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HomeMy WebLinkAboutWD-41-92 REPORT #3 THE CORPORATION OF THE TOWN OF EWCASTL® REPORT - Meeting: COUNCIL Z File# Date: APRIL 13, 1992 Res. # Report#:—WD--4 l---9 2- F I I e #: -RC--31--GZ By-I-aw# Subject: TOWN OF NEWCASTLE EXPROPRIATION OF LAND FROM THE BOWMANVILLE ZOO FOR THE RECONSTRUCTION OF HIGHWAY 2 AND MEARNS AVENUE, BOWMANVILLE Recommendations: The following is respectfully recommended to Council: 1. THAT Report WD-41-92 be received; 2 . THAT in accordance with the conditions set out in the letter, dated May 14, 1991, from The Honourable Ruth Grier, Minister of the Environment, the Town agrees to provide a noise fence to the specifications previously agreed upon by the Director of Public Works and the owners of the Bowmanville Zoo, at an estimated cost of $32,000; 3. THAT the proposal for the settlement of compensation for the land required from the owners of the Bowmanville Zoo on the east side of Mearns Avenue for the purpose of widening and reconstructing Mearns Avenue, as outlined in the correspondence dated September 6, 1991, from Alex Nagy to Totten Sims Hubicki, be rejected; 4 . THAT the Town of Newcastle continue the process necessary to acquire the land from the Bowmanville Zoo and settle the matter of compensation in accordance with the Expropriation Act; and /2 REPORT NO. : WD-41-92 PAGE 2 5 . THAT Alex Nagy, President, Bowmanville Zoo, and the Honourable Ruth Grier, Minister of the Environment, be advised of Council's decision. ---------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Copy of Report WD-25-91, dated March 4, 1991 No. 2: Copy of correspondence dated May 14, 1991, from The Honourable Ruth Grier, Minister of the Environment No. 3: Copy of correspondence dated September 6, 1991, from Alex Nagy, President, Bowmanville Zoo 2.0 BACKGROUND 2 . 1 Report WD-25-91, dated March 4, 1991, provides the background for this report. It should be noted that Council did not approve recommendation number two (2) of the report. 3.0 REVIEW AND COMMENT 3. 1 Expropriation proceedings have been commenced for the acquisition of land for the widening and improvement of Mearns Avenue from the Bowmanville Zoo. A Notice of Objection to the proposed expropriation has been filed on behalf of the Bowmanville Zoo. It is expected that an inquiry into the necessity and fairness of the proposed expropriation under the Expropriations Act will be scheduled to commence in the relatively near future. If the acquisition of land from the Bowmanville Zoo is approved under the Expropriations Act, work on the widening and improvement would be undertaken in 1993 . 3 .2 Approval of the undertaking of the widening and improvement of a portion of Mearns and King Street East is required under the Environmental Assessment Act. An application was made for a class rather than a project specific approval under this Act . . . /3 REPORT NO. : WD-41-92 PAGE 3 in order to achieve significant savings in time and in costs . The Bowmanville Zoo requested that the Class Environmental Assessment be "bumped up" to an undertaking specific application for approval under the Environmental Assessment Act. If this had been successful, a very considerable delay and a significant increase in. the cost of the project would have resulted. However, the Minister of the Environment, The Honourable Ruth Grier, in her letter dated May 14, 1991, (Attachment No. 2) decided not to bump the undertaking up subject to two (2) conditions set out in her letter. The first condition requires the Town to agree to provide a noise fence to the specifications previously agreed upon by the Director of Public Works and the owners of the Bowmanville Zoo at an estimated cost of $32,000 . The second condition deals with the resolution of the question of compensation for the land proposed to be acquired from the Bowmanville Zoo. 3 . 