Board Meeting - May 28, 2009

• Meeting No. 1908 - April 27, 2009

Thursday, July 9, 2009

Presentations will be heard at 2:00 p.m. Requests to speak must be registered in writing by 12:00 Noon of day preceding meeting day.

1. 1. Reports with Confidential Attachments (Committee of the Whole)
• Large Litigation Matters 
• Rent Renewal - 7 Jackes Avenue 
• Sale of Surplus Assets  
2. 2. Presentations
• Transit City Light Rail Program: Sheppard East LRT Connection at Don Mills Station  
3. 3. Budget matters
• Chief General Managers Report - Period 1, 2 and 3 January 1 to April 4 2009 
• Draft Consolidated Financial Statements of TTC for the Year Ended December 31 2008 
• Audit Results - Year Ended December 31 2008  
4. 4. Procurement Authorizations
• Project Authority – Church Street: Carlton Street to King Street (Surface Track Replacement) 
• Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period March 1, 2009 to March 31, 2009  
5. 5. Procurement Authorization Amendments
• Procurement Authorization Amendment – Supply of Low-Floor Paratransit Buses 
• Procurement Authorization Amendment - Voice/Data Telecommunications Services  
6. 6. Notice of Awards

NIL

7. 7. Service Matters

NIL

8. 8. Other Business
• Fire Ventilation Upgrade - Second Exit Program – Automatic Entrance at Five Stations 
• Bicycle Initiatives at the TTC 
• Audit of City Performance in Achieving Access, Equity and Human Rights Goals 
• Declaring a Portion of the Broadview Station Surplus 
• Implementation of TTC’s Metropass Affinity Plan 
• TTC Corporate Policy Review - Corporate Emergency Plan 10.3.5 
• Outstanding Commission Items 
• TTC Pension Fund Society Annual Report and Audited Financial Statements for the Fiscal Period Ended December 31, 2008 
• Senior Management Review of the Safety System - Minutes of February 13, 2009  
9. 9. New Business

NIL

10. 10. Correspondence

NIL

A correspondence summary will be distributed at the meeting.

11. Report With Confidential Attachments (Committee of the Whole)
• Replacement Fleet Maintenance Facility - Property Acquisition (For Action) (Presentation)(This report is about a proposed or pending land acquisition by the Commission)
• Funding of Acquisitions to Support the Property Value Protection Program (For Action) (This report is about a proposed or pending land acquisition by the Commission)
12. Revised - Bicycle Initiatives at the TTC (For Action)  
13. Procurement Authorization Amendment – Consulting Services for Design Services and Project Support for the Scarborough Rapid Transit Project (SRT) Contract J85-21 (For Action)
14. East Bayfront Transit Environmental Assessment: Streetcar Service on Queens Quay East between Yonge Street and Parliament Street (For Action)  
15. Transit City Light Rail Plan: Eglinton-Crosstown LRT -  Preliminary Planning Update (For Information)  
16. TTC Requirements for Light Rail Operation on Queens Quay between Yonge & Bathurst Streets (Queens Quay Revitalization Environmental Assessment) (For action) (Report to Follow)

A. Giambrone (Chair), J. Mihevc (Vice-Chair), B. Saundercook, S. Hall, P. Milczyn, S. Bussin, M. Augimeri, and A. Perruzza (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (General Manager – Operations), J. Sepulis (General Manager – Engineering & Construction), B. Leck (General Counsel), D. Presley (Chief Accountant – Capital Projects), M. Stambler (Manager – Service Planning), A. Smith (Chief Marketing Officer), S. Ghaly (Program Manager – Transit City), B. Ross (Director – Corporate Communications), S. MacDonald (Manager – Materials and Procurement), S. Blakey (Executive Director – Human Resources), K. Lee (Assistant General Secretary) and F. Stanois (Coordinator – Secretariat Services) were  present.

