Claims Committee Meeting
March 8, 1999 At 6:45 p.m.
City Hall Council Chambers
580 Broad Street
Central Falls, Rhode Island
A Meeting of the Central Falls Claims Committee was held on the above date in the City Hall Council Chambers at 7:00 p.m.
Councilman Noury
Councilman Ferri
Councilman Weber
Councilwoman Moreau
Councilman Canavan
Quorum present.
Chairman Noury presided.
JESUS RODAS FOR DAMAGES HE ALLEGEDLY INCURRED BY THE POLICE DEPARTMENT, FOR COMPENSATORY & PUNITIVE DAMAGES RE; DEPRIVATION OF RIGHTS.
DOUGLAS ROGERS OF THE WYATT DETENTION FACILITY FOR INJURY SUSTAINED IN FALL AT THE FACILITY.
Assistant City Solicitor Matthews Oliverio reviewed the Claims and recommended that They be referred to R.I. Interlocal Risk Management.
Motion to refer as recommended to R.I. Interlocal Risk Management was made by Councilman Canavan and seconded by Councilwoman Moreau.
All Agreed. So Voted.
JULIE BRANCO OF 15 ALTHEA ST, FOR DAMAGE TO HIS VEHICLE PARKED UNATTENDED BY PUBLIC WORKS VEHICLE ON 9/16/98.
Assistant City Solicitor Matthew Oliverio related the facts of this claim and recommended payment in the amount of $217.00.
Motion to approve the payment of the Claim as recommended by the Assistant City Solicitor was made by Councilman Weber and seconded by Councilwoman Moreau and Councilman Ferri. All agreed. So voted.
OSVALDO MERCADO OF 826 DEXTER ST, FOR DAMAGE TO VEHICLE BY FIRE DEPT EMERGENCY EQUIPMENT ON OR ABOUT 9/6/98.
Assistant City Solicitor Matthew Oliverio related the facts of this claim and recommended payment in the amount of $ 528.54.
Motion to approve the payment of the Claim as recommended by Assistant City Solicitor Oliverio was made by Councilwoman Moreau and seconded by Councilman Ferri and Councilman Canavan. All agreed. So voted.
RICHARD LUSSIER OF 65 RAND ST, FOR APPROX. $800.00, FOR ATTORNEY FEES & CITY FEES FROM 3/95 – 11/95.
Assistant City Solicitor Matthew Oliverio related the facts of this claim to the Committee. He stated that there is no basis for this claim and at the time that Mr. Lussier Hired an Attorney to appeal the HDC decision there was a duly passed Ordinance in place and was later repealed by the Council. He stated that the choice to appeal at that time was the claimant’s decision to make, and, in fact, if the City allows payment of this it will open the door for anyone to make future claims of any ordinance that was appealed after the fact. He therefore recommended denial of this claim.
Mr. Lussier was present at this meeting and stated that he disagrees with the Solicitor. He Stated that the enabling legislation allows for reimbursement if any Historic Commission decision is overruled.
Councilman Canavan commented on this claim and agreed that when Board decisions are made the City would be exposed to other suits.
Mr. Lussier stated that he has the enabling legislation related to the HDC at home and would like the opportunity to give it to the Committee for review.
The Committee asked Mr. Lussier to verify the amount he is seeking for this claim.
Mr. Lussier stated the Attorney fees and the amount paid to planning for advertising the Zoning application. The amount was $450.00
Motion to table to next meeting was made by Councilman Ferri and seconded by Councilwoman Moreau. All Agreed. So Voted.
None
Motion to adjourn was made by Councilman Weber and seconded by Councilman Canavan. All Agreed. So Voted. Time 7:15 p.m.
_______________________
Elizabeth A. Crowley, CMC
Deputy City Clerk