March 9, 2000

WORKS COMMITTEE

At its meeting held on February 29, March 1 and 2, 2000, the Council of the City of Toronto gave consideration to Clause No. 36 contained in Report No. 4 of the Toronto Community Council, headed "Drain Grant Appeal - 28 Silver Birch Avenue (East Avenue)".

During consideration of the foregoing Clause, City Council also had before it Clause No. 3 of Report No. 7 of the Works and Utilities Committee, entitled "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants Policy", which was adopted by City Council on May 11 and 12, 1999.

City Council:

(1)re-opened Clause No. 3 of Report No. 7 of The Works and Utilities Committee, headed "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants Policy", which was adopted, as amended, by City Council on May 11 and 12, 1999;

(2)struck out and referred Clause No. 36 of Report No. 4 of The Toronto Community Council to the Works Committee for further consideration; and

(3)requested the Commissioner of Works and Emergency Services to submit a report to the Works Committee, for consideration therewith, on the current drain grant appeal process and what amendments would be required to ensure an appropriate method for dealing with drain grant appeals.

Yours truly,

  City Clerk

Frances Pritchard/la

2000to4-36.let

c.:Commissioner of Works and Emergency Services

Director of Districts 1 and 2 and Wastewater Operations

Mr. Mike Siokalo, Manager of Operations and Maintenance, District 1

     Clause embodied in Report No. 4 of the Toronto Community Council, as adopted by the Council of the City of Toronto at its meeting held on February 29, March 1 and 2, 2000

  36

(City Council on February 29, March 1 and 2, 2000, re-opened Clause No. 3 of Report No. 7 of The Works and Utilities Committee, headed "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants Policy", which was adopted, as amended, by City Council on May 11 and 12, 1999, and struck out and referred Clause No. 36 of Report No. 4 of The Toronto Community Council to the Works Committee for further consideration.

Council also adopted the following recommendation:

"It is recommended that the Commissioner of Works and Emergency Services be requested to submit a report to the Works Committee, for consideration therewith, on the current drain grant appeal process and what amendments would be required to ensure an appropriate method for dealing with drain grant appeals.")

The Toronto Community Council recommends that the appeal for a drain claim grant in the amount of $3,943.99 for 28 Silver Birch Avenue be allowed, funds to be provided from the Water and Wastewater Services Division's 2000 Preliminary Operating Budget.

The Toronto Community Council submits the following report (January 31, 2000) from the Director of Districts 1 and 2 Water and Wastewater Operations:

Purpose:

An appeal to a drain Grant Claim gas been made by the property owner, Mr. John Cole, 28 Silver Birch Avenue. The applicant is requesting to be reimbursed for snakings, for repairs to the interior drain piping under his basement floor, and for additional funds over and above the limit of the Tree Roots Removal and Grant Policy for repairs to external drain piping.

Financial Implications:

There are currently sufficient funds in the Water and Wastewater Services Division's 2000 Preliminary Operating Budget to cover this appeal.

Recommendations:

It is recommended that the appeal be denied.

Background:

City Council, at its meeting of May 11 and 12, 1999 adopted, as amended, Clause 3 of Works and Utility Committee Report No. 7, entitled "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants Policy". Under the Policy the City provides grant assistance for repairs to private drains, between the City property line and the building, where the blockage is the result of roots from a City tree and is verified by City staff.

The Policy also provides the homeowner the opportunity to appeal for an enhanced grant and appear in deputation before Community Council when the grant application is denied or when total costs exceed the grant maximum.

On April 22, 1999 Mr. Cole had a blocked drain due to tree roots. The blockage was snaked and relieved by a contractor at a cost of $175.00. On May 19, 1999, the drain was again blocked by tree roots and was snaked and relieved by a contractor at a cost of $160.50.

On May 26, 1999 another drain blockage due to tree roots caused damage to the interior of the home from sewage backing up into the basement. Mr. Cole incurred costs of $5,293.29 to repair the water damage and was fully reimbursed by his insurance company.

On June 3, 1999 Mr. Cole had the exterior drain pipes replaced from street line to the exterior wall of 28 Silver Birch Avenue for a total cost of $3,852.00 of which $1,500.00 was subsequently reimbursed from the City through application to the Tree Root Removal and Grants Policy.

On June 24, 1999 Mr. Cole had the interior drain pipes replaced under his basement floor for a total cost of $4,387.00 of which $3,130.51 was reimbursed by his insurance company.

In his letter of October 7, 1999 Mr. Cole is appealing for payment of the following unreimbursed costs:

Both snaking jobs$335.50

Remainder of the cost of the exterior drain work

after the Drain Grant reimbursement$2,352.00

Remainder of the cost of the interior drain work

after Mr. Cole's insurance company's reimbursement$1,256.49

TOTAL APPEAL$3,943.99

Comments:

Staff have determined that there have been no prior grant applications and that the Works and Emergency Services' Dispatch Centre has no current record of any drain related calls for the subject address.

Staff were not called out to investigate the causes of the blockages, and as such, were unable to physically verify roots as the cause. Staff confirmed the presence of a tree on City property and approved the grant application on this basis. Mr. Cole, in his letter of October 7, 1999, indicated that the tree has been there for approximately ten years since it was planted by City staff to replace an older tree.

Staff have reviewed the costs with both the resident and the contractor and have determined that there are no extenuating circumstances to be considered in this appeal.

The Tree Root Removal and Grant Policy does not provide for reimbursement for costs incurred by the homeowner for internal drain work or for investigations carried out by private drain companies - i.e. snaking, plunging, closed circuit television inspection etc. Grant assistance is available only if the roots of a City-owned tree are blocking the private sewer connection pipe between the home's exterior foundation wall and the property line.

Conclusions:

Mr Cole's application for a grant was approved for the maximum amount of $1,500.00. His appeal for reimbursement related to snaking ($335.50) and interior drain work ($1,256.49) are not eligible under the Grant Policy and should be denied. His appeal for the remaining exterior costs ($2,352.00) is eligible for consideration under this appeal process. There are however no extenuating circumstances involved for Council's consideration.

Contact:

Mike Siokalo, Manager of Operations and Maintenance

District 1, Area, Water and Wastewater Operations

Phone:392-9331

Fax:392-0378

E-Mail:msiokalo@toronto.ca

_________

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, a communication (February 15, 2000) from Mr. John Cole, and a copy thereof is on file in the office of the City Clerk.

_________

Mr. John Cole, Toronto, Ontario, appeared before the Toronto Community Council in connection with the foregoing matter.

_________

(A copy of the letter, referred to in the foregoing report, was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on February 15, 2000, and a copy thereof is on file in the office of the City Clerk).

(City Council on February 29, March 1 and 2, 2000, had before it, during consideration of the foregoing Clause, a copy of Clause No. 3 of Report No. 7 of the Works and Utilities Committee, entitled "Sewer Connection Blockage Inspection and Repair Program, and Tree Root Removal and Grants Policy", which was adopted by the Council on May 11 and 12, 1999.)