Memorial Centre Agreement with Kingston and District Agricultural Society

[keoadmin]

The following motion will be considered by Kingston City Council at its meeting to be held on June 5, 2007.

-- Kingston Electors


Moved by Councillor MacLeod-Kane
Seconded by Deputy Mayor Garrison

WHEREAS in 1950 the Corporation of the City of Kingston entered into a contract with the Kingston and District Agricultural Society to facilitate the construction of the Kingston Community Memorial Centre (Memorial Centre);and,

WHEREAS the financial consideration from the Kingston and District Agricultural Society at the time would equate to $6.7 million today; and,

WHEREAS the City’s adherence to the terms of this contract have wavered over the intervening decades; and,

WHEREAS the City of Kingston wishes to continue to assert its support for this living memorial and those sailors, soldiers, airmen, and airwomen whom it was built to remind us of, including the ultimate sacrifice they made;

THEREFORE BE IT RESOLVED THAT City Council hereby direct the City’s staff to ensure that all future dealings with the Kingston and District Agricultural Society in relation to the Memorial Centre and its grounds be in keeping with both the letter, and the spirit, of the contract entered into in 1950;

- and further -

THAT staff is directed to draft a by-law, and present it to Council no later than the last Council meeting in July 2007, that will assert the City’s renewed participation in the Memorial Centre Board of Directors, in a form agreed to by the director of legal services, and the Kingston and District Agricultural Society. The same by-law shall dissolve the Kingston Community Memorial Centre Advisory Committee, and, if required, transfer the appointments of all or some of the community representatives from the advisory committee, to the new board of directors.

Letters received by City Council in support of this motion:

13-391 From Mr. P. Richard Moller, Chairman of the Kingston Community Centre Advisory Committee, encouraging
Council to adopt a motion directing staff to ensure that all future dealings with the Kingston and District
Agricultural Society in relation to the Memorial Centre and its grounds be in keeping a contract entered into in
1950, draft a by-law that will assert the City’s renewed participation in the Memorial Centre Board of Directors,
and dissolve the Advisory Committee.
(File No. CSU-R05-000-2007)

[Dogma]

WHEREAS in 1950 the Corporation of the City of Kingston entered into a contract with the Kingston and District Agricultural Society to facilitate the construction of the Kingston Community Memorial Centre (Memorial Centre);and,

WHEREAS the financial consideration from the Kingston and District Agricultural Society at the time would equate to $6.7 million today; and,


It would be prudent to know what the contract (if any) included:

What parties initiated and/or benefitted from the 50 + year agreement?

1) Term of Contract / 2007 City's Obligations - legal study
2) Maintenance Agreements - since 1950
3) Legal Responsibilities / Agricultural Fair, liabilities etc.
4) Exclusivities of Groups, City, Public
5) Tax Payer Obligations (short and long term)
6) City Pool, Hockey Hall of Fame properties
7) Revitalilization Status / Obligations / Plans / Costs
8) Board Members and Authority
9) Conflict of Interest issues (Member of Boards / City / Groups)
10) Amortization of funding calculations
11) Reasons/entitlement behind this Motion

[Florence]

The motion above is mean spirited and obscure. What on earth does it mean?

[Dogma]

I beleive (as you sense) - the Agricultural Society is pushing the envelope
to see if anyone blinks.



THEREFORE BE IT RESOLVED THAT City Council hereby direct the City’s staff to ensure that all future dealings with the Kingston and District Agricultural Society in relation to the Memorial Centre and its grounds be in keeping with both the letter, and the spirit, of the contract entered into in 1950;

[Dogma]

M Centre plans worry fair organizers

The Whig-Standard
Local News - Sunday, July 22, 2007 Updated @ 4:22:36 PM

The Whig-Standard


The Kingston & District Agricultural Society says the plans to revamp

the Memorial Centre need to be revamped themselves.

President Connie Selle said the if the concept plans were implemented,

they would seriously impact the fall fair. Removing the fence around the site and positioning the midway next to the barns were identified as problems.

“This just might kill it,” Selle said. “It would either kill the

agricultural society or the fair would change dramatically.”

She said the city needs to live up to its agreement with the society,

signed more than 50 years ago for use of the site, before it goes ahead

with any final plans.


Info:

- the proposal (is "estimated") @ 32 million with no final drawings or site plans even completed.
- let alone the undoubtable fight and suit from the society against "any changes" to their agreement!