A. Giambrone was in the Chair.

G. Carr (Chief Engineer – Operations Planning) was present for Item No. 2(a).

B. Dawson (Superintendent – Route & System Planning) was present for Item No. 14.

Commissioner Saundercook moved that the Commission approve the minutes from meeting no. 1908 and that the Chair and General Secretary be authorized to sign the same.

a) Committee of the Whole – Thursday July 9, 2009

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 Thursday, July 9, 2009 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.

a) Report No. 2(a) – Transit City Light Rail Program:  Sheppard East LRT Connection at Don Mills Station 

John T. Long
Principal, LEA Consulting Limited
(Submitted Brief)

Demetra Layzell
Steeles L’Amoreaux Community

Karl Junkin
(Submitted Brief)

The Commission received the deputations.

(See report no. 2a for minute)

b) Report No. 14 – East Bayfront Transit Environmental Assessment:  Streetcar Service on Queens Quay East Between Yonge Street and Parliament Street

Jonathan Bamberger
President and CEO – Redpath Sugar

The Commission received the deputation.

(See report no. 14 for minute)

a) Business Improvement Area (BIA) Street Festivals and Related TTC Charges

Commissioner Bussin moved that, commencing immediately, fees levied by the TTC to BIA street festivals for the re-routing of service and associated staffing and administrative adjustments, be calculated and charged at one-half the projected cost.

The Commission received the motion without notice and referred the matter to staff for report at its meeting on July 9, 2009.

NIL

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

(a) Large Litigation Matters

The Commission:

1. Received the confidential information as set out in confidential attachment 1;

2. Noted that the confidential information as set out in confidential attachment 1 remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege; and

3. Received this report for information purposes.

(b) Rent Renewal – 7 Jackes Avenue

The Commission:

1. Approved the recommendation as set out in the confidential attachment;

2. Approved that the recommendation remain confidential until expiry of the term; and

3. Authorized staff to execute the necessary lease amending agreements to the satisfaction of TTC’S General Counsel.

(c) Sale of Surplus Assets

The Commission:

1. Approved the recommendation as set out in the confidential attachment; and

2. Authorized the public release of the confidential information and recommendation in the confidential attachment upon the award of a contract to the potential purchaser to build and operate a transit system in another jurisdiction.

2. Presentations

a) Transit City Light Rail Program:  Sheppard East LRT Connection at Don Mills Station

G. Carr (Chief Engineer – Operations Planning) gave a PowerPoint presentation with respect to the above matter.

The Commission received the presentation for information and approved the recommendation contained in the staff report, as listed below:

“It is recommended that the Commission:

1. Endorse the City/TTC staff position that the Sheppard East Light Rail Transit Line (LRT) should connect to the Sheppard Subway at the subway-platform level of Don Mills Station, noting that:

• the EA report for the Sheppard East LRT line included two possible rapid transit alternatives for the section between Don Mills Station and Consumers Road: (1) a light rail line connecting at and continuing east from Don Mills Station; and (2) an extension of the Sheppard Subway east to Consumers Road with a light rail line connecting there and continuing east;
• an LRT connection at Don Mills Station would provide the most convenient connection between these two services, allowing customers to walk along a single continuous platform between the subway and LRT without having to change levels, as would be necessary if the subway were extended to Consumers Road;
• an extension of the Sheppard Subway to Consumers Road would benefit customers on the subway who are destined to that business park area, but would impose an inconvenient transfer on a greater number of customers who would use the Sheppard East LRT and be destined for the Fairview Mall area or other bus routes at Don Mills Station;
• connecting the Sheppard East LRT at Don Mills Station is the more cost effective option of the two, costing $120 million less than an extension of the subway;
• the underground LRT connection to Don Mills Station will add $110 million to the current project budget, which was developed based on the LRT continuing on the surface to the Sheppard / Don Mills intersection;
• the Sheppard East LRT project schedule is being revised to incorporate the underground LRT connection at Don Mills Station -- including the required construction of a tunnel under Highway 404 -- and the revised milestones will be reflected in the 2010-2014 Transit City Capital Budget; and
• this alignment decision resolves the last outstanding matter related to the Sheppard East LRT Environmental Assessment Study which was approved by Toronto City Council at its meeting of July 15, 2008;

