HomeMy WebLinkAbout174-00 RESOLUTION•
RESOLUTION NO. 174_00
I ICROFILMED
A RESOLUTION APPROVING A SETTLEMENT OF THE
SEWER BACK-UP CLAIM AT 3260 KINGS CROSS IN THE
MAXIMUM AMOUNT OF $24,124.89 AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby approves a settlement of the sewer back-up
claim at 3260 Kings Cross in the maximum amount of $24,124.89. A copy of the claim is attached
hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$24,125 increasing Sewer Self Insur, Acct. No. 5400 4410 5311 00 by decreasing Sewer Const.
Mat'ls, Acct. No. 5400 4410 5216 00. A copy of the budget adjustment is attached marked Exhibit
"B" and made a part hereof.
PASSED AND APPROVED this 19th day of December , 2000.
ATTEArattd /c
By:
Heather Woodruff, City Clerk
APPROVEDinnir
/ Ali
By: x
Fred Hanna, Mayor
NAME OF FILE: Resolution No.174-00
•
CROSS REFERENCE:
12/19/00
Resolution No. 174-00
12/12/00
Exhibit "A"(Copy of the Claim)
12/12/00
Exhibit "B" (Copy of the Budget Adjustment)
12/19/00
Staff Review Form
NOTES:
FAYETTEdILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor Hanna and the Fayetteville City Council
Thru: Don Bunn, Assistant Publicrksirector
From: David Jurgens, Water/Sewer
Date: December 13, 2000
•
EXHIBIT A
cat
Subject: Citizen Claim- 3260 Kings Cro ' (Aimee and Johnny Buffer) Follow-up Memo
This memo addresses some of the questions which arose in the City Council agenda session on
December 12.
Negotiations. The negotiations for the final amount will not be like most negotiations, so having a
cap does not automatically mean the amount will be that cap. The claimants must prove that each
item considered unsalvageable was touched by the sewer water and could not be cleaned They must
also prove that each item they had cleaned was touched by sewer water. Otherwise, the City should
not pay for the cleaning or replacement. The residents were told these rules repeatedly both the day
of the incident and in the weeks following. The City will pay for nothing that the residents discarded
that we did not see. Neither will we pay for the unnecessary cleaning (in our opinion, not theirs) of
other items. Thus, the cap gives us the ability to negotiate, and a maxunum, but in no way should it
imply that the settlement amount will indeed be that maximum. The council resolution should be
written such that we do not have to pay any given amount, and that we have the fallback position of
tort immunity wkuch leaves us with absolutely no financial responsibility for any of the claim.
Maximum Reimbursement Amount. I arrived at the maximum amount by adding the three figures
shown below:
m
Complete Restoration Invoice (part 1) $ 11,445.17 X
Complete Restoration Estunate (part 2) 3,37L72
Validated provert-v damage 9308.00
$ 24,124.89 �..
DJ\1CLAIMS\King3260-2. W PD
RECEIVED
DEC 1 4 2000
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
•
FAYETTEIPILLE
THE CITY OF FAYEITEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Mayor Hanna and the Fayetteville City Council
Thru: Don Bunn, Assistant Public ksf I irector
From: David Jurgens, Water/Sewer
Date: December 13, 2000
Subject: Citizen Claim- 3260 Kings Cro (Aimee and Johnny Buffer) Follow-up Memo
This memo addresses some of the questions which arose in the City Council agenda session on
December 12.
Negotiations. The negotiations for the final amount will not be like most negotiations, so having a
cap does not automatically mean the amount will be that cap. The claimants must prove that each
item considered unsalvageable was touched by the sewer water and could not be cleaned. They must
also prove that each item they had cleaned was touched by sewer water. Otherwise, the City should
not pay for the cleaning or replacement The residents were told these rules repeatedly both the day
of the incident and in the weeks following. The City will pay for nothing that the residents discarded
that we did not see Neither will we pay for the unnecessary cleaning (in our opinion, not theirs) of
other items. Thus, the cap gives us the ability to negotiate, and a maxunum, but in no way should it
imply that the settlement amount will indeed be that maximum. The council resolution should be
written such that we do not have to pay any given amount, and that we have the fallback position of
tort immunity which leaves us with absolutely no financial responsibility for any of the claim.
