The East Providence City Council voted 3 to 2 in favor of a motion to deliver a letter of noncompliance to the Rhode Island Department of Environmental Management (DEM) concerning TLA/Pond View’s operational practices. The split decision garnered loud applause from attending residents.

Discussion of the controversial recycling facility brought the usual level of passion to council chambers. Attorney for TLA/Pond View Kevin Bristow argued that the council should not take any action because there are two pending lawsuits between the city and his client, as well as a city zoning violation notice pending.

Rumford resident and activist Jo-Anne Durfee spoke before the council, quoting Mayor Bruce Rogers’ statements from the last council meeting where he said he essentially sides with the zoning officer’s recommendations. Durfee asked Rogers in her written testimony if the mayor was “a man of his word,” adding “I guess we will see this evening.”

Durfee referenced the law that Gov. Lincoln Chafee signed on July 1, stating that any facility of Pond View’s kind within 1,000 feet of a residential neighborhood can only take in or process 150 tons per day. Durfee hopes that the city issuing a letter of noncompliance to DEM will make the agency aware of what she sees as irresponsible practices by TLA/Pond View from both a state law and East Providence zoning standpoint.

Attorney Kevin Bristow reiterated what he saw as a conflict with the council potentially violating a state statute in regards to discussing an open lawsuit currently in the courts.

“If the council, at this point, were to consider, debate, discuss or vote upon issuing a noncompliance relating to Pond View and DEM, they’d be commenting on issues that are the subject of pending litigation,” Bristow said.

Council Attorney Robin Main recommended that the discussion be held in executive session. Councilman William Conley disagreed.

“… I don’t see this as a litigation matter,” Conley said of whether a closed-door discussion would violate the Open Meetings Law.

Conley went on to read from a statute that requires facilities like Pond View to meet the requirements of its “host municipality,” which he called “pretty explicit.”

Conley pointed to the distinction between the council itself issuing the letter and the city manager issuing the letter, stating that “when the zoning officer speaks, the zoning officer speaks on behalf of the city of East Providence in regards to zoning matters, and the zoning officer’s conclusion will be supported by this council. So this is not the council, by any means, making an independent determination. This is the council simply acknowledging that the zoning officer is the officer who has the responsibility for enforcing the zoning code, and that we accept the zoning officer’s conclusions.”

With that, Conley moved the motion forward and it was quickly seconded. Mayor Rogers wanted to defer action, saying “I think a more appropriate motion this evening would be to defer this, because the city manager is not here, because we have recommendation from legal counsel not to go forward, as it is in litigation.”

Rogers firmly added that he thought the motion would be “putting the cart before the horse” and did, in fact, see it as acting on behalf of the city manager.

When the motion was called to a vote, Rogers and Assistant Mayor Thomas Rose voted in the minority.

After the vote, most of those in attendance flooded into the lobby. Among them was Al Pallota of Rumford, who has been a vocal opponent of TLA/Pond View. “This was a long time coming,” he said.

Pond View will go before the zoning board Wednesday, July 27, to set a time for a future hearing on the matter.