3 With respect to the issue of the compensation to be paid to the Town for the land, in accordance with the conditions set out by the Minister of the Environment in her letter dated May 14, 1991, another appraiser, who was mutually agreeable to the Town and the owners of the Bowmanville Zoo, was retained by the Town to provide an appraisal for the land required from the Bowmanville Zoo for the widening of Mearns Avenue. The Appraisal Report was provided to the owners of the Bowmanville Zoo and was discussed with them by Mr. Don Smith, the Appraiser. As noted in the correspondence dated September 6, 1991, from Alex Nagy to Totten Sims Hubicki Associates, the owners of the Bowmanville Zoo do not agree with the appraised value of the land. I 3.4 In order to satisfy the requirements of the Environmental Assessment Act and the condition of Minister of the . . . /4 i i I REPORT NO. : WD-41-92 PAGE 4 Environment's conditions set out in her letter of May 14, 1991, it is desirable that Council now resolve that the Town agrees to provide a noise fence to the specifications previously agreed upon by the Director of Public Works and the Bowmanville Zoo at an estimated cost of $32,000 . The fence would be constructed in 1993 in conjunction with the proposed widening and improvement of the Mearns Avenue and King Street intersection. Respectfully submitted, Recommended for presentation to Council, i Walter A. Evans, P.Eng. Lawrence E. �Kotseff, Director of Public Works Chief Ac�ml n'istrative Officer WAE:DH:ph U April 7, 1992 Attachments pc: Bowmanville Zoo 340 King Street East Bowmanville, Ontario L1C 3K5 Attention: Mr. Alex Nagy The Honourable Ruth Grier Minister of the Environment 135 St. Clair Avenue West Suite 100 Toronto, Ontario M4V 1P5 I I i TOWN OF NEWCASTLE r.`5�•� � ' ' REPORT Fi le Res. # ! - -_F �• By-Law # SING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: MARCH 4, 1991 REPORT #: WD-25-91 FILE #: RC. 31.02 SLBJEC : POSTPONEMENT OF -THE RECONSTRUCTION OF HIGHWAY 2 AND MEARNS AVENUE AND NEED TO PROCEED WITH EXPROPRIATION OF LAND FOR ROAD WIDENING, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-25-91 be received; 2 . THAT the owners of Bowmanville Zoo be advised that conditional on the owners releasing the Town from any responsibility regarding their animal collection that may result from the construction and use of the widenings of Highway #2 and Mearns Avenue in a form satisfactory to the Town's Solicitor and the owners withdrawing their objection to the Minister of the Environment regarding the undertaking of this work, the Town will build a solid wood fence (at an estimated cost of $32,000) along their frontage on Highway 2 to alleviate their concerns about the effect of the reconstruction of Highway 2 on the animals in the Bowmanville Zoo i subject to the owners advising the Ministry of the Environment that the Town has satisfactorily dealt with their concerns about the reconstruction of Highway 2 and Mearns Avenue; I 3 . THAT appropriate Town officials take the necessary action to initiate and prosecute expropriation of the necessary land from the Bowmanville Zoo for the widening of Mearns Avenue; I ATTACHMENT N0. 1 2 WD-41-92 REPORT NO: : Wb-X25-91 PAGH 2' ' 4 . THAT Mr. .Alex Nagy, President, Bowmanvi-lle Zoo, be advised of Council 's decision; and 5 . THAT a copy of Report WD-25-91 be forwarded to Mr. Alex Nagy, Ms. Cathy Cetrulla, Ministry of the Environment and Mr. Doug Goltz, Ministry of Transportation. ------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. l: Key Map No.2 : Environmental Study Report (Under Separate Cover) No.3 : Correspondence dated June 19 , 1990, from Alex Nagy, President, Bowmanville Zoo, to the Minister of the Environment No.4:. Correspondence dated October 27, 1990, from Michael Hackenberger, Director, Bowmanville Zoo, to Walter Evans. No.5 : Correspondence dated January 21, 1991, from Alex Nagy, President, Bowmanville Zoo to Walter Evans 2.0 INTRODUCTION 2 . 1 It has been necessary to postpone the reconstruction of Highway 2 and Mearns Avenue from 1991 to 1992 because of unresolved concerns raised by the owners of the Bowmanville Zoo with the Minister of the Environment under provisions of the Environmental Assessment Act. 2 .2 Provision was made in the 1988 Capital Budget and Four Year Forecast for the design in 1988 and the construction in 1991 of Highway 2 from Simpson Avenue to the East Soper Creek Bridge and of Mearns Avenue from Highway 2 to Orchard Park Drive. 2 . 3 Provision was made in the 1990 Capital Budget and Four Year Forecast for the completion of design and for land purchase. The construction was forecasted to proceed in 1991. REPORT NO. : WD-25-91 PAGE 3 3.0 REVIEW AND COMMENT 3. 1 The Environmental Study Report details the process which has been followed with regard to this project (Attachment No.2 under separate cover) . The balance of this report will make recommendations on resolving two outstanding problems: a) Concerns raised by the owners of the Bowmanville Zoo in a letter dated June 19, 1990 to the Minister of the Environment. b) Purchase of land from the Bowmanville Zoo for road widening on the 'east side of Mearns Avenue. 3.2 Concerns of the Owners of the Bowmanville Zoo 3 .2 . 1 The only concerns raised by the owners of the Zoo which relate to this project are those raised on Page 3 (Attachment No.3) under the heading of "Widening of Highway 211 . In order to resolve those concerns, meetings were held with the owners of the Zoo on July 26, August 8, September 20, October 22 , 1990 and January 21, 1991. 3 .2 .2 At the conclusion of the meeting held on October 22, it was agreed that subject to Council approval, the Town would pay the cost of constructing a solid board fence along the Bowmanville Zoo frontage onto Highway 2 . The owners of the Zoo agreed that if the Town would do this, they would withdraw their objections to the Minister of the Environment. I Mr. Michael Hackenberger confirmed this agreement in his letter dated October 27 , 1990 (Attachment No.4) . . . .4 i I i i REPORT NO. : WD-25-91 PAGE 4 3 .2 . 3 The only other unresolved issue was the purchase of land from the Bowmanville Zoo for widening on the east side of Mearns Avenue. At the conclusion of the meeting held on October 22, it was agreed that the purchase of the widening would be negotiated by the Town's appraiser and land purchase agent, Frank Sworik. 3 .2 . 3 On Monday, January 21, 1991, Frank Sworik advised me that he was advised by the owners of the Bowmanville Zoo that they had changed their mind and did not want to proceed with the sale of the land on Mearns Avenue and would not withdraw their objection to the Minister of the Environment unless the Town agreed to pay them $100,000 for an easement over their land over which the west branch of the Soper Creek flows between Mearns Avenue and Highway 2. This is an issue which is not related to the reconstruction of Highway 2 and Mearns Avenue and is between Schickedanz Brothers Ltd. and the owners of the Bowmanville Zoo. 3 . 2 .4 A meeting was held with the owners of the Bowmanville Zoo at 5: 00 p.m on Monday, January 21, 1991, to .try to resolve the issues . We were not successful. At the conclusion of the meeting, Frank Nagy handed me a letter which states that their concerns raised with the Minister of the Environment are still unresolved (Attachment No.5) . . . . 5 REPORT NO. : WD-25-91 PAGE 5 3 . 2 .5 A municipality cannot proceed with a project until all concerns raised during the environmental assessment process have been resolved to the Minister's satisfaction. This process can take a considerable length of time and for this reason the project cannot proceed this year. A submission has been made to the Ministry of the Environment outlining the issues and asking for a ruling that the Town has taken all reasonable steps to deal with the issues raised by the Bowmanville Zoo which are related to this project. 3 . 2 . 6 Four parcels of land are required for road widening for this project, two on Highway 2 and two on Mearns Avenue. . We have been successful in obtaining agreements for all but the land required from the Bowmanville Zoo. In order to be in a position to proceed with the project in 1992, it is recommended that expropriation proceedings be initiated to obtain the widening on the east side of Mearns Avenue. 3 . 2 . 7 The purchase of the other three parcels of land will be dealt with in separate reports . 3 .2 . 8 The proposed 1991 Capital Budget and Four Year Forecast reflects the change in timing for this project. Respectfully submitted, Recommended for presentation to the Committee, ----------------------- ------ ----------------- Walter A. Evans, P.Eng. , Lawrence E Kotseff, Director of Public Works Chief A istrative Officer WAE*llv February 18, 1991 Attachments . . . 6 REPORT NO. : WD-25-91 PAGE 6 pc: Mr. Alex Nagy, President Bowmanville Zoo 340 King Street East Bowmanville, Ontario L1C 3K5 Ms. Cathy Cetrulla Ministry of the Environment Environmental Assessment Branch 250 Davisville Avenue 5th Floor Toronto, Ontario M4S 1H2 Mr. Doug Goltz Ministry of Transportation Regional Municipal Maintenance Section Central Region Atrium Tower 1201 Wilson Avenue Downsview, Ontario M3M 1J8 i I I I i i i LEGEND ROAD WIDENING REQUIRED w z w • Q lL f 0 -) W _ O LIMIT OF (L ORCHARD PROJECT PARK DR. z a SAVANNAH LAND JOHN AND CAROL Uj CORPORATION SORNBERGER (BOWMANVILLE ZOO) a 294 KING ST. E 340 KING ST.E. a m J -- a - EASEMENT KING STREET EAST / w D w z w L`' a Q �n z 0 0) a z SIBJEL INVESTMENTS LTD. a 229-237 KING ST. E . LL LIMIT OF MANUFACTURES LIFE INSURANCE COMPANY LTO. PROJECT 225 KING ST. E ECT � u�.�• V� 0 S)� lJf'J;' DRAWN ' J .M DATE = FEB. 1991 { J1 ATTACNfIr N T 110, 1 KEY r WD-25-91 THE ALL NEW BO'WMANVILLE zoo June 19, 1990 . The Honourable Jim Bradley, Minister of the Environment , 135 St . Clair Ave . W. , 5th Floor , Toronto , Ont. M4V 1P5 Dear Sirs : Re : Reconstruction of King Street (Hwy 2 ) Bowmanville Environmental Study Report We are writing to you regarding the above project to express our concerns . First we would like to start by stating that the reason for writing at this late is due to the fact that we did not receive any notices regarding the Study Report. We learned about this study through a neighbour ,who showed us his notice just recently . Since then we did meet with the Mayor of the Town of Newcastle and asked that our concerns be forwarded to your Ministry . Attached is a copy of the letter which we sent to the Mayor following our meeting . We believe that the summary should be self explanatory to you . it is our opinion that 'the development in the watershed has not been carried out in accordance with the Master Drainage Plan as approved with little regard to the: environment or riprarian rights . . We ask that our concerns be taken into consideration and would appreciate a meeting with you to "discuss' them . in further detail . Yours truly, j I BOWMANVILLE ZOO ATTACHMENT NO . 3 WD-25-01. Alex Nagy, President . AN:hb Encls . 340 King Street Ea5r Bo„manville Ontario Canada - L IC 3K5 THE ALL NE1t' D JUN 13 1990 BOWMANVILLE TOWN OF NEWCASTLE zooMAYO'S OFFICE June 12 , 1990 . Town of Newcastle , 40 Temperance St . , Bowmanville, Ont. L1C 3A6 Attention : Mayor - M. Hubbard Dear Mayor Hubbard: Thank you very much for meeting with Mr . Winters and myself on June 8, 1990 to discuss some of the problems which the Bowmanville Zoo is currently experiencing as a result of develop- ment of lands surrounding the zoo. The following is a summary of the concerns raised and our understanding of your undertakings to deal with same. Security Fencing When the Veltri subdivision was constructed the area immediately to the south of the development and north of the zoo was dedicated by the developer to the Town . The area is presently used as a childrens ' playground and park. There is no fence separating the playground/park from the zoo property and as a result , the children in the area readily trespass onto zoo property. If the children cross Soper Creek they can easily come in contact with zoo animals. Discussions had taken place between Town ' s staff to erect a fence and although the Town was initially prepared to do so it now appears that they are not . You indicated that you had spoken to Mr . Caruana in Community Service and that the j fence has been provided for in the budget . You have agreed to follow this up with Town staff and confirm the Town ' s position . Erosion Another concern with existing and future development is the resulting erosion to the banks of the creek which meanders through our property . The pond which was designed and built at the south end of the Veltri subdivision does not function as intended . During heavy rains the pond floods over and runoff goes directly into the creek increasing flows . In winter the pond freezes over creating ice jams in the creek causing water backup . 340 King Street East - 6owmanville - Ontario - Canada - L 1 C 3KS THE ALL NEW BOWMANVTLLE _ zoo 2 _ As the ice thaws the water is released with tremendous pressure and speed causing significant erosion. We have discussed the pond with Mr. Cannela of the Town as well as Sernas & Associates who were the designing engineers and it was their conclusion that the pond does not work as intended . Corrective measures are required to repair the damage to date as well as to ' protect for future erosion. We were pleased that you were familiar with the situation and agreed that a problem does exist . You have indicated that you would call for a meeting of all parties involved to discuss a resolution and would report back to us within a two week period. Retention Ponds - Schickendanz A third concern discussed was the development of lands to the west of our property and the issue of storm water management. Having read the development agreements and the storm water management reports prepared by Marshall Macklin Monaghan and by Proctor and Redfern we learned that the development of the lands was not to proceed until satisfactory measures had been taken to control storm water runoff _ Both engineeting reports indicated that retention ponds as well as chanelization of the creek would be required to control storm runoff_ A majority of the lands in question have already been developed in advance of the storm controls required _ In order to implement the works recommended easements would be required through our lands - Las year Mr _ Schickendanz entered into negotiations with us to obtain the easement. It appears that these negotiations were terminated when the Town entered into an agreement with the developer, wherein the Town assumed the responsibility of acquiring the said easements . It is not clear as to why the Town should have assumed such a liability . Our main concern over the proposed works is that they should not negatively impact our property not only in appearance and maintenance but also for the future development of the corner at Mearns and Liberty _ You indicated that you would look into this matter as part of the meeting with the staff and developers within the next two weeks . I THE ALL NEW BOWMANVILLE _ zoo 3 - Widening of Highway #2 A fourth point raised and which we feel is of significant urgency is the widening of Highway #2 . It was by chance Ghat a neighbour presented us with a notice that he received from the Town referring to an environmental review prior to construction. We were never 'in receipt of such a notice . We . have a concern about the noise and dust that would be created during construction and the impact on the animals . We have on the zoo grounds very sensitive species some of which are very rare and endangered . As a security precaution we feel that it will be necessary to move these animals to an area beyond the influence of the construction . At this time we do not have any information to work with but certainly an impact study would be required and the responsibility for cost should be established . We have asked that the Town advise the Ministry of our concerns and that a meeting be established . We would appreciate receiving a copy of the correspondence between the Town and the Ministry , for our files . Future of the Zoo As a final point we discussed the future of the zoo in relation to the plans of the Town in general . It is our view that the development to date has been approved without any consideration for the zoo and its occupants . We are not aware of any notices sent to us as the owners regarding proposed upstream development , even though we formally asked the Town to keep us informed of any new developments . At this time we are not in a position to determine the longterm effect of surrounding developments on the current operations of the zoo or its future expansion . We are convinced however , that our potential for future expansion will be constrained by urbanization . In addition our business depends on breeding of new animals not only for our own use but for that of other zoos . The noise , lighting and increased pollution will have a negative impact in breeding _ I I-HE ALL NE\\' BOWMANVILLE zoo_ - 4 - As we indicated to you we wish to resolve these issues with the co-operation of the Town . We feel that the Town has much to gain or lose as we do. The Bowmanville Zoo is a long established institution which currently .attracts approximately 