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| TOWN OF RICHMOND, RHODE ISLAND | 
|
| 5 Richmond Townhouse Road |
| Wyoming, RI 02898 |
| (401) 539-9000 www.richmondri.com |
RICHMOND TOWN COUNCIL
Regular Town Council Meeting
Town Council Chambers
5 Richmond Townhouse Road, Wyoming, RI 02898
October 4, 2022
6:00 P.M.
A. CALL TO ORDER
President Carpenter called the meeting of the Richmond Town Council to order at 6:00 P.M. held on October 4, 2022. This meeting was held In-Person at the Town Council Chambers, 5 Richmond Townhouse Road, Wyoming, RI as well as teleconferenced via Zoom.
B. ROLL CALL
Town Council Members present in Council Chambers were as follows: Council President Nell Carpenter, Vice President Palmisciano, Councilor Rich Nassaney, and Councilor Lauren Cacciola. Not Present was Councilor Ron Newman. Also, present Town Solicitor Karen Ellsworth, Town Administrator Karen Pinch, Finance Director Laura Kenyon, Police Chief Elwood Johnson Jr. and Town Clerk Erin Liese.
C. THE PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was recited.
D. MOMENT OF SILENCE
President Carpenter led in a moment of silence in observance of October Breast Cancer Awareness Month.
President Carpenter provided clarification on Town Council Rules & Procedures regarding Public Forum.
E. 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:
1) Discussion and consideration of amendments to Chapter 18.24 of the Zoning Ordinance regarding Temporary Signage on Town-owned property
A motion was made by Councilor Cacciola with second by Councilor Nassaney to open the Public Hearing regarding consideration of amendments to Chapter 18.24 of the Zoning Ordinance regarding Temporary Signage on Town-owned property. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
Town Solicitor Ellsworth explained this was prompted by a recommendation of the Charter Review Commission to allow the Town Administrator to approve temporary sign requests on Town owned property vs. Town Council approval.
Town Planner Lacey provided an overview of the following proposed changes:
Chapter 18.24
SIGNS
18.24.010 Definitions.
18.24.020 Signs not subject to chapter.
18.24.030 Signs allowed without a permit.
18.24.040 Signs for residential subdivisions
18.24.050 Permit required.
18.24.060 Signs permitted in the Neighborhood Business zoning district.
18.24.070 Signs permitted in the General Business, PUD-VC, Light Industrial, Industrial, Flex Tech zoning districts.
18.24.080 Commercial and Industrial Centers.
18.24.090 Off-site directional signs.
18.24.100 Prohibited signs.
18.24.110 Legal nonconforming signs.
18.24.010 Definitions. Words and phrases used in this chapter are defined as follows:
A “banner” is any piece of flexible material bearing a design, motto, advertisement or commercial message.
A “bracket” is a device used to support a sign that is mounted to a structure.
A “directional sign” is a wall-mounted or freestanding sign no larger than two (2) square feet in area and no higher than three feet from the ground that is intended to direct traffic flow, identify entrances or exits, and server similar informational purposes.
A “directory sign” is a sign that contains the names of two or more establishments.
A “flag” is a non-commercial banner. Flags are not considered signs in this chapter.
A “freestanding sign” is self-supporting and separate from a building.
“Linear frontage” is the length in feet that an establishment abuts a street at the first floor or entrance level.
A “sandwich sign” is a portable two-faced sign connected at its top but not at its bottom.
A “sign” is an object with letters, numbers, and/or graphics, or letters, numbers, or graphics themselves, intended to convey information or an idea, located on or outside a building. “Sign” includes the face and supporting structure, including brackets, posts, or other supports.
The “sign face” is the part enclosed by a rectangle whose lower edge is parallel to the ground and whose sides makes contact with the extreme points or edges of the sign surface, excluding any supporting structure. When a sign consists only of letters, numbers, and/or graphics, the “sign face” is a rectangle whose sides make contact with the outer edges of the letters, numbers or graphics.
“Sign area” is the size of one face, expressed in square feet.
(Ord. dated 12-19-94(part); Ord. dated 7-17-07)
18.24.020 Signs not subject to chapter. A. The restrictions and requirements of this chapter shall not apply to the following signs:
1. Signs erected by the town, state, or federal government in highway rights of way and other government-owned property to promote or protect public health and safety or for any other governmental purpose.
