Association of Lake Manitoba Stakeholders and
MAFRI Flood Recovery Staff
Manitoba Agricultural Services Corporation
Corporate Office – Meeting Room C
Portage la Prairie, MB
July 21, 2011 @ 10:00 AM
Present: Dennis Turek – Association of Lake
Manitoba Stakeholders
Dee Dee Armstrong – Big Point Resort
Larry Baker
– Sugar Point and Director of MB Assoc. of Cottage Owners (MACO)
Don Clarkson – Delta Beach Association
Mike Yacentiuk – MB Agriculture, Food & Rural Initiatives (MAFRI)
Mitchell Timmerman – MAFRI
Holly Troop – MAFRI
Call
to order
– The meeting was called to order by Chair, Dennis Turek at 10:15 am.
Introductions –
attendees introduced themselves and described their role.
Association of Lake Manitoba Stakeholders (ALMS) – ALMS is a group of
Beach Associations, cooperatives, etc. representing over 1,000+ property owners
around Lake Manitoba (see attached document – “ALMS Membership Numbers” for
breakdown of membership). This meeting was arranged to discuss issues specific to the Association of Lake Manitoba
Stakeholders (ALMS) with regard to flood 2011 mitigation, restoration, and compensation.
Local Rural Municipalities – ALMS representatives expressed concern
over lack of consistency between RM’s with respect to the handling of emergency
flood mitigation, flood information and administration. ALMS reps indicated that some RM’s are
excellent while other RM’s are not as supportive or informative. It was suggested by the Flood Recovery Office
that RM’s should be consulting directly with their EMO Regional Managers to receive information.
Delta Beach Association (DBA) Meeting – held on June 22, 2011 with MAFRI
staff, where issues were brought forward. Although the government has not provided a written response to these concerns,
some have been resolved by the revision of Part C terms and conditions that were updated on July 8 and are posted at: http://www.masc.mb.ca/masc.nsf/terms_conditions_lake_manitoba_part_c-06.pdf.
Please go to this link for all the most current program information: http://www.masc.mb.ca/masc.nsf/floodrecovery.html
Two tours of the Delta Beach area have occurred – one on June 28 involving a
Geotechnical Engineer from MB Infrastructure and Transportation, Senior Project
Manager from KGS Engineering, and Doug Connery of the DBA. The second tour on July 5 involved engineers
from KGS Engineering, Wave Action Specialist consultant from British Columbia, and Don Clarkson of the DBA. KGS
Engineers agreed that emergency flood protection should include the use of rock. Until now, shoreline protection has been the
responsibility of individual property owners.
ALMS
Meeting with Premier – June 24, 2011. Concerns expressed by ALMS included:
- Lower the level of Lake Manitoba as soon as
possible – digging drainage at north end of the lake. - Address the issue of consistent regulation of
the lake level on an ongoing basis. - Leaving shoreline protection up to
individuals will not work because not everyone is compliant. Non-compliance by one property owner may
negate flood protection efforts of several adjacent property owners who have
done flood mitigation. - Until these issues are resolved, it does not
make sense to spend money to rebuild or repair damage to residences. - Private insurance does not cover this
flooding event, so property owners’ only recourse is through programs like the
Lake Manitoba Flood Assistance Program. - ALMS prefers face-to-face meetings with
government representatives to avoid negative public perception through the
media. - Property tax relief has been favourably
received. RM’s will identify properties
and make application. Delta Beach and
St. Laurent Beach Associations represent very large tax bases for their RM’s. - ALMS representatives expressed great concern
that all properties should be treated equally by this program based on fair
market value with no distinction between principal and non-principal
residences.
Program Parameters
– The Terms and Conditions guide all decisions.
Ron Bell has been appointed Appeals Commissioner, and his office is
willing to review written submissions from groups such as ALMS. Individual appeals may only take place once a
file is deemed closed. The deadline for
appeals is currently set as March 15, 2012.
Contact
Information for Appeals Commission:
Michael
Scholz – Appeal Coordinator
Flood 2011 Building and Recovery Plan
801 – 401 York Avenue
Winnipeg, Manitoba R3C OP8
(204) 945-6895 Phone
(204) 948-3779 Fax
Land Values Appraisal Commission – ALMS representatives stated that this body
was established after the flood of 1997 to help resolve discrepancies and all
costs were covered by the government.
ALMS question is whether this body is still active and will be available
for property owners to consult for this flood event, or is the Appeals
Commissioner their only recourse. The
decision of the Flood 2011 Appeals Commission is final.
Program Termination Clause – ALMS representatives expressed concern
over point 7.1, Part C in the Terms and Conditions which states “The Minister
may terminate the program at any time, without prior notice.” Staff informed them that this is a standard
clause in all government programs.
Provincial Election
– ALMS representatives expressed concern about the consequences of the October
4, 2011 provincial election and how it could affect this program. Because of the uncertainty an election causes,
ALMS representatives feel it could be beneficial before the election to define
when the flood is deemed “over” perhaps by designating a specific water level
on Lake Manitoba.
Principaland Non-Principal Residences – ALMS representatives reiterated concern
raised at meeting with Premier that all properties should be treated equally by
this program based on fair market value with no distinction between principal
and non-principal residences. Also
expressed concern that there is a top level maximum payment – should it not be
based on replacement costs which are based on fair market value?
Discussion
Questions:
- What are the Programs that stakeholders
(other than Agricultural Producers and Business) can access to maximize the
Compensation they are entitled to?
Itemize the Program and the maximum compensation available from it.
