City of Central Falls
Claims Committee Meeting
Monday, September 11, 2000
At 6:00 p.m.
City Hall Council Chambers
A meeting of the Central Falls Claims Committee was held on the above date in the City Hall Council Chambers at 6:00 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Noury
Councilman Lazieh
Councilman Robichaud
Quorum present.
Councilman Robichaud chaired the meeting.
Meeting August 16, 2000
Motion to accept and place on file was made by Councilman Leger and seconded by Councilman Noury. All Agreed. So Voted. Councilman Lazieh, for the record did not vote on the minutes as he was not present at that meeting and did not wish to vote on minutes to a meeting he did not attend.
Jose Pimental re: Claim
Maria Jacobs was present to speak on behalf of Mr. Pimental. She stated that this incident was the fourth that took place that evening at that same pothole on April 5th at 10:45pm. She told the Committee that a Police Officer followed Mr. Pimental to the location of the pothole and remained at the scene the remainder of the evening. She spoke of legality versus moral and ethical responsibilities of the City relative to this issue. She related that the pothole was very large and that even if it was raining that evening the hole did not become that large overnight.
Chairman Robichaud requested that the Assistant City Solicitor give his opinion relative to this issue.
Mr. Oliverio stated that there were several complaints about the pothole on Hunt St. And from the information given to the Legal Department, the Highway Department was dispatched within a reasonable amount of time to repair the street. He questioned Ms. Jacobs about the event of the evening.
Mr. Pimental and Ms. Jacobs asked why the situation had not been corrected when the first car hit the pothole.
Mr. Oliverio responded that this is a fair question but that he was not aware that this was the fourth vehicle to hit the pothole that evening. He stated to the Council that the Highway department may not have been notified of this but that the Police Department certainly was aware the situation.
Councilman Robichaud asked what constitutes a reasonable time period.
Mr. Oliverio stated that the Committee may want to revisit this Claim as well as the other Claims.
Councilwoman Canavan asked where the pothole was located.
Discussion ensued relative to the time and date as well as the other claimants who submitted claims for hitting this same pothole.
Mr. Oliverio stated that the Committee, although the first one to hit the pot hole the City may not be responsible, certainly the City should have repaired the pothole as soon as possible after the first incident and the Committee may want to pay these claims. He stated that the Police Department perhaps should have placed a cone or a flashing hazard sign until the hole could be repaired.
Councilman Lazieh stated that he recalls this area as being on the corner of Richardson and Hunt Street and that this may be a third party claim and that the City would not be responsible for a third party claim.
Mr. Oliverio stated that the City is responsible for the maintenance of the Street and that may be a claim of the City against the party if the Committee chose to pay the claims.
The committee decided to reconsider all the claims relative to damages arising from A pothole on Hunt Street in the vicinity of the Manor to be at the call of the chair.
Motion was made to reconsider all claims that took place in this area and to place them on the next claims committee meeting was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted.
A. Beverly Gonsalves for Victor Santiago for injuries sustained Oct. 15, 1997 at lunch in School.
B. Pezza & Son for services performed 1998.
Motion to refer to the Interlocal was made by Councilman Lazieh and seconded by Councilman Noury.
Councilwoman Canavan questioned the suit relative to Pezza & Sons. She stated that Pezza is for work performed by the City.
Mr. Oliverio explained the Claim by Pezza & Son and stated that he would be defending the City.
Councilwoman Canavan stated that this should be handled by the Public Works and City before it gets to Court.
The City Clerk explained why this is sent to Interlocal.
Councilwoman Canavan asked that the motion be withdrawn and that each be handle separately.
Motion withdrawn by Councilman Lazieh.
Motion to refer the Gonsalves/Santiago Claim to Interlocal Risk was made by Councilwoman Canavan and seconded by Councilman Leger. All Agreed. So Voted.
Motion to refer Pezza & Sons to the Solicitor was made by Councilwoman Canavan and seconded by Councilman Noury.
Councilman Noury asked how much the claim is for? Mr. Oliverio stated $5,000 plus Attorney fees of $2500.
Councilman Noury asked if the Solicitor could resolve this claim.
Councilman Lazieh stated that as a procedure the claim should still be referred to the Interlocal.
The Solicitor stated that the City should not waive its rights under the contract.
Councilwoman Canavan amended her motion to notify Interlocal risk. Seconded by Councilman Leger.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Robichaud | yes |
| Councilman Lazieh | yes |
Motion carried 5 yes 0 no.
On the motion as amended.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no
A. Michelle Felizzola & William Crique for damage to vehicle when it struck a pothole on Hunt St. 2/10/00.
B. Olga Restrepo 116 Cottage St. for damage to her vehicle while parked in front of Jenks Park.
C. Jane Bedard for damage to vehicle on April 4, 2000 when it struck a pothole on Hunt St.
Chairman Robichaud asked if there were any claimants present to speak on their claim.
Motion to accept and refer to Legal was made by Councilman Lazieh and seconded by Councilman Leger.
Discussion ensued relative to procedure.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no.
A. Michelle Felizzola & William Crique-pothole on Hunt St.
Matthew Oliverio explained that this is another pothole situation, which according to his records show that the pothole was repaired within 19 minutes of the call. He stated that the legal obligation was to repair the pothole within a reasonable amount of time.
Motion to deny the claim was made by Councilman Leger and seconded by Councilwoman Canavan.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no 0 absent.
B. Olga Restrepo damage to vehicle parked in front of Jenks Park.
Mr. Oliverio stated that the claimant states that a City trash was blown over by the wind causing damage to the windshield of her vehicle. The Officer investigated the claim and stated that the can was too heavy and the wind too light to be blown over onto her vehicle and further stated that in his opinion the was a case of vandalism which the City is not responsible for.
Motion to deny was made by Councilman Leger and seconded by Councilwoman Canavan.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no 0 absent.
C. Jane Bedard Claim
Motion to table to next meeting was made by Councilman Leger and seconded by
Councilwoman Canavan. All Agreed. So Voted.
Motion to recess to Executive Session was made by Councilman Leger and seconded by Councilman Noury.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no 0 absent.
Meeting recessed to executive session at 6:47 p.m.
Pursuant to Rhode Island General Law Section 42-46-5 “Open Meetings” Exemption #2 “Pending Litigation.
Dexter Credit Union vs. City of Central Falls-Discussion of issues and strategy
Meeting reconvened at 7:09 p.m.
Motion was made by Councilman Leger and seconded by Councilman Noury to seal the minutes of the Executive Session. All Agreed. So Voted.
Motion to authorize the legal department to move ahead with a settlement with Dexter Credit Union under the terms and conditions as discussed in Executive Session was made by Councilman Noury and seconded by Councilman Leger.
| Councilman Leger | yes |
| Councilwoman Canavan | yes |
| Councilman Noury | yes |
| Councilman Lazieh | yes |
| Councilman Robichaud | yes |
Motion carried 5 yes 0 no 0 absent.
None
None
Motion to adjourn was made by Councilman Lazieh and seconded by Councilman Leger. All Agreed. So Voted. Time 7:10pm.
______________________________
Elizabeth A. Crowley, CMC
City Clerk