#7 Liability claim from Lloyd Smith
ADMINISTRATIVE SERVICES MEMORANDUM
August 19, 2009
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Manager
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
Lloyd M. Smith, D.D.S., S.C. in the Amount of $12,851.95
On July 6, 2009, a sewer back-up occurred at the office of Lloyd M. Smith, D.D.S
located at 1111 Suffolk Drive. The building, owned by Dr. Smith, sustained
significant damage to the basement level.
On July 13, 2009, a claim was received from Dr. Smith for property damage to
his building. The repairs have been completed and he is seeking reimbursement
for the actual repair costs in the amount of $12,851.95 (attached).
After investigating this accident, and with the concurrence of the City Attorney, it
has been determined that the City should deny this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council deny by consent and authorize the
Administration to deny the claim received from Lloyd M. Smith D.D.S., S.C. in
the amount of $12,851.95.
cc: Eric Levitt, City Manager