Maximum Reimbursement Amount. I amved at the maximum amount by adding the three figures
shown below:
Complete Restoration Invoice (part 1)
Complete Restoration Estimate (part 2)
Validated property damage
Dl\\CLAQASting3260-2. WPD
$ 11,445.17
3,371.72
9,308.00
$ 24,124.89
•
•
FAYETTEdILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
• EXHIBIT A
To: Don Bunn, Assistant Public ks 1 'rector
From: David Jurgens, Water/Sewer
Date: December 12, 2000
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
General The claim for reimbursement of damages is partially valid. There was a sewer backup into
Aimee and Johnny Buffer's home (which they were leasing) which they discovered on 4 July 2000.
They and their two or three young sons had been on vacation; the sewer water may have backed up
for up to four days. The water reached a maximum depth of 2". You could see some lines on
baseboards, but the depth never exceeded the height of a baseboard. The baseboards in the
photographs attached to the claim do not show a water mark above the carpet, although there were
some locations where there was a water mark. The water covered roughly 75% of the floor in the
home. All carpeting and pads were wet due to wicking action. Most clothing items on the floor were
damp, and some were soaked m the sewer water. Hard items on the floor (bowling balls, plungers,
etc.) would be easy to clean. Items not in contact with the water would not have been damaged.
Sewer Blockage. The blockage was in the 6" clay sewer maim, caused by two places where the pipe
was misaligned. We had washed the main less than three weeks before, and had no reason to expect
that a backup might occur. We televised the main the next day, and repaired the bad spots the next
week.
Claim Amount. The Buffer's reaction to this backup is unique in my experience. They seem to
beheve that almost everything within the home was contaminated. This behef is reflected in the claim,
as it includes $43,154.00 of personal property they claim was not salvageable. They also claim
$11,445.17 from Complete Restoration, Inc., for restoration costs for the remaining salvageable
items. This does not include any costs of cleaning the home or replacing carpets, flooring, etc. Most
of the items m the claim were never touched by the water. Their claim total is $54,599.17. There is
an additional portion of the Complete Restoration estimate for $$3,371 72 which appears to have
been left out of the claimed amount. The Buffers elected to move out of the home. They also stated R{
to me that the City should pay for their movers and all moving expenses. As a note, their claim
includes a total of $8,045 for shoes alone. Fifty-eight pair of these shoes were for their children, with
a stated value of $1,640.00.
City Obligations. This claim is, m my opinion, unreasonable. The City has no legal obligation to ID
pay anything, but has always tried to follow the "do nght" rule m being fair to the residents. This —+
clams, however, far exceeds anything we have ever seen before, although the backup was by no means
the most severe we had ever se. For a historical perspective, the highclaim to date was for
$21,871.39 in 1999, and that mcluded both personal property, cleanup, and temporary lodging for
the residents for two weeks. The personal property amount was only $4,717.24, and included a
laptop computer. The balance was for cleaning and carpet and home repairs.
City Policy. Our policy has been to pay depreciated costs for items which we deem unsalvageable
(such as clothing immersed in the sewer). We also pay a smaller amount for damage to items which
can still be used (fiuniture with some warping at the bottom). We do not pay for choice items
(moving, cleaning of items which were not touched by the sewer water, food in the refrigerator, etc.).
By ordinance, we will pay no more than $2,500 total for any sewer backup.
Itemized Reimbursement. I did not use the Buffer's itemized list of items, as Water/Sewer
employees removed those items that were wet and which we deemed to be valid for the claim. We
do not have substantiation for the other items on the list, and feel they are unreasonable.
They are listed below:
Item
Shirts (t -shirts to dress shirts)
Coats
Skirts/Shorts
Pants
Shoes (pair)
Underwear
King Sized Box Springs
Coveralls
Misc Items *
Total
Ouantity
172
24
23
56
26
10
1
1
N/A
Average
Cost
$ 20.00
25.00
20 00
30.00
40 00
10 00
400.00
40.00
N/A
Extended
Cost
$ 3,440.00
600.00
460.00
1,680.00
1,040.00
100.00
400.00
40.00
1,548.00
$9,308 00
* Miscellaneous items include pillows, sheets, table cloths, a throw rug, a Pokeman
Gameboy, a glue gun, a dust rag, a comforter with sham, rolls of toilet paper, a beach towel, and
other, similar items.
