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HomeMy WebLinkAbout2005 11 07 Other Memorandum for the Record - Mize Family Date: November 11, 2005 The following was provided by Mr. David Mize at the November 11, 2005 Special Meeting, and during a Recess that evening, was distributed to the City Commission. NOVEMBER 7, 2005 MEMORANDUM FOR THE RECORD FROM: Vincent D. and Wendy A. Mize To: Winter Springs City Government Officials; Commissioners, Mayor, and City Manager SUBJECT: Winter Springs (WS) Agenda Item #500, dated November 7, 2005;Winter Springs Special Meeting Relative To Sewage Flooding Damage Done To The House of Vincent D. and Wendy A. Mize Located at 1607 Little Sparrow Court and none (9) other homes. PURPOSE: To correct the errors and the misinformation found in Agenda Item # 500, dated November 7, 2005 1. Under the CONSIDERATIONS paragraph please find the following discrepancies: . Error - Item 500 says on page one, third paragraph, "that the sewage flooding occurred at 2 a.m. the morning of 15 August 2004." . FACT: Sewage flooding began at 12:30 a.m. and lasted until approximately 1 :15am on August 15,2004. The substation located at Wood Duck Drive (7E) was turned on in the correct sequence after several calls to City Hall from Theresa German at 1608 Little Sparrow Court, and when her 24-year old son, David, rode over to the substation with a City employee and witnessed the substation being turned on to pump in the correct sequence. . Further evidence: The Seminole Chronicle, August 27,2004: "Our son woke up at 12:30a.m. and said, 'Mom, dad, there's water everywhere,''' resident Lorraine Camarano said to the Winter Springs Commission. "There was water coming out of all three toilets like a fountain." . Error -Item 500 says on page two, third paragraph.. ."In conclusion.. .unusual surge in sewer flows.. . extended pumping cycles caused by inadequate generators resulted in that section of the line being at or neat capacity when field crews began, without knowledge of those conditions, pumping additional sewage into that section of the sewer line. This resulted in that section of the sewer system unknowingly being operated over capacity, and causing the excess flow to flow into the effected homes." . Fact: The flooding was caused by a City employee pumping the sequence in the wrong order - and was later discovered, pumped by an employee untrained in substation procedures as stated by Tim Lallathin at the Commissioner Meeting of 23 AUG '05. This error was made worse by the fact that one of the three portable generators designated for the sewer system was taken to City Hall to replace a failed generator there. It is not true that "the sewer field crews were able to replicate the design sequence of pumping" as incorrectly stated in the Agenda Item. (Paragraph 4 now contradicts what Ron McLemore himself said to the media at the time; see below) I Kip Lockcuff, Director of Public Works/Utility, stated in the August 23,2004 Commissioners Meeting that the flooding was caused by a reverse pumping action. This is documented in the official meeting minutes. o Further Evidence: See the below cites of published and broadcast reports and eyewitness accounts that verifies a City workers' error, and that it was not a mere case of "unusual surge" to the system but an error in substation 7-E pumping procedures: i= VC-L..I o The Orlando Sentinel, August 25, 2004: "A city worker's error caused raw sewage to back up into several homes after Hurricane Charley. Sewage backed up into homes in the area of Little Sparrow Court and White Dove Drive in the early morning hours of August 15. Lift stations in the city were without power in the aftermath of Hurricane Charley, and a utility worker used a generator to clear the lift stations in the wrong order. "It was a sequence problem," McLemore said. Sewage from the lift station serving those homes was pumped into a lift station that had not been emptied, he said. As a result, sewage backed up through toilets, tubs, and sinks." o WFTV-ChanneI9, August 25, 2004: "City mistake leads to possible contamination in homes... The City turned off its pump stations during the hurricane. When they turned them back on, it was done in the wrong order. So, instead of sending the sewage out of the homes, it went into the homes. " o The Seminole Chronicle, August 27, 2004: "... the city has accepted accountability for the fecal flood. . . The incident occurred when a city employee emptied one of the local sewage stations in the wrong sequence, causing raw sewage to jet into the homes." o The Seminole Chronicle, September 2,2005: "Last year, the day after Charley hit on August 13, a mistake at a Winter Springs sewage lift station turned the lives of the Mize family upside down. The error, a flip of a switch in the wrong sequence by a city employee, sent a sea of raw sewage flowing into their Tuscawilla home." o There were additional accounts of this incorrect pumping procedure and admittance on the part of the City that an error had been made on news reports on WESH-ChanneI2, FOX Channel 35, and Central Florida News 13. o The Bibiloni's spoke to the City employee that evening who admitted that he had made an error that resulted in pumping sewage into their home. o Ken Hutchings, a City employee who responded to the families at Little Sparrow Court, admitted at approximately 2:00am on August 15,2004 that the City lacked sufficient manpower and generators to handle the situation. o Phone calls to Doug Taylor by Wendy Mize in the 48 hours after the flooding reveal that Mr. Taylor said that the flooding was a direct result of the substations being pumped out of sequence. 2 . Error - Item 500, page 2, fifth paragraph misinforms the reader. It reads favorably for the City relative to the City's conduct of the first official meeting held on 23 August 2004. The sewage saga relative to the interface with the city started a week earlier. . Facts: o August 16, 2004 - Jack Rutherford, an effected homeowner, went to City Hall and personally told Doug Taylor, a supervisor at the Public W orkslUtility Department, about the flooding. o Many of the effected homeowners begin cleanup of the hazardous waste, which was later found to contain e-coli, fecal coli, and other biohazards. Many of the effected homeowners experienced rashes, tightness in the chest, and other illness. o Kip Lockcuff reported no sewage problems at the emergency city meeting held 16 August 2004. See meeting minutes. o August 17, 2004 - After contact from other effected homeowners regarding the flood, the City sends its first responders to assess the damage: Fire Chief Tim Lallathin, who is also the acting Risk Manager, and John Voepel, ofVoepel Claims Service, an insurance adjuster for the City. ChiefLallathin admits that the City is at fault for the flooding. Neither individual is experienced in biohazard removal and cannot give the homeowners an answer as to whether or not their homes are safe to live in. Despite the Commissioners mentioning at the August 23,2004 Commissioners meeting that a representative from the health department should be sent to the effected homes, no health professional was sent. Further, an expert in biohazards was not sent until 11 days after the flooding, on 26 August 2004 when a biohazard test technician showed up at my house. o August 18, 2004 - Wendy Mize contacts Doug Taylor, who says that the flooding was caused by an employee pumping the substations in the wrong order, and that the raw sewage flooded homes at an average of 200 gallons a minute. A report to the Florida Department of Environmental Protection from the City lists the event as a Levell flood with less than 1,000 gallons, but the amount of damage and the length of the flooding make this impossible. Simply do the math on how many homes were flooded times square footage of each individual homes' flood area and quickly the coverage to the extent suffered by the victims collectively mathematically exceeds 1,000 gallons. o August 23, 2004-City Government official meeting. o The City did not recognize victims until late in the meeting (10:00 p.m.) and only after my wife objected openly to yet another topic, at that late hour, brought forward for discussion before the sewage victims. o A computer salesman had 45 minutes to propose his wireless laptop solution for use on the dais by city officials. o Sewage victims had 3 minutes. o The Commissioners and the Mayor appear amazed and shocked, and said that they did not know that the flooding had occurred. 3 o Fire ChiefLallathin and Kip Lockcuff explain to the Commissioners and residents the events of August 15 that led to the flooding. Mr. Lallathin noted that the person working the substation that evening was not trained for that task and made a critical error in the sequence of events. An audio copy of this meeting purchased by the Mizes' has a blank space during Mr. Lallathin's presentation. o The Commissioners express the desire to "make things right" and to help restore the homeowners to the level they were before the flooding. They vote to obtain temporary housing and to pay homeowners a per diem of $12 per day; although the Commissioners had recently voted to give themselves a per diem of $30 per day. o As the reader can see from the actual sequence of events leading up to and including the 23 August meeting, the city was less than responsive to the victims and interoffice communications at all levels of city government was most lacking. Item 500, page 2, paragraph 6. The following errors and misinformation are noted to set the record straight. o "The staff and the City's insurance carrier, Florid League of Cities (FLC), conducted three progress meetings with residents." o "Restoration activities going far beyond the minimum requirements ofthe city's insurance policy were expedited to address the needs of the residents." Facts: o There were four meetings. Ron McLemore failed to show up for half the meetings. Meetings were: 9/2/04; 10/7/04; 11/18/04; 1/20/05. o The meetings were often times adversarial with my complaints during the progress meetings being as follows: o City's insurance company adjuster, Voepel Claim Service, (VCS) used three-year-old software for claim building; I had to hire a Contractor to audit all VCS claim workups. Many errors found. I discuss this later in detail. o Slowness ofVCS in processing claims o 50% depreciation of personal property items o Misbehavior of John V oepel (vulgar language to me on my property; stormed off; I discuss the dispute later) reported him to City's insurance company. He was immediately removed from my case. Item 500, page 3, first paragraph contains the following false information. "According to the city's insurance carrier the Mize's were paid $10,000 by personal insurance carrier associated with sewer back up rider in their insurance policy. The Mize's refuse to disclose loss items covered by payment, creating a situation where the Mize's could "double dip" and be paid by their insurance carrier and the city for the same loss item." Fact: 4 o On the Mize partial claim of$19,298.31, dated 20 October 2004, the FLC deducted the USAA $10,000 dollars in subrogation and paid $9,298.31. See -utti:l.duuent )GQ(. Lt0C.L - ~ o John Voelpel also mentions putting the $10,000 into escrow (thereby reducing payment from FLC by $10,000) in a letter dated October 5, 2004 to the Mize's and with copies to the FLC. ~e; attachmeflt J€XK..t:kJLL-. :2- o The FLC paid $35,780.70 in sewage claims to the Mize family, not $45,780.67 as incorrectly stated on the Agenda Item 500, and on other City records. o The Mizes' insurance carrier, USAA, paid us $10,000 on a black water endorsement. o The false statement that we're "creating a situation where the Mize's could double-dip" is offensive and untrue. We have made complete disclosure of all losses and monies paid by both the City's carrier and our personal carrier. This $10,000 error has been repeated on numerous letters and documents from the League and from the City, despite my attempts to correct it. It is incorrect on documentation dated June 29, 2005 from Bonnie Wright at the Florida League of Cities, and it is incorrect on the Tables I & n that was enclosed with Ron McLemore's letter dated 12 September 2005. I asked Anna Long to notify Ron McLemore and Anthony Garganese of this error in our counter-offer to the City, dated 15 September '05. Not "highly competent people" working for the city's insurance company either, (page 7, paragraph 3, ofItem 500) who first make a $10,000 error and then can't fix it after repeated notifications. o I demand the error be removed from all city records immediately. Item 500, page 3, section lA, Out of Pocket Expenses, first paragraph contains misinformation in the following sentence, "However, it is important to note that the city's insurance carrier at the request of the city has been very lenient in the application of normally accepted depreciation schedules to the resident's property." Fact: o Mize personal property loss total was $15,468.66. FLC paid $7,649.78 leaving a balance of$7,816.90. A depreciation of 49.45%, hardly lenient in my judgment. Because of the city's sewage pumping error, I lose, basically, 50% of my personal property's value. o During the demolition of the Master Shower, the worker removing tile from the recessed soap dish (12"XI2") broke through the drywall, the backside of which was shared by our master closet. The hole was 8"X 8" hole. VCS payment was $10.89 to remove and replace, mud and tape, finish and paint the new drywall. k8ec attachment XXX) ~ o It was over my questioning of John Voepel, ofVCS, about his absurd repair cost payment ($10.89) that he cursed me, and stormed off my property. As stated earlier, I notified Bonnie Wright ofFLC about his unprofessional behavior and FLC removed him from my case. Not lenient, not "highly competent people" either as cited on page 5, paragraph 3 of the Item 500 agenda. 