Board Meeting - November 17, 2009

• Meeting No. 1913 - October 29, 2009

Wednesday, December 16, 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. Reports with Confidential Attachments (Committee of the Whole)
• Large Litigation Matters (FOR INFORMATION)(This report contains advise or communications that are subject to solicitor-client privilege) 
• TTC Ground Lease Renewals - Rent Determination Process (FOR INFORMATION) (This report contains advice or communications that are subject to solicitor-client privilege)  
2. Presentations
• 2010 TTC Operating Budget – Fare Increase (FOR ACTION)(Report to be available by 12:00 noon on Friday, November 13, 2009) 
• Subway Station Appearance Improvement Update (FOR INFORMATION) 
• Review of Smartcards at the TTC and the PRESTO Smartcard System (FOR ACTION)  
3. Budget matters

NIL

4. Procurement Authorizations

NIL

5. Procurement Authorization Amendments

NIL

6. Notice of Awards
• Procurement Authorization - Construction Project Insurance - Toronto- York Spadina Subway Extension (FOR INFORMATION)  
7. Service Matters
• AODA Regulations on Accessibility Standards(FOR ACTION)  
8. Other Business
• TTC Corporate Policy Review – Employee Suggestion Plan Policy 4.27.6 (FOR ACTION) 
• TTC Corporate Policy Review – Policy 9.1.3 Engagement of Outside Counsel (FOR ACTION) 
• Request for Approval of the Eglinton Crosstown LRT Transit Project Assessment Study (FOR ACTION) 
• Toronto-York Spadina Subway Extension Project – Highway 407 Station – Approval of Conceptual Design (FOR ACTION) (Presentation Available) 
• Yonge-University Spadina Line – Subway Rail Yard Needs Strategy (FOR ACTION) (Presentation Available) 
• Dupont Subway Station and Casa Loma (FOR INFORMATION) 
• 2010 Commission Meeting Schedule (FOR ACTION)  
9. New Business 
10. Correspondence

A correspondence summary will be distributed at the meeting.

11. Funding to Establish Accessible Streetcar/LRV Platforms on Roncesvalles Avenue (FOR ACTION)

A. Giambrone (Chair), J. Mihevc (Vice-Chair), M. Augimeri, S. Bussin, S. Hall, P. Milczyn, R. Moeser, A. Perruzza, B. Saundercook (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (General Manager – Operations), J. Sepulis (General Manager – Engineering & Construction), B. Leck (General Counsel - Legal), B. Ross (Director – Corporate Communications), S. Blakey (Executive Director –  Human Resources), M. Roche (Chief Financial Officer), A. Smith (Chief Marketing Officer), S. MacDonald (Manager – Materials & Procurement), S. Ghaly (Program Manager – Transit City), K. Lee (Assistant General Secretary) and A. Patrone (Acting Co-ordinator – Corporate Secretariat Services) were present.

A. Giambrone was in the Chair.

B. Hughes (Chief Project Manager – TTC/GTA Farecard Project) was present for Item No. 2(c).

S. Rice (EA Project Manager – Transit City) was present for Item No. 8(c).

D. Lawson (Supervisor – Architectural & Communications – Engineering & Construction) was present for Item No. 8(d).

Commissioner Moeser moved that the commission approve the minutes from meeting no. 1913 and that the chair and general secretary be authorized to sign the same.

The motion by Commissioner Moeser carried.

Committee of the Whole – Wednesday December 16, 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 Wednesday December 16, 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) – 2010 TTC Operating Budget – Fare Increase

In accordance with section 18 of the procedural by-law Chair Giambrone moved a motion to receive petitions from various presenters.

The motion by Chair Giambrone carried.

Chair Giambrone also moved that the Commission waive section 13a of the procedural By-law to hear a deputation on report no. 2(a) from Councillor Karen Stintz who did not meet the registration deadline of 12:00 noon the day before the meeting.

The motion by Chair Giambrone carried, with two-thirds of the members present voting in favour.

