Clay Mattern of 39th Street in Shadyside asks Village Council on Monday for assistance from the village insurance after his home suffered a sewer backup. He argued that village negligence of the lines may have contributed to the problem. He was told the insurance did not hold the village responsible. T-L Photo/ROBERT A. DEFRANK

SHADYSIDE — Village Council heard from some dissatisfied residents Monday as members prepared for fall.

Council heard from resident Clay Mattern of 39th Street, who asked if the village could help with a sewer backup incident.

“On July 21 when they had that heavy rain, my sewage backed up into my basement, put about 4-6 inches of raw sewage in my basement. It took out flooring.

We lost clothes, furniture, probably in the neighborhood of maybe $10,000 worth of damage,” he said after the meeting.

The village was informed by its insurance company that a random object caused the backup and there was no way to say if the village was at fault, so the insurance denied the claim.

Mattern argued that the village has been negligent of its sewer lines, which could have contributed to the issue.

“I didn’t cause that. My line wasn’t plugged. Mine was open or that sewage wouldn’t have gone into my house,” he said during the meeting. “This is like being in an accident and making the guy that you hit have to pay for your car.”

Village Attorney Tom Ryncarz said if the village adjuster says the village has no responsibility, the village should follow this ruling.

“If you disagree with that decision, then you talk to a private attorney and see what your recourse is. If that means suing the village, then I guess the attorney and you will sue the village,” he said. “We can’t just pay everybody that comes in here that has an issue. We just can’t.”

Mattern was dissatisfied.

“I’m not a rich man,” he said. “I’m not looking to get rich. I just want what is right.”

Mayor Bob Newhart said options are limited.

“Mr. Mattern, I’m sorry, but it’s going to have to be resolved in court. We did turn it in to the insurance. They said: ‘No.’ We can’t control that.”

Mattern asked how often the village checks and maintains the sewer lines. Council members did not have that information at hand but said that information could be provided.

Council also heard from Mark Glasser of Riverside Drive and Grand Avenue, who brought up an issue with Litman Excavating’s project to install new water valves throughout the community. Glasser said Grand Avenue was connected to Riverside Drive by an asphalt lane, and the company dug up the asphalt and laid gravel during the work but did not restore the asphalt. The village will contact the company. Councilman Nick Ferrelli said the village is dissatisfied with several aspects of Litman’s work.

Also, Councilwoman Melanie Haswell spoke about the issue of an overgrown creek at 43rd Street, raised by a resident during the Aug. 14 council meeting, along with flooding concerns and whether the village could be responsible for cleaning it out. Haswell said she spoke to Mead Township Trustee Ed Good, who gave her information from the Cuyahoga Soil and Water Conservation District, which seems to suggest the village has authority to step in and clear the creek.

Ferrelli said there might be a liability issue should a village employee be injured on the job while on private property. Ryncarz looked over the information and said it refers specifically to log jams and sandbars, not overgrowth. Newhart said he has contacted Belmont County officials and the county has not gotten back to him yet.

Newhart continued.

“The problem is, if we went in and cleaned it up, it’s going to be that way in two months. It’s just going to come back. We’re not allowed to spray anything in there,” the mayor said.

Councilman Robert “Bushwacker” Gorrell said the property owner should be responsible. Haswell said the village has not issued citations.

In other matters, Police Chief Don Collette reminds the public that school is back in session.

“We’ve stepped up our enforcement in these school zones. There will be no tolerance. If you’re caught speeding in a school zone, you’re getting a ticket. Kids are our Number 1 priority.”

Also, the village office will have temporary hours for about a month while Betty Snyder transitions from working at the water department to working full-time as village clerk after the prior clerk left. Hours will be 9 a.m. to 3 p.m. Monday, Tuesday and Thursday, noon to 3 p.m. Wednesdays, and 9 a.m. to 2 p.m. Fridays.

Trick or treat was scheduled for 6-7:30 p.m. Oct. 31.

Council went into a closed-door session for about 20 minutes to discuss personnel. No action was taken.