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HomeMy WebLinkAbout2016-0216 Documents Submitted at Mtg w ! ~J m Dear Mayor Stromberg, members of the city council , friends and neighbors; On October 28th of 2015 a ruptured sewer system located in front of our home at 288 Morton Street in Ashland sent, probably, thousands of gallons of raw sewage through our downstairs bathroom in geyser like fashion rendering the home a bio-hazard zone. This raw sewage totally ruined all of the floors, subflooring, walls, furniture, appliances everything ON the floor and even went several feet into the earth beneath the house. Needless to say all of the personal possessions such as clothing, shoes and other household items had to be collected, boxed up and sent to storage units throughout the city. Now, over three months later, Caroline , her husband, our four children and various animals have been forced to find lodging elsewhere. The family has been split up, mostly, and have depended on the kindness of friends and neighbors. And it hasn't been without great expense, both financial and emotional. It is still unclear when the family will be able to move back in. Meanwhile, clean-up and repairs have cost upward of $115,000. Rebuilding the house will probably reach into the hundreds of thousands. The city has admitted culpability as this all took place on city property and has offered $25,000 to help in the interim. Sadly, the city has a cap on how much they will pay and this cap does not scratch the surface on what it will take to re build this once lovely home. And I don't think pain and suffering that the family has endured is even considered in the process. We have even had to hire a lawyer at no small cost to find out basic information from the city as to where we are IN the process. The city of course gets their own attorney for free. As a citizen of Ashland for 35 years if I get a parking ticket I am expected to pay it. When the city raises power and water rates as they did in July of 2015 1 am expected to pay. It is my responsibility and even civic duty. And I do so gladly. In turn, I believe it is the city's role to own up to their responsibility to their citizens when an incident such as this occurs. An antiquated city sewer system that falters is the city's responsibility not the homeowners. In closing... we are not asking for anything we do not deserve. What we are asking for id for the city to do the Right Thing for our family and do it sooner rather that later. Thank You, Respectfully Yours Richard Elmore con ~ ~~ti ✓irl ~/~~1~ On Caroline's problem, I told you I would see if I could get some input from friends - I talked with my colleague about his water problem with the City of SF, and he didn't have an issue with the City's insurance coverage, as they paid it out of City coffers, but took long time and much wrangling. It was a water main problem, not sewer. He said they were quick to take responsibility as the City had some very public long term fights earlier and didn't want to go through that again. I also queried a friend who is a real estate attorney and now is a `magistrate' for arbitration matters, and has also had dealings with various municipalities down here. Below is his response, which sounds a little like what Caroline has already found out from her sources and attorney. Good God. The City should step up and make them whole. The City caused the problem. I paid many, many seNver back up claims for many. mane public entities through the years. Tlhe should be talking vN°ith the Cite atty. They should take the benefits of the insurance company and the Cite should pay a reasonable amount over and above the limits. The carrier doesn't rant to pay its limits unless it gets a signed release from the claimants. That's the hold up. They should arrange a meeting xvith the City Atty and City Manager. Make sure they talk to a councilman or M'o to poet them on board xyith resolvin~u the matter in its entirety. Sorry they have to go through the process. Bad enough to have a se~yer back up substantially interfere ~yith the use and enjoyment of your home. Worse When you can't be properly compensated for the damage. I hope this is helpful, and wish her luck. Regards, Bill ,~V~ mtwj/ . J~tl Subject: Copy of what we sent to the City Council. BTW - what time is the meeting on the 16th? From: Ken & Jolene Buccino (kjbuccino@jeffnet.org) To: caroshaffer@yahoo.com; Date: Friday, January 29, 2016 1:58 PM Dear City Council, We're writing in support of a family who have been unable to come to a reasonable resolution of a problem stemming from a sewage pipe failure. Specifically, Caroline Shaffer and her family living towards the bottom of Morton St abruptly suffered catastrophic soiling of their home when a sewage pipe near their house became plugged and raw sewage backed up into the entire first floor of their home. They were essentially forced out of their home in the span of less than an hour. Even more distressing is they have shared that the city maintains a limit to