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1. TERMS OF REFERENCE FOR THE TRANSIT Commission
Mandat DE LA Commission du transport en commun
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Commission recommendationS, as amended
That Council approve the Commission’s Terms of Reference as outlined in Document 1, as amended by the following:
1. section A, Part 2 be amended to read:
2. Subsequent to the approval of the budget, consider, for recommendation to Council, all operating and capital budget adjustments pertaining to items within the Commission’s mandate and in excess of the overall Council-approved transit budget.
2. section B, Part 3 be amended to read:
3. Consider and approve all operating and capital budget adjustments pertaining to items within the Commission’s mandate and within the overall Council-approved transit budget.
3. section A, Part 11 be amended to read:
11. Review and make recommendations to Council on City policies and plans that have a public transit component.
4. Section B, Parts 13 and 14 be amended to read:
13. Receive and approve the annual Transplan report regarding service changes.
14. Receive and approve Transit wayfinding, branding and advertising standards and alternative revenue strategies.
5. Section B, Part 16 be amended to read:
16. Review with input from the IT Sub-Committee and approve technology matters related to public transit operations, including Smart Card, on-board technology, communication, control and monitoring systems, real-time data, and customer information.
RecommandationS MODIFIÉES de la commission
Que le Conseil approuve le mandat de la Commission tel qu’il est énoncé dans le document 1 et modifié comme suit :
1. Section A, partie 2, modifiée comme suit :
2. À la suite de l’approbation du budget, examiner, afin de présenter des recommandations au Conseil, toutes les modifications au budget de fonctionnement et au budget des immobilisations qui se rapportent à des éléments relevant du mandat de la Commission et qui mènent à un dépassement du budget total approuvé par le Conseil pour le transport en commun.
2. que la section B, partie 3 soit modifiée afin de se lire ainsi :
3. examiner et approuver tous les ajustements aux budgets de fonctionnement et d’immobilisations liés aux points relevant du mandat de la Commission et du budget général relatif au transport en commun approuvé par le Conseil.
3. Section A, partie 11, modifiée comme suit :
11. Examiner les politiques et les plans de la Ville qui touchent au transport en commun et formuler des recommandations au Conseil à cet égard.
4. Section B, parties 13 et 14, modifiées comme suit :
13. Recevoir et approuver le rapport annuel du TRANSPLAN en ce qui a trait aux modifications aux services.
14. Recevoir et approuver les normes de signalisation, de valorisation de la marque et de publicité pour le transport en commun, ainsi que les nouvelles stratégies de production de recettes.
5. Section B, partie 16, modifiée comme suit :
16. Examiner, en fonction des commentaires du Sous-comité de la technologie de l’information, et approuver les éléments technologiques qui se rapportent aux opérations du transport en commun, y compris les systèmes de carte à puce, les technologies installées dans les autobus, les systèmes de communication, de contrôle et de surveillance, les données en temps réel et l’information à la clientèle.
Documentation
1. City Clerk and Solicitor’s report, dated 4 January 2011 (ACS2011-CMR-CCB-0007).
2. Extract of Draft Minutes, 20 January 2011.
Report to/Rapport au :
Interim Transit Commission
Commission du transport en commun par intérim
and Council/et au Conseil
4 January 2011 / le 4 janvier 2011
Submitted
by/Soumis par : M. Rick O’Connor,
City Clerk and Solicitor/Greffier et Chef du
contentieux
Contact Person/Personne ressource : Leslie Donnelly, Deputy City Clerk / Greffière adjointe
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City-wide |
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Ref N°: ACS2011-CMR-CCB-0007 |
SUBJECT: TERMS OF REFERENCE FOR THE TRANSIT Commission
OBJET : Mandat DE LA Commission du transport en commun
REPORT RECOMMENDATION
That the Transit Commission recommend Council approve the Commission’s Terms of Reference as outlined in Document 1.
Que la Commission du transport en commun recommande au Conseil d’approuver le mandat de la Commission tel qu’il est décrit dans le Document 1.
On December 8, 2010, City Council approved changes to Council’s committee structure as part of the 2010-2014 Governance Review. Conducted at the beginning of each term of Council, the Governance Review is an examination of the City’s governance structure and the corresponding policies and procedures.
