Item - 2017.CC26.7

Tracking Status

  • City Council adopted this item on March 9, 2017 with amendments.

CC26.7 - 260 Gamble Avenue - Request for Directions Regarding Ontario Municipal Board Hearing

Decision Type:
ACTION
Status:
Amended
Ward:
29 - Toronto-Danforth

City Council Decision

City Council on March 9, 2017, adopted the following:

 

1. City Council amend condition 1 in Appendix A, the With Prejudice Settlement Offer letter (February 28, 2017) from Aird & Berlis so that it now reads as follows:

 

1. prior to the issuance of the building permit, Akelius Canada Ltd. shall provide a construction management plan to the satisfaction of the General Manager, Engineering and Construction Services, in consultation with the local Ward Councillor, the goal of which is to minimize construction impacts on the residents of 260 Gamble Avenue.

 

2.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor as amended by Part 1 above.

 

3. City Council direct that the confidential recommendations contained in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor, as amended, be made public and City Council direct that the balance of Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor remain confidential at the discretion of the City Solicitor.

 

The following confidential recommendations contained in Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor were adopted by City Council, as amended, and are now public:

 

1.  City Council accept the with prejudice settlement offer (the "Offer") as set out in Appendix A, as amended, to the report (March 1, 2017) from the City Solicitor .

 

2.  City Council authorize the City Solicitor and appropriate City Staff to enter into minutes of settlement and attend at the Ontario Municipal Board hearing of this matter in support of the settlement referenced in Part 1 above.

 

The balance of  Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor remains confidential at this time 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 it contains information regarding potential litigation.  The balance of  Confidential Attachment 1 to the report (March 1, 2017) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation

Background Information (City Council)

(March 1, 2017) Report from the City Solicitor on 260 Gamble Avenue - Request for Directions Regarding Ontario Municipal Board Hearing and Appendix A - with Prejudice Settlement Offer letter from Aird & Berlis (CC26.7)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-101622.pdf
Confidential Attachment 1

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mary Fragedakis (Carried)

That City Council amend condition 1 in Appendix A, the With Prejudice Settlement Offer letter (February 28, 2017) from Aird & Berlis, by adding the words "in consultation with the local Ward Councillor" so that condition 1 now reads as follows:

 

1. prior to the issuance of the building permit, Akelius Canada Ltd. shall provide a construction management plan to the satisfaction of the General Manager, Engineering and Construction Services, in consultation with the local Ward Councillor, the goal of which is to minimize construction impacts on the residents of 260 Gamble Avenue.

Vote (Amend Item) Mar-09-2017 9:55 AM

Result: Carried Majority Required - CC26.7 - Fragedakis - motion 1
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are John Campbell, Mark Grimes, Jim Karygiannis, Norman Kelly, Ron Moeser, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council