CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, March 1, 2011 6:45pm Executive Session 7:30 PM Regular Council Meeting

 

 

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)

1.   Litigation

Custodian Grievance Steelworkers

2.   Motion To:      Motion to keep the minutes of Executive Session sealed.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

II.     Regular Meeting

III.    Call to Order

 

Attendee Name	Title	Status	Arrived
Bruce Rogers	Mayor	Present
Katie Kleyla	Councilwoman	Present
Thomas Rose Jr.	Assistant Mayor	Present
Michael DiGioia	Councilman	Present
William Conley Jr	Councilman	Present

IV.     Invocation

V.      Salute to the Flag

VI.     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.

 

RESULT:          ADOPTED [4 TO 1]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Bruce Rogers, Katie Kleyla, Thomas Rose Jr., William Conley Jr

NAYS:               Michael DiGioia

A. Letters

1.   Charlestown Resolution supporting Jamestown and Burrillville urging RI General Assembly to enact comprehensive Extended Producer Responsibility Legislation. 

2.   Jamestown draft resolution in support of closing the polls at 8:00 PM. 

3.   Town of Richmond Resolution in support of closing the polls at 8:00 PM.

4.   Town of Newport Resolution in support of closing the polls at 8:00 PM if they opening time is 7:00 AM.

5.   Resignation from William Abbood City Sergeant. 

6.   East Greenwich Resolution in support of legislation eliminating the maximum number of voters in a polling place. 

B.  Licenses

1.   Alcoholic Beverage Class F

Sacred Heart Church, Church Dinner, 118 Taunton Avenue (02914) March 19, 2011

C.  Council Journals

Council Journal January 4, 2011

VII.   Public Comment

1. Jo-Ann Durfee re: TLA/Pond View

2. Jared Aaronson re:  Towing

VIII.  Appointments

1.   Motion To:      City Sergeant (by Mayor Rogers)

COMMENTS - Current Meeting:

Anthony Isidoro, 85 Ingraham Street (02914)

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

AYES:               Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

2.   Motion To:      Waterfront Commission – Reappoint. (by Mayor Rogers)

COMMENTS - Current Meeting:

William Fazioli, 229 Quarry Street (02914)

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

AYES:               Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

3.   Motion To:      Economic Development Commission – Reappoint. (by Assistant Mayor Rose)

COMMENTS - Current Meeting:

William F. Smith, 66 Hazard Avenue (02914)

RESULT:          APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

IX.     ORDINANCES FINAL PASSAGE – PUBLIC HEARING

1.   Motion To:      An ordinance regarding removal of snow and ice.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED"STREETS AND SIDEWALKS".

SECTION I.  Sec. 14-40 entitled “Removal of snow” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

Sec. 14-40. Removal of snow and ice.

(a)        Definitions.  For the purpose of this section, the following definitions shall apply:

(1)        Sidewalk means any portion of the sidewalk area which has been made smooth or improved by the application of cement, concrete, asphalt, brick, or other substance or compacted and made smooth.

(2)        Sidewalk area means that portion of the street between the property line and the curbline of the street which is set aside, laid out, or used for pedestrian traffic.

(b)        Removal of snow and ice required.

The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk supported by a curbstone shall, within the first four hours of daylight after the ceasing to fall of any snow has ceased to fall, cause such snow to be removed shall remove the snow and ice from said sidewalk. For every hour after the expiration of the specified four hours that the snow shall remain on such sidewalk, such owner, occupant or other person shall pay a fine of not less than $1.00 nor more than $10.00. This section shall also apply to the falling of snow from any building.

(c)        Snow and ice removed from a sidewalk shall not be thrown or deposited on any street or any property of another property owner.

(d)       All violations of this section shall be subject to a fine of $25.00 for a first offense, a fine of $50.00 for a second offense, and a fine of $100.00 for a third and subsequent offenses.

SECTION II.  Sec. 14-41 entitled “Removal of ice” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is deleted in its entirety and replaced with the following:

Sec. 14-41. Removal of ice. Power and authority of inspector and police department.

