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TOWN OF RICHMOND, RHODE ISLAND
5 Richmond Townhouse Road
Wyoming, RI 02898
(401) 539-9000 www.richmondri.com

President Carpenter called the meeting of the Richmond Town Council to order at 6:00 P.M. held on June 21, 2022. This meeting was held In-Person at Town Council Chambers, 5 Richmond Townhouse Road, Wyoming, RI, and was also teleconferenced via Zoom.

E. RESOLUTION

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

Council President Carpenter read and presented Hannah with the following resolution:

WHEREAS, Hannah Jackson, Salutatorian of the Chariho Regional High School Class of 2022, is a student of the highest caliber; and

WHEREAS, Hannah is an active member of her community, volunteering at the St. Mary’s and St. James Parish Enrichment Program and active student member of The Maddie Potts Foundation; and

WHEREAS, Hannah was a four year Chariho volleyball player and golf player; serving as Co-Captain her Senior Year; and

WHEREAS, Hannah was a member of the Math Team and Girls Recognized Leadership Club; and

WHEREAS, Hannah will attend the University of Rhode Island Doctor of Pharmacy, Pharm D Program; which is a six year program that stresses critical thinking, active learning and clinical experience to prepare you for the profession as a Doctor of Pharmacy; and

NOW, THEREFORE, BE IT RESOLVED that the Members of the Town Council of the Town of Richmond hereby congratulate

and wish her the best of luck as she continues her education and pursues her dreams.

A motion was made to approve the Resolution recognizing Hannah Jackson as 2022 Chariho Salutatorian by Councilor Nassaney seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to waive the reading of Resolution 2022-12: Adopting the RI Hazard Mitigation Plan 2022 Update by Councilor Nassaney seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve the Resolution 2022-12: Adopting the RI Hazard Mitigation Plan 2022 Update by Councilor Cacciola seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

3) Resolution 2022-11: Authorizing A Referendum Question on State Issuance of Licenses for Cannabis Related Business in the Town of Richmond

A motion was made to approve Resolution 2022-11: Authorizing a Referendum Question on State Issuance of Licenses for Cannabis Related Business in the Town of Richmond by Councilor Nassaney seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

F. PUBLIC HEARING

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

A motion was made to open the Public Hearing on the Sound Permit Application for Kevin Lamansky by Councilor Newman seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to close the Public Hearing on the Sound Permit Application of Kevin Lamansky by Councilor Nassaney seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve the Sound Permit Application of Kevin Lamansky by Councilor Nassaney seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

2) Richmond Home Rule Charter Amendments to be considered on the November General Election Ballot

A motion was made to open the Public Hearing on Richmond Home Rule Charter Amendments to be considered on the November General Election Ballot by Councilor Nassaney seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

Tracy Nelson Richmond Resident and member of the Charter Commission made the following comments and questions:

I would like to begin by thanking my fellow Charter Review Commission members for their time and dedication to our mission. Next, I would like to thank the Finance Director, the Town Administrator, the Town Planner, and the Chief for their valuable input. I would also like to thank the Town Solicitor for translating our intentions into the appropriate language. Last but not least I would like to thank the Town Council for scheduling this public hearing in order to give the residents a final opportunity to contribute.

Article 7, Section 3 of the charter states a Charter Review Commission will “recommend to the Town Council amendments the members believe are necessary for the efficient operation of Town Government”. Our discussions revealed 3 major substantive changes recommended to improve town operations:

1. Change in title from Town Administrator to Town Manager with increased personnel functions

The majority of our members have served, or are currently serving, the town in other capacities. Some of us were involved in the creation of the original charter. While there is a segment of our population who seek to find conspiracies and ulterior motives lurking around every corner, I am confident each member of this commission was thoughtful in their deliberations and support the recommendations they believe to be a benefit to the townspeople in general, without political influence. Accordingly, I am here to represent the charter review commission as a whole, and will do my best to explain the recommended changes and address the negative implications raised at previous meetings.