liability costs that will cover only a fraction of the repair costs (if you can ever completely repair the effects of raw sewage flooding one's home). Sewage contamination is apparently a situation that is not covered by home owner's insurance (I checked mine and that is apparently a routine exclusion). While I understand the importance of financial protection for the city, that shouldn't empower the city of claiming immunity from the responsibility of fixing what is a public liability. I writing in hopes the city will take this seriously and find a way to do the right thing make this family financially whole. Thank you for your time and attention to this important matter as well as your willingness to serve on the city council. Your efforts are appreciated. Sincerely, Ken and Jolene Buccino 1000 Emma St Ashland, OR 97520 Subject: Sewer System Maintenance From: Cochran Mary (marycochran55@gmail.com) RUC '*fur" To: council @Dashland.or.us; Cc: caroshaffer@yahoo.com; Date: Friday, January 29, 2016 7:50 PM Mayor Stromberg and city council: Just recently I received an email from several friends telling me about the situation Caroline Shaffer's family have been through regarding the sewer system city maintenance. I had lived in Ashland for eighteen years and knew the Shaffers. I am distressed to know that the city maintenance has been neglected long enough to cause a catastrophic sewage release to the Shaffer's home! A "wake up call" ! ! ! I hope this can be resolved soon for both the Shaffer's and the town in general ! Ashland has many strengths, but the city council needs to pay more attention to the citizens of the community! Mary Cochran in support of the Shaffer family. 54k*d Subject: Sewage spill and city's response eNt-~ From: Norman & Joanne (crane@opendoor.com) ~b& C, 17Y L) P" To: council@ashland.or.us; Cc: caroshaffer@yahoo.com; 6 Date: Friday, January 29, 2016 8:21 PM I am sure you are aware of the incident of last October at the Shaffers of Morton St., forcing them to move from their home. We, and many other Ashland residents, will be watching for how the Council deals with the city's apparent liability, and what you do to make things right for the Shaffer family. We will hold you accountable. Norman Crane Joanne Crane Subject: FW: The house on Morton street flooded by sewage From: Diane Werich (dianewe@hotmail.com) 10YO r1A To: caroshaffer@yahoo. corn; relmo62@jeffnet.org; Date: Saturday, January 30, 2016 9:00 AM This is what I sent. I am sending good thoughts that they do the right thing. Love, Diane From: dianewe@hotmail.com To: council@ashland.or.us Subject: The house on Morton street flooded by sewage Date: Sat, 30 Jan 2016 08:59:15 -0800 I lived off of Morton Street for 13 years. My daughters babysat for Emily, Ethan and Corin so I know and respect this beautiful family. I certainly understand cities wanting to protect themselves from incurring liability that might break the bank but this nightmare occurrence due to a perfect storm of aging sewers, lack of maintenance and an accident by city workers has only fallen on one family to endure. This family, who did nothing wrong, who received poor response to a bio-hazard emergency and whose home and home life have been devastated need further consideration from their community of which they have been a part for decades. There is liabilty under law and there is a human response to a catastrophe generated by an accident of the city. We, the citizens of Ashland , are the city and I for one believe as neighbors, friends we are called by ethics and morality to aid this family in restoring their home to a livable pre bio-hazard level. It is simply the right thing to do...the way neighbors act in an emergency. In Faith, Diane and Richard Werich 563 Walnut Street Subject: Helping From: Cici Brown (cicibrown@charter.net) To: caroshaffer@yahoo. com;~/,1 f Date: Sunday, January 31, 2016 1:05 PM `f Caroline, so many people want to help. Do you want me to post it on the City of Ashland site like Maya Elder suggested? Thanks, Cici ng? Unlike • Reply • t • 1 hr IN Vigo Fox replied - 1 Reply Sharon Kay the city of ashland has a lot of dirt to be exposed, this is just the tip of the ice burg. LWIlill Count me in , i will be there... And best of luck to this family Like • Reply • 1 • 42 mins Sharon Kay Have you guys tried to break up the incident into 5 separate cases, that way the city spending is capped on 5 different issues. Also Duge Mcgeary, He cant handle the aptitude/experience this requires. find an attorney and be glad dug works for the city Like • Reply • 28 mins • Edited Vigo Fox email: council,'§ashland.or.us Like • Reply • 28 mins Vigo Fox John Stron berg? Like • Reply • 28 mins Maya Elder You should post it on here as well... Get their attention! https://www,farebook.con-i/City-of-Ash land -Oregon...? W Waal CIIY C)1 41 G N I A Ni f Like Page Unlike • Reply 2. 