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1. Residential flood relief aIDE AUX
VICTIMES DES INONDATIONS RÉSIDENTIELLES |
That Council approve:
1. The Residential Compassionate Grant Policy
for Sewer Backups as a Result of a Significant Rainfall Event as set forth in
document 1;
2. That Staff be directed to prepare an application form for this grant as well
as information for the website and for those inquiring about the grant program
and publicize the availability of this grant and its immediate deadlines;
3. That
this grant
program be funded from the Wastewater Reserve Fund.
RecommandationS MODIFÉES DU Comité
Que le Conseil approuve :
1. la
politique sur les subventions à titre d'aide exceptionnelle aux résidents pour
refoulements d'égout à la suite d'averses excessives, telle qu'elle est énoncée
dans le document 1;
2. qu'il
sera demandé au personnel d'établir un formulaire de demande de subvention, de
préparer de l'information à publier sur le site Web et à communiquer aux
personnes s'informant du programme de subventions et d'annoncer l'existence de
la subvention et les délais pour présenter une demande;
3. que ce programme de subventions sera
financé à partir du fonds de réserve pour les eaux usées.
Documentation
1.
Draft
Residential Compassionate Grant Policy for Sewer Backups
2.
Deputy
City Manager's report, Infrastructure Services and Community Sustainability,
dated 15 October 2009 (AC S2009-ICS-ESD-0002).
3.
Extract
of Draft Minutes, 10 November 2009.
4.
Extract
of Minutes, 27 October 2009.
PROPOSED
RESIDENTIAL
COMPASSIONATE GRANT POLICY FOR SEWER BACKUPS AS A RESULT OF A SIGNIFICANT
RAINFALL EVENT
The City of Ottawa may provide a $1,000 compassionate grant to residential properties (owners and/or tenants) that have been flooded three or more times within the previous fifteen-year period by a significant sanitary or storm sewer back-up resulting from a significant rainfall. This compassionate grant will only be provided for once in any calendar year.
Notwithstanding other forms of assistance that may be provided to residents, the provision of a grant to a resident is based on compassionate grounds only, and is not to be construed as admission of any liability on the part of the City of Ottawa.
Any funds paid under this program will be deducted from any potential future claim payment in order to avoid the duplication of damage payments. This program would not be implemented where disaster relief is provided by another level of government (i.e. Ontario Disaster Relief Assistance Program).
Payment of a grant to a resident (owner and/or tenant), with proof of more than $1,000 in damages, may be provided to residents when they are not in tax arrears, and when they meet the established eligibility criteria.
This policy will initially include properties that have had three or more floodings caused by a sewer back-up within the 15 year period from January 1, 1995 to December 31, 2009 who apply within the time frame listed below under eligibility. Commencing January 1, 2010 this policy will only apply to those properties recording a new sewer back-up that is the third or more back-up from that date back no more than 15 years.
Program
The City will establish and administer the Residential Compassionate Grant Program. The Program will be funded from the Wastewater Reserve Fund.
To be eligible for a grant, the following criteria must be met:
1. Applications for the first round of grants for properties flooded at least three times during the past fifteen-year period, between January 1, 1995 and September 1, 2009 must be received by the City prior to February 28, 2010.
2. Applications for a grant for properties flooded as a result of a major rainfall event and subsequent sewer back-up on or after September 1, 2009 must be reported to the City within 4 months of the incident to be considered for a grant.
3. Applicants shall provide photographs and invoices confirming the three incidents of flooding at the property.
4. Where documentation confirming 3 above is insufficient, the applicant must provide a sworn affidavit, at their own cost, confirming the three flooding incidents.
5. Applicants shall also provide documentation confirming ownership or tenancy of their residence during the three incidents of flooding.
6. The value of the damages sustained by the resident must be more than $1,000, and sustained as a result of the most recent flooding.
1. Applications for a compassionate grant must be received by the City and/or its agent no later than 4 months (120 days) from the date of the last flooding.
2. Applications for a grant under Eligibility criteria 1 above must be received in writing no later than February 28, 2010.
3.
Only one application for each residential
property is eligible except where the property is occupied by a tenant in which
case the owner may also be eligible.
4. Payment of such grants be made to the owner only if the property is not in tax arrears.
Section 107 of the Municipal Act enables municipalities to provide grants to residents for any purposes that the council “considers to be in the interests of the municipality”.
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
October 15, 2009 / le 15 octobre
2009
Submitted
by/Soumis par: Nancy Schepers, Deputy City Manager /
Directrice munipale adjointe, Infrastructure Services and Community
Sustainability /
Services d’infrastructure et Viabilité des collectivités
Contact Person/Personne ressource : Dixon Weir, General Manager/Directeur
général
Environmental
Services/Services environnementaux
(613)
580-2424 x22002, Dixon.Weir@ottawa.ca
SUBJECT:
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OBJET:
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That the Planning and Environment Committee
recommend Council receive this report for information.
Que le Comité de l'urbanisme et de
l'environnement recommande au Conseil de prendre connaissance
du présent rapport.
