Burrillville Town Council reaches boiling point over power plant


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2016-06-23 Burrillville Town Council 004
Donald Fox

There were tears, anger, accusations, offers of forgiveness and just straight up fireworks at the Burrillville Town Council meeting Wednesday night. Town residents came out in force to the first meeting held since the Senate Judiciary Committee very publicly killed the Keable/Fogarty bill that would have allowed voters in Burrillville the opportunity to approve or reject any proposed tax treaties with energy plants in the town.

This bill was important because Invenergy has plans to build a $700 million fracked gas and diesel oil burning power plant in the town, and the residents of Burrillville don’t completely trust the town council to negotiate in their best interests. As the residents of Burrillville descended en masse to the State House to testify in favor of the bill, the town council issued first a a press release then an official resolution opposing the legislation.

Various timelines have been floated as to how this press release/resolution came to pass. On June 9th I sent a request to Burrillville Town Clerk Louise Phaneuf asking for a copy of the video of the June 7 town council meeting. I was informed that there was no video, since the camera was malfunctioning. I followed up by asking for a copy of the minutes. Phaneuf wrote back, “Thanks for your request for minutes. I will forward a draft as soon as I have it ready. However, there was no discussion of the press release at that meeting.”

Kimberly Brissette Brown
Kimberly Brissette Brown

That’s not what Town Councillor Kimberly Brissette Brown said when she emotionally recounted the story of the press release at Wednesday’s town council meeting. She said that it was at the June 7 town meeting that it was decided to issue the press release. It wasn’t decided by a vote, she said, nor was it an agenda item. The next night, at a regular town council meeting, the council went into executive session and turned the press release into a resolution.

Meanwhile on June 8, the residents of Burrillville were at the Senate Judiciary Meetting, having the press release sprung on them by Senators Frank Lombardi and Steven Archambeault. They proceeded to use the press release/resolution to humiliate the Burrillville residents, providing ad hoc civics lessons on representational government and generally putting the people of Burrillville on the defensive. “It was humiliating,” said Burrillville resident Kathy Sherman.

The way this resolution was produced, potentially without proper public notification, potentially without being properly put on the agenda, and potentially not being voted on properly either in open or executive session, may well be illegal and violations of the Open Meetings Act. As Barry Craig, Burrillville resident and retired lawyer, pointed out, the Open Meetings Act has provisions that allow members of the public to hold the individual members of the town council financially liable for attorney fees if they sue and win, which might become an expensive proposition for them. (See video 01 below)

Craig ended up in a shouting match with Town Councillor Donald Fox, who objected to being characterized as “lazy” for helping to make an end run around the people in addressing the Senate Judiciary Committee and possibly violating the Open Meetings Act. “You violated the law!” shouted Craig, “Does that mean anything to you?” (See video 26 below)

Fox retorted that Craig was “out of order”.

2016-06-23 Burrillville Town Council 003
Donald Fox and Barry Craig

Kimberly Brissette Brown’s address to the people of Burrillville needs further consideration as well. (See video 03 below) She begins by saying that since Invenergy won some forward capacity obligations in the recent the ISO-NE, the company is on the hook for potentially millions of dollars if the plant is not built. One big question: Why should anyone in Burrillville care about bad decisions made by a Chicago based energy company? How is it possible that Burrillville should be liable for Invenergy’s bad business decisions?

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Nancy Binns

It was an unusual night, because individuals on the town council became unusually chatty. Nancy Binns spoke, (See video 15 below) saying that no on on the town council “is wildly enthusiastic about this power plant.” Does this mean that at least one member is moderately enthusiastic?

Steven Rawson spoke (See video 25 below), but only after telling the audience that if they dared interrupt him, he would stop speaking. He then defensively spoke about his years of service for the town, but addressed no pertinent issues.

In fact, every member of the town council said at least a few words, even Michelle Bouchard, who used to be referred to as “the one who never speaks” by some residents when we talked about town council meetings.

Gone was the united front the town council used to show in the past. Gone was the idea that the town’s attorney, Oleg Nikolyszyn, could speak for the council.

It was Debbie Krieg (See video 07 below) who took Oleg to task for a video in which he claimed Cale Keable brought Invenergy to the town. Even if that’s true, said Krieg, Cale Keable has more than made up for it by changing his mind and listening to his constituents and fighting hard to prevent the power plant from coming to town.

Krieg also revealed that that through her APRA request she had learned that high priced consultant Dyana Koelsch, hired to facilitate communications between the town council and residents, was pulling in $200 an hour for her work. Some in the audience audibly gasped. “These are tax payer dollars,” said Krieg. “How long is this going to last?”