25 mins Cici Brown Thank you, I'll be posting for the owners of the house, they are not on Facebook. ~~r L-i k: e • R Attachments • 12553031_1669577389983110_7913366947357644344_njpg(1.06KB) • 12189906_10203845271770838_8202133259908153631_njpg(1.12KB) • 10557205_810482402305412_3493200204994437348_njpg(1.20KB) • 480179_10151581565541675_1589381422_njpg(21.85KB) • 1426487_10152078639886675_485722257_njpg(4.47KB) • 35224_404774781306_ 4231209_njpg(1.47KB) • 166348_482907517885_7862765_n jpg (1.52KB) • 12072686_10207641575707293_1919070742221464960_njpg(1.13 KB) D~~~yU Subject: Morton Street Sewer Damage From: Barbara Clark (bshawclarkcashlandhome.net) To: ciuncil@ashland.or.us; ~ rJ 1 Cc: caroshaffer@yahoo. com; Date: Monday, February 1, 2016 4:40 PM Dear Mayor Stromberg and Ashland City Council: As the next door neighbor of Caroline Schaffer and Frederico Behncke we have seen the devastation that occurred to their home because of sewage blockage and subsequent overflow of sewage into their home and the tremendous demolition and reconstruction required to restore their home to livability. We totally support their request for full remuneration for all that work, the cost of replacing all the property that was damaged and unusable, and the cost of their housing while their home has been and continues to be uninhabitable. As property owners who pay high taxes and feel that in addition to supplying such things as police and fire protection, they should by used to reimburse the citizens of Ashland for damage done by city owned utilities. The significant delay in the city's response added to the damage. Had the owners tried to cap off their toilets, the refuse may very well have forced the sewage to erupt in another home, possibly our own. Please do the right thing by reimbursing fully the costs of this catastrophe to the Schaffer and Behnicke family. I understand they are not asking for anything for all the pain and suffering they have had to endure. Sincerely yours, Owen and Barbara Clark 310 Morton St. Ashland, Oregon PU 66 C-- Yv rn Bill and Cvnthia, Here's what I sent the Ashland City Council regarding the plight of OSF acting company veterans. Caroline Shaffer. Corin Elmore and Dick Elmore... (Caroline could only come to wattle Rep and play Lade Bird alongside Dicks J Edgar I lomer in Al 1, "I IIF %k AY and I III: (IRFAI S(?CIF -N . because her mom lived mth them until this catastrophe) Sent: Sunday, January 31, 2016 3:07 PM To: 'counciWashland.or.us' Dear people of the Ashland City Council: On October 28. 201 during city maintenance above Siskiyou Blvd, a brick ended up lodged in the sexver main at the bottom of Morton St. This caused tens of thousands of gallons of pressurized sev age released through the downstairs bathroom of 4 kids. 2 parents and a <(1randmother. Raw sewage geysered from the downstairs toilet. covering 4-5 inches up the downstairs walls by the time a sewage technician showed up. Sewage submerged the downstairs and yard in biohazardous waste, pouring out every door, through the garage, down outside walls and vents. tilling ducts and 11 VAC system. Biohazard remediation alone xxas >$100.000. The house needs rebuilding floor joists upward. with environmental engineering tests for pathogens. to end this family's homelessness. Both parents have lost income from their destroyed home recording studio. Also lost were all furniture. clothes. school books and college applications in progress, irreplaceable family photos and keepsakes. The twins are seniors, so they've lost the family's last year together: daughter and pets have been taken in by friends. 81 yo (Trandinother has relocated to San Francisco. The family's homemv ner's policy doesn't cover sewer damage. The city's insurance company doesn't deny culpability or even the amount. but the city's position is that a tort cap of S 1 121 defines their total responsibility as a public body. A private citizen should not have to shoulder the costs resulting from public biohazard re-routed through their home by a faulty city sevyage system. I hope that you fellow human beings of the city council could vote to make up the difference between the losses and the tort cap. And check your homeowners' policti. There but for the (race ol'God <(o you or 1. Charlottes Liw cr124,a;rrne!i edu 541-201-1012 http s: us-rng6.iiiail.;yahoo.col7i.Znco./launctt?.rand=2j78igfOkc2o2 54kM4~-4 1~ I Subject: Caroline Shaffer and the sewage incident From: Bill Rauch (billr@osfashland.org)u fU r ►'l1 To: john@council.ashland.or.us; council gashland.or.us; Cc: caroshaffer@yahoo.com; Date: Friday, January 29, 2016 3:17 PM Dear Mayor Stromberg and the members of the Ashland City Council: I am writing to you as a friend and former employer of Caroline Shaffer, whose house was destroyed by sewage during city maintenance of the sewer system in the hills above Siskiyou Boulevard. I won't recap all the circumstances of October 28, 2015, as I'm sure they are well known to you. What most disturbs me is the fact that Ms. Shaffer was unable to make contact with anyone from the city sewage department for almost four hours while raw sewage filled her home, and that it has taken months to hear from the