Council Reverses Pole Decision, Nixes Meeting on Preserve

By Cynthia Drummond

November 26th 2024

RICHMOND – At a special Town Council meeting Monday, members voted to reverse their denial at last week’s council meeting of permission for Rhode Island Energy to install two transmission poles on Shannock Hill Road.

Rhode Island Energy is requesting the poles, but it is Green Development, which is completing a solar energy project on Beaver River Road, that needs the poles in order to connect to the grid.

Councilor Michael Colasante asked Town Solicitor Christopher Zangari to brief the council.

“Could you, Mr. Zangari, fill us in why this is back on the agenda, what your rationale is, basically going over the discussion you had with me on the phone?” he asked.

Zangari replied,

“These are poles that are being asked for placement by Rhode Island Energy, not by some other entity, strictly Rhode Island Energy on Shannock Hill, not any other street, for two specific poles.”

Zangari explained that the poles would be on a town road, so therefore, the Town Council would have jurisdiction over them. 

Colasante then asked Zangari whether the developer might take legal action against the town if the project missed the deadline for tax credits because of the pole delay.

“You actually mentioned that it would have been a real sticking point that there could have been a lawsuit for the town by not approving these,” he said.

“Potentially, yes,” Zangari said. “There are certain tax credits, my understanding, that a certain developer that is not part of this application, if there is not a connection to Rhode Island Energy, will lose out on certain tax credits,” he said.

Council Vice President Richard Nassaney asked whether the two poles were necessary for the developer to connect to the electric grid.

Attorney George Watson III, representing Rhode Island Energy, told the council that the two new poles would reconfigure the transmission lines.

“What they’re doing now with these two poles is bringing the line to the opposite side of the street for that section,” he said. “There’s already one pole on the south side of Shannock Hill Road between 6 and 8 and now, we’ll have two poles one either side of Pole 7, which will just carry that load.”

Zangari asked Watson to explain the relationship between those two new poles and the potential loss of tax credits.

“Once the developer signs an interconnection agreement, the utility company is obligated to make that connection for them,” Watson replied. “So, we’re under contract to connect the solar development to the grid, and so if we’re unable to do this, we have an issue there, and if we’re unable to make this connection, they’re unable to connect to the grid as well.”

Colasante said it was unfortunate that the town might face a lawsuit for the developer’s lost tax credits.

Watson said,

“That’s not Rhode Island Energy. That would be something that would potentially come from the developer, but we would also have to, obviously, advance the pole placement required to do the interconnection. We’re contractually obligated to that.”

Council members voted to approve the two poles.

The Preserve Tax Appeals

Items pertaining to the Superior Court appeals of property taxes at the Preserve at Boulder Hills were added, at Colasante’s request, to the agenda of the Executive Session, which was to follow the special council meeting.

The tax appeals, which go back to the 2020 tax year, are now in court-ordered mediation, with Colasante and fellow councilor Samantha Wilcox representing the town.

Before the council voted to enter executive session, Wilcox said she would vote against discussing the Preserve tax appeals.

“Any decision that we make tonight is still going to have to go before the council elect, so, in my opinion, it’s really something that we’re wasting time on, because it’s not something that’s going to be before this council. It’s going to be before the next council, and I’m really the only person who’s going to be a part of that, so I feel like we’re wasting town staff time, Town Solicitor time, by going in and having this discussion.”

Wilcox, the only current council member who will be on the new council, suggested current members put their opinions in writing and send them to the incoming council.

Colasante who lost his bid for reelection to the council, said he had attended the recent mediation session, which Wilcox had not been able to attend.

“It was very, I think, invaluable to hear the discussions and whatnot, and I think it was part of this council, and I’d like to have a little bit of, you know, clarity and resolve with this before it’s sent off to the next council,” he said.

Nassaney suggested Colasante send a letter to the new council, briefing them on the situation.

“Put all of your thoughts, all your information that you received and send it to the new council,” he said. “This council has no bearing.”

Colasante then proposed that council members vote on the tax issue that night.

“Mr. President, we could make a decision today, if we wanted to,” he said.

Council President Mark Trimmer asked members to vote on whether to enter executive session. Colasante and Helen Sheehan voted in favor, with Trimmer, Nassaney and Wilcox opposed, so the motion failed and the Preserve property tax appeals will be a matter for the incoming council