On September 2, 2009, Council considered a number of
additional actions to be taken as a result of the July 24, 2009 major rainfall
event. Council then referred a motion
by Councillor Wilkinson regarding Interim Residential Flood Relief Assistance
to the Planning and Environment Committee for a full policy discussion no later
than the end of October 2009. This
report brings that referral back to Committee and provides the information
required for a policy discussion.
The Council motion referred to the Planning and
Environment Committee provides as follows:
WHEREAS
certain areas in the City of Ottawa experienced a major rainfall event on July
24th, 2009;
AND WHEREAS
flooding occurred in some areas impacted by the rainfall;
AND WHEREAS
Section 107 of the Municipal Act enables municipalities to provide grants to
residents for any purposes that the council “considers to be in the interests
of the municipality”;
AND WHEREAS
without admitting liability, the City of Ottawa seeks to provide interim
assistance to claims of residents’ properties that have been flooded three
times within any fifteen-year period;
THEREFORE
BE IT RESOLVED THAT:
1. Residents
of properties that have been flooded three times within any fifteen-year period
be provided with a compassionate grant in an amount of $1,000;
2. Payment of
such claims be based on compassionate grounds only and not be construed as an
admission of liability on the part of the City of Ottawa;
3. Any funds
paid under this program will be deducted from any potential future claim
settlement to avoid duplication of damage payments;
4. This Grant
Program be funded from the Wastewater Reserve Fund.
Under Section 107 of the Municipal Act
municipalities may provide grants to residents for any purposes that the
Council “considers to be in the interests of the municipality”. There are no existing precedents where an
Ontario municipality has paid residents a compassionate grant as a result of
flood damages except where there has been denial to a request for assistance
under the Ontario Disaster Relief Assistance Plan or the municipality first
considers applying for relief under that program. The City of Hamilton provides the only example of a municipality
that has developed its own Residential Municipal Disaster Relief Assistance
Program for Basement Flooding.
Under the proposed motion, if an owner/tenant first
verifies their residency status and that they have been flooded three times
within any 15-year period through the provision of documentation or a sworn
affidavit, they would be eligible for payment of a one-time grant in the amount
of $1,000, regardless of the cause and regardless of whether insurance was
available to them.
The cost of a proposed one-time grant program is
unknown because a) data for residences that have flooded three times in 15
years is not available, and b) data collected post-amalgamation was not
collected for the purpose of administering a grant program. Approximately 1,200 residents were
flooded on July 24, 2009, but because there is no requirement to report
flooding, this number is not reliable for the purpose of estimating the cost of
a one-time grant program. Should
Council approve a one-time grant program based only on the numbers of
self-identified 1,200 claimants, the cost would be $1.2M.
Legal/Risk Management Implications
There are no legal or risk management impediments to approving the recommendation in this report.
Financial Implications:
Should Council approve implementation of the compassionate grant program, funding of $1.2 million for the grants and $200,000 to support the administration of the program would be required. Due to the lack of resources available within the Environmental Services Department, it is anticipated that the service would be contracted out. Total funding requirements of $1.4 million would be available in the Wastewater Reserve Fund to be transferred to a dedicated capital project established for this program.
Public Consultation/Input:
The City Clerk and Solicitor Department was consulted as regards the municipal authority for providing grants, risk mitigation and establishing eligibility criteria.
The Financial Services Department has confirmed that funds exist within the Wastewater Reserve to support an Interim Residential Flood Relief Assistance Program.
Le 2 septembre 2009, le Conseil a examiné un certain nombre de mesures
supplémentaires possibles à prendre pour remédier aux dommages causés par les
importantes pluies du 24 juillet 2009.
Le Conseil a pris acte d’une motion proposée par le conseiller Wilkinson
au Comité de l'urbanisme et de l'environnement concernant un programme d’aide
intérimaire aux victimes d’inondation résidentielle, en vue d’une discussion
sur la politique globale au plus tard à la fin d’octobre 2009. Le présent
rapport rappelle cette recommandation au Comité et fournit l’information
nécessaire à un débat plus approfondi.
La motion du Conseil soumise
au Comité de l’urbanisme et de l’environnement est la suivante :
ATTENDU QUE de violentes précipitations ont été
observées dans certains secteurs de la ville d’Ottawa le 24 juillet 2009;
ATTENDU QUE des inondations se sont produites dans
certains secteurs touchés par ces précipitations;
ATTENDU QUE l’article 107 de la Loi sur les
municipalités permet aux municipalités
d’accorder des subventions aux résidents pour tout motif jugé « dans
l’intérêt de la municipalité » par le Conseil;
ATTENDU QUE, sans admettre sa responsabilité, la
Ville d’Ottawa cherche à offrir une assistance provisoire aux résidents faisant
des réclamations pour leur propriété inondée trois fois au cours d’une période
de quinze ans;
1.
qu’une
subvention pour motifs de compassion de 1 000 dollars soit versée
aux résidents; des propriétés qui ont
été inondées trois fois au cours d’une période de 15 ans donnée.
2.
que
l’acceptation de ces réclamations soit fondée uniquement sur des motifs de
compassion et qu’elle ne puisse être considérée comme une preuve d’admission de
responsabilité de la part de la Ville d’Ottawa;
3.
que tout
paiement effectué en vertu de ce programme soit déduit de tout versement de
règlement ultérieur afin d’éviter le chevauchement des paiements pour dommages.
4.
que ce
programme soit financé à même le fonds de réserve pour les eaux usées.
En vertu de l’article 107 de la Loi sur les municipalités, les
municipalités ont le pouvoir de verser des subventions à des fins que le
Conseil juge dans l’intérêt de la municipalité. Il n’existe pas de précédents où une municipalité de l’Ontario aurait
versé à ses résidents une subvention pour motifs de compassion en conséquence
de dommages causés par une inondation, sauf lorsqu’il y a eu un refus de
demande d’aide en vertu du Programme ontarien de secours aux sinistrés ou
lorsque la municipalité pense elle-même à demander de l’aide en vertu de ce
programme. La ville d’Hamilton
constitue le seul exemple d’une municipalité qui a mis au point son propre
programme d’aide résidentielle aux sinistrés pour les inondations de sous-sols.
En vertu de la motion proposée, si un
propriétaire/locataire vérifie d’abord son statut de résidence par le biais de
documents ou d’une déclaration sous serment et qu’il a été inondé trois fois en
moins de quinze ans, il serait admissible au paiement d’une subvention ponctuelle
d’un montant de 1 000 $, indépendamment de la cause et du fait qu’il avait
une assurance ou pas.
Le coût d’un éventuel
programme de subvention non-renouvelable n’est pas connu parce que a) les
données sur les résidences inondées trois fois en quinze ans ne sont pas
disponibles, et b) les données recueillies après la fusion ne l’ont pas
été dans le but d’administrer un programme de subvention. Environ 1 200
résidents ont subi une inondation le 24 juillet 2009 mais, puisqu’il n’est pas
obligatoire de signaler ces inondations, ce chiffre n’est pas exploitable pour
l’estimation du coût d’un programme de subvention non-renouvelable. Si le
Conseil devait approuver un programme de subvention non-renouvelable en ne
tenant compte que des 1 200 demandeurs qui se sont manifestés, son
coût serait de 1,2 million de dollars.
Incidences d'ordre juridique et sur
la gestion des risques
L'approbation de la recommandation contenue
dans le présent rapport n'aura aucune incidences d'ordre juridique et sur la
gestion des risques.
Incidences financières
Si le Conseil devait approuver la mise en œuvre
du programme de subventions à titre d'aide exceptionnelle, un financement de
1,2 million de dollars pour les subventions et de 200 000 $ pour
l'administration du programme serait nécessaire. Comme les Services
environnementaux ne disposent pas des ressources voulues, il est prévu que le
service proposé devra être confié à l'entreprise. Le financement nécessaire,
1,4 million de dollars au total, pourrait être prélevé sur le Fonds de
réserve pour les eaux usées et transféré à un projet d'immobilisation spécial à
établir pour ce programme.
Consultation
Le greffier municipal et chef du contentieux a
été consulté pour ce qui est du pouvoir de la Ville d'accorder les subventions,
de l'atténuation des risques et de l'établissement des critères
d'admissibilité.
Les Services financiers ont confirmé que les
sommes sont disponibles dans le Fonds de réserve pour les eaux usées pour
soutenir le Programme d'aide temporaire aux résidents victimes d'inondations.
Options
for Financial Assistance
Some Ontario Municipal Councils have declared
disasters due to flooding either for the purpose of making an application under
the Ontario Disaster Relief Assistance Program (ODRAP) or applying their own
Residential Municipal Relief Assistance Plan.
Preliminary research confirms that many smaller
northwestern Ontario municipalities and several municipalities in the
Peterborough area have declared disasters within the past 10 years, and were
successful in their request under ODRAP for financial assistance. Only a few larger municipalities have
applied, and they were not successful in receiving ODRAP relief for flood
events. The Minister of Municipal
Affairs and Housing deemed the municipality to have sufficient resources of
their own, and the event was within the municipality’s ability to manage.
Council
requests for financial relief under ODRAP require submission of an application
with a resolution declaring a disaster within 14 days of the event. The Minister of Municipal Affairs and
Housing has absolute discretion in declaring a disaster and will consider the
capacity of the community to respond to the disaster in making a decision about
assistance. The Minister will also
receive commentary from the Local Ministry of Municipal Affairs and Housing
Office regarding the Municipality’s Financial Information Returns and its
ability to pay. In the past, the
Ministry has considered whether the value of damages exceeds two per cent of
the municipality’s own purpose taxation.
More details concerning the Ontario Disaster Relief Assistance Program
can be reviewed at http://www.mah.gov.on.ca/AssetFactory.aspx?did=6903. It should also be noted that the ODRAP
guidelines specifically exclude damage caused by sewage backup.
