Item - 2013.GM24.4

Tracking Status

  • City Council adopted this item on October 8, 2013 with amendments.
  • This item was considered by Government Management Committee on September 9, 2013 and was adopted with amendments. It will be considered by City Council on October 8, 2013.

GM24.4 - Captain Johnís Harbour Boat Restaurant

Decision Type:
ACTION
Status:
Amended
Ward:
28 - Toronto Centre-Rosedale

City Council Decision

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1 to the report (August 22, 2013) from the Treasurer and the City Solicitor.

 

2.         City Council direct that Confidential Attachment 1 to the report (August 22, 2013) from the Treasurer and the City Solicitor remain confidential as it contains advice and information that is subject to solicitor client privilege and pertains to litigation or potential litigation. City Council authorize the public release of all or a portion of the adopted confidential instructions at the discretion of the City Solicitor.

 

3.         City Council request the City Manager and Waterfront Toronto to find a way to recognize the contribution of Captain John's to waterfront revitalization through an appropriate historic plaque in consultation with the local Councillor.

 

Confidential Attachment 1 to the report (August 22, 2013) from the Treasurer and the City Solicitor remains confidential at this time in accordance with the City of Toronto Act, 2006 as it contains information that is subject to solicitor client privilege and it pertains to litigation or potential litigation. All or a portion of the confidential instructions adopted by City Council will be made public at the discretion of the City Solicitor.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on October 9, 2013, to consider confidential information on this Item as it relates to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation that affects the City.  City Council subsequently did not consider this Item in the October 9, 2013 closed session.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City

Background Information (Committee)

(August 22, 2013) Report from the Treasurer and the City Solicitor on Captain John's Harbour Boat Restaurant
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-61023.pdf
(August 22, 2013) Confidential Attachment 1 - Captain John's Harbour Boat Restaurant

Background Information (City Council)

(October 1, 2013) Supplementary report from the Treasurer and the City Solicitor on the Summary of Arrears for Captain John's Harbour Boat Restaurant (GM24.4a)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-62183.pdf

Communications (City Council)

(October 4, 2013) Letter from John Letnik, Captain John's Harbour Boat Restaurant and Banquet Facility (CC.Supp.GM24.4.1)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-40263.pdf

Motions (City Council)

Report of Committee of the Whole

October 9, 2013 at 7:51 p.m - Speaker Speaker Nunziata advised that City Council did not consider Item GM24.4 in the closed session.


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

That:

 

1.         City Council request the City Manager and Waterfront Toronto to find a way to recognize the contribution of Captain John's to waterfront revitalization through an appropriate historic plaque in consultation with the local Councillor.

Vote (Amend Item (Additional)) Oct-11-2013 4:14 PM

Result: Carried Majority Required - GM24.4 - Mihevc - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, 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: 11 Members that were absent are Josh Colle, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mark Grimes, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, John Parker, James Pasternak, David Shiner

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Oct-11-2013 4:15 PM

Result: Carried Majority Required - GM24.4 - Adopt the item as amended
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Peter Leon, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 3 Members that voted No are Josh Matlow, Joe Mihevc, Kristyn Wong-Tam
Total members that were Absent: 11 Members that were absent are Josh Colle, Glenn De Baeremaeker, Sarah Doucette, John Filion, Mark Grimes, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, John Parker, James Pasternak, David Shiner

GM24.4 - Captain Johnís Harbour Boat Restaurant

Decision Type:
ACTION
Status:
Amended
Ward:
28 - Toronto Centre-Rosedale

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation that affects the City

Committee Recommendations

The Government Management Committee recommends that:

 

1.         City Council adopt the confidential instructions to staff in Attachment 1 to the report (August 22, 2013) from the Treasurer and the City Solicitor.

 

2.         City Council direct that Confidential Attachment 1 to the report (August 22, 2013) from the Treasurer and the City Solicitor remain confidential as it contains advice and information that is subject to solicitor client privilege and pertains to litigation or potential litigation.  City Council authorize the public release of all or a portion of the confidential instructions once adopted by City Council at the discretion of the City Solicitor.

Decision Advice and Other Information

The Government Management Committee requested the Treasurer and the City Solicitor to submit a report directly to City Council on whether or not the Toronto Port Authority arrears and the Waterfront Toronto arrears can be made public.

Origin

(August 22, 2013) Report from the Treasurer and the City Solicitor

Summary

Captain John's Harbour Boat Restaurant is a floating restaurant on the Ship M.S. Jadran that has occupied a water lot at the foot of Yonge Street at 1 Queens Quay West for more than 30 years.  The water lot is owned by the Toronto Port Authority and is licensed to the owner of Captain John's.  Property taxes, including unpaid water/utility charges, interest and fees added to the tax account have been in arrears since 2002.  Similarly, various amounts are owed by Captain John's to the Toronto Port Authority and to Waterfront Toronto. 

 

This report provides details on the current unpaid property taxes, water charges, interest and fees and the status of discussions with the Ship’s owner.  The confidential portion of this report includes recommendations concerning a proposed agreement dealing with the Ship between the City, the Toronto Port Authority and Waterfront Toronto.

Background Information

(August 22, 2013) Report from the Treasurer and the City Solicitor on Captain John's Harbour Boat Restaurant
https://www.toronto.ca/legdocs/mmis/2013/gm/bgrd/backgroundfile-61023.pdf
(August 22, 2013) Confidential Attachment 1 - Captain John's Harbour Boat Restaurant

Speakers

John Letnik, President, Captain John's Harbour Boat Restaurant
Chris Korwin-Kuczynski, representing Captain John's Harbour Boat Restaurant
John Erb, Magic Santa
Councillor Paula Fletcher

Motions

1 - Motion to Adopt Item moved by Councillor Pam McConnell (Carried)

2 - Motion to Amend Item (Additional) moved by Councillor Pam McConnell (Carried)

That the Government Management Committee request the Treasurer and the City Solicitor to submit a report directly to City Council on whether or not the Toronto Port Authority arrears and the Waterfront Toronto arrears can be made public.


3 - Motion to Adopt Item as Amended moved by Councillor Pam McConnell (Carried)
Source: Toronto City Clerk at www.toronto.ca/council