Board Meeting - March 20, 2002

B. Ashton (Chair), M. Silva (Vice-Chair), D. Miller, G. Altobello, B. Disero, J. Mihevc, H. Moscoe, S. Shaw and N. Kelly (Commissioners), R. Ducharme (Chief General Manager), V. Rodo (General Manager - Executive & General Secretary), G. Webster (General Manager – Operations), J. Sepulis (General Manager - Engineering & Construction), L. Hilborn (Deputy General Manager - Corporate), B. Leck (General Counsel), M. Walker (Chief Security Officer), A. Chocorlan (Manager - Materials & Procurement), M. Roche (Chief Financial Officer), T. Clarke (Director - Compensation & Organizational Design), R. Hughes (Chief Marketing Officer), M. Stambler (Manager - Service Planning), W. Buffett (Assistant General Secretary), and F. Stanois (Coordinator - Secretariat Services) were present.

B. Ashton was in the Chair.

J. Anderton, Commissioner - Corporate Services, City of Toronto was present for Item No. 21.

Commissioner Disero declared an interest with respect to Item Nos. 8 and 21 entitled, "Disposal of Surplus Properties - Method of Sale" and "Review of TTC Properties - Optimize Revenue from Development Potential", as it relates to content concerning the Danforth Garage property.

Commissioner Disero took no part in the discussions or decisions made with respect to these matters.

Minutes Of Previous Meeting

On Motion Of Commissioner Altobello, The Commission Approved The Minutes From Meeting No. 1808 And Authorized The Chair And General Secretary To Sign The Same.

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1. Award of Merit - Operator Glenn Chadwick and Mr. Florian Bizindavyi

Chair Ashton advised that on February 10, 2002, Operator Glenn Chadwick was operating his bus at Tretheway Drive and Black Creek Drive, when he observed a man standing on a bridge about to jump. Operator Chadwick stopped his bus, approached the man, and began to speak with him. A customer from the bus, Mr. Florian Bizindavyi, joined Operator Chadwick and both attempted to persuade the man to step off the ledge of the bridge. Operator Chadwick, believed the male was going to jump so he indicated to Mr. Bizindavyi to grab the man. Both men reached out, grabbed the man and pulled him to safety. Police attended and transported the man to hospital.

On behalf of the Commission, Chair Ashton presented Operator Chadwick and Mr. Bizindavyi with an Award of Merit in recognition of their courageous actions. (Mr. Bizindavyi was also presented with a Metropass).

2. Chief General Manager's Report - Period 12 December 2 to December 31, 2001

It is recommended that the Commission:

1. receive for information the attached Chief General Manager's (CGM's) report covering the period December 2 to December 31, 2001, noting that:

• 2001 TTC Operating Budget

the preliminary, unaudited, operating results indicate that no draw from the Riders Reserve is required;

• 2001 Wheel-Trans Operating Budget

the year-end unaccommodated rate for Wheel-Trans was 4.1% and there was no shortfall;

• 2001-2005 Capital Program

the 2001 year-end cash flow was under budget by $50.1 million; and

2. Forward a copy of this cover report 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).

Adopted

3. Procurement Authorization 130 Bloor Street West - Structural Rehabilitation Contract U3-2

Commissioner Miller Moved An Amendment To The Report By Striking Out Recommendations A) And B) And Replacing In Lieu Thereof The Following Wording:

"A) TTC Staff Entering Into Satisfactory Arrangements With The Property Owners Including The Property Owners Granting TTC A Permission To Enter And Construct To Complete Contract U3-2",

So Such Recommendation Reads As Follows:

"it Is Recommended That The Commission Authorize The Acceptance Of The Tender Submitted By Underground Services (1983) Ltd. In The Amount Of $289,000.00 For Contract U3-2 - 130 Bloor Street West - Structural Rehabilitation Subject To The Following Conditions:

A) TTC Staff Entering Into Satisfactory Arrangements With The Property Owners Including The Property Owners Granting TTC A Permission To Enter And Construct To Complete Contract U3-2."

The Commission Approved Commissioner Miller's Motion.

4. Procurement Authorization Roncesvalles and Russell Carhouse Upgrades - Contract G35-19

It is recommended that the Commission authorize the acceptance of the tender submitted by Maple Engineering & Construction Canada Ltd. in the amount of $1,049,000.00, for Contract G35-19 Roncesvalles and Russell Carhouse Upgrades.