2. Note that staff are currently doing further design work on how Don Mills Station would have to be modified to accommodate Metrolinx’s preferred concept of a continuous east-west light rail line across Sheppard and Finch Avenues, which would be achieved by extending the Etobicoke-Finch West LRT east of Yonge Street via Finch Avenue East, and then south on Don Mills Road, joining the Sheppard East LRT within Don Mills Station. The outcome of this design work will be subject to a future Commission Report; and
 
3. Forward this report to the City of Toronto Planning and Growth Management Committee, North York Community Council, Scarborough Community Council, and Metrolinx.

Commissioner Saundercook also moved that staff look at the feasibility of creating a new stop at settlers road; and staff consult the community, including deputants, and report back to the Commission at the earliest opportunity.

The motion by Commissioner Saundercook carried

3. Budget Matters

a) Chief General Manager’s Report – Period 1, 2 & 3 January 1 to April 4, 2009

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  

b) Draft Consolidated Financial Statements of TTC for the Year Ended December 31, 2008

It is recommended that the Commission:

1) approve the draft consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2008; and

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

Approved
  
c)Audit Results – Year Ended December 31, 2008
 
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, 2008; and

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

Approved

4. Procurement Authorizations

a)Project Authority – Church Street:  Carlton Street to King Street (Surface Track Replacement)

It is recommended that the Commission authorize the issuance of a purchase order in the amount of $3,800,000 to the City of Toronto – Transportation Services, to cover the Commission’s costs associated with contract 09TE-04RD, for the surface track rehabilitation on Church Street from Carlton Street to King Street including Queen at Church and Adelaide at Church.

Approved

b) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period March 1, 2009 to March 31, 2009

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 March 1, 2009 to March 31, 2009 which were approved by Senior Management.

Received

5. Procurement Authorization Amendments

a) Procurement Authorization Amendment – Supply of Low-Floor Paratransit Buses

It is recommended that the Commission authorize amending the contract for the procurement of Low-Floor Paratransit buses by exercising the option for the installation of 110 AVL/GPS units and supporting software at an upset limit of $3,500,000 CDN.

Approved

b)Procurement Authorization Amendment – Voice/Data Telecommunications Services   It is recommended that the Commission authorize the extension of our existing contracts with Bell Canada for an additional nineteen months, in the upset limit of;

a) $4,865,000, for voice communication services from June 15, 2009 to January 14, 2011; and,

b) $1,336,264 for data telecommunication services from June 15, 2009 to January 14, 2011.

Approved

6. Notice of Awards
NIL
7. Service Matters
NIL
8. Other Business

a) Fire Ventilation Upgrade – Second Exit Program – Automatic Entrance at Five Stations
 
It is recommended that the Commission authorize staff to convert the conceptual layouts of second exits from a daily exit configuration to an automatic entrance configuration at five stations: College, Museum, Dundas, Dundas West and Wellesley, as outlined in this report.

Approved

b) Bicycle Initiatives at the TTC

On motion of Chair Giambrone, this report was withdrawn.  See revised report (item 12 on the supplementary agenda).

The motion by Chair Giambrone carried.

c) Audit of City Performance in Achieving Access, Equity and Human Rights Goals

It is recommended that the Commission approve staffs’ response to the recommendations of the Auditor General, Jeff Griffiths, as outlined in his report to the Audit Committee dated October 14, 2008 (Appendix “A”).

Approved

d) Declaring a Portion of the Broadview Station Surplus

It is recommended that the Commission:

1) Declare surplus to operating requirements the portion of the Broadview Station lands identified as parcel 1 on drawing 0160-PR-150, attached as Appendix 1 and;

2) Invite City of Toronto Parks, Forestry & Recreation to request jurisdictional transfer of the property for use as a parkette.

Approved

e) Implementation of TTC’s Metropass Affinity Plan

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

Received

f) TTC Corporate Policy Review – Corporate Emergency Plan 10.3.5

It is recommended that the Commission receive for approval, Corporate Policy 10.3.5, Corporate Emergency Plan.

