No More Dodge and Delay!

You may already know this, but when I attempted to speak at the City Council meeting in Tuesday, April 19, 2016, I was silenced.  (Click here to read what happened.) Since I had spoken at two previous meetings about private sewers, I was asked to wait until the special meeting to be held on Tuesday, April 26, 2016 at 5:30 pm at City Hall.  Of course I can do that, after I untie the knots in my stomach and overcome the feelings of humiliation and oppression. 

I had remarks already prepared for the meeting and would still like to share them.  Here they are:

April 19, 2016

I stand before you once again requesting that all sewer lines in the City of Ottumwa be deemed public sewer lines and operated and maintained as such.

Please do not make those of us with homes on “private” sewer lines second class citizens subsidizing the maintenance and repair of everyone else’s sewer lines through our monthly sewer fees and property taxes.

Knowing that our homes are on private lines means that we will have to provide that information to realtors and prospective buyers should we want to sell our homes.  It is likely that our homes may be worth less or are less attractive to prospective buyers.  This is not an incentive to invest in our homes.

As of right now:

·        The MLS system that realtors use does not have a category for “private” sewer when listing a home.  Cesspool is an option, but not “private” sewer.  Some realtors are keeping the sewer section of home listings blank to avoid any issues/uncertainty/liability.

·        When banks issue mortgages, the question of sewer must be answered with the only choices of City or Septic System.  How does a bank or mortgage lender handle “private sewer” as an option?

I have been told by residents that the Department of Public Works is preparing notifications.  That is a great step.  The questions I have are:

·        Will the notification go to the resident or homeowner?  That can be different in the case of rental properties.

·        Will the notifications be sent prior to the Special Public Meeting to be held on April 26?  The notification could also act as an invitation to the meeting.

In the information provided to you is the list of names and comments from an electronic petition to make all sewer lines public lines.  There were also residents that signed in person and those signatures are also provided.  (Click here if you would like to sign the petition.)

I’ve also included a copy of our home’s Wapello County Assessor’s page which states that our home has “City Utilities” which would include sewer.  This is one of the many documents that we have along with other homeowners that are discrepant from what residents are being told by the Director of Public Works.  These discrepancies will be something this Council will have to resolve due to homes being served by private sewers.  Imagine the outrage that homeowners feel when they discover a home that they have lived in for years is served by a private sewer line—I’ve seen and felt the rage, the vulnerability, the betrayal—it is palpable.

The second request is to inform me/us now, before the meeting adjourns, the known locations of private sewers.  I have respectfully asked for updated location information at two previous meetings and also in writing, and have yet to receive this information.  How many streets, neighborhoods, subdivisions does this effect?  10?  50? 100?  No more dodge, delay, they’ll go away.  If the private sewers exist, tell me, tell us, today.

Dodge and delay?  You bet!  Let me give you two examples that happened just YESTERDAY:

Example 1:  A homeowner on Clearview had called the Department of Public Works last week to inquire about the status of the sewer and was told that she would get a call back as well as notification in the mail.  Here it was a week later and no response.  I encouraged her to call again.  When she did, she was told again that she would get a return call.  That’s when the homeowner explained that she was calling for the second time.  That’s when she heard it—“private sewer.”  She has lived in her home for 40 years and had no idea!

Example 2:  A homeowner on a public sewer line was assured after the second call to the Department of Public Works that notification of the status of the sewer line would be coming in the mail.  One week later, no notification so another call was made with the response that the mailings would be out in about a week. 

So, the City Council is holding a special public meeting about private and public sewers on Tuesday, April 26, 2016, at 5:30 pm at City Hall and homeowners may not have received notification about the status of their sewer by then? 

Please spread the word about calling to check on the status of sewer lines.  Call 641-683-0681 to confirm.  If you do not get a response or a return call, please call back. 

Why I'm Choosing To Speak

A friend asked me how the sewer back-up that happened to us was any different than any other sewer back-up.  My answer:  “It’s not!”  What happened to us was just as infuriating, scary, frustrating, and heartbreaking as anyone else.  The only difference is that I haven’t taken it lying down.  Instead, I’m fighting back as inherently, what has happened, even beyond the sewer back-up, isn’t right.  And, not only do I not want it to happen again to us, but I don’t want it to happen to anyone else.

I’ve heard the stories. . . a homeowner experiencing sewer back-up on the very day they move into their house.  A young couple purchasing their first home and coming to realize that the sewer backs up in their basement and they have to remodel.  A single mother working a second job only to come home late at night with her children to the strong odor of feces coming out of the basement.  This person did reach out to the City only to be told that they take no responsibility for sewer back-ups and the homeowner didn’t press any further.  The stories seep out one after another as the conversation about sewers opens up.

Yes, we made mistakes.  We didn’t have sewer back-up insurance on our homeowner’s policy.  We took that chance based on the Seller Disclosure Statement provided to us by the previous owners.  We also didn’t have some sentimental items out of harm’s way like my husband’s Eagle Scout memorabilia or the comic books he had been collecting since the 1970’s.  Our home’s history as well as the 15 years we lived there, gave every indication that there was no reason for concern.

