Councilors Put Off Making Decision on Pond View Appeal to Supreme Court

The East Providence City Council deferred action on an appeal of the recent Superior Court decision that favored the former TLA/Pond View construction debris recycling facility and Kenlin Properties owner Ken Foley until its Aug. 20 meeting.

The vote to defer action was 3-2. That vote came after two other 3-2 votes -- one to rescind an initial vote that supported not filing an appeal to the RI Supreme Court.

All of the votes and discussion came behind closed doors during an executive session. The outcome of the executive session was reported by solicitor Timothy Chapman. 

Chapman said the first vote not to appeal was supported by City Councilors Chrissy Rossi, Tracey Capobianco and Thomas Rose Jr. Rossi made the motion. Mayor James Briden and City Councilor Helder Cunha opposed the motion.

Capobianco changed her mind and joined Briden and Cunha in rescinding the initial vote and then supported a new motion to put off taking any action on the appeal of the Dexter Road property until next week’s meeting.

To make sure everyone understood the votes, Briden said: “All things related to Pond View will be deferred to Aug. 20.” He was the councilor who asked for the special meeting.

Briden then allowed public comment on a possible appeal.

Chris Ryding, the CEO of Gripnail Fastening Systems at nearby 97 Dexter Road, said he spoke for all of the employee-owned company’s workers in supporting an appeal. 

Everyone there has a stake in the property value of their building, he said, and it has become obvious over the past 15 years that the company and property owner Ken Foley, in particular, does not live up to the basic human contract of being a good neighbor.

Rumford neighbor Corliss Blanchard, who has been fighting the company for years, said: “We are talking about out investment in the city. If you don’t help us, we will be asking for a tax reduction. We need help.”

Ken Schneider, a leader of the East Providence Coalition citizens group, said: “All it would take is one day living across Omega Pond and you would vote to appeal. We need to fight this in the Supreme Court.”