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

RICHMOND TOWN COUNCIL

Minutes

Regular Town Council Meeting

Chariho Middle School Auditorium

455 Switch Rd B, Wood River Junction, RI 02894

January 19, 2023

7:00 P.M.

Fire Marshall Dave Caswell announced the fire exits.

A. CALL TO ORDER

President Trimmer called the meeting to order at 7:00 P.M.

B. THE PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance was recited.

C. ROLL CALL

Town Council Members present in the Chariho Middle School Auditorium were as follows: Mark Trimmer, Rich Nassaney, Helen Sheehan, Michael Colasante and Samantha Wilcox. Also present, Town Solicitor Karen Ellsworth, Town Administrator Karen Pinch, Finance Director Laura Kenyon, Police Chief Elwood Johnson, Fire Marshall Dave Caswell, Town Planner Shaun Lacey, Emergency Management Director Randy Gemme, Sergeant William Litterio, Patrolman Ryan Donohue, Patrolman Paul Marshall, and Town Clerk Erin Liese.

A motion was made by President Trimmer, seconded by Councilor Colasante, to move forward items J 5 & 6. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

J. 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:

5) Resignation of Gary Liguori from the Chariho School Committee

A motion was made by Councilor Sheehan, seconded by Councilor Colasante, to accept the resignation of Gary Liguori from the Chariho School Committee. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

6) Discussion and Consideration of Appointment of the Chariho Regional School Committee member to fulfill the term expiring November, 2024

A motion was made by Councilor Wilcox, seconded by Vice President Nassaney to nominate and appoint Jessica Purcell to the Chariho Regional School Committee, with term expiring November 2024.

Councilor Wilcox expressed her reasoning for the recommendation of appointing Jessica Purcell to the Chariho Regional School Committee. She referenced the April 19, 2016 Town Council minutes that showed precedence, when the Council followed the Charter. She also advised that in 2016, 2018, and 2020 there were no unelected candidates.

Councilor Colasante explained the opinion and credentials of Robert J. Flanders, Jr. and stated he agreed with Solicitor Ellsworth’s opinion.

Vice President Nassaney stated that Jessica Purcell was voted by the people and only lost by a small margin. He advised against making decision based on politics.

Councilor Sheehan stated that voters clearly voted for two conservative candidates. She stated that she agrees with the Chariho Act that the best decision is to pick the best candidate.

Councilor Wilcox stated that not every resident is against a conservative candidate. She stated that Jessica Purcell lost by 28 votes. She reiterated that the legal opinion states that the State Law generally trumps local laws. They are legal opinions, not rulings.

President Trimmer shared the legal opinion he received from Attorney Joseph Larisa, stating that he concurs with Solicitor Ellsworth.

Bill Day approached for public comment sharing his opinion that Jessica Purcell is the most qualified to be on the School Committee.

Bruce Olean approached for public comment urging the council to do the right thing.

Gary Stoner approached for public comment stating that the charter is clear, that the next person in line to be on the school committee should be appointed by the town council. He reiterated that it was the duty of the council to serve the people of the town of Richmond.

Marla Murphy approached for public comment stating that Jessica was prepared and knowledgeable and had vision and passion for making schools the best they can be. Doesn’t understand why “we’re playing politics”.

Kathryn Colasante approached for public comment stating that we all have a right to express our concerns regarding children and taxes. A diversity of opinion should be respected.

Bethany Jenkins approached for public comment stated that she agrees with Mrs. Colasante. She reiterated that the Chariho Act allows the council to appoint, and the Town Charter says to follow the will of the people.

Bob Sayer approached for public comment stating, “politics end when the election is done” and that the Town Council must work together and respect the home rule of Richmond. He believes Jessica Purcell deserves the position.

Peg Boyd approached for public comment stating that there is a linear precedent utilizing the current Chariho Act and how current and prior Council have interpreted the vacancy.

Nell Carpenter approached for public comment. She stated that she believes that it is not a matter of who, but how. She states that the Chariho Act decides how the council should act. The next individual should be next.

Jeff Noble approached for public comment stating that this is political, that the council is exercising their power. He believes that having Jessica Purcell’s diversity would appease differences of voters.

Donna Porter approached for public comment urging Council to honor the democratic process.

Jamie Marland shared concern with the appointment.

Jessica Purcell approached for public comment thanking the public for their support. She stated that she didn’t want to see voters disenfranchised and Richmond underrepresented. She believes the Council could act in good faith.

Back to the Vote: President Trimmer, Nay; Vice President Nassaney, Aye; Councilor Sheehan; Nay; Councilor Colasante; Nay; Councilor Wilcox, Aye. (Motion fails)

A motion was made by Councilor Sheehan, seconded by Councilor Colasante to nominate and appoint Clay Johnson to the Chariho Regional School Committee, with term expiring November 2024.