As is customary with every Governance Review, several changes to the City’s decision-making process have been adopted, most notably for the purposes of this report, a revised Standing Committee structure and adjusted Committee mandates for reporting to Council.
With a new Standing Committee structure now in effect, it is necessary to update the Terms of Reference documents that guide each Committee. The Terms of Reference provide a clear understanding of: the jurisdiction of each Committee in terms of making recommendations to Council on municipal programs, projects and issues; departmental reporting responsibilities; and the overarching goals of the Committee. An equitable and clear division of responsibilities between Standing Committees is essential for providing effective direction within the Corporation and accountability and transparency for members of the public.
The existing Terms of Reference documents were approved in Q1 2006 after the Rural Summit and require significant updates to reflect how the City is currently doing business. The former Transit Committee was established as a result of Council’s approval of the 2006-2010 Governance Review on December 6, 2006 where Council approved the division of the Transportation Committee into a Transit Committee and Transportation Committee with separate mandates. Since that time, the City’s corporate structure has undergone realignments which necessitate changes to titles and reporting. Finally, the establishment of the Transit Commission as part of the 2010-2014 Governance Review, requires the establishment of a new set of Terms of Reference that properly reflect the Transit Commission’s authority over operational matters and its reporting responsibilities.
Prior to the 2010-2014 Governance Review, the Transit Committee was responsible for transit related matters including providing guidance and direction to Transit Services staff to ensure the development and implementation of a safe, efficient and accessible transit system. As approved by City Council, the 2010-2014 established an independent Transit Commission that will be composed of eight Members of Council and four citizen members. The Commission will be responsible for operational matters related the Transit Services and will provide recommendations to Council regarding budgets, fares, and strategic plans.
The proposed new Terms of Reference for the Transit Commission outlined in Document 1 focus on strengthening and distinguishing the mandate of the Commission, which includes responsibility for the operational matters related to Transit.
Staff are currently investigating the overall process needs related to citizen members sitting on a body of Council including matters related to: freedom of information, conflict of interest, indemnification, etc. Staff will report back to the Commission in advance of the appointments of the citizen members in March 2011.
The Chair of the Transit Commission was consulted on the development of the Terms of Reference to reflect the mandate of this Committee. Additional consultation took place with the City Manager’s Office, the City Clerk & Solicitor Department, and the Deputy City Managers’ Offices. As this is an internal, administrative matter, public consultation was not conducted.
There are no legal/risk management implications related to this report.
There are no financial implications related to this report.
Document 1 – Transit Commission Terms of Reference, 2011
Upon approval of the report by Council, the Terms of Reference will become the mandate and governing authority for the Transit Commission to be implemented by the City Clerk’s office.
Document 1
Terms of Reference
The Transit Commission is responsible for ensuring the development of a safe, efficient, accessible and client-focused transit system and for providing overall guidance and direction to the Transit Services Department on all issues relating to the operation of public transit, including the O-train and the Para Transpo service delivery model.
Membership of the Transit Commission shall consist of eight (8) Members of Council and four (4) citizen members, as approved by Council. The Mayor is an ex-officio member of the Commission. The Chair and Vice-Chair shall be appointed by the membership of the Commission from among the members of the Commission who are also Members of Council.
Where Joint Committee meetings of the Transit Commission and another Committee of Council are held to consider matters of which transit is a component, citizen members of the Commission shall be non-voting, ex-officio members of the Joint Committee.
The Transit Commission shall:
1. Be responsible to Council for those items related to the operation of transit services emanating from:
a) The Transit Services Department;
b) Advisory Committees or Sub-committees that are within the area of responsibility of the Transit Commission; and
c) Local boards, agencies and corporations that are created by, and report to, this Commission.
2. Subsequent to the approval of the budget, consider, for recommendation to Council, all operating and capital budget adjustments pertaining to items within the Commission’s mandate and in excess of the overall Council-approved budget.
3. Review and recommend to Council transit fares, the annual operating and capital budget for the Transit Services Department.
4. Ensure co-ordination and consultation with Standing Committees and departments where responsibilities overlap on transit matters and on issues relevant to the mandate of more than one Committee.
