Fateful Years 1972-1985
I. Background to Controversy
Conservation versus Development
Considerable disputation and turmoil surrounded the change in ownership of Sachuest Point from the Navy to the Department of the Interior's Fish and Wildlife Service during these thirteen years 1972-1985. The dispute resolved itself essentially into an argument between those favoring conservation and those favoring development, not shopping centers and housing projects but rather development for recreation such as playing fields, hockey rinks, museums,etc. A number of agencies and individuals became involved in the controversy including the Fish and Wildlife Service, Naval Education and Training Center (NETC), General Services Administration (GSA), which handled excess government property, General Accounting Office (GAO), investigative arm of Congress, the Town Council of Middletown and several groups of concerned citizens as well as legislators and bureaucrats from Washington. Sachuest Point became the center of attention for a wide spectrum of feuding partisans.
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Middletown Speaks
Responding to news that the Navy would abandon Sachuest Point, the Middletown Town Council (Dennis J. Murphy, Jr., Democrat, President) passed a resolution on 12 September 1972 describing the land on the Point as ideally suited for public recreation and recommending that the area be transferred from the Navy Department to the Town of Middletown - 184 acres. The resolution cited President Nixon's program for turning over excess Federal property to the states and municipalities. Certainly the Town owned a legitimate interest in obtaining this choice recreational acreage located within its boundaries. Implicit in the Town's effort to obtain Sachuest Point was its plan to develop the area for recreation.
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Sachuest Point Divided
The Navy found itself caught in the 1973 nation-wide cutback of the Armed Forces. Even though the Communication Station at Sachuest Point had become the third busiest in the Sea-Service, Sachuest Point had to go. On 28 September 1974 the Providence Journal reported that the Navy had declared parcels of 50 and 27 acres in excess of its needs, these parcels located at the northern and southern ends of Sachuest Point respectively. (Acreage figures tend to vary from account to account. The 27 acre parcel mentioned above elsewhere becomes 32 acres and again after a survey 22.1 acres). The 107 acres in the center of the Point were not mentioned. Controversy influenced the destiny of all three parcels.
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Sachuest Neck
Associated with the disposal of the land on Sachuest Point was the situation existing on the neck of land leading to the Point, 72 acres (also reported as 74 and 75 acres), largely marshland, owned by Fish and Wildlife Service and called by it Sachuest Point Fish and Wildlife Refuge, something of a misnomer as the refuge was not located on the Point. The Fish and Wildlife Service had already become involved in controversy with the Town of Middletown over the presence of a dump (being changed to a rubbish transfer station) located on the Neck and over Town encroachment on Refuge lands by their trailer park. This Neck area included the highly valued Third Beach on the northeast side and on the southwest side several hundred yards of Middletown's handsome Second Beach. On 7 June 1967 St. George's School, located not far from Sachuest Point, had sold the Neck area and beaches to the Audubon Society, which in turn had donated the acreage to the Fish and Wildlife Service on 3 November 1970.
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Third Beach
The valuable Third Beach area would remain a key element in the solution to the problem of land ownership at the Point and Neck. Although the term 'Third Beach' is used to describe that portion of the beach owned by Fish and Wildlife Service, the beach itself extends northerly for several hundred yards beyond the Government boundary, this northern portion owned by private individuals or trusts. On a small 1.9 acre portion of the Fish and Wildlife beach the Navy operated a beach club, permission to do so granted the Navy by St. George's School in 1947. After the Audubon Society donated the land to the Fish and Wildlife Service in 1970 the club continued to operate without formal permission. Additionally, on the edge of the Government beach various private citizens had built small cabins or bath houses and St. George's School had constructed a boat ramp.
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Deadline
Differences between the Town, the Navy and Fish and Wildlife Service were brought to a head by Richard E. Griffith, Regional Director, Fish and Wildlife Service, who established a deadline of 30 September 1975 for closing the rubbish transfer station and ceasing to use the Navy beach club and private cabins. As an added irritant he informed Middletown that the Department of the Interior had formally applied for the 50 acre parcel at the northern end of Sachuest Point and was considering applying for the 27 acre parcel at the southern end, land which Middletown looked forward to owning and developing for recreation. In fact, Middletown had moved ahead with its plans by leasing the 27 acre parcel from the Navy.
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Two Opinions in Middletown
Griffith's deadline and Interior Department efforts to obtain land on Sachuest Point aroused the ire of certain Town officials and private citizens. The Town Council (Robert M. Silva, Democrat, President) asked the State of Rhode Island to help in obtaining the excess Navy land. Middletown's State, Thomas J. Rodrigues, wrote to U.S. Senator John 0. Pastore complaining bitterly about the treatment afforded Middletown by the Department of the Interior. Silva and Rodrigues felt that, if Fish and Wildlife Service owned the land, it could ban the citizens of Middletown from even visiting Sachuest Point. However, Republican Council member, June Gibbs, followed Rodrigues' letter with one of her own, rebutting Rodrigues' criticisms and stating that the Department of Interior was doing what the people of Middletown wanted it to do. This based in part on the result of a referendum of November 1969, on whether or not to build a large marina at Third Beach,voted down by the citizenry two to one.