** This includes associated expenses that were not itemized in the claim
Additionally, I concur that some, but not all, items which were removed for disinfection needed the
same The estimate for that work was $11,445.17. Most of this work has already been completed
by Complete Restoration, Inc. There is an additional portion of the Complete Restoration estimate
for $$3,371.72 which appears to have been left out ofthe claimed amount. I believe this latter portion
is an estimate, and the $11,445.17 is for completed work.
This claim has been very difficult to process, due to the lack of detailed information (they did not
include itemized prices and/or unit quantities, etc. for many oftheir claimed items) and the intermixing
of actual and supposed damage.
The home is owned by Cheryl and Gene Long as a rental unit. They had insurance which covered
the sewer backup, but certainly had to pay a deductible. We have not received any claim from them
at this time. Thus, there may be another valid submission on this claim
Final Resolution. The Buffer/live not been very open to negotiation. Illy y did not fill out a claim
form, include unit pnces and item quantities in their claim, and sent the claim through an attorney
rather than to us. Thus, I feel that the final claim will be based on attorney to attorney negotiations
rather than via me dealing with the owners This represents the first claim in seven years that I have
not been able to successfully negotiate myself. Rather than be guided by the initial claim amount, we
should do what is fair and consistent with other claimants.
Recommendation. To expedite handling this claim, I recommend we have the City Council pass a
resolution approving handling this claim in the maximum amount of $24,124.89, and approve a
budget adjustment to transfer funds from the sewer construction matenals account (5400-4410-
5216.00) to the sewer self insurance account (5400-4410-5311.00). I further recommend that the City
Attorney's office schedule a meeting with the Buffer's attorney after the City Council passes their
resolution, to determine the final amount of the claim.
DJ\ICLAIMS\ICmg3260. WPD
NORTHWEST ARKANSAS
TORN R. ELROD'
GREG S. SCHARLAU'
RUTH ANN WISENER'
TERRI DILL CHADICK'
VICKI BRONSON'
CHARLES E SCHARL AU.
OF COUNSEL
D. RANDY LANEY.
OF COUNSEL'
TULSA
JOHN E BARRY
HENRY G. WILL
JOSEPH J. MCCAIN. IR.
LYNNWOOD 0. MOORE IR.
ROBERT A. CURRY
STEVEN W. MCGRATH
D. RICHARD FUNK
RANDOIPH L. JONES. IR.
J. RONALD PETRIKIN
LARRY B. LIPS'
• •
CONNER & WINTERS, P.L.L.C.
JAMES E. GREEN. JR.
MARTIN 0. WING
JOHN W. INGRAHAM
ANDREW R. TURNER
DOUGLAS M. RATHER'
GENERA ABBEY SOREM
R. KEVIN REDWINE
TONY W. HAYNIE
BRUCE W. FREEMAN
DAVID 0. CORDELL
JOHN N. HOVE
C. RAYMOND PATTON 1R
PAUL E. BRADEN
ROBERT I. MELOAARD
P. SCOTT HATHAWAY
JOHN A. BUGG
LAWRENCE A. HALL
TIMOTHY T. TRUMP
MARK E DREYER
NANCY E. VAUGHN
GREGORY D. RENBERG
MARK D. BERMAN
KATHERINE G. COYLE
VLA HAND DELIVERY
Jerry Rose, Esq.
Fayetteville City Attorney
City Administration Building
Fayetteville, AR 72701
Dear Jerry:
AFFILIATED WITH CONNER & WINTERS
A PROFESSIONAL CORPORATION IN OKLAHOMA
LAWYERS
SUITE 200
100 WEST CENTER STREET
FAYET7EVI LLE. ARKANSAS 727014081
(501) 582-5711
FAX (501) 587-1426
WRITER'S E-MAIL ADDRESS
Ichedick@cwlew.mm
October 11, 2000
Re: Buffer sewer matter
ANNE B. SUOLEI T
REBECCA S. WOODWARD
BEVERLY K. SMITH
MELODIE FREEMAN-BURNEY
JACALYN W. PETER
ROBERT D. JAMES'
DAVID H. REMOLD
ELIZABETH K. GIDDENS
JONATHAN M. CTNOCCA
JASON S. TAYLOR
JACQUELINE L. BLOCKER
OF COUNSEL
CHARLES C. KILLIN
JAMES R. RYAN
RUSSELL H. HARBAUGH IR.
