City of Oak Creek

Common Council Report

Meeting Date:  January 6, 2004

Item No.:         5

Recommendation:  That the Common Council authorize the City Clerk to issue a Notice of Disallowance on the claim of Kaplan Vinca.

Background:  A claim was filed in the amount of $6,793.20 by Kaplan Vinca, 8211 S. Lauree Ln., for replacement of basement carpeting due to water damage that occurred on 11/18/03.

According to City staff, the private front sidewalk at this residence is pitched toward the house, the sidewalk near the garage is also starting to sink, and one downspout is not connected to the storm drain system.  Staff members agreed that, after investigating the conditions, they determined this problem is not related in any way to a failure or lack of proper City maintenance of infrastructure.

This matter was reviewed by the City’s insurance carrier, Cities and Villages Mutual (CVMIC) and the Small Claims Committee, who both recommended that this claim be denied and a Notice of Disallowance issued. Since the Small Claims Committee is authorized to settle claims up to $5,000.00, Common Council action is required on this claim.

Fiscal Impact:  None at this time.

Prepared and Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk