City Is Hiding Their Documentation !
The City Attorney has obviously instructed HIS staff in City Hall to hide the documentation surrounding the below events. One can't really blame them. As a City so steep in litigation, and the dropping of their legal liability insurance, unless higher premiums were paid, would automatically put the City in an undesirable situation. They deserve every law suit filed against them.
In fact, they would have to bring in an OUTSIDE law firm to handle such cases, since it would seem the half-million dollars paid to the current City Attorney's firm wouldn't be able to handle such litigation that SHOULD (I myself would sue for what has transpired) arise out of the City's failure to come to a closure. The time table of events alone dictates the City's responsibility, and ERRORS!
When the going gets tough, the taxpayers of the City of Winter Springs have to pay ENORMOUS amounts to obtain functional legal representation --- like a "Supreme Court Retired Justice" --- a la the TLBD "special tax assessment" con job scam pulled off. This writer knows of that ploy. They even have to obtain outside legal representation for employee disputes.
Read the below chain-of-events, and then judge who is the responsible party. Ronnie "spendamore" McLemore sure doesn't help any as a so called representative of the City --- City Manager! City Hall has become his personal jail --- nothing happens without his "keyed" okay.
Timeline of Events
Sewage Flooding
City of Winter Springs
August 13, 2004 – Hurricane Charley passes over Central Florida, knocking out power.
August 14, 2004 – The City Hall generator fails, shutting down power and communications to the fire station. In order to restore communication, one of the three generators had to be removed from the sewer system and transferred to City Hall, leaving 2 generators for 38 lift stations.
Special Insert as of 11/07/05
This writer for PFGG has learned that there was NO reason to transfer ANY generators to City Hall. ALL city services such as police, fire, and utilities have back-up power generating sources. City Hall was closed --- so why move much needed generator power to a facility that is closed? City Hall was NOT a hurricane shelter, and had no required communication link for back-up to ANY City services -- except it's own internal systems. The internal systems didn't need back-up power --- the building was CLOSED !
August 15, 2004 – At approximately 12:30am, residents at 10 homes in Tuscawilla on Superior Drive, Woodduck Drive, Little Sparrow Court, Superior Court, and Winter Springs Boulevard noticed raw sewage flooding their homes through commodes and drains. The Camarano family at 1609 Little Sparrow Court said the sewage was “gushing like a fountain.” an effected homeowner at 1608 Little Sparrow Court, after several calls to 911 and the City, was finally successful in getting help and at approximately 1:15- 1:30am, eyewitness heard the substation “click on” and the waters receded.
Ken Hutchings, an engineer with the City’s Public Works/Utility department, who responded to homeowners at Little Sparrow Court at approximately 2:30am, admitted that the City lacked enough “manpower and generators” after Charley. He also confirmed that the homes on Little Sparrow were seriously flooded with raw sewage. He obtained a portable generator for the Mize and Walters families (1607 and 1605 Little Sparrow Court) to begin removing the raw sewage.
August 16, 2004 – Jack Rutherford, an effected homeowner, went to City Hall and personally told Doug Taylor, a supervisor at the Public Works/Utility Department, about the flooding.
August 16, 2004, 6:30pm – At an Emergency Session of the City Commissioners at City Hall, Kip Lockcuff, Director of Public Works/Utility, does not make any mention of the sewer flooding. Neither does any Commissioner, the Mayor, the City Manager or any City employee present.
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.
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, of Voepel Claims Service, an insurance adjuster for the City. Chief Lallathin 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.
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 Level 1 flood with less than 1,000 gallons, but the amount of damage and the length of the flooding make this impossible.
August 23, 2004 – At the request of the City Manager, flooded residents are asked to attend the Commissioners meeting at 6:30pm. At 10pm, the residents have three minutes each to explain their situation to the Commissioners and to ask for help. The Commissioners and the Mayor appear amazed and shocked, and said that they did not know that the flooding had occurred.
Fire Chief Lallathin 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 has a blank space during Mr. Lallathin’s presentation.
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.
Other than a greeting card sent by Commissioner Sally McGinnis following the August 23, 2004 meeting in which she sent her regards and offered assistance, there is no communication from any Commissioner to any homeowner for the next 14 months.
August 26, 2004 – Eleven days after the flooding, the City hires a microbiologist to test the homes. E-coli, fecal coli, and other dangerous coliforms not normally present are found in abundance. The cleaning company temporarily condemns the Camarano home, with signs at the door warning those who enter must don protective gear. The effected homes were subject to all types of possible harmful contamination.
September 2, 2004 – The Florida League of Cities, the City’s insurance carrier, agrees to lift its cap of $200,000 per the 10 effected homes and to pay whatever damages are necessary – on a depreciated basis, not replacement value – to make the homes safe and livable.
Homeowners tell the City Manager at the September 2nd meeting that they are very concerned about the impact on the sale of their home, and on their homeowner’s insurance rating. He tells them that this is a process, and that the City has the ability to go beyond whatever the insurance company pays. He assures the homeowners that there will be an open meeting at a later date to discuss their concerns, including the concern of loss of value.
Following Hurricane Frances, homes on Moss Road in Winter Springs are flooded with sewage.
January 2005 – Jack Rutherford notices repairs to the sewer lines at Northern Way and Winter Springs Boulevard. He asks the workers what they are doing. He is told “we’re fixing the sewer so you won’t get flooded again.”
May 2, 2005 – Several homeowners submit final claims to the City Manager for devaluation of value, pain and suffering, and out-of-pocket expenses.
Other than a brief letter indicating that the claim was received, there is no response from the City Manager or anyone at City Hall for the next three months.
July 2005 – David Mize and Jack Rutherford express impatience at the City Manager and ask about the delay in scheduling a staff-level meeting to discuss the final claims.
The City Manager sends a notice that there will be a Commissioner’s meeting on August 9, 2005, and that homeowners "will have 3 minutes, perhaps 5, to explain their case". Homeowners repeatedly asked if this would be an open forum to discuss their concerns, or a formal meeting. No answer. Several of the homeowners then asked an attorney for advise, who informed them that the meeting would be an “ambush” considering that the City Manager already had an offer for the homeowners but had so far not disclosed it. On the advice of an attorney, four of the homeowners asked for and received a continuance.
The City Manager offers the effected homeowners $5,000 in “good will” in exchange for their signing of the final release. He also noted in this written offer that “though the parties are not entitled to it”, he would be willing to recommend that the Commissioners could pay the difference between the depreciated costs paid by the Florida League of Cities and the actual replacement cost.
The homeowners reject this offer, and make a counter-offer, reducing their original claim by $12,500. The City Manager tells the homeowner’s attorney that if the homeowners don’t want to settle for the $5,000, then they could “sue me.”
Attempts by the homeowners to meet one-on-one with their elected officials were rebuffed on “general advice” of the City Attorney.
November 7, 2005 – A Special Meeting of the Commissioners is scheduled for 6:30pm at City Hall to discuss the final claim. The Agenda Item for the meeting, in the part titled “Considerations” does not mention that the city employee responsible for the flooding was not properly trained, nor does it specify that the substations were pumped in an incorrect order, as the City had previously admitted.
Put yourself in the place of those people who suffered for an ERROR caused by a City employee --- untrained for what took place. Would you stand for the "ho-hum" attitude of the City Manager?
This writer sure wouldn't -- but HIS "lapdog" commission doesn't care !
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