Bob Brent
(Submitted brief)

Toby Whitfield, V/P Finance & Services
Ryerson University Students’ Union
Local 24, Canadian Federation of Students
(Submitted Petition)

Jeremy Salter, Executive Director
York Federation of Students
Local 68, Canadian Federation of Students

Hadia Akhtar, V/P External
University of Toronto Students’ Union
Local 98, Canadian Federation of Students

Michele Farrugia
(Submitted brief)

Danyl Sobolev

Hamid Osman
National Executive Representative
Canadian Federation of Students – Ontario

Amir Bashir, V/P External
University of Toronto – Scarborough
Campus Students’ Union
Local 99, Canadian Federation of Students

John Cartwright, President
Toronto & York Region Labour Council

Jennifer Foulds, Board Member
South Riverdale Community Health Centre
(Submitted petition)

Doreen Garver
Toronto District School Board
Inner City Advisory Committee
Contact Alternative School
(Submitted brief from Chris Tonks, Trustee
York South-Weston)

Casey Stephenson
Toronto District School Board
Inner City Advisory Committee
Contact Alternative School
(Not present)
Nadine Tkatchevskaia
Director of External Affairs
Glendon College Students’ Union
Local 93, Canadian Federation of
Students – Ontario

David J. Scott

Steve Munro

Joey Santiago
University of Toronto
Mississauga Student’s Union

Kay Bisnath
ACORN Canada

Katrina Miller
Campaigns Director
Toronto Environmental Alliance
(Submitted brief)

Mohammad Ali Aumeer, President
Continuing Education Student’s
Association of Ryerson (CESAR)
Local 105, Canadian Federation of Students

Sara Suliman, External Commissioner
University of Toronto Graduate
Students’ Union
Local 19, Canadian Federation of Students

John Clarke
Ontario Coalition Against Poverty

Councillor Karen Stintz

The Commission received the deputations for information (see report no. 2(a) for minute).

b) Special Transit Passes for Canadian War Veterans (Correspondence from October Meeting)

Bob Kinnear
President/Business Agent – Amalgamated Transit Union, Local 113

The Commission received the deputation for information.

Commissioner Perruzza moved that the matter be referred to staff for consideration and report back to the next commission meeting.

The motion by Commissioner Perruzza carried.

c) Report No. 2(c) – Review of Smartcards at the TTC and the PRESTO Smartcard System

Bob Brent

Steve Munro

The Commission received the deputations for information. (see report no. 2(c) for minute).

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) TTC Ground Lease Renewals – Rent Determination Process

The Commission:

1. Received the information set out in the confidential attachment; and
 
 2. Approved that the contents of the confidential attachment remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

2. Presentations

a) 2010 TTC Operating Budget – Fare Increase

Michael Roche, Chief Financial Officer, gave an overhead presentation entitled “2010 TTC Operating Budget – Fare Increase”.

The Commission received the presentation for information.

Commissioner Hall moved that the TTC freeze Senior/Student Metropasses at the 2009 level and Post-Secondary Students receive the “Student” Metropass price.

The motion by Commissioner Hall lost.

Commissioner Perruzza moved that the Adult Token be increased by $0.10 from $2.25 to $2.35.

The motion by Commissioner Perruzza lost.

Chair Giambrone moved that the recommendation contained in the report, be amended as follows:

“Delete “plus a further price increase equivalent to 2 trips on the Metropass pricing multiple” from the recommendation so that the Metropass pricing multiple remains unchanged from its current level, and the new price is $121.00, VIP at $107.00 and MDP at $111.00”.

The motion by Chair Giambrone carried, so such recommendation reads as follows:

• It is recommended that the Commission approve the implementation of a standard $0.25 fare increase on Adult fares and a pro-rata increase on all other fare media, so that the Metropass pricing multiple remains unchanged from its current level, and the new price is $121.00, VIP at $107.00 and MDP at $111.00, effective January 3, 2010, noting that all January passes will be sold at the new rates.

Commissioner Hall moved that:

a. Student prices for the Metropass be extended, starting in September
2010, to Post-Secondary Students enrolled in full-time or part-time degree or diploma granting programs.

b. The age limit for the Student Metropass be removed.

c. Staff be directed to report back on implementation issues as required.

 The motion by Commissioner Hall carried.

Chair Giambrone moved that, recognizing the record Ridership in 2008 and 2009 that continues to grow, $3.4 million of the revenue from the new fare structure be applied to establish a network of 10-minute-or-better bus service consistent with the principles identified in the Transit City Bus Plan, starting in September 2010, noting that the 2010 Operating Budget is still in development.

The motion by Chair Giambrone carried

Vice-Chair Mihevc moved the following motions:

• That the increase in the Student/Senior Metropass be reduced so that the new price for Student/Senior Metropass be set at $99.00 and the Student/Senior MDP be set at $89.00.
• That the Commission approve implementation of the new Volume Incentive Pass (VIP) fare structure effective December 14, 2009.
• Effective immediately, all new MDP subscriptions will be processed for January 2010 and forward only at the new rates.
• That the Chief General Manager be directed to report back to the December Commission Meeting on cost control strategies, exclusive of route cuts, that could generate $5 million, $10 million, and $20 million in savings.
• That the Commission commit to working with the City and the province on a long-term funding plan that achieves the following:

1. A return to an equitable cost sharing of the TTC and Wheel Trans operating subsidy between the province and the city;

2. A farebox ratio of 60% by 2015.  This target strives to move the farebox ratio closer to the North American average rather than North America’s highest ratio.

