Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Deerstone Stormwater topic
No spam. Unsubscribe anytime.
Council weighs Deerstone homeowners' drainage complaints; staff directed to review legal options
Summary
Council discussed longstanding private-property drainage impacts affecting two Deerstone homeowners and asked staff and the town attorney to review legal authorization and options; residents and the upstream property owner have expressed some willingness to contribute toward a fix.
Council discussed a multi-year drainage complaint from two homeowners in the Deerstone neighborhood and directed staff to review legal and practical options before taking fiscal action.
Todd (staff presenter) described a situation in which work on upstream private property previously stored dirt and temporarily held back flow; removal of that material altered how stormwater moved and led to sheet flow into the homeowners' yards. "This is private water, so . . . the town can't fix this problem technically based on our storm orders," Todd said, while explaining the underlying hydrology and previous enforcement steps taken years earlier.
The upstream property has since changed ownership. The current owner indicated a willingness to permit work on his property and to assist with establishing a future sewer easement; the new owner, however, did not commit to paying for improvements. Todd provided a very rough estimate of about $30,000 to do the work if contracted out. Residents in attendance reportedly said they had spent thousands of dollars attempting remedies on their own; two residents indicated they could contribute about $1,000 each to a remedy.
Council members raised legal and fiscal concerns about using public funds on private-property drainage work. One council member suggested having the town attorney review the request to determine whether the town is legally authorized to spend municipal funds on a private drainage problem and what conditions (e.g., easements, indemnities) would be required. A motion was not made; instead a councilmember suggested staff member Melanie examine the matter and return to council at a future meeting with options. "I'm a make a suggestion that Melanie look at it. We'll bring it back for the next meeting," a council member said.
The council therefore directed staff to develop a report on legal authority, potential cost-sharing arrangements, required easements and next steps; no appropriation or contract was authorized at the meeting.