“I believe she has a six month contract,” said Council President John Pacheco.

Also discussed was Monday night’s planning board meeting. Residents were extremely unhappy with the performance of the ‘experts’ hired by the town. They were unhappy with the way that meeting was conducted. They were especially unhappy with the idea that opening a well contaminated with MTBE may possibly poison the Harrisville water supply, or that Invenergy might have to draw water from Wallum Lake to cool its generators.

Perhaps the most startling new piece of information to come out of Wednesday’s town council meeting is the fact that Governor Gina Raimondo‘s planned July 18 trip to Burrillville to face residents might not be set in stone. Council President Pacheco said that when he reached out to the governor’s office, he could not confirm the date because her people said her schedule was “in flux” and he was told that the governor’s people were handling all arrangements.  (See video 36 below)

The town council ended the meeting by voting to go into executive session, where they could discuss the Invenergy power plant away from the townspeople, which isn’t quite irony, but close enough.

Below is the full video of the meeting as pertains to the power plant.

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Community renewable energy for all Rhode Islanders


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community-solar_410_282_c1On June 18, the General Assembly passed a renewable energy legislative package that continues to move Rhode Island towards a clean energy economy of the future.

One section of this package, reflecting legislative language I introduced this session, expands Rhode Island’s net metering law to provide residential accounts and low-income and affordable housing residents the capacity to remotely net meter. By creating new opportunities for community renewable energy projects that are open to all Rhode Islanders (not just folks who own a roof that’s perfect for solar), our legislation will spur local renewable production, boost our state’s economic development, and bring the benefits of renewable energy to thousands more Rhode Island families.

This program expansion comes not a moment too soon. Most of us understand that there is a climate catastrophe hurtling towards us that requires urgent action. We also know that the move to renewable energy offers incredible economic potential – in fact, Rhode Island’s 2016 Clean Energy Industry Report found that clean energy employment grew a stunning 40% last year, to 14,000 jobs. So as a state, we have both a moral obligation and an economic imperative to go full steam ahead with a transition to clean energy.

To achieve this, we need to take renewable energy to scale and make sure its benefits are accessible to all Rhode Islanders. Community remote net metering is a critical piece of that puzzle; here’s how it works.

Net metering is a policy that allows Rhode Islanders who install renewable energy systems such as solar panels to connect to the electric grid and receive credit on their bill for the energy they generate. It makes sense (folks should be credited for the energy they’re producing) and creates a major economic incentive to develop these projects.

The problem is that right now, net metering can only apply to installations that are physically on a customer’s property. Yet only 25% of rooftops in Rhode Island are currently optimal for solar systems. Many homes are affected by shading from nearby trees or angling issues. And lots of Rhode Islanders are renters, or live in affordable housing, meaning they’re not able to install projects right on their residency. The way the current program is set up, we’re excluding three quarters of Rhode Islanders from participating in this market right off the bat!

By expanding net metering to include off-site generation and community solar projects, we can ensure that every family has an opportunity to access the benefits of cheap and stable renewable energy, whether or not their direct premises are suitable for a solar or wind system.

That means a lot more demand for these projects, which means more businesses stepping up to fill that demand, which means more jobs, more clean energy, and lower costs for thousands of Rhode Islanders.

It also means more equity. Off-site net metered systems can be designed to serve multiple customers, providing a way for renters and low-income families to join together on community renewable projects that they could never site or afford on their own. As we transition to a clean energy economy, we can’t leave anyone behind, so it is critical that we open net metering to all Rhode Islanders – not just those who can afford to build a full system individually.

We have a responsibility to the next generation of Rhode Islanders to act on climate change by bringing renewable energy to scale. But we shouldn’t fear this clean energy transition. Rather, this should be a revolution to celebrate, for it entails more jobs for working families, enhanced energy security for our state, and – ultimately – reduced energy costs for all Rhode Islanders.

By expanding access to the democratic, open-source energy generation that comes from community remote net metering, we are moving our state forward toward a more prosperous, equitable, and environmentally friendly economy for everyone. And that’s something we can all get behind.

Significant protections against wage theft passed


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jobswjusticeAfter years of struggle the Rhode Island General Assembly under the leadership of Senator Donna Nesslebush, and Representative Joe Shekarchi have passed a bill that finally makes the scourge of wage theft a crime. Stealing workers’ wages has always been civil offense with serious hurdles from the bureaucracies that were supposed to help. With close consultation with the DLT and Director Scott Jensen and legislative stakeholder meetings, House Bill 7628 and Senate Bill 2475 passed in the small morning hours on Saturday June 18.