5 Item 500, page 4, paragraph 1B, Out-of-Pocket Expenses-Other, "the city's insurance policy provides for reasonable out-of-pocket expenses directly related to the incident such as food and lodging." Under our name (Mize) $13, 192.50 is shown. The City references Table IT as supporting cost data, but table IT contains false and misleading information. Fact: o Lost wages: I withdrew lost wages $1,289.00 of my own volition after I learned that my employer was granting Hurricane days with pay for employees, like me, that sustained major hurricane damage. I initiated the withdrawal of this claim by phone to Bonnie Wright of the FLC. Table IT comment section reads, "inadequate documentation". Untrue. Infers that I claimed damages that I couldn't substantiate. Again, untrue. o Dollhouse: $2000.00. FLC paid $1000; the inflated value in the comment section of Table IT is an insult and an unprofessional discount of my wife's family heirloom, a dollhouse destined for her little girls. It was an heirloom, built painstakingly for my wife over 35 years ago by her father. It was not replaceable. o Self-cleaning labor: $2,200 claim was submitted early on in this process, using the general contractor fully burdened labor fee of $30 dollars an hour. FLC negotiated me down to $15.00 and hour saying it was the standard going rate paid by FLC. Jackie Rutherford got $30 dollars an hour. I found out another victim got $30 an hour. The FLC representative lied. Not highly competent people or lenient as stated in Item 500. (Paragraph previously cited) o Contaminated Food: Initially, I filed this. FLC told me this was not eligible, but perhaps could covered by my personal carrier. Amicably, I dropped the issue. I haven't the foggiest idea how this still found its way onto Table IT. o Carpet: $2099.30 is line-of-sight for living room carpet that can be seen when standing in areas of the house where sewer damaged carpet was replaced. This is a normal coverage. It fact, VCS said it'd be addressed the last thing, and offer $2099.30 in a letter dated January 11, 2005 only if signed a full and final release. o "Air conditioner" is a false label. This $4500 claim is for air conditioning ducting, as stated in our May 2, 2005 letter to Ron McLemore (in which we made it clear that we were asking for compensation for ductwork only, not the air conditioner unit itself) that we replaced because of the risk of airborne contaminates. We repeatedly asked the City to test for airborne contaminants but the City refused, and we were not going to jeopardize our family's' health due to the City's failure to protect us from this serious health risk. P & K Microbiology Services, Inc., tested and found in abundance e-coli, fecal coli, and other hazardous coliforms - these biohazards were allowed to penetrate my home for nearly 36 hours without air conditioning in temperatures exceeding 90 degrees Further, during the demolition phase (which encompassed 45% of our home), with air conditioner working overtime, the ducting was exposed to contaminants from ceramic tile being removed by jackhammer, as well as the subsequent removal of drywall, insulation, carpeting, and other building material during build back. 6 o Tub removal & Replacement: $150 for removal of contaminated tub/$654 for purchase of new tub and necessary plumbing installation. Jay V oelpel was present when Wendy Mize asked a representative from AdvantaClean if the tub in question, which was a main point of intrusion ~n.x) for the contamination of the south side of our home, could be "guaranteed 100% free of contaminants" with a cleaning. The representative said that with the amount of raw sewage and with the force that this black water spewed from the tub drain and plumbing that he could not guarantee that the tub would be 100% free of contaminants with only a cleaning. Wendy Mize then asked Jay V oelpel a hypothetical question ifhe would be comfortable using that bathtub for his children, and he agreed that he would not be comfortable. Given that FLC paid for the removal of two shower stalls and drains down to the foundation, it seems ludicrous that the tub would not be removed. Item 500 - Page 4, Paragraph 2 Restoration vs. Diminution of Value. The claim made in this paragraph that "According to the insurance carrier there is considerable opinion that a property with a certified hygienist certification declaring a home to be free of contamination is a value added instrument in favor of the value of a property in the market place" is not supported by documentation in the Agenda Item. It also seems incredible that buyers will purposely seek out a home that has been flooded with human waste in the same way that they would purposely seek out a home with the amenities of a swimming pool, fireplace, or good schools. Indeed, there are many statements within this section of the Agenda Item 500 document that can be refuted and in which we can prove that there is a high risk of loss of value to our home at resale. Evidence of Diminution of Value: o There is documented evidence oflegal precedence of homeowners proving a loss of value to their home following sewage flooding in a letter from Anna Long, our attorney, provided to Ron McLemore in our final claim dated 2 May 2005. ts"ee ..attaeMlvul XXX~cJ.... '3> o Sewage flooding must be disclosed during the sale of a home, and its negative perception will make many buyers avoid our home. o It is the opinion of at least one expert realtor, Craig Kessler, that such damage could result in as a much of a 20% decrease in value, and that such damage could also result in having to keep the home on the market for a longer-than-average period of time, which is also a loss of value ESee-a~~ ~c..L.:t- o Further, we were forced to use our personal carrier for the $10,000 black water flooding. Because this insurance information is shared throughout the industry, this claim now mark~~[Op~ as "risky" for home insurance. Weare a category 3 risk. {See nnen *XK) Potential buyers may not be able to obtain insurance for our home, and no mortgage company will issue funds on a property that is uninsurable. If a buyer cannot insure our home, we cannot sell our home. 7 Diminution of Value due to Property Insurance Risk as a result of Sewer Flooding Because our home was flooded with sewage due to the City's negligence, we may not be able to sell our home as it is now considered high risk for insurers. The CLUE database (Comprehensive Loss Underwriting Exchange) shows a home's history of claims or damage reports that could make selling our home difficult. This jeopardizes the value of our home because, as you know, no mortgage can be secured on a home with homeowners insurance. Evidence: o "Insurers Keep a Secret History of Your Home" as reported on MSNBC.com, January 21, 2005 (s.e&-attadnnCftt XXX). -y t:.1JLL. S o ~liva"'y R.;.ghts Cle'l'lrinp;holll:e - CLUE c1UJ Yuu. Huw Ll~w\:aS Size Yeti. Up~', .PD"acyrights.org (see attachment XXX): ~ o The Mize CLUE Personal Property Report showing a catastrophic claim made on 8/15/04 (sep :attaeM1Gllt XXX). . J;.tJ.cL..':; How did I come up with the diminution of value for my home? I followed the "process" that Ron McLemore laid out at our first staff-level meeting held on 2 September 2004 when we discussed our concern for loss of value of our homes. At that meeting, Ron McLemore said that restoration for both the city and its sewage victims would be a "process". First, we'd file partial claims to get us back into our homes soonest. Once back in our homes and all partial claims were resolved/liquidated with FLC, there would be a final claim submitted for diminution of value and any other issues in dispute with the FLC, and after that--I quote Ron McLemore: "We would agree on a number." Enclosed in my final claim of2 May 2005, was an extensive legal researched letter from Anna Long ~~~l~c~e from several states with favorable jury awards for plaintiffs. ( . ) In that letter the diminution of value range from 8-12% and in some cases higher. Because Florida homes are without basements, the percentage of diminution would be higher as actual living space is critically impacted. o Four families with flooded basements in Ohio were awarded $766,000 o Sixty residents in Milwaukee whose homes were flooded by the city sewage system were paid $600,000 collectively o 300 property owners in Michigan were awarded $3.8 million dollars. I also contacted several realtors; one of whom, Craig Kessler, has extensive experience in Winter Springs real estate ~:~ e~%~~ to my home could be as high as 20% and be on the market longer. e ) Therefore, I used 20% as a starting point for diminution value with the expectation that the "process" would be conducted on the staff-level, as it had been all along, and that the city and I would through this open forum reach a reasonable settlement. I submitted my final claim on 2 May 2005. Ron McLemore acknowledged with a letter dated 4 May 2005 that he received our claim. Mr. McLemore sent another letter dated 9 June 2005 stating that we would have the city's final response on our final claim by 15 July 2005. 19 July we sent an email asking our final claim status. The same day, Ron McLemore replied via email that the final claim matter would be on the agenda of the 15 8 August 2005 City Commissioner's meeting. Another effected homeowner also inquired about the delay in our claim decision. On 27 July 2005, Ron McLemore sent us a letter advising us of the special meeting in the city council chambers 9 August 2005 in which we would have 3-5 minutes to make our comments to the commissioners. This was not the open forum we were led to believe would happen. Moreover, although Ron McLemore had in his possession the final claim information from the FLC since 29 June 2005, he did not share that with the sewage victims. Ron McLemore did not tell us that had the commissioners reached a decision that evening that we did not agree with that our only recourse at the point would be to seek legal action through the circuit court. Feeling that we were in legal waters over our heads and given the non-support of the city government (no elected official has ever acted as our advocate for the past 14 months) we sought the advise of the attorney who helped us prepare our final claim, Anna Long. Ms. Long advised us that we should have an attorney present for the August 9, 2005 meeting, that it was not the open forum meeting that we had expected but an official City Council meeting, and we still had no City response to our final claim. In other words, the meeting we asked for was not the meeting we got, and we were not given the information from FLC necessary for us to be informed prior to the meeting. The attorney asked for a continuance. It was granted, and the meeting was postponed. In all, it took Anna three attempts to receive the final claim information from Ron McLemore, only to discover that FLC had deemed our three requests for compensation (out-of-pocket costs, diminution of value, and pain and suffering) as "ineligible." There was no mention in this final claim of the City stepping in to do the right thing beyond the parameters of the Florida League of Cities, an action that was promised to us from the beginning. There was no mention of the City Commissioners taking an interest in making us whole. Although the City caused this problem, there was no mention of responsibility or action on the part of our elected officials to right a grievous wrong despite continual assurance that they would do so. Diminution of Value does not have to be the taxpayer's burden. The last sentence on page 4, under paragraph 2 speaks to reparations for diminution of value by the city taxpayers as .. ."an unsupported use of public funds." We are taxpayers of this City as well. We agree that the compensation to our family and to our effected neighbors should not burden the taxpayer's, and the City Manager's inference that we are putting an undue burden on our neighbors is unfair and misleading. Weare aware that there is coverage provided to Cities regarding liability. The City has admitted responsibility. They are liable. It seems reasonable that such liability insurance could provide compensation. We seek a reasonable compensation for our loss of value, out-of-pocket expenses, and pain and suffering. If we do not receive this reasonable compensation, we have the right to legal action. Legally, we have a case that will allow us to avoid sovereign immunity. Taking this case before a jury could result in a settlement for the plaintiff that is much higher than the 9 compensation we are seeking, given the emotional appeal of our situation and the amount of evidence proving the City's negligence. The fact that a lawsuit could result in a high settlement for the plaintiff makes the City Manager's challenge to "sue me" puzzling, given that his responsibility is to spend taxpayer money wisely. We did not cause the sewer flooding, nor are we responsible for the City's lack of urgency and response to our needs. There were many actions that the City could have taken to avoid this costly biohazard, among them: o Buying enough portable generators for emergency operations. o Insuring that adequate personnel were on hand. o Making sure that personnel were properly trained in substation pumping procedures. o Placing the burden of after-action on appropriate personnel who are trained in wastewater treatment, such as Kip Lockcuff, rather than on Fire Chief Tim Lallathin. o Ensuring that the insurance adjuster for the FLC was competent, accurate, and used up-to-date estimating software. Keeping the promise: Making us whole. The City has repeatedly promised to make us whole and to return us to the level of where we were before August 15,2004. Prior to August 15, 2004, I did not have to declare that my home had been flooded with sewage. Prior to August 15,2004, I was not considered a high risk for property insurance. Prior to August 15,2004, my home was not considered a risk for buyers who are repulsed by the prospect of a residence that was once deluged in sewage and for property that may be un-insurable. Prior to August 15, 2004, my children did not have nightmares about sewage monsters living in our walls, and they could play in the dollhouse that their grandfather had made for their mother 35 years ago. Prior to August 15,2004, I did not have to spend countless hours poring over incorrect insurance reports by an incompetent insurance adjuster. And prior to August 15,2004, I had faith in my local government and that they would be there for me as my elected officials. Where have you been, Commissioner Gilmore? Where have you been, Mayor Bush? This is your chance to finally do the right thing. Here are your options: o Talk to me about a reasonable settlement for my loss of value, pain and suffering, and out-of-pocket expenses. o Buy my home at market value. If the City Manager is convinced that there is no loss of value and that buyers are lining up to buy a home that was flooded with sewage, write me a check for the cost of my home. Here are my options: o Reach a reasonable settlement with the City. o Sell my home for market value to the City. o Sue the City. 10 I am prepared for all three. 