3. A detailed explanation of how a new funding plan will support the service improvements and standards established by the official plan, the Ridership Growth Strategy, and the Transit City plan.

4. A five year forecast of expected fare increases.

• That staff consider and report back on possible options and costs for extending the discount fare program to riders that are underemployed and on social assistance for discussion during the 2010 operating budget process.

The motions by Vice-Chair Mihevc carried.

Chair Giambrone moved that the commission approve the report, as amended.

The motion by Chair Giambrone carried.

b) Subway Station Appearance Improvement Update   

Chair Giambrone moved that this item be deferred to the December 16, 2009 Commission Meeting. 

The motion by Chair Giambrone carried.

c) Review of Smartcards at the TTC and the PRESTO Smartcard System

Bob Hughes, Chief Project Manager – TTC/GTA Farecard Project, gave a PowerPoint presentation entitled “Review of Smartcards at the TTC and the PRESTO Smartcard System”.

 The Commission received the presentation for information. 
 
Chair Giambrone moved that recommendation no. 1 contained in the report, be amended as follows:

“It is recommended that the commission:

1. Conditionally approve the adoption of the Presto Fare Collection System subject to satisfactory resolution of the issues outlined in attachment a, subject to:

• TTC and City staff discussions with representatives of the Federal Government, Provincial Government, Metrolinx and the City of Toronto to develop operating and financial agreements necessary to resolve the issues outlined in attachment a;
• TTC staff reporting back to the commission for approval of the operating and financial agreements that have been developed;
• TTC staff developing detailed business requirements for adopting the Presto System at the TTC to the satisfaction of the commission;
• TTC staff undertaking the engineering and design work necessary for future subway infrastructure modifications to provide power and communications to support smartcards”.

 The motion by Chair Giambrone carried.

Chair Giambrone moved that the final bullet in attachment ‘a’, be amended as follows:

• “TTC and the City must not be bound to fare payment exclusivity that would preclude implementation of advances in fare payment approaches and technologies, such as and including open payments, mobile phone media, etc”.

 The motion by Chair Giambrone carried.

Commissioner Milczyn moved that attachment ‘a’ be amended to include the following:

• “TTC and the City expect the presto system to be designed to support open architecture;
• TTC and the city remain cognizant of our own fare policies and the system must be designed with flexibility to allow for different fare policies”.

 The motion by Commissioner Milczyn carried.

Chair Giambrone moved that the commission approve the report, as amended.

The motion by chair Giambrone carried.

3. Budget Matters
NIL
4. Procurement Authorizations
NIL
5. Procurement Authorization Amendments
NIL
6. Notice of Awards

a)  Procurement Authorization – Construction Project Insurance – Toronto-York Spadina Subway Extension   

It is recommended that the Commission receive the notice of award of Chair Giambrone, Vice-Chair Mihevc and the Chief General Manager awarding the procurement of project insurance for the construction of the Toronto-York Spadina subway Extension to Aon Reed Stenhouse Inc. in the amount of $20,152,207.00, inclusive of taxes.

Received

7. Service Matters

a) AODA Regulations on Accessibility Standards

Chair Giambrone moved adoption of the recommendation contained in the report as listed below:

“it is recommended that the commission

 1. Request that the Minister of Community and Social Services harmonize the various draft regulations being developed to implement the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), in order to ensure consistency with respect to their content, definitions, and implementation timing, before any additional individual regulations are finalized;

 2. Forward this report to the City of Toronto, the Ontario Ministries of Community and Social Services, Transportation, Energy and Infrastructure, the Ontario Human Rights Commission, and Metrolinx, noting that:

• The TTC highly is supportive of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and its goal to have an Accessible Ontario by 2025;
• The TTC has been developing and taking action – as far back as 1983 – to make all of its services, vehicles, and facilities accessible and these plans are consistent with the both the intent of the legislation, and with local accessibility priorities;
• The status of the TTC’s current activities to improve the accessibility of its facilities and services are described in the TTC Accessible Transit Services Plan - 2008 Status Report and the accompanying commission report which were forwarded to the Province in February 2009;
• Provincial AODA regulations regarding customer service have been finalised and must be complied with by public agencies like the TTC as of January 1, 2010. final regulations regarding accessible standards for transportation, the built environment, employment, and communications are forthcoming; 
• The Province has not made a commitment to assist with any operating and/or capital cost increases which might result from the AODA regulations; and
• As the finalized regulations become available, ttc staff will report on the costs and operational implications of the regulations for the TTC”.