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Fishermen
One constituency deeply concerned with the situation at Sachuest Point was the fishermen of the area, who used the rocks and beaches of the Point to carry on their favorite pastime, night and day, throughout the year. They wanted access and exerted political pressure to ensure that
whatever agency ended up with ownership of the Point, fishermen would be welcome. Their letter of 25 February 1975 from the Newport Salt Water Fishing Club included an offer to clean up the litter on the point, blame for which they placed elsewhere. The Fish and Wildlife Service addressed the fishermen's concerns in its study completed in April 1975. The Service recognized salt water fishing as an important recreational activity. "Refuge lands will be involved as a support for this activity since the fishing waters are beyond refuge boundaries."
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Fish and Wildlife Service Describes the Point
The aforementioned study included some useful descriptions of the area. At this time, April 1975, The Sachuest Point National Wildlife Refuge included only the 74 acres of Sachuest Neck and portions of Second and Third Beaches. The Fish and Wildlife Service hoped to add the 184 acres of Sachuest Point to their Neck holdings, giving the envisioned refuge. a total of 258 acres. The study described Sachuest Point as an oval island, essentially, reaching forty feet in elevation, with a tumbled rock shoreline and rounded gently sloped interior, described Sachuest Neck as a marshy isthmus, whose waters had turned to brackish from salt because man had limited the tidal flow. The upland portion of the Point was largely covered by mixed brush, bayberry, poison ivy, wild rose and other plants. Migratory water fowl used the waters bordering the Point particularly eider, scoter, and old squaw ducks. A wide variety of birds used the Point for nesting and as a stop on their migrations north and south. Fox, raccoon and skunks lived in the area as well as rabbits and voles, all in all a fine place for a wildlife refuge.
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U.S. Navy Position
In his letter of 5 May 1975 Captain Howard Kay, commanding officer, Naval Education and Training Center, reviewed the situation at Sachuest Point and Third Beach, outlining the Navy's position on the disposal of the excess acreage there. Kay wrote that for two years, since 1973, the Navy had been moving to declare Sachuest Point as excess. For this purpose they had divided the Point into three parts, namely the 32.1 acre parcel at the southern end, previously licensed to Middletown and presently declared surplus, awaiting disposal by GSA. (The General Services Administration received title to excess Government land and determined its disposition). The 50 acre parcel at the north end, also, declared surplus and awaiting disposal by GSA. The 107 acres in the center, former site of the Naval Communication Transmitter Station, not yet declared surplus. As the Department of the Interior had not made clear the continued availability of the Navy Beach Club on Third Beach, the Navy would retain possession of the 107 acres as a possible recreation site.
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II. All's Well That Ends Well
Battle Lines Drawn in Middletown
Battle lines were drawn in Middletown between those who favored Town ownership of Sachuest Point to include development of the Point as a recreation area and those who favored Department of the Interior (Fish and Wildlife Service) ownership of the Point and Neck with use restricted to a wildlife refuge. Lee Gardner and Jeanette Spinalski wrote to the membership of the Norman Bird Sanctuary group (30 May 1975) outlining what they believed to be the Town's plans for developing the Point, namely to include a natural history museum (in the former Navy Headquarters building), an outdoor amphitheater, baseball diamond and ice hockey rink. Gardner and Spinalski urged members of the Bird Sanctuary to sign petitions opposing this development and supporting the Fish and Wildlife Service's refuge. (The Bird Sanctuary land came very close to the Point area). On the other side Town Council President Silva assailed Secretary of the Interior, Thomas S. Kleppe, in a letter to Rhode Island Senator John 0. Pastore (1 December 1975), alleging that Kleppe had violated the interests of the Town of Middletown, presumably by pushing for a wildlife refuge at Sachuest Point. Silva and his proponents had a deep concern for Middletown's interests, but they seemed unaware of the Federal Law which directed that, when Federal land
was declared in excess, all Federal agencies would be screened to see if any had a need for the land before it was made available to the states and towns. Silva apparently had no wish to ally the Town with the Navy in this dispute with Fish and Wildlife Service, writing that he wanted the Navy Beach Club out of Third Beach and wanted all of Sachuest Point for Middletown. The Town did respond favorably to a Fish and Wildlife request for removal of the trash collection station from the Neck, promising to comply by 6 November 1975.
