Item - 2017.MM34.25

Tracking Status

  • City Council adopted this item on November 7, 2017 without amendments.

MM34.25 - 50-60 Marmora Street - Ontario Municipal Board Hearing - by Councillor Giorgio Mammoliti, seconded by Councillor Mark Grimes

Decision Type:
ACTION
Status:
Adopted
Ward:
7 - York West

City Council Decision

City Council on November 7, 8 and 9, 2017, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 7, 2017) from the City Solicitor.

 

2.  City Council authorize the public release of:

 

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (November 7, 2017) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (November 7, 2017) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege; and

 

b.  Confidential Attachment 2 to the report (November 7, 2017) from the City Solicitor.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (November 7, 2017) were adopted by City Council and are now public, as follows:

 

1. City Council accept the without prejudice Settlement Offer dated November 6, 2017 as set out in Confidential Attachment 2 to the report (November 7, 2017) from the City Solicitor.

 

2. City Council authorize the City Solicitor and appropriate City Staff to attend at the

Ontario Municipal Board hearing on this matter in support of the Settlement Offer dated

November 6, 2017 as set out in Confidential Attachment 2 to the report (November 7, 2017) from the City Solicitor.

 

The balance of Confidential Attachment 1 to the report (November 7, 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 that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (November 7, 2017) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

Confidential Attachment 2 to the report (November 7, 2017) from the City Solicitor is now public and can be accessed under Background Information (City Council).

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

Member Motion MM34.25
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-108823.pdf
(November 7, 2017) Report from the City Solicitor on 50-60 Marmora Street - Minor Variance Application
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-108840.pdf
Confidential Attachment 1
Confidential Attachment 2 - made public on November 17,2017
https://www.toronto.ca/legdocs/mmis/2017/mm/bgrd/backgroundfile-108843.pdf

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Giorgio Mammoliti (Carried)

That Councillor Giorgio Mammoliti be permitted to add to the agenda of today's meeting an urgent Motion without Notice concerning:
 

50-60 Marmora Street – Ontario Municipal Board Hearing 

  

Reason for Urgency:

 

This Motion is urgent because the hearing for this matter is scheduled to commence on November 7, 2017 and the City Solicitor requires further direction on how to proceed at that hearing.


Motion to Adopt Item (Carried)

Vote (Adopt Item) Nov-07-2017 5:36 PM

Result: Carried Majority Required - MM34.25 - Adopt the item
Total members that voted Yes: 37 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Giorgio Mammoliti, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Shelley Carroll, Josh Matlow
Total members that were Absent: 6 Members that were absent are Paul Ainslie, Joe Cressy, Michelle Holland, Mike Layton, Denzil Minnan-Wong, Michael Thompson

Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he wished for guidance on how and when City Council could deal with urgent Motion MM34.25.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti could move the Motion now.

Source: Toronto City Clerk at www.toronto.ca/council