The original charter was written and adopted by the voters in 2008. The most significant change implemented by the charter was the creation of an administrative position to oversee the day to day functions of the town. Many residents questioned the need for this position and expressed concern with the fiscal impact. As a result, the original charter commission felt it prudent to maintain a strong council form of government, and selected the title of “administrator” versus “manager” as a reflection of that structure. Over the last 14 years, the town has grown, and the role of the administrator has expanded. The charter review commission has recommended further changes in responsibilities and feels the title of “manager” is a more appropriate reflection of the role today. The fiscal impact, if any, would be determined by the Council during contract negotiations.

The number one goal of changing from an FTM, scheduled for 7pm on a Monday night, to an annual budget referendum is increased participation. On average, a mere 1% of qualified voters make the decision whether or not to approve our municipal budget. At a previous meeting, speakers referred to attendance of 85-100 people. I personally have clerked financial town meetings where the attendance was below 50. The Financial Town Meeting is an antiquated process that can be traced back to the 1600’s when only male church members were allowed to vote. Today’s voting population is much more diverse, and demands flexibility. This was clearly demonstrated by the increased participation in the years when our FTM was held virtually due to COVID. When I was married with young children, my husband worked second shift and was not able to attend the financial town meetings. I hired a babysitter to attend. Simply put, our current budget adoption process is disenfranchising voters. Expanding voting hours is a priority to increase participation. An all-day referendum would also ensure a voter’s right to privacy. Instead of standing before council, town employees, friends, and neighbors with fear of retribution, votes would be private. This would also encourage participation. The charter commission has increased the number of public hearings council must hold on the budget from one to two, further encouraging public participation.

In response to opposition of “two bites at the apple” I would like to note that the charter language says the Council MAY hold a second referendum (not shall). Council reserves discretion on whether or not to hold a second referendum. There are situations in which a second referendum may be prudent, such as delayed passage of a school budget. Also, keep in mind, the General Assembly typically does not finalize the state budget until late June, which could impact the municipal budget.

The original charter was written with a reserved section for Municipal Court, with the anticipation that the town would establish a Municipal Court when it was feasible. The town already has the necessary enabling legislation to establish municipal court by ordinance. The charter review commission relied upon the advice of Chief Johnson and Planner Lacey to bring forth this recommendation. I will defer to their expertise if there are any specific questions.

I will reiterate Solicitor Ellsworth’s statement from the June 7 public forum, that Charter amendment by voter initiative is being repealed because it is inconsistent with state law. Please note, the voters will still have the right to petition the Town Council for a charter amendment. The Town Council has the authority to place amendments on the ballot or call for a special election at any time.

After nine months of review, the Charter Review Commission sent forward those recommendations it deemed beneficial to the efficient operation of the town and we respectfully request the questions be placed on the ballot for the voters to decide.

As the public hearing continues, I am happy to answer questions at Council’s request; however, I will not respond directly to questions from the public or engage in political debate.

If Council will allow, I have a few technical questions I would like to ask the Solicitor at this time.

Q: at a previous meeting Town Solicitor Ellsworth indicated most town employees are hired, not appointed. Should the language in this section (and/or others) be changed from appointed to hired? Are there legal implications?

Q: “by majority vote” is included in the current charter. This was brought up at a previous meeting (5/31) but I don’t remember resolution. Did Council decide to leave it out? I encourage Council to put it back in.

Q: “no later than” date has been removed. 11/30 is in current charter. Town Administrator Pinch asked for it to be changed to 3/31. Should there be a deadline?

Q: “Water Dept administered by a Water Director”. Is this language consistent with current structure? Do we have a water department?

Q: Section already RESERVED in charter; town has enabling legislation. Is a ballot question required?

Helen Sheehan discussed concern and questioned the change of Town Administrator to Town Manager. She was concerned with changing the power from the Town Council.

A motion was made to close the Public Hearing on the Richmond Home Rule Charter Amendments to be considered on the November General Election Ballot by Councilor Nassaney seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

Town Solicitor Ellsworth requested additional time to look into the Charter Questions raised by Tracy.