The
City of Sudbury recently declared a disaster and applied for ODRAP relief when
590 homes were affected by flooding.
According to the 2008 Financial Information Returns, the City of
Sudbury’s Own Purpose Taxation was $179,758,303 and two per cent of this amount
is $3,595,166. In the case of Sudbury
however, Ministry staff has advised that “if the City cannot manage locally to
assist those victims you could document that for our consideration” suggesting
that other factors may weigh into the final decision of the Minister. The Sudbury request for assistance was
finally denied as of September 28, 2009.
The
following table summarizes the results of a survey of some Ontario
municipalities that have provided financial assistance for flood victims:
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SURVEY OF MUNICIPALITIES PROVIDING FINANCIAL ASSISTANCE FOR FLOOD VICTIMS |
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Municipality |
Provision of Compassionate Grant |
Provision of Other Financial Assistance |
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Halton |
No |
Yes (protective plumbing) |
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Hamilton |
$1,000 maximum per flood |
Yes (protective plumbing) |
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Ottawa |
No |
Yes (protective plumbing) |
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Peterborough |
No |
Yes (protective plumbing) |
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Stratford |
No |
Yes (protective plumbing) |
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Chatham-Kent |
No |
Not available |
Many
municipalities surveyed provide plumbing subsidy programs to their
residents. In addition to a plumbing
subsidy for flood mitigation purposes, the City of Hamilton appears to have the
only municipal residential relief assistance program in the Province, which is
based upon ODRAP.
Hamilton
Model
The
City of Hamilton has experienced 10 severe rainfall events over a five-year
period. Hamilton Council approved the
creation of an Independent Community Panel for storm events in 2005, and
appointed members who brought a range of expertise in flood prevention, climate
change, insurance, stormwater management, and landscaping to the Panel. The outcome of the work undertaken by this
Panel was the establishment of a grant program in August 2006, “for residential
homeowners or tenants within the defined area who sustained damages as a result
of basement flooding from a severe rainstorm event which Council declares to be
a ‘Disaster’ in accordance with the criteria”.
Hamilton
made at least two applications to the Minister of Municipal Affairs and Housing
under ODRAP. However, based on ODRAP
funding criteria, the level of damage did not meet a magnitude that was beyond
that municipality’s ability to manage, and therefore, did not warrant
Provincial assistance. The establishment
of their Residential Municipal Relief Assistance Program in 2006 was in direct
response to denial of the municipality’s application for assistance under
ODRAP. Implementation of its own
residential disaster relief program for basement flooding permitted the City to
assist those victims of basement flooding who had been disadvantaged and did
not have insurance coverage. Given
their familiarity with the eligibility criteria under ODRAP, Hamilton has
invoked its own program by declaring a rainstorm event a “Disaster” for the
purpose of providing relief, knowing that the extent of the disaster and the
damages sustained did not appear to be close to the formula requirements at
which other levels of government would provide aid.
Hamilton
City Council has invoked its relief program for rainstorm events on numerous
occasions, the cost of associated claims which were funded from their
Residential Municipal Disaster Relief Program Reserve. This reserve was supported equally from the
City’s Waterworks, Sanitary Sewer and Storm Reserves. The City also retained an independent adjuster for the
administration of claims under the program.
Hamilton
City Council invokes its Residential Municipal Relief Assistance Program for
Basement Flooding based on geographical boundaries. In some instances, it has declared disasters for all affected
properties within the boundaries of the City.
Eligibility criteria specify that the residential property must be
within the boundaries of the declared disaster area and suffered basement
flooding directly related to a severe rainstorm event. In at least one instance, the City also
declared a disaster and provided relief as a result of a watermain break.
Current
funding limits under the Hamilton program were based on a maximum of $1,000 per
claim. This is an amount that was
determined to be representative of the average amount raised by the
Peterborough community which had applied for ODRAP relief following its 2004
flood disaster. Funds raised by the
Peterborough local community were matched 2:1 by the Province.
The
Hamilton Residential Municipal Relief Assistance Program is based on
ODRAP. Its eligibility criteria exclude
those residents who are currently in litigation with the City, and any funds
paid under the program are deducted from any future claim settlement to avoid
duplication of damage payments.
The eligibility criteria can be reviewed under
Document 1 to this report, and it is summarized as follows:
Ø
Residential property
must be within the boundaries of the declared disaster area and suffered
basement flooding directly related to the severe rainstorm event;
Ø
Losses not
covered by insurance;
Ø
Private residential
owners and/or tenants; and
Ø
Damages fall into the
categories of eligible losses and costs.
The Hamilton program also includes an approved list
of eligible and ineligible losses and costs.
The list does not include the cost of either isolation or commencement
of utility services i.e. gas, hydro, etc.
It would be in order to include these costs in a list of eligibility
criteria for Ottawa residents, should Council wish to establish a more
comprehensive program. In addition, a
limitation of 120 days time was established within which the municipality would
receive applications for a compassionate grant under the Residential Municipal
Disaster Relief Assistance Program.
