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.
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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, :;
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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.
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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
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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.
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MSN Money - Insurers keep a secret history of your home
Page 4 of 4
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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
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-----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.
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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
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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\. Renee R Quigley
!~ ,; MY~~s1on 00087018
\;:Of",df Expires JanUary 29, 2006
OCT-20-04 WED il:40 AM
FLORIDA LEAGUE OF CITIES
FAX NO. 407 425 9378
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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
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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."
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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.
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Advertise on the New Digital Group Newspaper Network
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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.
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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.
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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.
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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.
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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