city's insurance firm - only to be told that the city, while liable for the event, is claiming there is a legal cap on their responsibility. I am also told that in the last three months, not once has anyone from the city come to look at what remains of Ms. Shaffer's house, or offered her an explanation of what happened, and why there was such a breakdown in emergency response. Ms. Shaffer's home and family life have been destroyed by the City of Ashland's negligence. I urge you in the strongest possible terms to take responsibility and do the right thing in these horrifying circumstances, and cover all the damages. No private citizen should be expected to pay the costs for the breakdown of the city's public waste system. Thank you for your consideration and attention to this matter. Sincerely, Bill Rauch Artistic Director Oregon Shakespeare Festival FORM FIELD DATA*** II//)) ~Y( C T ~ Full Name: Wolfgang and Kristin Hoppe Phone:5414826678 Email: babuwolf mind.net Subject: Destruction of Shaffer/Behncke home on Morton/Alaska Streets Message: We are writing in support of the Shaffer/Behncke family whose home was effectively destroyed because of raw sewage back-up during city sewer work in late October 2015.We understand the city work caused the back-up but the city declines to pay the full cost of restoring the home and other costs resulting from this disaster. My wife and I have been very happy and proud residents of Ashland for over 17 years. It is totally unimaginable to us that our city would not take full responsibility for all the losses caused by the city work. We urge the council members to do the only honorable and right thing in this disastrous situation and make sure that this unfortunate Ashland family is fully compensated for all losses incurred as a result of the city work. Respectfully submitted, Wolfgang and Kristin Hoppe FORM FIELD DATA 1,2tt Full Name: Alison Loomer Alk~ Phone:3108675092 Email: bocona@flash.net Subject: Caroline Schaeffer Message: I am writing in support of Caroline Schaeffer and her family. The sewage issue which has ruined her home and caused her family such great distress is a city issue. She did nothing to cause it. The city should be responsible... and must come to the aid of a citizen who pays her taxes and maintains her home. Do the right thing! Imagine if it were your home ...and your children. thank you, Alison Loomer I believe they have a right to some compensation for the accident which occurred during maintenance by the City. I hope you will consider this situation and take proactive measures to provide some relief for the family. Cities and communities owe a measure of responsibility to its members just as an individual, causing an accident, is expected to take responsibility for that action. Sincerely Peggy Moore Ashland resident for 31 years PO Box 1197 Ashland, Oregon Subject: Extreme Damage to House ®r, From: Judy Wenger Oudy.wenger50@gmail.com) ~It (2_ 7: l6yj To: council@ashland.or.us; All ~ /I f Date: Thursday, January 28, 2016 11:22 AM l y~ Dear Mayor Stromberg and the Ashland City Council, I have been attending the Oregon Shakespeare Festival in your lovely city for just over fifty years. I have always felt proud to call Ashland my second home. It is with this pride that I am writing. With so many years of following the festival and admiring its talented actors and staff, I have come to feel a part of the festival in some manner. When I heard that a home was destroyed by the Ashland sewer system last year through no fault of the home owner, I was saddened but confident that the city would make good on any and all repairs that were necessary to restore this home. I recently learned that that is not the case. Not only is this disappointing but it speaks poorly for the city that I have always held in such high regard. Accidents happen all the time and someone must take responsibility and restore the damage done. Why is Ashland not doing that? I am asking you to reconsider the role the city of Ashland must take regardless of past history with such situations. This is a chance for Ashland to take the high road and show the rest of Oregon that Ashland takes care of its tax-paying citizens. Rebuild the home for this family and allow them to get on with their lives. Among the many things theatre teaches is empathy. Put yourself in their home and ask yourself what would be the right thing for the city to do? I hope to continue coming to Ashland, knowing that the mayor and council care about doing the right thing. Your city is too important to have such a poor personal reputation of not taking care of its citizens. Thank you for reading this letter. Sincerely, Judy Wenger Eugene, Oregon Subject: Concern about lack of support l From: Peggy Moore (peggy.moore@wild blue. net) [~t~ Cv ✓1'1 G~ To: council @ashland.or.us; Cc: caroshaffer9yahoo. corn; logette@opendoor.com; Date: Wednesday, February 3, 2016 11:51 AM Hello Mayor Stromberg and Ashland City Council Members, I am writing to express my strong concerns about a situation