Approved

g) Outstanding Commission Items

It is recommended that the Commission receive for information, the updated list of outstanding Commission items for the period up to and including the meeting of April 27, 2009.

Received

h)TTC Pension Fund Society Annual Report and Audited Financial Statements for the Fiscal Period Ended December 31, 2008

It is recommended that the Commission receive the Pension Fund Society’s Annual Report and audited financial statements for the fiscal period ended December 31, 2008 for information.

Received

i) Senior Management Review of the Safety System – Minutes of February 13, 2009

It is recommended that the Commission receive for information, the minutes of the February 13, 2009 Senior Management Review of the Safety System meeting.

Received

9. New Business
NIL
10. Correspondence

C-1 John Campbell, President & CEO Waterfront Toronto advising that a recommendation will be made to the Board on June 24, 2009 to have $50M earmarked in the revised Long-Term Plan for transit expansion in the East Bayfront, including the Union Station Streetcar Loop.

The Commission received the communication for information.  (See report no. 14 for minute)

C-2 Rev. Arc Da Silva on behalf of Dovercourt Baptist Church requesting an opportunity to address the Commission on matters regarding the Dufferin Station Modernization Project.

The Commission received the communication and referred the matter to staff for appropriate action, including consideration to inviting rev. arc da silva to the july 9, 2009 commission meeting.

Chair Giambrone moved to waive section 35 of the procedural bylaw to introduce the supplementary agenda.

The motion by Chair Giambrone carried on a two thirds vote.

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

a) Replacement Fleet Maintenance Facility – Property Acquisition

S. Ghaly (Program Manager – Transit City) gave an overhead presentation on this matter.

The Commission received the presentation for information.

Chair Giambrone read the following amended confidential recommendation and moved that the commission:

1) Approve the amended confidential recommendation as follows:

“That the Chief General Manager be authorized in conjunction with the City Manager’s Office to finalize negotiations or discussions concerning the sites identified in the report; summarize the outcome of the public consultation; resolve all relevant funding issues; provide replacement site costs for the greening losses should the ashbridges bay site be chosen; and report on any other interests related to this acquisition for submission to the City for consideration at the July 6, 2009 council meeting”

2) Authorize the public release of the confidential information and recommendations in the confidential attachment upon the TTC acquiring the necessary lands, as set out in the confidential attachment.

The motion by Chair Giambrone carried.

b) Funding of Acquisitions to Support the Property Value Protection Program

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 as it contains advice which is subject to solicitor-client privilege.

Approved

12. Revised – Bicycle Initiatives at the TTC

Chair Giambrone moved that the Commission adopt the recommendation contained in the report, as listed below:

It is recommended that:

1. The Commission forward this report to the City of Toronto, Councillors Heaps and Fletcher, and the Toronto Cycling Advisory Committee, noting that:

• TTC staff have expanded, introduced, or planned a number of bicycle-related initiatives over the past several years to better accommodate bicycles on TTC vehicles, to provide better bicycle access in rapid transit stations, and to provide additional bicycle parking at stations, mostly in the form of traditional bicycle racks or “post-and-ring”;
• in response to a request from the City of Toronto and the Toronto Cycling Advisory Committee, TTC staff have developed a draft design standard for a secure bicycle parking facility – a controlled-access enclosed storage area for large numbers of bicycles – which would cost approximately $280,000;
• the TTC’s approved capital program does not contain any funding for the construction or implementation of secure bicycle storage/parking facilities, so the implementation of such facilities would require new funding which should be considered in the preparation of the TTC and City of Toronto 2010-1014 capital budgets; and
• a secure bicycle parking facility will be installed at Victoria Park Station as part of that station renovation project. This bicycle facility has no approved funding. These capital costs are to be shared equally by TTC and the City of Toronto, and the TTC will consider this funding requirement in the preparation of its 2010 2014 capital program.