Councilor Wilcox disagreed with the nomination. She stated that the voters have spoken and did not see Clay Johnson at the Omnibus meeting and thought it was important to point out that he is not involved with the school currently. She stated that she believes it is an inappropriate appointment and believes it seems that a decision has already been made.

Vice President Nassaney stated that he was speechless and disgusted.

Gary Stoner approached for public comment stating that he also believed that Clay Johnson was an inappropriate choice given that he is an owner of a private school in South Kingstown and would pose a conflict of public school vs. private school.

Joe Reddish approached for public comment stating that when there is an opening on a board that it should be advertised for at least 30 days. He encouraged Council to step back and think about morals. He suggested that there are people in the community who will be suing the town for a poor decision. He believes the best decision would be to table this and advertise properly.

Councilor Wilcox stated that per the rules of the Council, Council members are allowed to rebut while public forum is taking place and that she was being disenfranchised of the opportunity. She stated that because she did not receive notice that she was not able to get a background of Clay Johnson.

Bill Day approached stating that President Trimmer had been on Council the last time a decision like this was to be made.

Solicitor Ellsworth advised that there is no requirement to advertise the vacancy, but in the past Council had advertised.

Vice President Nassaney stated that it would be smart to advertise.

Jim Palmisciano approached and requested Council by a show of hands who took an oath to honor the voters. He also requested who supported the Parents United Pledge.

Councilor Sheehan stated that she is dedicated to the children of the town and has concerns that people are being driven out of the town due to taxes and by progressive teaching in school. She believes the moral thing to do is to look for someone who will help look at ways to continue to give children a good education and to contain cost.

Nell Carpenter approached and requested that council consider advertising.

Bruce Olean stated that in the Chariho Act the Town Council has the right to elect.

Derek McGinnis stated that he was not a fan of increasing taxes but supports education. Believes that nominating Clay Johnson off the cuff is a mistake.

Kristen Chambers stated that there could not be a better person than Jessica. She questioned if any of the Council members received money from Clay Johnson.

Councilor Sheehan and Councilor Colasante stated that they did not.

Louise Dinsmore stated that she believed Clay Johnson would provide a needed voice and level playing field on the Chariho School Committee. She questioned the money Councilor Wilcox donated to Jessica Purcell’s campaign.

Councilor Wilcox stated that she called the Ethics Board in preparation of the campaign donation. The Ethics Board stated that it was fine for residents to donate to each other’s campaign. She also stated that she donated $25 to Jessica’s campaign and that Jessica donated $25 back to her. She stated that it doesn’t cause a conflict, it doesn’t call for recusal.

Councilor Colasante stated that Clay Johnson is well qualified with a financial background and budget expertise. He believes it would be healthier to have a 6/6 split between liberals and conservatives.

Cynthia Reiser stated that she doesn’t know Clay Johnson. She discussed the letter Clay Johnson wrote.

Vice President Nassaney stated if council wanted to make a motion or decision, that it should be put out to the public or put out an application that it should not be put to a vote.

Louise Dinsmore stated that they are in the middle of budget negotiations with the Chariho School Department and that they need to seat someone who has financial expertise.

Donna Porter stated that there were three people who did not get elected to the school committee. Jessica, Ryan Callahan and Bill Day, three people who had to go through the whole process. She stated that it is the Town Council’s duty to represent the town.

Jessica Purcell responded to the comment about balance, that if the council wanted balance they should advertise the position. If the Richmond Republicans wanted someone with experience, they should have run with someone with experience.

Discussion ensued on precedent.

Back to the Vote: President Trimmer, Aye; Vice President Nassaney, Nay; Councilor Sheehan; Aye; Councilor Colasante; Aye; Councilor Wilcox, Nay.

A recess was taken at 8:26 P.M. The Council reconvened at 8:37 p.m.

D. RECOGNITION

1) Introduction of Patrolman Paul Marshall

Chief Johnson introduced Patrolman Paul Marshall. He explained he is a Richmond resident and Chariho graduate.

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:

1) Approval of Resolution 2023-2- Resolution Regarding Juneteenth Independence Day

A motion was made by Councilor Colasante, seconded by Councilor Wilcox, to Approve the Resolution 2023-2- Regarding Juneteenth Independence Day. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Nay; Councilor Colasante, Aye; Councilor Wilcox, Aye.

2) Approval of Resolution 2023-3: Recognizing Eagle Scout Aidan Pickett

A motion was made by Councilor Colasante, seconded by Councilor Wilcox, to Approve the Resolution 2023-3: Recognizing Eagle Scout Aidan Pickett Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

A motion was made by Councilor Wilcox, seconded by Vice President Nassaney, to open the Public Hearing on amendments to Chapter 2.20 of the Code of Ordinances regarding bereavement leave and amend the definition of immediate family member. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, 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:

1) Discussion and consideration of amendments to Chapter 2.20 of the Code of Ordinances regarding bereavement leave and amend the definition of immediate family member

Town Administrator Pinch explained the amendments that would allow bereavement leave for aunts, uncles and cousins. It also recognized stepchildren in the definition of immediate family member.

