Item - 2011.MM5.9

Tracking Status

  • City Council adopted this item on March 8, 2011 without amendments.

MM5.9 - 621 King Street West - Review of OMB Decision - by Councillor Adam Vaughan, seconded by Councillor Peter Milczyn

Decision Type:
ACTION
Status:
Adopted
Ward:
20 - Trinity-Spadina

City Council Decision

City Council on March 8 and 9, 2011, adopted the following:

 

1.         City Council adopt the recommendations set out in Confidential Attachment 1 to the report (March 4, 2011) from the City Solicitor.

 

2.         City Council authorize the public release of Confidential Recommendation 1 in Atachment 1 if adopted by Council.

 

Recommendation 1 in Confidential Attachment 1 to the report (March 4, 2011) from the City Solicitor adopted by Council is now public:

 

1.         The motion for leave to appeal to the Divisional Court from the Ontario Municipal Board (OMB) Decision of February 16, 2011 respecting 621 King Street West be confirmed and the City Solicitor be instructed to proceed with the motion for leave to appeal and with the appeal if leave is granted by the court.

 

The balance of Confidential Attachment 1 to the report (March 4, 2011) from the City Solicitor, remains confidential, in accordance with the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (City Council)

Member Motion MM5.9
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-36485.pdf
(March 4, 2011) Report from City Solicitor
https://www.toronto.ca/legdocs/mmis/2011/mm/bgrd/backgroundfile-36440.pdf
(March 4, 2011) Confidential Attachment 1 to the report from the City Solicitor

Motions (City Council)

1 - Motion to Waive Notice (Lost)

Speaker Nunziata advised Council that the necessary provisions of Chapter 27, Council Procedures, need to be waived to permit introduction of Motion MM5.9.  A two‑thirds vote of the Council Members present is required to waive notice.

Vote (Waive Notice) Mar-09-2011 2:33 PM

Result: Lost Two-Thirds Required - MM5.9 - waive notice
Total members that voted Yes: 18 Members that voted Yes are Shelley Carroll, Josh Colle, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, James Pasternak, Gord Perks, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 19 Members that voted No are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Gary Crawford, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Giorgio Mammoliti, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Karen Stintz, Michael Thompson
Total members that were Absent: 8 Members that were absent are Maria Augimeri, Raymond Cho, John Filion, Mike Layton, Ron Moeser, Anthony Perruzza, Jaye Robinson, David Shiner

2 - Motion to Reconsider Item moved by Councillor Denzil Minnan-Wong (Carried)

That City Council reconsider Member Motion MM5.9.

Vote (Reconsider Item) Mar-09-2011 3:01 PM

Result: Carried Two-Thirds Required - MM5.9 - reconsider Item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, 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: 8 Members that were absent are Maria Augimeri, Raymond Cho, John Filion, Mark Grimes, Mike Layton, Ron Moeser, Jaye Robinson, David Shiner

3 - Motion to Adopt Item (Carried)

Vote (Adopt Item) Mar-09-2011 3:02 PM

Result: Carried Majority Required - MM5.9 - adopt the Item
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, 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: 8 Members that were absent are Maria Augimeri, Raymond Cho, John Filion, Mark Grimes, Mike Layton, Ron Moeser, Jaye Robinson, David Shiner
Source: Toronto City Clerk at www.toronto.ca/council