HomeMy WebLinkAboutWD-45-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File /-0,
Date: MAY 4, 1992 Res. #
Report#:--N-D-45-92 File #: _RC_- 31- Q2 By-Law By-Law
Subject: CONCERNS RAISED BY MICHAEL HACKENBERGER WITH RESPECT
TO THE EXPROPRIATION PROCEEDINGS FOR MEARNS AVENUE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-45-92 be received; and
2 . THAT the appropriate Town Staff, including the Town's
Solicitor, be authorized to resume negotiations with the
owners of the Bowmanville Zoo to deal with the Zoo's
acquisition and fencing concerns detailed in correspondence
dated April 27, 1992, from the Bowmanville Zoo to Town
Council; and
3. THAT a copy of Report WD-45-92 be forwarded to the Bowmanville
Zoo.
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REPORT
1.0 ATTACHMENTS
No. 1: Correspondence dated April 27, 1992, from the
Bowmanville Zoological Park Ltd. to Town Council.
2.0 BACKGROUND
2 . 1 At a meeting held on Monday, April 27, 1992, Council passed
Resolution C-219-92 :
. . . /2
REPORT NO. : WD-45-92 PAGE 2
THAT the concerns raised by Michael
Hackenberger with respect to the expropriation
proceedings on Mearns Avenue, be referred to
staff and the Town's legal advisor for review
and recommendation of appropriate action to
address the concerns; and
THAT a report be submitted to the next General
Purpose and Administration Committee meeting
which is scheduled to be held on May 4, 1992 .
3.0 REVIEW AND COMMENT
3 . 1 At a meeting held with the Chief Administrative Officer, the
Director of Community Services, the Town's Solicitor and the
Director of Public Works, it was agreed that we should
recommend to Council that, in view of the correspondence from
the owners of the Bowmanville Zoo, dated April 27, 1992,
negotiations should be resumed with the appropriate staff and
the owners of the Bowmanville Zoo to see if an agreement can
be reached which is mutually satisfactory regarding their
acquisition and fencing concerns .
3 .2 A subsequent report will be prepared and submitted to the
General Purpose and Administration Committee.
Respectfully submitted, Recommended for presentation
to the Committee,
E
t
Walter A. Evans, P.Eng. , Lawrence E. Kovs ff,
Director of Public Works Chief Administ a�tive Officer
WAE:ph
April 28, 1992
i
pc: Bowmanville Zoo
340 King Street East
Bowmanville, Ontario
L1C 3K5
Attention: Michael Hackenberger
1008
BOWMANVILLE
ZOO
April 27 , 1992
Town Council
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3AG
Dear Members of the Newcastle Town Council ,
Bowmanville Zoological Park Ltd. was distressed and dismay.ed by
the cover story which appeared in the April 5th edition of the
Canadian Statesman. Even recognizing how a story can be
misinterpreted, the direct quotes which were attributed to council
members and city employees are false and misleading.
The zoo appeared before the previous council , on March 25, 1991 ,
expressing our concerns for the future of the zoo and the
attendant developpmental risk which we fealt the facility was
expossed to. The council accepted our submission and informed us
that they would be getting back to us . They never did. Thus Mayor
Hamre ' s quote in the paper , of the former council having spent
"considerable time" on the issues brought forth by the zoo, in our
opinion, is invalid.
Further the article states that Schickedanz Brothers Ltd. is
responsible for obtaining an easement from the zoo. This is
untrue, as in the subdivision agreement , on page 38 (Appendix A) ,
it states that "the owner (Schickedanz) agrees to provide a letter
of credit in the amount of $100 ,000 for the cost of acquiring the
said easement , etc . " Schickedanz and the zoo have negotiated in
good faith, however we have been unable to come to terms . The town
is aware of this impass . As a result , given the content of the
subdivision agreement , the responsibility would become the towns .
There seems to be a sense of confusion surrounding all the zoo ' s
concerns . By way of clarrification they are;
ATTACHMENT NO. 1
009 REPORT WD-45-92
340 King Street East • Bowmanville Ontario • Canada • L 1 C 3K5
(.4 16) 6?3 SF SS • (41(;) A?? ? Of,71 . ?A hrc a (41(,) 17 7h 1 4?R - Fav
1
i ) Increase run off from the dev elopements north of the zoo ,
which have significantly increased flow levels and
contributed to very significant erosion problems in the zoo .
