Monday, December 2, 2024
BREWSTER – A dispute over water rights involving a shared water line between the Brewster School District and a Sunset Avenue homeowner resulted in an airing of grievances during the public comment period at the meeting of the school board Monday night, Oct. 28.
Erik and Desha Rupeiks, owners of a home at 916 Sunset Drive, appeared before board members to recite an itemized timeline of actions and abuses they claim were taken against them in response to concerns they raised about construction practices on the new school bus barn adjacent to their property.
The bus garage comprises about 15,000 square feet with three bus bays, bus/vehicle wash station, four vehicle bays, updated equipment, a classroom, IT department, and offices. It is a co-op project between the Brewster, Bridgeport, and Pateros school districts.
Desha Rupeiks said their problems began when they took their concerns to the county over construction practices at the garage. She referred to the Brewster School Superintendent and the Construction Services Group garage project manager specifically and the school board generally as the protagonists against whom she was directing her complaints.
“We did as we were instructed by the county and appropriate agencies to address our concerns,” Rupeiks said.
Those issues include:
From the Rupeiks’ prepared statement, the following timeline of events are listed:
Rupeiks said a small excavator dug up their service line at 7 a.m., the contractor installed a ball valve, and by 7:30 a.m., they had no water and no explanation.
Rupeiks said Bob Foyle - a board member of the Mutual Irrigation Association (MIA) of which the Rupeiks’ are members - intervened with the school district after the Rupeiks’ had been without water from July 18-25, to get their water service restored.
“In a three month span we went a total of 31 days without irrigation service, most of it during the hottest time of the year,” Rupeiks said.
The Rupeiks retained legal counsel.
“We knew it was illegal and intentional,” said Rupeiks. “Because of this we were forced to hire an attorney to prove it was illegal.”
“We had to prove…our rights outlined in a water use agreement between the school and the MIA from 2007,” said Rupeiks. “Water rights and a connection were established on our property more than 30 years prior to us moving to the home.”
Board chairperson Hector Aparicio said he thought the issue had been resolved. He inquired if Rupeiks’ next-door neighbor experienced a similar water problem. She said the neighbor’s property is served by a separate line but that he shared his irrigation water with the Rupeiks during the time they were without service.
Rupeiks said the document “lists the names of Superintendent Mark Jacobson, board chairman Don Becker, and maintenance supervisor Mike Webster and is recorded with the DOE clearly outlining our rights.”
The Rupeiks brought a copy of the water user agreement, copies of letters exchanged between attorneys representing both sides, plus text messages, photos, emails, and other supporting data to present to the school board.
“We are moving. We are selling our home. We simply cannot live where we do not feel comfortable or safe anymore,” said Rupeiks. “We fear that what has happened this past summer…is going to have a negative impact on our ability to sell our home.”
Rupeiks advised the board that any actions by the school that negatively affect their home sale, irrigation system, or any legal rights associated with their property will result in further legal action. She urged the board to “finish this project respectfully and lawfully” and concluded with a request for reimbursement of legal fees and an apology.
Offered the opportunity to respond, Superintendent Lynette Blackburn had no comment.
Later, Blackburn issued the following statement to The Quad:
“The Brewster School District is committed to maintaining and modernizing school campuses to provide the best possible learning environment for our students. We understand that well-maintained school buildings are critical to student learning, and we strive to minimize any impact our work may have on the local community. We are committed to being good neighbors and addressing any community concerns promptly.”
The project manager was not present at the meeting.
Aparicio said the board will review the documents Rupeiks provided and reach out to the Rupeiks’ legal counsel.
Following the meeting Rupeiks told The Quad “I would not say I am satisfied with their response…but I am more interested in what their response will be.”
Mike Maltais: 360-333-8483 or michael@ward.media
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