In the wake of the City’s Insurance carrier’s denial of our claim I’m pressing on.  First, with the idea that so called “private sewers” exist in our City.  And, if they do, they need to be made public sewers, operated and maintained by the City.  Private sewer lines are not owned or maintained by anyone and can easily become a real estate, home owning, home buying, banking, and insurance nightmare.  If the private sewer lines do exist, they are most likely not up to code, may have buildings or dwellings built on top of them (which would be the City’s problem for issuing building permits), and may be on the verge of collapse.  

I’m also pressing on that if indeed private sewer lines exist, homeowners need to be made aware.  City Administrator, Andrew Morris, told me on Monday, April 4, 2016, that the City is under no obligation to inform homeowners.  Obligation or no obligation, informing is the right thing to do.  I have heard from homeowners who have called Public Works Director Larry Seals about the status of their sewer that letters will be coming in the mail.  Great!

Here are my concerns:

• Will residents or homeowners be notified?  Sometimes, those are two different entities, especially with rental properties.  
• Will homeowners be notified prior to the Special Public Meeting to be held on Tuesday, April 26, 2016?  Again, it would be good customer service to notify homeowners in writing and invite them to the Special Public Meeting.

 

It takes time, resources, and courage to press on and a voice that won’t waiver in the wake of opinions.  It can feel lonely and I am grateful for my husband and family who are standing beside me and others who “march on” proudly and loudly, and others who support privately, fearful that their voice won’t be beneficial or will distract from the issue at hand.  And there has been criticism of my activism. 

Then there is the matter of our personal loss.  Based on City Attorney, Joni Keith’s letter to us as well as Mr. Morris’ suggestion to me during our phone conversation, an attorney would be the way we would need to go.  I have been in contact with several.  One firm in town refused the case due to conflict of interest.  We have also spoken to an attorney who is from Ottumwa but lives/works in another city.  And, interestingly enough, I got a phone call from a citizen about this issue while he was sitting in an attorney’s office.  This very well may be our next step.

In the meantime, I am giving the City Council, Mayor, and City Administrator an opportunity to do the right thing.  One Council Member indicated that this issue was coming so fast and furiously that it was like “drinking out of a fire hose.”  I get that.  They want to slow down.  That, I don’t get.  Slowing down may mean loss of public interest and support.  And leaving those of us on so called “private” sewers vulnerable and exposed.

"Private Sewers"--A Ruse?

Seller Disclosure Statment

A follower of the “Private Sewer—Really?  Or Ruse?” issue made the following comment on Facebook in response to a post sharing our Seller Disclosure Statement that said "City Sewer Included" and in working order:  I think it's big con being done by the city.

Well, we’re somewhat inclined to agree with you, hence the name of the Facebook page as well as the website.

Let’s test a theory as to why our sewer was identified as a so called “private sewer.”  That it’s a way for the Department of Public Works to dodge responsibility for what happened in our basement as well as possibly using it as a decoy before;  that this is a ruse.

Here’s some information that supports this theory:

• We were immediately told that our sewer was “private”—no waiting 24 or more hours for the Department of Public Works to research the line—click here to read more.
• That the City has yet to release information to us about other so called “private sewer lines” even though the information has been asked for numerous times—verbally and in writing.
• That no realtor or insurance agent that we have talked to has ever heard of such a thing as “private sewer.”

  

  Wapello County Assessor's Page

• That every piece of paper we have about our home indicates we are served by public/city sewer which is the same for other homeowners in our neighborhood.

  

  Mr. Seals said on March 8, 2016 that red lines were public, yellow lines private, and green lines were storm sewers.  See bullet below about how Mr. Seals directed his staff to change the color of the lines on the map.

• That the only other “private” lines that have been identified are the original neighborhood of concern—Clearview, Meadowdale, Kenwood.
• That one of the homes on Kenwood identified with a “private sewer” had a sewer issue sometime between 1969 and 1972 and the City fixed and repaired the issue. (The resident of that home at that time is now a retired City Attorney.  He wasn’t City Attorney at the time the City fixed his sewer line!)
• That Public Works Director, Larry Seals’ brother-in-law lives on Kenwood and had no idea about the “private sewers.”  Wouldn’t you think family members would be notified about this issue before buying a home?
• That there is an email from Mr. Seals dated March 9, 2016, indicating that he told his staff to change the colors of the lines on the map shown above.  Here’s the email:

  Jody

As a follow up our phone conversation, I what to make sure we are on the same page. On our standard sewer maps red lines indicate sanitary sewer lines. Green lines indicate storm lines.  In an effort to reduce confusion on the maps provided to the insurance company and then forwarded to you I directed staff to change the color on the informational maps to yellow. This allowed a discussion over the phone with our insurance carrier. This color change on these PDF’s  is not what determines which lines are private or public. 