The motion by Chair Giambrone carried.

Chair Giambrone also moved that staff be requested to prepare a presentation to update the commission at a future meeting on the actions taken.

The motion by Chair Giambrone carried.

8. Other Business

a) TTC Corporate Policy Review – Employee Suggestion Plan Policy 4.27.6
 
It is recommended that the Commission approve the following TTC Corporate Policy, as amended, which is attached as Appendix ‘A’:

• Policy 4.27.6 Employee Suggestion Plan

Approved

b) TTC Corporate Policy Review – Policy 9.1.3 – Engagement o f Outside Counsel
           
It is recommended that the Commission approve the following Corporate Policy, as amended, which is attached hereto as Appendix ‘A’:

• Policy 9.1.3 Engagement of Outside Counsel

Approved

c) Request for Approval of the Eglinton Crosstown LRT Transit Project Assessment Study

Stephanie Rice (EA Project Manager – Transit City) gave a PowerPoint presentation entitled “Request for Approval of the Eglinton Crosstown LRT Transit Project Assessment Study”.

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.  Approve the recommendation of the joint City/TTC Eglinton Crosstown Light Rail Transit (LRT) Project Assessment Study for a LRT Line from Kennedy station to Pearson Airport including the alignment, stops, stations (and related surface facilities), Bus Terminals and traffic management, as described in the attached “Eglinton Crosstown Light Rail Transit, Draft Environmental Project Report, Executive Summary”;

 2. Note that 12 public consultation meetings were held and, in addition, seven more public consultation meetings will be held from November 23, 2009 to December 10, 2009. The Commission will be advised of the results of these meetings;

3. Forward this Report to the Toronto City Manager with a request to submit a report to the November 30, 2009/December 1, 2009 Toronto City Council meeting recommending that City Council approve the recommendations of the Eglinton Crosstown LRT Transit Project Assessment Study and authorize staff to submit the Environmental Project Report (EPR) to the Ministry of Environment; and,

 4. Forward this report to the Regional Municipality of Peel, the City of Mississauga, the Regional Municipality of York, the Greater Toronto Airports Authority, Metrolinx, and the Ontario Ministry of Transportation, for information”. 

Vice-chair Mihevc moved that TTC staff be requested to meet with the City’s Transportation staff and the local councillor to resolve outstanding issues related to the Eglinton West Subway Station Stop and its interface with vehicular and pedestrian mobility.

The motion by Vice-Chair Mihevc carried.

Commissioner Milczyn moved that consideration of the left turn prohibition/u-turn facilities be referred to the Chief General Manager and General Secretary to work with City of Toronto Transportation Staff on a complete analysis of the implications of these facilities and that City Staff bring this information forward in a report to city council.

The motion by Commissioner Milczyn carried.
 
d) Toronto-York Spadina Subway Extension Project – Highway 407 Station – Approval of Conceptual Design

D. Lawson (Supervisor – Architectural & Communications – Engineering & Construction) gave a PowerPoint presentation entitled “Toronto-York Spadina Subway Extension Project – Highway 407 Station – Approval of Conceptual Design”.

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 approve the conceptual design for Highway 407 Station which will be presented through the public consultation process”. 
 
e) Yonge-University Spadina Line – Subway Rail Yard Needs Strategy

Chair Giambrone moved that this item be deferred to the December 16, 2009 commission meeting. 

The motion by Chair Giambrone carried.       

f) Dupont Subway Station and Casa Loma

Vice-Chair Mihevc moved that this item be deferred to the December 16, 2009 Commission Meeting. 

The motion by Vice-Chair Mihevc carried.
  
g) 2010 Commission Meeting Schedule

It is recommended that the Commission approve the following 2010 meeting schedule dates, and that the published schedule serve as notice for these meetings:

Wednesday, January 20, 2010  
Wednesday, February 17, 2010 
Thursday, March 25, 2010    
Wednesday, May 5, 2010   
Wednesday, June 2, 2010   
Wednesday, July 14, 2010   
Wednesday, August 25, 2010
Thursday September 30, 2010
Wednesday December 15, 2010

Approved

9. New Business
NIL
10. Correspondence

C-1 Commissioner Moeser, on behalf of K. Haab, President of New Conservatory of Music Ltd. regarding Sheppard East LRT construction.

