Item - 2012.GM11.6
Tracking Status
- City Council adopted this item on October 2, 2012 with amendments.
- City Council considered this item on May 8, 2012 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- City Council considered this item on March 5, 2012 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- This item was considered by the Government Management Committee on February 23, 2012 and adopted without amendment. It will be considered by City Council on March 5, 2012.
GM11.6 - Walks and Gardens Trust - Repeal of Legislation
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 28 - Toronto Centre-Rosedale
City Council Decision
City Council on October 2, 3 and 4, 2012, adopted the following:
1. City Council request the Provincial Government to repeal the legislation which established the Walks and Gardens Trust (the “Trust”), dissolve the Trust, relieve City Council of any past and ongoing obligations in respect of the Trust and clear the Trust and any other conditions or restrictions contained in the original Crown Patent from title to the lands affected by the Trust.
2. City Council direct Facilities Management, in consultation with Economic Development and Culture, to hold an open public art competition to commemorate the Walks and Gardens Trust at Union Station (the "Commemoration") and reserve the area below the Front Street Pedestrian Bridge for the Commemoration.
3. City Council authorize the Chief Corporate Officer to enter into an agreement with the selected artist on terms and conditions satisfactory to the Chief Corporate Officer and the City Solicitor.
4. City Council amend the 2012 Approved Capital Budget and the 2013 Capital Plan for Union Station by adding a new sub-project and increasing gross expenditures by $0.250 million gross; $0 debt, with cash flows of $0.010 million in 2012 and $0.240 million in 2013, funded from the Union Station Reserve Fund (XR2501) for the installation of the commemoration of the Walks and Garden Trust.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45101.pdf
(February 7, 2012) Attachment to Item GM11.6 - Report on the Walks and Gardens Trust
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45102.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-50508.pdf
Attachment A - Walks and Gardens Trust Commemorative Area
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-50509.pdf
Communications (Committee)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-30887.pdf
Motions (City Council)
That City Council adopt the following recommendations contained in the report (August 29, 2012) from the Chief Corporate Officer and City Solicitor (GM11.6a):
1. Facilities Management, in consultation with Economic Development and Culture, hold an open public art competition to commemorate the Walks and Gardens Trust at Union Station (the "Commemoration") and reserve the area below the Front Street Pedestrian Bridge for the Commemoration.
2. The Chief Corporate Officer be authorized to enter into an agreement with the selected artist on terms and conditions satisfactory to the Chief Corporate Officer and City Solicitor.
3. The 2012 Approved Capital Budget and the 2013 Capital Plan for Union Station be amended by adding a new sub-project and increasing gross expenditures by $0.250 million gross; $0 debt, with cash flows of $0.010 million in 2012 and $0.240 million in 2013, funded from the Union Station Reserve Fund (XR2501) for the installation of the commemoration of the Walks and Garden Trust.
Vote (Amend Item (Additional)) Oct-02-2012 7:57 PM
| Result: Carried | Majority Required - GM11.6 - McConnell - motion 1 |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 10 | Members that were absent are Maria Augimeri, Gary Crawford, Mike Del Grande, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Jaye Robinson, Karen Stintz |
Vote (Adopt Item as Amended) Oct-02-2012 7:58 PM
| Result: Carried | Majority Required - GM11.6 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 10 | Members that were absent are Maria Augimeri, Gary Crawford, Mike Del Grande, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Jaye Robinson, Karen Stintz |
GM11.6 - Walks and Gardens Trust - Repeal of Legislation
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 28 - Toronto Centre-Rosedale
City Council Decision
City Council on May 8 and 9, 2012, deferred consideration of Item GM11.6 to the City Council meeting on October 2 and 3, 2012.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45101.pdf
(February 7, 2012) Attachment to Item GM11.6 - Report on the Walks and Gardens Trust
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45102.pdf
Communications (Committee)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-29682.pdf
Motions (City Council)
That consideration of this Item be deferred to the October 2 and 3, 2012 meeting of City Council.