The sidewalk inspector and police department shall have the power and authority to enforce the provisions of Sec. 14-40.

Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the sidewalk with sand or some other suitable substance. If such owner or other person shall neglect to do so for the space of two hours during the daytime, he shall pay a fine of not less than $2.00 nor more than $10.00 and a like sum for every day thereafter that the ice shall continue to be an encumbrance.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Mayor Rogers

X.      LICENSES NOT REQUIRING PUBLIC HEARING

All licenses subject to approval(s) from the Chief of Police, Building Inspector, State Division of Taxation and Fire Marshall.

1.   Motion To:      B-Limited Vict/6 Month Review Jared Aronson DBA Riverside Kitchen, 467 Willett Avenue (02915)

COMMENTS - Current Meeting:

Chief Tavares was called to the podium and asked if any problems had occurred in the 6 month period and the Chief indicated not to his knowledge. 

Councilman DiGioia asked if the same stipulations/restrictions will remain in place as the license goes forward. 

Jared Aaronson said that he doesn't feel the restrictions should remain in place as he has not done anything wrong and should have the same opportunity as the businesses around him.

The Mayor asked if this should be a public hearing to give the residents, if there are any with  concerns to be heard. 

Councilman DiGioia stated that there are neighbors with concerns and added he received phone calls and emails. 

Councilman Conley stated that since the stipulation was granted at a public hearing and neighbors did have concerns those same neighbors should be given the opportunity to be heard again.  He asked that the Council hear the item at a public hearing at the next meeting.

A temporary license for 2 weeks would have to be granted in the meantime to continue. 

Jared Aaronson agrees.

The Mayor stated that if he wants to extend the license that should be addressed at the public hearing. 

Jared Aaronson indicated that he indeed did.

Motion to extend the liquor license for a few weeks while the abutters are listed and the ads are put in the paper and to defer for a period of time until the public hearing to change the hours can be made. 

Councilman Conley stated the intent is to allow the Class B liquor license for Riverside Kitchen to continue with the stipulation to 7pm until such time as the Council has it's hearing to renew the license for the remainder of the license period.   

XI.     New Business

A. City Managers Report (by Interim City Manager Orlando Andreoni)

1.   Time Clocks

The City Manager stated he received a report from Lori Fox IT Director that this cost would be around $60,000.  Lori does have an extra time clock not in use which the City Manager feels could be used for free.  The City Manager asked that this item be brought back to Council in two weeks after he has had time to review. 

Councilman Conley asked a number of questions regarding the time clock such as what type and who would be using it?

The City Manager discussed the various options regarding the type of time clocks. The City Manager stated it would be used in City Hall for employees. 

Councilman Conley questioned having Department Heads punch a clock because of the application of the fair labor standards act, putting salaried Department Heads on time clocks. 

The City Manager stated he reviewed this with the Director of Human Resources. 

Councilman Conley requested a memo to Council on the implications of this and if additional costs would be incurred.  He also added that he was skeptical regarding what this was all about, implementing procedures to track people that don't need to be tracked and incurring costs.

Mayor Rogers stated that he asked for this due to a reaction from members of the public who are calling into City Hall and cannot get a response.  We need to know where our employees are. 

2.   Identification Badges

The City Manager stated the identification badges prompted a meeting with the unions regarding who needs badges and who don't for example firefighters and police do not.  He added he is trying to do a simple name tag for employees so when a taxpayer comes in they know the name of the person.  The design is already picked out.  However the question is what do we do if employees refuse to wear them and is it a collective bargaining issue?

Councilman Conley asked how much is all this going to cost?  If it's $500 its $500 not budgeted. 

The City Manager stated the Police Department does have a machine and he feels this could count as a security matter.  But he added that we are not to that point yet.  He'll report back to the Council regarding whether or not employees will wear them.

3.   Surplus School and/or City Property

The City Manager stated that Grove Avenue School is presently in the process of sale and it is being sold for $450,000.  The closing will take place shortly.  He added that he reached out to Superintendent Cirillo  about what other buildings might be for sale.  He also spoke with the Fire Chief regarding older trucks which are of an antique nature which may be able to be sold and that he is trying to put a dent in the deficit.