DAVID 0. CORDED.
OF COUNSEL EMERITUS
ROBERT L. MCGOWEN
JOHN S. ATHENS
OKLAHOMA CITY
PETER B. BRADFORD
RAYMOND E. TOMPKINS
IRWIN H. STEINHORN
JOHN W. FUNK
KIRAN A. PHANSALKAR
TIMOTHY J. BOI.WOFF
MITCHELL D BLACKBURN
P. BLAKE ALLEN
MARX H. BENNETT
L. DON SMITHFAMAN
LAURA L. McCASLAND
CECILY H. MURRAY
KIMBERLY 0. MARCHANT
BENJAMIN C. CONNER
De79-1961)
JOHN M. WINTERS. IR.
(1901.19]9)
• Admitted in AAueu
OCT cip
C/Iy477 137000
OFp/CF
As we recently discussed, I represent Aimee and Johnny Buffer and their three children. The
Buffers were lessors of a house located at 3260 Kings Cross in Fayetteville. The owners of the
property are Cheryl Gorton Long and Gene Long In July of this year, the sewer backed up into that
house and destroyed most all of the Buffer family's personal possessions. I have attached pictures
showing the damage.
I spoke with Paul Mitchell, Public Work Operations Assistant for the City and he opined that
the problem was caused by the City's line, not the homeowner's line. Please have the Water and
Sewer Department look into this matter and let me know as soon as possible if the City is willing
to compensate the Buffers for their losses.
The personal items believed to be salvageable were taken to Complete Restoration, Inc. That
company has estimated that it will cost $11,445.17 to restore those items. I have attached a copy of
Complete Restoration's written estimate. In addition, much of the Buffers' possessions were not
salvageable I have attached a list of those items with an estimated total cost of $43,154.00.
October 5, 2000
Page 2
The Buffers are hereby making a claim for compensation ofthe $54,599.17 in losses incurred
by the Buffer family. Please let me know the City's position on this matter as soon as possible. If
you need anything further, please let me know.
Also, as we discussed please request that this matter be placed on the City Council's agenda
as soon as possible after the City has had time to investigate the matter. It would be great if this
could be on the October 17, 2000 agenda, but the November 7, 2000 agenda may be more realistic.
My clients would be available for either meeting.
I look forward to working with you.
Sincerely,
4erriI
Dill Chadick
Enclosures
•
•
BUFFER ITEMS THAT WERE NOT SALVAGEABLE
G:\Tcha\Butre+, Aimee\chaf.wpd
ITEM
COST
Armoir
$500.00
King Size Bed
$1,200.00
Linens
$1,000.00
Fish Tank with Fish
$300.00
Computer Desk
$200.00
Lazy Boy Recliner
$375.00
Glassware
$100.00
Dinnerware
$85.00
Pyrex Pots and Paris
$200.00
Mixing Bowls and Mixer
$75.00
Coffee Pot
$30.00
Two Week Supply of Food
$300.00
Other Pantry Items, Including Spices
$120.00
Toaster
$15.00
Towels
$300.00
Plants
$200.00
Pottery Inc. Flowers
$125.00
Custom Designed Urn with Arrangement
$300.00
Silverware
$125.00
Prescription Medication and Other Medication
$1,000.00
Iron
$15.00
Tablecloths (at $40.00 each)
$80.00
Candles/Candle Holders (at $16.00 each)
$320.00
Portable Stereo System
$100.00
Bowling Ball
$20.00
G:\Tcha\Butre+, Aimee\chaf.wpd
•
•
G:\Tche\Buffer, Aimeekhen.wpd
-2-
ITEM
COST
Duffle Bags (at $20 each)
$60.00
Boys Clothes:
Jeans (at $50 each)
$200.00
Dress Pants (at $20 each)
$300.00
Shirts (range in prices)
$450.00
Sweaters (at $30 each)
$1,200.00
Shorts (at $17 each)
$425.00
Hats (at $30 each)
$90.00
Shoes (at $60 each)
$840.00
Shoes (at $18 each)
$800.00
Underwear/Socks ($25/child)
$75.00
Mens Clothes:
Shirts
$2,800.00
Slacks (at $36 each)
$432.00
Sports Coats (at $200 each)
$1,200.00
Suits (at $300 each)
$1,800.00
Socks
$100.00
Boxers (at $10 each)
$300.00
Jeans (at $36 each)
$216.00
Shoes
$3,000.00
Shorts
$500.00
Womens Clothes:
Sweaters/sweatshirts
$1,200.00
Scarves
$126.00
Bathing Suits
$195.00
Lingerie
$600.00
Leather Jackets (at $450 each)
$900.00
Coats
$200.00
Nursing shoes
$65.00
Scrub Tops/Lab Coats (at $20 each)
$520.00
Scrub Pants (at $16 each)
$160.00
G:\Tche\Buffer, Aimeekhen.wpd
-2-
•
•
ITEM
COST
Slacks
$2,500.00
Suits (at $300 each)
$7,500.00
Dresses (at $45 each)
$315.00
Summer suits/shorts outfits (at $90 each)
$4,500.00
Shoes
$2,500.00
TOTAL
$43,154.00
G:\Tcha\Buffer, Aimee \chart.wpd
-3-
Campine Restoration Inc.
