HomeMy WebLinkAboutWD-51-88 TOWN OF NEWCASTLE
REPORT File # � �1 `> F
Res. # A -
--- �• By-Law #
MEETING:G: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: SEPTEMBER 6, 1988
REPORT #: WD-51-88 FILE #:
SUB.ECT: DRAINAGE PROBLEMS IN ORONO
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT this report be received; and
2. THAT Mr. Lycett be advised that his client's complaints have been
reviewed and it is concluded that the work carried out by the
Ministry of Transportation has not caused the flooding of their
properties; and
3. THAT a copy of this report be forwarded to Mr. W. Kay Lycett,
Box 87, 5387 Main Street, Orono, LOB 1MO and to Mr. Peter Chackeris,
Project Manager, Planning and Design, Ministry of Transportation,
5000 Yonge Street, Willowdale, M2N 6E9.
. . .2
Page 2
Report WD-51-88
REPORT
1.0 BACKGROUND
1.1 At a regular meeting of Council held on January 11, 1988, Council
passed resolution #C-11-88:
That the communication dated December 11, 1987, from
Mr. W. Kay Lycett, Solicitor, Box 87, Orono, Ontario, LOB 1MO,
advising that a number of his clients are now experiencing
drainage problems on their properties as the result of the
reconstruction of Highway 35/115, and requesting that
Council review the problems and assist in its correction by
the parties responsible, be received;
AND THAT the correspondence be referred to the Director of Public
Works for review and the the Director be authorized to meet
with the Ministry of Transportation and Communications for the
purpose of resolving the concerns raised by Mr. Lycett and
that the General Purpose and Administration Committee be advised
of the results of the meetings;
AND FURTHER THAT Mr. W. Kay Lycett be advised of Council's decision."
1.2 A copy of the letter from Mr. W. Kay Lycett is attached hereto
(Attachment 1) .
2.0 THE PROBLEM
2.1 The problem is that the watercourse, from culvert A to culvert D,
i
shown on Attachment 2, causes flooding of the adjacent properties
during heavy rains and during spring runoff.
. . .3
Page 3
Report WD-51-88
3.0 DISCUSSION
3.1 A meeting was held with representatives from the Ministry of
Transportation on January 28, 1988, with Mr. Lycett and his clients
at which time the problem was discussed and reviewed in the field.
3.2 The residents complained that the Ministry of Transportation
increased the rate of run-off and enlarged some of the culverts
on Mill Street and that a considerable amount of silt was deposited
in the water course during construction of Highway 35/115,
resulting in flooding of their properties.
3.3 These concerns were reviewed in detail with representatives of
the Ministry of Transportation and I am satisfied that the
construction of Highway 35/115 did not appreciably alter the rate
of flow or increase the volume of water to cause flooding of the
properties.
3.4 Although no appreciable amount of silt was evident in the
watercourse, there is no reason to doubt the residents statement
that some silting occurred during the reconstruction of
Highway 35/115. However, it is my opinion that the silting did
not cause the flooding.
4.0 OPINION
4.1 It is my opinion that the flooding is caused by the following:
a) The watercourse is poorly defined and has become plugged
with brush and weeds.
b) The culvert (culvert C) , on the private laneway is too small to
carry the flows during heavy rainstorms and during spring
run-off.
5.0 LEGAL OPINION
5.1 This matter was reviewed with Mr. David Sims, Town Solicitor,
who has provided a legal opinion concerning liability for cleaning
out the watercourse (Attachment N0.3) . Mr. Sims states that
"the Municipality has no legal responsibility to resolve the
nnr4-i nitl:nr f1^-el i,e rr —,-..L.l 1, _ .._.,r_1 ".....4 ...: 11 '...
Page 4
WD-51-88
"Mr. Sims draws our attention to the provisions of the Drainage Act,
R.S.O. 1980. c. 126, whereby property owners in an affected area
may petition the Municipality for the installation of the drainage
works, the cost of which is assessed against the lands to be benefited
thereby."
6.0 CONCLUSION AND RECOMMENDATION
6.1 Based on the foregoing, it is concluded that the work carried
out by the Ministry of Transportation on Highway 35/115 has not
caused the flooding referred to by Mr. Lycett and his clients.
6.2 If the property owners wish to clean-out the watercourse, they
may proceed under provisions of the Drainage Act to do so.
6.3 It is, therefore, recommended that Mr. Lycett be advised that
the concerns of his clients have been reviewed and it is concluded
that the work carried out by the Ministry of Transportation has
not caused the flooding and that his clients may proceed under
the Drainage Act to alleviate the problem.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P. Eng., Law en E tseff,
Director of Public Works. Chief A mi is native Officer.
:11v
August 12, 1988
COMMUNICATIONS DIRECTION D - 2
TELEPHONE(416)983-5007 ,
` larrister, *Iicitor, Notarg Xtc.
BOX 87.5367 MAIN ST.,
ORONO,ONTARIO
LOB 1 MO
December 11th, 1987
Clerk, F
Town of Newcastle,
t
40 Temperance Street,
Bowmanville, Ontario
L1C 3A6 r
Dear Sir:
Re: Floyd Nicholson, Mr. & Mrs. Horst Hoensch, t< :
Waryn K. Lycett, Mr. & Mrs. John Wellman,
Mr. & Mrs. Donald Gordon, Mrs. Glory Adams:
Streets and Highways drainage problem in Orono
I have been consulted by the above named owners of lands com-
prising Parts of Blocks 4 & 10 and Part of Lot 28, Concession 5 as shown
on the Hanning Plan of Orono lying.. adjacent,'to' the east side of' Mill
Street near its juncture with Provincial Highway 35 & 115 and the north
side of the Street lying to the South of Block 4 known as Pigotts Lane
all in the Town of Newcastle, pertaining to their mutual problem of
surface water drainage in, along, over or about their individual resi-
dential properties.
