Board Meeting - Special - September 30, 2010

• Meeting No.1924 - August 27, 2010

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1. Reports with Confidential Attachments (Committee of the Whole)
• Retail Sales Tax Appeals – Status Update (FOR INFORMATION)(This report contains advice or communications that are subject to solicitor-client privilege)
• McCaul Loop Lease Renewal (FOR ACTION)(This report is about a proposed or pending land acquisition by the Commission)
• Large Litigation Matters (FOR INFORMATION)(This report contains advice or communications that are subject to solicitor-client privilege)
• Tax Issues (FOR ACTION)(This report contains advice or communications which are subject to solicitor-client privilege)
• TTC Pension Fund Society Update (FOR ACTION)(This report is about labour relations or employee negotiations)
• BST Contract Update (This report is about litigation or potential litigation that affects the Commission)
2. Presentations
• Automatic Fare Collection - Open Payments – Delegation of Authority to Award Contract (FOR ACTION)
3. Budget matters

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4. Procurement Authorizations

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5. Procurement Authorization Amendments

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6. Notice of Awards

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7. Service Matters

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8. Other Business

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9. New Business

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10. Correspondence

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A correspondence summary will be distributed at the meeting.

A. Giambrone (Chair), J. Mihevc (Vice-Chair), M. Augimeri, S. Bussin, S. Hall, P. Milczyn, R. Moeser, 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 - Legal), B. Ross (Director – Corporate Communications), M. Roche (Chief Financial Officer), S. Blakey (Executive Director – Human Resources), S. MacDonald (Manager – Materials & Procurement), K. Lee (Assistant General Secretary) and F. Stanois (Co-ordinator – Corporate Secretariat Services) were present.

A. Giambrone was in the Chair.

B. Agnew-Iler, Mayor’s Office, was also present.

B. Hughes, Chief Project Manager – TTC/GTA Farecard Project, was present for Item 2.

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

a)Retail Sales Tax Appeals – Status Update

It is recommended:

1.the Commission receive for information the Confidential Attachment; and

2.the contents of the Confidential Attachment remain confidential in their entirety as it contains advice which is subject to solicitor-client privilege.

Received

b)McCaul Loop Lease Renewal

It is recommended that the Commission:

1.Approve the recommendations as set out in the Confidential Attachment;

2.Treat the recommendation as confidential until the expiry of the term; and

3. Authorize staff to execute the necessary lease amending agreement to the satisfaction of TTC’s General Counsel.

Approved

c)Large Litigation Matters

It is recommended that the Commission:

1.Receive the confidential information as set out in Confidential Attachment 1;

2.Note 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.Receive this report for information purposes.

Received

d)Tax Issues

It is recommended that the Commission:

1.Approve the confidential recommendations as set out in Confidential Attachment 1;
and

2The contents of Confidential Attachment 1 remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

Approved

e)TTC Pension Fund Society Update

It is recommended that the Commission authorize staff to proceed as follows:

1.Approve the recommendations as set out in the Confidential Attachment;

2.To continue working with the City of Toronto in their efforts to gain solvency exemption for the City’s legacy pension plans;

3.To proceed with the procedural steps required to reclassify the Toronto Transit Commission Pension Fund Society as a jointly sponsored pension plan if such a conversation will enable the Society to obtain solvency funding exemption; and,

4.Note that the confidential information as set out in Confidential Attachment 1 remains confidential in its entirety as it contains information about labour relations or employee negotiations.

Approved

f)BST Contract Update

It is recommended that the Commission approve:

1.The recommendation contained in the confidential attachment; and,

2.That the information contained in the confidential attachment remain confidential in its entirety as it contains information related to a potential litigation matter.

Approved

2. Presentations

Automatic Fare Collection – Open Payments – Delegation of Authority to Award Contract

B. Hughes, Chief Project Manager – TTC/GTA Farecard Project, gave a PowerPoint presentation on this item.

Commissioner Milczyn moved that recommendation no. 1 in the staff report be amended to direct staff to bring forward the report to the December 15, 2010 meeting so such recommendation now reads as follows:

“1) At the completion of the structured multi-phase bid process of the open standards-based fare payment system procurement to bring forward a report to the December 15, 2010 Commission meeting that will;

(i)Identify successful proponent; and

(ii)Direct staff to seek agreement with the province on an implementation plan”.

Chair Giambrone requested a recorded vote.

In favour: Chair Giambrone, Vice-Chair Mihevc, Commissioners Milczyn, Moeser, Bussin, Hall and Perruzza.

Opposed: NIL

Not present during the recorded vote: Commissioner Augimeri.

Commissioner Milczyn’s amendment motion carried on a vote of 7-0.

Commissioner Moeser moved that the General Manager be directed to work with the Province to integrate open payments with the Presto Card and report back next year on a timetable for possible implementation of an integrated system.

The motion by Commissioner Moeser lost.

Chair Giambrone moved approval of recommendation no. 1 in the staff report, as amended.

Commissioner Moeser requested a recorded vote:

in favour: Chair Giambrone, Vice-Chair Mihevc, Commissioners Milczyn, Bussin, Hall and Perruzza.

Opposed: Commissioner Moeser.

Not present during the recorded vote: Commissioner Augimeri.

The motion by Chair Giambrone carried on a vote of 6-1.

3. Budget Matters
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4. Procurement Authorizations
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5. Procurement Authorization Amendments
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6. Notice of Awards
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7. Service Matters
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8. Other Business
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9. New Business
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10. Correspondence

C-1 – TTC Chair Adam Giambrone regarding Open Payments.

The Commission received the communication for information.
(See report no. 2 for minute).

The meeting recessed at 5:13 p.m.

The meeting reconvened at 6:01 p.m.

The meeting adjourned at 6:45 p.m.