It was clarified this item would be continued to the next meeting however not a Public Hearing.

A motion was made to continue discussion and consideration of the Richmond Home Rule Charter Amendments to be considered on the November General Election Ballot by Councilor Cacciola seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to open the Public Hearing on the Outdoor Entertainment License Application of the Preserve Property Management Company, LLC by Councilor Cacciola seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

Town Clerk Liese advised we had received inquiries whether Fire Works were included in the License.

Council President Carpenter advised if they wished that their concerns be heard they be present.

Council President Carpenter advised she was not to initiate that discussion but the Town Clerk did.

Town Clerk Liese then requested clarification on behalf of her office as the Outdoor Entertainment License states on the Certificate what is permitted. Currently it would only state Live and Recorded Music.

Council President Carpenter advised she was not to initiate that discussion but the Town Clerk did.

A motion was made to close the Public Hearing on the Outdoor Entertainment License Application of the Preserve Property Management Company, LLC by Vice President Palmisciano seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve the Outdoor Entertainment License Application of the Preserve Property Management Company, LLC for Live and Recorded Music from June, 2022 to November, 2022 at The Preserve at Boulder Hills, 87 Kingstown Road by Councilor Nassaney seconded by Councilor Cacciola.

Council President Carpenter advised we received a request to hear the Preserve’s License in conjunction.

A motion was made to consider the Preserves Indoors License earlier in the agenda by Councilor Nassaney seconded by Vice President Palmisciano. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

1) Request of Preserve Property Management Company LLC for their Indoor Entertainment Permits for The Hill Top Lodge and The Preserve at Boulder Hill Clubhouse; located at 87 Kingstown Road

A motion was made to approve the Request of Preserve Property Management Company LLC for their Indoor Entertainment Permits for The Hill Top Lodge and The Preserve at Boulder Hill Clubhouse; located at 87 Kingstown Road by Councilor Nassaney seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

G. CONSENT AGENDA

Approval of the Consent Agenda shall be equivalent to approval of each item as if it had been acted upon separately; or items may be removed by the Town Council for review, discussion and/or take Action.

A motion was made to approve Consent Agenda Items 1a and 1b by Councilor Newman seconded by Councilor Nassaney. Vote: President Carpenter, Abstain; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Abstain

A motion was made to approve Consent Agenda Items 2a-d by Councilor Newman seconded by Councilor Newman. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve Consent Agenda Item 3 by Vice President Palmisciano seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve Consent Agenda Item 4 by Councilor Nassaney seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to approve Consent Agenda Items 2a-d by Councilor Newman seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

6) Approval of Appropriations and Payment of Bills - December 2, 2021 to June 16, 2022

A motion was made to approve Consent Agenda Item 6 by Vice President Palmisciano seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

H. REPORTS

Please Note the following items are Status Reports and Matters of Interest to the Council and are for Informational Purposes unless Indicated Otherwise and will be Acted upon in Accordance with Section 42-46-6 (b)

Town Administrator Pinch reported on the Bidding for IT Services. She further recommended UpLink for a three year contract.

A motion was made to Authorize and Award the IT Services Bid to UpLink for three years by Councilor Newman seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

2) Police Chief’s Report: Elwood M. Johnson, Jr. on activities of the Police Department

Police Chief Johnson teleconferenced from Zoom reported on the recent investigation and arrest on narcotics. He also advised on local scams circulating the community.

I. APPOINTMENTS AND RESIGNATIONS

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

1) Request from Lindsay Hannon for re-appointment as 1st Alternate Zoning Board of Review with term expiration of July 31, 2023

Town Solicitor Ellsworth requested this item be continued to determine if Ms. Hannon is interested in the full member appointment.

A motion was made to continue the Request from Lindsay Hannon for re-appointment as 1st Alternate Zoning Board of Review with term expiration of July 31, 2023 by Councilor Cacciola seconded by Vice President Palmisciano. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to accept the resignation with regret of Gina M. DeBernardo from the Home Rule Charter Commission by Vice President Palmisciano seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

K. UNFINISHED BUSINESS

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

1) Discussion and Consideration of the Request of Vice President Palmisciano for ARPA funding allocation for elementary school safety and Richmond Police & Fire Department response capabilities (Continued from 6-7- 2022)

Councilor Cacciola questioned if the safety included closure of the interior hallway doors.

Vice President Palmisciano advised that he needs to answer and maintain secure and privacy of the schools with regards to protocols.

William Day member of the School Committee advised that district would need to do a state wide overlook of the safety plans. He explained the school safety plan cannot be disclosed outside of Executive Session. He further explained the budgetary safety upgrades.

President Carpenter requested this presentation be included as part of the record.

Vice President Palmisciano explained that this presentation was provided late and takes the blame from it not being linked.

A motion was made to include this request with the other ARPA requests with referral to staff and the Finance Board for Council’s Consideration at the July 12^th meeting by Vice President Palmisciano seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

2) Administration update to Council on American Rescue Plan Act (ARPA) requests (Continued from 6-7-2022)

3) Council Discussion and Consideration of allocation of ARPA funds (Continued from 6-7-2022)

A motion was made to continue Unfinished Business Items 2 and 3 for Council’s Consideration at the July 12th meeting by Councilor Newman seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

L. NEW BUSINESS

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

1) Discussion and Consideration of the 2022 Municipal Infrastructure Grant Program Application for a Chlorination System for the Town Water Department

Town Administrator Pinch explained the Grant request for state funding in the amount of $300,000. The town match would be $100,000.

A motion was made to approve the 2022 Municipal Infrastructure Grant Program Application for a Chlorination System for the Town Water Department by Councilor Newman seconded by Councilor Cacciola.

Back to the Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

2) Discussion and consideration of amendments to Chapter 3.06 of the Code of Ordinances regarding Tipping Fees and amendments to Chapter 8.18 Recycling and Solid Waste Disposal, and authorization for the Town Clerk to advertise for Public Hearing

A motion was made to authorization for the Town Clerk to advertise for Public Hearing, discussion and consideration of amendments to Chapter 3.06 of the Code of Ordinances regarding Tipping Fees and amendments to Chapter 8.18 Recycling and Solid Waste Disposal by Councilor Nassaney seconded by Councilor Newman.

Town Administrator Pinch advised on the proposed changes with tipping fees and Hopkinton placard issuance. She also explained the potential agreement with Hopkinton.

Town Solicitor Ellsworth advised the amendments are included in the draft attached to the agenda.

Back to the Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

3) Discussion and consideration of amendments to Chapter 8.14 of the Code of Ordinances regarding Sound Permit Notification and authorization for the Town Clerk to advertise for Public Hearing

Town Solicitor Ellsworth advised this was a recommendation of the Town Clerk to no longer require newspaper advertisement to Sound Permit Applicants; however notice to abutters would still be required.

A motion was made to authorization for the Town Clerk to advertise for Public Hearing, discussion and consideration of amendments to Chapter 8.14 of the Code of Ordinances regarding Sound Permit Notification by Councilor Newman seconded by Councilor Cacciola.

Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Nassaney, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye

A motion was made to file the Communications by Councilor Nassaney seconded by Councilor Newman.

A. CALL TO ORDER

B. ROLL CALL

C. THE PLEDGE OF ALLEGIANCE TO THE FLAG

D. MOMENT OF SILENCE

E. RESOLUTION

F. PUBLIC HEARING

J. LICENSES

G. CONSENT AGENDA

H. REPORTS

I. APPOINTMENTS AND RESIGNATIONS

K. UNFINISHED BUSINESS

L. NEW BUSINESS

M. COMMUNICATIONS, PETITIONS, AND PROCLAMATIONS AND RESOLUTIONS FROM OTHER RHODE ISLAND CITIES AND TOWNS

N. PUBLIC FORUM

O. ADJOURNMENT