President Trimmer questioned if this was also inclusive to same sex couples. Town Solicitor Ellsworth advised it was.

A motion was made by Councilor Colasante, seconded by Vice President Nassaney, to close the Public Hearing on amendments to Chapter 2.20 of the Code of Ordinances regarding bereavement leave and amend the definition of immediate family member. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

A motion was made by Councilor Colasante, seconded by Vice President Nassaney, to approve the amendments to Chapter 2.20 of the Code of Ordinances regarding bereavement leave and amend the definition of immediate family member. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, 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.

1) Approval of Town Council Minutes

a) January 3, 2023 (Regular Meeting)

Councilor Wilcox requested item 1a be pulled for consideration. She requested amendments to the minutes to include President Trimmers comment on term of Town Solicitor Ellsworth from 1 year to 18 months and correction to Vice President Nassaney Vote on K1.

A motion was made by President Trimmer, seconded by Councilor Wilcox, to approve the January 3, 2023 minutes as amended. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

Councilor Wilcox questioned if 1b minutes were the same as provided at the meeting on January 17th. Town Clerk Liese advised they were.

A motion was made by President Trimmer, seconded by Councilor Colasante Consent Agenda Items 1b - 4. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

b) January 3, 2023 (Executive Session)

2) Approval of Town Department Reports

a) Approval of the Town Clerk’s report for the month of December, 2022

b) Approval of Tax Collector’s report for the month of December, 2022

c) Approval of Police Department report for the month of December, 2022

d) Approval of the Finance Department report for the month of December, 2022

3) Approval of Appropriations and Payment of Bills – December 15, 2022 to January 6, 2023

4) Approval of Tax Assessor Abatements- January 10, 2023

H. 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.

Bill Day shared concerns with the Town Solicitor’s actions.

Cynthia Reiser shared concerns with the Council not reappointing Nancy Hess. She commented on Hess’s expertise and knowledge. She stated her vote did not count.

I. 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

1) Town Administrator’s Report: Karen D. Pinch on activities of the Town

a) Update on the Electrical Inspector Position

Town Administrator Pinch advised on Electrical Inspector’s retirement. She explained the position has been posted.

b) Update on Building, Planning, Zoning staffing and request for change to department structure/responsibilities

Town Administrator Pinch explained the Building Clerk has resigned has she has felt the position required full time. She further explained she would like to repost the position to full time and reassign some of the administrative duties of the Planner, so the Planner can take a more active role in grant writing.

Discussion ensued on staffing in the Building, Planning and Zoning Department.

President Trimmer questioned if we could authorize the change. Town Solicitor Ellsworth explained if this is included in the budget the Town Administrator could take action without the Council approval.

Discussion ensued on funding of the department, and it was noted this would be within the current budget.

Councilor Wilcox shared concern with the staffing and the Planning Department needs assistance to pursue grant opportunities.

Councilor Sheehan questioned the grant responsibilities of Town Planner Lacey.

Town Planner Lacey commented on the staffing and the clerical position needs to be full time.

Councilor Colasante advised this is the first-time hearing of this and requested Town Administrator Pinch put together a job description.

Discussion ensued on the clerical position, administrative duties, and grant opportunities.

Councilor Colasante supports the change but would like to see the job description.

Vice President Nassaney stated the Town Planner needs appropriate staffing so he can do his job.

Council consensus was taken, and they support the clerical position returning to full time.

A motion was made by Vice President Nassaney, seconded by Councilor Colasante, to approve the advertising and staff changes as proposed by Town Administrator Pinch. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

c) Request for Approval to Purchase Roll-Off Containers for the Richmond Transfer Station

Town Administrator Pinch explained the need.

A motion was made by Councilor Colasante, seconded by Vice President Nassaney, to approve the Purchase of Roll-Off Containers for the Richmond Transfer Station. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

2) Finance Director’s Report: Laura Kenyon

a) Update on the Water Chlorination System

Finance Director Kenyon advised that Department of Health and Department of Environmental Management must finalize the bid specs. They are not able to go out to bid until that is finalized.

