ROW SUBCOMMITTEE MEETING

Tuesday, October 08, 2024; 4:00 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 May 28, 2024

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

2. Staff Report — None

3. Hear and decide motions and objections filed by the parties

Spring Avenue Right of Way - CRMC File # 2020-11-084

At the recommendation of Mr. DeSisto, the Subcommittee decided that each Motions would be reviewed and acted individually.

Richard Langseth made oral argument on his Motion to Intervene.

Mr. Langseth stated that he submitted his Motion to Intervene as a procedural
intervention to protect his rights.

Mr. DeSisto summarized that Mr. Langseth was seeking to Intervene because he is concerned as to how long it is taking to move this matter along and he wants to insure a timely disposition in this matter.

Mr. DeSisto advised the Subcommittee that an action would be to either grant the motion or to deny the motion to Intervene.

Mr. Gagnon thanked Mr. Langseth for his concern but stated that the Motion to Intervene did not rise to the standard for this matter; and therefore, motioned for the Subcommittee to deny the Motion to Intervene.

Ms. Reynolds seconded Mr. Gagnon’s motion.

Chair Coia polled members:
Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Coia Aye

Motion carried to deny the Motion to Intervene by Mr. Langseth.

Joseph Farside, Esq. representing Weekapaug Fire District (WFD)

1. Mr. Farside: Motion to Issue Subpoena to Matthew Ferraro

Reason: Mr. Ferraro was a source on information for Spring Avenue Extension. WFD would like to depose Mr. Ferraro to see what he knows, or he could disclose others that might have information and will come forward to be deposed.

Michael Rubin, Esq. stated that on behalf of Caroline Contrata, there was not an objection to the Motion to Depose Mr. Ferraro. However, they did not think it advisable to have a person deposed that has knowledge to find information that they may have at one time seen.

Mr. Farside claimed that per RIGL 46-23-20.6 the subcommittee could issue a subpoena. After looking at 46-23-20.6, Mr. DeSisto corrected that the Executive Director as well as the hearing officer had the authority to issue a subpoena. Mr. Farside agreed that the correct procedural approach would be to direct the Executive Director to issue the subpoena. Mr. Rubin expressed concern that they did not want the witness to be burdened with tracking down information.

Ms. Reynolds motioned for the Subcommittee to ask the Executive Director to issue a subpoena.

Mr. Gagnon seconded the motion.

No discussion.

Chair Coia polled members:
Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Coia Aye

Motion carried to for the issuance of subpoena to Matthew Ferraro

2. Thomas Liguori: Motion to Issue Subpoena to Save The Bay

Asked the Subcommittee to direct the Executive Director to issue a subpoena to Save The Bay based on comments to CRMC with respect to this matter from letter of November 17, 2021. Mr. Liguori stated that a revised letter was submitted by Save The Bay on January 12, 2022 deleting a statement that they were aware of Save The Bay supporters using this right of way for decades. Mr. Liguori stated that Save The Bay asserted that they wrote the statement of use in error.

The Town of Westerly, Caroline Contrata and the RI Attorney General’s Office objected to the request to issue eeeesubpoena.

The Subcommittee asked for clarification on the subpoena. Mr. DeSisto stated that the subpoena duces tecum would be issued to the Keeper of Records. Mr. Liguori stated that the letters were executed by Topher Hamblett the Executive Director of Save The Bay and that he would ask that the subpoena be issued to him on basis of fact and duces tecum.

Mr. Gagnon motioned, erring on the side of caution, to ask the Executive Director to issue a subpoena to Save The Bay for a deposition. Chair Coia seconded the motion.

No Discussion

Chair Coia polled members:
Mr. Gagnon Aye
Ms. Reynolds No
Chair Coia Aye

Motion carried to ask the Executive Director to the issue subpoena to Save the Bay.

3. Mr. Farside: Motion to issue subpoena to RI Saltwater Anglers Association (RISAA)

On the basis that RISAA submitted a letter of comment dated November 30, 2022 to CRMC regarding their support to the approval of the SAE ROW on the basis of fishermen having access to the area during certain hours. Mr. Farside stated that they wrote to RISAA and asked for a response and basis for claims. Mr. Farside stated they are now asking for subpoena to be issued to ask what information they have.

Caroline Contrata, Town of Westerly and RI Attorney General’s office object to the motion based on the letter having no evidence being offered only a statement of opinion by a citizens advocacy group. All three parties feel that the request for subpoena is to intimidate people.

Mr. DeSisto explained that there was a difference in the letters from Save The Bay – question of fact, and RI Saltwater Angler Association – statement of opinion.