150, 000 visitors annually. This translates to substantial tourist dollars for the Town . We thank you in advance for your anticipated co-operation and look forward to hearing from you within two weeks _ Yourst truly , BOWMANVILLE ZOO i Alex Nagy , President _ AN:hb i i I ;Fn x Fa t 8owmmnvi//e Ontario Canada - I.IC 3K5 THE ALL NEW BOWMANVILLE Zoo WA(_ CSC - - ---- -- -October 27 , 1990 Walter Evans City Hall -. Bowmanville, Ontario­­ Dear Mr. Evans, In regards to' the proposed widening of Highway 2 from Mearns Avenue, through to the bridge over the eastern branch of the Soper Creek. The Bowmanville Zoological Park Ltd. (BZP) , occupies the area north of the proposed construction. As a tourist attraction and as a centre for the propogation of endangered species, the BZP has concerns regarding the impact of widening Highway 2. As an attraction destination, it is extremely important for the BZP to maintain the highest standards of aesthetics for its guests. We have met on several occasions and Mr. Don Bourne has been very cooperative in creating a schedule, which should minimize the construction disturbance on the operation of the zoo. Of greater concern, is the welfare of the animal collection which is adjacent to Highway 2 , which will be subjected to the full impact of the construction process. You have been supplied with a list of animals which are housed adjacent to Highway 2 . In particular those species which are of endangered status were indicated . Many of these species are very nervous and easily stressed. We are very concerned that the noise dust and other disturbances produced by the construction, would have a deleterious effect upon the collections well-being- The figure to relocate those sensitive species which would be most impacted by the construction would be $123 , 000 _ We have approached a number of other zoological facilities , capable of holding some of the animals over the construction period . However , due to the impli-cations of shipping nervous animals, and the limited resources at other facilities , the practicality of this option is not feasible. ATTACH f 1ENT 110 , 4 WD-25-91 i-.�) Kir�� Slrt< l 1:.��! R�xtini:�nvill� Onlari<) C,?nadd • 1.1('3K5 Page 2. As an alternative to moving these animals and incurring the expenses outlined above, BZP suggests the construction of a barrier across the southern end of the zoo property, adjacent to Highway 2. Mr. Al Nagy supplied details to Mr. Don Bourne, of a proposed: barrier, which we felt- would minimize the enviromental disturbances created by the construction. At our last meeting, the cost of such a barrier was estimated at $32, 000. Should such a barrier be constructed, the BZP is satisfied that every reasonable precaution has been made towards the well-being of the animal collection, and that the town of Newcastle and MTO are released from any further responsibility towards the animal collection . in regards to- the proposed widening of Highway 2. With thanks for your consideration of this brief, I remain, Your obedient servant, Michael Hackenberger Director JANUARY 21 , 1991 TOWN OF NEWCASTLE 40 TEMPERANCE ST. , 3OWMANVILLE, ONTARIO .—IC 3K5 ATTENTION: WALTER EVANS ]EAR SIRS: RE: KING STREET RECONSTRUCTION 4ITH RESPECT TO THE AMENDED ENVIRONMENTAL STUDY REPORT PERTAINING FO THE RECONSTRUCTION OF HIGHWAY ## 2, WE WISH TO ADVISE THAT THE CONCERNS SUBMITTED REGARDING THE ORIGINAL PROPOSAL ARE STILL JALID AND TO DATE UNRESOLVED. YOURS TRULY ALEX NAGY -;N ^! '(' Ul Note au1 FMe -- -to JAN 22 1oo� i : �.f.�r,:•�,r:tv. -..�..�.�T rti-Y7f1 - < i ATTACHMENT NO . 5 WD-25-01 r� Minim,, Ministere of the de m. '• f Environment 1'Environnment Ontario f the 135 St.Clair Avenue West 135,avenue St.Clairouest Suite 100 Bureau 100 du Toronto,Ontario Toronto(Ontario) M4V 1P5 M4V iP5 416/323-4359 416/323-4359 21511 May 14, 1991 Mr. Walter A. Evans, P.Eng. Director of Public Works Corporation of the Town of Newcastle 40 Temperance. Street Bowmanville,- Ontario L1C 3A6 Dear Mr. Evans: Thank you for meeting with Mr. Glenn Higgins of the Environmental Assessment Branch- on April 12, 1991, to discuss the concerns raised by representa- tives of the Bowmanville Zoo with regards to the reconstruction of King Street . Mr. Higgins has provided me