J. 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 Bryan LeBeau for re-appointment to the Economic Development Commission with term expiration of January 31, 2026

A motion was made by Councilor Wilcox, seconded by Councilor Colasante, to approve the Request from Bryan LeBeau for re-appointment to the Economic Development Commission with

term expiration of January 31, 2026. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

2) Request from Steven M. Parente for re-appointment to the Chariho Audit Sub- Committee with term expiration of February 28, 2025

A motion was made by Vice President Nassaney, seconded by Councilor Colasante, to approve the Request from Steven M. Parente for re-appointment to the Chariho Audit Sub- Committee with term expiration of February 28, 2025. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

3) Resignation of Albert G. Vennari as Electrical Inspector

A motion was made by President Trimmer, seconded by Councilor Colasante, to accept the Resignation with regret of Albert G. Vennari as Electrical Inspector. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

4) Resignation of Karen A. DeAngelus as Building, Zoning, Planning Clerk

A motion was made by President Trimmer, seconded by Councilor Colasante, to accept the Resignation with regret of Karen A. DeAngelus as Building, Zoning, Planning Clerk. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye.

K. 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) Consideration of proposed amendment to Chapter 8.08 of the Code of Ordinances requested by Town Administrator Pinch, regarding EMA Director; and authorization for the Town Clerk to advertise for Public Hearing

Town Administrator Pinch explained the need for the amendment to align the EMA Director with the hiring practices of Department Heads and include additional response and duties.

A motion was made by Councilor Colasante, seconded by Councilor Sheehan, to authorize the advertisement of proposed amendment to Chapter 8.08 of the Code of Ordinances. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye

2) Consideration and Approval of Amendment to Water Supply Agreement with the Town of Hopkinton

A motion was made by Councilor Colasante, seconded by Councilor Sheehan, to approve the Amendment to Water Supply Agreement with the Town of Hopkinton. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye

3) Request of President Trimmer for discussion regarding an Enterprise Zone

President Trimmer requested this be tabled to the February 7^th meeting.

4) Request of Vice President Nassaney for discussion and consideration of Town Council Materials/Packet Format

Vice President Nassaney stated we are now in a digital world and the time and cost to produce paper packets is an unnecessary expense. It also is a duplicative of work for the Town Clerk’s office. He explained the process change to uploading materials to Clerk Base. He explained there are computers available to utilize.

Town Solicitor Ellsworth advised this would be an amendment to the Town Council Rules and Procedures.

Councilor Colasante explained that he requires paper for town business and should not have to pay to print it. He advised he is old school and should be accommodated.

Councilor Wilcox shared the concern of Nassaney and explained the need of efficiency. She also explained it is a personal choice and Councilor Colasante could utilize his stipend to produce.

Councilor Sheehan explained she does print documents at times at home. She questioned materials on Clerk Base from December 6th.

President Trimmer advised he would be in favor of a hybrid model to save paper cost.

Councilor Colasante stated he is being discriminated as he does not like computers.

Vice President Nassaney stated he was not being discriminated against.

Councilor Wilcox stated she was not judging she would just want town officials working efficiently.

A motion was made by Vice President Nassaney, seconded by Councilor Wilcox to amend the Town Council Rules & Procedures to eliminate paper packets. Vote: President Trimmer, Nay; Vice President Nassaney, Aye; Councilor Sheehan, Nay; Councilor Colasante, Nay; Councilor Wilcox, Aye. (Motion Fails)

5) Request of Councilor Sheehan for reinstatement of Code Red or Equivalent for Resident Notification

Councilor Sheehan emphasized the need to improve communications with residents.

Town Administrator Pinch explained the additional cost of $2,000 with Code Red to notify residents of nonemergency posts. She explained residents would need to sign up for this service. She explained the means of notifying residents with notify me, newsflash, banner and signage at town hall and the information on notify me that went out in the recent tax bills.

Chief Johnson commented on the one call now. He stated concern with residents not tuning in if over utilized.

EMA Director Gemme advised on the criteria that would need to be followed.

Councilor Wilcox agreed on the need to increase voter turnout; however you cannot force residents to care.

Councilor Sheehan requested further information from EMA Director Gemme.

A motion was made by President Trimmer seconded by Councilor Colasante, to table this to the next meeting. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye

A motion was made by Vice President Nassaney seconded by Councilor Colasante, to file communications 1a – 1ll. Vote: President Trimmer, Aye; Vice President Nassaney, Aye; Councilor Sheehan, Aye; Councilor Colasante, Aye; Councilor Wilcox, Aye

L. 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) Copy of Email to: Catherine Giusti From: Scott Bill Hurst Dated: December 29, 2022

Re: Chariho Omnibus Meeting Agenda

b) Copy of Letter to: Director Gemme From: Brittan K. Bates-Manni Dated: January 3,2023

Re: Medical Emergency Distribution System

c) Copy of Email to: Erin Liese, Town Clerk From: Jessica Purcell Dated: January 6, 2023

Re: School Committee Appointment

d) Letter to: Richmond Town Council From: Bob Sayer Dated: January 9, 2023

Re: Planning Board Member, Nancy Hess

e) Letter to: Richmond Town Council From: Richard F. Anderson Dated: January 10, 2023

Re: Planning Board Member, Nancy Hess

f) Email to: Richmond Town Council From: Thea Brennan Dated: January 10, 2023