June News Briefs

City Settles $750K Kirby Lawsuit
The City of East Providence has reached a settlement with former City Manager Richard Kirby. In a press release May 21, 2024, the City Administration said the following:  “Regarding the Kirby settlement: "Kirby was terminated back in 2016 after a 3-2 vote by the then East Providence City Council. The timing came shortly after Kirby alleged ethical violations against the then ceremonial mayor Thomas Rose, accusing Rose of using taxpayer dollars to lease a vehicle for his own use.

In 2016, Kirby was initially suspended prior to his termination over accusations that he violated several city policies and did not properly investigate claims of sexual harassment, which the Council at the time claimed resulted in approximately $150,000 of “unnecessary costs.” Kirby maintained his termination was retaliatory following his ethics complaint against Rose.

Kirby filed the lawsuit in Rhode Island Superior Court in 2019 against the City of East Providence as well as former City Councilor Tracy Ann Capobianco, former city official Timothy Chapman, and former ceremonial mayor Thomas Rose (in the former City Manager form of government, a council member was voted by peers to preside over meetings as a "Mayor." Today the position is the "Council President).

Kirby alleged he is entitled to lost wages and benefits treble and punitive damages as well as attorney fees under the Rhode Island Whistleblowers’ Protection Act and the Rhode Island Ethics Code. In addition, he is seeking damages for intentional and negligent infliction of emotional distress.  As stated in the settlement the City of East Providence, Rose, Capobianco, and Chapman expressly deny any violation of any of policies, procedures, the City Charter or state laws.

As part of the settlement, East Providence has agreed to pay $400,000 to Kirby and the Rhode Island Interlocal Risk Management Trust, the city’s insurer, will pay an additional $350,000. The City of East Providence’s portion of the settlement payment is due to the city’s insurance not covering “lost wages and breach of contract.” Most legal opinions had Kirby being awarded much more money had this gone to trial. "It was obvious Kirby would win."

“This matter is a holdover from the days when East Providence was governed by a City Manager/City Council form of government and there was little accountability,” Mayor Bob DaSilva said. “While this settlement is in the best interest of the taxpayers of East Providence, not only should this have never happened, but it shines a spotlight on the detrimental effects to our taxpayers, when City Council members act alone outside the scope of their duties and responsibilities in a nontransparent manner which is now costing the residents a significant amount of money.  “My administration is committed to seeing that nothing like this happens again and that we continue to operate in an open and transparent manner,” DaSilva added.

"Hopefully this is the last of the discrimination and other ethical violations regarding personnel that East Providence will face," said current City Council President Bob Rodericks. "Prior city and school administrations have cost our city millions of dollars in lawsuits and settlements. Cases like the Ali Khorasani discrimination matter ($580K) and many others which have needlessly cost taxpayer big dollars," added Rodericks.

Noted labor attorney Thomas J. McAndrew represented fired building official Al Quattrucci as well as several other aggrieved East Providence employees in past cases. “I’ve been successful in every East Providence wrongful dismissal case I’ve had,” said McAndrew in a prior interview with the Reporter. “They (city officials) don’t seem to get it.” 

MetLinks Golf Ready for Golfers
The nine-hole golf course at the former Metacomet Country Club is ready for play after final approval by the East Providence Waterfront Commission during last month.  As part of the former golf course’s mixed use development, Marshall Development or Metacomet Property LLC committed to and is now ready to operate MetLinks as a fully operable nine-hole course.  The course will be open to the public and include discounted rates for East Providence residents.  The course will also provide free time for use by the East Providence High School golf team.  MetLinks is set to open in June.  Marshall issued a press release on May 16, 2024: “The East Providence Waterfront Commission unanimously approved the proposal by Metacomet Property LLC, an affiliate of Marshall Development, for a 9-hole public golf course at its May meeting. The endorsement was the final step necessary for the course’s opening, following unanimous recommendations from both the East Providence Waterfront District Commission Design Review Committee and the East Providence Planning Board.  The new course preserves and restores historic elements of the original course designed by Donald Ross over 100 years ago. Local golf course architectural firm, The Northeast Golf Company, led by renowned golf architect Robert McNeil, meticulously renovated the course, blending classic design with modern features. The new layout preserves seven original greens from the front nine, with two additional greens inspired by Ross’ vision,” stated the release.