Mayor Rogers asked School Committee members and liaison to the Council Chrissy Rossi and Councilwoman Kleyla who is liaison to the School Committee to work on putting a joint meeting together where one of the items to be discussed will be surplus school buildings.  Councilwoman  Kleyla said she would touch on that topic later in the docket. 

4.   Municipal Court Move

The City Manager stated he met with the clerk of the Municipal Court to move Municipal Court from where it is now to the Reception area of City Hall.  Right now this is just in the preliminary stages and this needs to be done without spending any additional money.  The Municipal Court isn't making money right now and perhaps we should send everything to the Traffic Tribunal at the State level. 

The Mayor reminded the City Manager that this was an item which he brought up to save money and to consolidate. 

5.   Proposed Grant for Additional Firefighters

The City Manager stated the issue with this grant is that when it runs out the newly hired firefighters will become the City's responsibility.  He added that he didn't feel as though we needed new firefighters right now although the Chief has stated that they are tired and overworked. 

Councilman DiGioia stated from what he heard and read it seems like a good grant and would like to see figures as well as pros and cons if we are not going forward with this. 

The City Manager indicated that the Finance Director and the Human Resource Director and the City's Labor Attorney are not in favor that new firefighters are not needed right now. 

The Mayor asked if it was the opinion of the City Manager and others that when the money runs out the City then owns them and the City Manager said yes.  He added he felt we do not need any more firefighters even though the Department disagrees.

The Mayor stated he agreed with Councilman DiGioia and added he would like to see the same information, a financial breakdown and reasoning as to why this would not be a good idea. 

Representatives from the Fire Department were present to address the topic and came forward to speak. 

Lt Michael Carey, Lt Julian Balik Lt Craig Brealey

They presented information on the cost going forward and discussed the vacancies (12) under minimal manning and the reduction in overtime expenditures saving a total of over $1 million.  The previous City Manager would not even allow them to apply for the grant if they were going to exceed the minimal manning number.  Handouts were presented to Council.  The grant is timely and East Providence is in the final stages and without Council support the money in the grant funding process will be given to another community. 

The City Manager was unsure if the current information was provided to all beforehand when they made their suggestion not to move forward.  The Chief spoke and said that at that time this information was not presented they went back and ripped the grant apart good and bad and just completed this information for tonight's meeting. 

The City Manager stated he would have to set up a meeting with the Interim Director of Finance Jim McDonald to review. 

Due to the timeliness of the matter and the amount of money already given out the Mayor asked if it was the Council's intention to delve into this as soon as possible and make a decision on the matter.

Councilman Conley stated that if the goal is to have the information vetted by Finance and Personnel with the race for the funds could we bring this back as quickly as the next Council meeting. 

The Mayor agreed.

The City Manager stated that the Labor Attorney stated we do not need additional firefighters and yes he would like time to meet with them and get back to the Council at the next meeting. 

6.   Motion To:      Tow List Report - Motion is made to remove Ocean State Towing from the Tow List.

COMMENTS - Current Meeting:

The City Manager referred to a report given to him and Council prior to the meeting. 

The Mayor called the Chief to the podium. 

The Chief stated that he would like to see the Solicitor review the series of complaints and the information from the PUC and does feel that they are offering less than standard service than East Providence requires. 

Solicitor Craven was asked about the report and he stated he had not yet seen it.  The City Manager stated he just received it last Friday and had not yet had a chance to review it. 

The Mayor stated he resented that it had not been reviewed by the Law Department. 

The Mayor called for a motion to remove Ocean State Towing and Assistant Mayor Rose made the motion and Councilwoman Kleyla seconded the motion. 

Councilman DiGioia asked the Law Department if removal tonight without giving the company due process would we be in violation of the law?