5. Consult with the Agricultural and Rural Affairs Committee and recommend to Council any changes that would affect taxation in the rural transit zones.
6. Review and recommend to Council revisions to the Transit Commission Terms of Reference, as required.
7. Recommend to Council, the City of Ottawa’s participation in federal or provincial cost-sharing programs for matters within the mandate of the Commission.
8. Recommend to Council proposed by-laws that are under the Commission’s jurisdiction.
9. Review and recommend to Council strategic plans strictly related to transit matters, including a 10-year business plan (also known as the Annual Tactical Plan).
10. Provide an Annual Report to Council outlining the accomplishments and performance of the Commission and the exercise of delegated authority.
11. Review and make recommendations to Council on City policies and plans that have a public transit component such as the Transportation Master Plan.
12. In collaboration with the Transportation Committee, review and make recommendations to Council on transit infrastructure matters, such as transitways and traffic management, so as to achieve the transit goals of the City’s Official Plan and the Transportation Master Plan.
B. Responsibilities under Delegated Authority of the commission
The Transit Commission shall have final decision-making authority with respect to the following specific responsibilities:
1. Provide direction on, and ensure the implementation of, policies and programs with respect to the operation of Transit Services.
2. Exercise other specific responsibilities set forth by relevant statutes and City Council.
3. Consider and approve all operating and capital budget adjustments pertaining to items within the Commission’s mandate and within the overall Council-approved budget.
4. Pursue the following objectives in order to provide the best possible public transportation service for all transit users:
(a) Attract an increasing number of customers to transit;
(b) Determine and meet the transit needs of residents and visitors;
(c) Provide excellent customer service and foster a reputation of safety and reliability;
(d) Provide a transit service that is accessible and affordable;
(e) Ensure that safety standards are managed in accordance with recognized public transportation standards;
(f) Strive to develop and maintain a system that is adaptable to emerging changes in technology; and,
(g) Support policies that are consistent with the City of Ottawa Official Plan objectives.
8. Identify new transit services by-laws, policies, guidelines, and government funding programs for transit operations.
9. Act as the official bargaining agent of the City of Ottawa in negotiations with representatives of the Transit Services’ unions within Council-approved mandates. The Commission may delegate its bargaining powers, however, the Commission has the authority to direct staff on the parameters of the negotiations and no final agreement resulting from such a delegation shall be binding until it is approved by the Commission and Council.
10. Review and approve all changes to transit network policy standards related to operations.
11. Review and determine the service level standards for and the allocation of budgeted resources among urban and rural transit taxation areas.
12. Revise and approve changes to operational performance standards.
13. Receive and consider the annual Transplan report regarding service changes.
14. Receive and consider Transit wayfinding, branding and advertising standards and alternative revenue strategies.
15. Provide direction on strategic asset plans (Fleet composition, stations, Park and Ride, on-street amenities) related to operations.
16. Review and approve technology matters related to public transit operations, including Smart Card, on-board technology, communication, control and monitoring systems, real-time data, and customer information.
17. Receive the Transit Services Department Annual Report and quarterly performance reports.
18. Hear briefings on litigious matters related to the operation of transit services and to give direction to the City Clerk and Solicitor on such matters where it is consistent with current Council direction or policy.
19. Receive reports from staff regarding the exercise of delegated authority (By-law 2009-231 as amended) on items within the Commission’s mandate.
20. Receive regular status updates regarding inquiries and motions relating to matters under the Commission’s mandate.
21. Receive delegations from the public and hold public hearings as required by statute and Council.
22. Have the delegated authority to decide matters that are consistent with the application of federal and/or provincial statutes and/or regulations.
23. Pursuant with the Delegation of Authority By-law (Section – Conferences and Conventions), approve Members’ travel and attendance at conferences that are related to the Commission’s mandate (i.e. Canadian Urban Transit Association (CUTA)).
