City Commission Worksession Agenda 02-11-2008

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                             CITY OF MUSKEGON
                           Monday, February 11, 2008
                                   5:30 p.m.
                           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.

6.   Adjournment.
                                       City of Muskegon
                                 City Commission Worksession
                                       February 11, 2008
                                  City Commission Chambers


Present: Commissioners Warmington, Wisneski, Gawron, Shepherd, Spataro, Wierengo, and
Absent: None.

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.
Nays: None.

                                                                  MOTION PASSES

Little River Casino Presentation - City Manager
Glenn Zaring, Director Office of Public Affairs, introduced members of the Little River Band of
Ottawa Indians.

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.
Nays: None.

                                                                         MOTION PASSES
Motion by Commissioner Spataro, seconded by Commissioner Wisneski to come out of
closed session at 7:55 p.m.

                                                                MOTION PASSES

Public cmmnents were received.

Motion by Commissioner Wisneski, seconded by Commissioner Shepherd to adjourn at
8:00 p.m.

                                                          MOTION PASSES


                                                   \,¾,~\~\~\J'v~~:i~ j_f ~
                                                      Ann Marie Becker, MMC
                                                          City Clerk

 To:     City Commission
 From: Assistant Finance Director   _J).V
 cc,     City Manager, Finance Director, Director of Public Works
 Date:   2/4/2008
 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.
             Michigan Municipal


        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:

               Clean-up                 $4845.00
               Building damage          5016.00
               Carpet                   3896.00
               Contents                 4167.00
               Miscellaneous               49.00


        Very truiy yours,


'   '
        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 •
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.
           Parmenter O'Toole
           60 I Terrace Street
           Muskegon, Michigan 49440

                   Re:      Lac Vieux Desert Band of Lake Superior Chippewa Indians

           Dear John:

                  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

                                                                  Sincerely yours,

                                                                  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

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