that has tragically happened to a family who have lived in Ashland for over twenty years. This situation could have happened to anyone on city sewers. I am sure you are familiar with the situation that happened to Caroline Shaffer, her husband and her four children on October 28, 2015. I won't recount the string of events beginning with a brick falling in the sewer system during CITY MAINTENANCE in the hills above Siskiyou Blvd. From the start of this, around 4:25 in the afternoon, through phone calls to the city sewage department (no answer), to plumbers to calls to the police and promises that some help "was on the way" but didn't arrived until bout 8 pm, this situation appears to have been handled without anyone taking responsibility for the tremendous physical and financial damage to the Shaffer/Behncke family. The sewers are "owned" and controlled by the city. People living in the city limits pay for this service. The system is maintained by the city of Ashland. During maintenance of the system, an accident happened and the Shaffer family home was drenched in raw sewage. Attempts at intervention to literally stem the tide of raw sewage settling in the Shaffer home failed as the city delayed response, furthering the damage. The costs associated with the event is thousands of dollars. The family is asking for financial help from the city. It seems to me that the City needs to step up and take some responsibility for this accident. Long term Ashland residents like Caroline Shaffer, whose four children were born in Ashland, have certainly paid amply for sewer service over the years. Subject: Fwd: City Council Contact Form Submitted From: Cory Ross (cory.artdreaming (_W gmail. com) ~l. To: Logette@opendoor.com; caroshaffer@yahoo.com-, Ju' l~ rh j_ Date: Wednesday, February 3, 2016 9:01 PM FYI, Cory BTW--I tend to read email last thing at night; if your message is time sensitive, please let me know by text or phone Forwarded message From: Greg Lemhouse <gregC« COUncil.ashland.or.LIS> Date: Tue, Feb 2, 2016 at 11:18 AM Subject: Re: City Council Contact Form Submitted To: "cory.artdreaniffloV, - gmail.com" <Cory.artdreziming(a ?mail.conl> Hello Cory, We are all very disturbed by what happened to the Shaffers, however as frustrating as it may be, there is a process that these things must go through regarding insurance claims etc. I think we have all been through it when our car is involved in an accident. This is a much bigger deal, but the process is similar in regards to the steps (claim, appraisal, pay out etc). I cannot speak for the rest of the City Council, but from the very beginning I assumed that we (the city) will be working closely with the Shaffer's after the insurance portion is concluded, to see to it that they are taken care of. At the same time, we have a responsibility to the community that the proper process is followed, which is what we are doing. Again, I fully expect that the city to work with the Shaffer's and do what is right. There has never been any suggestion at the council level that we do anything but. Thank you for reaching out and weighing in on this issue. I hope it is resolved as quickly and painlessly as possible. Respectfully, Greg Lemhouse Ashland City Council From: City of Ashland, Oregon <ann@ashland.or.us> Sent: Wednesday, January 27, 2016 8:56 PM To: City Council Subject: City Council Contact Form Submitted FORM FIELD DATA*** Full Name: Cory Ross Phone:6507220198 Email: cory.artdreaming@gmail.com Subject: Shaffer/Behncke family Message: Dear Mayor Stromberg and City Council, I am writing to support Caroline Shaffer in her quest to get her home and life back. I am not an insurance agent, or lawyer, but it does seem that someone in the city made a mistake that caused her house to be filled with biohazardous material, and create a continued, very expensive, disruption of their lives. As a taxpayer, I do realize that city coffers are not for supporting any single family, but this is making things right. A mistake was made, an accident happened, this family should be taken care of, by their insurance, city insurance and any other funds necessary to make their home habitable. As you may know, this is the last year being together before the oldest 2 go to college in the fall, so it is an especially poignant time to have the family separated, as one has had to stay with other friends than the friends the family is staying with. It's a terrible situation, and as our Mayor and City Council, I hope you will do the right thing! Sincerely, Cory Ross 115 Fork Street Ashland USER INFORMATION SubscriberlD: -1 SubscriberUserName: SubscriberEmail: SessionlD: 196328307 RemoteAddress: 96.39.191.8 RemoteHost: 96.39.191.8 RemoteUser: joyv S A N D R A F R I E N D N16211~ 9 6 5 P i n e c r e s t T e r r a c e A s h l a n d , O r e g o n 9 7 5 2 0 USA 3 February 2016 Dear Mayor Stromberg and Councilors, Having read the letter from Caroline Schaffer describing the sewerage that invaded her home on Morton, I consider myself very lucky for having escaped a