11 h,\C, l Page 1 of 1 David Mize From: To: Sent: Subject: <TheKeslerTeam@aol.com> <dmize2@cfl.rr.com> Thursday, February 03,200510:40 AM Re: Value analysis for Little Sparrow Ct. That's a hard question to answer. It would say yes (sometimes) to having a value effect. Generally detriments to a property can drop it's value by as much as 20%. People locally are already calling these homes the sewage houses. Over time this will fade. Especially if you have no further problems. Now the flip side. I sold a house last year in Tuscawilla that was almost condemned for mold. The sellers rebuilt the property over 6 months and we listed it for market value. It sold within 7 days for full market value. So, what's the answer? I would say that the market is so hot right now, you would likely get market value. But a few buyers would avoid your home. Craig 2/3/2005 Page 1 of 1 David Mize From: To: Sent: Subject: <TheKeslerTeam@aol.com> <poundcopy@cfl.rr.com> Monday, September 19, 2005 8:55 AM Re: Expert Opinion Requested I appreciate your confidence in my knowledge, but don't feel comfortable speaking to the City Commissioners. Establishing a value decrease in this situation would be a tricky thing. I have no data to support my past experience with distressed property. One could argue that if you waited long enough, someone would be willing to purchase the property without a large discount. You may need to march 1,000 people through the house before you found that one person. That in itself represents a value decrease. Craig Kesler 9/19/2005 iSrlt G " Tuesday, November02,2004 Memorandum From: David Mize To: Jay Voelpel, Voelpel Claim Service, Inc. (VCS) Subject: VCS Claim Estimate dated 10/29/04, Claim number 01-1239 1. After review of subject claim, please find the following comments/questions: . Cabinet Estimate o Omitted deep sink cabinet in utility room o Pool Bath cabinet $159.90 lower than my estimate (Knight Design Group). (KDG) As my neighbor, the owner of KDG is giving me good prices on cabinets, 25% off according to him. The cabinets are of equal quality of what was in my house. However, the hallway desk you are $136 dollars higher than KDG estimate, and on the Pool Bathroom $159.90 lower than the KDG cabinet costs, so if you could adjust the pool bath up $23.90 it'll cover actual costs for the two rooms. ($159.90 minus $136.00= $23.90) 2. Texture/Paint/Finish work . Why are you depreciating anything relative to this work? . Need to include prep & painting of all doors in affected area of the house; and door casings o Pool bath-2 doors o Office-2 doors; 1 closet & 1 entrance o Twins Room-1 door & 1 sliding closet double door o Pooh Bathroom-2 doors o Hall closet-one door o Leah's bedroom-1 door & 1 sliding closet double door o Utility entrance from hallway-1 pocket door o Utility exit to garage--1 door o Utility entrance to kitchen 1-door . Ceilings in all bathroom, including master need painting; damaged as part of the demolition process . Baseboard underneath the breakfast bar in kitchen, damaged as part of tile removal, 10-12' approximately. . Labor to move washer/dryer/toilets/Fridge, and put back/hook up. . Hardware for bedroom closet doors, 0N brackets) the slide guides that the doors slide on, and installation labor. . Door jams sanding and prep for painting, nails removal from molding demolition i . Window seals 3-rooms prep and painted, dings and nicks, from demolition . Outlet covers & screws replace, all, four per room and hallway . Closet hallway texture/paint/shelves installed (2), baseboards inside, etc. . Linen closet (hallway) texture/paint drYWall and entire closet . Pantry build back of two shelves, labor/materials and paint . Build-back of half-wall in master bath as original to support glass shower enclosure . Ironing board laundry, prime, texture & paint, put dry (small piece) in to make match. . Install accent casing under kitchen window, paint two coats (breakfast nook) . Utility room installation of wall ironing board, texture/paint . Door stops hardware, all in affected areas . Utility room texture was Medium, not light. . Labor to remove furniture to work in office . Door screws hardware 1" inch, all, $13.86 . Disposal of refuse at city dump, two trips $200. (Costs here are driven by having to pay premium dollars to sub-contractors to wait at the dump for disposal procedures now in place because the dump is full, government agencies making it harder to accomplish, i.e. separating debris by type, etc.) 3. Pooh Bathroom Tub/Plumbing . The main source of sewage intrusion on the south side of the house was the twins' bathroom, and I would remind you that Brian of AdvantaClean, said, in front of you, Jay, that he could clean underneath that tub but could not guarantee it bacteria free. Therefore, we had it removed and replaced, but no compensation on your claim addressing this. If this remains your position, please note that this is still an open issue to be addressed, perhaps, to the city and/or at our next meeting. . 11/03/04: Following a discussion this morning with the plumber pursuant to the VCS estimates and the plumber's estimates, Central Florida Plumbing prices are lower than both Lowe's and Home Depot's (I did a cost comparison). For example, Lowes charges $110 to install lavatory sinks and faucets. Central Florida Plumbing charges $15 less for the same work. Your estimate was $58.12 including materials. Impossible. No one does it that cheap. Again, I have to ask if this is a software problem. At a minimum, you need to bring your claim up to CFP estimates to cover real labor and material costs. . These costs are: install toilets $105 each, quantity 2; Lavatory sink and faucet installed, $90 each, quantity 3 1~05/2004 11:11 4078951514 VOELPELCLAIMSERVICE t-'AI.:lI:. 1I::lI 1I::l , . < Door(s) 2' 8" x 6' 8" (2) Missing Wall(s) 10' 6" x 8' 3' X 8' Pool Bathroom (9' 6" x 5' x 8') 48 sf Floor 163 sf Wall 48 sf Ceiling 19 If Floor 29 If Ceiling 380 cfVolume Door(s) Missing Wall(s) 2' 6" X 6' 8" 5' x 7' 2' 8" x 6' 8" Replace Sheetrock Walls Repl. Cost 76 SF @ $1.21 $91.96 $91.96 Depr. $0.00 $0.00 ACV OP RD $91.96 $91.96 Pool Bath Shower (3' 6" x 5' X 8') 18 sf Floor 101 sf Wall 18 sf Ceiling 12 If F1o0T 17 If Ceiling 140 cfVolume Mis.~ing Wall(s) 5' x 7' Repl. Cost Depr. ACV OP RD Replace Insulation, Fiberglass 101 SF @ $1.24 $125.24 $0.00 $125.24 S125.24 SO.OO 5125.24 Master Bathroom Shower (4' x 4' x 8 ') 16 sf Floor 96 sf Wall 16 sf Ceiling 12 If Floor 12 If Ceiling 128 cfVohune Missing Wall(s) 4' x 8' Rep'. Cost Dcpr. ACV OP RD Replace Insulation, Fiberglass 96 SF @ $l.24 $119.04 $0.00 $119.04 $119.04 SO.OO 5119.04 Master Bathroom (16' x 7' 132 sf Floor 459 sEWall Closet(s) 5' x 4' Door(s) 2' 8" X 6' 8" (3) Master Closet (11' x 5' x 8') 55 sf Floor 256 sfWa11 x 8') 132 sf Ceiling 56 tfFloor 64 If Ceiling 1,056 cfVolume Replace Sheetrock Walls 55 sf Ceiling 32 If Floor 321f Ceiling 440 cfVolume Repl. Cost Depr. ACV OP RD 9 SF @$1.21 $10.89 $0.00 $10.89 510.89 $0.00 51.0.89 Estimate Totals Contractor's Overhead & Profit (20%) Total With Overhead & Profit Tax: Total With Tax Repl. Cost Depr. ACV $2,754.53 $0.00 $2,754.53 $550.91 $0.00 $550.91 $3,305.44 $0.00 $3,305.44 $59.20 $0.00 $59.20 $3,364.64 $0.00 $3,364.64 Price Database Legend AU prices from FL-Orlando Residential 06/2003 Estimate (MSIB 0410) Claim # 01-1239 -3- Oct 7, 2004 ~ T Lowndes Drosdick Doster f ~ Kantor~ Reed, PA. ANNA H. LONG DlRECT DIAL: 407-4 J 8-6226 NORTH EOL,' DRIVE 01'1'1('[: POST OFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 an nu. long@lov.'I1des-law.co11l A T TOR N E Y S A T LAW ..,....,.. TIT MERITAS LAW FIRMS WORLDWIDE September 15, 2005 Mr. Ronald W. McLemore City Manager City of Winter Springs 1126 E. State Road 434 Winter Springs, FL 32708-2799 Re: Winter Springs Sewage Overflow Dear Mr. McLemore: As we discussed during our meeting, Monday, September 12, 2005, and as was detailed in your summary letter dated the same, the Rutherfords, Mizes, Germans and Biblionis (hereinafter the "Parties"), have submitted detailed claim spread sheets to your attention regarding the costs that they have incurred and have yet to incur, as the result of the City's discharge of raw sewage into their homes in August 2004. While the City's Insurance Carrier has made partial payments to the parties to offset certain claims and damages sustained, the Parties maintain that they have not been made whole, as the City officials and representatives have continuously promised that they would be. As a result, it was the understanding of the Parties, that as the City Manager, you would be reviewing the information which they submitted in May 2005, and after that time would be recommending to the City Mayor and Commissioners cost reimbursement amounts for those claims (either in part or in whole), above and beyond that provided for by the Insurance Carner. During Ollr meeting and again in your letter, YOll stated that you would be willing to recommend to the City Mayor and the City Commissioners, that the City cover the depreciation costs of personal property not covered by the Insurance CalTier, as well as a "Good Will" amount, across the board of $5,000.00 for each of the effected parties, including those not specifically named herein. J presented your letter and the offer contained therein to the Parties during a meeting last night to discuss the same. Given the extent and the length of time to which the Parties, their families, their homes and property was effected, and continues to be to one degree or another, the $5000.00 offer was insulting to 0059909\ 112350\880599\ I 215 NORTH EOLA DRIVE ORLANDO, FLORIDA 32801-2028 TEL' 407-843-4600. FAX:407-843-4444 . www.lowndcs-Iaw.com 450 SOUTH ORANGE AVI"Nl'E. Sun!' 800 ORLANDO, FI.DRlDi\ .12S0 1-3J44 McLemore September 15, 2005 ~~) everyone of them. The documentation available to date, coupled with admissions by City staff and officials regarding the specific circumstances surrounding the sewage infiltration into the Parties' homes, clearly establishes that this was a failure at an "operational" level that allows the Parties to avoid sovereign immunity and to pursue claims for significant damages. The parties' actual damages likely exceed statutory caps. Given the egregious circumstances of this literal and figurative "mess," a claims bill is not out of the question. Due to the amount and length of time that the Parties' homes were essentially cesspools as the result of raw sewage being pumped into their homes by the City, the value of these homes has decreased significantly. As you know, pursuant to Florida law, these homeowners now have a legal obligation to disclose the contamination of their homes to prospective purchasers, thus severely impacting the resale value of the homes. While the Parties would prefer to handle their outstanding claims in a an non-adversarial forum, they do not believe that the offer as presented will "make th.em whole," as the City has continually promised it would. To that end, and again in an effort to avoid potential litigation, the Parties have asked that I transmit to you, as the City's representative in this matter, a counter offer for your consideration. The Parties are aware that many of the other legal avenues available to them will not come without a cost. Therefore, the Parties have reduced the amounts that they are requesting by $12,500.00 each. This value was derived by assuming that the Parties would be expending, at a minimum $50,000.00 collectively to resolve their outstanding claims in another forum. Given that the four Parties named above would be contributing equally to the resolution of this matter, each has estimated that they will likely be expending $12,500.00 above and beyond monies expended to date to bring this matter to a close. This amount has been subtracted fonn the anlOunts previously submitted. The new figures, submitted as counteroffers to the City's offer set forth in your September 12, 2005 letter, are presented below: MIZE Compensation Total requested in May 2005 transmittal: $104,620.00 Counteroffer: $92,120.00 Please note that the spreadsheet prepared by the City is in error by $1 Ok in the amount listed for payment to the Mizes. The conect figure for rebuilding is $35,780. (The League withheld $10,000 for the USAA lien on a partial payment to them, dated October 20, 2004). GERMAN Compensation Total requested in May 2005 transmittal: $96,010.00 Counteroffer: $83,510.00 RUTHERFORD Compensation Total requested in May 2005 transmittal: $189,950.35 Counteroffer: $177,450.35 0059909\112350\8805<)<)\1 Mc Lemore September 15, 2005 Page 3 BIBILIONI Compensation Total requested in May 2005 transmittal: $100,000.00 Counteroffer: $97,500.00 If you are in agreement to the revised figures set forth above and are willing to recommend that the City settle with the Parties based on these counteroffers, then there is no need to meet this evening and the Parties respectfully request that this matter be scheduled before the Commission at the earliest possible date for approval. Alternatively, if you do not accept the counteroffers set forth herein, but believe that a meeting this evening would facilitate settlement figures acceptable to all sides, then the Parties are in agreement to attend the meeting as scheduled. If you do not accept the counteroffer herein and you do not believe that a meeting this evening would facilitate an acceptable settlement amongst the Parties, then the Parties respectfully request that this matter be scheduled before the Commission at the earliest date available. The Parties expect that they will be afforded reasonable time and opportunity during the Commission meeting to set forth their claims, including, but not limited to photographic evidence, expert testimony, and written documentation, including that obtained from the U.S. Environmental Protection Agency, regarding this matter and their resulting losses. Additionally, the Parties make it known that their appearance before the Commission, in attempt to bring this matter to an amicable closure, should the counter offer herein be rejected, is not to be construed in anyway as waiving any legal rights that the Parties have or might have under any applicable law and or regulation. Should the Parties be forced to proceed to litigation, a complete review of the all of the City's files regarding this matter will be required. Additionally, we will be requesting, among other files, a review of the Utility Departments operational records, personnel training records and certain personnel work schedules. The Utility's permitting files, as well as any files relating to monitoring data, exceedances of any pennit criteria, notifications to any regulatory agencies and any correspondence received by regulatory agencies pertaining to the operation, pennitting, design and construction of the waste water treatment system and associated conveyance systems. Thank you for attention to this matter. As time is of the essence, with respect to this evening's meeting, your prompt response is greatly appreciated. Sincerely, w.