“Thank you to the East Providence Waterfront Commission for their support of the public 9-hole course,” said Lianne Marshall, Principal at Marshall Properties, Inc. “We are proud to restore golf to the property again.  MetLinks will become a cherished recreational destination and a source of pride for East Providence,” she added.  “We can’t wait to welcome golfers of all ages and skill levels to experience this beautifully restored course this summer.” 

The course is anticipated to open to the public for play in early June. MetLinks will be managed by NGC/CLUB9 Golf Operations. “When it opens in the summer of 2024, Met Links will be open to the public and will be a standout nine-hole course in the northeast and beyond,” states course management.

“I truly wish that the Faxon Group had stayed the course and made improvements to keep Metacomet open as they promised the former club membership.  However, they didn’t, and their sale was a legal, private sale,” said City Council President Bob Rodericks.  “While many in our community wanted to see the city “buy” the property through eminent domain, many others did not want to see the city shell out anywhere from $10M to $20M of taxpayer money to own and then operate a golf course,” Rodericks added.  During early deliberations with Marshall management, many plans were on the table.  “I was asked to meet with Marshall to discuss their plan for the property.  Then Councilman Nate Cahoon, (then) State Representative Gregg Amore and myself met with Marshall.  The company was very willing to provide a compromise plan.  I specifically asked if they could keep some golf within the development with Councilman Cahoon in agreement,” said Rodericks.  “In addition to providing a beautiful full nine holes of golf, a buffer area for the Fisher Street neighborhood was agreed to.”  If the new golf setup doesn’t stay open for any reason, it will have to remain as open space and not subject to any development.

The course layout, featuring 4 par 3s, 3 par 4s, and 2 par 5s, promises a comprehensive test of skill for golfers of all levels. “The thoughtful renovation ensures that each hole highlights the best features of the terrain, offering unique challenges and breathtaking vistas,” said MetLinks operators. “This is a good compromise plan which provides much green space and public access,” Rodericks said.  “Just about half of the site will remain green and open.  It becomes access that we as a community have never had with the former Metacomet. Unless you were a Country Club member, you couldn’t go beyond the rusty chain link fence surrounding the club,” added Rodericks.  This was the best choice we had after the sale completed.”  Marshall pledged to work with community leaders to enhance initiatives such as public art installation, Veteran’s/Heritage Memorials, Farmer’s Market, Outdoor Yoga, Music classes and possibly an oyster bed in the cove.  Initial estimates are that the city would see $8-10 million of annual tax revenue.

Community Center/Oldham School Tussle Continues
The path toward a new Community Center has taken a more intense twist as City Councilors led by Ward 4 Councilman Rick Lawson are hinting at reneging on plans to build a new facility on the grounds of the current Senior Center.  At the May City Council meeting, Lawson homed in on his “plan” to consider making the closed Oldham School on Bullocks Point Avenue the city’s new Recreation Center.  The mayor prefers the term “Community Center” while much of the council refers to the twice supported bonding vote as a “Recreation Center.”   “I presented my reasons for why ARPA funding should be used to renovate the former Oldham building into a multipurpose Rec Center/Community Center/ Business Incubator.  I let the administration know I won't be supporting a new construction when this building gives us more bang for the buck.  Yes the building needs a lot of work but we have ARPA money that can be used to achieve that. The mayor’s reason for wanting to build a new building can be better achieved at the Oldham building,” said Lawson.  The plan by Lawson would call for a complete reversal of Mayor DaSilva’s council approved plan to build at the Senior Center.  Lawson would redirect monies now slated for the new building at the Pawtucket and Waterman Avenue intersection to the closed Oldham School.

This potential change of plans did not sit well with Mayor Bob DaSilva.  The administration told the council last month that substantial money has already been paid out and earmarked to architects and others for the council approved center at the senior center grounds.  “A lot of work and money would have to be given back,” responded Patricia Resende, Chief of Staff.  So far the Mayor has received $7 million for the project.  $4 million is state funding along with $3 million from the state.  DaSilva has said he anticipates more state funding possible as other communities don’t take advantage of grants. 