2. Signs erected in the rights of way of private streets to protect the safety of those using the streets.
3. Signs erected as part of a political campaign in anticipation of an election, provided they are not erected in any street right of way or within five (5) feet of the travel surface of any street or highway, and provided they are removed no more than seven (7) days after election day. A political campaign sign that does not comply with the above requirements is prohibited by this chapter and may be removed by the zoning enforcement officer.
4. Temporary signs erected on town-owned property to advertise an event sponsored by or benefitting a civic or non-profit organization, provided that such signs are approved in advance by the Town Administrator, are no more than thirty-two square feet in area, and are erected no more than thirty days before the event and removed no more than seven days after the event. A sign that does not comply with the above requirements is prohibited by this chapter and may be removed by the zoning enforcement officer.
(Ord. dated 7-17-07; Ord. dated 10-4-22)
18.24.030. Signs allowed without a permit. The following signs may be erected by the owner of the property without first obtaining a sign permit from the zoning enforcement officer. Such signs must be located at least five (5) feet from the front lot line, and must comply with the provisions of this section and section 18.24.100:
A. In all zoning districts:
1. “No Trespassing,” “No Hunting,” and similar signs used to post property.
2. One sign, not larger than twelve (12) square feet in area, and one bulletin board, not larger than twelve square feet in area, for each private school, place of worship, or other institutional, public, or semipublic use.
3. One sign, not larger than twenty-four (24) square feet in area, identifying any farm operation.
4. A professional nameplate affixed to the door or adjacent wall of premises, not to exceed eight inches by twenty-four (24) inches for each professional occupant.
5. Temporary signs for the following purposes:
a. Signs not larger than thirty two (32) square feet advertising property for sale or lease.
b. Signs in connection with the construction of buildings or other construction work.
c. On-site signs not larger than thirty two (32) square feet advertising non-commercial charitable events.
6. One sandwich sign for a business, provided that it is not located on any public sidewalk or street right of way, and provided that it is adequately secured.
B. In all residential zoning districts:
1. One sign, not larger than two (2) square feet in area, showing the name and address of the occupant or identifying a permitted use or accessory use. No more than one sign is permitted regardless of how many uses or accessory uses are located on the property,
2. Signs posted pursuant to the land development and subdivision regulations that notify the public that an application is pending before the planning board to develop the property posted.
(Ord. dated 7-17-07)
18.24.040 Signs for residential subdivisions
A. Temporary signs not larger than thirty-two (32) square feet in area are permitted at the entrance or entrances to proposed residential subdivisions, provided they are removed within seven days after the Final Plat is recorded in the land evidence records.
B. Permanent signs identifying residential subdivisions are permitted provided that:
1. One sign may be erected at each entrance to the subdivision.
2. Each sign is not larger than twenty (20) square feet in area, and
3. A permit is obtained for each sign.
(Ord. dated 7-17-07)
18.24.050 Permit required.
A. A permit issued by the zoning enforcement officer is required to erect any sign other than those listed in 18.24.020 and 18.24.030 above.
B. Application for a sign permit shall be on the form provided by the zoning enforcement officer, and shall include a scale drawing of the sign, including the sign face, showing all lettering and graphics and any freestanding structure supporting the sign, and a site plan showing where the sign will be located on the property.
C. The application fee for a sign permit is in Chapter 3.06 of the Code of Ordinances.
(Ord. dated 7-17-07)
18.24.060 Signs permitted in the Neighborhood Business zoning district. In the Neighborhood Business zoning district, internally illuminated signs are prohibited. No sign in a neighborhood business shall be placed within twenty-five (25) feet of a residence or residential zoning district. The following signs are permitted:
A. One or more signs that identify the business, profession or service located in a building are permitted on the main entrance wall of the building. The sign or signs:
1. Shall be no larger than sixteen (16) square feet in total area;
2. If perpendicular to the wall, shall protrude no more than four (4) feet from the wall and shall have an area no larger than six (6) square feet; and
3. Shall not project above the roofline of the building.
B. One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed thirty percent (30%) of the surface area of the windows to which they are applied.
C. One freestanding sign that is located at least five (5) feet from the front property line, is no more than ten (10) feet above the ground at its highest point, and has an area no larger than nine (9) square feet.
D. As many directional signs as are necessary for the safe and efficient operation of the business.
E. One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.
F. When multiple buildings or uses are located on one lot or share one entrance, a directory sign with an area no larger than fifteen (15) square feet in area and no higher than ten (10) feet above the ground at its highest point is permitted in place of individual freestanding signs.