3919 l:lm Springs Road •
P.O. Box i62 •
Springdale. AR72764
300-2424414 or501-766-5383
Fax(501)751-6401 ' Tax. TD 71-0710369
Room: Paek & move contents
DESCRIPTION
BUF0704000N
QN'TY TJlirr COST TOTAL
Provide box for fragile items bubble wrap. tape & labels 90.00 E rie 4.90= 441.00
Suptavisory dnd administrative labor - par hour 12.00 HRaf 39.64= 475.03
Labor forpacic-ant - per hour - 24.00 HR@ -7911= 703.44
Labor to load contents - per hour 24.00 RR`u,• 52.76= 786.24
Large rnovin van & equipment - per day 1.50 DAa 187.64= 281.46
Room: Persanai Property
DESCRTPT110N
QNTY UtfiT COST TOTAL
I
Clean box co; tents• 1.5 cubic ft.- Unoaci:, clean. re -pack
✓Clean box contents -3.2 cubic t- Unpack, clean. re -pack
;/Clean box contents - 6.1 cubic ft. - Unpack. clean. repack
;/Clean toy chst - Razorback
/Clean hutch. Diningroom
1/C1ean buffet T large
kc lean.
washed- interior and exterior
' i Clean dryer -• interior and exterior
1/Clean table - dining
"ratan chair - Pining
Clean blue plastic locker
;Clean televison• Sonyo portable
Clean televisbn - Magnavox
1 Clean televispn - Orion
Clean microtjave - exterior • Sharp
Clean refrigeljaor - inmrior and exteriors
Clean & dem&L rug - braided and looked - of site
Cleat & deodorize mattress or box spring - full
Clear & deciorize mattress or box spring - twin
/Clean bed frame complete
vClean headb1ard - double bed
BUF0704000N
55.00 EAR.
6.00EAa
21.00 EM.51
1.00 EA@
1.00 EAt&
1.00 EA1
1.00 EA@
1.00 E.)1@
1.00 EA@
6.00 Eke)
1.00 EA!m.
1.00 E4@
1.00 SAO.
1.00 E4fd1
IRO EArru.
1.00 EA(ds
35.00 SF@
2.00 EAfi4
2.00 EA@
2.00 Ear
1.00 EA@.
23.49=
32.48=
45.97-
4.66=
11.18-
20.69=
42,34=
39.72=
13.79=
10.3:.=
11.99=
5,73=
5.73=
5.73=
4.59
22.98--
1.00=
34.48=
'"G 11=
7.63=
9.20=
1,351.85
194.83
965.37
4.56
11.18
20.69
42.54
39.72
13.79
61.92
11.99
5.73
5.73
5.73
4.59
22.98
5.00
68.96
t0 54
15.30
920
07/20/2000 Page: 2
Complete Restoration Inc.
3919 Elm Sprins Roaa
P O. Box 162
arinudate. AR 72764 1
300-242-4414 ar 501-766-5383
Fa(50!) 751-6401 • 1Iax 1D 71-0710369
•
DESCRIPTION
CONTINUED - Personal Property
QNTY
U`?T T COST.