“I won’t be supporting new construction when Oldham is available.  We can put ARPA money into it,” said Lawson.  “Yes, it will cost a lot of money to renovate Oldham.”  The council and Mayor are scheduled to discuss this in more detail during June meetings.

Crescent Park Beach in East Providence to Reopen as a Swimmable Beach
Crescent Park Beach in East Providence is set to become a licensed, swimmable beach again in the coming years after more than a century of non-use, announced Governor Dan McKee and Mayor Bob DaSilva in a ceremony last month at the park.  Local, state, and federal officials are targeting May 2026 as the reopening of the beach for swimming, after the implementation of a program of water quality testing by the Rhode Island Department of Health (RIDOH), the construction of restrooms at the site, and the hiring of lifeguards. Funding for this work secured by RIDOH from the U.S. Environmental Protection Agency (EPA).

The Rhode Island Department of Health (RIDOH) and the City of East Providence plan to re-designate Crescent Park Beach as a licensed swimmable beach for the residents of the Riverside neighborhood, the City, and the metropolitan region over a 3-year project period. After decades of work by several different levels of government and non-profit organizations, this project will see the return of public swimming to this beach after approximately a century of non-use due to water quality issues. RIDOH and the City of East Providence see this project as a significant environmental justice victory, and a way to celebrate the success of cleanup efforts in Narragansett Bay. The project will entail the construction of ADA compliant public restrooms at Crescent Park and the hiring of lifeguards at the beach to enable formal designation as a swimmable beach. These new restrooms will also benefit the community by enhancing the many public events held every year. The project offers several benefits to residents of Disadvantaged Communities and increases community and environmental resilience. The beach is easily accessible via the East Bay Bike Trail and public transit, making it a safe, family-friendly amenity available to residents region-wide. With the increase of harmful effects of climate change, this opportunity will allow for local residents to have a safe, outdoor recreational space to use during the summer months.

“This is a great day for East Providence, and for all of Rhode Island,” said Governor Dan McKee. “Crescent Park is a place where people come to sit by the water, enjoy concerts, and be with family and friends. In the near future, people will be able to swim here too. Accessible by the East Bay Bike Path and public transit, this beach will be a destination for people in the city and beyond.”

“Our administration is always looking at opportunities to bring more amenities to our residents and community," Mayor Bob DaSilva said. "Having a licensed, swimmable beach here at the historic Crescent Park will be wonderful for our residents both young and old to visit and enjoy for generations come.”

Crescent Park is the site of the former Crescent Park Amusement Park, which operated from 1886 to 1979. One of the waterfront park’s main features were bathhouses that ran hundreds of feet along the length of Crescent Park, the wooden pilings of which are still visible at low tide. These bathhouses were affordable and offered everyone an opportunity to swim at Crescent Park Beach. While the amusement park was in place until 1979, people have been advised to not swim at the beach due to urban water runoff and industrial discharge.

Several water quality improvement projects have been implemented over the last decade by government agencies, community groups, and environmental non-profits, such as Save the Bay, the Narragansett Bay Commission, and the Nature Conservancy. These projects have included putting more stringent regulations in place, promoting sustainable agricultural practices to reduce nutrient runoff, and implementing habitat restoration projects to enhance the bay’s resilience. RIDOH and Save the Bay have been monitoring water quality at Crescent Pack Beach since 2017, to measure the impact of these improvements. With the water now safe for swimming, the beach water will become part of RIDOH’s statewide beach monitoring program. Samples will be collected twice a week at Crescent Pack Beach and analyzed at RIDOH’s State Health Laboratories.

“On a hot day, it’s nice to be able to take a dip and cool off at the beach and that requires clean, safe water conditions.  I’ve worked over the years to deliver federal funds to improve water quality, amenities, and sustainability here at Crescent Park Beach.  For generations, this beach has been closed to swimmers because the water quality simply wasn’t up to snuff for swimming.  The investments we’ve made and the partnerships we’ve built with nonprofits like Save The Bay, The Nature Conservancy, and many others have really helped turn the tide on contaminants and runoff and restored the Bay and beach environment to a cleaner, greener state.  Healthy beaches are good for public health and the health of our economy.  I will continue working to help Rhode Island tap into clean water funding and look forward to returning here for the official opening to welcome swimmers back into the water,” said Senator Reed.

