CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, February 11, 2008
City Commission Chambers
1. Sewer Back Up Claim from 1041 Albert. FlNANCE
2. Little River Casino Presentation. CITY MANAGER
3. Municipal Service Agreement with Lac Vieux Desert Band of Lake Superior
Chippewa Indians. CITY MANAGER
4. Closed Session to Discuss Attorney-Client Privilege.
5. Any Other Business.
City of Muskegon
City Commission Worksession
February 11, 2008
City Commission Chambers
Present: Commissioners Warmington, Wisneski, Gawron, Shepherd, Spataro, Wierengo, and
Sewer Back-Up Claim for 1041 Albert - Finance
Motion by Commissioner Carter, seconded by Commissioner Wisneski to approve the
sewer back-up claim for 1041 Albert as presented.
Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro.
Little River Casino Presentation - City Manager
Glenn Zaring, Director Office of Public Affairs, introduced members of the Little River Band of
Mr. Larry Romanelli, Ogema to the Little River Band of Ottawa Indians, introduced himself and
thanked the City for giving him the opportunity to make a presentation.
A short video of the Little River Casino in Manistee was played followed by a power point
presentation presented by Robert Memberto, Director of Commerce, Little River Band of Ottawa
Commissioners and the audience made several inquiries.
Closed Session to Discuss Attorney-Client Privilege
Motion by Commissioner Carter, seconded by Commissioner Shepherd to go into closed
session to discuss attorney client privilege.
Ayes: Wierengo, Wisneski, Carter, Gawrnn, Shepherd, Spataro, and Warmington.
Motion by Commissioner Spataro, seconded by Commissioner Wisneski to come out of
closed session at 7:55 p.m.
ANY OTHER BUSINESS
Public cmmnents were received.
Motion by Commissioner Wisneski, seconded by Commissioner Shepherd to adjourn at
\,¾,~\~\~\J'v~~:i~ j_f ~
Ann Marie Becker, MMC
To: City Commission
From: Assistant Finance Director _J).V
cc, City Manager, Finance Director, Director of Public Works
Re: Sewer Back Up Claim from 1041 Albert
On July 20, 2007 Ms Marilyn Harris the homeowners at 1041 Albert filed a liability claim against the City
of Muskegon for damages and costs associated with a sewer back up. An independent adjustor was
hired by the MMRMA to inspect the property and work with the homeowner to negotiate a settlement.
The negotiated settlement is for $17,973. The MMRMA recommends that the City settle for this
amount. The claim will be paid from the City of Muskegon's retention fund at MMRMA This settlement
must be approved by the City Commission because of the dollar amount.
Staff recommends approval and asks that action be taken at the Worksession.
Attached you will find a memo from Mr. Frank Hughes of MMRMA further explaining the settlement.
January 28, 2008
Ms. Beth Lewis
City of Muskegon
PO Box 536
· Muskegon, Ml 49443
Re: Claimant Marilyn Harris
Date of Loss: 07/19/07
Claim No.: 2008-111-2 GPDS (135555)
Dear Ms. Lewis:
We have completed our investigation of the referenced sewer backup claim. The
affected property was inspected by an independent adjuster hired by the MMRMA.
Estimate comparisons between the independent adjuster and the claimant's contractor
were made. Applicable depreciation on contents was taken and a breakdown of the
clean-up costs were secured along with contents inventory and photographs.
Confirmation of no other available insurance on the. home was also made.
Our recommendations for payment are as follows:
Building damage 5016.00
Very truiy yours,
MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY
Senior Claims Adjsuter JAN 31 20GfJ
FRH/ms Cl1Y OF MUSKEGON FINANCE
14001 Merriman• Livonia, Ml 48154
CLAIMS (734) 513-0300 • FAX (734) 513-0318 • www.mmrma.org
Feb 05 08 03:46p FGS
Filzer Gruttadaurio Strickland LLP
An Ohio Limited Liability Partc,ership
Paul N. Fitzer 34950 Chardon Road, Suite I J0
(admitted in Ml, PA, DC) Willoughby Hills, Ohio 44094
John J. Gruttadaurio (2 [6) 744-[350
Joshua/. Strickland (440) 942-3870 (Fa,)
February 5, 2008
John C. Schrier, Esq.
60 I Terrace Street
Muskegon, Michigan 49440
Re: Lac Vieux Desert Band of Lake Superior Chippewa Indians
At the request of Mayor Warmington, please consider this letter as a formal request by
the Lac Vieux Desert Band of Lake Superior Chippewa Indians (the "Tribe") for the City of
Muskegon (the "City") to place approval of the Municipal Services Agreement between the City
and the Tribe on the City Commission Agenda for February 12, 2008.
Please do not hesitate to call me at your convenience if you have any questions or
comments regarding this request. With best regards, I arn
Paul N. Fitzer
Cc: The Honorable Stephen Warmington
The Honorable James \Villiams
Mr. Bryon Mazade
Jay Finch, Esq.
Mr. John Bouwens
FEB O5 2008
CITY MANAGER'S OFFICE