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ASHLAND CITY COUNCIL Victims of Ashland sewage spill make their case Family and supports plea to council for full compensation Comment By Julie Akins for the Mail Tribune MailTribune.com By Julie Akins for the Mail Tribune Posted Feb. 19, 2016 at 1:58 PM Updated Feb 19, 2016 at 2:32 PM By Julie Akins for the Mail Tribune Posted Feb. 19, 2016 at 1:58 PM Updated Feb 19, 2016 at 2:32 PM » Social News “I don’t live in the house I grew up in," high school senior Ethan Elmore told Ashland City Councilors in a packed Council Chamber Tuesday. "My home has been drastically affected, but so has my education. Schools once at the top of my list are no longer an option financially. The future I worked so hard to cultivate is in jeopardy.” His pleas and those of other family members and supporters came during public comment for items not on the council agenda. Elmore was pleading with the city to pay to restore his family home, which was largely destroyed after, it's thought, a brick fell into the city’s sewer line and backed up thousands of gallons of sewage into the family's downstairs bathroom, filling the Morton Street home with sewage for several hours. The house had to be stripped down to the joists due to the bio hazard and the family has not been able to live there since it happened in October. The city of Ashland had crews working nearby and has made some payments to the family, but the family says it only goes half way to restoring the home. “My clients aren’t asking for charity," said Darrel Jarvis, the family’s attorney. "There’s going to be a shortfall. We’re asking to bridge that gap.” The city has offered the family $224,000, but the family says estimates bring the bill closer to $450,000, including nearly $100,000 in biohazard remediation, according to homeowner Caroline Shaffer. Shaffer says the loss of possessions and keepsake heirlooms, the fact her 80-year-old mother who lived with them had to move and the inconvenience of her oldest son having to live with friends because their rental is not large enough to house her whole family can never be made right. She told the council through tears, “Letting go of our family home, we have had to let go of the place on the door jambs where we measured our kids as they grew. We let go of our trust in the city I have called home for more than 20 years. We have let go of the expectation that the city would answer our questions and contact us. A helping hand, a warm face, a reassurance that things would be all right and acknowledgment of responsibility.” City attorney Dave Lohman said the mayor asked him to read a statement explaining the city’s position and why it can only offer $224,000. “Because of the Oregon Tort Claims Act," Lohman said, "no insurer will provide coverage beyond that amount. Because of the Act, the city of Ashland cannot reimburse beyond that cap of liability.” The act limits cities' liability to $112,000 per claimant, he said. As to why the council has not been able to comment, Lohman said, “The attorney always advises their client not to speak. They may not know all the facts of the situation.” Insurers, he said, require the city to stay out of the claims process. Lohman, looking at the family gathered in the chamber, said, “As to the particular instances of the horrific back up into their home, their feelings are obviously heart-felt and understandable." He summarized by reiterating, “The city made the maximum amount allowable under the Tort Claims Act.” Lohman also said the exact timeline of events is not clear. According to him, the spill was discovered at 4:30 p.m., the city learned of it at 6:18 p.m., the flow was stopped by 7:40 p.m. and the city advised Shaffer the next day how to submit a claim, and the city's insurance company contacted Shaffer that same day. An initial payment by the city was made within the week. A few dozen supporters of the family who came to hear if the council would reconsider left the chamber at the close of public comment, but one man remained, Tim Wohlforth, who stood and shouted at the council, “I think it was disgraceful. The council has the power, it can do whatever it wishes if it wants in terms of financial matters!” Mayor John Stromberg told him, “You’re out of order, you’ll have to leave.” To which Wohlforth yelled, “this city is out of order” before walking out, clearly shaken, with tears in his eyes. When asked what steps are next, the family’s attorney says he has not received a formal response from the city, so he is waiting for that and hoping they can find a way to handle the family’s concerns without harming the city. He contends Ashland has options to “make the family whole” through other means not associated with the Tort Claims Act and he intends to continue trying to get full payment for his clients. Email Ashland freelance writer Julie Akins at [email protected] and follow her on Twitter at twitter.com/ @julieakins. By Julie Akins for the Mail Tribune MailTribune.com By Julie Akins for the Mail Tribune Posted Feb. 19, 2016 at 1:58 PM Updated Feb 19, 2016 at 2:32 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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