Item - 2014.CC50.6

Tracking Status

  • City Council adopted this item on April 1, 2014 with amendments.

CC50.6 - 17 Island Road - Ontario Municipal Board Hearing - Request for Direction Report

Decision Type:
ACTION
Status:
Amended
Ward:
44 - Scarborough East

City Council Decision

City Council on April 1, 2 and 3, 2014, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1 to the report (March 31, 2014) from the City Solicitor.

 

2.         City Council authorize the public release of the confidential instructions to staff in Attachment 1 to the report (March 31, 2014) from the City Solicitor, with the balance to remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

 

The following instructions in Confidential Attachment 1 to the report (March 31, 2014) from the City Solicitor were adopted by City Council and are now public:

 

1.                City Council authorize the City Solicitor to attend at the Ontario Municipal Board, and not oppose the proposed development, provided that it is substantially in accordance with the development proposal recommended by the Director, Community Planning, Scarborough District, as outlined in the report (August 21, 2013) from the Director, Community Planning, Scarborough District, and provided that a voluntary Section 37 contribution for parkland improvements and streetscape improvements is secured to the satisfaction of the City Solicitor and the local Ward Councillor.

 

The balance of Confidential Attachment 1 to the report (March 31, 2014) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor client privilege and information regarding pending litigation before the Ontario Municipal Board.

Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and advice that is subject to solicitor client privilege

Background Information (City Council)

(March 31, 2014) Report from the City Solicitor on Request for Direction for OMB Hearing - 17 Island Road (CC50.6a)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-68138.pdf
(March 24, 2014) Report from the City Solicitor on 17 Island Road - Ontario Municipal Board Hearing Request for Direction Report - Notice of Pending Report (CC50.6)
https://www.toronto.ca/legdocs/mmis/2014/cc/bgrd/backgroundfile-67913.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Ron Moeser (Carried)

That City Council adopt the following recommendations contained in the supplementary report (March 31, 2014) from the City Solicitor [CC50.6a]:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1; and

 

2.         City Council authorize the public release of the confidential instructions to staff in Attachment 1, if adopted, with the remainder to remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

Vote (Adopt Item as Amended) Apr-01-2014 2:09 PM

Result: Carried Majority Required - CC50.6 - Moeser - motion 1 - Adopt the item as amended
Total members that voted Yes: 29 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 16 Members that were absent are Paul Ainslie, Ana Bail„o, Josh Colle, Vincent Crisanti, Paula Fletcher, Doug Ford, Mark Grimes, Chin Lee, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, John Parker, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Source: Toronto City Clerk at www.toronto.ca/council