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.