Meeting No. 1942
Wednesday, December 14, 2011
10:00 AM

Committee Room 3, 2nd Floor
Toronto City Hall, 100 Queen Street West

A meeting of the Toronto Transit Commission was held in Committee Room 3, 2nd Floor, Toronto City Hall, 100 Queen Street West, Toronto, Ontario on Wednesday, December 14, 2011 commencing at 10:10 a.m.  The meeting recessed at 10:20 a.m. and re-convened at 1:00 p.m. in Committee Room 1. 
 
K. Stintz (Chair), P. Milczyn (Vice-Chair), M. Augimeri, V. Crisanti, F. Di Giorgio, N. Kelly, D. Minnan-Wong, C. Palacio, and J. Parker (Commissioners), G. Webster (Chief General Manager), A. Byford (Chief Operating Officer), V. Rodo (General Manager – Executive & General Secretary), J. Sepulis (General Manager – Engineering & Construction), D. Dixon (Acting General Manager – Operations), M. Atlas (Senior Solicitor – Legal), W. Frost (Acting Deputy General Manager – Bus), S. Blakey (Executive Director – Human Resources), M. Stambler (Chief Planning Officer), M. Roche (Chief Financial Officer), B. Ross (Director – Corporate Communications), C. Upfold (Chief Customer Service Officer), T. Baik (Chief Project Manager – Construction),  A. Smith (Chief Marketing Officer), V. Cosentino (Marketing Research Director), (K. Lee (Assistant General Secretary) and D. McDonald (Co-ordinator – Corporate Secretariat Services) were present.

K. Stintz was in the Chair.

Reconvened

Meeting (open to the public) – 1:00 p.m.
Committee room 1, 2nd floor, City Hall

Declaration of Interest - Municipal Conflict of Interest

Nil

Minutes of the Previous Meetings

Commissioner Augimeri moved that the Commission approve the minutes from meeting no. 1941 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Augimeri carried.

Business Arising Out of Minutes

Nil

Committee of the Whole Resolution

Commissioner Minnan-Wong Moved that the town hall forum results education/training item be moved to the public portion of a commission meeting agenda.

The motion by Commissioner Minnan-Wong carried.

Vice-Chair Milczyn moved that an advertising campaign education/training item that was omitted in error from the agenda be presented to the Committee of the Whole.

The motion by Vice-Chair Milczyn carried.

Vice-Chair Milczyn further moved that the Commission recess to meet as the Committee of the Whole to deal with litigation or potential litigation matters, labour relations, employee negotiations, and to receive advice which is subject to solicitor-client privilege.

The motion by Vice-Chair Milczyn carried.

Public Presentations

a) Decreasing Fare Evasion

Alan Yule

The Commission received the deputation for information and referred the deputant’s presentation to staff for a public report back to the Commission in the first half of 2012 on the steps being taken to deal with fare evasion. 

b) Kingston Road 12A Bus Service
 
Mark Cormack
(submitted petition)

The Commission received the deputation and petition for information and referred the matter to TTC staff to have a meeting with Chair Stintz and Councillor Crawford to review the service levels and to report back in January on the results of that discussion.

c) Commission Governance

Hamish Wilson
(submitted brief)

The Commission received the deputation for information.
(see item no. 8(e) for minute).

d) 2012 Toronto Transit Commission – Final Budgets

Councillor Mary Fragedakis
City of Toronto

Councillor Joe Mihevc
City of Toronto

Terry Young, President
Central Ontario Chapter, The Kidney Foundation
of Canada

Bob Kinnear
Amalgamated Transit Union, Local 113

Natalie Litwin
Past President Transport Action Ontario

Brenda Thompson
Scarborough Transit Action

Gilleen Witkowski

Matthew Allman

Paulette Andria Hamilton

Anthony Di Pasquale

Jessica Bell

Jennifer Foulds

Robert Cerjanec

Thom Vernon

Lilian Ndangam

Jamie Kirkpatrick
Toronto Environmental Alliance

Brian Boehlert

Patricia Warwick

Steve Munro

John Nunziata, Partner
The Parliamentary Group

Amadeo Plores

Eddy Lantz

Rohan Jagroo

Yaneev Forman

Justin Conley

Jonah Schein

Hamish Wilson
(submitted brief)

Lynne Weir

Don Booth
Olga Kremko

Michelle St. Amour

Mark Schemeit

Teferi Zemene, Unite Here

Herman Rosenfeld

Arabi Rajeswaran

Mackenzie Kinmond

Cadigia Ali

Sonny Yeung

Karl Junkin
(submitted brief)

Jonathan Allan
(submitted brief)

Miroslav Glavic

Abdalla Al-Baalawy, VP External
Scarborough Campus Students’ Union

Walied Khogali

The Commission received the deputations for information.
(see item no. 3(b) for minute).