TOTAL
Clean headboard - twin size
Clean table - Itaasional - Make-up table
Clean entena'nmenr unit
Clean chest of drawers
Clean dressed
Clean & deodorize chair - large - W ingback
Clean & deodorize sofa
Clean & deodorize office chair
Clean stainless steel towel rack
Clean plant- ilarge
Clean file ca}linet - two drawer - Includes paper work
Clean shelf - 1oat shelf
Clean night stand
Clean black S decker floor duster
Clean diver clash cart
Process dry cleaning
NOTE: THE FOLLOWING IS AN ESTIMATE FOR DRYCLE A NTNG
Electronic cleaning & restoration - per 4tur
NOTE: ANYISERVICE REPAIR WILL' SE EXTRA.
Pieatres - retar & re -back
1.00 EA(&1
L00 EA@
6.00 LFtrk
!.00 EA(2I
1.00 E C
1.00 EA@
6.00 EMI
1.00 E. -t z
1.00 EA(..
LOO EA671.
1.00 EAIa?
LOO EA@
1.00 EA(ii
1.00 EA;ot
1.00 EA!&
00 Etc
OF CLOMES.
3.00 LAc
3.00 EA@
1
6.90=
5.73=
2.38=
3.62=
23.355=
411
11:5=
1839=
6.44-
10.33-
920=
12.4,-
6.90=
920=
6.90=
1,723.41=
2098-
25.94=
6.90
5.73
17.28
S.62
28.15
40.22
66.90
18.39
6.44
10.33
9.20
12.44
6.90
9.20
6.90
1,7228.4!
167.84
77.82_
{
Room: Refinish furniture
DESCRIPTION
QNTY WII1T COST
TOTAL
Refinihch I 'sofa - legs only
Refinish ent4iaimnent cabinet - lower unit
Refinish dresser with mirror - touch bottom only
Refinish nigtil stand - bottom only
Refinish headboard - full - touch up Doli
BUF0704OCbN
1.00 EAr4
1.00 EA(n^.
1.00 EA@
1.00 EA(r
1.00 E4ru,
225.00=
55.13=
165.40-
35.51=
64.94=
215..00
35.13
16540
3531
64.94
07202000 Page: 3
Complete Restoration Inc.
•
3919 Elm Snipes Road
P.O. Box 162
Springdale. AR722764I
800-2424414 or 501-7156-5383
Fex(501) 751-6401 ' Tax TO 71-0710869
DESCRIPTION
CONTINUED - Refinish furniture
QNTY
U1iT COST
TOTAL
Refinish headboard - single - touch up only
1.00 EA(m.
54.94--;
54.94
Room:M9ve & reset content
D£SCRIPTODN
QNTY
UNIT COST
TOTAL
Supervisory and administrative labor - per hour
; Labor to load contents • pet hour
Large movin! van &t equipment • per day
12.00 HR.@
24 00 HRiiu
1.00 DAi4'
39.64=
32.76=
137.64=
475.68
736.24
187.64
'Grand,
Total yeas:
0.001 SF Wails
0.001 SF Floor
0.001 SF Long Wall
BUF0704000N
0.00 SF Ctilin$
0.00 SY Flooring
0.00 SF Short Wall
0.00
0.00
0 00
SF Walls & Ceiling
LF Floor Perimeter
1F Ceil. Perimeter
07/20/2000 Page: 4
•
Complete Restoration Inc.
3919 E:m Sprit= Road •
P O. Sox 162
Springdale, AR 72 764
800.2424414 or501-756-5383
Fax(501) 75I-6401 "'Tax 1D 71.0710869
Total I le Items
Overhead
Profs[
Taxable Mems
I
Grand iota'
8UF070400011
Summary for Sewer Damage
10.00%
10.00%
6.625%
2.59.13
1?59.13
8.078.99
Gene Korismeier
Ce.tlftei Restorer
•
10.438.:2
235.91
235.91
5=5.?3
11,445.17
O7120/2000 :_e: 5
Complete Restorationit.
