TO: Chair and Members Engineering and Public Works Committee
FROM: Kevin Austin, P.Eng. Manager of Contract and Engineering Services
DATE: May 25, 2007
SUBJECT: Use of Port Carling Docks for Water Ski Exhibitions
REPORT No.: PW-7-2007-10 ______
RECOMMENDATION
THAT Summer Water Sports Inc. be advised that public access to the Port Carling Locks and public docks cannot be obstructed or impeded by its proposed weekly water ski exhibitions in the Indian River between the Port Carling Locks and Lake Rosseau.
ORIGIN
For the past few summers, Summer Water Sports Inc. (SWS) has been conducting a water skiing exhibition on Bala Bay, adjacent Windsor Park. This year the company wishes to expand its operations to Port Carling. SWS proposes to hold the exhibition in the wide part of the Indian River above the Port Carling Locks, downstream from Lake Rosseau. A copy of a letter from SWS outlining this proposal is attached as Appendix “A”.
ANALYSIS
SWS proposes to conduct ten weekly shows on Monday nights, beginning June 25 and ending August 27. To this end, SWS has approached the Township of Muskoka Lakes and the Township’s Parks and Recreation Committee has passed a resolution stating that it has no objection, provided that SWS meets the requirements of all regulating agencies.
In the second paragraph of the letter contained in Appendix “A”, SWS writes:
“We would like to make a formal proposal to use the docks at the Locks Park in Port Carling during the water ski show. With the support of “The Boatworks” and full use of their facilities and docks, we would be asking the District to allow us to have the spectators sit on and park their boats on the docks. Also People may want to watch from the island park.”
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Managing Our Legacy Together
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The public has the right to access these docks similar to the right to travel on a public highway. Obstruction of these docks by an individual or organization is an impingement on those rights.
SWS have indicated that it has been in discussions with both the Ontario Provincial Police (OPP) and the Canadian Coast Guard (Department of Fisheries and Oceans). However, the sergeant of the Bracebridge OPP detachment has confirmed that a “No Water Skiing” zone exists on the Indian River from the buoys in Lake Rosseau to the buoys in Mirror Lake and that break-away speed for a skier would require the watercraft to exceed the speed limit. The OPP does not have jurisdiction to grant permission to relax these rules. The Parry Sound base for the Coast Guard has received no official correspondence or communication in this regard. Muskoka has no jurisdiction whatsoever in this regard to either amend or enforce the regulations.
Muskoka has received calls and emails from residents who have property in this area registering their objection to the SWS proposal, copies of which are included in Appendix “B”.
In summary, many of the authorizations required by SWS to be able to proceed are outside of Muskoka’s jurisdiction. Therefore, it is entirely possible that the requirements of other authorities will have a greater impact than those of Muskoka. However, in view of the possible interference with access to the public docks on Muskoka’s property, it is recommended that SWS be advised that any such interference arising from its proposal cannot be permitted.
Respectfully submitted,
Kevin Austin, P.Eng. Manager of Contract and Engineering Services
Encl. Appendix “A”
n Summer Water Sports Inc.
Water Ski Schools and Shows!
May 23rd, 2007
District ofMuskoka
Attn: Kevin Austin and Tony White
For over eleven years now SWS has provided quality instruction and family entertainment for the residents and visitors of Muskoka. Our weekly shows have become a staple of many family Muskoka vacations, a tradition comparable to the Regatta or Antique Boat Show. SWS has taken in excess of 1.3 million people water skiing and performed over 600 professional water ski and stunt shows for countless spectators.
For the summer of 2007 we would like to propose a new Monday evening ski show inPort Carling, on Lake Rosseau starting June 25” and running till August 27” for a total of 10 Monday nights. We would like to make a formal proposal to use the docks at the Locks Park in Port Carling during the water ski show. With the support of “The Boatworks” and full use of their facilities and docks, we would be asking the District to allow us to have the spectators sit on and park their boats on the docks. Also People may want to watch from the island park.
We propose the show to take place in front of the main docks and “The Boat Works”. This will keep the waterway open for anyone trying to use the small locks or Port Carling. We will mark a pathway with bouys so people will still be able to enter and leave Port Carling during the show by boat.
A typical ski show lasts for about 45 minutes on the water skiing. The skiing will take place in front ofBoat Works and the District docks, which is outlined in the attached picture. This will allow people to still access the small lock and docks during the show and also proved a safe and enjoyable viewing area for spectators. During the ski show we have always have a safety boat on the water that can help direct boats around the site. We also have an announcer who will be able to address the crow and boats to where they should be parking. We typical arrive at the show site at 6:30 PM for set up. The skiing starts at 7:30 and is done around 8:15. We do not leave until we have cleaned up all of our equipment and done a sweep of the area making sure that all the garbage left by the spectators is disposed ofproperly which is around 9:00pm as we do so at all of show sites.
Summer Water Sports Inc. 33 Harbour Square, Suite 1237 Toronto, Ont. M5J 2G2 I-888-I-SKI-SWS. [email protected] www.summerwatersports.com There is ample boat and car parking on both sides ofPort Carling to accommodate the people attending the show and also peopling coming to Port Carling for other reasons. We will have staff help direct people where to park their vehicles.
Mayor Pryke and the Muskoka Lakes Town Council, and Parks and Recreation committee have passed resolutions showing their support for the show as well as many cottagers and business in the Port Carling area have written letters in support of the show.
Our established Tuesday night show site at Windsor Park in Bala allows local businesses to benefit from the audiences who attend. A ski show in Port Carling would bring economic and social benefits to the local community. Families look for dinner, ice cream or shopping to complement the show. We can think of no other weekly Muskoka event that creates such a community gathering. The goal of an SWS ski show is to offer an evening family entertainment.
This is a new decade for SWS, with new leadership. As the new owners of SWS we bring a renewed energy and commitment to SWS. It is our sincere hope, that with your support SWS can bring a ski show to Port Carling.
Should you have any further questions, comments, or concerns please contact us at your convenience.
Sincerely ,
Geordie Newlands and Cam Dempster Summer Water Sports
Summer Water Sports Inc. 33 Harbour Square, Suite 1237 Toronto, Ont. M5J 2G2 1-888-I-SKI-SWS. [email protected] www.summerwatersports.com P n,
I Page 1 of 1
Austin, Kevin
From: Geordie [[email protected]] Sent: Wednesday, May 23,2007 2:52 PM To: Austin, Kevin Cc: White, Tony Subject: RE: Use of Docks at Port Carling Locks.
Hi Kevin, Please find attached a letter outlining our proposal for the Monday Night Ski Show in Port Carling. Please let me know if you have any more question. We have also been speaking with the OPP and Coat Guard and they will grant us a special permit allowing us to ski in the river.
Thank you,
Geordie Newlands
Summer Water Sports
416-562-3494 1-888-I-SKI-SWS wwwammewaterspo&&com
From: Austin, Kevin [mailto:[email protected]] Sent: May 23, 2007 9: 11 AM To: [email protected] Cc: White, Tony Subject: Use of Docks at Port Carling Locks.
Geordie:
Pursuant to our telephone conversation this morning, please provide Muskoka with a formal request and details of your proposal for use of the docks at Locks Park in Port Carling to conduct a water skiing show. Please also include the dates, times, details of provisions for maintaining existing marine traffic, parking for both automobiles and watercraft, pedestrian access, etc..
Thank you.
Kevin Austin, P.Eng. Manager of Contract and Engineering Services District Municipality of Muskoka 70 Pine Street Bracebridge, Ontario PIL 1N3 (705) 645-6764 (800) 281-3483
5/25/2007 COMMISSIONER OF PUBLIC WORKS. RE. PORT CARLING ... Appendix "B"
MAY 1 7 2007 Subject: COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING WATER SKISHOW ftood7 Fromd-'! Date: Wed, 16 May 2007 16: 19:22 EDT To: [email protected]
District ofMuskoka, Commissioner ofPublic Works, Administrative Offices, 70 Pine Street, Bracebridge, Ontario, P1L OAl
Attn. Mr. Tony White,
Dear Mr. White,
It has come to my attention that a company named Summer Water Sports (SWS) has made a proposal to the Township ofMuskoka Lakes, Parks and Recreation Department to present a water ski show. This show would take place Monday nights, during July and August 2007, hmthe boat docks in the bay on the north side ofthelocks on the Indian River at Port Carling. This is the second time this company has made such aproposal and it was turned down by the Township ofMuskoka Lakes council in 2006.
This proposal would require closure ofboth the small and large locks and evacuation ofall the docks ofwatercraft on that side of thelocks during setup, presentation and take down of the show.
It my understanding that Federal regulations prohibit water skiing on any part ofthe Indian River with the exception ofa portion known as MhrLake south ofthe locks.
Ihave been advised by my councilor and Deputy Mayor, Stewart Martin, who is also our representative to the district council, that the Township ofMwkoka Lakes has no jurisdiction over the locks and docks in Port Carling thereforeIam writing you to advise you ofmy opposition to and concerns about this type ofevent in this small bay, surrounded by private residences, on the Indian River system.
WATER QUALITY
As a 30 year resident at this location on this bay across fiom the locks and docks inPort CarlingI have seen a dramatic deterioration ofwater quality.
No longer isriver water drinkable but the turbidity, caused by the itlcreasad numbers offast, high powered watercraft makes it difficult to even filter river water for non potable use. TheIndian River was above acceptable turbidity limits in the 2006 MLA water study. Myself and most ofthe residents on Stephen Road do not have the availability and luxury ofaccess to municipal water consequently our only alternative is to use river water for bathing and other household chores.
It is a known fact that motorized watercraft release high amounts oftoxic chemicals such as
5117DOOI 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...
hydrocarbons and nitrogen oxide into the air and outboard engines contribute unacceptable levels of unhealthy benzene, methyl tertiary-butyl ether and other toxic chemicals into the water. We do not need more watercraft, breaking speed limits, racing around this small bay emitting more unhealthy pollutants to residents on this site and those down river on Lakes Muskoka and Huron.
NOISE
Noise pollution fiom outboards and other types ofspecding watercraft are now a concern and irritant to residents on the confines ofthis bay and the Indian River. This speeding represents the lack of respect some people have for apersons right to be able to enjoy their own part ofMuskoka. This show also displays this same lack ofrespect.
It is time for township councils, cottagers and cottage associations to give some honest thought as to why people own cottages. Isit for an attempt to get back to nature, peace and recuperation hmurban noise, pollution, crowding and stress- or isit for sitting and watching noxious noisy machines running around in circles and denying people safe swimming aud canoeing or just enjoying their small piece of Muskoka in the company of family, fiiends and neighbors?
SHORELINES
Not only isincreased wave activity from watercraft disturbing the habitat ofnative waterfowl during their nesting season but italso contributes to excessive degradation ofthe shoreline requiring constant attention and expensive repair for the cottager. This type ofwater show in this small area will only make these problems worse.
EXCESSIVE DAMAGE TO BOATHOUSES AND DOCKS
Excessive wave action contributes to the rapid deterioration ofresidents docks and boathouse cribbing. Ihave recently spent considerable bds, as many other property owners have done to theirs, refbrbishing the exterior,decks and cribbing ofmy historic log boathouse on this bay.
This structure has been part ofthe vista from the Port Carling docks and locks for over 70 years.Ifelt it was important to save it rather than remove it and replace it with a nondescript and out ofcharacter building. Iwanted this building to stand for another 70 plus years and remain as a unique part ofthe Muskoka and Port Carling experience.
DAMAGE TO WATERCRAFT
Wave action, especially in confined areas such as ariver or small bay makes moored boats subject to unnecessary damage .This type ofactivity fbm unnecessary boat traffic caused by fast boats and illegal water skiing will only contribute to this problem. Not only will this type ofpresentation increase this probability but what mayIask should those propem owners do with their boats if they are tied up at their dock?Ihave this problem now withmy boat in a boathouse.
PUBLIC DOCKS AND LOCKS
Boaters wishing to use the municipal public lacking system will be denied passage to this bay from Steamboat Bay if the locks arc not operating while water skiers am racing in fkont ofthe public town
UI 70007 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...
docks. Where will boaters wishing to go to the theater, dinner or ferry visitors to their cottage find safe dockage to do this?