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Friends of Sachuest Point
Opponents of Middletown developing the area organized themselves into the Friends of Sachuest Point to include,in addition to citizens of Middletown,Island Ecology, Newport Garden Club and Audubon Society of Rhode Island. Leaders of the Friends, Richard Sayer and James W. Kirby, explained to the membership in March 1976 that they wished to force the GSA to abide by the Federal Properties Act, described above. The Friends had no objection to Middletown retaining the 32 acres at the southern end of Sachuest Point, presently leased from the Navy, but opposed the Town taking over the additional 107 acres in the center.
The Friends wanted restrictions placed on the use of the 32 acres, limiting activity there to "passive recreation", compatible with a wildlife preserve. They were prepared to go to court to prevent GSA from transferring this large segment of the Point to Middletown.
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Town Council Position
Town Council resolution of 7 September 1976 laid out the position of the Democratic majority on the Council:
- Wanted to acquire all Navy land on the Point declared surplus by the Navy, but were willing to compromise on the 107 acre parcel with the Town receiving only a portion of the acreage.
- Objected to the twenty year agreement allowing Fish and Wildlife Service to lease the 107 acres from the Navy.
- Believed the Navy should be allowed to keep the 1.9 acres on Third Beach for a Beach Club.
- Felt that the Fish and Wildlife Service lacked the capability to regulate and maintain properties on the Point.
- Asked for an investigation of the situation at Sachuest Point by the GAO (General Accounting Office, investigative agency of Congress).
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Report of the GAO
The Town Council suspected a deal between the Navy and the Fish and Wildlife Service assigning the 107 acres in the center of Sachuest Point to Fish and Wildlife in return for the Navy's continued use of Third Beach. In response to the Council's plea Congressman Fernand J. St. Germain, representing Middletown as well as other localities in his District, persuaded the General Accounting Office to look into the dispute over Sachuest Point. The GAO released its
report in May 1977, reviewing the case and revealing the latest actions of the GSA in its efforts to wrap up this tangled affair:
- Navy owned 184 acres at Sachuest Point.
- Abutting this is a wildlife refuge (Sachuest Point Neck), which the Audubon Society donated to the Fish and Wildlife Service in 1970.
- This refuge included 1.94 acres (on Third Beach) leased to the Navy as a Beach Club, which the Navy continued to use after transfer of the Neck to Fish and Wildlife.
- In 1973 the Navy began closing down the Communication Station (on the Point) and taking steps to declare the land on the Point as excess. The 184 acres were divided into parcels of 32, 50 and 102 acres.
- GSA, charged with disposal of excess Government property, transferred the 32 acre parcel at the southern end of the Point to the Town of Middletown for park and recreation use (1 July 1976) as part of President Ford's Legacy of Parks program.
- Transferred the 50 acre parcel at the northern end to Fish and Wildlife Service for use as part of the wildlife refuge already established on Sachuest Neck. The 50 acre parcel would abut the 75 acre refuge. (20 August 1976).
- Took no action on the 102 acres in the middle of the Point, still held by the Navy, but leased to Fish and Wildlife Service as a refuge.
- The Navy will not declare the 102 acres as excess until assured of continued permission to use Third Beach for their Beach Club.
The GAO criticized all Governmental agencies involved in this dispute and made recommendations aimed at ending the argument.
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Resurgent Republicans
Having elected three members to the seven-man Town Council in 1976, and apparently feeling confident of future success at the polls, the resurgent Republicans, although. still a minority, composed a letter to the GSA Regional Administrator, dated 5 June 1978, in which they recommended that the entire Sachuest Point be turned over to the Fish and Wildlife Service in exchange for the unrestricted use by Middletown of Third Beach, letter signed by June Gibbs, Edward R. Corcoran and Mary N. Nunes. Here speaks good sense. The Town needed Third Beach and could control, secure and protect the beach for use by Middletowners and others. Fish and Wildlife Service would have its wildlife refuge of 258 acres (less the 8 acres of Third Beach), long hoped for, and which, it was believed the Service could manage properly for
the benefit of both humanity and wildlife. The Town Republicans did not address the problem of the Navy Beach Club at Third Beach.
Although each citizen of Middletown made up his/her own mind on the issue, politically the Democrats favored development (for recreation), the Republicans conservation. Some irony appears in the reversed positions of the two parties nationally today (1995 wherein Democrats favor
conservation and Republicans development. We should not attempt to demonize either side. Democrats on the Town Council no doubt felt that their plans would result in lasting benefits for the citizens of Middletown, Republicans that all would be better served by conservation at the Point and Neck.
