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HomeMy WebLinkAboutWD-47-80 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-47-80. Date: March 31, 1980. Subject: Petition for Drainage Works - Frank Street Background: A Petition for Drainage Works was filed, by the undersigned, in respect of Frank Street in Bowmanville. The attached correspond- ence is as a result of same. Report: The Consultants advise that a Petition can only be in respect of drainage works which can be done in accordance with The Municipal Act, which is on the street itself and not on private lands which, in the case of the situation prevailing on Frank Street, would be necessary in order to eliminate the drainage problem. It would appear that, in order to effectively proceed with corr- ective drainage works, any Petition would have to be filed by the residents themselves. Recommendation: THAT consideration be given to the withdrawal of the Petition. i I �x G.L. TOTTEN B.Sc.,P.Eng R.E SIMS B.A.Sc.,P Eng. J.M.HUBICKI B.A.Sc.,P. Eng, R L WINDOVER M.Sc,P. Eng. • (' P C.EBERLEE B.A,Sc.,P.Eng. CONSULTANTS 200 CONSUMERS ROAD, SUITE 404 WILLOWDALE, ONTARIO M2J 4R4 totten suns hubicki associates limited TELEPHONE (416) 494-6966 32-2290-03 24 03 80 Town of Newcastle a 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. J.M. Mcllroy, A.M.C.T. Clerk Re: Municipal Drain Frank Street Town of Bowmanville On 14 02 80 our Firm was appointed to prepare a Preliminary Engineer's Report under. the 1975 "Drainage Act." The undersigned held a meeting with Mr. J. Dunham, "Director. of Public Works" to review the area requiring drainage and the intent of the petition. The petition was filed under Section 4, Subsection l(c) of the Drainage Act , which is a petition by a Road Superintendent appointed under "The Public Transportation and Highway Improvement Act." Under this kind of petition, the appointed Engineer must concern himself with the drainage of the road only and not lands abutting the road that requires drainage. Upon my inspection of Frank Street, I found that only the front yards of the homes and apartments abutting Frank Street drained onto the street and although Frank Street does not have open ditches or storm sewers, Frank Street itself did not have a drainage problem. Upon further inspection, it was found that the rear yards of three homes on the west side of 'Frank Street had flooding problems. In my meeting with Mr. Dunham, I was informed that this was the intent of the petition, to install a storm sewer up Frank Street, so that the riparian owners of these lots could connect into the storm sewers and drain these lots. Under Section 4, Subsection l(c) of the Drainage Act, it is not acceptable to drain abutting lands, but only the roadway itself. Since it is not the concern of the Town of Newcastle to improve the drainage of Frank Street itself, but rather the abutting lands to tho roadway, I would recommend that they reconsider the petition before any further cost is incurred. . . . . . . . . . . . . . . . . 2 w � -2- A storm sewer required to drain Frank Street would not be extensive enough or would not be required to extend far enough or be of suitable size to accept any additional areas of drainage to be connected into it. The Drainage Act requires that I concern myself only with the roadway itself. . It is known that the homeowners oppose any cost to themselves and under this petition, they would be assessed outlet liability. If one riparian owner appealed their assessment, then the drainage tribunal would review the design of the system and would immediately question the need for such a system under this petition and the appealant would win the appeal, as the system required to drain their rear yards would be too extensive a system to drain only the roadway. The undersigned has discussed the matter with the Ministry of Agriculture and Food and since we have been appointed to prepare a preliminary report, there is only one way to avoid any further cost and that is to withdraw our appointment and if Mr.. J. Dunham does not appeal Council's decision, then the petition has been withdrawn. If we were to proceed, an on-site meeting would have to be arranged with the home- owners to fulfil the requirements of the Drainage Act and then a preliminary report would have to be filed outlining the drainage works and an estimated cost. Then a copy of the preliminary report must be sent to all the homeowners and a notice of the date of the council meeting at which the preliminary report will be considered. If Council's intention was not to drain the roadway, then to avoid any further costs, we would recommend that Council withdraw our appointment and if the homeowners feel they require drainage, then they should file their own petition under Section 4, Subsection 1A. If Council requires, the undersigned will appear before them to further discuss the situation. - Yours truly, Totten Sims Hubicki Associates Limited Consultants � ? k v� �)G'�G"U B.R. West, P. Eng. BRW:nw