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To: From: Resource Staff: Date of Meeting: Subject: Executive Summary: City of Kingston Report to Council Report Number 14-183 Mayor and Members of Council Lanie Hurdle, Commissioner, Community Services Luke Follwell, Acting Director, Recreation and Leisure Services Portsmouth Olympic Harbour Amendment to Property Access The City currently has a lease with the Department of Fisheries and Oceans for a waterfront property at Portsmouth Olympic Harbour. A portion of the land is owned by Correctional Service Canada (CSC). The City was recently informed by CSC of its plans to fence the property around the Kingston Penitentiary. The installation of this fence will have an impact on operations of the Portsmouth Olympic Harbour marina and public access to Anne Milina Park. CSC has indicated that it is required to close the site to public access in order to address a contamination on site. It is unknown how long this process may take and when the public may be able to access the property again. City staff have been working with customers and stakeholders to find alternative arrangements that will minimize the impact on marina operations and events that take place at Portsmouth Olympic Harbour. Considering that the marina season is starting and that events will soon start to take place on the site, staff have to be able to respond quickly to make appropriate alternate arrangements to minimize impacts to the community. For this reason, staff is requesting delegated authority to proceed with some emergency purchases as well as review or enter into agreements with Correctional Service Canada or the Department of Fisheries and Oceans in order for matters such as parking or storage. Staff will report back to Council at the end of 2014 confirming use of delegated authority and expenses incurred as to respond to Federal restriction. This report is time sensitive due to marina season staring last week and pending agreements that need to be completed to enable access to additional parking and storage off site. Council Meeting 17 1

Recommendation: Page 2 of 4 That Council delegate authority to the Commissioner of Community Services or his/her delegates to purchase equipment, contract services, review and enter into agreements, to the satisfaction of the Director of Legal Services, in order to minimize impacts on operations and events at Portsmouth Olympic Harbour in 2014. Authorizing Signatures: Lanie Hurdle, Commissioner, Community Services Gerard Hunt, Chief Administrative Officer Consultation with the following Commissioners: Cynthia Beach, Corporate & Strategic Initiatives Denis Leger, Transportation, Facilities & Emergency Services Jim Keech, President and CEO, Utilities Kingston Council Meeting 17 2

Options/Discussion: Page 3 of 4 Correctional Service Canada (CSC) has recently erected a fence around the Kingston Penitentiary property which includes a parcel of land that the City currently leases from the Department of Fisheries and Oceans (DFO). This will have an impact on the operations of the Portsmouth Olympic Harbour (POH) marina and on special events taking place at this location. City staff have been in communication with boaters at POH, special events organizers, KEDCO and the Portsmouth Village Association. CSC also held a public meeting on April 25 th to respond to public questions and concerns. The fencing will have an impact on parking utilized by boaters and special event organizers; on cradle storage; on a number of boat slips located on the east side of the site; and on public access to Anne Milina Park. Staff are in the process of working on alternatives to provide additional parking and storage off site. Staff also had to proceed with the emergency purchase of an additional dock to accommodate boat slips that were being impacted. Work has been ongoing with boaters, event organizers and various Federal Departments to identify alternate solutions that will minimize impacts on operations and events. The following is the list of special events planned in 2014 at POH: 29er North American, Canadian, US and World Championships (July 20th to Aug 2nd) Canadian Bass Open (July 23 rd to July 26 th ) CORK optimist (Aug 7 th to Aug 10 th ) Poker Run Kingston (Aug 8 th to Aug 10 th ) Sail Canada Youth National Championship (Aug 10 th to Aug 14 th ) CORK ORC (Aug 15 th to Aug 20 th ) CORK Sea Cadet Regatta (Aug 21 st to Aug 22 nd ) Kids Perch Derby (Aug 30 th ) Fall Regatta (Sept 25 th to Sept 28 th ) In meetings with CSC, City staff did express concerns regarding the potential impact on special events and also a number of other operational matters which are listed below. Staff have been working on various options and agreements to mitigate these issues including the purchase of an additional dock and the associated water and electrical servicing to accommodate boat slips at a cost of approximately $200,000.00, which was not included in the capital budget. Other issues impacting marina operations: Loss of Dock access, impacting 44 boat slips Loss of parking on the east side of POH Relocate garbage enclosure Relocate storage containers (Fire Department and Sail Canada) Add new power connections for Fire Boat and Brigantine Maintain power to breakwall for lights Council Meeting 17 3

Page 4 of 4 Limited use of north east corner during CORK events (ramp/storage) Removal of accessible dock (to accommodate fire boat) In order to address some of these issues, staff will have to proceed with some emergency purchases and contracting as well as reviewing and entering into agreements with Federal Departments fairly quickly. In order to minimize impacts on the public and create delays, City staff is requesting delegated authority. Existing Policy/By Law: Purchasing By-Law Number 2000-134 Notice Provisions: Not applicable Accessibility Considerations: Not applicable Financial Considerations: The purchase of an additional dock, electrical and water servicing was approximately $200,000.00. This expense was not included in the capital budget. Other costs will be associated with required additional equipment and amenity relocation as well as additional operating costs. City staff will also be negotiating a different contribution ratio with the DFO when the lease agreement is updated to reflect the property area now accessible by the City. Contacts: Lanie Hurdle, Commissioner, Community Services 613-546-4291 extension 1231 Luke Follwell, Acting Director, Recreation and Leisure Services 613 546-4291 extension 1815 Other City of Kingston Staff Consulted: Alan McLeod, Senior Legal Counsel, Legal Services Department Exhibits Attached: Exhibit A - Portsmouth Olympic Harbour Site Map with Fencing Council Meeting 17 4

Exhibit A Council Meeting 17 5