with the resolutions of that meeting. Based on the information he has provided I have decided not to bump-up this project to an individual environmental assessment subject to the following conditions which both the Town of Newcastle and the Bowmanville Zoo have agreed upon: • The Town of Newcastle will agree to provide a noise fence to the specifications previously agreed upon by the Town and the Zoo. If such a fence is not provided, I reserve the right to re- evaluate my decision not to bump-up the project. • The Town of Newcastle and representatives of the Bowmanville Zoo will, through a mutually agreed upon appraiser, attempt to set a fair and reasonable price for that portion of land currently owned by the zoo along Mearns Avenue. If the price set by the appraiser proves to be unsatisfactory to one or both parties, the matter will be settled through the use of the Expropriations Act . 2 ATTACHMENT N0. 2 WD-41-92 Mr. Walter A. Evans, P.Eng. Page 2 Let me take this opportunity to thank you and representatives of the zoo for your cooperation in this matter. Yours sincerely, Ruth Grier Minister cc:. Mr. Alex Nagy, President Bowmanville Zoo I I I THE ALL NEW 8OWMAN'VILLE zoo September 6, 1991 WITHOUT PREJUDICE Totten Sims Nubicki Associates 1A King St . E. , P.O. $OTC 998 Cobourg, Ontario K9A 4L1 Attn : Mr . D. R. Bourne Dear Sirs : Re: Bowmanyi lle Zoo Pro2perty - Mearns Ave N ther to our meeting regarding the appraisal report as prepared by Durham Appraisal ,�ervice5 dcLd ,,mvjng r0viewo6 Ramp we submit the following comments . It appears that the more that we attempt to assist you and the Town in expediting the road wridenings and avoiding costly studies and reports , the more the 'down attempts to take advantage . when you and Mr . Evans suggested using Durham Appraisal Services to agreed on condition that the appraisal was unbiased and that any input that we may have would be con- sidered by the appraiser in the oourse" of preparing the report . This report fails to discuss or tale into account very significant points which were presented to Mr . Don Smith by rir . John Winters our accountant . In addition we have serious concerti as to the Impartiality of the report;. On page 24 the report states that the land not utilized by the zoo facilities is suitable only for recreational use or seasonal agriculture uses . It was explained to Mr . Smith that i due to the nature of the business which involves the breeding and display Of animals all of the land owned by the zoo is use- able space . The .zoo has plans to expand and any Loss of Land would limit the expansion. The widening of the road would in fact have a substantial negative impact on any expansion not only due to the loss Of space but also. for the need of a larger buffer area . Security would also be required as a result of the additional traffic . on page 25 there is refearence to development and pre.- requigites for subdivision approvai . The developerz wera responsible for obtaininu easom,_-nts for storm water managemont Cont . 2 , ATTACHMENT N0. 3 WD-41-92 i THE ALL NEW T 0. BOWMANvxLLE zoo 2. prior to development and for which they were paying $70 . 40 per square meter . Recognizing that development would also require road widening , why would the developers not also be -responsible for obtaining the lands for same . Why would the market value of the lands -required for the road not be at least equal to the amounts paid by the developers for the easement . In fact part of the easement for which Mr - Sehickendanz is prepared to pay $70 , 40 per meter lies across the lands to be expropriated . On page 25 the author to the .report refers to and relies on statements given by Mr . Schickendanz with respect to the history of prior negotiations regarding the acquisition of easements without any attempt for verification. Had the author contacted our solicitor Mr , 3olotenko he would have learned that the Facts were not as presented . On page 26 it states that Schickendan2 Bros . Limited applied to the Town of Newcastle , Durham Region , C .L .e.C . A. and the Ministry of Natural Resources for relief from their requirement to Obtain an easement over our property. Wq wonder how this was possible considering protection afforded a property