Old Colony & Newport RR Need your help, RIDoT & NDT

This is a local group, to me, that needs help, since they apparently are getting shafted by Rhode Island Department of Transportation.

For those not familiar with the Old Colony & Newport RR, OCNRR, they are a non-profit group that does excursion rides down the west coast of Aquidneck Island (Newport RI and north), approximately 10 miles long. IIRC, they have 3 operational locomotives (44 & 45 tonners), 2 restored coaches, a flat car and 2 cabooses. They have been in existence for 25 years, all by volunteer labor and effort. Currently they are the only volunteer group in New England offering year round tourist train rides. Also they have been heavily involved with the local fairs, events, and celebrations in the Newport area.

From what I have been told, RIDoT in no uncertain terms has stated that the Non-Profit (501-c3) OCNRR cannot operate the Newport secondary independent of the Newport Dinner Train (which they have been for 25 years and 3 versions of the NDT), and must become a functional part of the NDT, or close down, by November 19th 2004. All charters must be arraigned through NDT, NDT decides fare rates, OCNRR Volunteers will be mandated to work 500 volunteer hours for NDT, OCNRR must pay 30-60 dollars per trip on the line to NDT. Basically RIDoT is forcing the 25 year old OCNRR to become a division of the 8 year old NDT. Also OCNRR will be banned from operating during Easter, Mother’s and Father’s days and the June 9th-19th, basically their highest revenue dates.

This mandate by RIDoT may force OCNRR to relinquish their 501-C3 status, since their collected funds will be going to a for profit entity.

Also RIDoT has basically reclaimed ownership of the depot building that OCNRR has Restored, Upgraded, Repaired and Maintained for the last 25 years, placing a cease and desist order on needed repairs and maintenance to the building. Canopy was struck by an unknown tall truck, damaging the supports, which also turn out to have been weakened by rot.

OCNRR has been trying to correct this injustice with the RIDoT for a while, but the public release has just happened.

I am only relating the information presented to me, for clarifications, please contact either Peter Martin of Stacy House designs or ONCRR.

Regards,

Rich C.



http://www.ocnrr.com OCNRR Home page

http://www.stacyhouse.com/ocnrr_mainpage.htm Stacy House designs, OCNRR Page

http://www.stacyhouse.com/chamber.htm Power point presentation about this issue, needs internet explorer to run

I also posted this on the New England forum.

This sure is a sad turn of events for OCNRR. It looks like it is time or may be past time to locate a good lawyer.
NDT did a nasty run-around here and seems to have offered a good deal to the DOT.
What kind of an agreement did OCNRR have with the State? It looks like they have given generously to the State of their time and resources.
There is no need to quit or give up your 501c3 status. You have good equipment and serve a useful purpose even if you do not run train rides.
I would not advice you to sign the proposed agreement. A for-profit should not benefit from volunteer labor. You can lease or enter into an agreement to pay a for-profit for a service provided by them and not sacrifice your non-profit status. You should not (can not) give donated funds or assets to the for-profit entity.
This is the third dinner train outfit, right. I would sit this one out and wait for it to fold. You do need a place to store your equipment. Perhaps you can get an agreement from the DOT to build a siding on property that you can acquire, put up a small building, and operate as a museum. Note: I did say acquire. You need to own your own place by purchase or donation.
About the lawyer and the agreement, the DOT will usually let out contracts for operations on ‘their’ property for a specific period of time. Your agreement has apparently expired. You have been privileged to operate on State property for 25 years. Congratulations!! You have never acquired ownership rights. Good luck and hang in their but do not work for the NDT.

To the Friends of the Old Colony & Newport Railway:

The community support for saving the Old Colony & Newport Railway has been both overwhelming and heartwarming!

Many of our community leaders have made attempts to intervene in this decision which was made by the RIDOT management. Some of the information on which RIDOT has based its decision was simply erroneous. We are making efforts to provide them with accurate information [such as certifying to them that the OCNRR is properly insured - one of the OCNRR largest expenses is the insurance policy].

The community leaders know that the OCNRR has worked for 25 years to keep the Newport Secondary line open for future use. Many hours of volunteer labor are spent each year on clearing brush and picking up the trash. The OCNRR works each year with the local City Year program and the Newport Clean Cities program to clean the track of the accumulated trash.

OCNRR is a volunteer, 501(c)3 charitable organization. It is run by the nicest, selfless group on men with whom I have ever had the privilege of working.

The interest level in this issue is extremely high. The hit counter on my website www.stacyhouse.com has gone wild. There are emails coming to me from all over the United States. People cannot believe that a charitable organization would be forced to report to, and provide volunteer [non-paid] labor for the benefit of a commercial business.

I wish for nothing but the best for the Newport Dinner Train. Whatever plans the current operator of that commercial entity has will be review by the proper community boards and legislative bodies in due time.

Meanwhile, the Old Colony & Newport Railway is committed to keeping the Newport Secondary Line available for the 'best use' of the Aquidneck Island communities.

Thank you all for your overwhelming support of the Old Colony & Newport Railway and for your kind words.

Peter Martin

PS: to get the latest information on this issue, go to the Old Colony Railway section of www.stacyhouse.com, then click on 'Future in Question'.
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Stacy House Designs
One Willow Street
Newport, RI 02840
(401) 965 6137
Please visit my website at www.stacyhouse.com
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- all of my outgoing emails are scanned for viruses -
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Hi Friends

I am happy to join Don Elbert in announcing that the Old Colony & Newport Railway will operate this Sunday at its regularly scheduled times of 11:45 am and 1:45 pm.

This has been a long week of bringing the OCNRR message to the public, getting an overwhelming level of support from the community, getting specific assistance from many of our local elected leaders and City Officials, and drafting what we believe to be an operating agreement that will be fair to the OCNRR, the Rhode Island Department of Transportation, and the Newport Dinner Train.

The nature of the operating agreement and the names of those community leaders who came forward will be saved for a later publication. There are some specific negotiations that need to be worked out with RIDOT management. OCNRR has received an offer of pro-bono legal assistance from one of the island's leading law firms. We will allow this organization to 'close the deal'.

I would like to thank the OCNRR volunteers who kept me moving ahead with their encouragement. I would like to thank those community leaders who stepped up to help me during this process.

I would also like to thank the Newport Daily News and the Providence Journal for the articles that they published which brought this issue to the awareness of the citizens of Newport County and the railfans all over the country.

I would like to invite all interested parties to meet at the Depot this Sunday to celebrate with me by taking the 80 minute ride.

Sincerely

Peter Martin



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Stacy House Designs
One Willow Street
Newport, RI 02840
(401) 965 6137
Please visit my website at www.stacyhouse.com
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- all of my outgoing emails are scanned for viruses -
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