGNIZING THE VERY SERIOUS NATURE OF THE INCIDENT, PARTICULARLY THE IMPACT IT HAS HAD ON THE EFFECTED EMPLOYEES AND THEIR FAMILIES, CHAIR MOSCOE MOVED THAT:

1. MANAGEMENT IMPLEMENT THE RECOMMENDATIONS SET OUT IN THE FINAL REPORT;

2. MANAGEMENT REPORT BACK IN SIX MONTHS ON THE STATUS OF THE RECOMMENDATIONS;

3. MANAGEMENT REVIEW HOW IMPROVEMENTS CAN BE MADE ON THE ONGOING FOLLOW-UP OF EMPLOYEES’ HEALTH FOLLOWING INCIDENTS OF A TRAUMATIC NATURE; AND

4. MANAGEMENT CONSIDER THE COMMENTS RECEIVED TODAY AND HOW THEY SHOULD BE APPROPRIATELY ADDRESSED, WITH A REPORT BACK TO THE COMMISSION.

THE MOTION BY CHAIR MOSCOE CARRIED.

COMMISSIONER BUSSIN MOVED:

1. THAT STAFF BE REQUESTED TO LOOK AT WHETHER OR NOT THERE IS A REQUIREMENT FOR ATTENDANT CARE; AND

2. THAT STAFF LOOK AT, AS STATED BY THE DEPUTANTS, THE TRUE LOSS OF EARNINGS, INCLUDING OTHER EARNINGS.

THE MOTIONS BY COMMISSIONER BUSSIN CARRIED.

VICE-CHAIR GIAMBRONE MOVED THAT STAFF REPORT BACK ON CURRENT EMERGENCY NOTIFICATION PROTOCOLS DURING SERIOUS INCIDENTS OR ACCIDENTS.

THE MOTION BY VICE-CHAIR GIAMBRONE CARRIED.

45. Property Agreement – Greenwood Yard – Oakvale Residents Association

It is recommended that the Commission authorize staff to enter into a Memorandum of Understanding (“MOU”) with the Oakvale Residents Association (“OKRA”) for their use of a portion of the tablelands above Greenwood Yard on terms and conditions acceptable to TTC’s General Counsel.

APPROVED

46. TTC Corporate Policy Review –

Policy/Instruction 3.1.3, Art in Public Transit Facilities

CHAIR MOSCOE MOVED ADOPTION OF TTC CORPORATE POLICY/INSTRUCTION 3.1.3, ART IN PUBLIC TRANSIT FACILITIES, SUBJECT TO AMENDING SECTION 5.1 AND SECTION 7.0 TO READ, AS FOLLOWS:

“SECTION 5.1

THE STANDARD ALLOWANCE FOR PUBLIC ART SHALL BE AT LEAST 1% OF THE OVERALL COST OF THE PUBLIC AREAS OF THE FACILITY.”

“SECTION 7.0

ARTWORK OR ARTEFACTS MAY BE REMOVED WITH THE COMMISSION’S APPROVAL AT ANY TIME ON THE RECOMMENDATION OF STAFF, SUBJECT TO CONSULTATION WITH THE ARTIST AND THE COMMISSION.”

THE MOTION BY CHAIR MOSCOE CARRIED.

47. TTC Corporate Policy Review –

Policy 4.19.3 Work Clothing – Staff Employees

It is recommended that the Commission approve the following TTC Corporate Policy 4.19.3, Work Clothing – Staff Employees, which is attached hereto as Appendix A.

APPROVED

48. Staff Response to Commission Inquiry

a) TTC Corporate Policy/Instruction 10.19.0, System Safety Plan

The Commission had before it a memorandum dated August 30, 2006 from G. Webster, Interim Chief General Manager entitled, “Staff Response to Commission Inquiry – TTC Corporate Policy/Instruction 10.19.0, System Safety Plan.”

THE COMMISSION APPROVED THE RECOMMENDATION CONTAINED IN THE MEMORANDUM, AS LISTED BELOW:

“IT IS RECOMMENDED THAT THE COMMISSION APPROVE THE ATTACHED POLICY/INSTRUCTION 10.19.0, SYSTEM SAFETY PLAN.”

b) Automatic Station Entrance at Sheppard Station

The Commission had before it a memorandum dated August 30, 2006 from G. Webster, Interim Chief General Manager entitled, “Staff Response to Commission Inquiry – Automatic Station Entrance at Sheppard Station.”

THE COMMISSION RECEIVED THE MEMORANDUM FOR INFORMATION.

c) Rehabilitation of Glencairn Subway Station

The Commission had before it a memorandum dated August 30, 2006 from G. Webster, Interim Chief General Manager entitled, “Staff Response to Commission Inquiry – Rehabilitation of Glencairn Subway Station.

