Loading...
HomeMy WebLinkAboutWD-21-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of February 17, 1981. ITEM: WD-21-81. DATE: February 5, 1981. SUBJECT: Well, Somerville Drive, Orono. BACKGROUNn Following an allegation that the construction of a storm sewer on part of Somerville Drive and Division Street, Orono, had resulted in the dewatering of a neighbouring well, the matter was investigated by Staff in October, 1980, and it was decided that, as the cause of the dewatering was not easily determined, a Committee decision as to future action by the Town should be sought. Report WD-162-80 (attached) details the situation prevailing at the time and resulted in the passing, and adoption of, Resolution # W-301-80, as follows: "THAT Report WD-162-80 be A.eeeived and the D.utecto& o6 Pubt i.e WoAh&s pno vide 4uAtheA. .i.n4oAmati.on pkio& to making a neeommend- ati.on tegojtd%ng the weet o6 Mu. AAmtAong and A.epoA.t back and the matter be A. 4nAed to the Town'z Iwsmanee Company". In a subsequent discussion on the matter, I was advised by the Treasurer that he would liaise with the Insurance Company and advise this Department of the outcome. REPORT: On January 21, 1981, a memorandum from the Treasurer was received, attaching a brief letter from the Insurers stating that the Town of Newcastle was not, in their opinion, negligent and that there should be a denial of liability in the well dewatering. '1V ri t'f 1'x" WD-21-81 (2) Report, continued. . . The letter further states that "a detailed report was sub- mitted to your insurers in connection with this occurrence" and it is unclear whether this is in reference to Report WD-162-80 or to data collected by the insurance investigator; our files, perhaps, are incomplete in this respect but, in any event, it would appear that the matter has been adeq- uately resolved insofar as the Town's responsibility is concerned. It is noted that the Insurers have communicated with the property owner, and nothing has transpired as a result of same. RECOMMENDATION: THAT the foregoing be received for information and that Mrs. Armstrong be formally advised of the outcome of this matter, namely, that the Town of Newcastle has no liability for the dewatering of the well on the property situated at Somerville Drive, Orono. Al LA Mr)A A1�nl11I Fite # Y80 IN 2 (P) TO: Jack Dunham, D iAectoA o 6 Pccb.Uc Wokks FROM: Kea" Deguo,t, C.G.A. , TAea,6uAm DATE: January 16, 1981 SUBJECT: AAmstAong Wett DewateAing 7 bdi,eve you w.it 6.Lnd the attached .EettvL 6Aom L.V. WatkeA and As s o c,i.ate s I m mance Ad j"ti,ng Limited z e 6 exptanatoAy. L K. DegAoot. Att: JAN 2.1 f98 WORKS bEpT. TOWN OF NEW C;j --i.: I N S U R A N C E A D J U S T I N G LTD . SERVICING PICKC RItIG NEWCA,TLE BOWIAANVILLE PORT PERRY/ UXBRIDGE WHITBY � ORONO AJAX / ETC. 26 SIMCOE STREET N. - P.O. BOX 365 - OSHAWA, ONTARIO L1H 71-5 - TELEPHONE 725-4731 TORONTO CORE FOR OSHAWA TOLL FREE 686-2737 BRANCH OFFICE; 62 HARWOOD AVE. SOUTH - P.O. BOX 176 - AJAX, ONTARIO LIS 3C3 - TELEPHONE 683-3221 TORONTO CORE FOR AJAX TOLL FREE 683.3221 Our File No. R149 Report No. January 13 , 1981 Oshawa, Ontario L113 7L5 Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 ATTENTION : Klaas Degroot, C.G.A. Dear Sir : Re : Yourselves vs . Sheila Armstronq Further to your letter to our office of January 5th, 1981, we would advise that a detailed re ort was submitted to your insurers in connection with thi occurrence and they have suggested that there would be no negligence on behalf of the Town of Newcastle and we were instructed to deny liability to the third party . A letter of denial was submitted to Mrs . Armstrong under date of December 22nd, 1980 and no developments have transpired since . developments . FAN/jg lie will advise you if there are any further Yours very truly, L.V. WALKER AND ASSOCIATES INSURANCE ADJUSTING LTD. Per : Mr. Frank A. Nagy I CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L 1 C 3A6 October 31, 1980 Frank Cowan Company Ltd. Princeton, Ontario NOJ 1JO Dear Sirs: TELEPHONE 623-3379 Y80 IN 2 (P) Enclosed please find copies for various correspondence related to two incidents in which it is alleged that some operation of the Town is responsible for the dewatering of residential wells. I would be pleased if you would inform me if this situation is covered by the municipalities liability insiurance and what additional procedures that should be followed. KD/gh Encl, 11 / c.c. Jack DLlnham L/ Your very truly, Klaas root, C,G,A, Treasurer Nov 3 1980 W� TOWN nnnittcc _ 2 _ �J October 28, 1980 Tir. A.' McLaren was present