Larry Seals

• That the City may still have right of easement for alleys that were never constructed between Clearview and Kenwood and Kenwood and Meadowdale.  If the City still has right of easement then they would maintain the sewer lines underneath.  If the City says that those sewer lines are “private lines” then they would forfeit right of easement due to not “owning” the lines underneath.
• That one of the documents Mr. Seals used to negate our claim to the City’s Insurance Company is from City Council meeting minutes from 1953.  This post-dates our home by three years—our home was built in 1950 not to mention that our home is in McCarroll's Second Addition--see info from Title Abstract below. This same document is being shared with City Council members currently.
  
• That on December 4, 1946 at 4:00 pm the City Plan Commission in a motion by W. H. Vosberg and seconded by Orval Myers, the Plat for our home was unanimously approved and submitted to City Council for approval.  When plats are approved, all lateral lines, such as water and sewer, within the plat are also approved. 
• On December 27, 1946, after being introduced by Councilman Fry, the Plat for our home was accepted by the City Council  as it was “in proper form and that all requirements of the statute have been complied with in platting said addition.”
• In July of 1946, David Nevin, Mayor and Charles Bookin, City Solicitor filed a petition with the Distirct Court of the State of Iowa for the City of Ottumwa to annex the “whole of said territory” to the City of Ottumwa which was approved.

Note that the last three bullets were taken directly from the “Abstract of Title To McCarroll’s Second Addition.”

So, we’ve found a case to test our theory.  A homeowner in another neighborhood, too, experienced a sewer back-up basement issue and was told by the City that they couldn’t do anything about it—“private sewer.”  This homeowner is now contacting Public Works Director to inquire about the status of their sewer—private or public.  Stay tuned for the results!

P.S.  I never imagined in a million years that I would be talking and writing about easements, sewer lines, and plats.  I'm learning something new every day!

Immediate Notification of "Private Sewer"

Soon after the City crew arrived to service the manhole cover in our neighbor's driveway, Kevin Sylvester from the City asked to come into our house, our basement, to take pictures.  We agreed.  We had been taking pictures all along, too.

When Mr. Sylvester came up the stairs, he said good-bye to my husband who was in the living room and mentioned something about he was leaving and that we were on a "private sewer."

I could hear the husband yelling my name from inside the house as I was outside.  I thought he had been hurt or something horrific had happened.

Turns out, he was trying to get my attention and have Mr. Sylvester tell me about the "private sewer" before he dodged away. 

I immediately came to the house and caught Mr. Sylvester in our garage.  That's when I heard it for the first time--"private sewer."  The look I gave him is one I have now seen on others when I tell them that their home could be on a "private sewer." 

I told Mr. Sylvester that I didn't believe him.  I told him that I had never heard of such a thing.  I asked him why we pay a monthly sewer fee.  I even told him that this "private sewer" sounds like a line they give homeowners when they don't want to take responsibility.  He kept using the line over and over and skedaddled out of our garage as quickly as he could.

I'm still shaking and scratching my head over this one as here are the pieces that don't match:

• When we submitted the claim for reimbursement, the City's insurance company said "no" because we were on a "private sewer" and when pressed about why the City crews came and serviced the line three times between Nov. 27 and Dec. 10, the insurance company said "the crew didn't know it wasn't a City sewer."  Huh?  Kevin Sylvester came with the City crew--he works for the City.  He was telling me that very day I was on a "private sewer" so the crew had to have known--they were with Mr. Sylvester.  This just doesn't match!
• Now that other homeowners are calling to find out the status of their sewer, they are having to wait 24 hours or longer for the Public Works Department to look it up and get back to them.  Why was it that the City knew the status of our sewer immediately?  We didn't have to wait to find out.  We were told the minute Mr. Sylvester came up out of our basement!

What do you think?  Is "private sewer" just a line given to homeowners who experience difficulties to remove the City from responsibility?

Here's How This Issue Started. . .

Playing some pool on Thanksgiving

When we returned home from visiting family in Ankeny on Thanksgiving, we were greeted by water gushing out of the sewer drain in our basement.  The story unfolds that night and the next day.

Click here to read about a great article in by the Ottumwa Post.

The article is fantastic, but what it doesn't capture are the feelings that were happening at the time.

I can recall standing in my driveway while the Roto Rooter crews took a break after working since 7:30 am because a huge truck was backing in a delivering a 20 foot dumpster needed to remove everything from our basement.

The 20 foot dumpster we filled with contents of our basement over the long week-end.

I was standing there trying to calculate the Roto Rooter bill in my head--a 10:00 pm and midnight visit on a Holiday, then two crews, two trucks, and over 3 hours of work.  Dollar signs were turning in front of my eyes like tumblers in a slot machine!  I knew Roto Rooter would expect payment that day and at that very moment, there was no relief in site.  How many more hours would be needed?

Roto Rooter and City Crew--I can only imagine the conversation!

When the City truck pulled up and the fluids receded in our basement, one of the Roto Rooter guys came up to me and said, "We're not leaving you a bill."  He went on to say that they needed to find out more about the sewer line.  They were under the impression that since it was under a manhole that it would be the City's responsibility and wanted to make sure--they would send us a bill when they found out more.

Turns out, Roto Rooter was given the same line we were--"private sewer."  The bill did come in the mail and they were very fair with us.