24. Provide direction and guidance with respect to the operation of interprovincial public transit and co-ordination with the Société de transport de l'Outaouais (“STO”).
terms of reference FOR THE TRANSIT COMMISSION
Mandat du LA COMMISSION DU TRANSPORT EN COMMUN
ACS2011-CMR-CCB-0007
David Jeanes spoke on behalf of Klaus Beltzner who was unable to attend. He indicated that he was specifically concerned about the objectives or mandate referred to in the Terms of Reference, and specifically Item 10 of Section A which indicates that the Commission should provide an annual report to Council outlining its accomplishments and performance. He felt these should be measurable objectives, and suggested there are already more specific requirements in the TMP than those listed under Section B, Point 4. He felt the objectives could be tightened up more in the Terms of Reference
With respect to the non-voting ability of citizen members, Mr. Jeanes explained that there are occasions when meetings are held jointly with one or more Committees on important subjects and it was felt that consideration should be given to having separate votes taken between Commission members and those on the other Committees that are meeting jointly with them. That will give a clear indication, on record, of how the Commission voted. Otherwise, the Commission will lose a lot of the benefit of having a public voting membership. A copy of the e-mail submitted by Mr. Beltzner is held on file.
With respect to the concerns raised about the objectives contained in the Terms of Reference, the Chair felt these and the TMP work in tandem and really delineates the responsibilities of the Commission. She asked the Deputy City Clerk to explain the rationale behind having citizen representatives non-voting at joint meetings.
Leslie Donnelly explained that Joint Committee meetings would occur rarely during the year because they are dealing with items that have a broader impact than just transit services. The cases they looked at were discussions about the TMP and the area rating. The TMP deals with the entire road network as a whole and staff had considered suggesting that the Commission could have input into the transit items only of that Plan and make recommendation to the Transportation Committee or to Council on those portions because that is within their mandate. Alternately, it could be recognized that the transit network is the transportation network and there are many areas of overlap where the expertise of the citizen members could add value in terms of how recommendations on a road network would have transit implications. There was also a benefit for both the citizen members to understand the recommendations and the road network as a whole and at the same time the Transportation Committee could receive their valuable input. However, when it came to voting, the question was should a citizen member of a Transit Commission (that is delegated no authority to Council over the road network), vote on the road network? That was the rationale that they should be ad hoc non-voting members. The same is true when dealing with the issue of transit service areas and the notion that that is a taxation issue. And, while the Commission has the authority to determine the service levels within those service areas, in considering the item as a whole, there is value to the discussion of citizen members offering input to the Finance and Economic Development Committee or the Agriculture and Rural Affairs Committee in a joint meeting, but Council did not delegate authority to citizen members to vote on a taxation issue.
When asked to clarify his concern, Mr. Jeanes explained that when it is a matter that falls within the scope of responsibility of the Commission, a separate vote could be recorded for those members and those of the Committee it is meeting jointly with. He offered that the value of the Transit Commission will be lost in such cases, particularly when no one can predict how many joint meetings may be held in future.
Councillor Wilkinson remarked that the citizen members on the Police Services and the Library boards have full voting ability, but she could not understand why the same could not be applied to the public members on the Commission during joint meeting. She noted that the final decision would ultimately rest with Council.
Tim Marc, Senior Legal Counsel advised that there are statutes for citizen members on those boards mentioned that provides for their authority to vote. Ms. Donnelly added that they had not addressed the issue of joint meetings in the Governance Report because it is only in the development of the terms of reference where it can be understood where some of the problems can occur. She suggested that the simplest thing to do is to bring those matters that are solely within the jurisdiction of the Transit Commission to the Commission for recommendation to other Committees and Council. However, it is clear that the citizen members should have more roll and it was felt that Council could benefit from it. Staff have recommended that they not be voting members on joint Committee meetings, but there would be participation, value and equality with the Transit Commission citizen members while still retaining the appropriate authority under Council’s current delegations.
Councillor Bloess referred to Item 9 in Section A and felt this suggests that the Commission has no real roll to play in terms of the implementation of LRT, et cetera. Ms. Donnelly explained that the Governance Report stated that the issue of light rail governance would be DOTT and DOTT governance would be brought forward in a separate report to Council. Ms. Schepers indicated that report should be brought forward sometime during Q1 of 2011. The councillor then asked if the update from the Rail Implementation Office would go directly to Council and Ms. Schepers explained it would but she could not confirm when that would occur.
