HomeMy WebLinkAboutWD-25-91 TOWN OF NEWCASTLE
REPORT
File # %'.; Res. #
" — .44 By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 4, 1991
REPORT #: WD-25-91 FILE #: RC.31. 02
S( &JEC ': POSTPONEMENT OF -THE RECONSTRUCTION OF HIGHWAY 2 AND
WARNS 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
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;
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;
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REPORT NO. : WD-25-91 PAGE 2
4 . THAT Mr. Alex Nagy, President, Bowmanville 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.
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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.
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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.
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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 .
. . .3
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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.
Mr. Michael Hackenberger confirmed this agreement in his letter
dated October 27, 1990 (Attachment No.4) .
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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. , LawreWAistrative Kotseff,
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Director of Public Works Chief Officer !
WAE*llv
February 18, 1991
Attachments
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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
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ATTACHM NT N
KEY MAP
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THE ALL NEW
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BOWMANVILLE
ZOO—
June 19, 1990 .
The Honourable Jim Bradley,
Minister of the Environment ,
135 St . Clair Ave . W. , 5th Floor ,
Toronto , Ont , M4V 1p5
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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 . Tt 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 Ab further detail .
Yours truly,
BOWMANVILLE Z00
ATTACHME�JT NO, D
Alex Nagy` WD-25-91.
President .
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340 King Street East • Bow manviiie Ontario Canada • L 1 C 3K5
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THE ALL NEW
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JUN 13 1990
BOWMANVILLE TOWN OF NEWCASTLE
ZooMAYOR'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
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 • Bowmanville Ontario • Canada • L 1 C 3K5
THE ALL NEW
BOWMANVILLE
zoo_
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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 engineering 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 .
Last 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 .
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340 King Street East • Bowmanville Ontario • Canada • L 1 C 3KS
THE ALL NEW
BOWMANVILLE
zoo_
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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 that 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 long term
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 .
340 King Street East • Bowmanville Ontario • Canada • L 1 C 3K5
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THE ALL NEW
BOWMANVILLE
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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
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Alex Nagy,
President .
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340 King Street East Bowmanville Ontario Canada L 1 C 3K5
(416) 623 5655 (416) 62.3 9675 - 24 hrs • (476) 5761928 - Fax
THE ALL NEW
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. -.-October 27 , 1990
T
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 quests. 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 implications of shipping
nervous animals, and the limited resources at other facilities ,
the practicality of this option is not feasible.
ATTACWENT 110 , 4
WD-25-91
)'40 King Stfeet Fd',1 ROWMillWille Ontario Canada 1_7('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 fe1 � 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. ,
BOWMANVILLE, ONTARIO
L1C 3K5
ATTENTION: WALTER EVANS
DEAR SIRS:
RE: KING STREET RECONSTRUCTION
WITH RESPECT TO THE AMENDED ENVIRONMENTAL STUDY REPORT PERTAINING
TO THE RECONSTRUCTION OF HIGHWAY # 2, WE WISH TO ADVISE THAT THE
CONCERNS SUBMITTED REGARDING THE ORIGINAL PROPOSAL ARE STILL
VALID AND TO DATE UNRESOLVED.
YOURS TRULY
ALEX NABY zv�'
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