Assistant Solicitor Craven stated no if that in light of what he gleaned from the report of the Chief and the recitation of the highlights of that report by the Mayor if there is a public safety issue and if the Chief is indicating they are not operating up to the standards necessary.  Assuming the operator had any rights and again this is a privilege granted by the Council, and weighed against the public safety issue, that he would not have any concerns regarding an action being voted on as indicated  by the Council at the meeting tonight.  

Councilman Conley stated he wanted to be sure he understands what the Council is doing, without notice to the license holder and evidence on the record, being asked to make a determination that the public safety is at risk and so at risk that we remove a license holder from the Tow List immediately. 

The motion maker and seconder stated that is their intent. 

Councilman Conley stated that he wanted to be sure that they were being advised by the Law Department that they are not required to give a license holder notice and an opportunity to be heard in order to remove that license holder from the list. 

Assistant Solicitor Craven added that if it is a public safety issue that they are doing the job the police department is asking them to do and people or property is at risk then it can be done. The report can be submitted in the form of evidence as part of the record. 

The Chief stated he didn't feel as though there was an imminent risk.  The report forwarded was a continuation from the previous report.  Complaints are concerning overcharging and not allowing access to property.  He added he is not happy with their performance however knowing the due process law he brought this to Assistant  DiCenso and that he left it with the Law Department.  Since that point there have been a couple of other incidences which gives us further concern.  Is it imminent, no, but it is a pattern of behavior which needs to come before Council. 

Councilman Conley said yes it is disturbing but due process is required or we could be facing financial damages.  A show cause hearing why the license should  not be revoked would be in order and he asked that the makers of the motion consider this. 

Mayor Rogers stated the testimony of the solicitor is that it’s at the pervue of the council and asked that the report and the PUC report be made a part of the record. 

Councilman DiGioia said a due process violation is not good we need to be very careful, we need to be sure.  It only makes sense to allow the hearing. 

Assistant Mayor Rose stated his motion is to remove them from the tow list not revoke their license and that he spoke with the PUC and they would be willing to testify to the violations by the company. 

Councilman DiGioia asked if it is the intent of the Council as relayed in the Chief's report to remove the company but add another one to keep the list at six. 

The Mayor stated he doesn't think it is necessary but that it is up to the Council if they would like to add someone and at anytime a name can be brought forward and voted on. 

Councilwoman Kleyla stated that looking at the log it's clear that five companies would  be quite sufficient. 

Councilman DiGioia stated his concern is a former Council member who is currently on the list and is friendly with members of the Council and there can be an appearance of a conflict and being inappropriate. 

Councilman Conley stated he shares the concerns of the three members about to vote for the removal but respectfully believes that the company should receive notice and be allowed to appear.  There needs to be due process for everybody for the people we like and the people we don't like.  He added he is concerned that there is resistance to the remainder of the Chief's report to add a company back on to six towers to provide service to answer all the tows we have.  Councilman Conley stated he would be voting against the motion at this time. 

The maker and seconder of the motion asked that the PUC report and the Chief's report be submitted for the record as part of the motion. 

B.  Council Members

1.   Search Committee Report (by Councilman DiGioia)

Councilman DiGioia asked that this item be deferred to the next meeting as the City Manager Search Committee Meeting had been cancelled this past week. 

2.   Work Session for City Manager Search Committee and Council, March 7, 2011.  (by Councilman DiGioia)

There is a work session with the Council and Search Committee March 7, 2011 at 7:30 if anyone would like to participate or watch the meeting. 

3.   Neighborhood Meeting to discuss Forbes Street Landfill Solar Project, Riverside Middle School, Monday, March 14, 2011 at 6:30PM (by Councilman DiGioia)

Reminder this meeting is March 14, 2011 meeting at 6:30pm anyone with questions or concerns please attend the meeting.  

4.   School Committee Report (by Councilwoman Kleyla)

Councilwoman Kleyla stated that on Monday March 21st at 6PM there will be a joint meeting of Council and School Committee as we continue to work together.  Communication has been excellent.  Some of the issues to be discusesed at the meeting are, surplus schools, consolidation of services and investigation of duplicative efforts.  Highlights from the previous School Committee meeting are that the COO position had been eliminated.  The estimated five years savings for eliminating that position is half a million dollars.  They are also looking into graduation requirements, busing issues and implementing full day kindergarten. 