Only one application for each residential property is eligible where the
property is occupied by a tenant, in which case the owner may also be eligible.
The
total numbers of grant applications submitted for either heavy rain or
watermain break events totalled 4,163. The 2,820 homeowner grant payments cost
approximately $1.9 million and an additional $231,000 in administration costs
for handling and adjusting the grant applications.
As of July 26, 2009 (assuming a maximum grant of
$1,000), Hamilton forecasts that between 4,000 and 5,000 requests for
applications will be made, between 2,720 and 3,400 applications for grants will
be approved for a forecasted grant pay out of approximately $2,040,000 to
$2,550,000.
There are several matters before Committee in considering the motion referred to it by Council on September 2nd. This report is intended to assist Committee by providing the results of research undertaken since that date, as well as an analysis of the motion, and some options for its implementation. Staff is prepared to take whatever direction Committee and Council determine is appropriate.
The proposed motion referred to the Planning and
Environment Committee provides as follows:
WHEREAS
certain areas in the City of Ottawa experienced a major rainfall event on July
24th, 2009;
AND
WHEREAS flooding occurred in some areas impacted by the rainfall;
AND WHEREAS
Section 107 of the Municipal Act enables municipalities to provide grants to
residents for any purposes that the council “considers to be in the interests
of the municipality”;
AND WHEREAS
without admitting liability, the City of Ottawa seeks to provide interim
assistance to claims of residents’ properties that have been flooded three
times within any fifteen-year period;
THEREFORE
BE IT RESOLVED THAT:
1. Residents
of properties that have been flooded three times within any fifteen-year period
be provided with a compassionate grant in an amount of $1,000;
2. Payment of
such claims be based on compassionate grounds only and not be construed as an
admission of liability on the part of the City of Ottawa;
3. Any funds
paid under this program will be deducted from any potential future claim
settlement to avoid duplication of damage payments;
4. This Grant Program be funded from the
Wastewater Reserve Fund.
Under the
proposed motion, if an owner/tenant first verifies their residency status and
that they have been flooded three times within any 15-year period through the
provision of documentation or a sworn affidavit, they would be eligible for
payment of a one-time grant in the amount of $1,000, regardless of the cause
and regardless of whether insurance was available to them.
Program
Options and Cost
There is a lack of reliable data upon which to base
a cost estimate for a one-time grant program.
There is an existing body of thousands of work orders for floods dating
back to 2002, but there is no ability to retrieve pre-amalgamation records. The existing data was not collected for the
purpose of administering a one-time grant program, and therefore additional
resources of approximately $200,000 would be required to support the necessary
task of refining the data and administering a one-time grant program, together
with the cost of the grants at $1,000 per grant. Approximately 1,200 residents were flooded on July 24, 2009, but
because there is no requirement to report flooding, this number is not reliable
for the purpose of estimating the cost of a one-time grant program. Should Council approve a one-time grant
program based only on the numbers of self-identified 1,200 claimants, the cost
would be $1.2M.
There is also an option to develop a longer term program, inclusive of eligibility criteria and a budget. This option could be modelled on the Hamilton program that was established in 2006, the details of which are described under the Background section of this report.
Scope of the
motion
It is uncertain that it is Council’s intent to
provide a $1,000 compassionate grant to residents who experienced flooding
three times within a fifteen-year period
a.
regardless of the
amount of damages incurred,
b.
the cause of the
damages, and
c.
regardless of whether
insurance coverage was available to them.
If this is the intent behind the proposed motion,
there is a potential for at least the 1,200 known victims from the latest July
24, 2009 flood as well as the victims of other flooding events across the City
to fall within the scope of this proposal.
It is also unclear whether both private and public residences would be
included.
Eligibility
In terms of
eligibility, the Wilkinson motion only speaks to “residents of properties that
have been flooded three times within any 15-year period”. The motion also proposes provision of a $1,000 grant based on
compassionate grounds only and not to be construed as an admission of liability
on the part of the City of Ottawa to those residents of properties that have
been flooded three times within any 15-year period. According to the motion, “Any funds paid under this program will
be deducted from any potential future claim settlement to avoid duplication of
damage payments”.
Since there is no onus on residents to report floods
in the home and current records cannot substantiate all of the properties that
have been flooded three times within a 15-year period, then residents who may
apply for a one-time compassionate grant should at least prove through receipts
or photographs that:
a.
They were either an
owner or tenant of a residential property flooded for all three events and that
the severe rainfall on July 24, 2009 is one of those three events,
b.
If unable to verify
residency and three incidents of flooding through available documentation, the
resident should be required to provide a sworn affidavit to this effect, the
cost of which would be borne by the owner or tenant, and
c.
The owner is not in
tax arrears.
All applications for a compassionate
grant should be received by a specified date.