Citizens Bank Property Sale Nixed
The plan for the state to buy a Citizens Bank building in East Providence is dead, at least for now.  The building on Tripps lane owned by Citizen’s Bank is up for sale.  Governor McKee was seeking some $35 million dollars in public spending to buy the building and renovate it to house multiple state agencies.  If the sale goes through, East Providence will lose about $390,000 in tax revenue.  An amount the city cannot afford to lose said city leaders. “The state purchase of this property will cost East Providence much-needed dollars in tax revenue.  Ep has been hit hard enough with the bridge closure. I'd prefer the state to look elsewhere or rehab existing state property and not by this,” said a Bob Rodericks, Council-at-Large post.  Citizen’s is asking $27 million for the property.  The building is valued at $16.9 million.  However the plan is now dead as House Speaker Joseph Shekarchi killed the proposal.  In a statement to area news outlets, Shekarchi wrote, “The amendment arrived too late in the legislative session and there are too many unanswered questions. The House Democrats met in a caucus and the overwhelming sentiment is that we need more information and details,” said Shekarchi.  

Hendersen Bridge Update
The Rhode Island Department of Transportation (RIDOT) issued an update late last month stating that they will open a new segment of the roundabout near the Henderson Bridge in East Providence that will provide a direct connection to North Broadway. RIDOT intended to open this connection on Friday, May 31, prior to the evening rush hour. This change will utilize the old Henderson Expressway, and is the final leg of the roundabout to open. Construction will continue through 2024 on the Henderson Bridge project, largely involving demolition of the old bridge. Final completion of the project is expected in summer 2025.  RIDOT built the new Henderson Bridge and opened it to traffic in November 2023. The new bridge has a smaller footprint, replacing the old structure which had been rated as structurally deficient since 1996 when RIDOT first started keeping such records, and required millions of dollars in repairs to keep it safe and operational. “All construction projects are subject to changes in schedule and scope depending on needs, circumstances, findings, and weather.  The replacement of the Henderson Bridge was made possible by RhodeWorks, RIDOT's ongoing commitment to repair structurally deficient bridges and bring Rhode Island's transportation infrastructure into a state of good repair, promote economic development, and create jobs,” said the RIDOT statement.

Crescent Park Looff Carousel Ready
The inspections are complete at the Crescent Park Looff Carousel and the popular attraction will officially be opening for the season starting Saturday June 1, 2024. The carousel will be open on weekends throughout the summer. “Stop in and ride one of the United States most historic hand carved carousels right here in our backyard,” proclaimed Mayor Bob DaSilva. The Crescent Park Carousel was built in 1895 by Charles I.D. Looff, one of the earliest and foremost carousel designers. The Carousel is nationally recognized as a true masterpiece of wood sculpture. Originally built as a showcase for prospective buyers, it is the largest and most elaborate of Looff's works. The Carousel contains 62 beautifully hand carved figures and four fanciful chariots. Overall richness of effect was Looff's trademark and the Crescent Park Carousel gives full interpretation to that spirit. Elaborate embellishments of decorative panels, beveled mirrors, faceted glass jewels, electric lights, colored sandwich glass windows and its original band organ music surround flying steeds to create Looff's "Total Carousel Experience."  The Carousel was placed on the National Register of Historic sites and places in 1976. In 1985, the Rhode Island General Assembly proclaimed the Carousel as the State Jewel of American Folk Art and in 1987, the Department of the Interior, National Park Service, designated the Carousel as a National Historic Landmark.

City Splash Pads Open
Two splash pads are ready for summer.  One at Pierce Stadium and the other at Onna Moniz Park.  OPERATION: The green pole has the start button for the water to begin spraying. The water will go for a couple minutes then cut off due to water saving. Just continue to press the button to begin a new water session. Fully gated with two entrances, both with latches to lock the doors closed. Full cement ground, however, there were no large blemishes or imperfections in the cement that would become hazardous.  Swim suits are required. Water shoes are recommended but are not required. Swim diapers are required for infants and toddlers.  A third pad is being built soon at Providence Avenue playground in Riverside.

