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. 41 contained in Report No. 4 of the Toronto Community Council, headed "Drain Grant Appeal - 59 Gainsborough Road (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. 41 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

2000to4-41.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

  41

(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. 41 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 $850.65 for 59 Gainsborough Road 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 the Director of Districts 1 and 2 Water and Wastewater Operations:

Purpose:

An appeal to a denied Drain Grant Claim has been made by the property owner, Mr. Kevin Rotermund, 59 Gainsborough Road. The applicant is requesting to be reimbursed for$850.65 for repairs to the interior drain piping under his basement floor.

Financial Implications:

There are currently sufficient funds in the Water and Wastewater Services Division's 2000 Preliminary Operating Budget to cover all or any portion of 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 October 14, 1999, drain expenses were incurred by Mr. Kevin Rotermund by reason of work performed to the drain system in his basement due to tree root damages from a City tree. The total cost for the repairs in Mr. Rotermund's basement was $4,922.00. His insurance company reimbursed him $4,071.35, less the $250.00 deductible, leaving a balance of $850.65 for the uninsured cost of labour and material for installing the new drain pipes.

On October 18, 1999, Councilor Jakobek forwarded a letter from Mr. Rotermund, dated October 18, 1999 to MacLarens-Toplis, the City's Insurance Adjusters. On November 18, 1999, MacLarens-Toplis refered Mr. Rotermund's claim to Water and Wastewater Services staff for consideration under the Tree Root Removal and Grants Policy. On November 19, 1999, Mr. Rotermund was advised in writing that in accordance with the Grant Policy, reimbursement for internal drain work is not eligible.

Mr. Rotermund, in his letter to Councillor Jakobek, also indicates concerns regarding the exterior drain piping servicing his home. On November 22, 1999 staff attended the residence, cameraed the City portion of the drain and found it to be free of roots and in good condition. Staff contacted Mr. Rotermund, explained their findings and supplied him with a copy of the Blocked Sewer Connections brochure which contains the grant policy, procedures and application form in the event that he makes repairs to the exterior drain and wishes to apply for a grant.

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. There are no extenuating circumstances to be considered in this appeal.

Comments:

The Tree Root Removal and Grant Policy does not provide for reimbursement for costs incurred by the homeowner for internal drain work. 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:

Simply put, Mr Rotermund's original request for a grant was denied as the costs were not eligible under the new Policy. There are no extenuating circumstances involved, so this appeal should also 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 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.)