Latest APRA Request to the RI Attorney General - RIDEM - PRIX

Dr. ALBERT ALBA

Dear Attorneys on Record, Director Gray, Ms. Donna Conway, and Elected and Appointed Officials.

If there was no new lease on record, the RIDEM should not be receiving payment from PRIX. How can the RIDEM accept consideration in a monetary amount that is on record after the previous lease has been terminated? If no new lease has been issued, why is the RIDEM still accepting monetary payments for PRIX still occupying the leased land? A month-to-month lease would also constitute a new lease if PRIX is continuing to occupy the 5-acre parcel after the prior lease has been terminated. I am therefore appealing the RIDEM by noting a new lease has not been written. In addition, as the old lease agreement has been terminated and PRIX has been informed by the RIDEM that PRIX must exit the land as of August 1st, 2023, the RIDEM cannot allow PRIX to continue to occupy the property without a lease that would need to be approved by the State Properties Committee. (Please see attachment 1) . This email is also being sent to Donna Conway of the State Properties Committee. If the RIAG Office fails to escalate the above matter to the State Properties Committee, I will have to elevate the issue myself. However, by Ms. Conway receiving a copy of this email, it is my hope she will bring the matter to the State Properties Committee.

In addition, I requested a second APRA Request to know who from the RIDEM approved the following as stated on APRA Request (Please see attachment 2):

I would like all correspondence from those who approved and authorized the RIDEM would have to pay for the demolition of the Lighthouse Inn. I would like the justification on why the RIDEM is paying for the demolition rather than PRIX.

The above APRA Request was NEVER answered. I never received from the RIDEM any information from the RIDEM regarding who authorized the RIDEM would have to pay for the demolition of the Lighthouse Inn.

Therefore, the RIAG office needs to notify the State Properties Committee that RIDEM is circumventing the law by allowing PRIX to continue to operate its street parking lots on 2 of the 3 parking lots without either a lease in place or by a lease that has not been recorded and approved by the State Properties Committee. By the fact the RIDEM is continuing to receive payment from PRIX, the RIDEM is breaching its own laws by failing to uphold its own laws and it is failing in its fiduciary responsibilities as a State agency that is supposed to uphold the law. PRIX has created the worst health, safety, and environmental hazard on RIDEM leased land in the history of the United States. If this was any other business, the RIDEM would have issued fines, summoned into court, issued a cease-and-desist order, and removed the developer and would have charged the perpetrators as reckless endangerment. We had live seagulls facing their demise in the death chamber Procaccianti - Paolino created by intentionally abandoning the Lighthouse Inn. If the RIDEM continues to allow PRIX to continue to operate its parking lots on the 5 acre parcel, then the entire Staff from the RIDEM would need to be investigated for aiding and abetting a company that has caused great harm to all those who work, live, and visit Galilee. The Town of Narragansett's Building inspector cited and sent notice to PRIX that the building is a health, safety, and an environmental hazard. I am attaching Exhibit 2 - Attachment 3 for your records. I would add, Attorney Landry in his legal briefs erroneously stated the Town of Narragansett did not have the authority to perform its inspection. His statement is fundamentally flawed. The Home Rule and Dillon's Law allows a city or town to take matters into its own hands if a State Agency has failed in its fiduciary responsibilities when the health and safety of its residents are adversely affected by the State Agency failing to act to prevent harm or hardship to its residents. As the RIDEM had failed to order an inspection on its own,. the Town of Narragansett was completely justified in performing an inspection. One only has to look at past practice where the Station Nightclub Fire was not properly inspected. A city or town can be culpable if it fails to do an inspection if it is aware of a structure that is suspected of causing harm to its residents or its occupancy and the city or town fails to conduct an inspection and file a report as a result of all violations as a result of its inspection. My Godfather, Robert Voas. was the State's first fire marshal. I know my uncle would be disturbed by not being called in to do an inspection of the Lighthouse Inn when a city or town inspector found the building to be a fire hazard. The RIDEM should have ordered Chief State Fire Marshal David Pastore to perform a complete inspection of the Lighthouse Inn. While I emailed the Chief to do an inspection as far as I know, the RIDEM has failed to order the property inspected by the State Building Inspector or the State Fire Marshal. If the Town of Narragansett did not put the PRIX on notice of the gross violations of its property and order it to be demolished, the Town could be held liable for failing to report multiple violations in the Town's Building Codes that can result in harm or death if one enters the building. The State Fire Marshal is being sent a copy of this email. The State Building Code Commissioner, Mr. James Cambio is also being sent a copy of this email too. The reason I need to send this to all parties who are responsible to perform inspections on property on State leased land to put in place safeguards to prevent harm is because if God Forbid someone gets seriously hurt or dies as a result of the RIDEM failing to do its due diligence in ordering an inspection for property on its lease land after it has been put on notice the building is a health, safety, fire, and an environmental hazard, and if the noted Directors fail to perform their fiduciary responsibilities to perform an inspection and to order PRIX to have the building demolished, then no one can state they have not received notice of the precarious conditions of the Lighthouse Inn that can put any life in peril who may enter the Lighthouse Inn.

In closing, I do agree with Attorney Landry in noting, PRIX should be required to pay ALL legal fees and PRIX needs to be responsible to pay for all the demolition costs. In addition, the RIDEM should be imposing fines and summoning PRIX into court for reckless endangerment. Live seagulls have faced their death in the Lighthouse Inn. If any person or business entity creates an environment that kills wildlife, the RIDEM has the responsibility to fine and even impose a prison sentence against such perpetrators.

Respectfully Submitted,

Dr. Albert Alba