Item - 2017.EX27.7

Tracking Status

  • City Council adopted this item on October 2, 2017 with amendments.
  • This item was considered by Executive Committee on September 26, 2017 and was adopted with amendments. It will be considered by City Council on October 2, 2017.

EX27.7 - Canadian National Exhibition Association (CNEA) Permit for West Channel Water Shows

Decision Type:
ACTION
Status:
Amended
Wards:
14 - Parkdale-High Park, 19 - Trinity-Spadina

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:  

 

1,  City Council direct the General Manager, Parks, Forestry and Recreation to issue a license agreement to Canadian National Exhibition Association and permits to other users, for use of the West Channel waterway based on the following hours in Attachment 1 to the supplementary report (October 2, 2017) from the General Manager, Parks, Forestry and Recreation and review the needs of stakeholders annually, and City Council direct that no other motor use of the West Channel waterway be allowed as the noted schedule exceeds the Council directed limit of 10 days:

 

Week/Date

Permit / Licensed Times

Activity

Weekend before CNE - CNEA Use

9:00 A.M – 12:00 A.M.

Installation of docks, ramps and jumps.

Weekend before CNE - Other Users

All day

Available for Permits and public and clubs recreational use outside docks set up area

4 weekdays before CNE Opens - CNEA Use

8:00 A.M. - 6:30 P.M.

9:00 P.M. - 12:00 A.M.

Boat show rehearsals.

 

4 weekdays before CNE Opens - Other Users

6:30 P.M.- 9:00 P.M.

Public and clubs recreational use

Opening Friday of CNE - CNEA Use

8:00 A.M. - 3:15 P.M.

Boat show rehearsals.

During CNE -CNEA Use

3:15 P.M - 6:45 P.M.

9:00 P.M - 12:00 A.M.

CNE Boat Shows.

CNE Night Programming.

6:45 - 9:00 gap for public recreational use.

During CNE - Argonauts Use

8:00 A.M. - 3:00 P.M.

Daily Camps

During CNE -

Hogtown Heats Regatta

One Sunday in August during CNE

7:00 A.M. – 3:30 P.M.

Argonaut Rowing Club Hogtown Heats Regatta

CNE Move out and Dragon Boat Challenge Set Up (Day after CNE closes)

All day

Available for public use recreational use outside set up areas

Week after CNE

All day

Available for Permits and public and clubs recreational use

Weekend after CNE

Dragon Boat Challenge

6:00 A.M. – 11:00 P.M.

Dragon Boat Challenge Permitted Use

 

2.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (September 5, 2017) from the Deputy City Manager, Cluster A and the City Solicitor remain confidential in its entirety as it relates to the receiving of advice that is subject to solicitor-client privilege.

 

Confidential Attachment 1 to the report (September 5, 2017) from the Deputy City Manager, Cluster A and the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the receiving of advice that is subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(September 5, 2017) Report from the Deputy City Manager, Cluster A and the City Solicitor on Canadian National Exhibition Association (CNEA) Permit for West Channel Water Shows
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-106748.pdf
Confidential Attachment 1

Background Information (City Council)

(October 2, 2017) Supplementary report from the General Manager, Parks, Forestry and Recreation on Use of West Channel Watercourse - Stakeholder Meeting Results (EX27.7a)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-107587.pdf

Communications (Committee)

(September 25, 2017) Letter from Judy Sutcliffe, Secretary, West End Beaches Stakeholders Association (EX.Supp.EX27.7.1)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-72062.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Mike Layton (Carried)

That City Council adopt the following recommendation contained in the supplementary report (October 2, 2017) from the General Manager, Parks, Forestry and Recreation [EX27.7a]:

 

City Council delete Executive Committee recommendations 1, 2 and 3, and adopt instead the following:

 

1. City Council direct the General Manager, Parks, Forestry and Recreation to issue a license agreement to CNEA and permits to other users, for use of the West Channel waterway based on the hours attached and review the needs of stakeholders annually, and that no other motor use of the West Channel waterway be allowed as the above noted schedule exceeds the Council directed limit of 10 days.