Will people who live on islands or Lake Rosseau and must make an emergency trip to Port Carling by boat be able to meet an ambulance on the municipal public dock for a trip to Bracebridge Hospital while a water ski show is on?
PUBLIC DOCKS, LOCKS ARE FOR THE TAXPAYING PUBLIC TO USE AND THEIR USE SHOULD NOT
BE DETERMINED BY A COMMERCIAL WATER SKISHOW!
SOME QUESTXONS WHICH SHOULD BE ASKED AND ANSWERED
Will the producer ofthis event be paying any fees to the district for the privilege ofusing our public docks which have been partly paid for by tax dollars fiom the constituent's on this bay, river and lakes?
Will the producer compensate the district for loss ofrevenue while thelocks are down and for payment ofthe lock masters salary?
Would the district, township or the producer be responsible for liability insurance for injury to audience, participants or damage to private property by this event?
If some resident requires use ofpublic docks, during the staging of this event, for an emergency evacuation from an island to a hospital, and expires because he or she isdenied immediate acCess to an awaiting ambulance who would be responsible? The producer or the township/district for supporting and authorizing this event?
Who is responsible for cleaning up the site? The producer or district? And what is the time fiame for this exercise?
Will the OPP agree to fkcup the Marine Unit officers to exclusivelypolice this event and what happens if there is an emergency call for them to attend? Does that stop the show?
How many locations on our lakes has this type ofproduction been presented over the past 5-6 years and why is it necessary to move this year?
Is this type ofproduction, if supported by our township, out ofstep with today's ecological realities? This does not even support the Muskoka water strategy "to minimize the impact ofhuman activities on water resources ".
In closingI would like to bring to your attention some quotes made by the municipality and contained on their web site.
"WE ARE NOT A COUNCIL FOR SOME OF THE PEOPLE, WE ARE A COUNCIL OF ALL OF THE PEOPLE "
5i1712007 9:02 AM COMMISSIONER OF PUBLIC WORKS. RE: PORT CARLING ...
"OUR VISION -- TO CONTINUE TO BE A PLACE WHERE THE WORLD WANTS TO LIVE" @ "THROUGH STRONG BELIEF IN COMMUNITY WHILE EMBRACING ECONOMIC ENHANCEMENT AND GROWTH OPPORTUNRIES THAT RESPECT THE ENVIRONMENT, CONTRIBUTE TO A YEAR ROUND SUSTAINABLE ECONOMY AND ENHANCE THE QUALITY OF LIFE FOR ALL CITIZENS ".
All the residents ofour world famous cottage country should evaluate the real purpose ofahutill natural environment. Isee no reason why a few people should be allowed to spoil the enjoyment ofthe majority who seek some peace and tranquility.
It is absurd that the most popular-and ironically, expensive lakes ofcottage country have some of the same pollution problems as those communities ofsouthern Ontario.
Ihope by rejecting this application for a water ski show in Port Carling our elected representatives can demonstrate to their constituents their commitment, in their first year in office, to support and achieve these goals.
Sincerely,
PORT CARLING.,
ONTARIO.
5/17/2007 902 AM Tony White Commissioner of Public Works District of Muskoka
I understand that the local council for Muskoka Lakes is planning to move forward with the proposal of having a water ski show in the front of the township docks in Port Carling. Iam strongly opposed to this idea and suggest that it is the wrong location to stage this event.
I am an elected member on the Board of Directors for a condominium that is located a few hundred feet from these township docks. Our own docks include a floating finger dock system, and the wave action from the ski boats moving past our location will cause damage to both the docks and the boats located in our complex.
We have recently spent a considerable amount of money to replace a part of our fixed main dock and have to replace the remainder of the main dock in the near future. To have this destroyed by excessive wave action is unacceptable. There are reasons why fast boating and water skiing is not allowed on these rivers, and the potential damage to property is one of these reasons. Water skiing in this location might be in direct conflict with the Canada Shipping Act.
One of the major problems that we have in Muskoka is that of deteriorating water quality. High powered boats racing around in this small location will introduce additional pollution to an already fragile water system. We need to protect our water supply and not destroy it for the sake of a limited commercial venture.
Another factor to be considered is the noise pollution that will be created by this show. The noise from outboards and other types of watercraft will be a problem to the quiet enjoyment of our property. I assume that there might also be a public address system which will add to the situation.
