Anderson, Jonathan From: Sent: To: Subject: Celestine Jeffreys Friday, July 20, 2018 2:51 PM Anderson, Jonathan Incident in February Jonathan, Our responses are below in blue. Good morning, I am preparing a story about the homeowners involved in the February 16 water main break on Humboldt Road. The story will report that: 1. The city has yet to decide whether it will compensate the homeowners, despite the incident occurring five months ago. The City has received 3 claims pertaining to the February 16 water main break on Humboldt Road: Lindsay and Todd Arquette’s claim was submitted on 5/1/2018, Chris Johanek submitted his claim on 5/21/2018, and Matt Sorenson’s claim was submitted on 6/14/2018. By state law, the City has 120 days to take action on a claim after a notice of claim has been filed. Although a department involved may begin compiling information as soon as an incident occurs, the Claims Committee is unable to review a claim until after a claim is received. At that point, the Committee reviews available information and may conduct its own investigations to determine whether liability exists, which is why we are afforded 120 days by law. The City has been diligently investigating liability for the claimed damages since that time, and in fact, has received requests from claimants to provide additional information at the claims committee meeting next month. We are working to bring closure to the impacted families as quickly as possible. Also, the Water Utility adopted master plan that is an inclusive, risk-based assessment of our entire drinking water system. 2. Other cities have helped residents clean out after water main breaks and have compensated them for damages, even if the city’s legal position was that it was not liable. At prior finance committee meetings, City officials have had discussions on whether it would be prudent to establish a fund intended to assist families affected by City operations where the City did not act negligently. However, that is a separate discussion from the liability issue which is still under evaluation. 3. Matthew Sorenson said Green Bay provided little meaningful assistance to him and his family. He also said the city threatened to fine him and billed him for bulk pickup and permits. We have at all times acknowledged that the water main break caused a major hardship for the Sorenson family, and as a result, staff and elected officials have offered assistance where we could. However, as a municipal operation, there is very little we can do to help with shelter and living necessities. That is why we rely so heavily on our partners in the community, such as the Red Cross, who are equipped with those resources for emergencies such as this. As for the bulk pickup, our Department of Public Works confirmed that there was a miscommunication between Mr. Sorenson and city staff, wherein neither one adequately identified that the pick up was for material damaged by the water main break. As a result, Mr. Sorenson was given directions on the City’s normal procedures for requesting bulk 1 pick up. The error was identified and corrected, and material was collected from the property at no charge at least three times. 4. Sorenson said he had asked for a dumpster to put the damaged materials in and was told the city would not provide that. The City does not have dumpsters, as only garbage carts are provided to residents. Dumpsters are privately serviced, so the City was unable to provide the dumpsters as requested. 5. Sorenson’s attorney said the city was “beyond negligent” because the city was fully aware of the ailing pipe, the type of which other cities have replaced, and did nothing. The attorney’s claims are being fully evaluated by the claims committee. 6. Sorenson’s attorney filed a public records request with the water utility approximately seven weeks ago and has not received any responsive records. The utility had not even acknowledged the attorney’s records request until she threatened to file a mandamus action. See e-mail from Nancy Quirk. 7. Multiple mayoral candidates say the city’s handling of the incident was unacceptable and that the families should be compensated for the damage to their properties. The City has never defended its response to this incident. We acknowledge that this was a major hardship for the families involved. We have evaluated our own internal processes to better serve our residents during their times of need, especially in emergencies of this magnitude. We have identified a main point of contact for all emergencies of this nature, and established clear channels of communication with community partners to help expedite their response with the needed resources. However, whether the City was negligent for the break and the damage that resulted is a separate issue from providing community assistance. The decisions of the claims committee are based exclusively on a determination of liability under existing law which is still under review. If you wish to comment and/or respond, feel free to call or email me today. I would like to include the city’s perspective on this matter. Thank you. Jonathan Anderson Reporter Desk: 920-431-8211 Mobile: 920-621-0473 Email: janderson9@gannett.com Twitter: @jonathanderson PART OF THE USA TODAY NETWORK 2 Celestine Je??reys Chief of Staff Of?ce of Mayor Schmitt 920.448.3006 A: 1? 14/!