Vote (Defer Item) May-08-2012 10:15 AM
| Result: Carried | Majority Required - GM11.6 - McConnell - motion 1 - defer the item |
|---|---|
| Total members that voted Yes: 32 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 1 | Members that voted No are David Shiner |
| Total members that were Absent: 12 | Members that were absent are Michelle Berardinetti, Shelley Carroll, Frank Di Giorgio, John Filion, Paula Fletcher, Doug Ford, Mike Layton, Peter Milczyn, Denzil Minnan-Wong, Anthony Perruzza, Jaye Robinson, Karen Stintz |
GM11.6 - Walks and Gardens Trust - Repeal of Legislation
- Decision Type:
- ACTION
- Status:
- Deferred
- Ward:
- 28 - Toronto Centre-Rosedale
City Council Decision
City Council on March 5, 6 and 7, 2012, deferred consideration of this Item to the May 8 and 9, 2012 meeting of City Council and requested the Chief Corporate Officer and the City Solicitor to report to City Council on a framework to create and maintain an interpretative installation on the Walks and Gardens in perpetuity in a relevant, high-traffic area inside Union Station; and referred the letter (March 5, 2012) from William H. Roberts outlining the legal issues about the dissolution of the Walks and Gardens Trust and the process for the repeal of the legislation to the City Solicitor for consideration and comment to Council as part of the requested report.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45101.pdf
(February 7, 2012) Attachment to Item GM11.6 - Report on the Walks and Gardens Trust
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45102.pdf
Communications (Committee)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-29089.pdf
Motions (City Council)
That City Council defer consideration of this Item to the May 8 and 9, 2012 meeting of City Council and request the Chief Corporate Officer and the City Solicitor to report to City Council on a framework to create and maintain an interpretative installation on the Walks and Gardens in perpetuity in a relevant, high-traffic area inside Union Station; and that the letter (March 5, 2012) from William H. Roberts outlining the legal issues about the dissolution of the Walks and Gardens Trust and the process for the repeal of the legislation be referred to the City Solicitor for consideration and comment to Council as part of the requested report.
Vote (Defer Item) Mar-06-2012 7:04 PM
| Result: Carried | Majority Required - GM11.6 - McConnell - Defer the Item |
|---|---|
| Total members that voted Yes: 41 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 4 | Members that were absent are Shelley Carroll, John Filion, Doug Ford, Ron Moeser |
GM11.6 - Walks and Gardens Trust - Repeal of Legislation
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 28 - Toronto Centre-Rosedale
Committee Recommendations
The Government Management Committee recommends that:
1. City Council request the Provincial Government to repeal the legislation which established the Walks and Gardens Trust (the “Trust”), dissolve the Trust, relieve City Council of any past and ongoing obligations in respect of the Trust and clear the Trust and any other conditions or restrictions contained in the original Crown Patent from title to the lands affected by the Trust.
Origin
Summary
This report recommends that City Council request that the Provincial Government repeal the legislation establishing the Walks and Gardens Trust, dissolve the Trust, relieve the City of any past and ongoing obligations in respect of the Trust, and clear the Trust and any other conditions or restrictions contained in the original Crown Patent from the title to the lands affected by the Trust, including the Union Station Lands.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45101.pdf
(February 7, 2012) Attachment to Item GM11.6 - Report on the Walks and Gardens Trust
https://www.toronto.ca/legdocs/mmis/2012/gm/bgrd/backgroundfile-45102.pdf
Communications
Speakers
Michael Comstock, President, Toronto Association of BIAs (TABIA)
Edward Nixon, President, Old Town Toronto Network
Motions
That the item be deferred and that staff be instructed to meet with Walks & Gardens Working Group or their legal representatives without prejudice to explore whether a settlement is possible to avoid costly litigation and report back to the Government Management Committee with any additional recommendations that may arise from these meetings.
Vote (Defer Item) Feb-23-2012
| Result: Lost | Majority Required - Motion 1 - Councillor McConnell - Defer Item |
|---|---|
| Total members that voted Yes: 2 | Members that voted Yes are John Filion, Pam McConnell |
| Total members that voted No: 3 | Members that voted No are Paul Ainslie (Chair), Vincent Crisanti, Doug Ford |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
Vote (Adopt Item) Feb-23-2012
| Result: Carried | Majority Required - Motion 2 - Councillor Ainslie - Amend Item |
|---|---|
| Total members that voted Yes: 3 | Members that voted Yes are Paul Ainslie (Chair), Vincent Crisanti, Doug Ford |
| Total members that voted No: 2 | Members that voted No are John Filion, Pam McConnell |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |