Lindsey Brenner tells council Monday night that a drainage problem at her 1020 Cloverton Drive property is the the borough's responsibility.
A Columbia couple angrily confronted borough council Monday night over an ongoing dispute about a retention basin on their property. At issue is who is responsible to fix a drainage problem with the basin. The couple, Tim Hess and Lindsey Brenner, claim stormwater often floods their 1020 Cloverton Drive property due to an improperly placed drain pipe. They believe responsibility lies with the borough to fix the problem.
Armed with documentation and photographs, Hess and Brenner said that despite appearing at three council meetings over the last four months, they have not had their concerns addressed. "I want to ask you, if this was in your backyard, if you would be okay with it, because you wouldn't," Brenner told council.
"How do you want me to fix a borough and state issue?" Hess asked council. He also said that a retention basin should be able to be mowed, noting that six- to seven-foot cattails are growing in the basin.
Council President Kelly Murphy explained that the borough is not responsible for maintaining the basin. He suggested their attorney contact the borough solicitor. Brenner asked why they should have to spend $3,000 to hire an attorney to have the borough fix a pipe.
Brenner said a letter she received from Public Works Director Ron Miller acknowledges a problem with the basin, specifically a water problem on the surface and a drainage problem. The couple said the borough's engineer told them that no record exists of "how the basin is supposed to be."
Lindsey Brenner, with husband Tim Hess, shows a document to council supporting her claim of responsibility.
Brenner cited a document from the Lancaster County Recorder of Deeds stating the problem is the borough's, because the pipe and the drainage are specific to Columbia Borough. Brenner said information on the street's dedication is somewhere in borough meeting minutes from that date.
Brenner argued that a legal binding document was filed with the county when the signed the deed for the property. Borough Manager Greg Sahd, however, pointed out that the document was not signed by the borough. Borough Solicitor Robert Pfannebecker agreed with Sahd, saying that somebody else put that language in the deed, which the borough did not agree to.
"It's a legal argument that should be resolved by your attorney talking to us." Pfannebecker said.
Lindsey Brenner chides council about
having to hire an attorney
to fix a drainage problem on her property.
More information on this issue, including a video of the affected area, can be found at Columbia news, views & reviews HERE.