Board Meeting - December 14, 2011

(Public meeting to commence at 10:00 a.m. to deal with Declarations of Interest and a resolution to conduct a portion of the meeting in the absence of the public. The Commission will immediately meet in the absence of the public (referred to as “Committee of the Whole”) to deal with Confidential Items and will reconvene the portion of the meeting open to the public at approximately 1:00 p.m.)

Resolution to conduct a portion of the meeting in the absence of the public (Committee of the Whole) in accordance with Section 29 of the TTC By-Law to Govern Commission Proceedings and section 190 of the City of Toronto Act

1. Mount Dennis Bus Garage – TCE Contamination – Contract Amendment (This report contains advice or communications that are subject to solicitor-client privilege)
2. Class Action Update (This report contains advice or communications that are subject to solicitor-client privilege)

1. Town Hall Forum Results

Reconvene
Meeting (Open To The Public) – 1:00 P.M.
Committee Room 1, 2nd Floor, City Hall

• Meeting No. - November 23, 2011

Nil

Presentations will be heard at 1:30 p.m. Requests to speak must be registered in writing by 12:00 Noon of day preceding meeting day.

Nil

Nil

Nil

1. Reports with Confidential Attachments (Committee of the Whole)
• Mount Dennis Bus Garage – TCE Contamination – Contract Amendment (FOR ACTION)(This report contains advice or communications that are subject to solicitor-client privilege.)
• Class Action Update (FOR ACTION)(This report contains advice or communications that are subject to solicitor-client privilege)
2. Presentations
• Appointment of Members to the Advisory Committee on Accessible Transportation (FOR ACTION)
3. Budget matters
• Chief General Manager’s Report – Period 10 (October 2 to October 29, 2011)(FOR ACTION)
• 2012 Toronto Transit Commission - Final Budgets (FOR ACTION)
4. Procurement Authorizations
• Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period October 1, 2011 to October 31, 2011 (FOR INFORMATION)
5. Procurement Authorization Amendments
6. Notice of Awards
7. Service Matters
• 145 Downtown/Humber Bay Express: Post-Implementation Review (FOR ACTION) (Deferred from November 23, 2011)
8. Other Business
• Wireless Network in the Subway Project – Status (FOR INFORMATION)
• Licence Renewals – TTC Commuter Parking Lots (FOR ACTION)
• Proxy to Vote Toronto Transit Commission Shares in Toronto Coach Terminal Inc. (FOR ACTION)
• Amendment to the Terms of Reference for the Advisory Committee on Accessible Transportation (ACAT) (FOR ACTION)
• Commission Governance (FOR ACTION)
9. New Business
10. Correspondence

A correspondence summary will be distributed at the meeting.

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.

Nil

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.

Nil

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.

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

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).

Nil

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.

Nil

Nil

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

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.

2. Presentations

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)”.

3. Budget Matters

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 

4. Procurement Authorizations

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

5. Procurement Authorization Amendments

NIL

6. Notice of Awards

NIL

7. Service Matters

a) 145 Downtown/Humber Bay Express:  Post Implementation Review

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

8. Other Business

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.

9. New Business

NIL

10. Correspondence

NIL

Nil

After hearing more than 40 deputations and receiving a detailed presentation from TTC staff, Commissioners approved the final 2012 TTC and Wheel-Trans Operating Budgets, and the final 2012-2016 Capital Program/10-Year Forecast. The reports will now be forwarded to the City's Budget Committee.

Here is what was approved on Dec. 14:

• A total of $5 million from the 2012 Operating Budget (achieved through diesel fuel savings) be re-allocated to retain some service in peak periods (starting in February 2012).
• The TTC Chief General Manager work with the City Manager and the Chief Financial Officer to determine appropriate financing alternatives related to the $45-million capital cost of new vehicles and additional storage, and report back to the Budget Committee prior to the TTC's commitment to the purchase of the vehicles.
• Wheel-Trans service for ambulatory dialysis patients will be continued until the end of June 2012 so that the TTC can continue to work with the Ministry of Health and Long-Term Care, the Local Health Integration Networks and the Kidney Foundation of Canada to find a funding solution so that service can continue to be provided to ambulatory dialysis patients. In the meantime, no new ambulatory dialysis customers will be registered for Wheel-Trans service.
• TTC and City staff 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 will include cost-cutting commitments, customer service commitments and key performance indicators. This fare policy will be reviewed as part of the 2013 budget process.

As part of the final budget approval, Commissioners approved a standard 10-cent fare increase on the Adult token (to $2.60 from $2.50) and a pro-rata increase on all other fares effective on Jan. 1, 2012. The Cash Fare remains unchanged at $3. The fare increase will generate $30 million required to cover a $21-million shortfall in the Operating Budget and an $8-million shortfall in the Wheel-Trans Budget.

Commissioners also approved in principle a standard 10-cent fare increase on the Adult token (and a pro-rata increase on all other fares) in 2013, 2014, and 2015 as part of a multi-year financing strategy required to balance the Operating Budget over the next four years.

The decision to re-allocate the diesel-fuel savings will help to retain current bus and streetcar service levels with no change until February 2012, and also avoid a number of the peak-period service reductions through 2012, which had been scheduled on more than 50 bus routes.

In order to help meet the City’s budget reduction targets, the TTC will need to tighten up its crowding standards, which will result in longer arrival times between vehicles during peak- and off-peak periods, and increased crowding. The TTC is projecting an all-time high record ridership of 503 million in 2012.

The TTC’s 10-Year Capital Forecast is to be adjusted for the purchase of new buses at a cost of $45 million for 2013 to ensure the approved service adjustments can be met in future years. The Capital Program was approved and is fully funded over the 10-year period.

Commissioners approved a report that establishes the criteria for public/citizen representation on the Commission and ensures that the citizen representatives have the appropriate skill level to meet the needs of the TTC. Specifically, the Commission recommends that members be qualified in the following areas: legal education/training; financial management/accounting; corporate governance; customer service; engineering and/or large construction projects; and safety experience within an industrial environment.

The Commission named five new members to the Advisory Committee on Accessible Transportation (ACAT): Dr. William Castor, Debbie Gillespie, Penny Lamy, Angela Marley and Lynn McCormick. They will begin their three-year terms on Jan. 1, 2012. The board thanked outgoing members: Heather Green, Robert Muzzy, Craig Nicol, Elaine Prescod and Sam Savona (Chair). ACAT is comprised of Toronto citizens who advise members of the TTC on difficulties faced by people with disabilities and seniors, and recommends the elimination of barriers to accessible public transit.