Notice of Motions

Nil

Motions Without Notice

Chair Stintz introduced the following motion:

It is recommended that the Commission direct the Chief General Manager to report to the Commission’s January meeting with an update on the status of planning and construction of the Eglinton Scarborough Crosstown Transit Project.

the commission referred the motion to the chief general manager for appropriate action.

Items of Which Notice has Previously Been Given

Nil

Items Deferred From Last Meeting to Permit Debate/Public Presentation

Nil

  1. Reports with Confidential Attachments (Committee of the Whole)
  2. a) Mount Dennis Bus Garage – TCE Contamination – Contract Amendment

    The Commission:

    1. Received the information in the confidential attachment;

    2. Authorized the issuance of contract amendment no. 18 to Conestoga-Rovers & Associates Limited (CRA) for geotechnical and geo-environmental engineering services Triennial contract g85-215 in the amount of $3,000,000 increasing the total upset limit amount from $2,600,000 to $5,600,000 and extend the expiry date from April 30, 2012 to December 31, 2014; and

    3. Authorized that the information contained in the confidential attachment remain confidential in its entirety as it contains information that is subject to solicitor-client privilege.

    b) Class Action Update

    The Commission:

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

    2. Authorized that the information in the confidential attachment remains confidential until the conclusion of the current litigation.

  3. Presentations
  4. a) Appointment of Members to the Advisory Committee on Accessible Transportation

    W. Frost, Acting Deputy General Manager – Bus, joined Chair Stintz in presenting plaques and framed certificates of appreciation to outgoing ACAT members Heather Green, Robert Muzzy, Craig Nicol, Elaine Prescod and Sam Savona.
      
    Following the presentations, the commission approved the recommendation contained in the staff report, as follows:

    “It is recommended that the commission:

    1. Approve the appointment of five (5) candidates to the Advisory Committee on Accessible Transportation, commencing their term on January 1, 2012 and ending December 31, 2014 (see appendix a);

    2.  Approve the appointment of two (2) candidates to re-establish a pool to draw from in the event a member does not accept or complete their term and, if not used, to be short listed automatically for 2013 new vacancies;

    3. Present the retiring five (5) members with in-appreciation plaques and a Transit Pass in line with the number of years served in their term as recognition of their contribution (see appendix a)”.

  5. Budget Matters
  6. a) Chief General Manager’s Report – Period 10 (October 2 to October 29, 2011)

    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) 2012 Toronto Transit Commission – Final Budgets

    V. Rodo, General Manager – Executive & General Secretary, gave an overhead presentation on this item.

     The Commission received the presentation for information.

     Commissioner Palacio moved the following motion:
    That staff consider continuing the current standard of public transit services on Dufferin Street during peak hours and to report back to the Commission on this matter in January 2012. 
    The motion by Commissioner Palacio carried.
    Commissioner Palacio also moved the following motion:
    That MPP Jonah Schein, NDP transportation critic, in keeping with his promise during his deputation before the Commission on December 14, 2011, be requested to continue to advocate Andrea Horwath’s platform to restore the 50/50 funding formula for the TTC Operating Budget, and that his party communicate back to the commission on this issue.

     The motion by Commissioner Palacio lost.

     Chair Stintz moved the following motions:

    1. That $5 million from the 2012 budget be reallocated to retain 1/2 of the proposed peak service reductions.
    2. That the CGM work with the City Manager and CFO to determine appropriate financing alternatives related to the $45m capital cost of vehicles and additional storage, and report back to the budget committee prior to TTC’s commitment to the purchase of the vehicles.
    3. That service for ambulatory dialysis patients be continued until the end of June 2012 so that the TTC can continue to work with the Mohltc, the Lhins and the Kidney Foundation to find a funding solution so that service can continue to be provided to ambulatory dialysis patients.
    4. That no new ambulatory dialysis customers be registered to receive Wheel-Trans service.
    5. That the TTC and the City develop a multi-year funding framework that includes commitments in subsidy, non-earned revenue and a fare policy that considers increased ridership and the rate of inflation. The framework includes cost-cutting commitments, customer service commitments and key performance indicators.
    6. That our fare policy be reviewed as part of the 2013 budget process.
    7. That the Commission receive the submitted public petitions on this item.

    The foregoing motions by Chair Stintz carried.

    Chair Stintz further moved adoption of the recommendations contained in the staff report.

    Commissioner Crisanti requested that the recommendations in the staff report be voted on seperately.

    1. 2012 TTC Operating Budget

    i) Approve the 2012 TTC OPERATING budget as summarized on attachment a, as amended;

    Carried.

    ii) Approve a standard 10 cent fare increase on the Adult Token (and a pro-rata increase on all other fare media) effective January 1, 2012, as shown on attachment b; and,

    Carried.

