November 20, 2000 - Claims Committee Meeting

 

City of Central Falls

Claims Committee Meeting

Monday, November 20, 2000

Following the Liquor Board Meeting

At approximately 7:00 p m

City Hall Council Chambers

 

 

A meeting of the Claims Committee was held on the above date in the City Hall Council Chambers at 7:32 p.m.

 

1. Roll Call

 

Councilman Leger

Councilwoman Canavan

Councilman Lazieh

Councilman Robichaud

 

Quorum present.

 

Chairman Robichaud presided.

2. Claims for Damages under $2500.00

A.  Michelle Felizzola & William Crique for damage to vehicle when it struck a pothole on Hunt St. 2/10/00

 

B.  Francisco S. Faria for damage to vehicle on April 4, 2000 when he struck a pot hole on Hunt St.

 

C.  Jane Bedard for damage to vehicle on April 4, 2000 when it struck a pothole on Hunt St.

 

D.  Jose Pimental for damage to vehicle on April 5,2000 when it struck a pothole on

Assistant Solicitor Oliverio stated that the time of the first incident was around 9:01 p.m. and the City responded by 9:20 p.m. He stated that the Board then must decide what the liability is for the City, relative to potholes and City sidewalks.  The City first must be made aware of the defect and then must make repairs on the defect within a reasonable amount. He stated that since the City acted within a reasonable amount of time he would recommend that the Board deny these claims.

 

Motion to deny collectively was made by Councilwoman Canavan and seconded by Councilman Leger.

 

Discussion ensued.

 

Councilman Leger commented on the vicinity of the pothole.

 

Councilman Lazieh commented on the confusion between the pothole and the construction area on Hunt Street.

 

Councilman Leger stated that the pothole in question was not in front of the Manor.

 

Councilwoman Canavan stated that all three people struck the same pothole within minutes of each other.

 

Councilwoman Canavan stated that potholes are something the each and every City must live with and must depend on the residents to report pothole. She stated that it is unfortunate but she stated that it has not been proven that the City was negligent and the city did respond in a reasonable amount of time to fix the problem.

 

Councilman Leger                                 yes to deny

Councilwoman Canavan                       yes to deny

Councilman Lazieh                                yes to deny

Councilman Robichaud                         yes to deny

Motion carried 4 yes 0 no 1 absent.

 

Councilman Leger asked the Solicitor what rights do the claimants has relative to the denial of these claims.

 

Solicitor Oliverio stated that the claimants could pursue their claims in court.

 

3. New Business

 

None

 

4. Old Business

 

None

 

5.  Adjourn

 

Motion to adjourn was made by Councilman Leger and seconded by Councilman Lazieh.  All Agreed. So Voted.  Time 8:17 p.m.

 

_______________________________

 

Elizabeth A. Crowley, CMC

City Clerk

 

 

 

November 20, 2000 - Claims Committee Meeting
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