City of Ann Arbor SSWWEP - Citizens Advisory Committee Coordination

CAC member statement from Peter Houk

Posted by Peter Houk on 27 Nov, 2014
Category: No category

Dear CAC Members:

I put together the following statement explaining why fair treatment for FDD participants is important. I invite you to join me in this statement.

It was a pleasure serving on the CAC with you.

Thanks

Peter Houk

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Through the FDD program, the city has substantially reduced the risk of basement backups in the target areas. The costs of the FDD program, however, were not equally distributed among sewer customers. Many FDD participants were not at risk themselves for basement backups, but their participation was nonetheless critical to the success of the program. FDD participants paid for the program through their sewer rates, as all sewer users did, but they are also paying for other ongoing costs: the loss of floor space in their basements, operation and maintenance, and extra insurance. Also, some residents who were the recipients of sub-standard FDD installations have had to pay to repair their homes after they were damaged by water and mold.

The CAC has generated several options for ameliorating the cost and inconvenience that FDD recipients have incurred as a result of their participation in the program. These ideas are intended to ensure that residents who participated in the FDD program when it was mandatory and intended for city-wide implementation are treated fairly. CAC members are not necessarily experts in municipal law nor municipal administration nor sewer engineering, so some of the ideas that have been put forth may not be feasible. Even if the CAC's proposals cannot be executed, the effort that went into formulating them should be taken as evidence that CAC members expect the city to do more to ensure fair and equitable treatment of all FDD participants. This sentiment is also reflected in the CAC poll: 8 CAC members voted in favor of backup pumps for FDD participants and 10 CAC members voted in favor of paying for damage caused by out-of-spec installations.

Fair treatment for FDD participants is important to CAC members for the following reasons:

Their participation fixed the basement backup problem.
Because of their participation, additional residents in the target areas and throughout the city will not need to have FDD done to their homes.
Because of their participation, the city avoided a sewer system upgrade that would have cost millions and would have destroyed open space and natural areas in the city.
The city needs to demonstrate that those who participate in efforts to improve the community will be treated fairly. After all, this is not the last time the city will need resident participation to fix a big problem.

To achieve fairness and equity for FDD participants, we as CAC members propose these actions and urge council and staff to find ways to implement them:

Backup pumps. Many FDD participants were not at risk for basement backups, but in order to solve the basement backup problem they had to forfeit their very reliable gravity-based systems and replace them with sump pump systems that don’t work during power outages and are susceptible to mechanical failures. Adding a backup to the sump pump will give FDD participants a system that is more reliable. While a sump pump with a backup pump will never be as simple or as reliable as the gravity-based systems these homes were built with, it will be much better than the system that the FDD program originally provided. Furthermore, other municipalities in Michigan included some support for backup systems in their own FDD programs.
Pay damage claims for sub-standard FDD installations. City staff have proposed fixing sub-standard FDD installations, and this is a good start. But the damage that these installations caused needs to be fixed too. Even if the city doesn’t have a legal responsibility to fix this damage, it needs to demonstrate that it will stand behind the residents who allowed their houses to be modified so as to fix the basement backup problem. The city needs to pay damage claims for problems caused by sub-standard FDD installations.

Comments

Robert Czachorski on 1 Dec, 2014:

Peter, FYI - this message was not tagged for any notifications so I just edited to tag the CAC. I made no other changes.

Take care,

Robert

Charlie Fleetham on 1 Dec, 2014:

Peter - thanks for your contribution to the Executive Summary. I urge all CAC members to either weigh in on Peter's comment or contribute one of your own.

Thanks!

Charlie

Peter Houk on 1 Dec, 2014:

Thanks for fixing that, Robert!

Beverly Smith on 2 Dec, 2014:

Peter,
Thank you for the edits you made to your original statement. I think it is a great summary of the important message council needs to hear about our work. I would like to add my name to this statement.
Bev

Sent from my iPad

Peter Houk on 2 Dec, 2014:

Thanks Bev! I appreciate the input you gave me on my statement and I enjoyed working with you on the CAC.

Take care

Pete

Judy Hanway on 5 Dec, 2014:

I support Pete's statement.

Pete, thank you for your very well-written message.

Judy

Judy Hanway on 5 Dec, 2014:

I have additional comments that I would like to add:

My first thought on hearing about the FDD Program was, “how can this be legal?” The FDDP program, the DOM, and other aspects of the program are currently under the scrutiny of a pending lawsuit and other lawsuits are likely to follow. The legality of the initial FDD Ordinance is in question and this will need to be settled in the courts. Any and all recommendations in the SSWWE final report regarding FDDs and the DOM program must be evaluated against the final resolution of the pending lawsuit(s).

No more mandatory FDDs!

Common sense says that water pipes above the frost line (42” in Michigan) will probably freeze. A thorough investigation (by an independent group of professionals) of the frozen pipe depths, especially in low-flow conditions, should be undertaken. The current specifications developed by CDM for the curb lines do not appear to comply with common sense building and engineering practices and codes. Something needs to be done to prevent these lines from freezing!

Having the air gap next to the foundation wall is a bad idea. If and when water pours out of there, it could (and has) damaged the foundation wall and reentered the house through cracks in the foundation.

There should be pre- and post- radon testing if any more voluntary FDDs are to be done. A sump pump is a known entry point for radon. I think radon mitigation should be funded at all FDD/DOM locations. At the very least, all FDD homeowners should be informed that they should have their radon levels checked. The current FDD website implies that there is nothing to worry about regarding radon from the sump.

The FDDP saved the city of Ann Arbor a lot of money – because it passed many costs, as well as the responsibility of upkeep, onto the individual homeowner. Homeowners who agreed to disconnect, did the city a big favor. They should be compensated for the expenses they’ve incurred.

Backup systems should be provided to those homeowners who want one. There are newer systems available now that are better than the 8 hour battery backup.

The City Staff should pursue seeking a variance to the state plumbing code in order to allow overflow of sump water to drain (via gravity) to the floor drain. This would help to alleviate basement flooding during power outages.

Homeowners who have had problems since disconnecting their footing drains should be compensated (this includes making appropriate repairs and paying damages).

We should dispose of the “pre-qualified” contractor requirement for the FDDP. If someone volunteers to disconnect, they should be able to hire any licensed plumber to do the work.

The DOM program should allow developers to fund infrastructure improvements as part of their mitigation requirements.

The City needs to address storm and surface water to prevent this source of water from reaching the footing drains. The storm water budget needs to be enlarged so that more of the problem areas can be fixed.

The SSWWE CAC has been assured that there is adequate capacity at the Waste Water Treatment Plant. However, I remain unconvinced. I see all the high-density buildings going up (dorms, apartments etc), and can’t help but wonder how accurate the projections are.

We need to stop paying for multiple studies and consultants and start using our funds to fix the infrastructure!

The city of Ann Arbor needs to do what is necessary to stop future sewage backups (including a more aggressive rotating maintenance program, permanent metering, video inspection of pipes, repair leaking sanitary sewer pipes, and install gasketed manhole covers, especially in low-lying or Target areas).

Joe Conen on 5 Dec, 2014:

Please note me as concurring with Peter's statement.

A back up pump should be provided and installed for any FDD participant who would want one.

As a community we should treat the FDD participants with respect and fairness. This includes compensation for damage that resulted from to inadequate sump/pump installation

Thanks, Peter

Joe

Michelle Lovasz on 5 Dec, 2014:

I agree with all Judy has said. And Joe.

City of Ann Arbor SSWWEP - Citizens Advisory Committee Coordination — City of Ann Arbor

CAC member statement from Peter Houk

Comments