Item - 2022.GL32.1

Tracking Status

GL32.1 - Supplementary Report - No Fault Grant for Basement Flooding Damages

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council authorize the General Manager, Toronto Water to implement a recurring no-fault grant program for basement flooding damages, consisting recurring payments of $7,500 per property, available to eligible properties within the Rockcliffe Special Policy Area and hydraulically connected sewer catchment, where beneficial works have been identified by a completed Basement Flooding Environmental Assessment Study but the work is not yet commissioned and conduct the additional analysis required to refine the budget estimates for this program and include the funding required to implement the program as part of the 2023 Toronto Water Rate Budget submission.

 

2. City Council request a progress report on the results of this program in Rockcliffe for the early stages of the 2024 water rate budget, such report to also contain recommendations on the potential of a City-wide no fault grant program for basement flooding.

Background Information (Committee)

(May 24, 2022) Report and Attachments 1 - 3 from the General Manager, Toronto Water on Supplementary Report - No Fault Grant for Basement Flooding Damages
https://www.toronto.ca/legdocs/mmis/2022/gl/bgrd/backgroundfile-226999.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Gord Perks (Lost)

That City Council amend Recommendation 1 by deleting the word "Rockcliffe" and inserting the word "Any" so that it now reads as follows:

 

1. City Council authorize the General Manager, Toronto Water to implement a recurring no-fault grant program for basement flooding damages, consisting recurring payments of $7,500 per property, available to eligible properties within the Rockcliffe Any Special Policy Area and hydraulically connected sewer catchment, where beneficial works have been identified by a completed Basement Flooding EA Study but the work is not yet commissioned; and conduct the additional analysis required to refine the budget estimates for this program and include the funding required to implement the program as part of the 2023 Toronto Water Rate Budget submission.

Vote (Amend Item) Jul-21-2022 11:58 AM

Result: Lost Majority Required - GL32.1 - Perks - motion 1
Total members that voted Yes: 2 Members that voted Yes are Mike Layton, Gord Perks
Total members that voted No: 21 Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Mark Grimes, Stephen Holyday, Cynthia Lai, Nick Mantas, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Anthony Perruzza

2 - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That:

 

1. City Council request a progress report on the results of this program in Rockcliffe for the early stages of the 2024 water rate budget, such report to also contain recommendations on the potential of a City-wide no fault grant program for basement flooding.

Vote (Amend Item (Additional)) Jul-21-2022 12:00 PM

Result: Carried Majority Required - GL32.1 - Tory - motion 2
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Mike Colle, Gary Crawford, John Filion, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that voted No: 5 Members that voted No are Shelley Carroll, Stephen Holyday, Josh Matlow, Gord Perks, Jaye Robinson
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-21-2022 12:02 PM

Result: Carried Majority Required - GL32.1 - Adopt the Item as amended
Total members that voted Yes: 16 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Mike Colle, Gary Crawford, John Filion, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Michael Thompson, John Tory
Total members that voted No: 7 Members that voted No are Robin Buxton Potts, Shelley Carroll, Stephen Holyday, Josh Matlow, Denzil Minnan-Wong, Gord Perks, Jaye Robinson
Total members that were Absent: 2 Members that were absent are Paula Fletcher, Anthony Perruzza

Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that he had specifically said Ward 4 does not have special policy areas and that he not moving his motion to benefit a specific group of residents in his Ward.  Councillor Perks further stated that he had said that a Councillor's job is to represent people so that everyone is treated fairly.


Point of Privilege by Councillor Gord Perks

Councillor Perks, on a Point of Privilege, stated that his motion does not take out Rockcliffe, that his motion would include Rockcliffe as it would be part of "any", and asked that the Speaker not misrepresent the effect of his motion.  Councillor Perks further requested that the Speaker withdraw her comment.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Points of Privilege and withdrew her comment.

GL32.1 - Supplementary Report - No Fault Grant for Basement Flooding Damages

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The General Government and Licensing Committee recommend that:

 

1. City Council authorize the General Manager, Toronto Water to implement a recurring no-fault grant program for basement flooding damages, consisting recurring payments of $7,500 per property, available to eligible properties within the Rockcliffe Special Policy Area and hydraulically connected sewer catchment, where beneficial works have been identified by a completed Basement Flooding EA Study but the work is not yet commissioned; and conduct the additional analysis required to refine the budget estimates for this program and include the funding required to implement the program as part of the 2023 Toronto Water Rate Budget submission.

Origin

(May 24, 2022) Report from the General Manager, Toronto Water

Summary

On October 1 and 4, 2021, City Council received a report on the eligibility criteria and financial implications of providing a one-time no-fault grant for residential property owners and/or tenants in the Rockcliffe neighbourhood of Ward 5, York South-Weston, and other similarly impacted areas, that experienced basement flooding. The report recommended that the City Council not proceed with a no-fault grant program, and noted practical and equity challenges.  The report also highlighted that the City is not legally obligated to provide a no-fault grant program to residents, and that such a program would not reduce future risk of flooding.

 

City Council requested this supplementary report outlining the criteria, funding, funding sources and an implementation plan to provide a no-fault grant for residents that experienced basement flooding in the Rockcliffe area since 2000, until planned and approved improvements are made to the infrastructure in the area. Reporting on comparable costs and implementation options to implement a similar grant program through other areas in the City that are flood prone was also requested.

 

While it remains the recommendation that City Council not proceed with the no-fault grant, this report provides considerations on implementation options for appropriate properties in the Rockcliffe area or within Special Policy Areas identified in the Official Plan. The report outlines eligibility criteria and program details including a discussion of how the Ombudsman enquiry into basement flooding and sewer backup claims could be referenced in the development of a grant program. It is also recommends that a no-fault grant program not be applied retroactively. This report provides information on options not recommended by staff for a no-fault grant program moving forward.

 

Council requested that this report identify alternative funding sources to fund a no-fault grant program other than the water rate. Considering that the damages caused by rain events in areas susceptible to flooding are not always or exclusively attributed to the performance of the sewer system, and that the grant payment would not contribute to any alleviation of future flooding events, it would be appropriate that such a program be funded from the tax base.

Background Information

(May 24, 2022) Report and Attachments 1 - 3 from the General Manager, Toronto Water on Supplementary Report - No Fault Grant for Basement Flooding Damages
https://www.toronto.ca/legdocs/mmis/2022/gl/bgrd/backgroundfile-226999.pdf

Motions

Motion to Adopt Item as Amended moved by Councillor Frances Nunziata (Carried)

That General Government and Licensing Committee recommend that:

 

1. City Council authorize the General Manager, Toronto Water to implement a recurring no-fault grant program for basement flooding damages, consisting recurring payments of $7,500 per property, available to eligible properties within the Rockcliffe Special Policy Area and hydraulically connected sewer catchment, where beneficial works have been identified by a completed Basement Flooding EA Study but the work is not yet commissioned; and conduct the additional analysis required to refine the budget estimates for this program and include the funding required to implement the program as part of the 2023 Toronto Water Rate Budget submission.

 

Vote (Adopt Item as Amended) Jul-04-2022

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Paul Ainslie (Chair), John Filion, Nick Mantas, Josh Matlow, Frances Nunziata
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council