owner under civil law. On page 27 the author speaks of highest and best use . Reference is made to contacts and comments from both C ,L . O ,C .A, and the Town of Newcastie . We feel that under the circumstancee it is highly unlikely that these agencies and in particular the Town would have any positive comments . There are numerous examples of parking lots being located in low Laying area,7 the most current example bing the parking lot Sox they future C .O . Station next to the 5th Wheel Aruck Stop. There are also nl;merous examples to buildings and additions , C.L.O .C . A. rOCently built washrooms and a parking lot in the ravine immediately south of the Old Mill . In fact C.L. O . C .A . le offices are located in floodplai.n lands . Regardless as mentioned earlier all of the zoo lands are usablo for agricultural use . On Na5c 20 Mr . Criii h i.ndi ca %toy that the subjQnr. 1 andq have remained unci :ltivated and not in productive use . Since the zoo. was acquired several years ago great strides have been made in upgrading the facilities and increasing patronagge . Plane for expansion including parking have been thwarted by the mown . Mr . Smith ' s conclusion "that the taking of the required portion of land will havo no eff6ct on the remaining retained portion of the Subject property" is absolut�aly incorrect and the cost and income approaches are very appropriate , Cont . 3 i THE ALL NEW f . BOWMANVILLE zoo 3 . On page 32 the report deals with the 'Direct Sales Comparison Approach" . All of. the exampics of sales used by the appraiser as comparisons are totally unrelated to the lands in question . We wonder why other examples or similar transactions were not used. One example might be a recent purchase of lands for road widening at the corner of Liberty St . and Baseline Road . We also wonder why the market val,ae of an easement through the property would be greater than a direct ownership of the lands . On page 47 the report deals with damages attributable to disturbance . The appraiser estimates the market value to be $32, 000 which is the value of the fence Along Highway 2 . We are totally confuse as to how this relates to the value of lands along Mearns Ave . The fence was something that we agreed to in a spirit of co-operation in order to avoid costly studies and time delays for the Town. The cost of the fence is totally unrelated to damages attributable to disturbance . We believe that protective barriers would have been a requirement of approval of the widening of Highway #k2 . In addition to the fencing certain endangered species would have to be relocated during construction . The cost of relocation and business losses due to construction would be far in excess of the $32 , 000 fence . Page 48 deals with Damages for Injurious Affection . Based Upon some of the foregoing comments we do not agree with the author . We believe that the questions that we have raised are most appropriate and deserve consideration . As part of the negotiating process tae ask that the Town provide funding so . th,,At we may Obtain our own independent opinion as to reasonablenes4 of your appraisal. report . At this time we are prepared to offer the following options : 0 -i 0 n 1 We are prepared to exchange our lands for lands owned by the 'own on the south side. of Highway #2 . Theso lands are similar with respect to zoning and within the flood lines , therefore they should have similar value . �n- t--=i Q.Z. We would be prepared to seI:L Li, , 7,ad aII0,,j nno rf�gillL�C� p1UC the easement for storm drainage required for the sum of $100, Op0 . uu This is a most generous offer considering the facts that the Town already holds a letter of credit in the amount of $100 , 00p . 00 for the acquisition of the easement and related channelixation plug honeys Contributed by the developer$ for the road reconstruction , Cont . 4 THE ALL NEW BO WMAN VILLE zoo- 4 . The costs of arbitration and expropriation wou3.d most likely exceed this amount . In both cases we would ask that a security chain lin}�, fence be installed along the perimeter of our property after the road widening . We would appreciate a written reply as to your decision within 15 days . Yours truly , BOWMANVYbLB X00 Alex Nagy, President . AN �hb