Mr. Gagnon motioned that the subcommittee deny the request to subpoena the RI Saltwater Anglers’ Association.

Ms. Reynolds seconded the motion.

Chair Coia polled members:
Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Coia Aye

Motion carried to deny request to issue subpoena to RI Saltwater Anglers’ Association.

4. Mr. Farside: Motion to Strike Expert report offered by Justin Shay.

Mr. Farside quoted the RI Rules of Evidence for testimony by an expert, and then stated that the witness must bring technical, scientific, or other specialized knowledge and testimony must be helpful to the Subcommittee. Mr. Farside stated that Mr. Shay’s testimony goes to legal conclusion and interpretation of case law and not a report with opinions.

The Town of Westerly, Caroline Contrata and RI Attorney General’s Office object to the Motion to Strike Expert report offered by Justin Shay.

Ms. Reynolds motioned to deny the motion to strike Justin Shay’s expert report.

Mr. Gagnon seconded the motion.

Chair Coia polled members:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried to deny the motion to strike Justin Shay’s expert report.

5. Mr. Farside: Motion to disqualify Ms. Cornacchia as an expert and strike expert report.

Mr. Farside: Ms. Cornacchia, who reports to be a qualified as an archivist, presents another instance of an expert witness who's being attempted to be used to do more than she's qualified to do.

Ms. Cornacchia has offered eight to ten different packets that purport to have a sequence of documents with her markings and color coding on them. We're moving to disqualify all of them and move to strike the entirety of her report. Other examples are documents with highlighting on them, documents with maps and figures with arrows to point at things that she finds interesting.

Mr. Rubin explained that Ms. Cornacchia was the Chief Records Manager for the Naval War College giving archivist and records management status.

Mr. DeSisto suggested to the subcommittee to reserve on this motion and on accepting report at this time.

Mr. Gagnon motioned to reserve action on Motion to Strike.

Chair Coia polled members:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried to deny the motion.

6. Mr. Farside: Motion to Compel Caroline Contrata’s production of documents and information.

Mr. Farside explained that Ms. Contrata has lodged significant objections based on work-product doctrine that does not cover the time when she was acting in the capacity as Attorney Rubin’s investigator. The Weekapaug Fire District has issue with Ms. Contrata's refusal to disclose individuals that she met with and discussed Spring Avenue Extension with in some substantive way when she was not acting as Mr. Rubin's investigator. Ms. Contrata also objects on grounds of governmental intrusion.

Mr. Farside stated that they are looking for a list of the identities of individuals Ms. Contrata met with and discussed SAE with during a time when she was not acting on as Mr. Rubin’s investigator.

Mr. Rubin explained that he had asked Ms. Contrata to be his volunteer investigator on or about April 1, 2022. Mr. Rubin stated that Ms. Contrata did not try to located witnesses prior to April 1st. All conversations of SAE were casual, familial-type conversations.

Mr. Rubin expressed concern that the WFD is trying to benefit from his and Ms. Contrata’s work in gathering information.

Mr. Farside offered that the WFD withdraw this motion and work with Mr. Rubin.

7. Mr. Farside: Motion to Compel Deposition Testimony of Expert Witness J Priestly.

Mr. Farside explained that this is a motion to compel testimony that was withheld at Mr. Priestly’s prior deposition which was suspended because he was instructed not to answer questions about meetings he had with Save The Bay about the content and substance of Mr. Priestly’s expert report which was funded by Save The Bay. Mr. Priestly is an expert witness for Ms. Contrata. Mr. Priestly was instructed not to answer certain questions about meetings with Save the Bay based on common interest privilege.

Mr. Rubin stated that the meeting which was held in January of 2024 was about finances and was attended by Mr. Priestly, Ms. Beaver, STB Attorney and Mr. Rubin.

Mr. Farside disagreed with the reasoning and was concerned that they pointed out in one motion that Save The Bay has no interest and then are claiming that they have common interest.

Mr. DeSisto stated that an earlier motion to depose Save the Bay was granted and that this motion could be denied without prejudice.

Ms. Reynolds motioned to deny this motion to compel deposition testimony of expert witness J Priestly without prejudice.

Mr. Gagnon seconded the motion by Ms. Reynolds.

Chair Coia polled members:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried to deny the motion to compel deposition testimony of expert witness J Priestly without prejudice.

The Subcommittee discussed reconvening at the next Subcommittee meeting and hearing remaining motions.

4. Adjournment:

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

Meeting adjourned at 6:00 p.m.

 

Submitted by:
Lisa A. Turner
CRMC Recording Secretary

 

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