~~ Anna H. Long 0 00599()9\ 112350\880599\ I McLemore September 15, 2005 P~~4 AHL/tmn c: Anthony Garganese, City Attorney, City of Winter Springs James Toscano, Esquire Jack Rutherford Jose Biblioni Mark & Theresa German David Mize 0059909\ 112350\880599\ I Ene, :; Page 1 of 4 MSN Money - Insurers keep a secret history of your home To print article, click Print on your browser's File menu. Go back ~M~~~""'''''' Decision Ce~,~r1f "J~ ~~~ , ,0 , , more on this tODic Home insurance Quotes online Assess all your insurance needs Financial resources at MSN ShoDDing Find It! Article Index Finance Q&A Tools Index Site maD Recent articles by Liz Pulliam Weston: · 4 ViaYSJQPrQteQ; your financial freedom, 3/2/2004 . Retirina? Here's the lOslJfanceY.9J,Lgill need, 3/1/2004 · S-'}QJ.!I~YQIJJilejQf bankruDtcy now?, 3/1/2004 The Basics Insurers keep a secret history of your home A huge database not only advertisement tracks claims, it also looks for risks such as toxic mold. That's why homeowners with even minor water damage are being canceled - and are sometimes unable to sell. By Liz Pulliam Weston You probably know that it's not a good idea to make too many claims on your homeowners insurance policy because your insurer could drop you. What you might not know is that making a claim could make selling your home more difficult down the road. What's more, you could find your home's value damaged or a sale jeopardized even if a previous owner, and not you, made a claim. Insurers increasingly are using a huge industry database, called the Comprehensive Loss Underwriting Exchange or CLUE, to drop or deny coverage based on a home's history of claims or damage reports. ~nsurance companies are terrified of rising losses from water and mold damage. So a single report of water-related problems may be enough for insurers to shun your home. Jan and Kevin Garder of Bremerton, Wash., discovered this the hard way. The Garders thought they were doing the right thing when they told their insurance company, State Farm, about some minor water damage caused by a rainstorm last year. Consumers held hostage The couple, who say they had been with their insurer for 30 years without filing a claim, ultimately decided not to file one this time, either. Get Online Insurance Quotes · Auto · Health · Home · Life That didn't stop State Farm from dropping them as customers, they say. Not only that, but they say State Farm also shared the damage information with the CLUE database. When the Garders applied for coverage elsewhere, the other insurers cited State Farm's damage report as the reason they wouldn't write a policy, Jan Garder said. MSNMQDeylos.IJra.Oce "Until then, we didn't know anything about the CLUE database," she said. "We really didn't have a clue." http://moneycentra1.msn.com/ content/Insurance/insureyourhome/P3 5 345 .asp ?Printer 1/21/2005 MSN Money - Insurers keep a secret history of your home Page 2 of 4 M.p.rg... State Farm declined to comment on the Garders' case, citing privacy concerns. Spokeswoman Lisa Wang said the insurer shares only claims information with CLUE, not damage reports. Related Sites ChoicePoint But the company that operates CLUE, ChoicePoint of Alpharetta, Ga., said that the database collects damage reports as well as claims. The information stays in the database for up to five years, said James Lee, ChoicePoint's chief marketing officer. The Garders say they finally secured bare-bones fire coverage for about $1,000 a year, more than three times what they paid previously for full homeowners coverage. What's more, the problem is derailing their plans to sell their home. The Garders say they have been told by their real estate agent and others that they may have a tough time getting a good price for a home that's already been rejected by many insurers. "You are totally blackballed," said Jan Garder, 49. "They should not be able to hold a consumer hostage like this." Insurance companies get aggressive In previous years, insurers used the CLUE database in large part to watch for fraud and for consumers who had a history of filing numerous claims. After losing billions of dollars on homeowners insurance in recent years, however, insurance companies have become more aggressive about screening for other risks -- including damaged homes that could spawn future claims. State Farm has been among the most aggressive in weeding out unwanted risks. The nation's largest property insurer has dropped thousands of policyholders from coast to coast and stopped writing homeowners insurance in several states. So far, insurers' increased use of the CLUE database has not caused serious problems for the booming real estate industry, said George Tribble, a member of the National Association of Mortgage Brokers' board of directors. But Tribble said he has heard a number of anecdotal reports of residential sales falling through at the last minute because of CLUE-related problems in securing insurance. He fears the problem could get worse if insurers begin to shy away from homes that have had even minor damage. "Right now, it's still a pretty isolated problem," Tribble said, "but that could change if they (insurers) continue to do this. ... If you're not able to get http://moneycentral.msn.coml content/Insurance/insureyourhome/P3 5 345 . asp ?Printer 1/21/2005 MSN Money - Insurers keep a secret history of your home Page 3 of 4 insurance, you're not able to close the deal." Tribble thinks it's particularly unfair that a home could be blackballed because of one claim, let alone a single report of damage that didn't lead to a claim. "Insurance companies want to keep their costs down, which is understandable," Tribble said, "but this is what you have insurance for -- to cover you for accidents." The insurance industry is notorious for its manic-depressive cycles. In profitable years, companies will slash premiums, boost coverage and take on big risks in hopes of gaining market share. When those risks start costing real money, the companies sound the full retreat -- hiking premiums, dropping customers and shunning risk. What's notable about their most recent mood swing was how quickly it happened, spurred in large part by last year's losses and the massive increase in mold-related claims, especially in Texas and California. How to protect yourself While you can't do much about insurers' overreactions, you can do something to protect yourself in this particularly difficult time. Among them: . Keep your home in good repair. A solid, watertight roof, good plumbing and a decent paint job can protect your home from various water disasters -- the kind of damage that's scaring insurers the most these days. It's a good idea to regularly check the hoses on your clothes- and dish-washing machines, since cracked or burst hoses often lead to serious water damage. . Keep your deductible high. Pay for smaller expenses out of your own pocket. Homeowners insurance should be reserved for the big disasters, not the little problems you can easily pay for yourself. . Think twice about water-related claims. This is especially true if you plan to sell within a few years. You could be better off paying to repair the problem yourself rather having your home be branded as high risk. . Don't tell your insurer about problems unless you're sure you'll file a claim. This last piece of advice is unfortunate, because insurers and insurance agents can be a decent source of counsel on whether it's worth filing a claim. Since any damage you report could get passed on to the CLUE database, however, it's smart now to err on the side of caution. . Consider getting a copy of your CLUE report. If you've been denied insurance, you can get a copy of your home's CLUE report for free; otherwise, you'll pay about $9. You have a right under federal law to dispute any erroneous information on the report. To get a copy, contact ChoicePoint. http://moneycentra1.msn.com/ content/Insurance/insureyourhome/P3 5 345 . asp ?Printer 1/21/2005 MSN Money - Insurers keep a secret history of your home Page 4 of 4 More Resources E-mail us your comments on this article Post on the Your Money message .bQ.ar.d Get a daily dose of market news advertisement Search MSN t-1oney lli1.s . ! Sponsored Links I MSN Money's editorial goal is to provide a forum for personal finance and investment ideas. Our articles, columns, message board posts and other features should not be construed as investment advice, nor does their appearance imply an endorsement by Microsoft of any speCific security or trading strategy. An investor's best course of action must be based on individual circumstances. http://moneycentra1.msn.coml content/Insurance/insureyourhome/P3 5345 . asp ?Printer 1/21/2005 Page 1 of3 Clt, C.L.U.E~Reports .." in campHane!) 'Nith FACt Act Send to Printer C.L.U.E.@ Personal Property Report Account: 503285 CHOICEPOINT Date of Order: 10 /18 / 2005 Reference #:05691090717368 For questions about your report please visit Customer Support and include your reference number. Date of Receipt: 10/18/2005 Recap: RISK - 3 CLAIM(S) REPORTED SUBJECT - 0 CLAIM(S) REPORTED I SEARCH REQUEST Subject Name: MIZE, WENDY A DOB: 07 /29 /63 Telephone: (407) 971-4379 Risk Address: 1607 LITTLE SPARROW CT , WINTER SPRINGS, FL 32708-5506 S Sex: F Former Address: 531 S RANGER BLVD, WINTER PARK, FL 32792-4523 I REPORTED CLAIM HISTORY FOR RISK The loss history below is associated with the subject and risk address information listed in the Search Request section of this report. Additional loss history information may be available if additional search information is provided. CLAIM 1 Claim #: 0016791600000060092A CLUE File #: 0425800140015865 AM BEST #: 00934 Policy Type: HOMEOWNERS Additional Info: CATASTROPHE On Premises Claim Date/Age: 08/15/2004 (01yr - 02mo) Company: UNITED SERVICES AUTO Policy#: ~ Insured: MIZE, WENDY ANN Address: 1607 LITTLE SPARROW CT WINTER SPRINGS, FL 32708-5506 DOB: 07/29 /63 Sex: F Telephone: 0- Mortgagee: PHH MORTGAGE CORPORATION Loan # : 0018872002 Payments by Claim Type: $10,000 - Wind CLAIM 2 Claim Date/Age: 08/13/2004 (01yr - 02mo) Company: UNITED SERVICES AUTO Status: SUBROGATION CLUE File #: 0425800140015864 AM BEST #: 00934 https:/ /www.choicetrust.com/servlet/com.kx.cs.servlets. CsServlet?channel=fact&product... 10/18/2005 Policy # : -A -, Claim#: 0016791600000050092A Insured: MIZE, WENDY ANN Address: 1607 LITTLE SPARROW CT WINTER SPRINGS, FL 32708-5506 DOB: 07 / 29 / 63 Sex: F Telephone: 0- Mortgagee: PHH MORTGAGE SERVICES Loan # : 0018872002 Payments by Claim Type: $0 - Wind CLAIM 3 Claim Date/Age: 12/04/2002 (02yr - 10mo) Company: UNITED SERVICES AUTO Policy # : - Claim#: 0016791600000040092A Insured: MIZE, WENDY ANN Address: 1607 LITTLE SPARROW CT WINTER SPRINGS, FL 32708-5506 DOB: 07 / 29 / 63 Sex: F Telephone: 0- Mortgagee: PHH MORTGAGE SERVICES Loan # : 0018872002 Page 2 of3 Policy Type: HOMEOWNERS Additional Info: CATASTROPHE On Premises Status: CLOSED CLUE File #: 0301500090014069 AM BEST #: 00934 Policy Type: HOMEOWNERS Additional Info: On Premises Payments by Claim Type: $1,763 - Physical Damage (All Other) I REPORTED CLAIM HISTORY FOR SUBJECT The reported loss history below is associated with the subject, either at the risk address or at other developed addresses. No subject insurance claims found I INQUIRY HISTORY No inquiries found Status: CLOSED Prepared by: COMPREHENSIVE LOSS UNDERWRITING EXCHANGE https:/ /www.choicetrust.comlservletl com.kx.cs.servlets.CsServ let?channel=fact&product... 10/18/2005 rnc 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager June 9, 2005 Mr. and Mrs. V. Mize 1607 Little Sparrow Ct. Winter Springs, FL 32708 Dear Mr. and Mrs. Mize: This letter is to advise you that the city met with our insurance carrier the Municipal League to review your and other persons claims related to sewage backup damages. According to the League, it is going to take approximately 30 more days for them to complete the work necessary to provide the city with the final status of the claims. As soon as this is accomplished by the League the city will be able to finalize its position relative to your claim. Therefore, I should be able to provide you with the city's final response to any outstanding claims you have around July 15, 2005. I realize you would like a more expeditious response. However, there is nothing the city can do until such time that the insurance company completes its action on the claims that have been submitted. Sincerely, /?m Ronald W. McLemore City Manager Ijp cc: Mayor and Commission U:\Docs\Word\Hurricane Charley Frances'Sewer Damage\Insurance Claims Status. doc CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager July 27, 2005 Mr. and Mrs. V. Mize 1607 Little Sparrow Ct. Winter Springs, FL 32708 RE: Sewer Back Up Damage Claims Dear Mr. and Mrs. Mize: This letter is to advise you that the City Commission has set August 9, 2005 at 6:30PM in the City Council Chambers located at City Hall in Winter Springs to hear any remaining comments you may have regarding the restoration of damages provided to you through the City's insurance company. The City Commission mayor may not make its final decisions regarding this matter at this meeting. Therefore, if there are comments you want to make it is highly recommended that you make these comments at this meeting. Under City Commission Rules of Order you will have 3-minutes to summarize your comments. The Commission could, if they choose, extend the time limit. However, it is unlikely that the extension would be more than two or three minutes. If you do not feel you can present your comments in 3 to 5 minutes I would strongly suggest that YOIl submit your comments in writing if you have not already done so. These comments would need to be received at City Hall no later than the close of business Thursday, August 4,2005. If you have any questions, please contact my office at 407-327-5957. Sincerely, /f~~ mH Ronald W. McLemore City Manager /jp cc: Mayor and Commission David Cominsky, FLC U:\Docs\Word\Hurricarle Charley Frances Jeanne\080905 Hurricane Damaged Homes Commission Decision.doc Jan Palladino Importance: Ron McLemore Tuesday, July 19, 2005 8:39 AM 'David Mize' RE: City's Response High From: Sent: To: Subject: Dear Mrs. Mize: Sorry about the delay. I anticipate having this matter on the august 15, 2005 Commission meeting. We are still waiting for some final information from the league. Additionally, the Commission only scheduled one meeting for July, rather than their normal two meetings per month. Ronald W. McLemore City Manager 407-327-5957 rmclemore@winterspringsfl.org Confidentiality Note: This e-mail, and any attachments to it, contains information intended only for the use of the individual(s) or entity on the e-mail. if the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank You. -----Original Message----- From: David Mize [mailto:dmize2@cfl.rr.com] Sent: Monday, July 18,200512:13 PM To: Ron McLemore Cc: Beth and Mark Walters; jack and monica; jose bibiloni; Mark and Theresa German Subject: City's Response Importance: High Dear Mr. McLemore: In your letter dated June 9, 2005 you stated that you would be able to "provide you with the city's final response to any outstanding claims you have around July 15,2005." It is July 18, 2005. Nearly one year has passed since our homes were flooded with raw sewage due to the City's failed system and we are still waiting for your answer to determine when the City will assume its responsibility for damaging our homes, devaluing our homes' worth, and disrupting our lives. Our patience is not infinite. 1 Sincerely, Wendy Mize Owner 1607 Little Sparrow Court Winter Springs, Florida 2 trt.-I. 3 Lowndes Drosdick Doster r ~ Kantor l)L Reed, EA. ANNA H. LONG DIRECT DIAL:407 -418-6226 NORTH BoLA DRIVE OFFICE POST OFFICE Box 2809 ORLANDO, FLORIDA 32802-2809 A T TOR N E Y S AT LAW ....,...,... iiT MERITAS LAW FIRMS WORLDWIDE MEMORANDUM FROM: DATE: RE: Vincent David & Wendy Ann Mize 1607 Little Sparrow Court Winter Springs, FL 32708 Anna Long TO: April 18, 2005 Sewage Infiltration to Residence Caused by the City of Winter Springs - Devaluation of Home and Related Costs, City's Responsibility Vincent & Wendy: You asked me to look into the negative impact the infiltration of sewage into your home has had on its value, as well as to what "other" costs should be sought for reimbursement or payment by the City of Winter Springs (the "City") for the infiltration caused by the failure of the City's lift station/sewage system servicing your neighborhood. In order to fully explore these issues, a determination first has to be made as to whether or not the City can be held liable in such instances, or is the doctrine of governmental immunity applicable? Please find below the preliminary results of my research. Issues Restated Are there losses in the value of the Property, as well as "other" losses that result when sewage overflows into the Property? If so, are the losses suffered the responsibility of the municipality or government entity, in this instance, the City? If so, to what extent? Brief Answers The research completed to date, indicates that in all likelihood, that due to several factors, including but not limited to, the extent of actual damages, the amount of public knowledge surrounding the event(s) and the location of the property (i.e. a small, but well known, desirable and upscale neighborhood), the Property has been devalued. The extent of the devaluation is more "subjectively" presented in the research. Additionally, the research supports a finding that recovery, in addition to 215 NORTH EOLA DRIVE ORLANDO, FLORIDA 32801-2028 TEL: 407-843-4600. FAX:407-843-4444 . www.1owndes-law.com 450 SOUTH ORANGE AVENUE, SUITE 800 ORLANDO, FLORIDA 32801-3344 0059955/114513/832282/1 April 18,2005 Page 2 repair and renovation expenses, have been awarded in like situations in favor of the homeowner and against the municipality, and have also included costs associated with physical and mental injuries, as well as punitive damages. Government entities are not automatically immune from such liability and liability has been attached to cities and municipalities throughout the country for like situations. Recovery has been awarded with some regularity to property owners, but varies widely in both the types of damages and injuries sought, as well as the amount of recovery awarded. Discussion Assuming that, as in this case, the "proof' as to the City's responsibility for the infiltration has been (can be) established, then the City will be liable for the damages caused to the Property. 