In accordance with notice to members of the RI CRMC Rights-of-Way Subcommittee, a meeting was held on Tuesday, August 22, 2023 at 4:30 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 4:30 p.m.

2. Approval of the Minutes of the Previous Meeting

Chair Coia called for a motion regarding the ROW Subcommittee Meeting minutes held on Tuesday, June 27, 2023.

Motion to Approve:
Motion: Mr. Gagnon
Second: Ms. Reynolds
Motion carried on unanimous voice vote.

Staff Report by Mr. Willis:

• Additional Requests for ROW determination with the latest from Town of Charlestown.
• Staff has reviewed and determined that there are over one dozen ROW at various levels of investigation at the staff level to bring before the Subcommittee.

3. Spring Avenue Right-of-Way status update from the parties

Parties present:
William Conley, Solicitor for Town of Westerly
Michael Rubin, for Intervenor Caroline Contrata
Joseph Farside, for Weekapaug Fire District
Allison Hoffman and Greg Schultz, Attorney General’s Office

Mr. DeSisto asked on behalf of the Subcommittee for an update on the Agreed Statement of Facts and a possible scheduling order.

Joseph Farside, Counsel to the Weekapaug Fire District, addressed the Subcommittee and stated that he had emailed a proposed Schedule of Proceeding to continue through December 20, 2023. Mr. Farside stated that the Schedule of Proceeding that was submitted to the subcommittee had been agreed upon by all attorneys involved and that if any extensions become necessary, they would all conference and agree upon the updated schedule prior to meeting with the Subcommittee.

William Conley, Westerly Town Solicitor, addressed the Subcommittee stating that on behalf of The Town of Westerly, he agreed with the Schedule of Proceedings by all parties.

Attorney Greg Schultz and Attorney Alison Hoffman with the Attorney General’s office stated that they were in agreement with schedule and had nothing more to add.

Michael Rubin, Counselor for Caroline Contrata, also stated that he was in agreement with schedule and had nothing more to add.

Mr. DeSisto read the Proposed Schedule beginning at 9/15/2023 using schedule received on 08-22- 2023 via email.

Mr. DeSisto asked what type of experts would be retained – ex: title experts, engineers, surveyors.

Ms. Hoffman stated that the parties have not to this date decided and disclosed; but, agreed that the options put forth by Mr. DeSisto would be a possibility.

Mr. DeSisto asked if the type of witness would be the type that needed to be deposed.

Ms. Hoffman stated that it is not decided and disclosed and it is not possible to determine if any need to be deposed.

Mr. Rubin stated that some of his witnesses are ready for deposing if necessary and they would be attaining a title expert witness, a surveyor expert witness, and an aerial photograph expert witness.

Mr. DeSisto stated that the Schedule of Proceedings is very helpful to the Subcommittee and that the public will be able to make comment above and beyond all of the expert witness testimony.

Mr. DeSisto asked if a signed document would be submitted. Mr. Rubin stated that they were all in agreement even though document not signed.

Mr. DeSisto asked if signature could be orally transmitted.

Mr. Gagnon motioned for the schedule to be signed and submitted to the subcommittee. Ms. Reynolds seconded the motion which was approved on a unanimous voice vote.

Mr. Rubin also stated that an archivist would be part of his expert witness list.

Mr. DeSisto explained that an attorney had been found for the Spray Rock Trust entity and that attorney stated a discussion would be had with client.

Ms. Hoffman stated that she would be court excused for the second half of November.

Mr. Conley stated that he was also court excused for the second week of November.

Mr. Gagnon asked if Public hearings would be had after December 20th. Mr. DeSisto confirmed that if an Agreement to facts is submitted that will make the subcommittee’s review easier and hearing could take place beginning in 2024.

Mr. Farside stated that a letter was submitted on July 13th related to the initial determination on whether a determination has been made. Mr. DeSisto stated that from his standpoint as legal Counsel, the matter is appropriately before the Subcommittee of CRMC. Mr. DeSisto stated that he would put it in writing if pressed but it is not something that is usually done.

Mr. DeSisto stated that signatures on scheduling order should be supplied to Council.

Mr. Langseth addressed the Council stating that the doors to the building were locked and they could not get into the meeting.

Mr. DeSisto stated we would address with the Department of Administration.

4. Adjournment:

Motion: Mr. Gagnon
Second: Ms. Reynolds
Motion carried on unanimous voice vote.

Meeting adjourned at 5:44 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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