2. Funding for secure bicycle parking be discussed in the TTC’s 2010-2014 Capital Program review process.

The motion by Chair Giambrone carried.

Commissioner Perruzza moved that staff be requested to discuss with City of Toronto Transportation Services the inclusion of secure bicycle storage facilities in the design of the Spadina Subway Extension stations and be included in the station concepts to be submitted to the Commission.

The motion by Commissioner Perruzza carried.

Commissioner Hall moved that staff report back to the Commission on options to accommodate bicycles on the subway.

The motion by Commissioner Hall carried.

Vice-Chair Mihevc moved that staff be requested to pull together a team of staff and bicycle advocates in the City to form a Committee to explore the relationship issues and to develop an official TTC bicycle plan.

The motion by Vice-Chair Mihevc carried.

Chair Giambrone moved that staff be requested to consider installing bicycle channels in conjunction with station upgrading projects.

The motion by Chair Giambrone carried.

13. Procurement Authorization Amendment – Consulting Services for Design Services and Project Support for the Scarborough Rapid Transit Project (SRT) Contract J85-21

It is recommended that the Commission authorize:

1. a Contract Amendment to URS Canada Inc. (URS) in the Upset Limit amount of $5M to include the provision for design services and support during construction for the SRT Extension, as required; and

2. authorize a sole source Contract Amendment to URS to include the provision for design services and support during construction for the SRT Conversion, as required, and provide design integration services for the Scarborough Rapid Transit Conversion and Extension Project in the Upset Limit amount of $7M.

Approved  

14. East Bayfront Transit Environmental Assessment:  Streetcar Service on Queens Quay East Between Yonge Street and Parliament Street

B. Dawson (Superintendent – Route & System Planning) gave a PowerPoint   presentation with respect to this matter.

The Commission received the presentation for information.

Commissioner Saundercook moved that the report be deferred to the next meeting of the Commission to try to resolve Redpath’s access issues.

The motion by commissioner Saundercook lost.

Chair Giambrone moved that the commission adopt the recommendation contained in the report, as listed below:

“It is recommended that the Commission:

1. Request that Toronto City Council:

a) authorize the Chief General Manager of the TTC and the General Manager of Transportation Services to issue a Notice of Completion for the East Bayfront Transit Environmental Assessment, following the completion of the Environmental Study Report (ESR) substantially in the form outlined in this report, and place the report in the public record for a minimum 30-day period in accordance with the requirements under the Municipal Class Environmental Assessment Act;

b) authorize the installation of traffic control signals at only the following intersections on Queens Quay East: Freeland Street, the westerly-most access to 95 Queens Quay East, Richardson Street, Sherbourne Street, and Proposed Street “D” (as shown in Exhibit 11), coincident with the reconstruction of Queens Quay East;

c) require that any future proposals for the installation of additional signals on this section of Queens Quay East be supported by an independent technical audit, completed to the satisfaction of the General Manager, Transportation Services and the Chief General Manager of the TTC, to ensure that such signals can be installed in a way that does not negatively affect streetcar operations. This includes the signals suggested for Small Street, Bonnycastle Street and proposed "Street A" as shown in Exhibit 11; and

d) direct that the truck-movement control gate required for the eastern, egress-only, access from Redpath Sugar, be owned and operated by the TTC to ensure that priority for streetcar operations is maintained to optimal design;