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Development Loses Out
Relations between Middletown and Fish and Wildlife Service were not always acrimonious. In his letter of 7 July 1977 the Refuge manager reported to Town Manager, John Fitzgerald, that public use management of the 32 acres at the southern end of Sachuest Point was working well(management by the Town). The Town's actions had reduced law enforcement problems for the Refuge. Fish and Wildlife Service complimented Police Chief Homen and Public Works Director Jacome. This single ray of light could not change the otherwise dark picture of Middletown's involvement on
Sachuest.
Partly because of vandalism in the area, the Town Government changed its mind on trying to develop Sachuest Point as a recreation center and agreed that a multi-use approach was wrong. A memo from Fitzgerald to the Refuge manager of 26 July 1977 stated that Middletown would not
proceed with development at the Point. Fitzgerald believed that the Refuge and the Town's 32 acre parcel must be considered as one. (As a follow on to this came the decision to demolish the old observation towers on the Point, described as an attractive nuisance).
In November 1978 the Republicans won control of the Town Council, electing June Gibbs as President. This development translated itself into action regarding Sachuest Point. On 21 May 1979 the Council voted to withdraw Middletown's request for the 107 acre central parcel on the Point. In response the Regional Director, GSA, wrote to inform Mrs. Gibbs that the land in question would soon be transferred to the Fish and Wildlife Service. We assume that the Navy had been reassured as to its continued use of Third Beach and had consequently released (in 1979) the 107 acres as excess.
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Town and Service Agree to Swap Land
Middletown struggled with the administration and control of its 32 acres at the southern end of Sachuest Point. The Town Conservation Commission reported on 16 April 1980 that the Point was vulnerable to misuse and made recommendations such as daylight use only (except for fishermen), position a security gate at entrance, post restrictions and fines in plain view, etc. This report received approval from the Middletown Police Chief and the manager of the Refuge. The
report, also, gave encouragement to those interested in the swap of Middletown's part of Sachuest Point for Third Beach.
Showing a newly acquired talent for cooperation, the Town and Fish and Wildlife Service came to terms over the management of Third Beach for the summer of 1980. For the payment of $5,000.00 by Fish and Wildlife the Town agreed to manage the Beach to include providing life guards, litter
receptacles, control of parking (no fees) and all other essentials. On 27 October 1980 the Conservation Commission recommended to the Town Council that the Town swap its land at Sachuest Point's southern end for the title to Third Beach. This proposal, which had its birth in the 1978 letter from the Republican Council members to the Regional Administrator, GSA, came finally to maturity and acceptance in 1984 with agreement to swap the land by both sides. At one
point the Fish and Wildlife manager had objected to the swap, stating that Third Beach was far more valuable than the 32 acres on the Point. However, the exchange was finally recognized
in Fish and Wildlife's study of 4 May 1984 entitled Land Exchange:
"Propose transfer approximately 8.2 acres known as Third Beach to the Town of Middletown in exchange for approximately 22.1 acres (a survey brought the acreage down from 32) of Town owned land at Sachuest Point and adjacent to the west boundary of the Sachuest Point National Wildlife
Refuge."
As a final assurance of the swap going through came a letter from the acting Commissioner, GSA, to Senator John Chafee of Rhode Island, dated 6 March 1985, stating that "We have determined that this exchange can be accomplished. I have instructed the Regional Office to proceed with the exchange, etc."
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Happy Ending to the Fateful Years
The exchange of Sachuest Point land for Third Beach brought a reasonable and happy ending to the long controversy over the ownership of excess Navy land and made possible a bright future for the Sachuest Point National Wildlife Refuge. At one point in the argument Council President Silva criticized the Fish and Wildlife Service for not having the personnel to manage and administer affairs at the Point satisfactorily. Events proved Silva right. The Service had difficulty in finding the manpower to ensure a full-time agent at the Point. For several years resident volunteer George Sprague seemed to hold the Refuge together singlehandedly.
Beginning in the 1990's volunteers under the leadership of Nick Logothets and Kevin Healy have cleaned up the trash, cut the trails, kept the Visitor's Center (old Navy Communication Station Headquarters building) clean and in good repair and restored all Refuge mowers, trail vehicles
and other equipment to working condition. Fish and Wildlife Service has come forward with the funding for a new access road and parking lot, for fixing the leaking roof and for other measures designed to upgrade the installation. A steady stream of visitors has come to walk the trails, admire the view and with their binoculars search for rare birds, visitors from many states and foreign countries as well as Rhode Islanders. Wildlife seems to be thriving.
Third Beach does well under Middletown management, although the Navy Beach Club, subject of contention for so long has closed, victim of the latest cut-back in Navy funding. Certainly there have been momentous changes at the Point since 1972 most of them positive. Friends of Sachuest Point everywhere can rest comfortably on their laurels, assured of the success
of their efforts to bring lasting peace and serenity to their favorite location. Let us hope that the Gods continue to smile on the Point.
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