EAST PROVIDENCE — The City Council will procure the services of outside counsel as it considers the potential taking of the Metacomet Golf Club property on Veterans Memorial Parkway through eminent domain.

The council, at a special session held Tuesday, Dec. 15, formalized its decision to do so after it approved the hiring of the law firm Salter McGowan Sylvia & Leonard Inc. to help guide it through what all sides agree will likely be a timely and costly process of gaining proprietary rights to the 138-acre parcel currently owned by Marshall Properties.

The Providence-based outfit will report directly to the council, not through the City Solicitor’s office or other entity of the administration. Salter McGowan Sylvia & Leonard Inc. will charge the council $295 per hour for its services.

Ward 3 Councilor Nate Cahoon, who chose Salter McGowan Sylvia & Leonard as his preferred applicant and put the recommendation to the rest of the body for consideration, referred to the firm’s “specific expertise” and experience with the process as key to his opinion. He made specific mention of firm attorney Harris K. Weiner and his extensive background in eminent domain litigation.

The vote was not unanimous. The final tally was 4-1 in support of the measure.

Ward 4 Councilor Ricardo Mourato opposed retaining Salter McGowan Sylvia & Leonard making a passing reference to its connection to state government.

Besides previous work on matters pertaining to the state Department of Transportation and the Rhode Island Airport Corporation, Mr. Weiner also serves as counsel to the office of the Rhode Island Senate Minority Leader. 

Four firms responded to a recent Request For Proposal (RFP) initiated by the city on behalf of the council. Mr. Mourato’s preference was Cervenka Green & Ducharme LLC.

“The reason for that and when I looked at the resumes submitted, I’m really hoping the council chooses an attorney who is unbiased and is not political or any type of assumptions and connections in the state,” Mr. Mourato said prior to the vote, adding the council should hire a firm “that is neutral…completely out of city and state politics. So that way when we do get our answers everyone is confident and reassured those are the answers.”

Mr. Cahoon said he came to his determination, in part, using a scoring metric similar to those he’s had used professionally in state and federal government. He noted Mr. Weiner’s knowledge of how eminent domain works, including his participation in formulating legislation on the subject in the General Assembly.

At-Large Councilor Bob Rodericks, who as he has in past discussions on the subject, expressed his reservations about hiring counsel rather than just seek the services of an appraiser independently.

Though he eventually supported the hire, he proposed capping the expenditure at $75,000, which was also approved as part of the vote. The $75,000 figure was not arbitrary. It is the amount set aside by the council for legal services in the current Fiscal Year 2020-21 Operating Budget.

Likewise, Council President and Ward 1 representative Bobby Britto, a fierce opponent of obtaining Metacomet through eminent domain, acquiesced to his colleagues and voted to hire Salter McGowan Sylvia & Leonard.

Mr. Britto prefaced his vote, saying he had initiated conversations with all of the RFP respondents and nearly each told him how difficult it would be to take over the Metacomet land through the process.

Mr. Britto and Mr. Rodericks also put forth Salter McGowan Sylvia & Leonard as their top choice.

Ward 2 Councilor Anna Sousa said she found the resumes and ensuing discussion enlightening, but declined to state which was her preferred firm. She did, though, join the majority in voting for Salter McGowan Sylvia & Leonard.

Last week’s actions came after the RFP scenario was also broached at the council’s December 8 meeting. The item was placed on the agenda by Mr. Mourato initially for a discussion that evening.

However, between the council’s last November meeting and the first of this month, Mr. Britto reached out to the administration to initiate the RFP process. The council president did so on his own, not based on a formal consensus of the body.

In fact, Messrs. Britto and Rodericks declined to revisit the topic in late November when Ms. Sousa, missing from those proceedings earlier, was present following a vote and exchange on the matter then.

That tally finished 2-2 with Messrs. Britto and Rodericks opposed and Messrs. Cahoon and Mourato in favor. Ms. Sousa indicated then she would have support the hiring of outside counsel.

“Let me just make myself clear with any misunderstanding about the RFP,” Mr. Britto explained two weeks ago.

He continued, “By no means was anything done maliciously. I thought at that point and time after the meeting it was obviously and more important evidently the direction was that the council wanted to hire an attorney. As we all know I do oppose hiring an attorney for the all the reasons I’ve stated, but I won’t get into that now.

“However, by requesting or asking the city solicitor to put out an RFP, it would just expedite it. That’s all. That’s all I was looking at, just to expedite the process because if we didn’t, if I didn’t, we wouldn’t be having the discussion about the four attorneys that had presented their proposals to us today.”

Mr. Cahoon said he had no misgivings about Mr. Britto’s actions, adding “I for one am happy that you did this.”

He continued, “We’re in the driver’s seat now in being able to evaluate resumes and have the opportunity to choose and take a vote.”

“I don’t think the council president did anything untoward”…he was “reading the tea leaves,” Mr. Cahoon added.

Mr. Mourato agreed, saying he did not believe Mr. Britto had done anything in a “nefarious way.”

He reiterated the eminent domain process was new to all members, saying it was “uncharted waters” and noted the “importance of having this (legal) guidance.