2. Note that:

• the project provides for streetcars operating in a new tunnel section east of the existing streetcar tunnel at Queens Quay West and Bay Street, through a portal on the south side of Queens Quay East between Yonge Street and Freeland Street, and on a surface transit right-of-way on the south side of Queens Quay East between Freeland Street and Parliament Street;
• the recommended design includes a 38-metre overall right-of-way on Queens Quay East incorporating a dedicated streetcar right-of-way south of two through auto lanes (one in each direction), a continuous Martin Goodman Trail, and generous sidewalks and median space separating the uses in the corridor;
• the East Bayfront Transit EA project is being undertaken and funded by Waterfront Toronto as part of a larger project to reconstruct Queens Quay between Bathurst Street and Parliament Street;
• approval for the transit elements of the overall project are in two parts:
  i) the East Bayfront Transit EA addresses the section east of Yonge Street, which is the subject of this report, and
  ii) a separate City staff report, entitled Queens Quay Revitalisation EA Study, addresses the section west of Yonge Street;
• the development of the preferred design has been a joint initiative between Waterfront Toronto, the City of Toronto, and the TTC and has included an extensive public input process and a significant emphasis on excellence in urban design;
• the recommended design addresses City of Toronto Council’s concerns related to assessing alternate cross-section design options for Queens Quay East and minimising the curb-to-curb distance on the roadway to improve pedestrian access;
• this report has been prepared jointly by TTC staff and City of Toronto staff who concur with the recommendations;
• TTC and Waterfront Toronto staff are developing a Delivery Agreement for the TTC to undertake the design and construction of the transit elements of the project to ensure that the resulting transit facilities are acceptable to the TTC;
• conditional on appropriate funding approvals by Waterfront Toronto, road, transit and associated urban realm improvements are planned for design in 2010/2011 and construction in 2012/2014. Opening day for the transit operation is expected to be in 2014;
• initially, streetcar service on the line would operate on Queens Quay East between Union Station and a temporary streetcar loop east of Parliament Street. The design of the new line permits future operation further east when development occurs in the Lower Don and Port Lands areas; and
• the light rail vehicles required for the operation of this service have been included in the TTC’s order of new low-floor streetcars to replace the existing aging fleet;

1. Forward this report to the Executive Committee of the City of Toronto, to be considered in conjunction with the Queens Quay Revitalization EA staff report on June 2, 2009; and,

2. Forward this report to Waterfront Toronto and Councillor McConnell for information.

The motion by Chair Giambrone carried.

Commissioner Milczyn moved that further consideration be given to Redpath’s submission, including the installation of an additional signal as a possible option.

The motion by commissioner Milczyn lost.

Vice-Chair Mihevc moved that staff be requested to continue to work with Redpath Sugar to resolve outstanding issues, with the exception of an additional traffic light, related to access and egress to their site and to report back to the commission.

The motion by Vice-Chair Mihevc carried.

Chair Giambrone further moved to request that the Board of Waterfront Toronto:

A) Revise their long term plan to include $50 million for the planned expansion of the Union Station Streetcar Loop;

B) Not proceed with further development in the East Bayfront area until funding is confirmed for all of the Transit Facilities required to operate streetcars on Queens Quay East, including funding for the Union Station Streetcar loop consistent with City Council’s “Transit First” policy in the waterfront.

The motion by Chair Giambrone carried.

15. Transit City Light Rail Plan:  Eglinton-Crosstown LRT – Preliminary Planning Update 

It is recommended that the Commission:

1. Re-affirm its previous approval for the original Transit City concept for the Eglinton Crosstown Light Rail Transit (LRT) to operate primarily at-grade between Kennedy Station and Pearson International Airport, with a central underground section, as described in this report.

2. Endorse the results of the preliminary planning for the Kennedy Station to Martin Grove section of the Eglinton Crosstown LRT to include:

• a 10 km tunnel between Keele Street and Brentcliffe Road;
• at-grade, centre of the road alignment between Kennedy Station and Brentcliffe Road and between Keele Street and  Martingrove; and
• 12 underground stations and 25 stops at the locations noted in Appendix A.

3. Note that staff are working with the Greater Toronto Airports Authority, Mississauga Transit, GO Transit, and the Ministry of Transportation to identify a preferred alignment for the LRT connection to Pearson International Airport; and 

4. Forward this report to the City of Toronto, Ontario Ministry of Transportation, and Metrolinx.

Approved

16. TTC Requirements for Light Rail Operation on Queens Quay between Yonge & Bathurst Streets (Queens Quay Revitalization Environmental Assessment)

Commissioner Hall moved withdrawal of this item.

The motion by Commissioner Hall carried.
 
The meeting adjourned at 3:55 p.m.