This spring 9 mature trees were killed due to the excessive
spring run off , caused by the increased developement
(Appendix B) .
ii ) The widening of highway #2 has a number of negative impacts
upon the operation of this faciit,y. The noise and
disturbance of the construction, could prove very deleterious
to the animals at the zoo . Given that a large number of
the animal species are endangered , they are protected by the
Endangered Species Act . It was in an attempt to minimize the
disturbance to the animals that the fence was propossed and
accepted by both zoo and the town. In no way was it ever
on the bargaining table in reference to any other of the
zoo ' s concerns .
iii ) The town requires property owned by the zoo for the widening
of Mearns Avenue so that it can properly service the
developement to the north. The negotiation of the town and
the zoo has a stormy history in this matter . On very short
notification, Walter Evans strongly pressured the
zoo president , Alex Nagy to sell the required lands for
$5, 000 . This value is well below what the zoo feels it
is worth. Further , appraisals have been unsuccessful
in they establish financial precedents which are not in
keeping with adjacent property values .
One fact which should be addressed, is that surely this
point should have been dealt with prior to the initiation
of the developemnt to the north. Mearns Avenue has been
a very substandard road for a number of years and for the
town to have not addressed this issue prior to allowing
the developement is highly irresponsible.
iv) In the Veltri developement , immediatl .y to the north of the
zoo a parket was installed directly beside the zoo and the
Soper Creek. Originally the developement plan had called
for the parket to be located in the middle of the
developement . Some how it was moved. By doing this ,
a childrens focal point was located directly beside
a stream and zoo.
To any casual observer such a placement is tantemount to
criminal negligence , especially in light of the fact that
no fence exists to seperate the children from the stream or
zoo property. We had a meeting with Mr . Caruana of your
staff to asses the problem. In spite of early assurances
on his part , in over a year since the meeting, we have
not heard from him.
I
1010
The zoo has placed up signs and patrols this area. However ,
with the increased population north of the zoo , the
situation has become untenable , with signs being ripped
down and youths hanging out in the area , an arrangement
for securing this area must be reached.
These then are the 4 current concerns of the zoo . We feel it is
necessary to inform you the council of these , as the information
provided to you by the employees of the town has been skewed and
inaccurate .
Rather than the town going to the expense of the expropriation
process , which according to our legal sources could run to over
$100 , 000 if the case were to go to the supreme court , it would be
our suggestion that a committee be established , composed of
council members , town employees and zoo representatives . In this
way communication could be more easily implarriented and a plan
which favours the town. zoo and all the members of the community
could be developed.
The town of Newcastle has made a point of supporting local
business in these difficult times . Unfortunately we have found
this stated position at odds with the contact which we have had
with the town. Over the course of our dealings with the town, we
have never recieved any acknowledgement regarding correspondance
which we have sent to them. Most pointedly, regarding the parcel
of land which the town proposses to expropriate , the zoo has never
recieved an official offer to purchase.
By way of closing we would like to point out to the council that
the Bowmanville Zoo is Canada ' s oldest operating zoo and
Bowmanville ' s oldest business . We are recognized by the United
Nations as a repository for " the earths dwindling genetic
resources" . Within The Central Ontario Travel Association we are
one of the top attraction destinations in their region . As a local
business , we inject over three quarters of a million dollars
annually into our community. Please find accompanying this letter ,
thoughts concerning the Bowmanville Zoo (Appendix C) . They
represent both local and national perceptions .
We strongly wish to work with the town in these matters . We await
your reply and make ourselves available at you convenience to
resolve our mutual concerns . With thanks for your consideration of
this brief , We remain,
I
Your Obedient Servant
I
Bowmanville Zoological Park Ltd.
i
i
APPENDIX A
.vedule "G" - 2 -
2.1 STORngATER MANAGEMENT WORKS AND APPURTENANCES
The Owner shall construct, install, supervise and maintain all the Stormwater
Management Works specified in the "Master Drainage Plan and Report for the West
Branch of the Soper Creek" prepared by the Proctor and Redfern Group.
These works include but are not necessarily limited to the construction of the
Stormwater Detention Facility, replacement of the existing culvert beneath Mearns
Avenue on the West Branch of the Soper Creek if required by the supplementary
engineering report, rechannel ization, erosion protection and flood proofing of the
West Branch of the Soper Creek, originating at the storm sewer outfall from the said
lands southerly to the main branch of the Soper Creek. These "Works" shall comply
with the provisions of the Proctor and Redfern Report but would be subject to any
additional contingency items deemed necessary by the Director of Public Works.
The Owner agrees to submit an engineering report supplementary to the Proctor and
Redfern Report detailing all the conceptual Stormwater Management Works and
addressing all engineering aspects for construction and implementation of these
"Works", to the satisfaction of the Director of Public Works.
The Owner agrees to produce all necessary engineering drawings and obtain all
approvals for the construction and implementation of the Stormwater Management Works
to the satisfaction of the Director of Public Works.
The Owner agrees to obtain any lands or easements associated with the construction,
implementation and maintenance of the Stomiwater Management Works and at no expense
to the Town of Newcastle provided that the parties acknowledge that the Owner may not
be able to purchase an easement for stormwater drainage and stream improvments from
the owners of the lands designated as Part 9 on Marshall, Macklin, Monaghan drawing
No. 20-89-068. The Owner agrees to provide the Town with a Letter of Credit in the
amount of $90,000.00 for the cost of aquiring the said easement and' a Letter of
Credit in the amount of $75,000.00 for the cost of installing an enclosed stormwater
drainage system through the said Part 9 if the owner of said Part 9 lands obtains
approval to construct an enclosed stormwater drainage system from the Corporation of
The Town of Newcastle, The Central Lake Ontario Conservation Authority, The Ministry of
Natural Resources and the Regional Municipality of Durham. The Owner agrees to provide
the Town with a further Letter of Credit in the amount of $15,000.00 for the cost of
installing an enclosed stormwater drainage system through Part 10 on the said Plan only
if an enclosed drainage system is installed through the said Part 9.
on Marshall, Macklin Monaghan drawing No.20-89-068. The owner agrees tc provide
the Town with a Letter of Credit in the amount of $100,000,00 for the cost of acquiring
the said easement and constructing the works as required by the Master Drainage Plan
and Report for the West Branch of the Soper Creek. All of the said Letters of Credit
will be released by the Town to the Owner upon Issuance of the Certificate of Acceptance-
It is acknowledged by the parties that the above referenced easements form part of the
Stormwater Management works and that the Owners's engineer will prepare a "Cost
Sharing Report for the Stormwater Management Works for the West Branch of the
Soper Creek" as outlined in Schedule ''P" of this agreement, "Stormwater Management works."
The Owner shall be responsible financially or otherwise to comply with any applicable
provisions of the Master Drainage Plan and Report for the West Branch of the Soper
Creek as deemed necessary by the Director of Public Works.
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APPENDIX C
April 24 , 1992
The Corporation of the
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Sirs :
Re: Bowmanville Zoo
We are writing on behalf of the Bowmanville Zoo to provide our support
as part of the business community of the Town of Bowmanville. We
would very much like to feel that the Town also supports the zoo
and appreciates this tourist attraction in our town.
The zoo has been a valued customer of our firm for many years and
has always conducted itself in a good and businesslike manner.
I have personally lived in this town all my life and I feel that
the zoo is a wonderful attraction for Bowmanville. Many people
that I have come in contact with over the years have been to the
zoo at one time or another, and I feel it is a great asset to the
Town. I would like to see all of the local businesses support the
ZOO. I also feel that the maintenance and quality at the zoo has
improved over the years and I am proud to recommend the zoo to friends
and relatives visiting Bowmanville.
Yours very truly,
McGREGOR'S HOME HARDWARE
Per:
I
Rick .Vanderkooi
Manager
I J
McGregor's Home Hardware, 95 King Street West, Bowmanville, Ontario L 1 C 1 R2
Tel, (416) 623-2542 Fax (416) 623-0793
CO�Op
DURHAM FARMERS' COUNTY CO-OP
TAUNTON ROAD& HWY. 115, BOX 178.ORONO,ONTARIO LOB 1M0
TOLL FREE AREA(416)ONLY 1-800 263.7805 (416)983-9134
April 27, 1992
To Whom It May Concern:
Bowmanville Zoological Park Ltd. is a valued customer of Durham Farmers'
County Co-op.
We are pleased to supply the Zoo with many of its specialty feed require-
ments as well as an assortment of other products.
Bowmanville Zoological Park Ltd. have always paid their account in a
timely and co-operative manner.
The Zoo is a welcome integral part of our business community attracting
much needed tourist dollars.
Bowmnnville Zoological Park Ltd, is an asset to be cherished and pro-
moted. We hope they will remain part of our community.
Yours Sincerely,
Wayne E. King,
General Manager.
V
-EB 06 '92 10:50 klWF' C:AH 4.16 489 3611
4
I �
W.WF World Wildlife Fund Canada
Fonds Mondial pour.la Nature
90 Eglinton Avenue E.,Suite 504
Toronto,Ontario M411 2Z7
• . . . _ 7etephone:(at6)a69-6800
Facsimile;(416)489-3611
TO whma It klay Concern
ire: Bowmanville Zoo Bleiphant Show
Without* hesitation,- I recommend the Bowmanville Zoo' s Elephant
Show to. you..
