ROW SUBCOMMITTEE MEETING

Tuesday, May 28, 2024; 5:00 p.m.

Administration Building; Conference Room A
One Capitol Hill; Providence, RI

MINUTES

 

Subcommittee Members Present
Raymond Coia, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey M. Willis, Executive Director
Laura Miguel, Deputy Director
Anthony DeSisto, Legal Counsel
Mark Hartmann, Legal Counsel Asst

1. Approval of Minutes for April 23, 2024

Motion: Mr. Gagnon
Second: Chair Coia
Motion was carried on unanimous voice vote.

2. Staff Report — None

3. Update by legal counsel regarding procedural status of the matter, pending motions, and scheduling hearings on motions:
Spring Avenue Right of Way - CRMC File # 2020-11-084

Attorney Anthony DeSisto addressed the Council:

Mr. Langseth made request to enter into this case due to letter he received from Weekapaug Fire District. Mr. Langseth will address subcommittee at the conclusion of Spring Avenue update.

Mike Rubin – Caroline Contrata
Greg Schultz – AG’s office
Town of Westerly

Recent motions: Motion to issue subpoenas from WFD – Mathew Ferrara Name withdrawn from Caroline Contrata witness list

WFD still want to subpoena Mr. Ferrara.

Motion to subpoena to STB – inspection of documents – correspondence from STB – statements in the letter on access point, WFD knows that STB has retracted the comments.

30B6 is the intent of it.

May 6, WFD RI SWAA for same reasons under same format

Motion to strike from WFD – expert report of Atty Justin Shay offered by Westerly. Not admissible because filled with legal analysis

Motion to disqualify Susan Cornacchia – expert report offered by Mr. Rubin

May 15th CContrata

Westerly Motion to Strike

Motion to compel from WFD – Ms Contrata avoided her production of ... Mr. Rubin has objection to this – will file

Motion to quash and objection to motion to quash – deposition notice with AG’s office by WFD

Recommend that all motions grou[ped together on the same evening

Acceptable to Subcommittee

GS – additional motions files as well, likely more are coming.

Next schedule ROW meeting is June 25th – WFD can make that but MRubin cannot.

Second meeting in July – July 23rd.

Plan to file objection to at least one of the GSchultz –

R Langseth
APA – allows person of interest to do a cross examination to a party of a hearing. Recognized not presenting himself as such. ACLU obnjected to that. WFD has never withdrawn that. Mr. Langseth, to the extent that he be able to cross examine.

AD – rises to level of having other attys present.

MR – one meeting in July

Motion would be to set down on July meeting, any motion discussed and any other motion received at least two week prior to that meeting and Mr. Langseth’s motion.
RG motioned
PR second

Poll
All ayes RG PR RC

Ms. O’Toole – two cases in Superior Court from WFD and Westerly – 17th of this month – cases on track for land use calendar – denied. Judge Respolo sent email as to sttus of the case in general. No date for motion to dismiss, confusion as to whether he will handle motion to dismiss or whether rit will be added to regular calenda.

GS – Atty gens aoffice has no issue to have

MR – View of it, unless and until Superior Court orders for this subcommittee should cease and desist, this should go forward no matter what happens in superior court. We should not second guess the jurisdiction.

RG – a lot to do on the 23rd, should be start earlier. AD – ok with that –

RC – can we get the room

AD 1 hour

MR – council has been imposing June 15th deadline – does this date affect that deadline

AD -- no

4. Adjournment:

Motion: PR
Second: RG
Motion carried on unanimous voice vote.

Meeting adjourned at 5:30 p.m.

 

Submitted by:
Lisa A. Turner
CRMC Recording Secretary

 

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