In accordance with notice to members of the RI CRMC Rights-of-Way Subcommittee, a meeting was held on Tuesday, June 27, 2023 at 5:00 p.m. in Conference Room A, of the Administration Building, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
Anthony DeSisto, Legal Counsel
Lisa Turner, Recording Secretary

 

1. CALL TO ORDER

Chair Coia opened the meeting at 5:05 p.m.

2. Staff Report

None.

3. Spring Avenue Right-of-Way:

Mr. DeSisto addressed the Subcommittee members stating that the matters for discussion are the Motion to Intervene from Caroline Contrata and the Attorney General’s Office. Mr. DeSisto stated that the Motions to Intervene were both objected to by Weekapaug Fire District.

Discussion and action of Attorney Rubin’s Motion to Intervene on behalf of client, Caroline Contrata and objection by Weekapaug Fire District

Mr. Rubin addressed the Subcommittee and introduced Attorney Sean Lyness who would also be working for Ms. Contrata, who was also present.

Mr. Rubin stated that the Motion to Intervene spoke for itself and spoke to Ms. Contrata’s interest as a member of the public. Mr. Rubin stated that he did not agree with the objection as the reasons went into the merits of the case and that the facts had not been established at this time.

Nothing further from Mr. Rubin or Mr. Lyness.

Attorney Joseph Farside was present on behalf of Weekapaug Fire District.

Mr. Farside addressed the Subcommittee as stated that the Subcommittee was able to hear from the public, Ms. Contrata, without giving intervenor status.

No questions from subcommittee.

Attorney William Conley, Town of Westerly Solicitor, addressed the Subcommittee and stated that the Town of Westerly referred this matter before CRMC ROW Subcommittee for determination of whether it was a Public ROW. Mr. Conley stated that he supported the Motion to Intervene on behalf of Caroline Contrata and asked that the Subcommittee grant the motion.

No questions from subcommittee.

Mr. DeSisto stated that Ms. Contrata has standings that stand apart from the general public who are being represented by the Attorney General’s office.

Mr. DeSisto explained that during the ROW hearing process, any member of the public would be able to speak but that Ms. Contrata, through her two attorneys, had more to say than just commenting at a hearing which was prevalent in the information found by her attorneys on her behalf.

Mr. DeSisto explained that there would be other witnesses through Mr. Rubin who asked to have depositions to preserve testimony of people who might not be able to attend.

No further questions from the Subcommittee.

Mr. Gagnon made a motion based on Ms. Contrata being resident of westerly, having support of town, and having two Attorneys be granted intervenor status. Ms. Reynolds seconded the motion.

No discussion

Roll call vote by Chair Coia

Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

The Subcommittee approved intervenor status for Ms. Contrata.

Discussion and Action of Motion to Intervene by Attorney General’s Office as requested on June 6, 2023 by Allison Hoffman, Esq. and Greg Schultz, Esq and objection by Weekapaug Fire District

Attorney Alison Hoffman and Attorney Greg Schultz, both of the Attorney General’s Office, stated that the Attorney General’s office has the right to intervenor status as the Attorney General is the public officer charged with representing the people of the State.

No questions of subcommittee.

Mr. Farside expressed the Weekapaug Fire District’s objection to the Motion to Interview by the Attorney General’s (AG’s) Office as the AG’s office would represent the administrative body if the case was appealed in court which is a conflict of interest.

Mr. DeSisto stated that he was unaware of any case law that points to the AG’s office serving as legal counsel for CRMC.

Mr. Conley urged the Subcommittee to support the AG’s intervenor status.

Mr. DeSisto stated that members of the general public are interested in this matter and have attained lawyers to represent them as members of the public. The AG’s office has intervened in other matters per RIGL 42-35-1(14) Party of interest. The AG’s office is a party of interest in the subject matter based on how the public usage of the ROW.

Mr. Farside asked about the number of people who might be using the area if made a Public ROW.

Mr. DeSisto answered that there is a large record and many members of the public will attend the Subcommittee hearings to talk about their own usage.

Ms. Reynolds motioned based on representations and presentation by AG’s office and solicitor of the Town of Westerly, to accept the AG’s office Motion to Intervene. Seconded by Mr. Gagnon.

Roll call vote by Chair Coia
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

The Subcommittee approved intervenor status for Attorney General’s Office.

Discussion and action of Attorney Rubin’s request for deposition to preserve evidence

Matter held in abeyance that it will not be put back on agenda unless necessary.

Mr. Gagnon motioned for abeyance of deposition request, seconded by Ms. Reynolds.

Roll call vote by Chair Coia:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion Carried

4. Discussion and action on Entry of a Scheduling Order

Mr. DeSisto stated that the Subcommittee had asked for a scheduling order that will include an agreed statement of facts.

Mr. Farside stated that a draft statement of facts was written and being reviewed by Mr. Conley and Mr. Rubin.

Mr. Rubin stated that he had not seen the proposed statement of facts as of yet, nor has AGs office.

5. Motion to adjourn:

Motion: Mr. Gagnon
Second: Ms. Reynolds
All ayes

Meeting adjourned at 5:44 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

CALENDAR INDEX