Michael Hackenberger, the person. who designed the show and who
makes it work, has a deep concern for .the conservation of
elephants in the wild. So much• so that, in his own right,
Michael -has contributed important research on the biology of
elephants which maybe important to the survival of this
species in the wild.
Michael' s show emphasizes behaviours and physical
characteristics which make the elephant one of the most
fascinating of all wild animals, And his care and. treatment of
the elephants is above reproach,
Using wildlife in. captivity to underscore the plight of wild
species is important to World Wildlife Fund. Many people will.
only experience the thrill of encountering an elephant by
visiting a zoo. It is vital to us then that, where possible,
animals in captivity -are used to -help arouse concern and then
action for wild animals around the world.
The Bowmanville zoo Elephant Show accomplishes this goal. it
is a great show which, a these shows must do, both entertain,
and informs ,
If you have any gtiestionse please don't hesitate to contact
me, '
i
Sincerely;
David Love
Executive Vice president .
. I
i
aEIS1 NEWCASTLE LUMBER LTD .
`AMBER P.O.BOX 20069 • NEWCASTLE POSTAL OUTLET
NEWCASTLE,ONTARIO L1B 1M3 (416)987-4234 Fax(416)987-1252
April 27, 1992
The Corporation of the
Town of Newcastle
40 Temperance Street
BOwmanvil1e, Ontario
LIC_.. 3Ah
Deal.' "J.rs.
We are writing on behalf of the Bowma-nvill.e Zoo to provide
Our 8LIPport as part of the business conutiunity of the Village of
Newcastle . We consider the Zoo as not only a. valued client. but
alsS7 .iii asset to the Town of Newcastle . The Zoo provides a
destination for local residents and tourists.
NEWCASTLE LUMBER LIMITED
HOME HARDWARF BUILDING CENTRE
Per �� r
.j M C:/V
i
' 1
IMM
C N RVATI
February 7, 1.992
T__�0� �V�IOZVi IT MAY
ON ,F N
Re: Elephant Conservation The Bowmauv_ille Zoo
I am writing to command and support the fine eff(irus of tl,H
BOwmanviile Zoo to promote the conservation of the elApliant as a species.
African Wildlife Conservation Fund ("AWC.F) is a Canadian charit.nhin
organization dedicated to the preservation and protection of endangered African
wildlife. Among other things, AWCF organizes educational seminars and programs
to promote the knowledge of the general public, and, iti particular, children, about
endangered African animals.
It has been our distinct pleasure to work with the Bowman Ville,Zoo
and its elephants in a number of awareness-raising and educational programs,
including the recent Elephant Walk and Encounter in Jude, .1.991., Such programs
have involved direct interaction between the public and the animals in which people,
including children, have had an opportunity to touch, feed, and otherwise observe
close-hand a varie ty elephant of ele behaviours.
P On all of these occasions, the contact
between the people and the animals has resulted in a highly educational and
enjoyable event which was highly praised by the participants, other con.servatiot,
organizations and local media,
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As a conservation organization, we recognize the significant
contribution which the captive breeding program of the Bowmanville Zoo is making
towards the preservation of the elephant as a species and the integrity with which
the program is operated. Moreover, we commend the tremet)(Iotis contribution
which the Dowmanville Zoo is making towards conservation through its efforts b,
instill awareness and conservation values in the minds of peoplo in a mn.tiner Owl
is engaging to all age groups.
We would be pleased to discuss the foregoing at any time.
Yours very truly,
Patricia A, Kovid,
President
African Wildlife (.1onservation Fund
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Partner
Tory Tory DePI ,t,.uriers & Binningtoi>
Barristers & Solicitors
PAK/cb
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Bownarville Zoo Park April 27, 199'`
Hwy # 2/ �
Dowanvi } le, Ontario
Dea' . psTle,
Ae +4nted to let you know how shocksc we are at how
the T'wn of Newcastle is treating you ~ egaruing the
exMopriation of your land.
We fe" you arb a valuable member of tme 3uwmanville
bus/ n^.`'4 00mmunity because your business draws so many
P&Op] " n, '.0 the area. In addition to t�w feed and supplies
you order from us, these visitors end up doing business
with us also.
if yo./ require any help in your discussions with the
toww1ease (eel free to let us know.
' '""'^ . tvn
Pr+sivent ' Welcome Feeds '
^ !E King it . west
Bowma:'ille, Ont .
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