Friday, January 30, 2009

 

Flooding still problem for Mallard Point (From Today's Elburn Herald)

by Susan O’Neill

More than 100 residents of the Mallard Point subdivision in Sugar Grove attended a meeting on Tuesday called by the Village Board to listen to flooding and drainage concerns. One by one, the residents located their lot on a map of the subdivision and told their specific problems.

Most said they had sump pumps that either never shut off or that run every few minutes. A number of residents said their basements flood every time it rains; others said they have yards with pools of standing water.

Tom Scales said there is so much flooding in his yard that his children lose their shoes in the grass the day after a rain.

For some, the problems have been ongoing. According to an Elburn Herald article in June 2000, resident Laurie Geary said that she and her husband had already had extensive work done to solve the drainage and flooding issues.

“Ten sump pumps later, we discovered our dream house is built on a water aquifer,” she said then.

For others, like Leo Brown, the problems are just beginning. Brown, who has lived in Mallard Point for 10 years, said his sump pump had cob webs in it for the first eight years. He said now it goes on all the time, with a substantial increase in his electric bill as well.

Problems with the subdivision date back to the mid-1990s, when Mallard Point was first built. After the first builder declared bankruptcy, two others took over before the development was finally completed. Difficulties determining who was responsible for what problems go back to the beginning.

Although the annexation agreement called for the establishment of a homeowners association, one was never created. There was also some discussion about establishing a special services area. This would have meant Mallard Point residents would have been charged an additional tax that would pay for maintenance of the property and other outstanding issues, but that did not take place, either.

According to Village President Sean Michels, the development was built with inappropriate grading, causing many of the flooding and drainage issues.

Brad Sauer, who owns the property directly to the south of the subdivision, said that Mallard Point’s drainage problems have destroyed the crops and made that land, once farmed, unusable.

“I know some people think I’m the bad guy,” he told the crowd gathered on Tuesday. “I’ve spent thousands of dollars trying to fix the problem, so I’m with you. I want this problem fixed, too.”

Karen Romero, who lives on Brookhaven Circle, attended the Jan. 6 Village Board meeting to see if she could get any assistance from the village. Romero told the board her basement had flooded three times since the beginning of 2008.

She said when she initially approached village staff in October 2008, she was told the problem was a leak in the water line on her property, and it was her responsibility to fix it. She said it wasn’t until she had someone dig up her entire lawn that she discovered it was not where the problem was. She said she has been through three sump pumps and now the sewer line is backing up into her basement.

Romero said that so far, she has spent about $5,000 trying to fix the problem on her own. The last tradesperson she hired told her it was a drainage issue.

“I just don’t want other people to have to pay all this money like I did,” she said.

Trustee Kevin Geary, who owns a home in Mallard Point with his wife Laurie, said he did not feel the village had been responsive to Romero’s concerns and those of other Mallard Point residents. He and village presidential candidate Perry Clark held a meeting with residents several weeks ago.

“I’ve been getting phone calls from everyone,” Geary said. “My opinion is that the village did not want to be bothered with it.”

Village attorney Steve Andersson said the Village Board has asked him to research what the rights and responsibilities are for both the village and the landowners, including the Mallard Point residents and Sauer.

Although several residents said they wanted a timeframe in which the village thought the problem could be solved, village officials were reluctant to set one.

Trustee Mary Heineman said she has spent 12 hours so far talking to people and reading through previous meeting minutes to get a better sense of the problems. She asked the residents for their patience while the village takes steps to come up with both short-term and long-term solutions.

“While I know you all want a timeline, we don’t know the extent of the problem, so we can’t determine how long it will take,” trustee Melisa Taylor added.

Andersson said he will review the annexation agreement, and work with the engineers to determine the problems, as well as attempting to determine what is village-owned and what is not.

The Village Board is expected to approve a contract with the engineering firm Trotter & Associates at its next board meeting on
Tuesday, Feb. 3, to evaluate the problems.

Comments:
Why did Sauer (or why would anyone) buy that land?
 
For $4,500.00 I may have bought it too. That is if I had know it was for sale.
 
Hmmm, why didn't the village have the homeowners of Mallard Point buy that pond/land then??? At the cost of 4500.00, that would come out to about $25.00 a house. This just does not make sense. I think the land that the pond is on should have had a prerequisite attached that the buyer would be responsible for maintaining that area, including dredging and/or burning it as needed.

Come to think of it, why was this overlooked in the first place? Why did the village not insist on a homeowners assn. before one house was sold? Or at the very least, some type of system to ensure that the pond got proper maintenance???
 
The village has consistently dropped the ball on many subject. They then ignore, stall and pass the buck. Just look at the lack of development of commercial property. The businesses continue to go to the neighboring communities because of the arrogance of this group of trustees (with a couple of exceptions). Just watching the one board members (I wont mention the name but those of you at the special meeting know who she was) keep asking "how long have you lived here" "when did the problem start" with her smug pursed lips told me the story of where she was on this process. It looked like she was getting a list together so that she could figure out who and where to place the blame for the problem. The other trustee who said that she had spent 12 hours researching the problem. Hello, that is the job you accepted when you were elected to this position. Did you think you were joining a country club where you get something for doing nothing. The way she said it sounded like we should have all offered her some kind of prize or started to clap and nod in appreciation. I am just waiting for them to come up with their excuse to continue ignoring the problem. Will it be that it's not storm drain related so it is a MP problem? Maybe it is our fault for letting too much water drain off our properties? Or, they will tell us that we need to sue Kenneth James Builders on our own. What I am sure about is that they will do everything they can to avoid writing a check to fix a problem that they let grow because the village has avoided responsibility and neglected to do their job for years. How is it the fault of the residents that..... A homeowners association was never formed, the drain tiles were not extended properly, homes were built with basements were slabs should have been used, variances were approved and others. The village needs to step up and admit that they screwed up and accept the result of their absentee management and fix the problem once and for all. We don't need a partial solution that will haunt us all forever, we need a real solution and we need it now. Keep talking and keep showing up. Tell the village and this board that we will not go away quietly.
 
Out of Curiosity......
At the village meeting with Mallard Point homeowners, there was mention of another subdivision also having flooding and a drainage tile issue. The village repaired this problem without added expenses(SSA) being implemented on the homeowners. I am interested in knowing the time frame of this problem occuring and village's repair response. Also, was this expense allocated in the village budget? Mr. Michaels has stated the water issue in Mallard Point is not allocated in the 2009 village budget. I find it hard to believe the repairs which occured in the other subdivision where "allocated" in the budget.
 
One of our village trustees made a comparison of the water problem in Mallard Point to a "leaking roof". If our roof was leaking, we would definitely temporarily fix the problem until a long term solution was available. We would not sit there and continue to let water enter our home without exhausting all extremes. Would she sit there and watch the water enter her home with damages accumulating, while she decided how to fix the problem? I highly doubt it!!
 
Referencing the townhomes at Mallard Lane and Route 47; Where is their designated retention area? The Ogle Farm is adjacent to the north, private sector to the south and "the pond" along with park district property to the east. Is "the pond" their source of retention also?
 
I agree with Anonymous. Mayor McCheese looked like a deer in the headlights standing next to his lawyer. He and the board have all ready concluded they will stick us with the SSA (because both he and the lawyer said it was within their rights to do so). They will take the easiest legal way out for them, and stick it to the rest of us, despite the fact that we pay taxes in this town, despite the fact that we can vote him out of office. Prepare to be shafted.
 
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