Should
Council decide to support the motion, staff suggest some minor amendments to
the wording in the first substantive clause of the motion so that it reads “To assist the owner or the tenant of a
residential property that was affected by the major rainfall event July 24,
2009 and that has sustained flooding of the interior of their principal
residence”…. This would clarify
that either an“owner and a tenant” of
residential properties is eligible to apply and that the intent is to consider “interior” and not “surface” flood damage.
Precedents
There are no existing precedents where an Ontario
municipality has paid residents a compassionate grant following their
sustaining flood damages, except where there has been denial to a request for
assistance under the Ontario Disaster Relief Assistance Plan, or at least having
first considered ODRAP. Under the
Hamilton model, the Residential Municipal Disaster Relief Assistance Program
for Basement Flooding would not be implemented where disaster relief is
provided under ODRAP.
Only the owner or tenant of residential property
with proof of a flooded dwelling (regardless of whether they reside in a
freehold or condominium property) would be eligible for a compassionate
grant. Section 106 of the Municipal
Act prevents the City from providing grants to manufacturing businesses,
industrial or commercial enterprises.
As such, this type of program would not
extend to institutional, commercial or industrial properties, or to
high-density multi-residential properties.
The definition of residential properties would only extend to low-density
properties such as single family, town homes and low density multi-residential.
The City Clerk and Solicitor Department was consulted as regards the municipal authority for providing grants, risk mitigation and establishing eligibility criteria.
The Financial Services Department has confirmed that funds exist within the Wastewater Reserve to support an Interim Residential Flood Relief Assistance Program.
There are no legal or risk management impediments to approving the recommendation in this report.
Should Council approve implementation of the compassionate grant program, funding of $1.2 million for the grants and $200,000 to support the administration of the program would be required. Due to the lack of resources available within the Environmental Services Department, it is anticipated that the service would be contracted out. Total funding requirements of $1.4 million would be available in the Wastewater Reserve Fund to be transferred to a dedicated capital project established for this program.
SUPPORTING
DOCUMENTATION
Document 1 – Hamilton Eligibility Criteria
Staff will take direction from Committee and Council.
HAMILTON ELIGIBILITY CRITERIA DOCUMENT 1
HAMILTON
ELIGIBILITY
CRITERIA
FOR
RESIDENTIAL
MUNICIPAL DISASTER RELIEF
ASSISTANCE PROGRAM FOR BASEMENT FLOODING
The eligibility and payment of any funds under the program is based on compassionate grounds only and is not to be construed as an admission of liability on the part of the City of Hamilton. Any funds paid under this program will be deducted from any potential future claim settlement to avoid duplication of damage payments. This program would not be implemented where disaster relief is provided by another level of government (i.e. Ontario Disaster Relief Assistance Program or ODRAP). In addition, residents who are currently in litigation with the City would not be eligible for assistance under this program.
To declare a Disaster resulting from a severe rainstorm event, Council shall, by resolution, clearly define the time frame and identify the boundaries within the City that are eligible for relief for basement flooding under this program.
To be eligible, the following criteria must be met:
7. The Residential property must be located within the boundaries of the declared disaster area and suffered basement flooding directly related to event
8. Losses sustained are not covered by insurance
9. Private residential owners and/or tenants
10. Damages fall into the categories of eligible losses and costs
1. Clean-up, restoration, repairs or replacement to pre-disaster condition to the basement of a principal residence
2. Utility costs associated with the isolation or commencement of services i.e. hydro and gas
3. Essential furnishings, including refrigerator, freezer, furnace, stove, clothes, washer and dryer
4. Tools or other items essential to the claimant’s livelihood
5. Emergency expenses (i.e. evacuation costs, food and shelter)
6. Perishable food
7. Insurance deductible
1. Losses covered by home insurance
Eligible losses include:
1. Costs of clean-up, restoration, repair or replacement to pre-disaster condition of a basements (i.e. floors, ceilings and walls)
2. Costs for clean-up of property for safety reasons or to provide access (i.e. debris removal) and
3. Costs of clean-up, restoration, repair or replacement of basic furniture damaged as a result of the disaster (i.e. major appliances)
Tenants
Eligible losses include:
Applications for a compassionate grant under the Residential Municipal Disaster Relief Assistance Program must be received by the City and/or its agent no later than 4 months (120 days) from the date that the event was declared as disaster by City Council.
Only one application for each residential property is eligible excerpt where the property is occupied by a tenant in which case the owner may also be eligible.
Residential flood relief
aIDE AUX
VICTIMES DES INONDATIONS RÉSIDENTIELLES
ACS2009-ICS-ESD-0002 City Wide/à l'échelle de la Ville
Councillor Wilkinson introduced the following motion, to be moved on her behalf by Councillor Feltmate. She noted it had been modified from the motion previously introduced at the October 27, 2009 meeting.
