Water Services Upgrades

The Scarborough Community Council recommends the adoption of the following report (March 19, 1998) from the Director, Environmental Services, Scarborough, subject to amending recommendation (1) to read, as follows:

"(1) That no change be made in the policy regarding water service upgrades, pending the outcome of a trial to be conducted in Bridlewood and Terraview Willowfield area as a Local Improvement under Clause 4 of The Local Improvement Act; and"

Purpose:

To respond to Scarborough Council's direction of October 1, 1997 stating "to bring forward a report on a by-law pursuant to Section 220.1 of the Municipal Act to provide water service upgrades".

Funding Sources, Financial Implications and Impact Statement:

No new funding required at this time.

Recommendations:

(1) That no change be made in the policy regarding water service upgrades at this time; and

(2) staff continue to investigate and report back in conjunction with the report on water fees and services in the fall of 1998.

Council Reference/Background/History:

In 1997, the former Scarborough Public Utilities Commission was carrying out its watermain rehabilitation program in Scarborough Wards 3 and 10, now City of Toronto Ward 14 Scarborough Wexford.

The customers in these areas called the City stating that there was not enough pressure in the house. Pressure is not the issue, the volume of water is the real issue. When these homes were built they were not built with more than one bathroom, laundry area or kitchen. Now the homes have two or three bathrooms, a wet bar and maybe even two kitchens. Therefore, the existing service cannot provide enough volume for simultaneous multiple uses.

The former Scarborough Public Utilities Commission has a standard in place that they will take a flow test at the meter. They will measure the volume of water that flows through that point in the house. There is a minimum rate that has been established, and that is three gallons of water per minute. This is at the meter. If the customer does not get the three gallons per minute, then the City will do what is called a blow back of the customers service. This will blow air through the connection at the meter and out through the water main. In most cases the flow does improve but the degree of improvement does vary. If the customer does get three gallons per minute at the meter and they would still like to have a blow back done there is a charge for this service.

In the event that the customer that was not getting the three gallons per minute at the meter and a blow back was done and there is no improvement in the flow of water to the home, the City will dig at the street line and do another flow test. The standard at this point is a minimum of four gallons per minute. If this rate is achieved, then the customer is informed and the customer is told that the problem is on their side of the service connection. In the event that the four gallons is not reached then the City will install a new service connection from the water main to the street line free of charge.

If the flow is above four gallons per minute and the customer still wishes a new service, this is provided at a cost of $2,600.00 between the watermain and the streetline.

The above procedures are the standards that were set by the former Scarborough Public Utilities Commission. All of the other former cities in the new City have similar procedures that they do for the same issues. This is a result of the similarity of the concerns of our customers across the new City.

Comments and/or Discussion and/or Justification:

The Water and Wastewater Group under Interim Functional Lead, Mike Thorne, has identified both the level of service provided in the upgrading watermain services and the fee charged for such services as issues to be resolved prior to the 1999 Current Budget. There are sub groups now examining the issue with the expectation that a report covering this issue as well as others will be before City Council in the fall of 1998 which will set a standard policy across the City of Toronto.

Section 220.1(2) of the Municipal Act permits "a municipality to pass by-laws imposing fees or charges on any class of persons", further Section 220.1(11) permits the municipality to "add fees and charges imposed by the municipality under this section to the tax roll for any real property in the municipality all of the owners of which are responsible for paying the fees and charges and collect them in like manner as municipal taxes".

These clauses do not permit the owners to spread the payment over a period of years. The City could however enter into an agreement with each homeowner who requests an upgrade. This procedure would require significant administration costs especially if the agreement were registered on title.

Historically the common method for performing municipal work with the related costs being placed on the tax role of customers is the petition method of the Local Improvement Act. This method however, if successful requires that all residents of the area be involved even those who did not sign the petition. This method does not suit our needs in this case.

It is possible that existing water service piping within the road allowance could be undertaken by the City as a local improvement. Section 4 (1) of The Local Improvement Act R.S.O. 1990 c.L. 26 provides for the construction of water service piping without a petition, by a Council vote of two-thirds of all the members.

With regards to the portion of the water service on private property, meaning the portion between the property line and the wall of the building, it appears that the Local Improvement Act under s.4(2) may also provide similar authority as for the municipal side, however it requires consent from the homeowner.

The proposed process would be as follows: define area or group of customers, advertise possible upgrade, write consent of homeowners, Works and Emergency Services Department submit to Council successful areas, Council votes (i.e. two-thirds), pass by-law, Works and Emergency Services Department issue tender for work, fund by Local Improvement, amounts due would be placed on tax role. There are a number of logistics to be worked out in this process such as inspection, plumbing permits, work inside the dwelling, temporary supply etcetera. These would be in addition to the aforementioned process.

The City Law Department has reviewed this report.

Conclusions:

The Municipal Act permits the City of Toronto to put the cost of water service upgrades on the taxes of the serviced properties, but does not permit these charges to be spread over time. To accomplish this, The Local Improvement Act Section 4(1) could be used but significant administrative costs would result, therefore, the procedure should remain unchanged until there is a review of the water service policies for the entire City of Toronto to ensure a fit with the procedures for water services in general.

Contact Name:

R. T. Quinn,

Director, Environmental Services

Phone 396-7113

E-mail rtquinn@city.scarborough.on.ca

Martin Bugden,

Water Construction & Maintenance Manager

Phone 285-2002, E-Mail mbugde@spuc.org

The Scarborough Community Council also submits for the information of City Council, the following Resolution which was adopted by the Council of the former City of Scarborough at its meeting held on October 1, 1997:

"WHEREAS Scarborough Public Utilities Commission is currently undertaking necessary construction activity in Ward 3 and Ward 10 to improve the quality and flow of the existing watermain system; and

WHEREAS there are a number of residents in the City of Scarborough who wish to have their water services upgraded to increase the flow volume; and

WHEREAS it is possible to provide such upgraded services by means of the Local Improvement Act, which Act sets out provisions for petitions by impacted ratepayers and does not permit ratepayers to upgrade services on an individual basis; and

WHEREAS ratepayers who wish to upgrade their water service should be permitted to do so on an individual basis in a quick and easy manner at a cost that is fair and equitable to all ratepayers; and

WHEREAS Section 220.1 of The Municipal Act, as amended by Bill 26, provides that a municipality may pass by-laws dealing with fees or charges on any persons for services or activities provided; and

WHEREAS Section 220.1 could be used to provide requested services to ratepayers who want water service upgrading at a cost that is fair and equitable to all ratepayers; now

THEREFORE BE IT RESOLVED that the Commissioner of Works and Environment, in consultation with the Law Department and the Scarborough Public Utilities Commission, be directed to bring forward a report on a by-law pursuant to Section 220.1 of The Municipal Act to provide water service upgrades."