The proposed location at the township docks is a part of a very busy waterway through the three major lakes in Muskoka. There is a great deal of boat traffic from people on vacation, people going to and from work, barge activity, and large tour boats traveling this route during the summer months. This throughway should not be restricted in any way by a water ski show.
In closing, I would like to state again that I am opposed to the idea of a water ski show in this location. If the insist on having a water ski show, then it should be in an appropriate location. I find it interesting that people who don’t actually live in this small section of the river, both citizens and politicians, are all for having the show. thank you, Page 1 of2
Austin, Kevin
1 From:- ( Sent: Friday, May 25, 2007 524 PM To: [email protected]; Childerhose, Randy; Martin, Stewart Cc: Transport Canada Mike Taber Subject: Port Carling Ski show
Dear Mr. White, Mr. Childerhose, and Mr. Martin, My husband andIobject to a water ski show on Port Carling Bay or on the Indian River north or south. Our family has been located on the Indian River since 1888 and have experienced many changes, not all for the better. A water ski show would be notfor the better and the following are my reasons why.
l WATER QUALITY - we take our drinking water from the river. The increase in boat traffic would notbe a benefit to the quality of the water.
0 NOISE - boat noise has increased over the years and we do not want more noise interrupting our peace and quiet which is why we retired toMuskoka.
0 SHORELINES - the increase wave activity erodes the shoreline and disturbs thehabitat of native waterfowl. l DOCKS and BOATHOUSES - additional wave action contributes to their deterioration.
0 WATERCRAFT - the increase wave action puts an additional stress on the moorings ofboats and the possibility of damage to boats and docks.
0 PUBLIC RESPONSIBILITY - how will the residents, permanent or summer, be protected? The Indian River and Port Carling Bay are also ahiahwag for emergency vehicles, people wanting to go to dinner or the theatre or take a walk on the Island or in Port Carling plus anyone wanting touse the Locks. Would you hold race or similar event on Hwy. 118?
Your rejection of a water ski show in this area would be greatly appreciated.
PS - Below are some question sent by-and we would also like toknow the answers to his questions. Thank you.
Will the producer ofthis event be paying any fees to the district for the privilege ofusing our public docks which have been partly paid for by tax dollars from the constituent's on this bay, river and lakes?
Will the producer compensate the district for loss ofrevenue while the locks are down and for payment ofthe lock masters salary?
Would the district, township or the producer be responsible for liability insurance for injury to audience, participants or damage to private property by this event?
If some resident requires use ofpublic docks, during the staging ofthis event, for an emergency evacuation from an
5/28/2007 Page 2 of2 island to a hospital, and expires because he or she is denied immediate access to an awaiting ambulance who would be responsible? The producer or the township/district for supporting and authorizing this event? 4,. . t Who is responsible for cleaning up the site? The producer orxhdistrict? And what is the time frame for this exercise?
Will the OPP agree to free up the Marine Unit officers to exclusively police this event and what happens if there is an emergency call for them to attend? Does that stop the show?
How many locations on our lakes has this type ofproduction been presented over the past 5-6 years and why isit necessary to move this year?
Isthis type ofproduction, if supported by our township, out of step with today's ecological realities? This does not even support the Muskoka water strategy "to minimize the impact ofhuman activities on water resources ".
5/28/2007 To: RelayFax via port COM5 From: 705 765 6755 5/23/2007 9:35:40 AM (Page 2 of 6)
705 7656755 TOWNSHIP OF MUSK0 00:42:37 p.m. 05-22-2007 2 16
Appendix 'I CI'
THE CORPORATION OF THE TOWNSHIP OF MUSKOKACAKES
DATE: April 25,2007 RESOLUTlONNlJMDER PRC-L -w/o4/r)7
MOVED 0k
SECONDED BY:
BE IT RESOLVED THAT: the Parlcs and that the Township of Muskoka Lakes has weekly waterski show In the lndlan River, ma propanents meet ail the requirements of regula as owner of Island Parkand the n .
COUNCJLLOR HARE MAYOR PRYKE VlCE CHAIR D" CWR WALLACE
TOTAU Appendi.x "D"