Minutes
Environment, Transportation & Public Safety Standing Committee
Wednesday, November 25, 2020

Louis Elters, Solicitor representing Naren Varma Pinnamaraju, Property Owner

Louis Elters, Solicitor representing Naren Varma Pinnamaraju, property owner, appears before the Environment, Transportation and Public Safety Standing Committee via video conference regarding the administrative report entitled “ Administrative Report under the Delegation of Authority – 4369, 4375, 4381, 4387 and 4393 Spago Crescent – Fence and Shed Encroachments, Ward 9, ” and requests information related to the structure that encroaches and the increased liability for maintenance costs which would be passed along to the homeowners.

Councillor McKenzie inquires about the liability piece and provides comment related to the City requiring access to the space. Mr. Elters indicates that his client may choose to withdraw his application and remove the fence rather than taking on the additional liability.

Councillor McKenzie inquires about the liability issue with administration and why the two clauses in the report are in place. Shelby Askin Hager, City Solicitor, appears before the Environment, Transportation and Public Safety Standing Committee via video conference regarding the administrative report entitled “ Administrative Report under the Delegation of Authority – 4369, 4375, 4381, 4387 and 4393 Spago Crescent – Fence and Shed Encroachments, Ward 9, ” and indicates whenever third parties are involved, it involves full indemnification and may involve removal of the encroachment, which would allow the City access as per standard practice.

Councillor McKenzie inquires as to the encroachment concerns. Adam Pillon, Manager of Right-of-Way, appears before the Environment, Transportation and Public Safety Standing Committee via video conference regarding the administrative report entitled “ Administrative Report under the Delegation of Authority – 4369, 4375, 4381, 4387 and 4393 Spago Crescent – Fence and Shed Encroachments, Ward 9, ” and indicates, related to the encroachment, that administration provided the clauses to allow for some flexibility of the committee. Mr. Pillon adds that related to the maintenance of the drain there are some clear concerns from administration.

Councillor McKenzie inquires about the concerns related to the actual maintenance of the drain.

Mark Winterton, City Engineer, appears before the Environment, Transportation and Public Safety Standing Committee via video conference regarding the administrative report entitled “ Administrative Report under the Delegation of Authority – 4369, 4375, 4381, 4387 and 4393 Spago Crescent – Fence and Shed Encroachments, Ward 9, ” and indicates that extra time to perform the maintenance may be required and smaller equipment may be required, which would be a minimal cost impact; working around the obstruction may take more time. Mr. Winterton indicates that if the flow was impeded, that would be a bigger liability and could involve more costs. Mr. Winterton adds that related to the municipal drain, the City is responsible for maintenance and that is why they recommended the denial. Mr. Winterton indicates that if the obstruction becomes an impediment to maintenance and flow, it can be removed. Mr. Winterton adds that if there was an urgent matter to tend to related to the drain, it may become a bigger issue as to removing the obstruction right away. As per the encroachment agreement, a standard condition would be that the City provide 60 days notice as a standard amount of time to remove the encroachment.