42 Am. Jur. Proof of Facts 3d 289 WESTLA W. A city is required to use reasonable care to ensure that their sewage system is maintained and running properly as to prevent damages from occurring to citizen's property. Id. at 7. "Even in jurisdictions recognizing the immunity of governmental entities from liability for injuries or damage resulting from the exercise of governmental functions, it has been held that operation and maintenance of drains and sewers, the duty to make repairs, and the duty to keep them clear and free from obstruction are not governmental functions but ministerial or proprietary functions of the municipal corporation, for which it may be held liable for damages caused by negligence in the same way and to the same extent as an individual." Id. at 8. The elements, measure and amount of damages recoverable for injuries caused by the maintenance, construction, or use of sewers and drains, where liability exists, particularly in instances where real property is involved, are governed by the rules that are generally applied in other cases. Id. at 20. The general question as to the measure of damages depends on if the cause of the injury is such that it is easily remedied, thus giving rise to "temporary" damages, or whether the damages are of a permanent nature. Id. Most cases involving damage as the result of sewage overflow or infiltration, have been found to damages of a temporary nature. Id. In cases where the damages are found to be of a temporary nature, only actually damages sustained up to the time of bringing a suit can be claimed, prospective damages can not. !d. Recovery may be had for injuries to both physical and mental health sustained as the result of the City's negligence in the maintenance ofthe sewer system. Id. at 21. For instance, an award of$15,000 for mental anguish was supported, in a homeowner's negligence action against a city to recover for damage to her home sustained when her house settled as the result of road repair work completed by the city that resulted in causing a sewer pipe to separate. This resulted in leaks to her home and breaks in her water pipes through which a rat had entered. The homeowner ended up taking anti-depressants and sleeping pills because of worry, anxiety and lack of sleep due to the damage to her home. City of Mobile v. Lester. 804 So.2d 220 (Ala. Civ. App. 2001 ), !d. Several thousand dollars were awarded to landowners (punitive damages) for diminution in the value of their land caused by overflow resulting from a borough's failure to maintain drainage pipes and ditches, where experts testified on the damaged valued property at $112,000 if a single family home could be constructed, and at $7,000 as wetlands. Kita v. Borough of Linderwold. 305 N.J. Super. 43. 701 A.2d 938 (App. Div. 1997), Id. 00599551114513/832282/1 April 18, 2005 Page 3 According to an article that appeared in the Milwaukee Journal Sentinel, December 18, 2004, the city of Milwaukee's insurance company was expected to payout as much as $600,000.00 to 60 residents who claimed damage to their homes resulting from backup of the city's sewage system following heavy rainfall during the month of May 2004. Marie Rohde, JS Online, Milwaukee Journal Sentinel, posted December 17, 2004, <http://www/isonline.comlnews/metro/dec04/285188.asp>. The article did not provide specifics as to the extent of damage each home sustained, nor the property values of the homes involved. Attempts to contact the writer to date have been unsuccessful, but assuming an even distribution between the 60 property owners involved, the amount of recovery, might be close to $100,000.00 per resident. Similar information was available in Ohio where the city of Warren was sued by a group of homeowners for damages and health problems that arose as the result of sewage overflow into their homes in 1998. Lexis One, The Resource for Small Firms, United States Fire Insurance Co. v City of Warren, Mealey Publications, Cincinnati, Jan. 20, 2004, <http://www.lexisone.com/news/nlibrary/mO 12004e.html>. The case cited above, involved a suit for recovery by U.S. Fire Insurance Co. against the city of Warren, Ohio, in which the insurance company was seeking reimbursement from the city for some $1.57 million in settlement it paid out by the insurance company on behalf of the city when a class action suit and other individual suits were filed against the city by residents who sought recovery for damages sustained to themselves and to their property as a result of the city's failed sewage system. Id. at 1. While the underlying case is not a published case and the specific facts as to the extent and type of damage caused to each property owner was not available as of this writing, the case brought by the insurance company does provide support for the position that, city's can be and have been found liable for damage caused to private property as the result of failed sewage systems, and the recovery can become quite costly for the city, especially if recovered is pursued through the courts. Four families with flooded basements appealed to a Genesee County Circuit Court jury in June 1999 and were awarded $766,000. Erin Lee Martin, Detroit Free Press, freep/news/metro, July 16, 1999, <http://www/freep.com/news/metro/Qsewer16.htm>. Two other cases involving sewage overflow in and around the same area were also ruled in favor of the homeowners. Id. at 1. Because none of these cases are published to date, the facts were not available through typically research sources. I contacted the plaintiffs attorney, who represented homeowners in tow of these three cases and spoke to him directly about the facts surrounding each case, as well as the types of damages sought, as well as the amounts of recovery awarded. Stephen Liddle told me that he and his firm have represented property owners in over two dozen class action suits, primarily in the mid-west, involving sewage backup/overflow into homes. Interview with Stephen Liddle, Partner, Macuga & Liddle, P.C., Detroit, Mich., (December 22,2004). in his experience, among damages sought and awarded have included, but are not limited to, personal property damage (clothing, books, bedding, furniture, etc), damage to the structure itself, devaluation of the property (emphasis added), as well as out of pocket expenses of the property owner, such as reimbursement for hotel stays and meals. Id. He advises that the property owner document every loss, regardless of how minor it might be. Even the smallest items add up when added together, according to Liddle. Id. Liddle stated that should the City not settle, then expert witnesses will be necessary to establish among other things, the percentage of devaluation appropriate to 0059955/114513/832282/1 April 18, 2005 Page 4 apply to your home and basic engineering principals regarding the failed system, to establish the City's negligence. ld. Regarding devaluation of property, I asked Liddle about the cases set forth in the Detroit Free Press article summarized above. Liddle said that the homes involved in those two suits were significantly smaller than yours. ld. The homes involved in Dearborn Heights, for instance, one of the suits cited in the article noted above, were approximately 1500 square feet. ld. Each of the plaintiffs in that class action suit were awarded about $15,000.00 each. ld. The plaintiffs expert testifying as to the percentage that the homes had been devalued, estimated that each home lost about 50% of the value that a basement had added originally to each of the homes, resulting in an overall devaluation of the property of approximately seven percent. ld. Because Florida homes are without basements, the percentage of devaluation resulting from the sewage overflow would be expected to be higher, as actual "living" space has been adversely effected. ld. Amounts recovered, if a city chooses not to settle and a lawsuit ensues can be staggering. For instance, Liddle's firm was successful in settling a case involving 300 property owners, the payout was $3,800,000.00 in damages to the Plaintiffs. ld. The following elements of property damage should all be adduced, where applicable, in any action for personal injury or property damage arising from a public entity's failure to properly maintain a sewage lines: market value of items destroyed, cost to repair or replace the damages items, permanent diminution in market value of the real property (emphasis added), value of destroyed improvements, fixtures, trees, landscaping, etc., value of appliances, furniture, carpeting and other personal property destroyed, cost of repairing or restoring damaged property to its original condition (emphasis added), reasonable expenses incurred in good faith to prevent or minimize damage, incidental expenses caused by injury of the property. 42 Am. Jur. Proof of Facts 3d 289 WESTLA W at 22. Damages that may be recoverable on behalf of the injured party(ies) include the following: necessary and reasonable medical expenses, loss of past and future earnings (for instance, actual loss in wages or salary during the period of time the incident and aftermath occurred), mental anguish (fright, shock, anxiety, depression, etc.), impairment to enjoy life, other discomfort and annoyance (emphasis added) suffered. ld. Conclusion Although the specific amounts and types of losses set forth in a suit for any recovery are fact specific, assuming the City's negligence can be proven (or as in this situation, where the City has affirmatively accepted and acknowledged responsibility), then recovery for property damage, including diminution of the property, as well as recovery for various personal losses, are supported by both case law and legal reports and other authorities and publications. Should you have any questions regarding the information set forth in this memorandum, or if you would like to discuss its contents further, please do not hesitate to call me. AHL/ajw 0059955/114513/832282/1 Vincent David Mize Wendy Ann Mize 1607 Little Sparrow Court Winter Springs, Florida 32708 May 2, 2005 Mr. Ronald W. McLemore City Manager City of Winter Springs 1126 East SR 434 Winter Springs, Florida 32708 Re: Raw Sewage Overflow Caused by the City of Winter Springs - Devaluation of Home and other Related Costs Dear Mr. McLemore: As we have discussed over the past several months, the sewage overflow into my home, caused by the City's failed sewage system, has left me with a very real concern as to the effect the overflow has had or could have on the value of my home. Additionally, although the City (after some time) agreed to accept responsibility for the sewage overflow into my home, the associated losses and the costs of those losses have yet to be fully addressed and reimbursed to me by the City. In order to fairly and accurately present these costs to the City, you suggested that I do some research to determine whether or not my concerns as they related in particular to the devaluation to my home were warranted, and if so to what extent. At the City's (yours) suggestion, I contacted an attorney to assist me in my research efforts. A copy of this letter is attached (See Attachment A). The research completed to date suggests that there are findings for losses as they relate to diminution of market value, destruction of real and personal property, loss of use and enjoyment of my home, and mental anguish caused by raw sewage overflow into my home. The factors related to the findings in this research conclude that the overflow of raw sewage into my home has resulted in devaluation to my property. These factors include but are not limited to, the extent of actual damages, the amount of public knowledge surrounding the event(s) (i.e. print media, television coverage, and word-of- mouth) and the location of my home (i.e. a small but well known, desirable and upscale neighborhood). The information that I have been able to obtain provides that there is significant devaluation to my home. A recent appraisal of my property by a certified appraiser indicates that the current value of my home is $372,000 (See Attachment B). Applying the percentage of a 20% loss of market value due to the City's failed sewage system, my home has suffered a loss in its value of $74,400. In addition to the loss of value to my home, the research also supports a finding that costs for repair and renovation expenses, and costs associated with physical and mental injuries, and "other" expenses are the type of costs, with appropriate documentation, that I can and should submit to the City for payment. To that end, I have enclosed Attachment C, appropriate documentation for the following expenses incurred by me, which were a direct result of the sewage overflow into my home from the City's failed system: . The market value of all of the items that were destroyed for which the City has either yet to reimburse me or has yet to be made aware; . The cost to repair or replace the damaged items for which the City has either yet to reimburse me or has yet to be made aware; . The value of the carpeting, bathtub, ductwork, as well as my family's personal property that was destroyed or damaged for which the City has either yet to reimburse me or has yet to be made aware; . The reasonable expenses incurred to prevent or minimize damage for which the City has either yet to reimburse me or has yet to be made aware. These attached expenses for Attachment C total $15,220.00. Finally, the research suggests that my wife and I have reasonable cause to request compensation for the pain and mental anguish suffered as a direct result of the sewage overflow in the amount of$15,000. My research results and supporting documentation submitted herein, provides that as a direct result of the City's failed sewage system, I have incurred a total property and personal loss of $89,620.00. The total compensation for my total property and personal loss, and mental anguish is $104,620. While it is certainly not my intent, at this time, to conduct additional research to support reimbursement for losses other than those detailed above or to pursue the legal courses of action that are available to me, the information I have been able to obtain to date does support the costs I have incurred. These costs are a direct result from the sewage overflow into my home, including the loss of value to my home, and these costs are justified in submitting to the City and costs for which the City is responsible. My wife and I have been through quite enough already in an effort to put this matter clearly behind us. I for one am certainly hopeful that the City will review the information and supporting documentation submitted with this letter and move forward with the reimbursements requested herein. The courtesy of your response is requested within 10 days of the receipt of this letter. Sincerely, Vincent David Mize Property Owner Wendy Ann Mize Property Owner Attachments A,B,C Cc: Bonnie Wright, Florida League of Cities David & Wendy Mize 1607 Little Sparrow Ct Winter Springs, FL 32708 Per your request, ~ DEL-AIR Heating - Air Conditioning Refrigeration, Inc. The following is an itemized breakdown of the costs associated with your recent HV AC purchase: $4500 for ductwork (18 supplies and 2 returns) $5690 for system Total Cost: $10,190 If you have any questions, please contact me at 407-831-2665 ext. 3025. Thank you again for your business. Regar~:/'" >;/ /' /' ""~;7 /..;".3/ ~ .J/'~?