City Outdoor Dining Approved
On Tuesday, May 7th, 2024 the East Providence City Council approved an ordinance recommended by Mayor DaSilva which

will allow our local businesses more outdoor dining opportunities at food service establishments.  Amendments to existing language related to restaurants that will include changes for parking relief and creation of safety and other standards for permitting outdoor dining under current regulations. These changes will allow up to 20 outdoor seats to be exempt from “off-street parking spaces”

that will not force businesses to add additional parking spaces to their establishments. Additionally, any indoor or outdoor seating located within the ‘Mixed-Use Overlay District’ are exempt from these requirements provided the physical building footprint has not increased.

“These changes to our city ordinance further my administration’s goal to help our struggling businesses that have and continue to be negatively impacted by the closure of the westbound portion of the Washington Bridge,” Mayor Bob DaSilva said. “While the state has provided relief for businesses when it comes to outdoor dining, codifying the city ordinance is pushing the needle even further here in East Providence.” These changes will provide food service establishments the ability to incorporate outdoor dining areas while protecting public safety and minimizing negative impacts to neighboring properties. In order to establish outdoor dining, food establishments must adhere to submission of a Development Plan Review Application.  Outdoor dining areas shall be reviewed through the process by the Building Official, Fire Department and City Engineer to ensure compliance with the State Building

Code and Fire Code, ADA accessibility, internal traffic circulation and vehicle crash protection.  Outdoor dining hours shall be limited to between 7:00AM and 10:00PM.  All outdoor lighting in the outdoor dining area shall be shielded and focused directly ontothe seating area and away from abutting properties.

“The City Council and Mayor’s administration have worked together to assist our local businesses as much as possible,” said Council President Bob Rodericks.  Rodericks also proposed that if any “permitting” is required for outdoor seating that “any fees be waived as businesses have already been approved to operate and don’t need another permit fee or cost.”

Rotary Club Peace Pole Installed at Crescent Park
As the beautification of Crescent Park continues, the local Rotary Club membership provided a “Peace Pole” to signify peace to all.  The planting of a Rotary Peace Pole at Crescent Park in Riverside is a monument displaying the message “May Peace Prevail on Earth” in the English Language. But it also displays seven additional languages that are represented in East providence (Spanish, Portuguese, Hebrew, Arabic, Khmer, Haitian, and Yoruba).

“This Peace Pole is intended to inspire unity among all people, of all cultures, ethnicities, and backgrounds. It is our hope, and that of our City’s Rotary Club, that everyone who comes to this garden, every resident, every visitor can be inspired to do what they can do to help build peace,” said Mayor Bob DaSilva at the dedication last month.  “The message “May Peace Prevail” was first said by Masahisa Goi of Japan following the bombings of Hiroshima and Nagasaki, it has since become a movement to spread a message of peace on Earth, worldwide,” said Rotary organizers.

Grow Smart RI Announces 12th Annual Award Winners
East Providence was chosen as one of three communities to receive the annual Rhode Island Smart Growth Award for its "Main Street" Mixed Use Overlay Districts.  The awards honor those helping to shape strong, sustainable and just communities across Rhode Island through innovative leadership, community revitalization and policy initiatives. In announcing the award winners, Grow Smart RI Executive Director Scott Wolf said, “Each year, committed, creative and resourceful Rhode Islanders show us the way to tap our state’s full potential through projects, plans and policies that play to Rhode Island’s strengths and generate enduring economic benefits and expanded opportunities, both statewide and in specific neighborhoods.” 

“With many of the City’s commercial corridors in need of reinvestment, East Providence recognized the negative impacts that outdated zoning had on these areas. To incentivize mixed-use development and affordable housing located adjacent to services, jobs, and transit, the City adopted in December 2022.  a series of “Mixed Use Hub” overlay districts. Currently approved for four of the City’s Main Street areas, these districts are noteworthy for their reduction and/or elimination of parking requirements, especially for adaptive reuse affordable housing projects. Simultaneously, the City allowed mixed-use development in all commercial districts, reduced many other parking requirements, and allowed for increased multi-family density. Numerous commercial and housing ects on key sites have resulted from these overlay districts, and the city is considering expanding them to additional corridors.