relntive to exchange of properties, Station Street, Orono, lie stated that he Felt it was not a fair exchange and asked for compensation from the Town for the land which had been taken over the yr_ars for road widenill ;, lie suggested the property be appraised. Resolution #14-273-80 Hoved by Con. Trout, seconded by Colt. Clar'kc THAT Report WI}-144-80 be considered at this time, "CARRIED" Resolution M-274-80 Moved by Con. Prout, seconded by Con, Clarice , THAT the Director of Works be given authority an appraisal of the property undertaken and reportr' back ,to this Committee. "CARRIED" Mr. Bill Couch told the Committee that his well, il ]jacC��t to the Municilml Gravel Pit on part: of �ot 16; Concession 2, former. Township of Clarke was heini; (leW,l tered as the result- of granular extractions by the Town. Resolution IiW-275-80 Kf ved,' by Con. Prout, seconded by Con. Holliday iI I'IIIAT �c')or t lJl)- 15(�-80 he considered n t this tim( . \� � CARRIrD Resolution SW-276-80 -- ��I IM712d� y Con. Clarke, seconded.by Con. Holliday ;III 1 (THAT I�he Director liaise attemj wath Iir. Couch immediately. rend be Riven to r e c ti I'y his w(? problem, and the Director it power to act. II "CA RR i H'1) AS AMhNI)I:i)" Ir I I r r 1 1' I t �I li�l ) ryr yl 1 -__ - t i I• I r ! I I � � kr3 Cauuni.ttce '1 ` Oc (abet 21i, 1980 I' I�I Resolution #W017-80 Gloved by Con. Holliday, seconded by Cron, grout THAT 'they foregol"g resolution be amended by adding I � Chat this action be implemented only after it has been Aught to the attention of ) I I p; the insurance company and wlLh their concurrence, in keeping C / With ,the; past request to the 'Treasurer and Town Manageriand the response be within a week. CARRIED" � Resolution #W-278-80 0• ICI I( i' I I, Well i Wl Con. Prout, seconded by Con. Clarke f I ( , II. ! I U111AT th following recommendation in Report ' 47 A' LQLO instillation be endorsed ,and, in respect of the ' of the the drainage system proposed Mr. , G. B. Wetherup, owner of lands in Lot 31, AnceQ1609, II 1. f ormer Township of Darlington, wherein the s stem is required to cross Town of Newcastle � I lands$ the Mayor and the Clerk be authorized to sign �, n !Mutu 1 Agreement in respect of same, and further ! ' ! that, any costs involved be b the applicant. ve borne by "CARRIED" WsolutLon #W-279-80 ' � Ia I ' Moved;' by Con, Trout, seconded by Con. Clarke Flt Pi I' THAT the recommendation in Report WD-142-80 be B it endorsed and : I + To p Re Y P . . ®. 1, Hampton Mill Pond Bridle be opened to s light vehicular traffic, and that a Weight Restriction By-law be passed and, effected with regard to the thoroughfare. I I, '2. WhIpreas Town of Newcastle equipment will be unable to cross the Hampton Mill Pc P Pond Bridge, Wipter Maintenance Assistance be arranged for the' upcoming season. I I. "CARRIED'' I , I Committee 1' 7 I j ;line I Newcastle II I III.{ I i) 9�! •I)� i% t u t 9 - i October 28; 1980 Resolution #W-298-80 Moved by Kayo r RI(,k.,ird, Seconded by Con. HoIIIday THAT the ;recommendation in WD-159-80 be endorsed and By-law 79-1 be amended and parking on the south side of Caroline Street, between Baldwin and Church Streets n I the Village of Newcastle, be prohibited. , I "CARRIED" Resolution #14-299•-80 Moved by 'Con. Holliday, seconded by Con. Trout THAT the recommendation in WD-160-80 be endorsed and Whereas parking on the South Service Road, adjacent; to the Car Auction, has created hazardous traffic ,eonditions, it is therefore recommended that Parking By-law 79-1 be amended and parking; on bpt4 sides or the South Service Road, in the area of '> he Car Auction, be prohibited. I "CA RR I I.D" i Resolution #14-300-80 Moved by ; Con, Prout, seconded by Con. Holliday I Il i'IlA''T� Rapoi rt W1)- IG1 -80 be- ruCelved and the reconunendatloil in Report WD-71-80 be endorsed and the road allowance in Lots '30 and '31 , Conr.ess ion 8 and 9, former Township Of Clarke be c l o;;c d rind a Rc;ri�l u t n l#W-1 'f5-80 ie nmcndc d cco�dinply. io , "CARRIED" Resolution //W-301-80 Ptove �Con. Holliday, seconded by, Con. Prout I 171ATI „ Re ort WD-162-80 be received and the Director Of Pjpjl Works provide fur�her information prior to maki 8, recommendation regarding the well of Mrs. S�©i ,a!:A matron}; and reportlback` and the matter be re,f I� R to the Town ' s Insurance Company. I I ii I I � .� • I j I , l ' il,lI ��I ,I ' I'; , ICI Ron �1� ncc, Lot 0 31 , Co •II 8' i 1 � � II (ri � �iil� 1I III j�,l II I III.