Approved

5. Procurement Authorization Excavation and Paving 2002 Surface Track Program

It is recommended that the Commission:

1. Approve the issuance of a Purchase Order in the total upset limit amount of $14,000,000 to the City of Toronto - Department of Works and Emergency Services, for the Commission's cost of excavation and paving within the track allowance and to cover the Commission's portion of structural costs for the rehabilitation of the Queen/King/Don River Bridge. This work will be completed by the City of Toronto in 2002; and

2. Note that the planning and pre-construction work is underway at this time in an effort to complete the work in a timely and cost efficient manner.

Approved

6. Purchase of Oetiker Parts

It is recommended that the Commission authorize the awarding of an inventory supply contract for Oetiker parts to Oetiker Limited for an upset limit of $260,000 including applicable taxes for the period from March 2002 to March 2005.

Approved

Commissioner Moscoe Moved That During The Term Of This Contract Staff Be Requested To Explore The Availability Of Alternative Parts, And If Alternatives Exist, Conduct Tests To Determine Their Viability.

The Commission Approved Commissioner Moscoe's Motion.

7. Purchase of Automotive Jobber Parts

It is recommended that the Commission authorize the following:

• A supply contract for automotive jobber parts from March 2002 to June 2004 for $420,000 including applicable taxes to Neoplan Canada.
• A supply contract for automotive jobber parts from March 2002 to June 2004 for $42,000 including applicable taxes to New Flyer Industries.
• Amendment in the amount of $460,000 for a revised upset limit of $720,000 for the supply of additional automotive jobber parts to MCI Service Parts.

Approved

8. Disposal of Surplus Properties - Method of Sale

Commissioner Miller Moved Adoption Of The Recommendation Contained In The Report, As Listed Below, Subject To Deferring The Component Relating To The Sale Of The Beresford Substation For A Period Of Two Months To Permit Commissioner Miller To Conduct Meetings With His Constituents Regarding The Sale Of The Property.

"It Is Recommended That The Commission:

1. Approve The Manner In Which Certain Sites Previously Declared Surplus By The Commission Will Be Sold At Fair Market Value; And

2. Authorize Staff To Execute The Agreements Necessary To Convey The Property To The Eventual Purchaser In A Form Satisfactory To The TTC'S General Counsel."

The Commission Approved Commissioner Miller's Motion.

Commissioner Moscoe Moved The Following:

1. That Prior To Declaring A Property Surplus, Staff Adopt A Regular Practice Of Entering Into Discussions With The Local Area Councillor; And

2. That Matters Relating To The Danforth Garage Property Be Brought Forward To The Commission At Each Stage Of The Disposal Process.

The Commission Approved Commissioner Moscoe's Motion.

9. Declaration of Surplus Property - Hocken Parkette

It is recommended that the Commission:

1. Declare the property surplus to TTC requirements; and

2. Authorize staff to convey the property to the City of Toronto if the City's Property Management Committee recommends acquisition for municipal interests and execute the necessary agreements in a form satisfactory to the General Counsel.

Approved

10. Sale of Gilbert Loop to the City of Toronto

It is recommended that the Commission:

1. Approve the sale of the surplus Gilbert Loop to the City of Toronto for park use for $4,000 with the costs of conveyance to the City's account; and

2. Authorize staff to execute an Agreement of Purchase and Sale in a form satisfactory to the General Counsel.

Approved

11. Asbestos Abatement Program Consultant

It is recommended that the Commission authorize the acceptance of Proposal #P31F01913 for the following asbestos abatement consultants, for a one-year period, in the total upset limit amount of $450,000.00:

• Jacques Whitford Environment Limited $185,000.00
• Pinchin Environmental Limited $185,000.00
• Decommissioning Consulting Services Limited $ 80,000.00

Total $450,000.00

Approved

12. Procurement Authorization - Contract Amendment #7 Contract C34X8878 Supply of 127 ELF Paratransit Buses

It is recommended that the Commission approve issuing a Contract Amendment to Overland Custom Coach Inc. (OCC) in the amount of $2,784,004.94 for the purchase of 12 ELF buses for delivery in the Spring 2003.