similar episode. A month or so ago when the City was cleaning the sewer adjacent to my home on Pinecrest Terrace, I experienced a similarly unpleasant event when a geyser of water exploded from my downstairs toilet drenching the walls, ceiling and floor in my bathroom. Fortunately, there was no sewerage involved. The city employee manning the City sewer cleaning truck was astonished that their work would cause the water geyser, and promised to notify me next year before they cleaned the sewer. I'm not sure how that guarantees that I won't again have a water explosion in my toilet, and would be interested to know how the City might protect me from a similar incident in the future. Kind regards, Sandy Subject: Sewage Disaster From: Richard Howard (rhoward@ashlandhome.net)1~= F greg@council.ashland.or.us; pam@council.ashiand.or.us; mike@council.ashland.or.us; To: rich@council.ashland.or.us; stefani@council.ashiand.or.us; john@council.ashland.or.us; ~v carol@council.ashland.or.us; ll Cc: caroshaffer@yahoo.com; Date: Saturday, February 6, 2016 10:01 AM Dear Mayor Stromberg and Council Members, I am writing with concern and support of my neighbor and fellow Ashland tax payer Caroline Shaffer. As fellow citizen it is my hope that you and the council will do the right thing in properly recompensing Caroline and her family for the disaster that befell them on October 28th. I happened to be walking by that early evening and was witness to the horrific sight of the sewage (a portion of which could well have originated at my house upstream) backflowing into her house. This is our city, and our sewage system, and when it fails we as citizens have to take responsibility for those that are harmed. I would strongly support a decision to fully remedy Caroline and her family for everything they have endured. This could have happened to any of us. Yours, Richard Howard RICHARD HOWARD 750 HOLLY STREET ASHLAND, OREGON 97520 (H) 541-482-881 1 © 541-941-1612 RHOWARD@ASHLANDHOME.NET RICHARDHOWARDACTOR.COM z~ Y Subject: Morton Street Sewer Damage From: Rebecca Clark Carey (beccaclarkcarey@aol.com) To: council@ashland.or.us; Cc: caroshaffer9yahoo. com; Date: Saturday, January 30, 2016 5:29 PM Dear Mayor Stromberg and Ashland City Council - I am writing in support of Caroline Schaffer and Frederico Behncke and their petition that the city pay the full cost of repairing the damage to their home caused on October 28, 2015 by a back up in the sewer system. I also support their petition that the city pay for related expenses they have incurred in replacing and storing their personal property and housing their family while their home has been uninhabitable. While I understand that there are policies regarding limits to the city's liability, I believe that strict adherence to them in this case is entirely inappropriate. The sewer blockage and the failure to respond in a timely fashion to the emergency are entirely the fault of the city-owned utility. We all pay a substantial fee for sewer service and have the right to expect that it function in a way that is, in the least, not catastrophically damaging to our property. This is, furthermore, not a liability without limit. No claim is being made for the substantial suffering to which this family has been subjected. They are simply asking for reimbursement for what this catastrophe has cost them. I am a property owner in Ashland, and I pay high property taxes. I want to see those taxes used to safeguard and care for my fellow citizens, particularly when they have been injured by the city. I am also a voter, and I will be watching the outcome of this claim carefully. I will not hesitate to use my vote in favor of city leadership that is sensible, humane, and accountable to the community it purports to serve. Sincerely, Rebecca Carey 1075 S. Mountain Ave. Ashland, OR Rebecca Carey vocalandverbalarts.corn Dear Mayor Stromberg and Ashland City Council pit I am writing to add my voice to those who are urging you to accept full responsibility for the city-caused sewer disaster at Caroline Shafer and Federico Behncke's home. This mistake has been disastrous for their family, both financially and emotionally. As a fellow resident of Ashland, I find it impossible to understand why there was no response to their pleas for help for four hours, why no city official has since visited the home to survey the extent of the damage, why it has taken months to respond to their request for reimbursement, and finally why the city seems to be using a "legal cap" to avoid taking responsibility in this horrendous situation. Not only should the city take responsibility for the damages that occurred, but I feel it would be helpful and honorable for the city to reimburse the family for the hardships that have ensued as a result of the situation. It has already had a disastrous effect on the family. They have been forced out of their home and lost a majority of their belongings, through no fault of their own, but through the error during a city maintenance event. This is not a