![]() Council unseals minutes concerning purchase of parcel abutting the Winnapaug water tank. |
The decision came roughly a week after questions first arose about the town’s decision to purchase the 154 Winnapaug Road property owned by Robert Ritacco, chairman of the Westerly Democratic Town Committee and a member of a number of local boards, and to pay him damages.
Unsealed March 24 meeting minutes reveal that councilors voted unanimously to offer between $250,000 and $275,000 to Ritacco for his 0.79-acre parcel and to leave the terms up to the attorneys.
This vote took place roughly six months prior to the council’s unanimous Sept. 22 vote to transfer $275,000 from the water department fund balance to a land acquisition account. It was later learned the town paid about $195,000 for the property and $80,000 in damages. The sales price was based on a May appraisal that put the property’s market value at $195,000.
Ritacco’s lot was one of nine properties tainted with lead paint flakes from the old Winnapaug water tank and Ritacco was one of four property owners to file lawsuits against the town, which was not covered because of a lead exemption in its insurance policy. The property purchased by the town is vacant and wooded, while the other properties are residential.
On Monday, Town Solicitor Steven Hartford said of the advertised Sept. 22 ordinance, “that ordinance did not authorize the purchase of property.”
He described it as “merely a formality” and an ordinance pursuant to the town charter allowing the transfer of funds. The purchase itself had already been authorized by councilors in the March executive session, he said.
Over the next six months, attorney John Turano, special counsel for the town, negotiated and finalized a settlement agreement, both Hartford and Turano said. The settlement agreement was signed on July 13 by both parties and the town manager, Turano said.
Councilors voted unanimously Monday to unseal executive session meeting minutes for three specific dates, including that March meeting. Councilor Samuel Azzinaro added the council should release any relevant documents back to 2003.
“Whatever’s out there from day one until today should be made public,” he said, joining other councilors in adding they have nothing to hide.
However, both Hartford and Town Clerk Donna Giordano, told The Sun they thought the matter was only discussed in executive session on those three dates. Giordano said a records search had been run on the name Ritacco. She said her staff planned to conduct more searches and to review the meeting tape recordings and release unsealed portions.
Former councilor Patricia Douglas had earlier in the meeting called on councilors: “Don’t release some if the information. Release all of it.”
This includes meetings dating back to 2005 and the tape recordings of the meetings, she said.
Douglas also dismissed comments by councilors at last week’s meeting calling on the solicitor to “re-examine” the ordinance as lip service.
“The ordinance cannot be changed. The ordinance cannot be reviewed. It is final,” she said, adding it could only be undone in court.
“Was the ordinance legal? I don’t think so,” she added. She said weekend real estate listings in a local newspaper did not specify the address for the property sale, instead referring to the property as Chin Hill Extension Lot No. 32.
“The issue is the secrecy that has shrouded this purchase,” Douglas told councilors.
And residents know why, she added.
“All the people in this town understand why and that’s sad,” she said.
The town wrote two checks dated four days apart, one for $196,826 to attorney Charles Soloveitzik for the purchase plus closing costs and one for $80,000 to attorney Vincent Naccarato for the agreed-upon damages.
“So even the checks don’t follow through with the ordinance,” Douglas said, pointing to the ordinance brought to the public on Sept. 22.
Councilor Christopher Duhamel said he would be happy to meet with Douglas.
“Because there’s absolutely nothing to hide,” he said, a point he restated several more times.
“The suit’s settled. This council made an agreement and I’m sticking to it,” Duhamel added.
He said there are no winners when it comes to the tank. While he said he did not think it was a “great” settlement, it was the best the town could do.
As for the Sept. 22 ordinance, Duhamel said, “Is that the right way to go about this? I don’t know that it is... I think there should have been a public hearing. There should have been more public input.”
He added, “There’s nothing the town gains by negotiating in closed session. I’m willing to bring a white hot spotlight on all of this...”
Hartford said “insinuations” and “misstatements” had been made.
He, too, said the town had nothing to hide: “It’s an open book. The town is an open book.”
He said he provided pertinent documents quickly to Douglas and he is proud of his record of providing requested public documents.
Hartford pointed to the meeting minutes as “very telling.”
“They show a Town Council trying to grapple with a very difficult situation,” he said.
He reiterated he was not directly involved in advising the council on the purchase. But he did draft the Sept. 22 ordinance.
“And yes, in retrospect... I think personally it would have been better for the ordinance to have more details...,” Hartford said. “Yes, that ordinance could have been more transparent and, yes, it should have been.”
But, he added, the purchase was made in the best interest of the town.
Hartford made no reference to the executive session vote when The Sun initially contacted him for comment earlier this month. Nor did councilors, including Duhamel, who were interviewed at that time. At that time, Hartford deferred comment to attorney Turano.
On Monday, Duhamel contended that he helped discover the tank site lead contamination and considerable correspondence has since been on the record.
“I’ve been living this since 2003... I’ve been working day and night on these issues,” Duhamel said, adding he has worked with the town engineer, utilities superintendent and town manager on the matter.
He said the town is working to reach agreements with the residential property owners and, added, “we are making good progress.”
Town officials have pointed to a recommendation by Thomas Nicholson, president of technical consultant C & E Engineering of Woonsocket, that it would cost less to purchase the property and remediate it.
Nicholson told The Sun his firm did not issue a report to the town. But he said he was asked for an opinion and provided an answer.
Nicholson said he initially discussed the purchase, “in a broad sense,” around a year ago.