~ :.~~'2'$~?>/ ,-' . / -... ;..",.' ,.' R09fley Sinkfield '-.' ' 109 Commerce Street, #1101 lake Mary, Fl 32746-6206 Phone (407) 333-COOl (2665) (407) 831-COOl (2665) www.delair.com SALES SERVICE INSTALLATION AdvantaClean - 6831 Edgewater Commerce Parkway Ste 1101 Orlando, Florida 32810-4224 telephone 407.839.0088 Statement ! I DATE 11/1 0/2004 li~ T~O: Wendy & David Mize 1607 Little Sparrow Court l~spnngs, FL 32708 ~~---~. I AMOUNT DUE ~--------- _ I $150.00 L . DATE TRANSACTION AMOUNT BALANCE 05/31/2004 Balance forward 0.00 09/20/2004 INV #4741 - Emer Resp - Sewer Back Up 6,050.05 6,050.05 09/20/2004 INV #4742 - Remove Bathtub & Tub surround 150.00 6,200.05 10/12/2004 PMT #72261 - Mize,W;FL Municipal Ins.Trust -6,050.05 150.00 I I I----.--~UR~ENT 1-- ~:~T D~0~ r I . I 0.00 ! 0.00 !____ _...J ---- -.-.--.....-.----J--.l---..-----~-L--.. ...... 31-60 DAYS 61-90 DAYS OVER 90 DAYS AMOUNT DUE PAST DUE PAST DUE PAST DUE ___.__._____..________~___~__. . .._.___. ________ ___ ____________ _...-.-no__ 150.00 0.00 I 0.00 : $150.00 ____1__ CENTRAL FLORIDA PLUMBING, LLCG SCOTT VAN NUYS*LIC# RFOOS8231 *CELL # 407-247-4382 CENTRAL FLORIDA PLUMBING LLC. P.O. BOX 530093 DEBARY, FL 32753 ~,.1. Invoice Date Invoice # 10/6/2004 157 Bill To DAVID AND WENDY MIZE 1607 LITILE SPARROW cr WINTER SPRINGS, FL 32708 P.O. No. Terms Project Net 15 Item Description Est Amt Prior Amt Prior % Qty Rate Curr % Total % Amount STEEL ... INSTALLED STANDARD 350.00 350.00 100.00% loo.0oolo 350.00 TYPE TUB MATER... MATERIAL SUPPLIED FOR 150.00 150.00 loo.0oo/o 100.00% 150.00 ABOVE (TUB ) MATER... MATERIAL SUPPLIED FOR 24.00 24.00 100.00% 100.00% 24.00 ABOVE ( DRAIN AND TAR) LABOR INSTALLED BACKWATER 230.00 0.5652 230.00 56.52% 56.52% 130.00 VALVE IN MAIN 4" SEWER LINE Total $654.00 Payments/Credits $-654.00 Balance Due $0.00 AdvantaClean 6831 Edgewater Commerce Parkway Ste 1101 Orlando, Florida 32810-4224 telephone 407.839.0088 CLIENT NAME AND ADDRESS Wendy & David Mize 1607 Little Sparrow Court Winter Springs, FL 32708 DESCRIPTION Remove Bathtub & Tub Surround as per Authorization 09/13/2004 Invoice DATE INVOICE NO. 09/20/2004 4742 JOB NAME AND ADDRESS Emer Resp - Hurricane Charley PROJECT MANAGER BNH Subtotal Sales Tax (0.0%) TOTAL AMOUNT 150.00 $150.00 $0.00 $150.00 o.r-r Co f'D STATEMENT OF CLAIM VINCENT & WENDY MIZE 1607 LITTLE SPARROW COURT WINTER SPRINGS, FL 32708 PERSONAL PROPERTY LOSS Amount submitted to the Florida League of Cities for personal property lost due to sewage infiltration to residence caused by the City of Winter Springs: $15,466.68 Amount paid by the Florida League of Cities for said property: $7,649.78 AMOUNT REQUIRED FOR TOTAL REIMBURSEMENT: $7,816.90 ~ Note: Voepel Claim Services, Inc. has a complete list of personal property items. ~rhlYOl1-1-' (' (.,) z en I--W ~!:: :I:(.,) enu. 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Q) , ro 0.., E .... 0 t) i Q) I en I 'u 1 -0 , en i..... ,_ X : Q) 0,._ t) OIO,C ol9-iro,enlol ,0101= ~I (/).~CI)J~J919~--:l-l-1 C'J.1Q::ri ~-it".t--j~-!-Cl)~~- - ; i _ i i j , : I ffi ffi R1~T~I~-~-~~1 ~:--r -;-'"1"-- O'<:!" t--L{) '<:!"L{) L{)C'\l .1 o''<:!" t--;L{) ..,t'LC".i L{)C'\l "\ 0 ~\ \ ': \. \:~'~ '. . ~ f.l """ ~~~~~ ~ ~ ~. ~i"\ t;- ~ ~ " -' ~ "-. f ~ ~.~ ~ ~ ~ <::--. .- 3?? ~ ~~--' ~ ~___ e- -?' --- oc::-' ,_0 . ---- Summary Appraisal Report Appraisal Services (407) 339-5530 UNIFORM RESIDENTIAL APPRAISAL REPORT Pr rile No. PR050301 ProDertv Address 1607 Little SoarrowCourt Cltv Winter Sorinos State FL lin Code 32708-5506 Lenal Descrintlon Tuscawilla Unit 12 Lot 42 PB 28 PGS 98-102 CoU;;;; Seminole Assessor's Parcel No. 08-21-31-5GT -0000-0420 Tax Year 2004 R.E. Taxes~ 3731.00 ~"'cial Assessments t None Borrower Mize. David & Wendv Current Owner Mize, David & Wendv OccuDant: I'XI Owner r l Tenant r l Vacant pronertv riDhtS aDDraised IXI Fee Slmole I I Leasehold Prolect TVDe I PUD I I Condollinium lHUDNA onlvl HOAS None /Mo. NeiDhborhood or Proiect Name Tuscawilla MaD Refe.....e MLS Grid BI09 Census Tract 0213.06 Sale Price $ N/A Date of Sale N/A n..",intinn .nd t 'mnllnt nf lnon r.h.m.oJr.nnr.....iM< tn ho n.id hv ..II.r N/A Lender/Client Mize David & Wendv Addrp.~s 1607 Little Soarrow Court Winter Sorinos FL 32708 ADnraiser Pedro M. Rubio Address P.O. Box 941101 Maitland, FL 32794 Location DUrban ~ Suburban W Rural Predominant _~r&lefamlly ho~ Prasant land uaa % Land use change Buittup ~ Over 75% o 25-75% 0 Under 25% occupancy rrOOO) (yrs) Onefamily ~ ~ Not likely o Likely Growth rate o Rapid IZI Stable o Slow ~ Owner ~ Low-L 2-4famlly _ o In process Property values ~ Increasing o Stable o Declining o Tenant 600 Hlnh 40 Multi-fallily _ To: DernamVsupply ~ Shortage . ~ In balance R Over supply ~ Vacant (0-5%) IIIBiI Predominant - Commercial MarketinD time Under 3 mos. 3-6 mos. Over 6 mos. Fi v" /,.,., ~%\ 350 20 I Vacant Note: Race and the racial composlUon of the neighborhood are not appraisal factOI'L Neighborhood boundaries and characteristics: Boundaries are east of Tuskawilla Road west of Central Florida Greenewav south of S.R. 434 and North of Red BUD Road in a Iarae olanned communitv known as Tuskawilla which is made un of a varietv of housinn ontions. - Factors that affect the mari<etabillty of the properties In the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.): Emolovment stabilitv is aoad in the Orlando area due to the tourist industrv. The area is reasonablv convenient to emnlovment centers .. schools shoooina and normal communltv amenities. Protection from detrimental conditions and nolice and fire nrotection are ad""uate as tvoicallv available in the market area. No aooarent adverse factors which would affect the subiect's marketabilitv are noted. Mari<et conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and mari<eting time -- such as data on competitive properties for sale In the neighborhood, description of the prevalence of sales and financing concessions, etc.): General market conditions in the sub'ect neiahborhoad annear to be normal' snAcialloan discounts unusual interest bllvnowns and other soecial financina concessions are not known to be nrevelant. Seller concessions are not tvnicallv a factor in nenotiation of nrice and terms in this location and value ranae. Sunnlv and demand annAar to be in balance with nronertv values increasinn ranidlv. MLS records are indicative of a narrow list orice to sale orice ratio with tvnicel marketinn time beinn less than 90 da""'. - Project Information for PUDs (If applicable) - -Is the developerlbuilder In control of the Home Owners' Association (HOA)? TI Yes U No N/A Approximate total number of untts in the subject project N/A Approximate total number of untts for sale In the subject project N/A Describe common elements and recreational facilities: N/A Dimensions 25.21 x71.44 x 188.61 x 150.64 x 180 Sub'ect To A Survev\ Topography Above Street Grade Site area 19,100 SQuare Feet Comer Lot 0 Yes [8] No Size Lamer for the area Specific zoning classification and description Sinale Familv Residential Shape Irreaular Zoning compliance ~ Legal J? Legal nonconf~~ (Grandfathered use) 0 Illegal o No zoning Drainage Aooears Adeauate Hlnh.'" ~ best u'e .. imnr 'Y.d: Present use Other IIse Il!llI\lain\ View Res/Pond UtIlities Public Other OIf-sita Improvements Type Public Private landscaping Tvoicel For Area Electricity ~ Street Asphalt ~ 0 Driveway Surface Concrete Gas 0 CUrb/gutter Miami ~ 0 Apparent easements NoneAn~arent Water [8] Sidewalk Concrete ~ 0 FEMA Special Flood Hazard Area DYes ~No Sanitary sewer ~ Street lights Overhead .~ R FEMA Zone X Map Date 4/17/1995 Storm sewer AIlev None FEMA Man No. 1202950165E Comments (apparent adverse easements, encroachments, special assessments, slide areas, illegal or legal nonconforming zoning use, etc.): No annarent adverse or unfavorable easements or encroachments noted. The subiect Is located at the end of a cui de sac with an unobstructed view of a small oond. GENERAl DESCRIPTION EXTERIOR DESCRIPTION FOUNDATION BASEMENT INSULATION No. of Units One Foundation Poured Conc Slab Concrete Area Sq. Fl. N/A Roof _0 No. of Stories One Exterior Walls CB/Stucco Crawl Space None % Rnished N/A Ceiling _ [8] Type (DetJAtt.) Detached Roof Surlace Shinnle Basement None Ceiling N/A Walls _ ~ Design (Style) Contemo. GuttBrs & Dwnspts. Aluminum Sump Pump None Walls N/A Floor _ 0 ExistingjProposed Existina Window Type Sna Hna Alum Dampness None Noted Floor N/A None _ 0 Age (Vrs.) 17 Years Storm'Screens Screens Settlement None Noted Outside Entry N/A Unknow!L.-- 0 Effective AGe IYrs.l 10 Years Manufactured House N/A Infestation None Noted ROOMS Fover Livinn Dininn Kttchen Den Famllv Rm. Rec. Rm. Bedrooms # Baths Laundrv Other Area So. Ft. . Basement N/A Level 1 Area 1 1 1 1 4 3.5 Room Nook 2860 - Level 2 - . Rnlshed area above orade contains: 8 Rooms' 4 Bedroomls\: 3.5 Bath sl' 2,860 SGuare Feet of Gross Livino Area INTERIOR Materials/Condition HEATING Yes KITCHEN EOUIP. ATTIC AMENITIES CAR STORAGE: - Floors Col/Tile/Goad Type Fred Air Refrigerator ~ None 0 Rreplace(s) # Three [8] None o Garage Walls DrvwalVAveraae Fuel Electric RangelQven ~ Stairs 0 Patio Entrv ~ Garage # of cars Trim'Finish WoodlAveraae Condition Averaae Disposal ~ Drop Stair [8] Deck 0 Attached 2 Car Bath Floor Tile/Good COOUNG Central Dishwasher ~ Scuttle [8] Porch Screen [8] Detached Bath Wainscot TiierTub/Good Central Yes FantHood 0 Floor 0 Fence Aluminum [8] Buill-In Doors Wood/Glass/Ava Other N/A Microwave ~ Heated R Pool .R Carport Condition Averaae Washerll\rver Rnished Drivewav 2 Car Additional features (special energy efficient Items, etc.): Ceilina Fans Screen Porch Covered Entrv. Volume CeiliMs Three Fireolaces Jetted Tub in Master Suite Intercom S""'tem Aluminum Fencina Irriaation SYStem. CondUion of the Improvements, depreciation (physical, functional, and extemal), repairs needed, quality of construction, remodeling/additions, etc.: The subiect imnrovements are observed to be in overall averaae condition with no functional or extemallnadenuacies noted. The sub'ect nronertv has been recentlv uodated since the time of last nurchase to include new roof new floor coverinns new kUchen new master bath new - landscaolna. Due to condition and uodatinn the effective chanae is lower than the actual ane. Adverse environmental condUions (such as, but not limUed to, hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property.: No environmental hazards are noted however the annraiser Is not an emert in the field of environmental hazards and this reoort must not be considered an environmental assessment. Freddie Mac Form 70 6/93 PAGE 1 OF2 Form UA2 - "TOTAL for Windows. appraisal software by a la mode, Inc. -1-800-ALAMODE Fannie Mae form 1004 6/93 UNIFORM RESIDENTIAL APPRAISAL REPORT fileNo. PR050301 . .... ..... ......... ....... ..= $ 100000 Comments on Cost Approach (such as, source of cost estimate, site value, square foot calculation and for HUD, VA and FmHA, the estimated remaining economic I~e of the property): Cost estimate is based on data contained in Marshall & Swift cost uide a raiser files and data from local builders. S~e value based on recent land sales & extraction. De reclation based on modified a e life method. L1vi area is r a raiser measurements. 257,400 25.000 8,720 291,120 =$ .................. =$ ................ =$ . ......... -$ COMPARABLE NO.1 1712 Seneca Blvd TuscawillalLot 1381Unit 14a 3/4 Mile North 29112 262 008 15000 377,008 S~e im rovements include landsca I sodded & walkwa s rinkler stem and fencin . COMPARABLE NO.2 1632 Wood Duck Drive TuscawillalLot 33/Unit 12 1/8 Mile North COMPARABLE NO.3 677 Cayuga Drive TuscawillalLot 77/Unit 14a 1/2 Mile North + - $ Must 343000 129.55 rj:J Public Record/MLS Micro Base DESCRIPTION + - $ Must Conventional 366000 388 000 130.85 rj:J Public Record/MLS Micro Base DESCRIPTION + - $ Must Conventional -5 000 +5 000 +5 000 +2,000 -5400 +6,000 +23 840 +2,000 +2 520 +5 000 -20 000 'I' 'II .~ . j t 374600 13400 ITEM Date, Price and Data Source, for prior sales COMPARABLE NO.1 10/1999 $198,000 COMPARABLE NO.2 10/2001 $281,800 COMPARABLE NO.3 08/2000 $258,900 372 000 subject to completion per plans & specifications. Rnal Reconciliation: Based on the anal is of the data and current market conditions em hasis is laced on the Market A roach to value as this method takes into consideration the actions of b ers and sellers in the market lace. The Cost Income roach has not been utilized as this e of ro e is not urchased for income roduction. - The purpose of this appraisal is to estimate the market vaiue of the real property that is the subject of this report, based on the above condllions and the certification, contingent - and limiting condnions, and market value definition that are stated in the attached Freddie Mac Form 439/FNMA form 10048 (Revised 6/93 ). I (WE) ESTIMATE THE MARKET VAWE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF March 2 2005 - (WHICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $ 372.000 APPRAISER.~ P ubio SUPERVISORY APPRAISER (ONLY IF REQUIRED): Sionature ~_ Slanature Name Ped 0 M. Rubio Name Date Reoort Sianed March 3. 2005 Date R ort Si ned State Certification # 5t Cert Res REA 2281 State FL State Certification # Or State license # State Or State license # Freddie Mac Form 70 6193 PAGE 2 OF 2 Form UA2 - 'TOTAl for Windows' appraisal software by a la mode, inc. - 1-8oo-ALAMODE o Oid 0 Did Not Inspect Property State State Fannie Mae Form 1004 6-93 '-"'."...".;,) ~!1:~ "'" ::0) ~f:.:~ (H:.~ :::::::::F <it <I <1 >~+- A31 :::(") II~ ::1;)}:: >t 'if ... .'.F." <1 >>>::::1::.>: .........,F... :~:;::::: >:i.1)::::::::: :::0.::::::::: LD ..~......... :::~::::.:... C"') LD co N C"') -l l.L ::a):::::::: o .~:i::::: o ~ :@ -l 0: o LD]fd: C"') :::m::::::::: co :ex:::::: ~ :::~..::.::: o Xt;;;:.:.> co o 0... ... l- (/) ::> a:: .. I- UJ () 2: <( a:: ::> (/) 2: dd: dtE :::::::::::::::::2 :::::::::::::+- :::::::>- -..I ::::;::t ~ ..:::)~ () ::::::::<:{::e 2: :0.. ::> 2: <( Cl a:: o -..I u.. ...: I :>::;:;:::::::::..0 :::C:: ::::::.~ :::0.:: ::::::...J :~:::::::co :;~::.::..:~ >:(t):: ::::::: Q) tf :>0 w r--,,1 :2 (lJ 'f) <(z :r ;::;:; r; /.....l..- 20... w(j) -a:: >w 0' Z~6 <(>l?5 w>""': NLL-- ~o~ O>---.J 1--- ....._0 zU...--- wro~ u-.::tro z~~ >.;...;m ..c~ Q)Q)LL Q)Eo >>...... cu'-f- 0... ~z Q)::) 0:::00 w ::2: Y:-.::t<( <(orx: cooo . N LL rx:iO <(...---w oroCl) <( z..w ::::i2--.J wcuw ::2:0rx: ~c--.J <(~::!; ww~ rx: <( 0...---0... oC'?z Oroo wo> IN_O f-O>W ~f- -E"CI) C1J-g::::i E<(CI) 'co ~ ::2: -ow uQ)1- ..c - Orx: C'?-o d';2LL "'---~f- L{) Z ~ w 0L{)::2: OC'?w NL{)(/) UN/V c.91'-u.. ::) .. i..: co w~::2: ..oE- E:J~ :Jz Z .. E ~ 0 .