Approved

13. Wheel-Trans Sedan Taxi Contract - Increase in Upset Limit

It is recommended the Commission approve:

1. An increase of $4,460,000 to the upset limit for the supply of sedan taxi service for Wheel-Trans Operations for service until June 30, 2003 from $6,465,000 to $10,925,000; and

2. Allocate the additional funds to the current sedan taxi service contractors as follows:

• Beck Taxi Limited $2,007,000
• Arrow Cab Limited $1,383,000
• East End Taxi $1,070,000

Approved

14. Summary of Authorized Expenditures for the Period January 1, 2002 to February 2, 2002

It is recommended that the Commission receive this report for information. It lists expenditures ($100,000 up to $200,000) for the period January 2, 2002 to February 2, 2002, which were approved by Senior Management.

Received

15. Notice of Award of Procurement Authorization Queensway LRT - Rehabilitation of Bridge at Parkside Drive - Contract F35-3

It is recommended that the Commission receive the notice of award of the Chair, Vice-Chair and the Chief General Manager to authorize the acceptance of the tender submitted by Torbridge Construction Ltd. in the amount of $644,000.00, for Contract F35-3 - Queensway LRT Rehabilitation of Bridge at Parkside Drive.

Received

16. TTC Audit Committee

It is recommended that the Commission approve the attached Mandate and Responsibilities for the TTC Audit Committee.

Approved

Chair Ashton Moved The Following:

1. That Commissioner Miller, Commissioner Shaw, Commissioner Moscoe And Chair Ashton Be Appointed As Members Of The TTC Audit Committee; And

2. That TTC Budget Sub-Committee Be Dissolved, Effective Immediately.

The Commission Approved Chair Ashton's Motion.

Commissioner Disero noted her opposition to the foregoing.

17. TTC Fibre Optic Communications System - Use by Others

It is recommended that:

1. The Commission receive this report for information, noting that some spare capacity on the Commission's telecommunications infrastructure (fibre optic network) is available on a temporary basis. Four fibres (two in each tunnel) are available for 2 to 3 years, and another four for a 5-year period. There is also other spare capacity for short sections in various parts of the subway as described below;

2. The Commission note that staff have issued a Request for Expressions of Interest (REI) to retain an agent to market our spare fibre optic capacity;

3. The Commission authorize staff to undertake a study to determine the technical modifications necessary to allow cellular phone usage in the subway system; and

4. This report be forwarded to the City's Telecommunications Steering Committee for their information.

Adopted

Commissioner Kelly Moved That Staff Be Requested To Submit A Report At A Future Meeting On Evolving Technologies Relating To Telecommunications Infrastructure.

The Commission Approved Commissioner Kelly's Motion.

18. World Youth Day: Feasibility of a One-Week Pass for Non-Pilgrims

It is recommended that the Commission receive this report for information, noting that:

• The TTC will be recognizing three new passes for travel on the system during World Youth Day;

• Existing fare media provides a range of alternatives for non-pilgrims wishing to travel by transit during the festival;

• World Youth Day organizers have indicated they will not be encouraging attendance by non-pilgrims at festival events (other than the Papal Mass); and

• A weekly pass for non-pilgrims is therefore not a reasonable or beneficial alternative to implement during the World Youth Day festival.

Received

Commissioner Moscoe Moved That Staff Be Requested To Develop A Weekly Pass For Use By All Citizens Of The City Of Toronto During World Youth Days Or Another Major Event As A Pilot Project.

Commissioner Mihevc Moved That Staff Be Requested To Report Back In Two Months Time On Establishing A Weekly Pass For Events Such As Caribana Or Gay Pride, With Such Report To Include A Cost/Benefit Analysis And A Recommended Cost, If The Commission Decides To Go Forward With The Concept.

Commissioner Miller Moved That Commissioner Moscoe's Motion Be Deferred, Pending Receipt Of The Report Requested By Commissioner Mihevc.

Chair Ashton Called For A Vote On Commissioner Miller's Motion.

Chair Ashton, Vice-Chair Silva, Commissioner Miller, Commissioner Kelly, Commissioner Mihevc And Commissioner Altobello Voted In Favour. Commissioner Moscoe And Commissioner Shaw Were Opposed. The Motion Therefore Carried On A 6 - 2 Vote.

Chair Ashton Then Called For A Vote On Commissioner Mihevc's Motion.

The Commission Approved Commissioner Mihevc's Motion On A Unanimous Vote.