Motion to Adopt Item as Amended (Carried)

EX27.7 - Canadian National Exhibition Association (CNEA) Permit for West Channel Water Shows

Decision Type:
ACTION
Status:
Amended
Wards:
14 - Parkdale-High Park, 19 - Trinity-Spadina

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Committee Recommendations

The Executive Committee recommends that:  

 

1.  City Council exempt the Canadian National Exhibition Association ("CNEA") from the Council policy in Item 2014.PE28.1, adopted at its meeting of July 2014, restricting the number of motor-boat towed competitions and events within the West Channel to a combined total maximum of 10 days per calendar year and that the CNEA use not be counted for the purposes of determining total maximum use under the policy.
 

2.  City Council direct the General Manager, Parks, Forestry and Recreation to negotiate and enter into a licence agreement with the Canadian National Exhibition Association (CNEA) for the remainder of the term and on the same renewal terms as the Amended and Restated Master Agreement among the CNEA, Exhibition Place and the City, at a nominal fee, to allow the CNEA to stage water sports and events, including motorboat towed competitions and events, for the duration of the Canadian National Exhibition (CNE) each year, plus a reasonable period of time for set up and tear-down, on terms and conditions satisfactory to the General Manager, Parks, Forestry and Recreation and in a form satisfactory to the City Solicitor.

 

3. City Council request the Canadian National Exhibition Association to meet annually with the General Manager, Parks, Forestry and Recreation in order to consult with impacted water course users on the planned use of the West Channel.

 

4.  City Council direct that the confidential information contained in Confidential Attachment 1 to the report (September 5, 2017) from the Deputy City Manager, Cluster A and the City Solicitor remain confidential in its entirety, as it relates to the receiving of advice that is subject to solicitor-client privilege.

Decision Advice and Other Information

The Executive Committee:

 

1.  Directed the General Manager, Parks, Forestry and Recreation to meet with the Canadian National Exhibition Association, Exhibition Place and appropriate stakeholders to determine if there is alternative resolution and report directly to City Council on October 2, 2017.

Origin

(September 5, 2017) Report from the Deputy City Manager, Cluster A and the City Solicitor

Summary

This report provides information on the Acting City Manager's decision and legal rationale to issue a one-time permit to the Canadian National Exhibition Association ("CNEA") for a period of 28 days from August 9 to September 5, 2017 including a 10-day set up and tear down period at the Marilyn Bell Park Watercourse ("West Channel"). This is 18 days in excess of the Council direction to restrict the hosting of motorboat-towed competitions and events within the West Channel to a combined total maximum of 10 days per calendar year.

Background Information

(September 5, 2017) Report from the Deputy City Manager, Cluster A and the City Solicitor on Canadian National Exhibition Association (CNEA) Permit for West Channel Water Shows
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-106748.pdf
Confidential Attachment 1

Communications

(September 25, 2017) Letter from Judy Sutcliffe, Secretary, West End Beaches Stakeholders Association (EX.Supp.EX27.7.1)
https://www.toronto.ca/legdocs/mmis/2017/ex/comm/communicationfile-72062.pdf

Speakers

Judy Sutcliffe, Secretary, West End Beaches Stakeholders Association (WEBSA)
Councillor Gord Perks
Councillor Mike Layton

Motions

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That recommendation 1 be deleted and the following recommendations be adopted:

 

That:

 

1.  City Council exempt the Canadian National Exhibition Association ("CNEA") from the Council policy in Item 2014.PE28.1 adopted at its meeting of July 2014, restricting the number of motor-boat towed competitions and events within the West Channel to a combined total maximum of 10 days per calendar year and that the CNEA use not be counted for the purposes of determining total maximum use under the policy.
 

2.  City Council direct the General Manager, Parks, Forestry and Recreation to negotiate and enter into a licence agreement with the Canadian National Exhibition Association for the remainder of the term and on the same renewal terms as the Amended and Restated Master Agreement among the CNEA, Exhibition Place and the City, at a nominal fee, to allow the CNEA to stage water sports and events, including motorboat towed competitions and events, for the duration of the CNE each year, plus a reasonable period of time for set up and tear-down, on terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

 

3. City Council request the Canadian National Exhibition Association to meet annually with the General Manager, Parks, Forestry and Recreation in order to consult with impacted water course users on the planned use of the West Channel.

 

4. Executive Committee direct the General Manager, Parks Forestry and Recreation to meet with the Canadian National Exhibition Association, Exhibition Place and appropriate stakeholders to determine if there is alternative resolution and report directly to City Council on October 2, 2017.


2 - Motion to Adopt Item as Amended moved by Mayor John Tory (Carried)
Source: Toronto City Clerk at www.toronto.ca/council