(Ord. dated 3-21-00; Ord. dated 7-17-07)
18.24.070 Signs permitted in the General Business, PUD-VC, Light Industrial, Industrial, and Flex Tech zoning districts.
A. In the General Business, PUD-VC, Light Industrial, Industrial, and Flex Tech zoning districts, the following signs are permitted:
1. One or more signs that identify the business(es), profession(s) or service(s) located in a building are permitted on the main entrance wall of the building. The sign or signs:
a. Shall not occupy more than seventy percent (70%) of the linear frontage of the building.
b. Shall be no greater than forty-eight (48) inches high.
c. If perpendicular to the wall, shall protrude no more than five (5) feet from the wall and shall have an area no larger than nine (9) square feet; and
d. Shall not project above the roofline of the building more than five (5) feet.
2. One or more signs on or behind a window or windows, provided that the total area of the signs shall not exceed fifty percent (50%) of the surface area of the windows to which they are applied.
3. One internally or externally illuminated freestanding sign that is located at least five (5) feet from the front property line, is no more than fifteen (15) feet above the ground at its highest point and has an area no larger than thirty-six (36) square feet. For property on a street intersection that has a curb cut on each street, one freestanding sign for each curb cut is permitted. No freestanding sign shall be placed within forty (40) feet of a residence or a residential zoning district.
4. When multiple buildings or uses are located on one lot or share one entrance, a directory sign with an area no larger than eighty (80) square feet, and no higher than sixteen (16) feet from the ground at its highest point, is permitted in place of individual freestanding signs.
5. As many directional signs as are necessary for the safe and efficient operation of the business.
6. One banner, no larger than twenty-four (24) square feet in area, for each business. A banner shall be displayed for no more than ninety (90) days.
7. Inflatable objects or figures not larger than three cubic yard in size and not higher at their highest point than ten (10) feet from the roof that are displayed for commercial purposes. Such inflatable objects or figures may be displayed for no more than seven (7) days. A permit shall be issued for the display and the object or figure shall be adequately secured. No more than one such permit shall be issued to a business in any calendar year.
B. Adult Entertainment Businesses. Signs for adult entertainment businesses shall be subject to the following restrictions and prohibitions, in addition to any restrictions contained elsewhere in this chapter.
1. Perpendicular or protruding signs are prohibited. Signs shall be parallel with and attached to a wall.
2. Freestanding signs and off-site signs are prohibited.
3. Signs or other advertising located on billboards or outdoor advertising structures are prohibited.
4. Signs that extend above the roofline of the structure in which the business is located or extend over a public sidewalk or right-of-way are prohibited.
5. Display of merchandise or pictures in the window or on any facades, screens, or fencing facing inward toward or outward from the establishment of any adult entertainment business is prohibited.
C. Signs for Gasoline Service Stations. When granting a special use permit for establishment of a gasoline service station, the Zoning Board of Review shall require, as part of the applicant’s application materials, elevations drawn to scale showing all signs proposed for the use. The Zoning Board of Review shall state specifically what signs are allowed as part of its written decision.
D. Off-site signs. One sign, no larger than six (6) square feet in area, located on property other than the property where the business is located, is allowed as a special permit use. In addition to the special use permit criteria elsewhere in this Title, the applicant shall demonstrate to the Zoning Board of Review that the off-site sign is necessary for the operation of the business. The owner of the property on which the sign will be located shall be an applicant for the special use permit.
(Ord. dated 12-19-94(part); Ord. dated 5-7-96(part); Ord. dated 3-21-00(part); Ord. dated 11-16-02(part); Ord. dated 1-3-06; Ord. dated 7-17-07)
18.24.080 Commercial and industrial centers. In commercial or industrial centers or complexes in the Neighborhood Business, General Business, PUD-VC, Light Industrial, and Industrial zoning districts, where multiple businesses or uses are located in the same building or in a complex of buildings linked by internal roadways, parking areas, or pedestrian accesses, the following signs are permitted in addition to those permitted in the zoning district in which the property is located:
A. Non-illuminated informational signs, no larger than five (5) square feet in area, for hours of operation, business affiliations, location of lavatories, dining facilities, sections or areas of a building or complex of buildings, entrances, and business or tenant names.
