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Claim Response, Ferring, StevenNov.27, 2002 10:58AM BARRY A LINDAHL, ESQ No,9242 P. ]/2 BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL, CITY OF DUgUQUE MEMO To: DATE: RE: Claimant Stsven Ferring Mayor Terrance M. Duggan and Members of the City Council November 27, 2002 Claim Against the City By Steven Ferring Date of Claim Date of Loss 11/1.8/02 11/01/02 Nature of Claim Property Damage This is a claim in which claimant states that two of his garbage cans filled with grass clippings were damaged by City of Dubuque Refuse Crew during collection. According to the report of Paul Schultz, Solid Waste Management Supervisor, the claimant's refuse containers were damaged dudng normal crew handling. Crew indicated that there was frozen yard waste materials stuck to the bottom of the containers and did not come loose on the first shake. Mr. Schultz states that normal procedure for this situation was followed, which is to bump the edge of the container on the truck hopper sill to dislodge the frozen materials. Because the customer's container was made of a less expensive, hard plastic, the container was damaged during this procedure. Mr. Schul~z will ask the claimant to purchase suitable containers that are sturdy enough for the heavy-duty application of solid waste handling, especially dudng the colder weather, and recommends payment of this claim for the amount of $25.76. The Legal Department concurs with this recommendation. BAIJtls Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Paul Schultz, Solid Waste Management Supervisor Steven Ferring SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6'944 Tm. Er=NONE (563) 583-4113 / F~((563) 583-10401 ErCA~L I~AL£$Q~MWCI,NET Nov.27, 2002 10:58AM BARRY A LINDAHL, ESQ No,9242 P, 2/2 November 25, 2002 TO: FROM: SUBJECT: Barry A. Lindahl, Esq., Corporation Council Paul F. Schultz, Solid Waste Management Superviso~,~ Claim of Steven M. Farting The claim and estimate is approved as filed. From my conversation with the refuse crev,~, the referenced ref-~e containers were damaged in normal crew handling. The crew indicated that the yard waste materials in the bosom ~ the containem ware ,q'ozen or stuck and did [3ot come out on the first shake. The normal procedure in this situation is for the crewmember to bump the edge ~ the container on the truck hopper sill to dislodge the stuck / frozen materials. E,xcessive force is not required to crack a sc!id waste container that is not suitable for the heavy-duty application of solid waste handling. The customer indicated that the temperature was in the teens to twenties. The customer's container wes made of a less expensive, hard plastic and of a brand that has proven to be unsuitable for normal solid waste handling in our climate. City ordinance Section 40-18 (b) requires that containers used for solid waste disposal must be "suitable', "sturdy' and must be "plastic containers vahich de not become brittle in COld v~ther% I would approve the claim for he $25.70 if the customer would purchase and use suitable containers that are sturdy enough for the heavy-duty application of solid waste handling espec~atty 'n colder weather.