Council Approves Poles, Rejects Settlement Offer
By Cynthia Drummond for BRVCA
October 31st 2024
RICHMOND – Members of the Town Council attended a special meeting Tuesday, their last meeting before the election, to discuss a request by Rhode Island Energy to install two new transmission poles and relocate others. They also rejected a settlement offer to drop the town’s lawsuit against the developer.
The Poles
Two new poles will transmit electricity generated by G.D. Richmond Beaver River I LLC, or Green Development’s new solar energy facility on Beaver River Road. The other poles in question are existing poles that will be improved or moved.
The new poles have been installed above ground to carry transmission lines over the Beaver River, contrary to the plan approved by the town to install all utilities underground. They have been the subject of prolonged discussions, with Town Planner Talia Jalette maintaining that because the developers had a special use permit, they were required to return to the Zoning Board to have them approve the change.
That requirement appeared to have been shelved on Tuesday.
Councilor Samantha Wilcox said she was hesitant to consider approving the poles, because they are components of the solar project the town is opposing in court.
“We’re pursuing this litigation, and this decision here affects that,” she said.
Town Solicitor Christopher Zangari said the pole issue was not part of the litigation.
“The Zoning Board didn’t have authority over anything outside of that parcel of land,” he said. “Based on that, this pole placement would not affect the Supreme Court appeal that the town has taken. The two are separate.”
Green Development attorney John Mancini reminded the council that the poles were a request by Rhode Island Energy, not the developer.
Nevertheless, council President Mark Trimmer, Vice President Richard Nassaney and Wilcox initially voted against approving the requests.
RI Energy Project Manager Denise Ducimo, participating in the meeting online, pressed the council on why the approval had been denied.
“It’s beneficial to customers in that area, and we need the work,” she said. “That’s what’s my biggest concern. We’re a union and us pms [project managers] work together and do our best to allocate efficient work crews, so I don’t know why you’re holding it back. I just don’t understand. It doesn’t seem fair.”
The idea that the poles would serve residents, in addition to the developer, gave council members pause. They rescinded the motion and voted on a new motion to approve the poles.
After the unanimous vote, attorney George Watson III, who represents RI Energy, clarified the pole situation.
“I have to clear the record here,” he said. “Those first two poles, 15 and 16, these are the two poles that cross the culvert, it’s my understanding that Green Development will be the only people on those poles. In the future, they’re going to be part of the distribution system, but as of now, there’s no existing infrastructure over there, so Green will be the only people on that.”
A Settlement Proposed, and Rejected
Green Development has petitioned the Rhode Island Supreme Court for another extension, its fifth, to file a “counterstatement” in the legal actions against the company filed by the Town of Richmond and property owner John Peixinho.
The town and Peixinho each successfully petitioned the Supreme Court for a Writ of Certiorari, in which the higher court agreed to revisit the decision rendered by the lower court ordering the Zoning Board to issue a special use permit for the solar project.
The counterstatement was due on Oct. 28, and Green has asked the Court to extend the deadline once again, this time to Nov. 17.
One of the reasons given for the extension request is settlement discussions initiated by the developer with the town.
“GD Richmond has just engaged settlement discussions with the Town to potentially settle the Town’s matter,” the petition reads. “If GD Richmond and the Town reach a settlement, this could possible make the 0214-MP case moot.”
The settlement would apply only to the action brought by the town and would not impact the Peixinho case.
The council entered executive session to discuss the settlement offer. The minutes of that meeting are sealed, and therefore, the amount of the offer is unknown.
When the council returned to open session, Trimmer announced that the offer had been rejected, with Trimmer, Nassaney and Wilcox voting to approve a motion, made by Wilcox, to reject it. Councilor Helen Sheehan voted against the motion and councilor Michael Colasante, for undisclosed reasons, abstained.
“The vote was taken, with three yays to reject, one nay to reject, and one abstention,” Trimmer said.
Asked later why he had rejected the settlement offer, Trimmer said he didn’t feel he could trust the developer.
“Green Development has not been a good neighbor with the town, and any kind of agreement between the town and Green Development would be suspect, because they don’t keep their word. If we accept a settlement, it’s basically a bribe to drop the lawsuit, and they’re going to do it again. It’s not about the money. It’s about the sovereignty of the town and the ability of the town to control what type of development takes place in the town.”
Trimmer also noted that Green Development still had not installed the wooded buffer promised in the plan for the solar facility built in 2017 at the former John and Cindy’s Harvest Acres Farm.
“They still haven’t put in the agreed-upon buffer with evergreens, so let’s see if they do that,” he said.
Wilcox said that she felt that the settlement would not have benefitted the town.
“I didn’t like the settlement, because it didn’t help the town at all long term,” she said. “They requested an extension because they’re in settlement negotiations with us, and I’m hopeful that now that we’ve rejected the offer, they’ll continue with scheduling orders of the court.”
Nassaney said he also believed that the proposed settlement would not have been in the best interest of the town.
“This tells me they’re trying to delay it,” he said. “Well guess what? You can’t buy me. This is for my town. … I will never sell my town out for any developer that’s done shady, misguided activities, and they come and make an offer after the fact.”