3919 Lin Senna Rona
P.O. Box 162
Springdale. AR 72764 i
800-242-4414 or 501.756.5383
Fax(501) 751-6101 " Tax TD 11.0710869
Room: Refinish furniture
DESCRIPTION
Refinish diming chair
Refinish tab4 - Diainsroam
Refinish chit cabinet
Refinish Buffet
Refinish dresber with mirror
BUF07040REF
QNTY UNIT COST TOTAL
6.00 EA@u+
1.00 EA@
1.00 EA(i
1.00 EA@
1.00 SAM:
98.00= 588.00
550.00= 550.00
150.00= 550.00
556.36= 55636
_`65.40— 565.40
Grand Total areas:
0.001 SF Walls
0.001 SF Floor
O.0Gj SF Long Wail
BUF07040REF
0.00 SF Ceiling
0.00 SY Flooring
0.00 SF Short Wall
0.00 SF Walls d: Ceiling
0.00 V Floor Perimeter
0.00 LF Ceil. Perimcer
07/20000 Page: 2
Complexe Restoration iga
3919 Elm Springs Road
P.O. Box 162
Springdale, AR 127641
800-242-4414 or.501-756-5383
Fax(501)751-6411 - Tax ID 71-0710869
Toad Line items
Overhead
Profit
Grand Total
UF07040REF
Summary for Sewer Damage
10.00°i
10.00%
2,309.76
2.309.76
2,309.76
280.98
2E0.98
3371.^
Gene Kordsmcier
Cm -titled Restorer
•
07/20/2000 Page: 3
TOTPL P.09
A�.lt Complete Restoration Inc.
• I
3919 Elm S rinss Road •
P.O. Box 162 !
Sonngdale, AR 727641
80-242-4414 or 501-7.56-3383
Fax(501)7514401 • Tax 11D 71-0710669
Orient Johnny Buffer Home: (501)251.7494
Home: 3260 Kings Cross
Fayetteville, AR 72701
Operator: Gn
Estimator. Gene Kordsmeier
trifle: Certified Restorer
Type ofEsn, are: Sewer Damage
Das Emered: 7/202000 Dare Assigned: 7/4.2000
Price Use F.4YF,TiF.V99
Estimate: BUF07040RE=
File Ncber. BUF07040
Business: (50 ) 756.5383
•
FAYETTEaILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Don Bunn, Assistant Public
From: David Jurgens, Water/Sewer
Date: December 12, 2000
'rector
Subject: Citizen Claim- 3260 Kings Cross (Aimee and Johnny Buffer)
GeneraL The claim for reimbursement of damages is partially valid. There was a sewer backup into
Aimee and Johnny Buffer's home (which they were leasing) which they discovered on 4 July 2000.
They and their two or three young sons had been on vacation; the sewer water may have backed up
for up to four days. The water reached a maximum depth of 2". You could see some lines on
baseboards, but the depth never exceeded the height of a baseboard. The baseboards in the
photographs attached to the claim do not show a water mark above the carpet, although there were
some locations where there was a water mark. The water covered roughly 75% of the floor in the
home. All carpeting and pads were wet due to wicking action. Most clothing items on the floor were
damp, and some were soaked in the sewer water. Hard items on the floor (bowling balls, plungers,
etc.) would be easy to clean. Items not in contact with the water would not have been damaged.
Sewer Blockage. The blockage was in the 6" clay sewer main, caused by two places where the pipe
was nusaligned. We had washed the main less than three weeks before, and had no reason to expect
that a backup might occur. We televised the main the next day, and repaired the bad spots the next
week.
Claim Amount. The Buffer's reaction to this backup is unique in my experience. They seem to
beheve that almost everything within the home was contaminated. This belief is reflected in the claim,
as it includes $43,154.00 of personal property they claim was not salvageable They also claim
$11,445.17 from Complete Restoration, Inc., for restoration costs for the remaining salvageable
items. This does not include any costs of cleaning the home or replacing carpets, flooring, etc. Most
of the items in the claim were never touched by the water. Their claim total is $54,599.17. There is
an additional portion of the Complete Restoration estimate for $$3,371.72 which appears to have
been left out of the claimed amount. The Buffers elected to move out of the home. They also stated
to me that the City should pay for their movers and all moving expenses. As a note, their claim
includes a total of $8,045 for shoes alone. Fifty-eight pair of these shoes were for their children, with
a stated value of $1,640.00.
City Obligations. This claim is, m my opinion, unreasonable. The City has no legal obligation to
pay anything, but has always tned to follow the "do nght" rule m being fair to the residents. This
claim, however, far exceeds anything we have ever seen before, although the backup was by no means