It appears at the present time that sufficient plans have not
been formulated in the past and procedures and work developments under-
taken to assure proper drainage along these streets and highways so as
to prevent existing flooding and anticipated additional flooding of their
lands.
In the past, it seems that most of the problem has been exper-
ienced by owners Gordon and Wellman who both have improved properties
with residential dwellings and accesses by driveways and .due to the fact
that present ditches have not been large enough to handle the 'run-off
from time to time particularly during Spring months, large amounts of
water have accumulated on their properties causing considerable damage
and concern. It seems also that since the Highway construction along
the Provincial Highway 35 & 115 just began this problem has increased
more than two-fold during the dryer months and now the largest concern
of these owners is that they may now expect even greater and unbearable
floods during the winter and spring months ahead. I am told that the
MUM #1
WD-51.=88
Ml"
_ 2 -
g rocedures along
Municipality has in recent olso months carried out ditcwhichphas had the effect
the vacant lots of Nicholson, these properties
defining
and directing the flow of water
of better along
d has apparently emphasised and worsened the build
but on the other han
up of water on the Wellman property.
It would seem that in the circumstances that both the Town
ation
of Newcastle and the M.T.C. should become involved in a joint
of the problem derivenaas possible and
in convention
these owners
parties
by some method d
concerned.
I might say also that it has been •rereuredthat .th theebeginning ='•33
of the Armstrong Store and proposed plaza property
of Highway construction, issued complaints ties upon their
increased flow Of and
this same water course whichaeedafuture developments of their project.
could thereby thwart anticip
In the light of the foregoing statements of fact and observ-
e ations, I hereby endeavour to enlist the support of the app o p
government agencies at all levels to commence an immediate investigation
into the matter at the earliest possible-date- in order to alleviate the-
problem at hand and to prevent any future aggravation of a serious
situation.
Your early reply herein will be appreciated at the earliest °
possible date.
Yours truly,
W. Kay ycett
WKL-seb
r'. 1
� 1
Copies to:
M.T.C. , Willowdale
M.T.C. , Dufferin Street, Downsview
Clerk, Town of Newcastle I,.' • -<l'�"
Works Department, Town of Newcastle
Mr. Floyd Nicholson
Mr. & Mrs. Horst Hoensch
Mr. Waryn K. Lycett
Mr. & Mrs. John Wellman '�Y i PI�AC� #�
Mr. & Mrs. Donald Gordon, ICIY
Mrs. Glory Adams WD_51 8
M.T.C. Site office, Kirby
CULVERT B . -
_1390 N„ jc 9-70 w,� .C.S.P A
:7CULVERY A
09w.
ZONCRETE BOX
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LYc. _: CULVERT
14
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JLV EP\ C
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- 4 -- CULVERT E
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I
[p�YLUR MYLES
-.LlNO.C?ENED-. Rp'W ARtVCST ONG
ENTRAIJGE To 1GA STORE: \-T
-yEo AUENSf=- ATTACRIENT NO.2
WD-51-88
t.•sue.. R. i s . rt"' r kr_ .:i 4 Y 4 ✓. .r - -
SIMS BRADY & MCMACKINY ELATION_ Z O N�k
i �� ote d FOP
NFNCaSr<r
BARRISTERS SOLICITORS WA - l�wrCIV,r.0 Disci" With
pitase An.*w
July 27 , 1988 AUG 3 1988 Note& Reuu ro Me
COPIES r0 sn"iitate and Report
p ( P08t IC WORKS .'A,AppW ilte ACtk,11
1 DEPT ;13JA
Mr. Walter Evans
Director of Public Works
Corporation of the Town of Newcastle
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Mr. Evans:
Re: Drainage, Villege of Orono
Our File: 40068.MRS
I am responding to your inquiries at our meeting on July
24th, 1988 in connection with the above noted matter. I have
reviewed your' draft report" to the General Purpose and
Administration Committee and for the purposes of this opinion
have accepted your conclusion that there is no increased
runoff- as " a result of the M.T.C.' -reconstruction of Highway" -
35/115 or as a result of municipal works. . The water course
crosses Pigott Lane through a municipally maintained culvert
and otherwise the water course in question is on private
property. The water course is not subject to a drainage
easement in favour of the municipaity.
I understand that the flooding of the properties occurs
intermittently during heavy rain storms and spring runoff as
a result of accumulation of brush and weeds in the water
course and perhaps as a result of the inadequacy of the -
culverts on Pigott Lane and upstream culverts on the Wellman
property. From our conversation' I also understand that the
principle cause of ,-the flooding is the brush and weeds and
partially by the inadequacy of the culverts.
I believe that it is appropriate for the municipality to
replace the culvert on Pigott Lane with one adequate for the
purpose of handling heavy rain storms and spring runoffs.
Otherwise, I am of the opinion that the municipality has no
legal responsibility to resolve the particular flooding
problems complained of. Of course, if the flooding is caused
as a result of any actions taken by the municipality, the
municipality must take appropriate remedial action.
I would draw to your attention the provisions of the Drainage
Act, R.S.O. 1980. c. 126 whereby property owners in an
affected area may petition the municipality for the
installation of the drainage works, the cost of which is
assessed against the lands to be benefited thereby.
ATTAC[iU f NO.3
WD-51-88
1 ,
SIMS BRADY&MCMACKIN
I hope that the foregoing has answered your concerns. If you
have any questions please do not hesitate to get in touch
with me.
Yours
i Y*
t
Da J. Sims
:mrs
P.C. Mr. F. Wu
ATTAC[W f NO
. WD-51;88