    Commissioner Augimeri noted her opposition

    iii) Approve-in-principle a standard 10 cent fare increase on the Adult Token (and a pro-rata increase on all other fare media) in each of 2013, 2014 and 2015 as part of a multi-year financing strategy required to balance the operating budget over the next 4 years.

    Carried

    2. 2012 Wheel-Trans Operating Budget

    Approve the 2012 Wheel-Trans Operating Budget as described on attachment c.

    Carried
    3. 2012-2021 TTC Capital Budget

    Approve the 2012-2016 TTC capital program and 10 year forecast as shown on attachment d.

    Carried
    4. Forward this report to the City of Toronto clerk for submission to the City of Toronto Budget Committee.

    Carried 

  7. Procurement Authorizations
  8. a) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period October 1, 2011 to October 31, 2011

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

    Received

  9. Procurement Authorization Amendments
  10. Nil
  11. Notice of Awards
  12. Nil
  13. Service Matters
  14. a) 145 Downtown/Humber Bay Express:  Post Implementation Review

     The Commission deferred this report to the February 29, 2012 meeting of the Commission.

  15. Other Business
  16. a) Wireless Network in the Subway – Project Status

     The Commission referred this report to the February meeting to confirm that the RFP contains a non-discrimination provision requiring that every carrier be given equal access to the telecommunications network.

    b) License Renewals – TTC Commuter Parking Lots

    It is recommended that the Commission:

    1. Approve the commercial terms outlined in this report associated with renewal license agreements between the City of Toronto, on behalf of the TTC, and Her Majesty the Queen in Right of Ontario as represented by the Minister of Infrastructure for six (6) TTC commuter parking lots within hydro corridors.

    2. Advise the City of Toronto, Real Estate Services Division, of the Commission’s decision and to take the necessary action to execute the renewal licenses by February 20, 2012.

    Approved
      
    c) Proxy to Vote Toronto Transit Commission Shares in Toronto Coach Terminal Inc.

    It is recommended that the Commission approve the attached proxy to exercise the 10,000 Toronto Transit Commission shares in Toronto Coach Terminal Inc. for any Toronto Coach Terminal Inc. Shareholders Meeting that is held during the year 2012. 
     
    Approved

    d) Amendment to the Terms of Reference for the Advisory Committee on Accessible Transportation (ACAT)

    It is recommended that the Commission approve revisions to the ACAT Terms of Reference. The revisions address a change to the Committee’s name, the appeal process for any member removed from the Committee, the elimination of an ex-officio, the role of “Pool” members, election process for the Executive, the process for accepting a public deputation, and support for members at meetings.
     
    Approved

    e) Commission Governance

    Commissioner Augimeri moved the following motion:

    That the recruitment process be consistent with section 1.4 (open, competitive, and equitable process) of the City of Toronto’s Public Appointments Policy, and work with the Toronto Senior’s Forum and Toronto Youth Cabinet and other relevant representation to ensure appointments are reflective of achieving participation that affirms the diversity of our society.

    The motion by Commissioner Augimeri carried.

    Commissioner Minnan-Wong moved the following motion:

    That the following requirements, as set out in the final paragraph on page 3 of the report, be struck out:

    “That each citizen appointment have the designation of Chartered Director (c. dir.) or certification from the Institute of Corporate Directors (icd.d)”.

    The motion by Commissioner Minnan-Wong lost.

    Chair stintz moved adoption of the recommendations in the staff report, as follows, and as amended:

    “It is recommended that the Commission:

    1. Endorse the following principles:

    A) The establishment of a job description for citizen appointments to the Commission (board member) as set out in this report;

    B) That the remuneration and term schedules for citizen appointments to the Commission be consistent with the remuneration and term schedule currently in use by the Toronto Hydro corporation;

    C) That the skill set and experience requirements for Citizen Board members of the Toronto Transit Commission be consistent with the requirements as set out in this report; and

    D) That the recruitment process be consistent with type 1 process (advertised recruitment) as set out in the City of Toronto’s Public Appointments Policy, with the option of using a search consultant to augment the applicant pool.

    2. Forward this report to the City of Toronto, City Manager, for consideration relating to the public appointment of citizens to the Board of the Toronto Transit Commission”.

    The motion by Chair Stintz carried.

    Commissioner Augimeri noted her opposition to the foregoing.

  17. New Business
  18. Nil
  19. Correspondence
  20. NIL

    TTC Board Members

    Karen Stintz, TTC Chair Peter Milczyn, Vice-Chair Maria Augimeri Vincent Crisanti Frank Di Giorgio Norm Kelly Denzil Minnan-Wong Cesar Palacio John Parker