5.   Fundraiser for Scout Lyons March 4, 2011 (by Councilwoman Kleyla)

Councilwoman Kleyla asked Stephanie Vinhateiro of 20 Burwick Place Rumford to come forward to explain the fundraiser which is being held Friday March 4th at East Providence High School from 6pm-8pm.  The fundraiser is to raise money for a young girl who is suffering from a brain tumor, this young girl is one of Mrs. Vinhateiro's former students.  Mrs. Vinhateiro encouraged all to attend to honor this little girl and her family as they are in need of funding for treatments which she receives in Boston.  The fundraiser is a pasta dinner with homemade desserts.  Barbara Morse Silva will be the MC for the silent auction and there are incredible prizes such as sports tickets, autographed items and get away weekends.  No donation will be turned away tickets are $15 for adults and $8 for children. 

6.   Pond View Reflections, Overview and Traffic Enforcement (by Assistant Mayor Rose)

Assistant Mayor Rose stated that Roger Williams Avenue at the end of N Broadway where Centre Street is, there is a sign which reads detour with a big arrow pointing towards Roger Williams Avenue and a 7 ton weight limit sign. On Roger Williams Avenue there is no weight limit sign listed and this may be causing of the issues on the road. Additionally, Capco Steel is also in that area and there is nothing designated on how to get there.  He stated he would like to find out not just from the Police Department but also from the State how to get additional signage.

 

Councilman Conley shared his Pond View reflections not specific to traffic issues.  He stated he went with a representative of the neighborhood, Peter Willy, who is a scientist and met with DEM Director Janet Coit and Terry Gray also from DEM.  They found DEM simply doesn't have enough information or the ability to oversee enforcement as they have two employees that are charged to cover the entire state of RI.  They have to react as they don't have the personnel to be proactive.  The time in responding to calls could be days and so there is no real time reporting. They asked DEM to explore hiring independent contractors for a short period of time to do the investigations.  DEM is concerned with the legality of this but offered to look into it. Councilman Conley added the correlation to testing the wood chips sent out and assuming that this is reflective in testing the air quality is bad science.  The grinding and crushing operations produce small particles which are so small they get past the lungs natural filters and become larged in the lungs and this causes respiratory issues. 

DEM was unable to answer questions on the testing scenario as they had not focused on this before.  A test done in 2002 was not done by a 3rd party source and gave advance notice was given.  Water tests have showed no degradation to the ground water at Omega Pond because two out of the last three quarters the levels of lead and copper increased significantly behind Pond View over the inlet area and exceed the criteria for freshwater wildlife.  DEM said they couldn't explain this but that it would need to be clarified through additional studies which have not been conducted.  The question of what effect does the ground water at Pond View have on Omega Pond is not answerable.  He added that we know we have issues there and DEM is not in a position to answer all these questions because of lack of testing, resources and personnel.  There is a lack of data.  DEM checks the slips which Pond View provides which require a one word description.  DEM doesn't ask for further documentation of that information.  In closing he stated that he is hopeful in working with DEM they will find some way to improve oversight and inspection as they are open to that and it's just a matter of doing it properly within their constraints. 

Assistant Mayor Rose requested the City Manager ask the Director of Public Works to look into signage heading from East Providence to Pawtucket on Roger Williams Avenue.

7.   Labor Day Parade (by Assistant Mayor Rose)

Assistant Mayor Rose asked that this item be deferred to the next meeting. 

8.   Rebuilding Together (by Mayor Rogers)

The Mayor stated this program is part of Habitat for Humanity and takes place on April 30th throughout the Country. They search for homes which are in ill repair in the City. Applications are in the Clerk's office for help for a family.  There are also forms volunteering for the day to help refurbish homes.  The Mayor stated he has asked Jim Miller, who works for the City, to lead this program in East Providence as he has done this in other areas in the State.  Volunteering includes painting, electrical, plumbing, boiler work  and landscaping to name a few.  Jim Miller was called up to the podium and gave a presentation on Rebuilding Together which started 1988 and used to be called Christmas in April.   