Selle said before any changes to the site are made, council must work out the issue of whether the city has stood up to an agreement signed more than 50 years ago with the society for use of the site. A staff report last week stated the agreement allows the society to use the site for the fair.

The society played a role in securing approximately $300,000 in government grants for the site and added $10,000 from the sale of its old site. Today, the value of that would be about $2.8 million, according to the Bank of Canada's inflation calculator. (Maybe they want a return on investment?)


Notable: Design features...

- no floor space expansion for the so called "multipurpose facility" to handle capacity sized events.
- they also propose to use those dilapidated barns for exhibit space for exhibitors.
- the M Centre proposal would also be spending 1/3 of its budget on the facade on the north side of the building

[hddan]

Here we go again ... $32 million for the Memorial Centre site. Are we on a spending spree like a drunk sailor? Where is all of this money coming from? Donating to the Grand, (Springer) Market Square, LVEC and spending taxpayers money for this and the Multiplex, Lake Ontario Park, infrastructure, City Campus, etc.. I'm tired of fund raisers and can't afford to give any more.

Is any money left in the City coffers? Well it's time to raise the taxes. Make it good, say 10% or more please.

Let us think of the City as a business, spend it as we can afford it. Without getting into the debate of the LVEC / Multiplex (the deal is done) versus the M-centre, what should be done with this site?

A golden opportunity to revitalize this run down neighbourhood could happen. New housing, geared to income and market value, businesses. Jobs, income, property taxes would result with little infrastructure costs. By all means a park within the area SHOULD be built but not to the grandiose scale that has been proposed. Does the Memorial to our Soliders HAVE to be on that site? Could Lake Ontario Park be the new site to honour our Soliders? If you put the current proposed plan was on a referendum the taxpayers would definitely reject it. Instead a small group lead by a unique individual with dobious intentions are trying to sell this foolish idea.

The Agricultural Society and the 50 year old deal. They used $10,000 of their monies, give it back with interest. The $300,000 of grant money from the government (read - TAXPAYERS MONEY), belongs to us, not the Society. The thought of giving that money back is ludicrous. Help the society find a new home, that is the challenge. Kick in some money, hopefully under $500,000. If the society doesn't like it, let them sue the city. If they take action, deny them every permit needed now and forever, counter sue plus costs. I will gladly attend the Odessa fair instead.

I'm hoping that the spending spree will stop soon, I can't afford any more taxes. Although, I just have enough to donate to ANY group that will oppose this utterly irrational proposal.

[Dogma]

City eases fears; Fall fair won't suffer: committee

Jordan Press
Local News - Tuesday, July 24, 2007 @ 00:00

A city committee overseeing the revamping of the Memorial Centre site spent much of last night allaying fears that the concept plans for the area would kill the fall fair and the agricultural society.

The Memorial Centre revitalization advisory committee heard concerns about the size of the barns, the placing of items and worries about the impact on the fall fair for much of the nearly two-and-a-half hours spent on the subject. Many questions from concerned members of the public brought on bouts of confused looks from committee members.

"I'm just curious where all this misinformation is coming from," said committee member Mary Fleming.

"We've had a good news story turn into a bad news story because of misinformation." Councillor Steve Garrison, who chairs the committee, said he was surprised to hear the concerns given that they were never raised before.

"Unfortunately, this is the first we're hearing it," he said.

The committee accepted the concept plans and gave the approval to proceed to the next step in the process and to sit down with the Kingston & District Agricultural Society to work out concerns it has with the plans.

City staff will now start a review to see what can be done for what cost. The consultant estimated the cost at almost $32 million, but that didn't include extra costs such as taxes and design fees.

Director of culture and recreation Mark Fluhrer said city staff will bring back cost implications for councillors when council sits down for 2008 budget deliberations.

When society president Connie Selle spoke to the Whig-Standard over the weekend, she said the concept plans as-is would kill the fall fair and could do the same to the agricultural society.

Countryside Councillor Joyce MacLeod-Kane brought that same message to the committee last night along with her own concerns about the plans.

"There's no storage in there for the agricultural society," she said.

"It's obvious from the concept [plans] they're not being considered." Architect Bruce Downey, who worked on the concept plans, said the agricultural society was asked for input several times, including on the plans before they went to the committee.

He said the fence surrounding the site wouldn't come down until the issue of controlling access to the fair was taken care of. However, many are anxious to see parts of the fence come down to open up the site to area residents, Downey said.

