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Lewistown commission approves $1,000 payment after city crews damaged resident’s shed
Summary
After public comment from renter/owner Charlie Powell about city workers damaging a shed in April, the Lewistown City Commission voted unanimously to authorize a $1,000 goodwill payment and directed staff to work with the municipal insurer and bring forward a notification/claims policy.
The City of Lewistown commission voted unanimously Tuesday to pay resident Charlie Powell $1,000 after city workers damaged a shed at property he owns and rents.
Powell, who identified himself during the public comment period, told the commission the incident occurred during April waterline work and that neither he nor his tenant were notified. He said neighbors’ doorbell-camera footage shows city workers striking and tearing parts of the shed and that his insurance settlement left him roughly $1,000 short. “I’m out 1,000 bucks,” Powell said, describing the cost to replace the structure and the rise in his insurance rates after filing a claim.
City manager Holly Dobbs said the city’s insurer, NMIA, has “full settlement authority” under the city’s memorandum of coverage and that staff had coordinated with the carrier. Dobbs told commissioners NMIA was willing to provide an educational briefing on what the coverage does and does not allow. She also confirmed that the city already accepted a binding release as part of that settlement paperwork.
Commissioners expressed concern about both the lack of notification to the tenant and property owner and the precedent of making payments outside insurer settlements. Commissioner Robertson said that if Powell’s account of events is accurate, “he should not be held responsible for cost that was at the hands of our people,” and urged staff to seek clarification from the insurer.
A commissioner moved that the commission compensate Powell $1,000 as a goodwill payment outside of the insurer settlement; the motion carried on a roll-call vote with all present voting Aye. The commission directed staff to work with the insurer to provide a written invoice and to schedule an insurer education session and bring back proposed notification and claims-handling procedures to a future meeting.
What’s next: Staff will prepare the payment documentation and coordinate with NMIA on an informational session for the commission about coverage limits, and will draft a proposed policy on resident notification and handling of damages caused by city operations.
