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Home My WebLink About2005 12 14 Regular 300 3 SPECIAL MEETING COMMISSION AGENDA Consent ITEM 300 Informational Public Hearing Regular X Mgr. / Dept. December 14, 2005 Authorization Special Meeting REQUEST: City Manager requesting the Commission to make a final determination regarding the settlement of storm related damages resulting from sewer system back-ups during Hurricane Charley. PURPOSE: This agenda item is needed to determine the City’s final offer of settlement regarding the restoration of properties damaged by sewer system back up’s associated with Hurricane Charley. CONSIDERATIONS: On November 7, 2005 the City Commission held a Special Meeting to discuss the terms of a final settlement offer related to damages resulting from sewer back up in homes resulting from Hurricane Charley. After hearing from the staff and the effected residents, the Commission decided to table the matter until December 14, 2005, and directed the staff to come back to the Commission with further recommendations for a settlement offer considering the information brought to light in the meeting. Specifically, the Commission requested recommendations relating the amount of settlement offer to the varying amount of loss and inconvenience sustained by the residents. As a result of this review the City’s Insurance Company has revised its final offer, and agrees to pay the effected residents covered by the City’s insurance the following: a)Eligible depreciation and other eligible out-of-pocket expenses, and b)10% of the value of the approved loss. This offer is being made in return for a full release signed no later than 15-days from the receipt of the release which will be mailed to the owners by certified mail, or signed at the Commission meeting. The City’s Insurance Company and the staff agree that the three cases in which the residents are covered by their own insurance companies should not be considered until those pending claims are completed. They include the Smith’s, Walter’s and Camarano’s. As offered by the City’s Insurance Company the effected residents covered by the City’s Policy would be paid the following: 10% of Other Approved Approved Out-of-Pocket Eligible Loss Loss Depreciation Out-of-Pocket Total Rutherford 114,656,82 11,465.68 753.77 12,219.45 Bibiloni 66,661.31 6,666.13 967.65 339.87 7,973.65 Mize 45,780.67 4,578.07 2,606.19 7,184.26 Almeida 43,207.03 4,320.70 4,320.70 Baker 29,510.51 2,951.05 2,951.05 German 24,072.99 2,407.30 2,407.30 Schollhammer 777.66 77.77 77.77 Smith Pending Pending Pending Pending Pending Walters Pending Pending Pending Pending Pending Camarano Pending Pending Pending Pending Pending Options Staff recommends consideration of three options: 1.Limit the City’s final offer to the revised offer submitted by the City’s Insurance Carrier as follows: Rutherford 12,219.45 Bibiloni 7,973.65 Mize 7,184.26 Almeida 4,320.70 Baker 2,951.05 German 2,407.30 Shollhammer 77.77 Smith Pending Walters Pending Camarano’s Pending 2.Limit the City’s final offer to the revised offer submitted to the City’s Insurance carrier, plus some minimal good will offer for inconvenience. For example, The City could add $2,500 to the insurance company’s offer as follows: City Insurance Carrier City Total Rutherford 12,219.45 2,500.00 14,719.45 Bibiloni 7,973.65 2,500.00 8,473.65 Mize 7,184.26 2,500.00 7,684.65 Almeida 4,320.70 2,500.00 6,820.70 Baker 2,951.05 2,500.00 5,451,05 German 2,407.30 2,500.00 4,907/30 Schollhammer 77.77 2,500.00 2,577.77 Smith Pending Pending Pending Walters Pending Pending Pending Camarano Pending Pending Pending 3.Same as Option 2 with a different amount offered by the City. RECOMMENDATION: It is recommended that the Commission choose one of the three options described above. All three offers are made contingent upon execution of a full release signed within 15 days after receipt of a settlement agreement via certified mail, or full release signed at the December 14, 2005 City Commission Special Meeting. ATTACHMENTS: 1. November 7, 2005 Agenda Item. ACKNOWLEDGEMENTS: The following items were received on or after the November 7, 2005 Special Meeting. Since they were mailed to the Mayor, Commission and City Manager independently, they are not attached. 1.November 22, 2005 Walter’s Email Letter. 2.November 15, 2005 Mize Email Letter. 3.November 7, 2005 Mize “Memorandum for the Record”. COMMISSION ACTION: