Re Flaherty Concern Reference His Back Yard Issue Due To Heavy Rains ID: 32049

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Dave,

The meeting is not yet confirmed, and Alysen will coordinate a time that works with your schedule. I think she was looking at Oct. 29 based on your prior email that you would be available after Oct. 28.

The purpose of the meeting is to give you the briefing. If you prefer to meet with Alysen in advance before the meeting with the neighbors, that can certainly be arranged.

We have not engaged legal directly at this point because the facts of the case are pretty simple. The legal standard for liability here is negligence. There is no evidence that the storm system caused the problem. The storm drain is functioning properly and performed as designed. However, even if the storm drain was faulty in some way, we would have had to known about the problem and refused to fix it (negligence) in order to have liability. I can engage Steve for some hours to have him draft this up in a memo if you prefer.

Thanks,

Lauren


From: Dave Rittman [dave@redacted.com ]
Sent: Tuesday, October 20, 2015 7:47 AM
To: Lauren Palmer; Dave Rittman - Personal Email; Jim Werner - Personal Email
Cc: Alysen Abel; Nan Johnston - Personal Email
Subject: Flaherty concern reference his back yard issue due to heavy rains

Lauren,

Good morning. As a memo, Mr. Flaherty has not communicated with me yet on any dates beyond the original e-mail Alysen forwarded to me late last week, nor have I heard from Jim or others. I would prefer not to get off the plane late night on the 28th and walk into this proposed meeting the next day blind. My e-mails and phone all work ... sometimes all to well (smile).

As I have only seen Mr. Flaherty's original e-mail (with no attachments) sent to me by Alysen, have not heard from Jim Werner yet, etc ... subject to Nan's and your judgment, I would appreciate a brief informal position summary from our legal council Steve on whatever happened relative to City liability, and if the circumstances of the City's observations do not match the write up from Mr. Flaherty ... I would need to know that also - and what the City sees.

Thanks.

Dave Rittman

816-590-xxxx or 340-690-xxxx

daverittman@redacted.com

  _____  


From: Lauren Palmer [ lpalmer@parkvillemo.gov ]
Sent: Monday, October 19, 2015 5:07 PM
To: Dave Rittman; Dave Rittman - Personal Email; Jim Werner - Personal Email
Cc: Alysen Abel
Subject: RE: Asking for your help - Dave Rittman response

Aldermen Jim and Dave,

Alysen and I visited this afternoon. I understand that she has tentatively scheduled a meeting with Mr. Flaherty and others on Oct. 29 after Dave returns to town. I'll let her confirm details. I suggested that everyone meet on site - at least initially - to get a better understanding of the issue. Alysen has my confidence to handle this, so I'm not planning to attend. This is a neighborhood issue that deserves your attention, but again I want to urge some caution. Alysen reviewed the issue with me today, and I remain convinced that the City has no liability to repair what amounts to erosion issues on a private property. The storm system is performing as designed. I trust you will be open-minded and hear all of the information. If after the meeting you feel the City has some obligation toward Mr. Flaherty, please allow us to discuss that offline together before you make any commitments to the property owner or others. How we respond here may set a precedent for similar private property situations. I just want to make sure we weigh all of the legal and risk implications before making commitments.

Let Alysen or me know if you have questions before the meeting.

-Lauren


From: Dave Rittman [ dave@redacted.com ]
Sent: Saturday, October 17, 2015 7:51 AM
To: Lauren Palmer; Dave Rittman - Personal Email; Jim Werner - Personal Email
Cc: Alysen Abel
Subject: RE: Asking for your help - Dave Rittman response

Lauren,

Of course. I am out of town on business, not back until late Wednesday evening Oct 28 - thus my discussion would you would need to be by phone 816-590-xxxx )... and obviously I can not make any meeting with Bud on the 21st ... but I am absolutely available for you. As a memo, his e-mail did not reach me yet, only yours. That's unusual ... the e-mail system is usually very reliable, regardless where I travel

Dave Rittman

  _____  


From: Lauren Palmer [ lpalmer@parkvillemo.gov ]
Sent: Friday, October 16, 2015 1:34 PM
To: Dave Rittman - Personal Email; Jim Werner - Personal Email
Cc: Alysen Abel
Subject: RE: Asking for your help

Dave and Jim,

Please give Alysen and me a chance to discuss this with each other (and possibly legal/MPR) before you respond to the home owner and make a commitment to meet. We should proceed with caution here. What Mr. Flaherty is describing is a liability claim, and we have a defined process and paperwork for handling claims that keeps us from doing or saying things that could hurt us later. I don't have all of the details here, so I need to get up to speed. Based on what little I do know, the City doesn't have liability. I understand the need to be responsive to our citizens, but we also need to be careful about getting involved in a private property matter. Alysen and I will discuss this on Monday and get back with you early next week. Since the email was directed to you, I leave it to your judgment if you want to respond immediately with something generic like ``looking into it - will be in touch.

Thanks,

Lauren


From: Alysen Abel
Sent: Friday, October 16, 2015 1:23 PM
To: Lauren Palmer
Subject: FW: Asking for your help

Please let me know who from the City should attend this meeting. I can fill you in on some of the history with this project at our meeting on Monday. I am not sure how the City is a fault for the ``landslide.

Alysen


From: bud flaherty [ bbudroy@redacted.com ]
Sent: Friday, October 16, 2015 9:34 AM
To: Jim Werner; Dave Rittman
Cc: Don Julian; Raj Thaker; Christine Lentz; Alysen Abel
Subject: Asking for your help

Gentlemen,

I am trying to coordinate a meeting with Alysen Able and representatives of the Riss Lake HOA, Don Julian and both of you if possible. The purpose of the meeting is to request the city to remediate a landslide in our back yards and on HOA property that occurred September 11th during a rain event that overwhelmed the city storm water drain.

Jay Thaker and I live at Riss Lake in the Reserves. On September 11th there was a very significant rain event isolated to our area (see attached). We received 4 inches or more of rain in a very short period of time. As a result there was a landslide in our backyards. A city storm water drain is located between the Thacker's home and ours on Edgewater Drive. At first we thought the drain may have been leaking and Alysen was very helpful in having it inspected and the drain was in good shape. We then had a soil engineer inspect the landslide and was informed the fill on the hill was not at fault and the drain was not a problem. However due to the rain event the drain inlet was overtopped and the runoff was channeled by design of a swale between the homes to the hillside. When the runoff water reach the bottom of the steep hill it was obstructed at the tree line and began undercutting the toe of the hill which triggered the slide.

We would like to work together with your support so the HOA land and our lots can be remediated by the city. Alysen was kind enough to gives us a few dates and times. So far Wednesday the 21st at noon seems to work. Would that time be possible for one or both of you? Please let me know and if you have any question call me.

Thank you,

Bud Flaherty

xxxxxxxxxx

Parkville, MO 64152

816-520-xxxx

bbudroy@redacted.com