The Commission received the communication for information.

Commissioner Moeser moved that staff be requested to invite the Sheppard BIA to the next Commission Meeting for the purpose of providing a deputation.

The motion by Commissioner Moeser carried.

C-2 R. Dyers, Secretary, Toronto Zoo requesting the TTC and Metrolinx to consider Scarborough Community Council’s position that the Sheppard East LRT be extended from Meadowvale Avenue to the Toronto Zoo. 

The Commission received the communication for information and referred the correspondence to staff for consideration as part of the further work being undertaken subsequent to the recently approved Environmental Assessment for the Sheppard East LRT.

C-3 Councillor Michael Thompson dated November 16, 2009 entitled “TTC Fare Hike Impacts and Alternatives”.

The Commission received the communication for information.

11. Funding to Establish Accessible Streetcar/LRV Platforms on Roncesvalles Avenue

It is recommended that the Commission:

1) Approve the re-allocation of $800,000 within the approved 2010-2014 Capital Program in order to allow improvements to the design and functionality of 14 innovative streetcar platforms which are to be built as part of the rehabilitation and redesign of Roncesvalles Avenue, between Dundas Street West and King Street West, as described in this report;

2) Forward this report to City Budget Committee for approval of this request, to be forwarded to City of Toronto Council for consideration of this in-year project scope change request to be addressed outside of the budget process;

3) Forward this report to Metrolinx, requesting that the aforementioned cost of this innovative shared transit-bicycle facility be funded through the BikeLinx program; and

4) Forward this report to Councillor Perks and the City of Toronto Transportation Services Division for information.

Approved

The meeting recessed at 5:00 p.m. and reconvened at 5:10 p.m.

The meeting adjourned at 6:45 p.m.

Commissioners approved a fare increase effective Jan. 3, 2010. The fare increase will see a change in adult fares of 25 cents – tokens will cost $2.50, and cash fares will cost $3. Student and Senior fares will increase by 15 cents, and Child fares will rise by five cents.

Commissioners also decided to limit the fare increase on Adult Metropasses to $121. As well, the board redefined who qualifies for a Student Metropass.

Effective September 2010, anyone enrolled in a post-secondary degree- or diploma-granting program will be able to purchase a Metropass at the Student rate. Commissioners also limited the fare increase to Student and Senior Metropasses.

The fare increase is expected to generate up to $45 million in revenue for 2010. The complete 2010 Operating Budget will be considered at the Dec. 16 Commission meeting.

Commissioners received a project assessment report on the Eglinton Crosstown LRT line from Pearson Airport to Kennedy Station. The preferred design for the 32.6-km light rapid transit line includes:

• A 14.6-km west aboveground section from Pearson Airport to Black Creek Dr., including a new bridge crossing Hwy. 401, west of Renforth Dr.
• A 10.5-km central underground section from Black Creek Dr. to Brentcliffe Rd.
• A 7.5-km east aboveground section from Brentcliffe Rd. to Kennedy Station (with an underground section for Don Mills Station at Don Mills Rd).

The Eglinton Crosstown LRT will be built in three stages: Commerce Stop to Eglinton West Station by 2016; Eglinton West Station to Kennedy Station by 2018; and Commerce Stop to Pearson Airport by 2020.

The Transit Project Assessment Study is scheduled for completion in May 2010.

Commissioners approved the conceptual design for the Highway 407 Station on the Toronto-York Spadina Subway Extension. Highway 407 Station will be located west of Jane St. and south of Hwy. 407, on the west bank of Black Creek. The station is designed as a multi-modal transportation hub with 600 commuter parking spots, a 30-space passenger pick-up lot and 18 bus bays for YRT and GO buses. There is also a provision for a future connection to the proposed Hwy. 407 Transitway.

The station design will be shown at a public open house next January, followed by a second public open house in the summer of 2010. The contract to build the station is scheduled to be awarded in October 2010.

Commissioners endorsed the TTC’s participation in the provincially lead, GTA-wide PRESTO Smartcard System (for fare collection) conditional upon acceptable operating and financial agreements being established between the TTC/City of Toronto and the province, Metrolinx and the federal government, which address the TTC’s business needs.

Commissioners approved the meeting schedule at Toronto City Hall for 2010 as follows: Wednesday, January 20; Wednesday, February 17; Thursday, March 25; Wednesday, May 5; Wednesday, June 2; Wednesday, July 14; Wednesday, August 25; Thursday, September 30; and Wednesday, December 15.