{ I i) 9�! •I)� i% t u t 9 - i October 28; 1980 Resolution #W-298-80 Moved by Kayo r RI(,k.,ird, Seconded by Con. HoIIIday THAT the ;recommendation in WD-159-80 be endorsed and By-law 79-1 be amended and parking on the south side of Caroline Street, between Baldwin and Church Streets n I the Village of Newcastle, be prohibited. , I "CARRIED" Resolution #14-299•-80 Moved by 'Con. Holliday, seconded by Con. Trout THAT the recommendation in WD-160-80 be endorsed and Whereas parking on the South Service Road, adjacent; to the Car Auction, has created hazardous traffic ,eonditions, it is therefore recommended that Parking By-law 79-1 be amended and parking; on bpt4 sides or the South Service Road, in the area of '> he Car Auction, be prohibited. I "CA RR I I.D" i Resolution #14-300-80 Moved by ; Con, Prout, seconded by Con. Holliday I Il i'IlA''T� Rapoi rt W1)- IG1 -80 be- ruCelved and the reconunendatloil in Report WD-71-80 be endorsed and the road allowance in Lots '30 and '31 , Conr.ess ion 8 and 9, former Township Of Clarke be c l o;;c d rind a Rc;ri�l u t n l#W-1 'f5-80 ie nmcndc d cco�dinply. io , "CARRIED" Resolution //W-301-80 Ptove �Con. Holliday, seconded by, Con. Prout I 171ATI „ Re ort WD-162-80 be received and the Director Of Pjpjl Works provide fur�her information prior to maki 8, recommendation regarding the well of Mrs. S�©i ,a!:A matron}; and reportlback` and the matter be re,f I� R to the Town ' s Insurance Company. I I ii I I � .� • I j I , M G M 0 R A N D U M TO: K. DeGroot, Treasurer. FROM: J. Dunham, Director of Public Works. SUBJECT: Resolutions Nos. 14-276_80 & 277_80 DATE: December 8, 1980. Further to the subject Resolutions, which were passed by Public Works Committee on October 28, 1980, it would be of considerable assistance if you could advise me the outcome of the Insurance Company' s investigation into the matter of the wells in Orono belonging to PIr. Couch and Mrs. Armstrong. I look forward to hearing from you in the very near future. IUM OF NENCA.S"ILE PUBLIC �CN(S DFPAR1M,- F Director's Resort to Public Works Coandttee of October 28, 1980. I TEr1: WD-162-80. DATE: October 28, 1980. a SUBJECT: Well - Sonr2rville Drive, Orono. M . _►i1 The attached correspondence was referred by the Town Clerk for a Report to the Public Works Comluttee and is in regard to a claim that die water level in the owner's well has been affected due to storm sewer construction in Orono. On October 22, 1979, storm sewer consUructi.on cmDenced in Orono, on Sonmerville Drive and part of Division Street. On October 23rd it was determined that there were some properties, within a water- serviced area, which were still on a well system and, between October 23rd and 26th, 1979, it was found that, of two such wells, one was totally de-watered and the other was extremely low. ah October 25, 1979, elevations were taken in respect of the well on the property of Mrs. Armstrong (writer of the attached) and the depth of well, to water level, was 7.42 metres. Throughout tie balance of the 1979 contract the above situation changed very little, and this fact would indicate that the storm sewer dial not have any detrimental impact on the Armstrong well. REPORT: It is indicated in the correspondence (attached) that water prob- lems have been experienced since July 22, 1980, and the statement is made that, on August 30, 1980, tlhere were approximately 0.4572 metres of water therein. On October 22, 1980, Staff cheeped die Armstrong well and found approximately 0. 381 metres of water in same. CONCLUSION. In considering the foregoing it is difficult to exactly determine the precise cause of the apparent lack of water; whether it was due to the 1979 storm sewer construction or whether it was quite coincidental. In any event, further information is required prior to Staff n < coq miy recommendations as to remedial action (if: any) to be takers by time Town. �s CORPORATION OF Tf-;E TOWN OF NEWCASTLE OFFICE OF THE TOWN CLERK 110 I MPEI2ANCC SIkELi' BOWMANVILLE, ON fA1110 LIC 3A6 October 21 1980 Mrs. Sheila Armstrong, R. R. #1 Orono, Ontario 1,011 1h10 Dear Mrs. Armstrong: Thank you for your letter dated October 20 1980 regarding your well . Your letter has been referred to the Director of Public Works for a report to the Public Works Committee. We shall advise you of any further action taken. Yours very truly, JMM:not ,�.Toseilh M. McLlroy, A.M.C.T. ( , Town Clerk cc . Mr. J. Dunham rELEPIMNE/o23.3379 QP,J OCT 24 C ' 1980 TOWN ; :.wCASTLE ��- � agAoq;,, 6 /W-)/—(- c'?0, /980 RECEIVED OCT 21 1930 TOWN OF 14EWCASTLE L+2 0-1 17 --lto 6MZ- otu l 07 49 T� � �f �'�`�`"�"'�''����-�' •��?-�'�-�j�"p"�-moo z�� � • �'��'� _ -�-1��.�, off-,� /0?�2