These bills will provide for serious penalties including fines and imprisonment for taking from working Rhode Islanders. Perhaps the most significant penalty is the loss of a business license, the bills also empower the director of the Department of Labor and Training to determine compliance. Encouraging responsible reporting and discouraging false claims, the process of private suit has meaningful safeguards in place.

“Too often we see workers awarded a judgment by DLT only to have the employer refuse to pay what is owed,” said Robert McCreanor executive director of the worker advocacy law firm The Rhode Island Center for Justice. With the power to revoke business licenses from offending employers who refuse to comply with its rulings, DLT will be able to compel prompt payment and get more money, more efficiently, into the hands of the worker who earned it. While more work needs to be done to address the growing problem of wage theft, this bill provides an important tool for Rhode Island workers.”

Said Lidia Jimenez a member of Fuerza Laboral, “As a worker that has had their wages stolen, I feel proud that my testimony and that of Flor Salazar helped elected officials understand the atrocities that are committed daily by bad employers who feel that justice will not reach them and take our daily bread. This will help put an end to some of the abuse.” It is estimated by Economic Progress Institute that over $50,000,000,000 per year are stolen from workers’ wages. The process of enforcement historically has been spotty and difficult to apply.

Jeremy Rix who is running for 2nd ward of the Warwick City Council said, “I’m thrilled that the wage theft reforms introduced by Rep. Shekarchi become law. This law will deter many unethical employers from stealing wages, and provide a meaningful path for vulnerable employees to recover their stolen earnings.”

The organizations that have participated in the effort to pass these two vital bills are: Rhode Island Jobs with Justice, The RIAFL-CIO, Fuerza Laboral, and the Rhode Island Center for Justice. Each of these organizations is committed to improving the conditions of Rhode Island’s working people.

Jeanine Calkin challenges Walaska in Senate District 30


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Jeanine Calkin
Jeanine Calkin

My name is Jeanine, and I am running for State Senate because I’m tired of our stagnant political system leaving so many of us behind.

Over the last 35 years, the diminishing of the middle class is staggering.  Growing up, I knew that if I worked hard and got a college degree, I could make a good living for myself.  Unfortunately today, that is not necessarily the case.  With fewer manufacturing jobs, and a turn toward a service industry economy, good paying jobs are hard to find.  People cannot live on these low paying wages, and the fight for an increase to the minimum wage is critical.  Reliance on credit cards has hidden the struggle of the middle class.  Too many families cannot afford an emergency such as a car accident, or medical care.

I had never gotten involved in politics before Bernie Sanders’ message inspired me to stand up and fight for the 99%.  I ran the field campaign for Bernie here in Warwick, where we wound up winning by 19 points. In our state, it is getting harder and harder to get a decent paying job. The Rhode Island middle class is disappearing, our jobs are leaving the state, and our government does little to help the working families who live here. As a lifelong Rhode Islander, I care about the future of our state.

The politicians who run Rhode Island keep giving handouts to politically connected corporations instead of helping the working families of our community.  Our current State Senator hasn’t just voted for these policies; he holds extreme conservative views.  For instance, after the tragic mass shooting in Orlando, I looked up his NRA rating, and I was shocked to learn he has an A+ from the gun lobby.

I am a Progressive Democrat, and will work with others in the Senate on core issues such as social security, income inequality and the environment. Together, we can transform our community to represent all of us, not just the special interests.

Labor concerns over RI’s GEM Realty investment


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Seth Magaziner
Seth Magaziner

The RI State Investment Commission voted to invest $20 million with GEM Realty Capital, despite the company’s claim that the health and safety of employees at the Sofitel Los Angeles Hotel in Los Angeles, one of the many properties owned by the company, is not something they can have any affect on.

GEM Realty describes itself as a real estate investment company that invests in “private-market real estate assets and publicly traded real estate securities”. At the meeting on Wednesday morning, two GEM Realty representatives admitted that there were problems at the Sofitel Los Angeles Hotel, but said that as they are not the majority investor in the enterprise or involved in the day-to-day management of the business, there is little they can do to effect positive change in the way workers are being treated at the properties they invest in.