WHEREAS areas in the City of Ottawa experiences
major rainfall events from time to time, the most recent being on 24 July 2009;
AND WHEREAS flooding as the result of sewer back-ups
occurred in some areas impacted by such rainfall events;
AND WHEREAS Section 107 of the Municipal Act enables
municipalities to provide grants to residents for any purposes that the council
“considers to be in the interests of the municipality;”
AND WHEREAS Council considers it to be in the
interests of the municipality to provide a compassionate grant to residents’
properties that have been flooded by sewer back-ups a number of times;
AND WHEREAS, without admitting liability, the City
of Ottawa seeks to provide assistance in respect of residents’ properties that
have been flooded three or more times within the past fifteen-year period and
for each additional flood thereafter that meets the policy established for
assistance to those flooded by a sewer back-up;
THEREFORE BE IT RESOLVED THAT:
(1) The Planning and Environment Committee recommend to Council
approval of the Residential Compassionate Grant Policy for Sewer Backups as a
Result of a Significant Rainfall Event as set forth in document 1.
(2) Staff
be directed to prepare an application form for this grant as well as
information for the website and for those inquiring about the grant program and
publicize the availability of this grant and its immediate deadlines.
(3) This Grant Program be funded from the
Wastewater Reserve Fund.
Committee was also provided with a draft of the Residential Compassionate Grant Policy for Sewer Backups as a Result of a Significant Rainfall Event, as referenced in the motion.
Councillor Wilkinson noted she and Councillor Feltmate had met with staff to review the issue. She suggested the projections in the report of how many residents would have been flooded three or more times were too high. She proposed that the total number of eligible residents would be closer to 200 or 300, not the 1200 used as the basis for the cost estimate in the report. She highlighted the following aspects of the motion and proposed policy:
· The motion had was made more generic, in that it does not apply to one particular area.
· There is grandfathering for those who have been flooded three or more times in the past 15 years.
· The policy applies only to sewer backups, not flooding through other means.
· Those making a claim against the City would have the amount of the grant deducted from any settlement, so there would be no double dipping.
· The administration of the proposed grant program would be coordinated by City staff.
She suggested this program was in keeping with the City of Ottawa’s history of helping people who are disadvantaged, noting that many people in flooded areas are not well off, and by the time they are flooded the third time, they have little or no insurance. She urged Committee to support the motion as a sign of good faith towards those who have had such unfortunate things happen to them.
Chair Hume inquired as to why three was chosen as the number of floods required in order to obtain compensation. Councillor Wilkinson noted that if one flood were required the numbers would be quite high, and residents who had been flooded in the past and not compensated would be upset. She also noted that residents usually have insurance for the first flood. She explained that the requirement for three floods was arrived at after discussion with City staff as a way of indicating that the policy applies to continuous types of problems.
In response to further questions from the Chair as to why the policy did not target those without insurance, Councillor Wilkinson noted that some residents have minimal insurance that is not enough to cover all the costs, and even those who have insurance remaining after three floods often have to pay a very high deductible. She suggested a more general policy would also be simpler administratively.
Councillor Holmes suggested the proposed December 31 deadline to apply for the grant might not provide sufficient time for residents to gather the required documentation. Councillor Wilkinson accepted a friendly amendment to alter the policy to extend the deadline to February 28, 2010.
In response to questions from Councillor Doucet, Dixon Weir, General Manager of Environmental Services, suggested it was difficult to determine how many residents would apply for the grant. He noted that the basis upon which staff collected the data and the basis upon which the public has reported the incidents was not in relation to a $1000 grant program. He anticipated that the numbers of reported floodings would rise. By way of example, he noted that staff’s data on the Kanata area for the preceding seven years shows nobody had been flooded three times; however, anecdotal evidence from public meetings indicates otherwise. The magnitude of that difference has yet to be determined.
Moved by P. Feltmate:
WHEREAS areas in the City of Ottawa
experiences major rainfall events from time to time, the most recent being on
24 July 2009;
AND WHEREAS flooding as the result of sewer
back-ups occurred in some areas impacted by such rainfall events;
AND WHEREAS Section 107 of the Municipal
Act enables municipalities to provide grants to residents for any purposes
that the council “considers to be in the interests of the municipality;”
AND WHEREAS Council considers it to be in
the interests of the municipality to provide a compassionate grant to
residents’ properties that have been flooded by sewer back-ups a number of
times;
AND WHEREAS, without admitting liability,
the City of Ottawa seeks to provide assistance in respect of residents’
properties that have been flooded three or more times within the past
fifteen-year period and for each additional flood thereafter that meets the
policy established for assistance to those flooded by a sewer back-up;
THEREFORE BE IT RESOLVED THAT:
(1) The Planning and Environment Committee recommend to Council
approval of the Residential Compassionate Grant Policy for Sewer Backups as a
Result of a Significant Rainfall Event as set forth in document 1.
(2) Staff be directed to prepare an application form for this
grant as well as information for the website and for those inquiring about the
grant program and publicize the availability of this grant and its immediate
deadlines.
(3) This
Grant Program be funded from the Wastewater Reserve Fund.
