City caused restaurant's flooding by wrongly elevating adjacent lot, owner says

Porter's Pub owner Jim Hanley on Monday shows exactly where the water poured in. At left, the lot under water during February rains. (Rochester Voice photo; flood image/courtesy)

ROCHESTER - A Hanson Street restaurant owner says the city's elevation of an adjacent lot caused his business to flood earlier this month, costing him thousands of dollars.
Jim Hanley, owner of Porter's Pub, said the flooding occurred on Feb. 10 as water poured in through a small bulkhead on the west side of the building nearest North Main Street, leaving his basement with about a half inch of water.
He said he spent about $2,500 that weekend to pay employees and other workers to help remove the water, and then reached out to the city around Feb. 15 to see if they were going to help him with the costs since their actions caused the flooding.
He said he and past occupants had never seen flooding before this month.

The lot at 13-17 Hanson Street was raised about six inches in September, which is thought to have led to the February flooding. (Rochester Voice photo)

The city's insurance people did meet with him last week, Hanley said on Monday, but thus far they are not committing to helping him.
"The adjuster said it was groundwater, and he does not know if they are covered for that," Hanley said on Monday. "He told me in the meantime I better clean up the place myself."
Generally, typical insurance does not cover groundwater damage at the foundation level or below.
On Thursday, with the need to get a water mitigation company working to remove any mold or mildew created by the flooding, Hanley was forced to file a claim with his own insurance company, which could result in a rate increase.
He says the city is culpable for any damage.
"Flooding had never occurred in the building before the city raised that lot by filling in about six inches," Hanley fumed on Monday.
Rochester City Manager Blaine Cox is on vacation this week, so the city's comment came in the form of an email from the office of Deputy City Manager Katie Ambrose.
"The matter has been reported to our risk management provider and we are actively reviewing the issue with them and Mr. Hanley," the statement read.
Hanley said the mitigation company had already billed out $7,000 and the final tab could be as much as $15,000, since any contaminated groundwater that touches wood will have to be treated by an antimicrobial.
The work done by the city last September was to prepare 13-17 Hanson Street as a downtown green space beginning this spring.
The acreage is leased by the city from owner Justin Gargiulo of Great North Property Management, Inc., of Exeter.
City Economic Development Director Mike Scala said the lease is a short-term affair while the owner has deferred any development on the .2 acre lot.
He said the cost of the lease is a wash because they send Gargiulo a check for his property tax bill, and he sends it back to the city.
Scala said he would have no comment on the flooding.
Hanley doesn't know why the city decided to raise the lot with six inches of fill, or why they didn't identify the flooding potential.
Hanson Street has a mild slope heading toward Columbus Avenue naturally, he said.
He said he's not aware of whether the city completed a drainage or water runoff plan as is often done with any excavation or fill project.
Ambrose said she would have no comment on whether one was filed.
Hanley said his insurer may have to go it alone, but that they could very well subrogate against the city's insurer.
"Even if they do subrogate and recover all their money, it will still show up that I filed a claim, which could raise my rates," Hanley said.
Subrogation is an insurance term used to describe a legal right the insurance company holds to legally pursue a third-party responsible for the damages caused to the insured.
The good thing is that Porter's Pub has been able to remain open through the debacle.
"I can't close," Hanley said. "This is a business."