Claim Response Galle, DarrylBARRY A. LINDAHL, E~sQ.
CORPORATION COUNSEl-, CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Darryl Galle
Mayor Terrance M. Duggan and
Members of the City Council
October 8, 2002
Claim Against the City By Darryl Galle
Date of Claim Date of Loss
09/26/02 09/03/02
Nature of Claim
Property Damage
This is a claim in which claimant states that the City of Dubuque Refuse Collection
Personnel discarded three of claimant's 15-gallon trash cans
According to the report of Paul Schultz, Solid Waste Management Supervisor, Mr. Galle is
claiming that the Solid Waste Crews disposed of 3 15-gallon containers over a period of a
year. These containers were oil drums with straight sides and no external handles, and
therefore are unacceptable as solid waste containers, according to City Ordinance. Mr.
Schultz reports that when this type of container is set out, a crew would assume that it was
being thrown away. Mr. Schultz also states that the amount of $75.00 in which Mr. Galle is
claiming for these containers is excessively high, explaining that the City Garage recycles
these types of drums as metal through a scrap dealer. However, Mr. Schultz is willing to
replace the alleged 3 drums at no charge to Mr. Galle, with the understanding that they are
not to be used for refuse or yard waste setouts.
It is therefore the recommendation of Paul Schultz to deny this claim. The Legal
Department concurs with this recommendation.
BAt. Als
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
Darryl Galle
SUITE 330, HARBOR VIEW PLACE, 300 ~'~,IN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
0¢Tr08~02 TUE 09:42
DUBUQUE PUBLIC WORKS
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FAX:568 589 4252
PAGE !
October 2, 2002
TO:
FROM:
SUBJECT:
Barry A. Lindaht, Esq., Corporation Council
Paul F. Schultz, Solid Waste Management Supervisor~
Claim of Darryl Galle
The claim and estimate is not approved as filed.
From my conversation, Mr. Galle is claiming that the solid waste crews
disposed of 3 15-gallon steel containers over a period of a year. These 15-
gallon steel containers were oil drums with straight sides and no external
handles and thus are unacceptable as solid waste containers. City ordinance
requires:that for crew safety in lifting containers used for solid waste disposal
must be manufactured for solid waste disposal.
When this type of container is set out, a crew would assume that it was
being throwq way. Our records do not show any pdor communication from Mr.
Galle over the iast year until September as to any 15-gallon drums being
disposed of against his intent. The value of such containers is excessively high
at '$75.00. City garage recycles their grease drums as metal through a scrap
dealer,
I would be willing to replace the alleged 3 drums at no charge to Mr.
Galle, I could seoure and deliver these drums from our metal scrap dumpster
over the next month. These drums would be supplied with the understanding
that they would not be used for refuse or yard waste setouts.
5e~wke P~,ople [r~egrlty Re~ponslbillty Innovation Teamwork