City Council to Consider Appeal of Court Ruling That Favors Recycling Facility

A special meeting of the East Providence City Council has been scheduled for Tuesday night, Aug. 13, to consider an appeal of a court ruling last week that favors the former TLA-Pond View construction materials recycling facility in Rumford.

Mayor James Briden, a Rumford resident and ardent supporter of the effort to prevent the expansion of the controversial facility well before he was elected to the City Council, has called for the meeting. It starts at 6:30 pm in the Council Chamber in City Hall. 

The ruling by Superior Court Judge Sara Taft-Carter said the zoning board erred in its decision against TLA-Pond View, which requested a variance for the facility at the end of Dexter Road.

The only apparent option for the City Council is to appeal the Superior Court decision to the Supreme Court.

Numerous Rumford neighbors of the recycling facility are expected to attend Tuesday’s meeting on the facility, which is being cleaned up by Ken Foley, who owns the land and is still running a metals recycling business at the site. 

Foley has also said he plans to start up a construct materials recycling business at the same location as soon as possible after the cleanup ordered by the RI Department of Environmental Management is finished. He still holds a license to operate a recycling facility. 

See the complete agenda of Tuesday's meeting:

CITY OF EAST PROVIDENCE 

DOCKET OF SPECIAL COUNCIL MEETING 

August 13, 2013

Council Chambers, City Hall, 145 Taunton Avenue

6:00PM Executive Session - Claims Room, 101 

6:30 P.M. Open Session

I. EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive

Session pursuant to RI General Laws § 42-46-5 (a) (2)

A. LITIGATION

1.KENLIN PROPERTIES, LLC AND TLA-PROVIDENCE, Appellants V. CITY OF EAST PROVIDENCE, ZONING BOARD OF REVIEW OF THE CITY OF EAST PROVIDENCE, AND EUGENE SAVEOURY, TONY CUNHA, PIER-MARIE TOLEDO, JOHN BRAGA AND MICHAEL BEAUPARLANT, in their capacities as members of the Zoning Board of Review of the City of East Providence, Defendants; and ATTORNEY GENERAL PETER F. KILMARTIN, Intervenor Defendant PROVIDENCE SUPERIOR COURT C.A. NOS. PC-2011-7249 (as consolidated with PC-2011-6540, and PC-2012-0052)Determination as to Superior Court appeal.

2. OCEAN STATE TOWING & RECOVERY, INC. and STEVEN LADEIRA V. CITY OF EAST PROVIDENCE and THOMAS ROSE JR. UNITED STATES DISTRICT COURT, DISTRICT OF RHODE ISLAND

C.A. NO. 13-083S

Settlement Agreement

II. CALL TO ORDER

III. SALUTE TO THE FLAG

IV. TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

A. Alcoholic Beverage - Class F-1

Kevin Blankenship, Our Place, 525 N Broadway (02914), Special Olympics of East Providence Fundraiser, August 24, 2013. 

V. PUBLIC COMMENT

VI. NEW BUSINESS

A. Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Timothy Chapman) 

2. Request to retain Attorney J. William Harsch to assist with any and all legal matters as they relate to Kenlin Properties, LLC, TLA–Providence and 1 Dexter Road and to retain Attorney Lauren E. Jones to assist with the appeal of Kenlin Properties, LLC and TLA-Providence vs. City of East Providence, et al

3. Request to retain the Law Offices of Rodio & Ursillo to assist with labor cases and legal matters, as necessary.

RESOLUTION APPEALING THE KENLIN PROPERTIES, LLC V. CITY OF EAST PROVIDENCE DECISION AND IN SEEKING REVOCATION OF PREVIOUSLY ISSUED 1500 TON PER DAY PERMIT/LICENSE WHEREAS, the City Council of the City of East Providence is committed to protecting the health, safety, quiet enjoyment, and quality of life of East Providence residents; and WHEREAS, the City of East Providence is committed to strictly enforcing all applicable laws including the Waterfront District Zoning provisions; and WHEREAS, the City of East Providence requests that the Rhode Island Department of Environmental Management immediately revoke the previously issued 1500 ton per day permit/license issued to TLA-Providence LLC (One Dexter Road) and WHEREAS, the City of East Providence shall continue to strongly oppose by way of all necessary legal action, including appeals, and devoting all required resources to ensure that the previously issued 1500 ton per day permit/license issued to TLA-Providence LLC (One Dexter Road) shall not be transferred and is revoked; and WHEREAS, the City of East Providence shall appeal the decision in the case of Kenlin Properties LLC & TLA Providence LLC vs. City of East Providence and Peter F. Kilmartin, Attorney General for the State of Rhode Island, C.A. No. 11-7249 (as consolidated with PC11-6540 and PC12-0052) to the Rhode Island Supreme Court.NOW, THEREFORE, BE IT RESOLVED that the City Council affirms its commitment to devote all necessary resources in fulfilling the above-mentioned objectives and enforcing all applicable state and local laws and preserving the health, safety, quiet enjoyment or quality of life of East Providence residents. NOW, THEREFORE BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the Director of the Rhode Island Department of Environmental Management, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Senators and Representatives from the City of East Providence.

This resolution shall become effective upon its passage.

VII. ADJOURNMENT