situation to be dismissed by legal caps, but one in which the city can take care of their own and accept responsibility for their mistake. Thank you. I look forward to your answers to Caroline and Frederico, and indeed the citizens of Ashland. Sincerely, Donna Gould 354 Helman St. Ashland, OR bo~&4 - , , Mayor Stromberg, Councillers Lemhouse, Marsh, Morris, Rosenthal, Steffinger and Voisin, As elected officials, you are responsible for representing the needs of Ashland's citizens. The recent destruction of the Shaffer home has caused not only physical loss and displacement of the family but enormous emotional trauma. The origin of the destruction, a brick lodging in the sewer main, describes the cause of the loss of their home. However the real tragedy is not the physical loss, it's the seeming indifference of the City to that loss. Attorney Lohman determined that the legal cap set by the City's insurance company is the extent of the City's obligation. The City's responsibility to the Shaffer family goes far beyond the legal insurance cap. The family must be made whole through full payment for the restoration of their home. The City will never be able to make up for the anguish that the Shaffers have endured, but you can fulfill your financial responsibility. Patricia Sempowich Tim Wohlforth ,5ab, ~-W Subject: City Sewage Issues re: Shaffer Family Home From: Kim Marie Murphy (kmurfsurf@gmail.com) L) rr1 To: council @Dashland.or.us; Date: Friday, January 29, 2016 8:59 AM Dear Mayor Stromberg and Ashland City Council; I am writing on behalf of the family of Caroline Shaffer who, from my understanding, had to abandon their home in October due to a major sewage disaster caused inadvertently by the City. To my understanding, the City did not respond in a timely manner and the damages incurred were monumental. It is also my understanding that the issue of City sewage essentially demolishing their home has not been dealt with appropriately by the "powers that be" and, thus, the reason for this letter. I respectfully request that the City take responsibility for making this matter "right" for this family by covering the cost of damages to their home incurred by the sewage system breakdown that was essentially the City's responsibility. Respectfully, Kim Marie Murphy 1449 Mill Pond Road Ashland, OR Subject: Please Consider 5_kbm~~~ From: Tia (tiahatch9ashlandhome.net) To: council @?ashland.or.us; Cc: caroshaffer@yahoo. com; Pitt' (J Date: Tuesday, February 2, 2016 9:03 AM Mayor Stromberg and the City Council, At the time Carolyn Shaffer's situation began, I also had a pipe burst in one of my internal house walls. It was one of the most stressful times of my life, but Carolyn's circumstances far far exceeded the two month agony I faced. I felt blessed when I read the first article about her family's horrible experiences. However, the out-of-pocket expense for me likely means I will have to move out of Ashland this year after living here 16 years and I do not want to see this happen to Carolyn and her family. I'm appalled by the dire financial and living situation the Shaffer's are experiencing. I respectfully ask that you help this family financially become whole again. I remember when the twins were baptized in our church, so my heart bleeds for them to have such an unstable last year of high school and to live away from each other. My best, Tia Hatch 815 Michelle Avenue Ashland To Mayor Stromberg and the Ashland City Council My family moved to Ashland in 1990. For over 25 years we have been proud to call Ashland home, to live in a small city that was progressive and caring. The city has struggled over the years with various issues, be it the homeless, a peace fence, speed bumps or dealing with a major flood, but I never felt our city was unfair and shirked its responsibilities. The horrific event that occurred to the Caroline Shaffer house on October 28, last year is changing our minds. That the accident occurred is unfortunate and may or may not have been preventable, but that the City of Ashland has failed to step forward and right the tremendous wrong that has befallen the Shaffer household is unforgivable. No single family should have to bear the devastating and astronomical financial burdens caused by an ASHLAND city utility. Whether it was negligence, human error or an extremely unfortunate circumstance; the fact remains that the sewer system belongs to the CITY and the City is responsible. If someone falls on the sidewalk in front of my house and is injured; I, as the homeowner, am responsible. It would fall to me to pay for any medical expenses, etc. That fact does not change if the fall was caused by negligence or an unfortunate weather situation. I most strongly urge that the City of Ashland to address this situation, pay for all repairs and services caused by this accident. It is the RIGHT thing to do. Lois DeBruno 130 W. Nevada St Ashland, OR 97520 fames adams <'amesnicladams"s1 rale.c0m> G re c; e) htt )s: us-n !6. inaiLyahoo.com/tieo/lauticPx-md=Zi78iq fOkc2o2 