Commissioner Disero was not present to vote on the foregoing motions.

19. Amending Agreement - GO Transit Entrance Connection (Union Station)

It is recommended that the Commission:

1. Approve the execution of an Amending Agreement concerning the GO Transit Entrance Connections at Union Station (as shown on Attachment 1); and

2. Authorize such other action as is necessary to give effect to the foregoing.

Approved

20. Out-Of-Town Training Programs

It is recommended that the Commission approve the attendance of the following employees at the following programs:

• Bob Boutilier, Deputy General Manager - Surface Operations to attend the Queen's Executive Program from April 28 to May 17, 2002 (total estimated cost of $21,500);

• Bob Thacker, General Superintendent - Wheel-Trans Operations to attend the Queen's Leadership Program from April 14 to 19, 2002 (total estimated cost of $8,000); and

• Geoff Marinoff, General Superintendent - Rail Cars and Shops to attend the Queen's Operations Leadership Program from April 21 to 26, 2002 (total estimated cost of $8,000).

Approved

21. Review of TTC Properties - Optimize Revenue from Development Potential

It is recommended that the Commission endorse the attached joint report from the Chief General Manager - TTC and Commissioner of Corporate Services.

Approved

Commissioner Mihevc Moved The Following:

1. That A Copy Of The Report Be Forwarded To The Toronto Parking Authority For Information And Appropriate Attention; And

2. That Staff Be Requested To Report Back On The Resources Necessary To Expedite The Process At A More Rapid Pace.

The Commission Approved Commissioner Mihevc's Motion.

Chair Ashton Moved That Staff Be Requested To Report Back On The Establishment Of Reserves For Future TTC Purposes.

The Commission Approved Chair Ashton's Motion.

22. Travel Approval - CICA In-Residence Goods and Services Tax Course, Orangeville, Ontario

It is recommended that the Commission approve the travel request for Ralph Richardson, Chief Accountant - Treasury Services, Finance Department to attend the Canadian Institute of Chartered Accountants (CICA) In-Residence Goods and Services (GST) tax course in Orangeville, Ontario from May 26 to May 31, 2002 at an estimated cost of $4,700.00.

Approved

a) Review of Oracle Contracts

The Commission Received A Memorandum Dated March 20, 2002 From R. Ducharme, Chief General Manager Entitled, "Staff Response To Commission Inquiry - Review Of Oracle Contracts."

Commissioner Moscoe Moved That The TTC Internal Auditor Be Requested To Submit A Further Report On The Type Of Licenses Purchased And The Cost Of Each.

The Commission Approved Commissioner Moscoe's Motion.

Commissioner Miller Moved That The TTC Internal Auditor's Report Also Include When The Master Agreement Was Signed Between Oracle And The Provincial Management Board Secretariat.

The Commission Approved Commissioner Miller's Motion.

C-1 Marilyn Toft, for Toronto City Clerk dated February 21, 2002 forwarding a copy of Clause No. 18, Report No. 2 of the Administration Committee headed, "Security on the Toronto Transit Commission", which was adopted, as amended, by Council of the City of Toronto at its meeting held on February 13, 14 and 15, 2002.

Chair Ashton Moved That This Item Be Deferred, Pending A Report Coming Forward On The Results Of An Upcoming Meeting Between The TTC Chair And The City Race Relations Committee.

The Commission Approved Chair Ashton's Motion.

C-2 Richard C. Ducharme to Richard M. Soberman, TRIMAP Communications dated February 12, 2002 thanking him for his letter dated January 14, 2002 regarding the protection of electricity transmission corridors in the City for possible future transit use.

The Commission Received The Communication For Information.

Commissioner Moscoe Moved The Following Resolution:

Whereas The TTC Currently Uses Hydro One Property In Electricity Transmission Corridors Within The City Of Toronto For Commuter Parking And Passenger Pick-Up And Drop-Off Facilities, And

Whereas Electricity Transmission Corridors In The City Of Toronto Are A Valuable Asset To The City For Many Purposes Including The Provision Of Future Higher-Order Transit Lines, And

Whereas The Province Of Ontario Is In The Process Of Selling Or Commercialising Hydro One, Which Could Result In A Change In Ownership Of These Lands, And

