Item - 2018.GM26.14

Tracking Status

  • City Council adopted this item on April 24, 2018 with amendments.
  • This item was considered by the Government Management Committee on April 3, 2018 and adopted without amendment. It will be considered by City Council on April 24, 2018.

GM26.14 - Addressing Harbourfront Centre's Outstanding Property Taxes and Rent Arrears

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

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

 

1.  City Council recognize that significant rent arrears owed to Real Estate Services by Harbourfront Centre for 318 Queens Quay West are unrecoverable and City Council authorize the Treasurer to write off $964,335.37 once the General Manager, Economic Development and Culture and the Chief Financial Officer have received Harbourfront Centre's new business plan for the organization and determined the plan to be satisfactory.

 

2.  City Council approve payment of a one-time grant to Harbourfront Centre in the amount of approximately $427,286 (such amount to be calculated to be equivalent to the property taxes, interest, penalty and fees that have or will accumulate on the accounts pending the finalization of the process, net of the eligible and late charitable rebate applications), with such grant amount to be funded from the City's 2018 Non-program Tax Deficiency Account, subject to the following conditions:

 

a.  City Council authorize the acceptance of Harbourfront Centre's late applications for the charitable rebate program for 2014 and 2015, so that the approved rebate amounts can be applied to reduce the outstanding taxes and associated grant required;

 

b.  Harbourfront Centre be required to apply for the charitable rebate for 2017 and prior years, to allow the City to determine the grant issued above, net of the rebate;

 

c.  the one-time grant amount be applied directly to the property tax account to offset property taxes payable;

 

d.  Harbourfront Centre agree to pay in full property taxes for 2018 and future years as a condition of ongoing operating grants; and

 

e.  Harbourfront Centre, as a condition of future City support, be required to submit by the fourth quarter 2018 to Economic Development and Culture, a business plan demonstrating long term financial viability including an ability to pay all current year and future property taxes and debts to the City of Toronto.

 

3.  City Council deem the grant referred to in Part 2 above to be in the interests of the City.

Background Information (Committee)

(March 16, 2018) Report from the Treasurer and the General Manager, Economic Development and Culture on Addressing Harbourfront Centre's Outstanding Property Taxes and Rent Arrears
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-113212.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Joe Cressy (Carried)

That City Council amend Government Management Committee Recommendation 1 by adding the words "once the General Manager, Economic Development and Culture and the Chief Financial Officer have received Harbourfront Centre's new business plan for the organization and determined the plan to be satisfactory" so that it now reads as follows:

 

1.  City Council recognize that significant rent arrears owed to Real Estate Services by Harbourfront Centre (HC) for 318 Queens Quay West are unrecoverable and authorize the Treasurer to write off $964,335.37 once the General Manager, Economic Development and Culture and the Chief Financial Officer have received Harbourfront Centre's new business plan for the organization and determined the plan to be satisfactory.

Vote (Amend Item) Apr-25-2018 6:33 PM

Result: Carried Majority Required - GM26.14 - Cressy - motion 1
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Michael Ford, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, Michael Thompson, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 15 Members that were absent are Maria Augimeri, Josh Colle, Gary Crawford, Justin J. Di Ciano, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, Jaye Robinson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-25-2018 6:34 PM

Result: Carried Majority Required - GM26.14 - Adopt the item as amended
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Ana Bailão, Jon Burnside, John Campbell, Christin Carmichael Greb, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Jim Hart, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, David Shiner, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Michael Ford, Stephen Holyday
Total members that were Absent: 14 Members that were absent are Maria Augimeri, Josh Colle, Gary Crawford, Justin J. Di Ciano, Mary Fragedakis, Mark Grimes, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson

GM26.14 - Addressing Harbourfront Centre's Outstanding Property Taxes and Rent Arrears

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

Committee Recommendations

The Government Management Committee recommends that:

 

1.  City Council recognise that significant rent arrears owed to Real Estate Services by Harbourfront Centre (HC) for 318 Queens Quay West are unrecoverable and authorize the Treasurer to write off $964,335.37.

 

2.  City Council approve payment of a one-time grant to Harbourfront Centre in the amount of approximately $427,286 (such amount to be calculated to be equivalent to the property taxes, interest, penalty and fees that have or will accumulate on the accounts pending the finalization of the process, net of the eligible and late charitable rebate applications), with such grant amount to be funded from the City's 2018 Non-program Tax Deficiency Account, subject to the following conditions:

 

a.  City Council authorize the acceptance of Harbourfront Centre's late applications for the charitable rebate program for 2014 and 2015, so that the approved rebate amounts can be applied to reduce the outstanding taxes and associated grant required;

 

b.  Harbourfront Centre be required to apply for the charitable rebate for 2017 and prior years, to allow the City to determine the grant issued above, net of the rebate;

 

c.  the one-time grant amount be applied directly to the property tax account to offset property taxes payable;

 

d.  Harbourfront Centre agree to pay in full property taxes for 2018 and future years as a condition of ongoing operating grants; and

 

e.  Harbourfront Centre be required, as a condition of future City support, to submit by the fourth quarter 2018 to the City of Toronto, Economic Development and Culture Division, a business plan demonstrating long term financial viability including an ability to pay all current year and future property taxes and debts to the City.

 

3.  City Council deem the grant referred to in Recommendation 2 above to be in the interests of the City.

Origin

(March 16, 2018) Report from the Treasurer and the General Manager, Economic Development and Culture

Summary

Harbourfront Centre is a major cultural facility in Toronto, located on a large site on the city's central waterfront. It holds a 99 year lease from the City of Toronto on property formerly owned by the federal government. Harbourfront Centre (HC) requires the support of all three orders of government for its programming and operations. In 2017, the City struck a Harbourfront Centre Working Group (HCWG) to determine how to better support the operations and future viability of Harbourfront Centre, to streamline its agreements and funding arrangements with the City, and to coordinate intergovernmental approaches to public funding.

 

The HCWG has worked with Harbourfront Centre to resolve a variety of issues, including outstanding payments owed to the City of Toronto, in order to strengthen HC's financial position and operational sustainability. This report recommends that the City relieve Harbourfront Centre of approximately $1.392 million in debt owed to the City of Toronto, accumulated in part due to reassessment of the taxability of its leased parking lot properties with no offsetting increases in public funding. It is recommended that this relief be provided through a combination of a write-off of rent arrears and a proposal to Council of a one-time grant to HC to address unpaid property taxes. It further recommends that HC submit a business plan to the General Manager of Economic Development and Culture demonstrating long-term financial viability including an ability to pay all current year and future property taxes and debts to the City. Economic Development and Culture will assume the role of the City's main liaison with Harbourfront Centre and will also work with funders from the other orders of government.

Background Information

(March 16, 2018) Report from the Treasurer and the General Manager, Economic Development and Culture on Addressing Harbourfront Centre's Outstanding Property Taxes and Rent Arrears
https://www.toronto.ca/legdocs/mmis/2018/gm/bgrd/backgroundfile-113212.pdf

Motions

Motion to Adopt Item moved by Councillor Lucy Troisi (Carried)
Source: Toronto City Clerk at www.toronto.ca/council