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Wednesday, September 11, 2013

Camp Davis Land transfer still stalled

Charlestown continues to plot strategy on state plan to grant land to the Narragansetts
By Will Collette

There has been lots of behind-the-scenes activity on the quietest big issues brewing in Charlestown. 

With no fanfare, the state Department of Transportation bought the 105-acre Camp Davis property from the Providence Boys and Girls Club for $1,650,000 with the intention of giving the land to the Narragansett Indian Tribe. 

The land transfer is compensation to the Tribe for the state’s disturbance and paving over of archaeological remains during the Providence I-95 viaduct project.

The town mobilized its on-call Indian fighter, former East Providence mayor Joe Larisa, who has spent the largest portion of his time over the past several months working on a way for the town to stymie this transfer.

Although the land would be under the jurisdiction of the Tribe’s historic and cultural office, not its housing and development office, the town has routinely treated any action by the Tribe as a hostile act.  

According to July 2012 through May 2013 billing statements to the Town from Larisa, Larisa spent more time working on the Camp Davis land transfer than any other activity.

The Camp Davis deal was used as a comparable property transaction
in the appraisal done for the town on the Whalerock deal.
I recently received Larisa’s bills covering his work for Charlestown in June and July. These bills show that Larisa spent every billable hour of his time, except for one hour, working on Camp Davis.

This work included a meeting with Governor Lincoln Chafee and numerous contacts with the Governor’s office before and after that meeting. Click here to read those bills for yourself.

Larisa charged the town $4,100 for his time during June and July, for 21 total hours of work, 20 of which were on Camp Davis for a cost to taxpayers of $3,905 at just under $200 an hour.

Meanwhile, the Council continues to meet in secret Executive Sessions on Camp Davis where the issue is referred to only by its tax rolls designation, “AP 19 Lot 75” rather than something like “Indian fighting.” 

This coded reference is in sharp contrast to the way the Council has been labeling its private discussions about Whalerock, where they give the property tax roll designation but also label it as “Whalerock.” This contrast raises the question - why is the town trying to conceal its closed-door discussions about Camp Davis?

The Narragansett Tribe has been patiently waiting for the Town to finish its jockeying for position with the Governor, saying that the matter is in the hands of RIDOT.

The town refuses to reveal its intentions. When I filed a request for any records dealing with the Town’s position on Camp Davis, I received this reply from Town Clerk Amy Rose Weinreich:

Email correspondence exists “regarding Camp Davis for the past 12 months”, but are exempt from disclosure in accordance with RIGL § 38-2-2 (4) (A) as they are “records relating to a client/attorney relationship”, RIGL § 38-2-2 (4) (E) as they are “records which would not be available by law or rule of court to an opposing party” and RIGL § 38-2-2- (4) (K) as they constitute “preliminary drafts, notes, impressions, memoranda and working papers and work products”

I did not challenge that denial of records. Litigation-related communications between an attorney and his clients is a recognized, legitimate exemption under the RI Access to Public Records Act unlike the more spurious denial of records claims by the town that are subject of a pending complaint to the Attorney General.

Amy’s answer does confirm that legal action by Charlestown to block the state’s land transfer plan to the Tribe is on the Town Council’s mind and has been discussed by the Council with Joe Larisa.

The one document the Town did provide to me was a letter from state Rep. Donna Walsh affirming her support for restrictions on the land so it cannot be used for development or gaming. The Tribe seems to have already made the decision to keep the land pristine by placing it under their historical and cultural office’s domain. Click here for Donna’s letter.