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. 39 contained in Report No. 4 of the Toronto Community Council, headed "Drain Grant Appeal - 251 Bingham Avenue (East Toronto)".

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. 39 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

2000to4-39.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

  39

(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. 39 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 for 251 Bingham Avenue be denied.

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 denied Drain Grant application has been made by the property owners, Mr. David Saye and Mrs. Margaret Bowers, 251 Bingham Ave. The applicants are requesting to be reimbursed $1,016.50 for damages to a private drain due to roots from a tree located on City property across the street from their house.

Financial Implications:

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

Recommendat5ions:

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 June 29, 1999, drain expenses were incurred by Mr. David Saye and Ms. Margaret Bowers by reason of work performed to their drain system on private property. Drain repair invoices totalling $1,016.50 were submitted on July 14, 1999 for consideration under the Tree Root Removal and Grants Policy. The invoice indicates that the existing drain was excavated from the front wall to the propery line. The breather and existing clay pipe was removed and replaced with PVC pipe with a cleanout. Tree roots were observed in the drain by the contractor.

Staff have determined that there has 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.

On September 29, 1999, staff of the Urban Forestry Section investigated and reported that there are no trees, City or private at or nearby 251 Bingham Ave. On October 22, 1999 Mr. Saye and Ms. Bowers were notified in writing of the Urban Forestry Section's findings and were advised that their claim under the Drain Grant Program was denied.

In their letter dated January 10, 2000 to Councillor Jakobek, Mr. Saye and Ms. Bowers make reference to a large tree across the street and to other neighbors receiving grants. A check of City records indicate that grants were issued to 258 Bingham Ave., which is across the street from the subject residence, and to 239 Bingham Ave., which is some distance away.

Comments:

Staff denied the application from Mr Saye and Ms. Bowers based on the report from Urban Forestry. In the opinion of Water and Wastewater staff the tree on other side of the street is too far away to be a likely cause of the blocked drain. The drip line was observed to be some seven meters from the street line of 251 Bingham.

In addition, Water and Wastewater Services staff did not have the opportunity to verify the presence of tree roots in the private drain. It should be noted that staff have found roots in drains, in areas, where no trees have existed for many years.

Conclusions:

Forestry staff have concluded that there are no City trees close enough to 251 Bingham Ave. likely to have caused blockage to the private drain. As it is unlikely that the blockage was caused by a City tree, the appeal should be denied.

Contact:

Mike Siokalo, Manager of Operations and Maintenance

District 1, Area 1, Water and Wastewater Operations

Phone:392-9331

Fax:392-0378

E-Mail:msiokalo@toronto.ca

_________

(A copy of the letters, 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.)