That's very good to hear. With best wishes james JAMES ADAMS I Chairman I WorldWide Audio Ltd 541.864.9930 1 httL_~~ On Jan 30, 2016, at 4:07 PM, Greg n> wrote: Hello James "There is much more to story here. I cannot go into great detail, but I can assure you that the council and the city has every intention of working with the family and making this right. I am disappointed it has gone down this road. I think it is unnecessary because I know the intent is to work with them so they are made whole again. Greg '-rnt %!:t 1110 tiam,uri, t KdA\% III . sn; A I & I-l( i I.I IT ~martphomc Original message From: james adams Date:01/30/2016 1:19 PM (GMT-08:00) To: `ti'lt 1i?111l .U+7t 1.t l~ !i Subject: Fwd: asking for help If the email below is accurate, the behavior of both the City Attorney and the Council itself is disgraceful. There must be a duty of care by the city for its citizens and there is an obligation for the city to step up and make right the damage that has been caused. The council can apparently spend much time and money debating the homeless who contribute nothing to this community but can spend neither time nor money taking care of its own citizens. I look forward to hearing that you have stepped in to resolve this matter. with best wishes, James JAMES ADAMS I Chairman I WorldWide Audio Ltd 541.864.9930 1 ~-ittP:/'/i'VIww,worldwideauci4io.,t--o.uk u6w 1'ames adams <james@beeaudio.com> f j,ZvrA John Stromberg https: tis-mg6.iiiaii.yaiboo,co iii jrieo,laurtcli?.r-arici=2178icif0kc2o2 If the email below is accurate, the behavior of both the City Attorney and the Council itself is disgraceful. There must be a duty of care by the city for its citizens and there is an obligation for the city to step up and make right the damage that has been caused. I look forward to hearing that you have stepped in to resolve this matter. with best wishes, james JAMES ADAMS Chairman I WorldWide Audio Ltd 541.864.9930~tt-~ abw4d From: Jack Gibbs <fortress~o~arse~f~a gr-nal1_corn> Date: January 27, 2016 at 10:45:59 PM PST w ~11yy{{((11,% J To: Colleen Gibbs <cQiboeN' sb lobai.net> Subject: RE: Fwd: asking for help 1~11 I wrote this; It would seem that the city should reimburse the Carolyn Shafer family, in FULL, for the incredible devastation they have endured due to the atrocious faulty sewage line incident ...at the very least. I would not be surprised if they were awarded punitive damages as well , based on the circumstances. Logic and reasonableness suggests that not having adequate insurance does not justify stiffing a maligned resident. If there are other matters involved please let us know. I know you all work hard and do your best. Thank you for doing the right thing here. Sent via the Samsung Galaxy NoteO If, an AT&T 4G LTE smartphone PU January 2 , 2016 Mayor Stromberg and the i'kshland City Council 20E. Main St Ashland, OR 97.;--,o Re: scNNrage disaster on October 2h, 2or- Home of Caroline Shaffer and family Dear Mayor Stromberg and Ashland City Council `Iembcrs, I have just found out about the sewage disaster, which happened to Caroline and her family on 10/28/201;, and I am appalled. Clearly it is a failure of the city:s scNver system and it has caused irreparable damage to the home and belongings of Ms. Shaffer and her family members. I am also upset that the Cite of Ashland has not inspected their home or been more involvcd in assessing the damages caused by this sewer failure. I, too, am a homeowner in Ashland and pay the city's utility bills that arc associated with my home. I fear for something like this happening, to my family and my home, and to also be told "the City yvould not corer m\ damages". But, its it the Cite of Ashland who manages, services and bills it's residents for the utilities, sever, and \vater service? Seems to me like payment for service would also include some responsibility on your behalf to maintain. repair and fix damaged sewers or utilities'. But in the case of this family and their losses. you arc not taking adequate responsibility for helping to repair the damages to their home, nor arc you being understanding of the extent of personal damage and loss that they have incurred. It's time to take fills respc)nsibility for this awful disaster and to help this family recover their- home. The City's insurance should provide the primary coverage for this disaster'. It is unethical to not pay out the full extent of the damages to the Sllaffer Family-after the frill extent of their losses and the chaos that it has brought into their life. Letter of Concern: sewage disaster 10/28/15: Caroline Shaffer I implore you to re-examine who's at fault here, as a fellow citizen in this town, I am watching; to see that you do the ethical and responsible thing: pay for the damages to this family which will allow them to get back on their feet and to have a home to their name. I await your careful re-consideration of this situation. Respectfully, r' Celine Buclek I I i(;h Street Ashland, OR 97,;20 Letter of Concern: sewage disaster 10/28/15: Caroline Shaffer