Some in the crowd raised the concern that the barns were too close to the midway and the noise from the midway could impact animals such as cows in a negative way.

"I think that's something we're really going to need to look at," Garrison said.

Many in the crowd raised specific concerns about the site and what it will look like. However, those who worked on the plans said there was still much more work to do.

"There are many details that need to be worked on, but this isn't the time to do it," Downey said.

Fluhrer said to answer some of those questions, the revitalization process would have to move into the next phase. Besides a financial analysis, city staff will work on detailed designs for different parts the 23-acre site.

"What we're looking at right now is a concept," Fluhrer said. "There's still a lot of work to do." Committee members were also interested in having work start on the site soon.

Councillor Sara Meers said she wanted to see the cenotaph and memorial gardens start to grow on the York Street side of the Memorial Centre.

Councillor Ed Smith suggested city staff look into how much of the forested area planned for the perimeter of the site can start to be planted.

The city has set aside $150,000 in this year's capital budget for any work that can begin in 2007 on the site.

Fluhrer said the city is looking at adding an agricultural education centre.

The centre would give the agricultural society a year-round presence at the site, he said.

jpress@thewhig.com (jpress@thewhig.com)

Extreme makeover

What is proposed to happen at the Memorial Centre site:

The Memorial Centre: keeps its ice pad, but renovated to become a multi-purpose facility with an indoor track and meeting and activity rooms for user groups.

Leo Lafleur pool: to be demolished and a new, larger pool built in its place with an adjoining wading pool and shaded areas surrounding the pools.

Entrance: to be moved to southeast corner of site with a proposed tower on top of it. There will be a driveway leading up to the entrance with a cenotaph in the middle of the traffic circle.

York Street side: the lawn next to the new entrance would have a memorial garden and park. There would also be a playground near the International Hockey Hall of Fame. (The future of the hall itself is being determined, but the proposal envisions that it could become community space to house a day care.)

Barns: would be attached to the Memorial Centre and be an extension of the building. The barns could also be used as space for exhibitions during the year.

Multi-purpose hard court: would be in the southwest corner of the site, next to the barns, and could house a midway along Nelson Street. A second hard area would be on the east side of the site and be used for parking.

Off-leash dog park: would be along Nelson Street to the north of the hard surface area. Would have a different type of surface and enclosed for dogs

Toboggan hill: would be to the north of the dog area and along Nelson Street. Could be used in the winter for tobogganing as it would be higher than other areas of the park

Skateboard park: Would be in the northwest corner of the park and surrounded by trees to shield noise from area

Trees and path: would line the perimeter of the park along with a walking path. Each entrance to the site would have benches. One entrance would have a community garden by it.

Common area: a large grassy area would replace the track and baseball diamonds currently at the site.

[terry]

I beleive (as you sense) - the Agricultural Society is pushing the envelope
to see if anyone blinks.

It is my understanding the agriculteral society bought and paid for this 23 acre piece of land.
It is my understanding the agriculteral society built the entire Memorial centre with no money from the city of Kingston, paid for it with their money and the help of some government grant.
It is my understanding the agriculteral society bought and paid for the cost of the entire fence and gates at the centre.
It is my understandind the agricultural society built and paid for with their own money, along with moving several barns from their present location at their own expense.
Now could anyone give me the answers by means of proof, such as internet findings,library,Queens archives or some direction.
Where can one see a copy of the 1950 agreement/act - help-thankyou

[keoadmin]

Ownership of the Memorial Centre property was transferred from the Kingston and District Agricultural Society to the Corporation of the City of Kingston as part of the agreement to develop the property in 1950. The Society and the City of Kingston signed an operating agreement with respect to the continuing uses of the property at that time. There is no term on this agreement.

Copies of the agreement and supporting documents are available from the City Clerk for inspection.

-- Kingston Electors

[terry]

Well I no the deal now. Today I received copies and documents a foot high in regards to this whole deal.
I now have a copy of the March 18th 1950 agreement.
I also have the April 11th 1950 amendment by-law no. 754/765 copy of the agreement.
I have a copy of the deed as to actually owns the property as of today
with the amount it was sold for, the transaction date and the reason of sale, along with the survey of property, the reference plan #, copies of mortgages holders on said property in the past. This property was first purchased from the Crown by Rev. W. Herchmer in 1841 as a parcel of land with 180 acres, the property was then broke up into well over 100 parts to include the Palace Road former fair property. The section where the memorial centre sits has been sold 5 times with the last sale being July 5th 1897