THE COMMISSION RECEIVED THE MEMORANDUM FOR INFORMATION.

CHAIR MOSCOE MOVED THAT, IN THE INTERIM, THE TTC ARRANGE FOR A SUITABLE LOCATION TO TEMPORARILY LOCATE THE NEWSPAPER BOXES, PARTICULARLY THE “METRO” BOX IN THE STATION.

THE MOTION BY CHAIR MOSCOE CARRIED.

49. Correspondence

C-1 John Davies, Executive Director – Information & Technology, City of Toronto dated August 4, 2006 responding to a Commission inquiry on the status of a motion passed by Council to build a platform to accommodate TTC real-time information as it relates to the 311/511 projects.

THE COMMISSION RECEIVED THE COMMUNICATION FOR INFORMATION.

CHAIR MOSCOE MOVED THAT MR. DAVIES BE REQUESTED TO PROVIDE THE COMMISSION WITH A MORE DETAILED EXPLANATION OF THE RISK ASSOCIATED WITH THE IMPLEMENTATION OF A REAL-TIME PASSENGER INFORMATION SYSTEM AT THE TTC, AS NOTED IN HIS COMMUNICATION.

THE MOTION BY CHAIR MOSCOE CARRIED.

C-2 Dennis Keshinro, Belka Enrichment Centre, dated June 20, 2006 requesting that three volunteers be allowed to come and take driver training at the TTC.

THE COMMISSION RECEIVED THE COMMUNICATION.

C-3 The Honourable Madeleine Meilleur, Minister of Community and Social Services, dated August 17, 2006, thanking the TTC for its participation in the standards development process re: Accessibility for Ontarians with Disabilities Act, 2005, and suggests that the TTC present its proposal that streetcar services be 33 per cent accessible by 2015 and 100 per cent accessible by 2025 to the T-SDC at their upcoming meeting.

COMMISSIONER MIHEVC MOVED THAT THE COMMISSION RECEIVE THE COMMUNICATION AND FORWARD A COPY TO THE CITY OF TORONTO DISABILITY ISSUES COMMITTEE FOR INFORMATION.

THE MOTION BY COMMISSIONER MIHEVC CARRIED.

C-4 Sam Savona, Chair, Advisory Committee on Accessible Transportation (ACAT), dated August 24, 2006, submitting ACAT’s recommendations concerning the design of the new subway cars.

THE COMMISSION REFERRED THE COMMUNICATION TO STAFF FOR CONSIDERATION.

C-5 David Rathgeber, President and Helen Hansen, Director, Lansing Community Association, dated August 26, 2006, providing comments regarding Report No. 48b) entitled, “Staff Response to Commission Inquiry – Automatic Station Entrance at Sheppard Station.”

THE COMMISSION RECEIVED THE COMMUNICATION FOR INFORMATION.

C-6 Councillor Paula Fletcher, dated, August 1, 2006, requesting that the TTC waive its fees associated with the diversion of service for the East Chinatown DragonFest on Saturday, September 16, 2006.

COMMISSIONER BUSSIN MOVED THAT STAFF BE REQUESTED TO WAIVE FEES RELATING TO DRAGONFEST ON SATURDAY, SEPTEMBER 16, 2006, AND THAT THIS BE DONE ON A ONE TIME BASIS, SUBJECT TO THE DEVELOPMENT OF A POLICY ADDRESSING THE FEE ISSUE.

THE MOTION BY COMMISSIONER BUSSIN CARRIED.

50. New Business

a) Operation of TTC Heritage Streetcars

COMMISSIONER BUSSIN MOVED THAT STAFF BE REQUESTED TO DEVELOP A POLICY AROUND THE USE OF THE TTC HISTORIC STREETCARS BY COMMUNITIES FOR SPECIAL EVENTS, AND THAT THIS SPECIAL AMENITY BE PROVIDED ON THE BASIS OF ONE TIME EACH YEAR, IF REQUESTED.

THE MOTION BY COMMISSIONER BUSSIN CARRIED.

CHAIR MOSCOE MOVED THAT STAFF BE REQUESTED TO REPORT BACK ON THE FOLLOWING MOTION BY COMMISSIONER MIHEVC:

“THAT STAFF BE REQUESTED TO HIRE A CONSULTANT TO UNDERTAKE A STUDY TO REVIEW THE OPERATION OF THE THREE HERITAGE STREETCAR VEHICLES WITH A VIEW TO ENHANCING THE USE AND IMAGE OF THE VEHICLES, AND REQUEST STAFF TO DEVELOP TERMS OF REFERENCE FOR SUCH A STUDY.”

THE MOTION BY CHAIR MOSCOE CARRIED.

The meeting adjourned at 7:20 p.m.