With regards to Section A and B, points 2 and 3 respectively, Councillor Wilkinson suggested inserting the word transit to read:
2. Subsequent to the approval of the budget, consider, for recommendation to Council, all operating and capital budget adjustments pertaining to items within the Commission’s mandate and in excess of the overall Council-approved transit budget.
3. Consider and approve all operating and capital budget adjustments pertaining to items within the Commission’s mandate and within the overall Council-approved transit budget.
She felt it would make it clear that the Commission cannot take things from the other budgets. The Commission agreed to make those minor amendments to those points.
The councillor then referred to Section A, Point 11 which states: “Review and make recommendations to Council on City policies and plans that have a public transit component such as the Transportation Master Plan.” Traditionally, the TMP is done through the Transportation Committee and she suggested that it should be that the Commission review and recommend “…through the Transportation Committee to Council…” otherwise the Commission will be making one set of recommendations and the Transportation Committee making other recommendations and it could be confusing. The Deputy Clerk suggested that removal of the words “such as the Transportation Master Plan” would address this concern. The Commission concurred with this suggestion.
Councillor Wilkinson further suggested that Items 13 and 14 of Section B be amended to change the word “consider” to “approve”. Mr. Mercier explained that there could be route changes as a result of an infrastructure changes and the policy they have been following is that where the ward councillors who are affected by such changes are fully supportive of those changes, the registration of their agreement is normally sufficient to receive a report for those actions. If the change affects multiple wards and there is a financial impact on the operations, the normal convention has been that the Commission would seek to approve. The councillor was still concerned with this explanation, suggesting that if the ward councillor is in agreement, then it would never come to the Commission for consideration.
Nancy Schepers, Deputy City Manager added that the Commission approves a Transplan process and she suggested this be revisited with the new Commission so it can agree on how route changes would be approved. She suggested changing the wording to: “Receive and approve the annual transplan process as opposed to the report so it develops the framework and if the ward councillor is in agreement, the Commission proceeds with the infrastructure and staff would come back with a plan for approval by the Commission. Mr. Mercier confirmed that the annual report which comes forward is the one with all the big route changes, adding that in the past, if there is any disagreement with the ward councillors, the report came forward with a recommendation for the approval. Councillor Wilkinson believed that what the Deputy City Manager said with respect to the process is important and suggested that if that makes a change then the Commission can amend their terms of reference at that time when that information is provided.
Moved by M. Wilkinson
That Section B, Parts 13 and 14 be amended to read:
13. Receive and approve the annual Transplan report regarding service changes.
14. Receive and approve Transit wayfinding, branding and advertising standards and alternative revenue strategies.
CARRIED
Councillor Wilkinson also had some concern with regards to Point 16 in Section B because she felt the IT Sub-Committee should have some input. She felt that the IT section of transit operations does have an impact on things and it would be useful to have that technical overview that helps the Commission. She suggested an amendment to that effect. It was suggested by the Deputy City Clerk to add the words: “with input from the IT Sub-Committee” and the Commission agreed with that suggested change.
That the Interim Transit Commission recommend Council approve the Commission’s Terms of Reference as outlined in Document 1, as amended by the following:
1. section A, Part 2 be amended to read:
2. Subsequent to the approval of the budget, consider, for recommendation to Council, all operating and capital budget adjustments pertaining to items within the Commission’s mandate and in excess of the overall Council-approved transit budget.
2. section B, Part 3 be amended to read:
3. Consider and approve all operating and capital budget adjustments pertaining to items within the Commission’s mandate and within the overall Council-approved transit budget.
3. section A, Part 11 be amended to read:
11. Review and make recommendations to Council on City policies and plans that have a public transit component.
4. Section B, Parts 13 and 14 be amended to read:
13. Receive and approve the annual Transplan report regarding service changes.
14. Receive and approve Transit wayfinding, branding and advertising standards and alternative revenue strategies.
5. Section B, Part 16 be amended to read:
16. Review with input from the IT Sub-Committee and approve technology matters related to public transit operations, including Smart Card, on-board technology, communication, control and monitoring systems, real-time data, and customer information.
CARRIED, as amended