Whereas City Of Toronto Council, At Its Meeting Of February 13, 14 And 15, 2000 Adopted A Clause In Report No. 1 Of The Economic Development And Parks Committee Which Directs The Chief Administrative Officer And The Acting City Solicitor To Take Actions Aimed At Establishing Public Access Easements Or Ownership Of The Hydro One Corridors For Continued Or Expanded Use By City Agencies, Boards, And Commissions;

Now Therefore Be It Resolved That The Toronto Transit Commission:

1. Request The Province Of Ontario To Ensure, In Connection With The Commercialisation Of Hydro One, That The Hydro One Lands Currently Used By The TTC For Commuter Parking And Ancillary Station Facilities Remain Available To The TTC For These Current Uses At A Nominal Or Reasonable Cost In The Future;

2. Request The Province Of Ontario To Provide The City Of Toronto With The Right Of First Refusal To Purchase The Hydro One Lands That Are Currently Used By TTC If They Should Become Available, And To Make This A Condition Of The Disposition Of These Lands;

3. Request The Province Of Ontario To Formally Protect A Right-Of-Way For Possible Future Public-Sector Uses, Such As Transit, In All Electricity Transmission Corridors In The City Of Toronto And The GTA, Through Means Such As Establishing Permanent Future Easements Or Continued Public Ownership Of The Properties Themselves, As Part Of Their Negotiations Regarding The Commercialisation Or Sale Of Hydro One;

4. Request City Of Toronto Staff To Develop A Property Protection Plan For Public-Sector Transit Use Of Electricity Transmission Corridors In The City, In Conjunction With TTC Staff, The Province Of Ontario, Hydro One, And Other Interested Parties As Appropriate; And

5. Forward This Correspondence And Motions To Toronto City Council And The Chief Administrative Officer, In Support Of Their Efforts To Secure Right-Of-Way Protection, Easements, Or Ownership Of The Hydro One Corridors Within The City Of Toronto For Continued Public-Sector Use By Various City Departments, Agencies, Boards And Commissions.

Commissioner Miller Moved That Recommendation No. 1 Be Amended By Deleting The Words "For These Current Uses At A Nominal Or Reasonable Cost In The Future" And Replaced In Lieu Thereof The Following Words "Through A Stratified Ownership Arrangement Or Permanent Easement To The City Or TTC For Transit Purposes" So Such Recommendation Reads As Follows:

"Request The Province Of Ontario To Ensure, In Connection With The Commercialisation Of Hydro One, That The Hydro One Lands Currently Used By The TTC For Commuter Parking And Ancillary Station Facilities Remain Available To The TTC Through A Stratified Ownership Arrangement Or Permanent Easement To The City Or TTC For Transit Purposes;"

The Commission Approved Commissioner Miller's Motion.

Commissioner Miller Moved That Recommendation No. 2 Be Amended By Adding The Words "For $1.00" After The Word TTC So Such Recommendation Reads, As Follows:

"Request The Province Of Ontario To Provide The City Of Toronto With The Right Of First Refusal To Purchase The Hydro One Lands That Are Currently Used By TTC For $1.00 If They Should Become Available, And To Make This A Condition Of The Dispostion Of These Lands;"

The Commission Approved Commissioner Miller's Motion.

Chair Ashton Moved That An Additional Recommendation Be Incorporated To The Resolution To Read As Follows:

"That The City Of Toronto In Its Deliberations Give Consideration To Planning And Business Case Issues With Respect To Future Uses Of Hydro Corridors That May Be Subject To Public/Private Partnership Agreements."

The Commission Approved Chair Ashton's Motion.

The Commission Approved The Resolution, As Amended.

C-3 Betty Henderson, for Toronto City Clerk dated February 7, 2002 advising that the Budget Advisory Committee at its meeting held on February 7, 2002, during consideration of the 2002 Operating Budget for World Youth Day, requested the agencies, boards and commission to inquire if their employees would consider working on straight salary for the World Youth Day.

The Commission Received The Communication.

C-4 Alan Wells, Chief Administrative Officer, The Regional Municipality of York responding to the Commission's communication dated March 1, 2002 requesting Region of York participation in the environmental assessment for the Spadina Subway Extension into York Region.

The Commission Received The Communication.

a) Committee of the Whole Resolution

The Commission Approved A Resolution By Chair Ashton To Meet As The Committee Of The Whole On Wednesday, April 10, 2002 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 meeting adjourned at 3:15 p.m.

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