- as E ~..cQ) Uu::2: 10/04/2004 08:50 4078951514 VOELPELCLAIMSERVICE PAGE 02/10 Vcli V oelpel Claim Service, Inc. John A. Voclpcl III, CPCU, AIC Teresa ThomasW. Michael Dennis;CPCU .John A. (Jay) Voelpcl IV, ACA SENT VIA FAX ONLY October 5,2004 Vincent & Wendy Mize 1607 Little Sparrow Court Winter Springs, FL 32708 Re: Member Claim No. Date of Loss Claim.ant ves Claim No. City of Winter Springs I FL GC2004051943-807 August 15, 2004 Vincent and Wendy Mize 01-1239 Dear Mr. and Mrs. Mize, Enclosed are three docwnents. The first is an estimate to replace the interior arid . indoor/outdoor carpet. It also allows for Mr. Mize's labor to remove the old carpet. This estimate itemizes the applicable depreciation. The second document is an estimate for. the replacement of the drywall and insulation. No depreciation was taken on these items. Both of these estimates include overhead and profit as well as applicable sales taJ\;. The third document is a spreadsheet that I have created iliat I have titled "Statement of Claim." It is summary of what amounts we have approved and what items have been paid. As you will note, I have three issues pending. These items will be addressed in more detail as we move forward. As you are aware, USAA has put the Florida Lea.gue on notice of their subrogation claim. Per my conversation with their claims representative, they are going to totaUy recalculate your claim. It was my suggestion that rather than recalculate your claim that they instead audit our numbers. They prefer to complete.a new estimate but will review our figures. At this juncture, we have approved $17,067.88 worth of work, which includes overhead andprofit. Ofthat $17,067.88, we should escrow $10,000 on which USAA has placed a lien. That would leave $7,067.88. available for dispersal. To date, $5,831 ;65 has been paid leaving an outstanding balance of$1,236.23. If you agree with this amount please send a note so statlllg your agreement by fax and we will ask Bonnie to process payment and a release. 2202-F Curry Ford Road · Orlando, Florida 32806-2478. (407) 895-1808. FAX (407) 895-1514. E-MailVoelpeICS@AOLcom 10/04/2004 08:50 4078951514 Page 2 . Vincent and Wendy Mize October 5, 2004. A. Voe1pel, ITr,CPCU, AlC Enclosed: Dryw-all Estimate Carpet Estimate Statement of Claim dated October 5, 2004 cc , Bonnie Wright . Florida League of Cities, Inc. Post Office Box 53813$ Orlando, Florida 32853-8135 VOELPELCLAIMSERVICE PAGE 03/10 08T-20-04 WED 11:39 AM FLORIDA LEAGUE OF CITIES FAX NO, 407 425 9378 P. 02 PH{)PERTY DA'M'AGE RELEASE KNOW ALL MEN BY THESE PRESENTS: Thrlt the llnckrsignocl, b~il1g of lawful ag" for sole cOllsidllnltion of ~.i.!l'\ Ibr!~15~~J.:!S.UlV() hll!)s.ll:E~d ni.12.~l..D?.ighl doU.<\!7!....11D.oO f)olla.r,~ ($2..~9R,31 ) to be paid to Vincenr anti Wendy Mi:.::c, for !lgn'\ lL'iJs:!1 on_S_\,lI.llm~.nr (lfCI~iTrl dnt.s-,Sl OC1.ol?!.!L.2~)()04 le~\..$1 0,009.,10 be ll<;lrl in ~2fnL\Y.,l~~b.~_~~lhm~Wi()n CJ-,~,~l:n oflL~^A. TJ1Ci;C i!.!;T!}S in~b,ldc 1) Q:\:,crhead~~llcl r>rq!it for liI~ worlt~,ll 12.!:YillJ l.:! nrl in;').~llaliqr\.i...J) V(~.~sl iml1LS. to repl~lg,rior <.Iq~1jnctOOl'/qlltcloOLtarpet,.t1) r ,abQ,~ to n'llJpvu fll}.0:dmpll wiJJ.lpaper: ...,~) ^J1ow.~!~!,cpl1lce wa llJ),ilpcr; PCl'~..Qnal properly (J1)i!.. aclrlitiQral livi.!}g CX'~('I.!?~ 2.,cr Pei.':~~1:.! 1 rJ':'op'~.!1Y..~. Misc, -Sl?n:ncJ.s1)el.':1 d;]t~~H>Ctoht:.f 18. 2004; .md ~) CnW....l:1 SIJI'H)Ic:p.lcnt 0(,$139. 9 ~, do/dOt'S hLTL-by and for my/om/its heirs, executors, odminislr1ltors, successors i.llid assigns rckose, n<.:glJir ~ll1d fortver dj,,(;harg~ Jl1c (~rWinteI.. Sprin.~md <ill tmplQyecs Elnd l'lc)Tida MlJllicip,;!,1 JnsUl'atlfE. J~U.ls.1 ,1I1d his, her, lhdr, or its agents, servanls, StlC'cessors, heirs, ,;xtCulors, administrators snd all olhL'r pc['wn!;, fiLUIO\, cnrporafiol1s, as~ociati()n$ or paTI'ncrships of ,mJ fronl flny and all claims, actions, causes of ,H:lioll, dcmilnds, rir,ll1s, d:mlnges, COSIS, loss of service, expcn~Lls and compcmalion wh~tso(:vcr_ which tbe undcl'sigllt.:rl nC)W hus/lHlvt: or wbich II1JY hcrcD fieI' accrue on aCCOllIlt of or in any way growing out of flny and 011 lwown ,mct unkllowlI, fore-sot:n lInn llnforuseclI pn)pel'ty u:llllilge and the t'cm~equt:Ilc':~ there()f l't>~uliing Or lo rcs\lllli'om the OCl:'tlITt'!1Cc 011 or about lht.: .L?_!h (by .^IlI~Us..L, 200.1, at ()r nC'lir :\yil11cr Springs. FL II i~ \111den;t()od LInd ar,rr.cd Ih~11hjs sCllklllcIlt i~ The cOl1lpromhc of a doubtful and disputed c1mm, :l11Lll1,i.1t 1hc payment Illnric is nol to be cOI1f,tmed as ~n :ldmission OrJiilbiliLy 0111hc parI of the p:lrty or prJrlH~s hereby I'l'IC:1SCc!, (ll1d that s::\id rl:leasecs deny liability therefore and intend merely to avoid 1 iligalioJ1 <111<..1 buy their pL'.1CC. The lll'ldt:rsigned furlher ckc1arc.(s) <lilt! rcprcsclIl(s) thnl 110 promise, indl1cC'mcnt or Llgn:'cl11cnr llot bl'rL'in \~Xpl'~.~scd has bCL'n maul' to thl~ tlI1u.:rsigned, and that this Re,lease contains {he entire LlgrL'cmcnt lwl\VCllfl 11ll: parties herdo, .Hld thut the temu of this Release arc contT!\clnal LInd not a mert: recit,,!. TIlE UDERSIGNED liAS READ TIlE FOREGOING RELEASE AND fULLY UNDERSTANDS fl'. Sir.nl>,d, sl'~dcri and delivered Ihis _~O-!!\ c1ny or _ ~ _ ~_, 20J?i.... READ BEFORE STGNJNG BELOW Wilness ~__",.._J.S -"-.-.---.,, ..-......"'--.,.....----.,..-- Witness T.S -.,...----."..,- .n_.... .... -..--.- ....WllnCS1i -.... ---- .--- x LS S"l ATE OF .. ~..to.~I::::._.... COUNTY OF. ,~~~~..._.____. ANY Pl-'RSON WHO KNOWINGLY ANr> WITIl fNTFNT TO INJUR". r)EFRAUD, OR r>r:CmVl~ I\.NY lNSURAN("J; ('0 FILES I\. $TI\.TEMENT OF CI.AIM CONCf-:.HNING ANY PI\. I SE IN('OMI'J .ETE OR MISLHAD/NG INFORMATION IS GUIL'l'Y OF A FELONY OF TIlJRD DEGrUilf. On The _ ..;(q~____. day of ~~\ , 20.i)~. before me personally appe:lrL'd ..\lu.ic..~__}:d'~.~~~,J_)V1!~_A~:. f\;\li-e.___:-___."..__ _., .. to b(~ klll)WII 10 be the persoo(s) llomed hcrt:m and \vho t:x~'cLltcd the fon:gomg Release and _. .,,___....__.,. . :1C ku()wkdg<:;ri to me OWL ......".. . ...voluntarily executod th~ same. SS, MYtC-I'I11t?Xf)il'es~... ,~\~\Q.;U~ ~ ,200lp _. .O~ ,.. ...?/}~L - 1, \........_. . =---.- -."....,,- - ---. ,.. ~ I.~ ' ( Partial Release ( 'a\. 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(D,e en, Q. ~ ID ::J", n. -, l)} n ..., ';SID CIi', C ::) ;>;"" :J q, " :5 Ol ,... c o o o (ll .., I'- C I'- C ~ ~ Z o m z -i )> Z o ~ m z o(j -<- ;:) Nr; m- e I - 'Tl ~ r "" o - ;;tl C - .., o c ~ 5 m .. )> 3 G) c rn o 'T1 n o.ooi m en ~ , , , -0' , ID 1 ::ll 10.. : :i'. ;<01 I , , z ~ 1~/~5/2004 11:11 4078'351514 VOELPELCLAIMSERVICE PAGE 02/10 v@ V oelpel Claim Service, Inc. John A. Voelpcl III, CPCU, AIC Teresa Thomas W. Michael Dennis, CPCU John A. (Jay) Voelpcl IV, ACA SENT VIA FAX aod HAND DELIVERY October 7, 2004 Vincent & Wendy Mize 1607 Little Sparrow Court Winter Springs, FL 32708 Re: Member Claim No. Date of Loss Claimant VCS Claim No. City of Winter Springs, FL GC2004051943-807 August 15, 2004 Vincent and Wendy Mize 01-1239 . Dear Mr. and Mrs. Mize, We have had a chance to work on your personal property claim. Unfortunately, We could not convert your spreadsheet to a format that we could use. We, therefore, re- entered it into a new spreadsheet. When we could not make the figures jive, we ran an add tape and found that you shorted yourself $50 on the first column ofn.urribers. For your records, the subtotal of column one. should total $11, 723.00 . You will note that we have left six items as pending. ForaH other items, the total of the replacement cost is $8,702.48 and the actual cash valuejs $7,640.81. Attached is a Statement of Claim Fonn dated today. We have added the $7,640.81 to the approved amount increasing the total in that column to $24,717.69. Ifwe stilI escrow the amount ofUSAA's lien, $10,000, the total owed to yon to date would be $14,717.69. Of that amount, $5,831.65 has been paid leaving an unpaid balance of $8,886.04. Of course this does not address the amount paid directly to AdvantaClean nor for apartment and funllture rental. Jfyou agree with.this amount please send a note so stating your . agreement by fax and we will prepare a release and ask Bonnie to process the payment. Also enclosed is a copy of the drywall estimate we that neglected to attach in our fax sent yesterday. 2202-F Curry Ford R.oad · Orlando, Florida 32806-2478 . (407) 895-1808 . FAX (407) 895- 1514. E-MailVoe1peICS@AOL.com 1A/85/2004 11:11 4078951514 Page 2 Vincent & Wendy Mize . October 7, 2004 Enclosed: Drywall Estimate Statement of Claim dated October 7 2004 . Personal Property Inventory cc Bonnie Wright. Florida League of Cities, Inc. Post Office. Box 538135 Orlando, Florida, 32853-8135 VOELPELCLAIMSERVICE PAGE 03/10 fl i Isrog>)1 g~ ~ )~~~~~ .~~ ~~ Igl~ Ifr~!(=jII::J<1 ~!];1;!i! ~l I .- ~ 9: ~ CIl ~ g. if ~ ,..", 0 ;: ~ ~ 3' c Q. CD 0)1 g. ~ ~ g. ~ I I .... !O 16 ;;;;S Kj !2 :'. ~ ~ ~ _0" roCll ~ Q) 0) 5:: -g ~'m Co m .u::> ,w I i ~ ~ x ,.... .... _ ~ CD ::J.... ::l 0 .., Vi m CIl _ W CIl I ~ I' - 3 ~ "0 . "-> 0> m@....3 0. CD co ~ ~:::: ~':::: I ~ 1D 3, __I I CO I~'~ .g ~~Q.ii5OI 3a'i30CD ~ @-o ~ ~-a ~ ~ SJ Cl ~!l?! ~I I. ~ IcE g ICD eog;n.., (tJ 0 CD !ll 0.. 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Cobi:.rdl'l 0 :....a,Cn~ ....000 0 U1.b.~O ~ o ..... o o is' t:r ro .., .-.1 '" o ~ ~ z ("') m Z"'tJ -1m >^' ZOO cO ~z m~ Z"'tJ C;:u -<0 i:"'tJ -m N;:u ~~ ~> oz ;:00 os: >(j) ,n m' >en (j)"'D c:~ mm 0> 'TI~ ("):J: -m ::!m m-l en .. Seminole Chronicle - Family wants WS to pay for pumping sewage into housef:.v'"\( ({ SeminoleChronicle.com - The hometown news source for Oviedo and Wmter Springs- Page 1 of3 ONLY $2550 -,- 52 WEEKLY ISSUES! L? Friday, September 16, 2005 News Family wants WS to pay for pumping sewage into house By Michelle Yoffee-Beard I September 02, 2005 WINTER SPRINGS - More than a year after Hurricane Charley tore its way through Central Florida, one family wants Winter Springs to pay for the nearly $65,000 in damage to a house. The family's home was damaged when raw sewage was accidentally sent by a city employee to the family's house. Last year, the day after Charley hit on Aug. 13, a mistake at a Winter Springs sewage lift station turned the lives of the Mize family upside down. The error, a flip of a switch in the wrong sequence by a city employee, sent a sea of raw sewage flowing into their Tuscawilla home. The sewage station had been on a generator since the hurricane the previous night. After the house tested positive for E. Coli bacteria, Wendy and Vincent Mize said they knew that they had to take their three children and dog out of the home until it was safe to go back. The city paid for an apartment while the family was gone. Now a year later, they are back in their house, but are out more than $20,000 in out-of-pocket expenses because the city has not paid for everything the Mizes feel it should. SAFE TO PLAY AGAIN: Five- year-old Leah Mize runs around like a tiger in the hallway of the family's home, which was filled with sewage after a mistake by Winter Springs city employees caused a backup through the Mizes' plumbing. Walls from six rooms had to be torn apart and replaced, and carpets and tile sanitized and replaced, as well. Though the family's life is nea rly back to http://www.seminolechronicle.comlvnews/display.v/ ARTI2005/09/02/431727f969bdO?in _'" 9/16/2005 Seminole Chronicle - Family wants WS to pay for pumping sewage into house 4' "We had to incur close to $20,000 of expenses out of our pocket replacing carpeting. We replaced ductwork. We did that all at our own expense," Wendy Mize said. They decided to replace the air conditioning unit because they didn't feel safe with the mold and potential hazards that could be flowing through the air. Because the unit was old, they had to pay for it themselves. Insurance only paid for depreciated costs, not replacement value. Page 2 of3 normal, mother Wendy Mize said their troubles aren't over yet. She said the family has paid nearly $20,000 of their own money to fix the house, and are fighting for the money from the city and insurers. "We didn't expect them to do the air conditioning unit, but we wanted the ducts replaced," Mize said. "The city never tested for airborne contamination but we needed to know our family was safe." The E.coli contamination was detected through swabbing, not through airborne tests. "They depreciated the carpeting because they said it had been three years old and we kept saying that this wasn't our fault. They didn't give us full replacement value, and we had to pay for it." Shortly after the hurricane, commissioners told residents that the city would pick up costs not covered by private homeowner's insurance or by the city's liability insurance. In addition to the out-of-pocket expenses, the Mizes also want some additional money for pain and suffering. They've hired an attorney to try to recoup their costs and may file a lawsuit if their demands aren't met. "They didn't give us full replacement value for many of our items," Mize said. "We lost personal property, furniture, books and clothing. We lost about $15,000 worth of personal items, and they gave us about $7,800." She said her house will now be worth less because they have to disclose to potential buyers that it's been flooded with sewage, something she thinks she ought to be compensated for. So far, though, she doesn't think the city is doing enough to help and she's bitter. While Mize said she is saddened because her home was destroyed through no fault of her own, she is further angered by what she sees as the city's lack of concern. On Aug. 9, Mize's issue was put on the agenda of the City Commission, but she declined to show up at the meeting on the advice of her attorney. http://www.seminolechronicle.comlvnews/display. vi ART/2005/09/02/431727f969bdO?in _'" 9/1612005 Seminole Chronicle - Family wants WS to pay for pumping sewage into house Page 3 of3 "They sent out a letter saying that a meeting had been scheduled in front of the Commission, but we wanted a staff meeting where we could negotiate and talk/" Mize said. "Instead, we'd only get three minutes at the dais and they'd vote on it and we'd be done. That would have been a legal hearing because they're a governing municipality. If they had ruled on it, it would have been law, and we'd have had to go and file an appea1." Mize has been told that the Florida League of Cities, Winter Springs' insurance carrier, has a settlement offer prepared, but neither she nor her lawyer have seen it yet, even though it was requested almost a month ago. City Manager Ronald McLemore said that while he sympathizes with the Mize's plight, he has to make sure that what the city does is right by the Winter Springs taxpayers. "Beyond that, though, it's in litigation. I can't discuss it," he said. City Commissioner Michael Blake said the city still may meet with Mize and other affected residents. "I don't believe there has been any change at all in the commissions' position from the get-go/" Blake said. "We were scheduled to have a meeting two weeks ago and the other party's attorney postponed that. Since that time, I can't tell you what has occurred." @ 2005 Seminole Chronicle Advertise on the New Digital Group Newspaper Network http://www.seminolechronic1e.com/vnews/display.v/ ART/2005/09/02/431727f969bdO?in _'" 9/16/2005 Seminole Chronicle - Sewage made tough times worse for family Page 1 of2 ole Chronicle.com -TIle bometoVtt"U J're'\lll'S source for Oviedo and \Vinter . ONLY $2550 -, 52 WEEKLY ISSUES! '!f Saturday, November 5, 2005 News Sewage made tough times worse for family Priceless handmade gift, peace of mind lost in flood By Michelle Yoffee-Beard I August 27,2004 Wendy and Dave Mize's home is one of the ten Tuscawilla residences already suffering from a loss of electricity from the hurricane when