- See Part C
Terms and Conditions under section 5 “Eligible Losses for Compensation and
Program Payments”
- If a $5000 advance was received, but property
owner only spent $4200, should they take an $800 cheque back to the Flood
Recovery Office? If they do, will it
close their file?
- It is an accountable advance and will require substantiation with paid invoices.
- Administrative procedure for repayments willbe determined. This will not close the
client’s file as the advance pertains only to immediate flood mitigation.
- Is there a list of things that qualify for compensation?
- Please see Part C Terms and Conditions. Principal
residences under section 5.2 and non-principal residences under section 5.3
- If a principal residence property owner is evacuated, what items qualify for moving and storage in the transition from
emergency relocation to long-term relocation?
- Evacuees are currently being transitioned from the Emergency Social Services program
(ESS) to the Temporary Accommodations Program (TAP). Please contact the TAP program office located
at the East end of the Portage la Prairie mall at 239-3938 or 239-3931. - These payments are separate from the Part C compensation program payments.
- Do rocks qualify for emergency flood protection?
- Yes –
rocks qualify under the $10,000 for immediate flood mitigation measures if they
are used to protect the structure.
Please see Manitoba Water Stewardships website for information on the
2011 Individual Flood Protection Initiative. - http://www.gov.mb.ca/waterstewardship/flood_proofing_programs/flood_protection_initiative/
- Who are the contact people for the different programs?
- Individuals should contact the Flood Recovery Office at 1-855-220-1822
- ALMS and other Beach Association executive members can contact Mike Yacentiuk, MAFRI
- What is the status of a possible Buy-out program?
- There has been no announcement to date of a Buy-out program.
- If the structure is written off, is the property owner required to rebuild in order to receive compensation?
- Clarification is required for this question
- If there are several dwellings located on one
piece of property, is each dwelling compensated separately?
- Yes
- Will there be compensation for boats, motors,
lawnmowers, tools, personal water craft, golf carts, hardware, building
materials, landscaping, decks, boat ramps, and existing flood protection
(gabions, rip-rap, walls)?
Does the September 2, 2011 deadline mean that
all work must be completed and paid invoices submitted?
- No. September 2, 2011 is only the deadline to
open a file/claim at the Flood Recovery Office. - ALMS is asked to encourage their membership to
open a file by September 2
Contact
Information for Flood Recovery Office:
Portage Shoppers Mall
(west end)
2450 Saskatchewan
Avenue West
Portage la Prairie,
MB
Phone: 1-855-220-1822
Fax: 239-3909
E-mail: floodrecovery@masc.mb.ca
web: http://www.masc.mb.ca/masc.nsf/floodrecovery.html
- Will people be required to pay taxes on compensation payments?
- We are waiting for a ruling from Canada Revenue Agency (CRA) however payments for
emergency assistance are generally not deemed taxable; including TAP and ESS payments. - Individuals receiving assistance should consult with their tax accountant as each situation
may be different.
- Does the definition of a principal residence
mean that it is the property on which School Taxes are paid?
- A primary, but not only, determinant of a principle residence is the property tax bill
showing the education tax rebate
- How do people obtain a copy of the Heavy Equipment rate guide?
- The publication is called “Annual Directory 2011 – Manitoba Heavy Construction
Association” - Copies for non-members cost $78.75 plus GST
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Lake |
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Principal |
Non-Principal |
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- http://mhca.mb.ca/membership/directory/
- Need clarification of lost wages for
emergency flood protection. Some people
took vacation time to help sandbag, etc. - Compensation
is for lost wages only, not if they were paid for vacation time - How does the appraisal process work?
Appraisal Process (Fair Market Value)
- A staff person from Crown Lands and Property Agency (CLPA) will be
determining fair market value for every property deemed to be a write off - Appraisal report will be written for each property evaluated
- Property appraisals are taking place now on Class #4 properties that were
deemed to be a complete write off as determined by the Office of the Fire
Commissioner inspection team - Other classes will be done in due course
- Priority is to appraise permanent residences first
- The property will be compared against three comparable properties that
have recently sold in the area - Once lake level has been stabilized, Flood Recovery Adjustors will be
performing damage assessments for approximate restoration costs - Flood Recovery damage assessment will be combined with the CLPA fair
market value report and presented to the owner - If owner disagrees with appraisal report, then the CLPA appraiser will
review the appraisal based on additional information provided by the owner - If client still disagrees, MASC will issue a cheque in the amount
determined by Flood Recovery Program, and the file will be closed but not
finalized - Client may then contact Appeals Commissioner to review the file
- Current deadline for appeals is March 15, 2012
- If property owners hire private appraiser,
will the cost of the appraisal be covered under the program?
- Not at the present time
- How will businesses be compensated for their
losses?
- Refer to Part C Terms and Conditions under section 5.4
Guidelines are being developed to address loss of cottage rental revenue. - Business revenue losses are paid on direct losses due to flooding from Lake Manitoba
water. If access is blocked due to Lake Manitoba water, or if no water is present, business losses do not qualify. - Best course of action is to take photos, keep a log/record of flood protection
measures, keep all receipts of expenses incurred, and document all revenue
losses in preparation for claim assessment.
- What is the timeline on appraisals for business owners?
- Appraisal priority is being given to class 4 principal residences.
- What should a property owner do if they have
claims under several different parts of the program? (ie. pasture rental, cottage business,
personal principal residence)?
- Apply to each component separately under Part A or Part B for agriculture, and Part C
for business and principal residence.
Recorder
– Holly Troop (Manitoba Agriculture, Food & Rural Initiatives – MAFRI)
