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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 J- - LYc. _: CULVERT 14 } v JLV EP\ C - . _ELLMAN-- -- -_600 1JRINS Y. �nANGAt _ -CULVERT= .D_—__----- _li5o V'AM RDON _ADATAS__. -- c �V 0.T -HooEY: - 4 -- CULVERT E q00 +-� CONCRETE i UNOe�N�p- RpVl =PTPE 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