they were awakened after a day of exhaustive post- hurricane cleanup to a new horror. "After having survived Charley, we woke up to that terrible stench," Wendy Mize said. "There's a pond in the back of the house, so at first we thought that maybe the pond was overflowing. But that wasn't it," Mize said. Since the family was without electricity, they had trouble at first in the darkness trying to find out what the problem was but quickly discovered it. Mize said: "There was sewerage in the pool bath, coming out of the bathtub, literally spewing out over the rim of the bathtub. It was a stream of flooding human waste as if you were walking into an open sewer with feces floating past you. The urine and stench were horrible in the middle of the night and, because we had no power and no lights, we were traipsing back into the sewer water and taking our children to a neighbor's house that was not affected. We were in bare feet just trying to get things out. A few minutes after our neighbor called, we heard the substation near our home click on and the water stopped gushing." The entire south portion of their 3,000-square-foot home, including the three bedrooms where http://www.seminolechronicle.com/vnews/display.v/ART/2004/08/27/412e9e2c311fc?in_a...11/5/2005 Seminole Chronicle - Sewage made tough times worse for family Page 2 of2 their preschool-age daughters sleep, two bathrooms, two hallway closets and a laundry room were affected by the sewerage. The family of five and their ll-year-old dog are now forced to sleep in one bedroom and share one-and-a-half bathrooms. To make matters worse, within 24 hours of flooding, one of her children and her husband came down with an illness. "Our oldest daughter had vomiting and my husband's chest is tight and his throat is raw. Bacteria from human waste can become airborne and cause serious upper respiratory problems. Since the city didn't take steps we took the kids to the doctor immediately," she said. The cost of damages could rise to $30,000. "Our son woke up at 12:30 in the morning, and said 'Mom, dad, there's water everywhere,'" resident Lorraine Camarano said to the Winter Springs City Commission. "There was water coming out of all three toilets like a fountain." The family was forced to move into a hotel because of the damage and health concerns. "You're ruining our property values, you're ruining our homes and you're ruining our lives." Mize and the neighbors are hoping for the city's insurance company to replace damaged items at a full replacement cost because the error was made by the city. Their homeowner's insurance will cover only a small portion of total cost. "The city's insurance company established they would not give us replacement cost. Their insurance representative came out and told us that he would have to depreciate this carpet because it was three years old. We wouldn't be bickering over it if they would just replace what they ruined," Mize said. Mize and others might obtain legal council. She said, "They put the sewerage on the carpet, not us! I just want my home back the way it was." Even with all the hassles and horrible mess her home has become, it's losing the precious family belongings she has collected over the years that is most crushing. During the sewerage crisis, Mize's father had to have emergency open-heart surgery and it all hit her when she realized a handmade treasure from her dad was wrecked. "A wooden dollhouse that my dad built for my sister and me that I've kept for 40 years is ruined. I had to watch my husband take a sledgehammer to it so city garbage would take it. I sat on the curb and cried. I was inconsolable," she said. @ 2005 Seminole Chronicle Advertise on the New Digital Group Newspaper Network http://www.seminolechronicle.com/vnews/display.v/ART/2004/08/27/412e9e2c31lfc?in_a...11/5/2005 Seminole Chronicle - Unnatural disaster Seminole Chronicle. - The horne-town Ile\VS source Oviedo and \\rinter Page 1 of3 ONly$2550 -- 52 WEEKLY ISSUES! ~ Saturday, November 5, 2005 News Unnatural disaster A sewage backup into 10 homes has residents fuming By Michelle Y offee-Beard I August 27, 2004 WINTER SPRINGS - Just two days after hurricane Charley pelted the area, several homes in Tuscawilla received a flood of raw sewerage, soaking carpets, walls and furniture - and it took nine days for the Winter Springs City Commission to be made aware of the problem. Shortly after midnight on Aug. 15, sewerage began running through at least ten homes in the area of Little Sparrow Court and White Dove Drive, spurting mass quantities of sludge out of toilets, bathtubs and faucets. Some families have been forced to leave because of stench, hazardous cleanup and the toxic contents of human waste. Although the city has accepted accountability for the fecal flood, it is not clear who will ultimately pay all the expenses for the damage. The incident occurred when a city employee emptied one of the local sewage stations in the wrong sequence, causing raw sewage to jet into the homes. The sewage station had been on a generator since hurricane Charley hit the night before. The group of homeowners was invited by a city employee to speak to the Winter Springs City Commission at their Monday night meeting and although nine days had passed since the incident, none of the commissioners knew about it. Some of their pleas and stories of disgust and frustration got emotional and angry as dumbfounded commissioners listened on. As commissioners came to understand the severity of the problem, it also became clear that some city officials already knew about it, but hadn't told commissioners, including City http://www.seminolechronic1e.comlvnews/display.v/AR T /2004/08/27/412e9bfc023c5 ?in _'" 11/5/2005 Seminole Chronicle - Unnatural disaster Page 2 of3 Manager Ronald McLemore, who sits with the council during all meetings. Wendy Mize, a homeowner whose home was seriously damaged from the incident was furious at McLemore's lack of involvement. "Mr. McLemore knew. We were invited by our fire chief [Time Lallathin] to come to the meeting and we were to speak at 9 p.m. and then they made us wait until 10 p.m. to actually talk. We went there looking for answers, some kind of assurance. They admitted liability and responsibility and we thought they were just waiting to give us a check [to compensate for their error], and instead we were telling them that we had sewerage in our home. It's unconscionable that they didn't know it. It was nine days after the fact," Mize said. She believes the lack of communication is a pattern in the Winter Springs government. "I couldn't believe that nobody knew about all of these homes that were hit with the sewage backup. This is symptomatic through Winter Springs. This is incompetence up the chain of command," she said. McLemore disputed the fact he was slow to notify the mayor and commission and said the purpose of the neighbors coming to the meeting was to open dialogue. "We believe we notified the commission as soon as we knew about the situation. This notification thing ... we notified them as timely as we could," he said. Mayor John Bush was less than satisfied with communication about the sewage problem and said he's shocked the lack of adequate notification from McLemore and was thunderstruck as to why he and the commission weren't told about the problem that affected so many people. "When these citizens came forward, it was news to all of us, we guarantee it. Unfortunately, we do have a communications problem in city hall. I've had citizens call me with [complaints of unresponsiveness]. We need to do something about it, but it takes commission action to do it. It irks me that people can't get through to city hall or return phone calls," Bush said. Commissioner Michael S. Blake said he was also disappointed that McLemore did not let the commission in on the problems before the homeowners appeared before them last Monday. "He doesn't do a good job of communicating as openly as he should and that includes the residents, his peers and the commission. But during a crisis I'd rather have the city manager handling problems and not being a news hog," he said. But Blake was on the hot seat after he made comments at the meeting that Mize and other neighbors felt were insensitive. The neighbors said Blake suggested the homeowners might try to milk the situation to try to get more money. http://www.seminolechronic1e.com/vnews/display.v/ART/2004/08/27/412e9bfc023c5?in_...ll/512005 Seminole Chronicle - Unnatural disaster Page 3 of3 Mize said: "Blake told the other Commissioners that he didn't want us to get a three month European vacation out of this. We are not fortune hunters, we just want our houses back how they were before this." However, Blake vehemently apologized and said the neighbors misunderstood. "What I meant to say is that with insurance and in dealing with public money, the law is that they can be no better off than they were before the incident but we can bring them up to where they were before," the commissioner said. Even though some of the families were able to salvage at least part of their homes, many of them cannot live there while the cleanup is going on so the commission agreed Monday to pay displaced homeowners lodging and meals on a per diem basis for up to two weeks. The city is waiting for bacteria test results from a state hygienist to determine whether or not the homes are inhabitable or will have to be condemned. Test results are expected back early next week. @ 2005 Seminole Chronicle Advertise on the New Digital Group Newspaper Network http://www.seminolechronicle.comlvnews/display.v/ AR T/2004/08/27 /412e9bfc023c5?in _'" 11/5/2005 Hygienist to assess houses Page 1 of2 Orlando Sentinel Hygienist to assess houses Winter Springs will learn whether 10 families can resume living in the homes. By Patricia Xavier and Gary Taylor Sentinel Staff Writers August 25, 2004 WINTER SPRINGS -- A city worker's error caused raw sewage to back up into several homes after Hurricane Charley. Today, those homeowners -- some of whom were forced into hotels -- should learn whether there's a lingering health hazard. The results could mean relief or bigger problems ahead. It's unclear who will pay for any repairs. A hygienist is scheduled today to visit 10 houses in the Tuscawilla community to test sanitary conditions. "If they tell us that those houses are not livable, then we're going to have to condemn them," City Manager Ron McLemore said Tuesday. Sewage backed up into homes in the area of Little Sparrow Court and White Dove Drive in the early- morning hours of Aug. 15. Lift stations in the city were without power in the aftermath of Hurricane Charley, and a utility worker used a generator to clear the lift stations in the wrong order. "It was a sequence problem," McLemore said. Sewage from the lift station serving those homes was pumped into a lift station that had not been emptied, he said. As a result, sewage backed up through toilets, tubs and sinks. Three families left their homes after the backup and moved into hotels, but seven families stayed behind, McLemore said. The sewage overflowed from all three toilets in Mike Camarano's home. He said his family moved out almost immediately and is staying at an Altamonte Springs hotel. Camarano said his insurance company is taking care of everything, and it has indicated it will try to recoup damages from the city. Some residents are upset that the city is not picking up the entire tab from the start, but they also expect their insurance companies to seek restitution. Wendy Mize said her insurance would cover $10,000 for the sewage backup, and that would include the cost of a hotel room if they have to move out. She estimates damage at $25,000 and said having the home cleaned and sanitized would cost another $3,000. "Our home kept us safe from Hurricane Charley, and the very hallway that we huddled for comfort is the http://www.orlandosentinel.comlnews/orl-lochsewage25082504aug25.l.1302840.print. story 8/2612004 Hygienist to assess houses Page 2 of2 very hallway that is now flooded with feces," Mize told the Winter Springs City Commission at its meeting Monday night. David Cominsky, director of property and litigation for the Florida League of Cities, told commissioners that two homes had a combined $150,000 in damage. He said the city's insurance coverage would provide $200,000 for the entire incident. Several commissioners said they were unaware ofthe incident until residents spoke up at Monday's meeting. Commissioner David McLeod said he was furious and that the city should take immediate action despite concerns about cost. The commission voted to cover living expenses for families who leave their homes, including a food allowance of$12 a person a day. McLemore said the assistance is being handled "on a case-by-case basis." "Some were covered by their own insurance," he said. Others will be helped by the city. There is no estimate on how much the incident is expected to cost the city, but some residents said they have been told the cleanup could take as long as four to six months. Patricia Xavier can be reached at pxavier@orlandosentinel.com or 407-322-3513. Gary Taylor can be reached at 407-322-3513 or gtaylor@orlandosentinel.com. Get home delivery - up to 50% off http://www.orlandosentine1.com/news/orl-Iochsewage25082504aug25.1.1302840.print.story 8/26/2004 WFTV.com - Print This Story - City Mistake Leads To Possible Contamination In Homes WFTV.com Page 1 of 1 City Mistake leads To Possible Contamination In Homes FOSTED: 5:01 pm EDT August 25,2004 UPDATED: 5:13 pm EDT August 25,2004 WINTER SPRINGS, Fla. -- Ten families in Winter Springs are finally getting some action, and some advice, after the city's sewers backed up into their homes. An industrial hygienist is now checking their homes for contaminants. Wendy Mize points out one of the places sewage was coming from. The homeowners say the city is taking the blame, but doing little to help them. A team of insurance and biohazard inspectors came Wednesday to see how bad things really are. Little swabs and lab tests will soon determine if 10 homes are still fit to live in. A sewage blunder shortly after Hurricane Charley backed up toilets and drains so badly that the environmental hygienist was called in to check the damaged homes. ''It spewed up out of the drain," explains Wendy Mize as she recounts the night her home flooded with raw sewage. A little over a week later, half of her home is disassembled. "We estimate we have from $25,000 to $27,000 in damage from the black water contamination," says Mize. GET WFTV NEWS HEADLINES BY EMAIl The city turned of its pump stations during the hurricane. When they turned them back on, it was done in the wrong order. So, instead of sending the sewage out of the homes, it went into the homes. R19 a.m. Headlines ~! Noon Headlines R14 p.m. Headlines R1 News of the Strange R1 Breaking News Alerts Enter E-mail Now the affected families say the city is only making matters worse. They say city leaders have done little or nothing to help fix the problems they created. City leaders wouldn't talk on camera Wednesday. But, they said, they're working with their insurance companies to find out what assistance they can provide. Meanwhile, they've offered the families a two-week stay in a hotel. )- CONTINUE 1, Test results on the homes should be back in about two days. Copyright 2004 by wftv.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. http://www.wftv.com/print/3681321/detai1.html 10/13/2005