Judge to issue ruling on part of the Donoghue v. Charlestown “Y-Gate” case

Y-Gate lawsuit to continue
Also, more from Avedisian testimony

By Will Collette

After a Town Council majority (Boss Tom Gentz, Gregg Avedisian and Marge Frank) voted at its February 13 meeting to give $475,000 of your tax dollars to the Charlestown Land Trust so it can buy the derelict and abandoned Westerly YMCA camp, the deal was “put on hold” by a lawsuit by Dr. Jack Donoghue.

Dr. Donoghue charged the Council violated the state Open Meetings Act by failing to give the public proper notice that they planned to vote on a big money deal on February 13.

Donoghue also charged that the ad hoc group chaired by Councilor Gregg Avedisian – the group dominated by the very same interest groups who stand to gain from the Y-Gate deal, such as the Charlestown Land Trust, Westerly YMCA and Sonquipaug Association – completely ignored its legal obligations under the Open Meetings Act. They did not post their meeting schedule or their agendas.

Sonquipaug leader Joanne D'Alcomo pushed
onto the committee even though she is not
a Charlestown resident

According to Avedisian's sworn statement, the final shape of the ad hoc group was due to "some request by [Planning Commissar] Ruth Platner and [Sonquipaug Association leader] Joanne D'Alcomo that the Council form a working group" so that non-residents could be members. 


Normally, town committees must be comprised of residents, but according to Avedisian's testimony, the Westerly YMCA and the Sonquipaug Association could not come up with a permanent resident to serve on the committee. So they needed a different structure to skirt the town's normal policy.

That wasn't the only normal policy this ad hoc group skirts. In addition to not posting agendas, according to Councilor Avedisian’s sworn testimony during a deposition, they didn’t even bother taking minutes.

Avedisian testified that the group may have held four to six meetings. He wasn't sure. When he was asked if any "members of the public" attended those meetings, Avedisian said that he recalled Malcolm Makin, chief of the Westerly YMCA's Board, "and a couple of additional members from the Land Trust...and that's all I can recollect."

Avedisian was asked if this advisory panel was involved in writing the grant application to DEM, the one where an award of $367,000 in state funds is pending. Avedisian said he didn't know. The authorship of this grant application is in dispute. At one time, Commissar Platner took credit for writing, but later denied it.

Avedisian was asked if the advisory group was involved in the controversial appraisal - the one based on "hypotheticals known to be false." Avedisian said "I'm not really sure. I mean, I don't know who ultimately produced the appraisal. My recollection is that the appraisal was in existence before the group was formed. [emphasis added]"

Avedisian also admitted under oath that not only is the Town accepting the appraisal based on assumptions known to be false, but that the Town has not done its own appraisal to determine the value of the conservation easement - current price to the Town, $398,000. Avedisian said he wasn't aware the Charlestown Land Trust told IRS that it considers such easements to actually be liabilities.

According to Avedisian’s sworn statement, this ad hoc group crafted the final report and recommendations for the Town Council. Avedisian said Russ Ricci of the Charlestown Land Trust actually wrote the resolution and gave it to Avedisian to present to his colleagues on February 13. He did, and they approved it on a 3-1, 1 abstention, vote.

The judge announced on Tuesday that he will give a ruling soon on the claim of open meetings violations at the February 13 meeting, but will allow the case on the ad hoc group’s alleged (but obvious, in my opinion) violations of the Open Meetings Act to continue with more discovery.

That means more of the Y-Gate Players may go on the hot seat to be grilled over how this whole sordid deal was put together.

Boss Tom Gentz is now driving the Y-Gate deal

Unless, of course, Y-Gate dies at Monday night’s continuation of the Town Council’s June meeting. 

On the agenda are the two resolutions (click here and here) being pushed by CCA Council President, Boss Tom Gentz. 

As I have reported, Councilor Avedisian is the swing vote.

At the February 13 Town Council meeting, before the vote was taken, Avedisian made the statement that he was voting YES for the Y-Gate deal because of the lack of public opposition to it. This remark was booed by the audience since just about every speaker on the subject – other than the actual Y-Gate Players who stood to gain from the taxpayer heist – condemned the deal.

But it comes down to Avedisian's vote

Months have passed and the Council members, especially Avedisian, now know that there is overwhelming opposition to Y-Gate, that the Y-Gate price was based on a fictitious appraisal, that the Charlestown Land Trust places no value on the conservation easement it wants to sell Charlestown for $398,000 and that the state DEM will likely not release the $367,000 grant it had approved.

If Gregg Avedisian votes NO on Monday, and the Y-Gate deal fails, then the Donoghue case may become, as the lawyers say, “moot,” though it certainly did a great job at keeping the town from rushing into a terrible deal.

But if Avedisian votes YES and there are two other YES votes to give taxpayer money away on this shabby deal, then count on the fight continuing through the long, hot summer until voters have the opportunity to kick this Council out.