CARRIED
P. Hume and G. Hunter dissented
That the Planning and Environment Committee recommend Council receive
this report for information.
received
Residential flood relief
aIDE AUX
VICTIMES DES INONDATIONS RÉSIDENTIELLES
ACS2009-ICS-ESD-0002 City Wide/à l'échelle de la Ville
Councillor Feltmate introduced the
following motion on behalf of Councillor Wilkinson:
WHERAS certain areas in the City of Ottawa experienced a major rainfall
event on 24 July 2009;
AND WHEREAS flooding as flooding as a result of sewer back-ups occurred
in some areas impacted by the rainfall;
AND WHEREAS Section 107 of the Municipal
Act enables municipalities to provide grants to residents for any
purposes that Council “considers to be in the interests of the municipality;”
AND WHEREAS Council considers it to be the interest of the City of
Ottawa to provide a compassionate grant;
AND WHEREAS, without admitting liability, the City of Ottawa seeks to
provide assistance in respect of residents’ properties that have been flooded
three times within a fifteen year period preceding July 24;
THEREFORE BE IT RESOLVED THAT
1.
That residents of properties that
have been flooded by building flooding from a sewer back-up as a result of a
major rainfall event at least three times within a fifteen-year period
preceding July 24, 2009 and including the event of July 24, 2009 be provided
with a compassionate grant in the amount of $1000.
2.
Provision of this grant will
commence with those impacted by flooding on July 24 and shall be ongoing from
that time.
3.
Any such flooding which occurs on or
after July 24, 2009 must be reported to the City within four months of the
incident to be considered for this grant.
4.
Applicants shall provide photographs
and invoices confirming the three incidents of flooding at the property and
that the cost of repairs is more than $1000 from the most recent flooding and
where documentation is insufficient, that the applicants provide a sworn
affidavit at their cost confirming the three incidents of flooding.
5.
Payment of such grants be made
provided that the property is not in tax arrears.
6.
Payment of such grants be based on
compassionate grounds only and not be construed as an admission of liability on
the part of the City of Ottawa;
7.
Any funds paid under this program will
be deducted from any potential future claim payment to avoid duplication of
damage payments;
8.
applications for this grant must be
received in writing no later than four months (120 days) from the date of
flooding. For the first grant payment based on the July 24, 2009 flooding this
time will be extended to 35 days after approval by Council.
9.
This grant program be funded from
the Wastewater Reserve Fund and be administered by the Councillors’ offices
responsible for reviewing applications for the Kanata Flood Relief Trust.
In response to questions from Chair
Hume, Councillor Feltmate clarified that the Kanata Flood Relief Trust was
evaluated by a group, made up of members of Councillor Wilkinson’s staff, a
member from the Red Cross and a member from the Western Ottawa Community
resource centre, with assistance from legal.
It was not exactly the Councillors’ offices.
In response to questions from
Councillor Monette as to whether this motion would take into consideration the
Orleans and Alta-Vista residents impacted by past flooding events, Dixon Weir,
General Manager of Environmental Services noted that the motion, as written,
would not be retroactive to those groups.
Rather, it would apply to those residents impacted on 24 July 2009 and
residents throughout the city going forward.
He suggested some of the wording might need to be adjusted in order to
ensure clarity.
In response to questions from
Councillor Hunter, Mr. Weir defined flooding ‘hotspots’ as frequently flooded
areas that consequently receive greater attention to sewer mains and lines. Mr.
Weir also clarified that these areas would be eligible for funding under the
motion only if they were flooded on 24 July 2009 by the heavy rainfall
activity, or thereafter.
Councillor Hunter stated he could
not support the motion, suggesting it puts the City in the awkward legal
position of offering support exclusively for flooding events that it cannot
control.
Councillor Monette said he would
reserve his commentary for the Council meeting, but that he would also not be
supporting the motion.
Councillor Holmes suggested the
genesis of the flooding issues was climate change, and that as such, the City
needs to decide if it will continue dealing with issues on an ad-hoc basis or
face the larger sustainability context now, similar to other municipalities.
The Councillor also identified multiple issues with allowing Councillor offices
to determine flood coverage eligibility. In keeping with those comments, Chair
Hume asked if there might not be better ways to spend the money and mitigate
flooding across the City.
In response to Councillor Qadri’s
offer to defer the motion to the next PEC meeting, Councillor Feltmate urged
the Committee to deal with the motion as soon as possible, out of respect for
all the constituents waiting for the City to move forward. Chair Hume suggested
that it would be helpful to know which applicants for the relief had been
flooded previously.
Councillor Hunter referenced the
presentation from Mr. Cooper on a previous item, which identified the cause for
Glen Cairn flooding as heavy rainfall as opposed to a residual effect of
climate change; further, he continued, the heavy rain fall atrophied existing
problems dating back to 1975 when the areas was initially made a Ministry Housing
endeavour. Councillor Feltmate cited that the major difference for the flooding
in Glen Cairn, as opposed to elsewhere in the City, was that many dollars has
already been spent to address the flooding issues there, and so residents
expect it to be fixed.
Moved by S. Qadri
That this item be deferred to the
next meeting of Planning and Environment Committee.
CARRIED
That the Planning and Environment Committee recommend Council receive
this report for information.
DEFERRED