CITY OF CENTRAL FALLS
CLAIMS COMMITTEE MEETING
NOVEMBER 5, 1990
A Claims Comittee Meeting was held in the City Hall Council Chambers on the above date at 8:00 p.m.
Councilman Charbonneau
Councilman Laroche
Councilwoman Moreau
Councilman Vaudreuil
Councilman Sienkiewicz absent due to illness.
Quorum present.
Chairwoman Sandra Moreau presided.
Also present at this meeting were Finance Director Edna Poulin, Personnel Director Debra Rice, Attorney Christine McBurney and City Solicitor George Muksian.
Attorney Christine McBurney addressed the Committee and stated that she represents Harry Tajra, Minimum Housing Director. She explained that Raymond Cooney, City Solicitor in 1989 suggested that Mr. Tajra hire a private attorney to represent him on this case.
Attorney McBurney explained that the trial for this case was held one week ago and that she represented Mr. Tajra only.
Attorney George Prescott represented the plaintiffs, Mrs. Nadeau and Mr. & Mrs. Woods.
George Muksian began the history of the case of Woods vs. City of Central Falls.
March 31, 1970, Harry Tajra inspected the front first floor apartment at 292 Central St. The apartment was found to have no hot water facilities. The second floor also had no hot water and the condition of the apartment was in poor condition. Mr. Fagan, the owner of the building at that time, was told that the second floor failed to provide a second exit.
In a memo, Mr. Fagan informed Mr. Tajra that an elderly man lived in that apartment, and it would be disruptive to do anything at this time.
On Oct. 9, 1974 re-inspected the apartment and the building and found that gutters were missing, jets were split and the second floor still had no second exit.
On Dec. 9, 1974 Mr. Tajra issued a notice of violation and gave Mr. Fagan 30 days to remedy the violations. This notice was returned unclaimed.
Mr. Tajra sent a summons to Mr. Fagan on Jan. 7, 1975. Mr. Fagan did not appear. A second and third summons was issued and still Mr. Fagan did not answer these summons.
On May 20, 1977 the elderly gentleman living on the second floor, fell and the EMT's were called.
The rescue personnel reported to the Minimum Housing Department that kerosene soaked the floor and matches and papers were scattered all around. Two Inspectors from the Minimum Housing Department were sent to investigate the Fire Department report. Mr. Woods denied them entry.
Councilman Charbonneau questioned what role Mr. Woods played in the building at this time. He was told that Mr. Woods lived on the first floor at this time.
On April 29, 1980 ownership of the building was transferred and a lien was placed on the property. However, no bank was involved and the property was acquired by Mrs. Susan Nadeau.
Inspectors were again sent to Central St. and were denied entrance by the son of Robert Woods. A letter was sent to Mrs. Nadeau notifying her of the violations on the building and asking for an inspection date.
Mr. Woods went to the Minimum Housing Department and informed them that Mrs. Nadeau was his daughter.
On June 9, 1980 Attorney Prescott sent a letter to Mr. Tajra telling him not to enter the premises at 290-294 Central St. This letter was given to City Solicitor Robert Newman who told the Minimum Housing Director to take the complaint to court.
After a series of Court dates in 5th Division Court a decision was rendered on Dec. 8, 1980 against the City.
Susan Nadeau and the Woods then took the case to Supreme Court stating that their Civil Rights had been violated.
Council Vaudreuil questioned the City Solicitor on Mr. Woods actions.
The charges regarding this case were malicious prosecution and false arrest.
City Solicitor Muksian recapped the information regarding this case.
On Feb. 13, 1989 George Prescott made a settlement offer of $15,000 plus legal fees to the City Solicitor Raymond Cooney.
Councilman Charbonneau asked why this offer was not brought before the Claims Committee.
On Oct. 30, 1990 this case was brought to jury trial, in chambers, Mr. Prescott made an offer to settle. This offer was for $30,000 plus $25,000 for legal fees for a total of $55,000.
The Committee asked questions regarding interest.
George Muksian, City Solicitor stated that there would be no appeal if case is settled out of court. He also stated that by taking the case to court there would be a gamble about the amount of money that would be paid out if the City lost the case. He stated that it was up to the Committee to decide whether the City should settle with the offer of $55,000 or continue with a trial.
Councilman Charbonneau asked questions.
Mayor Lazieh commented as a private citizen.
Councilman Vaudreuil asked questions.
Edna Poulin commented that this settlement would mean 29.5c on the tax rate and the poor fiscal condition of the City to pay for this suit.
Committee discussion ensued.
Councilwoman Moreau questioned the $55,000 and the interest.
Mayor Lazieh, commenting as a private citizen, stated that he would find it difficult to recommend any settlement because of the current fiscal situation.
Mr. Joseph Faria stated that the City should go to trial.
Chairwoman Moreau opened the meeting to other questions.
William Aunchman asked if it were possible for the City to recoup any of the money and how long would it take for a trial.
Councilman Charbonneau questioned the fees of Christine McBurney and asked if other fees would be added if the City does not represent Mr. Tajra.
City Solicitor Muksian stated that Mr. Tajra was following the advise of the City Solicitor at that time and that Mr. Tajra should be reimbursed for his legal expenses.
Motion was made by Councilman Laroche and seconded by Councilman Charbonneau to adjourn to Executive Session.
Meeting reconvened at 9:59 P.M. Councilman Laroche commented on the role of Department Heads and the paying of legal fees when acting on the advise of the City Solicitor. He recommended that the legal fees of Harry Tajra be reimbursed to him.
Motion to pay the legal fees of Harry Tajra was made by Councilman Laroche and seconded by Councilman Charbonneau.
Roll Call vote:
| Councilman Charbonneau | yes |
| Councilman Laroche | yes |
| Councilwoman Moreau | yes |
| Councilman Vaudreuil | yes |
Motion carried 4 yes 0 no.
Councilman Laroche commented on the costs of losing this case and questioned the City Solictor.
George Muksian commented.
Councilman Vaudreuil commented on the case.
Motion was made by Councilman Vaudreuil and seconded by Councilman Charbonneau to deny the claim and to take it to court.
Roll Call vote:
| Councilman Charbonneau | yes |
| Councilman Laroche | no |
| Councilwoman Moreau | yes |
| Councilman Vaudreuil | yes |
Motion carries 3 yes 1 no
Motion to adjourn was made by Councilman Laroche and seconded by Councilman Charbonneau. All Agreed. So Voted. Time 10:09 P.M.
DANIEL J. ISSA, CITY CLERK