B. Externally or internally illuminated directory signs within the center or complex to identify tenants within a particular building or area. in open plaza or courtyard area. Such signs shall be no more than ten (10) feet from the ground in height and have an area no larger than nine (9) square feet.
18.24.090 Off-site directional signs.
A. Permanent off-site directional signs no larger than six (6) square feet in area, located on property other than the property where the use is located, are allowed by special use permit in any zoning district. In addition to the special use permit criteria elsewhere in this Title, the applicant shall demonstrate to the Zoning Board of Review that the off-site sign is necessary for the operation of the business or establishment because of the location or lack of visibility of the business or establishment. The owner of the property on which the sign will be located shall be an applicant for the special use permit. No business or establishment shall be entitled to more than two such off-site signs.
B. Temporary off-site directional signs no larger than six (6) square feet in area may be located in the rights of way of town-owned streets during the hours a temporary business or event is in operation. The public works director shall approve the exact location of each such sign and shall have the authority to deny approval of any proposed sign location if the director believes placement of a sign at that location could endanger public health or safety.
C. The provisions of this Chapter do not apply to off-site directional signs approved by the R. I. department of environmental management and the R. I. department of transportation for placement in state highway rights of way through the state agriculture/aquaculture sign program.
(Ord. dated 5-16-17)
18.24.100 Prohibited signs.
A. The following signs are prohibited:
1. Signs that contain or consist of ribbons, streamers, spinners or other moving devices, or strings of lightbulbs.
2. Signs that have blinking, flashing or fluttering lights or other illuminating devices that change intensity, brightness or color. Exterior and interior illuminated signs shall have continuous white or off-white light.
3. Signs pasted or attached to utility poles, trees, fences or structures such as overpasses and bridges, and signs located in street rights of way, or in the triangle-shaped area formed by the intersection of the travel surface of two streets and a third line that joins points on the travel surface twenty feet from the intersection.
4. Signs pasted or attached to other signs unless such subsidiary portions are integral parts of the total sign design.
5. Signs with moving, mobile, flashing or revolving parts, except for signs commonly known as “barber poles” barbershops.
6. Billboards or billboard signs.
7. Signs that pose a safety hazard by obstructing the vision of motorists.
B. Any sign not specifically permitted by this chapter is prohibited.
(Ord. dated 12-19-94 (part); Ord. dated 5-7-96(part); Ord. dated 3-21-00(part); Ord. dated 7-17-07; Ord. dated 5-16-17)
18.24.110 Legal nonconforming signs. Any sign that does not conform to the requirements of this chapter but was legal at the time it was erected shall be considered a legal nonconforming sign. Such signs may be maintained, repaired, or replaced with an identical sign or a sign that conforms to this chapter. A legal nonconforming sign shall not be enlarged or relocated by special use permit.
(Ord. dated 12-19-94(part); Ord. dated 7-17-07; Ord. dated 5-16-17)
REFERENCES
R.I. Gen. Laws § 45-24-33(16).
Councilor Cacciola questioned if signs were allowed for profit.
Town Solicitor Ellsworth explained this is only for non-profits.
No other public comment.
A motion was made by Councilor Nassaney with second by Councilor Cacciola to close the Public Hearing regarding consideration of amendments to Chapter 18.24 of the Zoning Ordinance regarding Temporary Signage on Town-owned property. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
A motion was made by Councilor Nassaney with second by Vice President Palmisciano to approve the amendments to Chapter 18.24 of the Zoning Ordinance regarding Temporary Signage on Town-owned property. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
Councilor Cacciola stated she had questions regarding Executive Session Minutes.
Town Solicitor Ellsworth advised that the minutes should be continued to the next meeting for Executive Session.
F. 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.
1) Approval of Town Council Minutes
a) September 6, 2022 (Regular Meeting)
A motion was made by Councilor Nassaney with second by Vice President Palmisciano to approve the September 6, 2022, meeting minutes. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
b) September 6, 2022 (Executive Session)
A motion was made by Vice President Palmisciano with second by Councilor Nassaney to continue to the next meeting the September 6, 2022, Executive Session minutes. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
c) September 20, 2022 (Regular Meeting)
Council President Carpenter noted a correction to the minutes regarding page 5 that Vice President Palmisciano voted aye, and Councilor Nassaney voted no.