“Let me make it clear,” Nicholson said. “I didn’t recommend buying it.”
He said Westerly officials asked if it would be more cost effective to buy the property and he responded yes, based on Ritacco’s expressed stance.
“He wanted it the way it was before we started,” Nicholson said of Ritacco. “Mr. Ritacco was very vocal about... getting the property back, and I believe he used the words, ‘in pristine condition.”
Nicholson said Ritacco had marketed the property as a salable lot and had received approval for a septic plan.
Contractors will now be able to clear cut the wooded, sloped lot, and fill areas to bring in large equipment. He said this also opens access to several residential properties to the south that must ultimately be remediated.
Nicholson said the state Department of Environmental Management approved a Site Investigation Report, or documentation of the scope of the contamination, which took some 18 months and received four rounds of comments from neighbors. They are now working to prepare nine separate remedial work plans, one for each property. Property owners must sign off on those plans. \
When it comes to how much the town is expected to save on remediation costs by purchasing the property, differing figures have been provided.
Duhamel said the consultant estimated it would cost around $235,000 to remediate the property if the town did not own the lot. With the town as an owner, he put the figure at $130,000.
In the March executive session minutes, the cost to remediate the property was pegged at $100,000 if the town owned the property and $250,000 if it did not, Turano told councilors. He also said that damages figure rises to $260,000 after factoring in 12 percent annual interest.
Nicholson said it is “very, very difficult” to quantify the expected cost to remediate the Ritacco property.
But, he said, based on similar projects, he put the cost at $150,000 to $200,000. The residential properties will vary based on size, geography and contamination. He said they projected two to three years ago it would cost around a half million dollars to clean up all of the off-site properties.
He said that while costs have escalated slightly, “it looks like a pretty good range.”
The town notified nine properties of contamination in 2003. The lead contamination is limited to the top layer of decayed soil in forested areas. No lead he said was found in cultivated, or lawn, areas. DEM regulations require the clean up to take place 6 to 10 inches below grade, Nicholson said.
The option to purchase these residential properties had been discussed in the “most broad sense,” he said. However, any future purchase of property would be “a last-ditch effort,” Nicholson said.
Nicholson said work on the Ritacco property has now been eyed for next spring.
“That will be the first one likely remediated,” he said, adding it will be more cost effective to the town if several properties are packaged for cleanup.
Comments not posted! wrote on Nov 4, 2008 5:42 PM:
Not a Panacea wrote on Nov 4, 2008 9:02 AM:
ITS MONDAY NIGHT wrote on Nov 3, 2008 8:32 PM:
Avondale Jane wrote on Nov 3, 2008 2:46 PM:
get ready "
VOTE OUT wrote on Nov 3, 2008 2:04 PM:
Greg wrote on Nov 3, 2008 1:36 PM:
I agree but where were Cooke & Duhamel during this whole thing? Chris Duhamel by his own admission orchestrated the whole Ritacco land deal. He loves dealing behind the scenes and he should go on Nov. 4th!
Greg "
Harry wrote on Nov 2, 2008 10:16 PM:
Nyb Mijerg wrote on Oct 31, 2008 2:22 PM:
Notting Hill wrote on Oct 30, 2008 2:53 PM:
Compensation For All? wrote on Oct 30, 2008 11:01 AM:
Build A School, Close A School wrote on Oct 30, 2008 9:38 AM:
Westerly Tax Payer wrote on Oct 30, 2008 9:12 AM:
building in disrepair.
You close a school a few years ago,
then build another one.
Now you are closing yet another school
and want another $30 Million.
You people are OUT OF YOUR MINDS!
WE'RE NOT A BUNCH OF IDIOTS YOU KNOW. "
Registered Voter wrote on Oct 30, 2008 8:45 AM:
We need more people to run for T.C.
Get out and vote on Nov. 4th!
WE NEED YOUR VOTE!
VOTE NO TO THE SCHOOL BOND!
VOTE FOR ALL NEW T.C. MEMBERS!!!!!!!! "
Bertmeister wrote on Oct 30, 2008 4:52 AM:
DISGUSTED wrote on Oct 29, 2008 10:30 PM:
Outta Towner wrote on Oct 29, 2008 10:18 PM:
Owner of Contaminated Property wrote on Oct 29, 2008 10:00 PM:
NORTH END TAXPAYER wrote on Oct 29, 2008 8:40 PM:
IF THE PEOPLE RUNNING THIS TOWN ARE WILLING TO GIVE HIM ALL THE EXTRA MONEY, HE SHOULD TAKE IT!!
LISTEN PEOPLE GET OUT AND VOTE AND ELECT NEW COUNCILS, THIS IS A DISGRACE. "
merihew wrote on Oct 29, 2008 5:31 PM:
Sealed Minutes wrote on Oct 29, 2008 4:44 PM:
The tendency to use closed meetings and then seal minutes is a problem throughout Rhode Island. Closed meetings and sealed minutes should be severely limited. Even contract negotiations should be available for public to watch. It's our money, not yours. Stop hiding. "
Avondale Jane wrote on Oct 29, 2008 1:53 PM:
they need to all ask questions we all have
maybe the town council president can set it up--like she did napratree point and the dogs.. "
Frankie 2 shoes wrote on Oct 29, 2008 1:46 PM:
Re: Joe the Plumber wrote on Oct 29, 2008 1:16 PM:
Westerly voter wrote on Oct 29, 2008 1:03 PM:
Joe The Plumber wrote on Oct 29, 2008 12:23 PM:
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