November 29, 2004 - Claims Committee Meeting
City of Central Falls
Claims Committee Meeting
City Hall Council Chambers
MONDAY, NOVEMBER 29, 2004
At 5:30 p.m.
A meeting of the Central Falls Claims Committee was held on the above date at 6:30 p.m.
Councilman Agostinho Silva chaired the meeting.
1. Roll Call
Jason R. Leger
Ricardo Patino
William Benson, Jr.
Agostinho Silva
Quorum present
Councilman Silva asked if one of the Claims was withdrawn. Mrs. Crowley responded yes. Item # B. Delores Benson has withdrawn her claim.
Councilman Benson motioned to collectively move all remaining claims to the Legal Department for an opinion.
Motion seconded by Councilman Patino.
| Jason R. Leger | yes |
| Ricardo Patino | yes |
| William Benson, Jr. | yes |
| Agostinho Silva | yes |
All agreed. So voted.
Councilman Leger asked that the motion to be clarified.
Councilman Silva stated that all claims under item # 3 a.c.d.e.f. be referred to the Legal Department for a recommendation to proceed with these claims. This should be ready by the next meeting or on January 10 2005.
Councilman Leger made a motion for reconsideration of this vote for the purpose of discussion Councilman Benson seconded the motion.
| Jason R. Leger | yes |
| Ricardo Patino | yes |
| William Benson, Jr. | yes |
| Agostinho Silva | yes |
All agreed to reconsider. So voted.
Councilman Leger stated that some of the claims seemed clear cut, and he would like to change his vote.
The Clerk reminded the Committee that the claimants were notified to be present at this meeting.
Councilman Silva asked if there was a motion on the table. Councilman Leger suggested that they all be handled individually. All agreed.
2. Public Comments
3. Claims - Damages under $2500.00
a. Cynthia Champagne of 28 Chapel St. Lincoln, RI for alleged damages of $ 1233.88, to her vehicle while parked unattended at the Public Works Department, by a Recycle truck.
Councilman Leger explained what happened and that 3 estimates were submitted along with a police report. He also stated that this seemed clear cut. Councilman Benson made a motion to approve payment in the amount of $1233.88. Seconded by Councilman Leger.
| Jason R. Leger | yes |
| Ricardo Patino | yes |
| William Benson, Jr. | yes |
| Agostinho Silva | yes |
All agreed. So voted.
b. Delores Benson for alleged damages to her trash receptacle at 1100 Lonsdale Ave.
This claim was withdrawn by Delores Benson.
c.. Thomas Shannahan for alleged back pay for vacation time.
Discussion took place.
Councilman Patino made a motion to table, seconded by Councilman Benson.
More discussion took place on previous claim filed by Tony Harraka.
Councilman Patino removed his motion. He made a new motion to refer to the Legal Department, seconded by Councilman Leger and Benson.
Mr. Shannahan of 2 Kendall St. was present and explained to the Council the circumstances that led to the accumulation of vacation time.
| Jason R. Leger | No |
| Ricardo Patino | Yes |
| William Benson, Jr. | Yes |
| Agostinho Silva | Yes |
3 Yes 1 No Motion carries.
d.. Menise Kukkuckka for alleged damages to a glass door as a result of a police raid to the adjoining apartment on Broad St.
Menise Kukkuckka and her daughter were present and presented the bill to the Committee.
She stated she previously came before the Claims Committee but did not have 3 estimates.
She further explained that she could not get any more estimates other than the one.
She had not received notices. Under the previous Council.
Councilman Leger asked if we had a copy of the police report previously. The clerk stated yes, she had.
Councilman Leger stated that there must be logic to the situation; she has been before the Council 3 times.
Councilman Silva requested that claims procedures be followed.
Council Patino asked if they could act on it now.
Mrs. Kuccukka stated that the police did not file a form.
Motion to approve the claim in the amount of $170.14 made by Councilman Patino, seconded by Councilman Leger
| Jason R. Leger | Yes |
| Ricardo Patino | Yes |
| William Benson, Jr. | Yes |
| Agostinho Silva | No |
3 yes 1 no Motion carries.
e. Viola Swiader of 143 Mulberry St., Pawt, for allegedly damages to her vehicle in the amount of $ 1394.66 as a result of her hitting a pothole on Broad St. on the Central Falls/Pawtucket line.
She was present and asked for her name to be corrected to Swiader. She explained it happen in front of the YWCA.
Chairman Silva asked the Law Department about the location if it was the responsibility of the City or is it the state or whom???
John Gannon replied that if it is a State Highway they should be responsible, or it could also be the Contractor who took a permit to excavate the ground. The state claims must be filed within 7 days.
The owner of the building may be responsible.
Motion by Councilman Leger made a motion to forward this claim to the Legal Department for investigation, seconded by Councilman Benson.
| Jason R. Leger | Yes |
| Ricardo Patino | Yes |
| William Benson, Jr. | Yes |
| Agostinho Silva | yes |
Referred to Legal for Disposition.
f.. John Oldrid of 26 Westside Ave. N. Attleboro, Ma. For damage to his vehicle involved in an accident with DPW Trash Vehicle.
He and his wife was present, stated his name and address. Discussion took place. The incident took place on Earle St.
Jack Gannon recommended that he take a look at the file, before the decision is made.
Generally liability is with the operating vehicle.
Councilman Leger restated what Jack Gannon stated.
Motion made by Councilman Patino to refer this claim to the Law Department, seconded by Councilman Benson
| Jason R. Leger | No |
| Ricardo Patino | Yes |
| William Benson, Jr. | Yes |
| Agostinho Silva | yes |
Motion carries 3-1
Referred to Legal for Disposition
8. Unfinished Business
None
9. New Business
None
10. Adjourn
Motion to adjourn by Councilman Leger, seconded by Councilman Benson.
All agreed. Adjourned at 7:05pm
____________________________
Elizabeth A. Crowley, CMC
City Clerk