A motion was made by Councilor Nassaney with second by Vice President Palmisciano to approve the September 20, 2022, meeting minutes with amendments. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye
d) September 20, 2022 (Executive Session)
A motion was made by Vice President Palmisciano with second by Councilor Cacciola to continue to the next meeting the September 20, 2022, Executive Session minutes. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
2) Approval of Tax Assessor Abatements dated September 26, 2022
A motion was made by Councilor Cacciola with second by Vice President Palmisciano to approve the Tax Assessor Abatements dated September 26, 2022. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye
3) Approval of Appropriations and Payment of Bills – 9/15/22 to 9/28/22
A motion was made by Vice President Palmisciano with second by Councilor Nassaney to Approve the Appropriations and Payment of Bills – 9/15/22 to 9/28/22. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
G. 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)
1) Town Administrator’s Report: Karen D. Pinch on activities of the Town
a) Update on Contracts:
i. Water
Town Administrator Pinch advised on the contract with Northeast Water Solutions.
ii. IT
Town Administrator Pinch advised on the transition to Uplink the new IT vendor.
iii. Access Control
Town Administrator Pinch advised the building will be installed with key fob entry to aid in the security of the building.
iv. Paving
Town Administrator Pinch advised that Paving will be conducted on Beaver River Road starting this week.
b) Update on ARPA disbursements
Town Administrator Pinch and Finance Director Kenyon advised on ARPA disbursements.
c) Request for approval to hire Andrew Ohneck for the position of Laborer for the Public Works Department
Andrew Ohneck was present.
Town Administrator Pinch advised on the recommendation to hire Mr. Ohneck.
A motion was made by Councilor Nassaney with second by Vice President Palmisciano to approve the hiring of Andrew Ohneck for the position of DPW Laborer. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye
2) Police Chief’s Report: Elwood M. Johnson, Jr. on activities of the Police Department
a) “National Night Out” Community Policing
Police Chief Johnson advised on the National Night Out to be held at Ninigret Park. He also advised on the recent incident of shoplifting.
b) Approval of a Resolution Authorizing the Richmond Police Department to Enter into a Statewide Mutual Aid Agreement
Police Chief Johnson advised on the Mutual Aid Agreement.
A motion was made by Councilor Nassaney with second by Councilor Cacciola to Approve the Resolution Authorizing the Richmond Police Department to Enter into a Statewide Mutual Aid Agreement. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
H. 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) Resignation of Samantha Patton as Building, Planning, and Zoning Clerk and Deputy Zoning Official
A motion was made by Vice President Palmisciano with second by Councilor Cacciola to accept the Resignation with regret of Samantha Patton as Building, Planning, and Zoning Clerk and Deputy Zoning Official. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye.
A motion was made by Councilor Nassaney with second by Vice President Palmisciano to file the Communications. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye
I. COMMUNICATIONS, PETITIONS, AND PROCLAMATIONS AND RESOLUTIONS FROM OTHER RHODE ISLAND CITIES AND TOWNS
The Council may acknowledge any of the listed Communications and Proclamations and Resolutions. Should any member wish to have a conversation on any of the matters, the item will be placed on a future agenda for review, discussion and/or potential action and/or vote.
1) Communications Received:
a) Communications regarding Chariho District Funding
b) Letter Dated September 19, 2022 from Katje Afonseca, CEO to Town Council regarding Big Brothers Big Sisters of Rhode Island
c) Town of Richmond Notice of Boards/Commission Vacancies updated 9-13-22
d) Public Notice regarding Election Information
e) Richmond Senior Center News October 2022
f) Richmond Police Department Press Release dated September 20, 2022
J. PUBLIC FORUM
Those participating remotely, use the “raise hand” icon at the bottom right side of your screen, or, if you are using a phone, press *9. The moderator will tell you when it is your turn to speak.
Note: During the public forum, town council members may respond to a comment made by a member of the public if that matter is not on the agenda, but town council members may not initiate discussion of a matter not posted, and the town council may not vote on a matter not posted except: To refer the matter to another body or official, or when a vote is necessary to address an unanticipated situation that requires immediate action to protect the public health, safety or welfare.
No public comment.
K. ADJOURNMENT
A motion was made by Councilor Nassaney with second by Councilor Cacciola to adjourn at 6:25 P.M. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Nassaney, Aye; Councilor Cacciola, Aye
Attest:
_______________________
Erin F. Liese, CMC Town Clerk