Attachments

20201008-105121-cc-metacomet resolution.pdf

EAST PROVIDENCE — Recommended in resolutions planned by members of the East Providence's General Assembly contingent, the council at its October 6 meeting approved a mirroring resolution supporting the city's potential attempt to procure the Metacomet Golf Club land off Veterans Memorial Parkway through eminent domain.

The week prior, State Representative Gregg Amore and State Senator Valerie Lawson each announced their intention to submit a resolution in both chambers requesting Assembly support for such an endeavor while also urging the city seek funding from various public and private sector entities through appropriations, grants and donations.

Their efforts, and that of the council, are in direct response to the recent purchase by and plans of Marshall Development to reconfigure the 138-acre parcel. The company pulled a proposed mixed-use rezoning plan likely to be rejected by the council prior to its purchase, instead signaling it would move ahead with a project that would meet already established building codes. The developer paid the previous owner, the Metacomet Property Company, $7.6 million, a transaction recorded on Friday, Oct. 2.

Councilors Anna Sousa, Nate Cahoon, Ricardo Mourato and Bob Rodericks introduced the resolution (see attachment) and voted to back it. Council President and Ward 1 member Bob Britto, as he has throughout the months-long discussion on the topic, was against.

The last to speak prior to the vote, Mr. Britto brought up several aspects of the situation like that Metacomet has been private property and only accessed by members, how there is recreational space established in the area at Pierce Field, the need for the city to tackle impending infrastructure needs such as at Martin Middle School and the lack of existing monies to pay for and upkeep the property if it were to take over operation.

"Contrary to what's been said, I feel and think differently for a number of reasons... When I think of eminent domain, I think of the federal government coming through with a highway," Mr. Britto said, adding he could also see it being used in response to an absentee landlord or if a property has become blighted.

Saying he thinks acquiring the land via eminent domain would be "a poor decision" and would set a "bad precedent" for future councils, he continued the "city doesn't have the money" to take on such an undertaking.

"There's soft costs that's affiliated to this, and I don't think for one minute that Marshall Properties is just going to lay down and say take the property for what we purchased it for. So this is going to be a long, hard fight, and do we have the resources for that long, hard fight? So I have some concerns about that," Mr. Britto added.

Earlier, each of those members who would go on to back the resolution spoke.

Mr. Mourato wondered if it were feasible to actually take the land through eminent domain, asking, "Can this be done? Well it's going to be determined by our law department."

He said the city needs to "think outside the box in terms of these developments in the city, adding, "We can't develop every square inch...You have to look at the benefit of this green space, and what benefits it will contribute to the other developments that do fit those parcels of land, and I'm talking across the street at Chevron and so forth."

Mr. Mourato cited the impact of Colt State Park in Bristol and how patrons of it support local businesses there. He also questioned the $8-10 million in tax revenue Marshall projects to infuse into the city's coffers. He also noted the potential interest of the Rhode Island Golf Association, something hypothesized about recently, in helping the city running the course as a municipal layout similar to how North Kingstown operates one at Quonset Point.

Ms. Sousa said Marshall's attempts are against "the will of the people" and not what the neighbors want for the area. She also implored the office of Mayor Bob DaSilva to get engaged in the effort, saying the resolution is "asking the administration to step up and do it's part in the process."

Mr. Cahoon said, "eminent domain is sort of a hammer tool for government, and I generally prefer more elegant tools than the hammer, but sometimes you have to use a hammer."

He, like Ms. Sousa, called on the administration to assist the council. He asked it be prepared by the body's November 3 meeting to have at the ready: exactly what it would cost to go down eminent domain path, what potential financing options are available, a thorough explanation of the eminent domain process and what action, if any, the city can take to enjoin the development in the interim and if there are any options legally to maintain the property as it is currently.

Mr. Rodericks spent much of his time denouncing the presence of Marshall's legal team at last week's meeting, where counsel for the company insinuated it was ready to contest in court proceedings any moves made by the city. He, as did Mr. Mourato, referred to the tactic as bad public relations and something that should not have been inserted into the process at the moment.