C.  Resolutions

1.   Motion To:      Motion is made to support the RESOLUTION IN SUPPORT OF LEGISLATION S-0184  RELATING TO HEALTH AND SAFETY – REFUSE DISPOSAL

COMMENTS - Current Meeting:

WHEREAS, TLA/Pond View seeks to expand its processing operations from 500 tons of waste per day to 1,500 tons of waste per day;

WHEREAS, the health, safety and quality of life of the residents surrounding the TLA/Pond View facility have been and continue to be adversely affected;

WHEREAS, Rhode Island General Laws, Title 23, Chapter 18.9 relates to Health and Safety and Refuse Disposal;

WHEREAS, Section 23-18.9-8, entitled “Licenses” governs the issuance of licenses for any solid waste management facility, construction and demolition (C&D) debris processing facility or the expansion of an existing facility;

WHEREAS, the residents surrounding TLA/Pond View should not be subjected to further harm and undermining of their  quiet enjoyment and quality of life;

WHEREAS, Legislation was introduced on February 9, 2011 by Senators DaPonte, DeVall, Ciccone, Miller and Sosnowski, introduced as bill 2011-S-0184, entitled “RELATING TO HEALTH AND SAFETY - REFUSE DISPOSAL” which would require that “any construction and demolition (C&D) debris processing facility under this section that is within a one thousand feet (1000’) radius of a residential area shall not be allowed to process in excess of one hundred fifty (150) tons per day of construction and demolition (C&D) debris.”

WHEREAS, the East Providence City Council supports said legislation and believes that it is necessary in order to protect the health, safety and quality of life of the residents of East Providence;

WHEREAS, the East Providence City Council believes that this legislation is in the best interest of the City of East Providence;

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council hereby support the above-mentioned legislation which would prohibit any construction and demolition (C&D) debris processing facility that is within a one thousand feet (1000’) radius of a residential area from processing in excess of one hundred fifty (150) tons per day of construction and demolition (C&D) debris.

NOW, THEREFORE, BE IT RESOLVED that we, the members of the East Providence City Council hereby request 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 President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and Senator Daniel DaPonte, Senator Frank A. DeVall, Jr., Representative Christopher R. Blazejewski, Representative Roberto DaSilva, Representative Joy Hearn, Representative Helio Melo, Representative Mary Duffy Messier, and Representative John A. Savage.

This resolution shall become effective upon its passage.

Requested By:  Councilman Conley

 

Councilman Conley requested the Council send its support to the legislature regarding amending the current state law on C & D facilities.   Highlights on the changes include, no license shall be issued unless they have received a letter of approval from the municipality regarding expansion, there must be approval in writing from the municipality with approval of the Council and that any facility within 1000 foot radius of a residential area not be allowed to process in excess of 150 tons per day. 

Councilwoman Kleyla stated the legislation was also introduced by Representative Melo and Representative DaSilva today on the House side. 

The Mayor stated that all of these resolutions are not making any changes and negotiations with the company need to take place to find out exactly what is happening there and if there are things that are wrong the City can work with the company to fix them immediately.  He added for the reason that the resolutions are not getting anywhere he will be voting against this. 

Assistant Mayor Rose stated he will be voting against as well because this is going on and on in the courts and nothing is changing.  He added if the City sits Pond View down and they work on doing something about the complaints they will get further with this. 

D. Communications

1.   Jack Walsh, 1 Dexter Road, TLA/Pond View Recycling requesting to address the Council regarding a review of company policy and to provide Council with an overview of what TLA/Pond View does as well as to clear up any inaccuracies and provide Council with the opportunity to ask questions

Jack Walsh asked that this item be deferred to the next meeting.

XII.   Adjournment

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s Office at 435-7590

* Any items listed on the Council Docket may be subject to a vote.

1.   Motion To:      Motion to adjourn.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

AYES:               Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

 

Approved By Council:  July 19, 2011

 

Attest:

                        _______________

                        City Clerk