Ontario business owner shows impatience with FEMA

By KAREN PARKER

County Line Publisher Emeritus

Though Ontario’s flooding disaster happened more than 14 months ago, action from FEMA on mitigating flooded properties is still in limbo.

The uncertainty was clearly weighing on Tony Kelbel, who has the dubious distinction of having lost the most properties (the Kickapoo Paddle Inn and others) to the flood. At Monday night’s board meeting, Kelbel asked for an update of the flood mitigation process.

Although board president Mark Smith assured Kelbel that sample letters to owners listed for buyouts had been approved by the board and that matters were to have been resolved in October, Kelbel was not appeased.

“If nothing is done by spring, I am going to rebuild,” he told the board.

Clerk Terri Taylor suggested Kelbel talk to Ontario’s recently hired flood zone administrator, James Twomey.

“I’m not talking to anybody!” countered Kelbel, who pointed out, “I have bills to pay and a family to support.”

But it came as a surprise to Kelbel that Twomey had issued a permit to Pastor Bruce Milleman for Grace Community Church’s youth center, which is next to the Ontario Community Hall.

“Yeah, for work that had already been done,” said Kelbel.

“Why don’t you talk to him?” added Taylor. “Maybe he can work out something for you.”

But that appears unlikely, as in an email to the County Line, Twomey wrote, “The Board granted two permits. I have granted one for reasons that are spelled out very clearly in the permit letter. I do not believe it is in Ontario’s best interests to grant any more floodplain permits without certified engineering plans.”

Ontario initially did grant two permits, one to Titanic Canoe Rental and one to Sue Rego to repair open-sided shelters damaged in the flood.

Initially, the youth center and the Precision Physical Therapy structures were listed for buyouts, but both owners asked to be taken off the list.

The permit to Milleman is the only one granted by Twomey to date. In his letter to Milleman, Twomey concedes the structure is within the “Special Flood Hazard Area of Ontario’s floodplain,” which is the case for most of the other damaged properties. However, he says, “The building was constructed prior to the adoption of the floodplain ordinance, and therefore is a conforming use of a conditional structure. The action threshold is 50 percent or more substantial damage and/or substantial improvement.”

Twomey continued, “The assessed value of the improvements on your parcel are valued at $23,600. The costs of repairs in supplies and labor come to $8,657. This results in a 37 percent substantial damage determination. This is below the 50 percent threshold.”

When the County Line sought further clarification on what this means for other owners in the same flood zone, Twomey responded, “It’s true that there is a 50 percent rule, but there is also a 365 rule. If a building stands empty for over a year after a certified flooding event, then its renovation is treated as new construction, which is not permitted.”

Looking back, property owners were advised by the village not to repair their buildings but to wait for FEMA. Had they proceeded with repair and stayed under the 50 percent rule, would they have then received a permit, as had Milleman?

That question was not asked as Mr. Twomey indicated he had no intention of answering further questions from the County Line, saying, “Since I am not a public relations professional, I think your questions would best be directed to the Village Clerk and the Village President. Usually one of these are designated as the spokesperson of the Village.”

Whatever the case for many of those affected by the August 2018 flood, the way forward remains as murky as the Kickapoo River.

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