Treasurer Seth Magaziner lead the questioning of the company reps about the allegations of unsafe and un-sanitary labor conditions at the hotel and Commission member Marcia Reback asked about the use of a firm known for union busting to prevent workers from unionizing. The GEM Realty reps assured the Commission that the union-busting firm was no longer employed by the hotel and that the health and safety issues were in the process of being resolved via the National Labor Relations Board (NLRB).

On April 25 employees filed a complaint with the CA Division of Occupational Safety and Health complaining about the hotel’s failure to provide safety equipment to employees charged with cleaning medical waste from Sofitel Los Angeles Hotel rooms. Many guests receive treatment at a nearby hospital and leave medical waste behind. Though management shows an instructional video every year about the proper disposal of needles and  bloodied linens, employees say “the hotel does not provide the safety equipment shown in the video”.

GEM RealtyThe Sofitel LA Hotel has also drawn “multiple Unfair Labor Practice charges that are currently being investigated by the regional office of the NLRB alleging that since employees raised the health and safety issues, hotel management has responded by threatening and surveilling employees and in one case illegally firing one of the employee leaders,” says Jim Baker coordinator for Unite Here. These case can be accessed here.

Then there’s the class action lawsuit seven employees have brought against the hotel alleging wage theft. Business Wire reports, “Six of the plaintiffs allege being paid less than the minimum wage while working at the Sofitel Los Angeles at Beverly Hills. A former barback, as well as three housekeeping workers, a banquet worker, and a restaurant server, allege that management underpaid or have been underpaying them by up to $5.37 per hour.”

Sofitel Los Angeles Hotel
Sofitel Los Angeles Hotel

Aside from the allegations of deplorable labor practices, there may be sound financial reasons to avoid investing in GEM Realty, says Sam Bell, executive director of the Rhode Island Progressive Democrats of America, has concerns about the very idea of private equity investments for our pension funds.

“With their high fees, private equity investments are a bad deal for our pension fund,” says Bell, “As Treasurer, Gina Raimondo, who made her fortune in this controversial industry, made a big move into high-fee funds, and that decision continues to drive our pension fund’s poor performance.  Seth Magaziner campaigned on a new kind of politics.  Expanding private equity investments, while other funds are pulling out of high fee options, would represent a move back to the aggressively pro-Wall St. policies of the previous Treasurer.

“Real estate private equity funds are especially poor choices, given their distinctive record of pushing policies that hurt American families,” says Bell, ” In the case of GEM Realty Capital, it is aggressive violations of workers’ rights that stand out, but across the real estate investment industry in general there is a serious and pervasive culture of immorality.”

Though the GEM Realty reps were asking for a $30 million investment from the state, the board seemed to feel that a $20 million investment was more in line with their investment strategy.
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Speaker Mattiello challenged by Republican Steven Frias


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Frias
Steven Frias

Steven Frias, a Rhode Island Republican leader and prize winning writer, has announced his candidacy for Representative in District 15, which is currently held by House Speaker Nicholas Mattiello. The race presents a clear choice between Speaker Mattiello, the chief defender of Rhode Island’s failing status quo, and Frias, an articulate advocate for dramatic reforms to make Rhode Island’s economy more prosperous and its government more ethical.

Frias stated, “Rhode Island’s most powerful politician, Speaker Mattielllo, believes Rhode Island is in ‘excellent shape’ and that state ‘government actually works very well.’ Well, I have to disagree. For example, Rhode Island currently has the sixth-worst business-tax climate in the nation according to the nonpartisan Tax Foundation. Further, Rhode Island’s structural budget deficit will grow to over $300 million dollars in a few years according to new budget projections. Moreover, in just the last two months, Rhode Island has lost nearly 4,000 jobs. To make matters worse, in less than two months, members of Mattiello’s House leadership team have become mired in scandal. This is unacceptable.”

Frias continued, “To grow our economy, the cost of doing business in Rhode Island must be significantly reduced. For starters, we should repeal the new tolls, and implement dramatic reductions in Rhode Island’s tax rates to levels below those of its neighboring states, like Massachusetts. To restore public confidence in our state government, we need reforms such as requiring legislative grants to be specifically listed in the budget, a line-item veto, restrictions on fundraising while the General Assembly is in session, requiring the General Assembly to follow open meetings laws, and term limits. It’s time we clean house at the State House!”

[From a press release]

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Progressive Democrats call for action on Superman Building


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RIPDA logoEvery night in downtown Providence, we see the darkened windows of our state’s tallest building. It’s a sad sign of failed development policies. Recently, the developers announced that they are going to hold the building empty for yet another year, waiting for a massive payout from the taxpayers. What a better way to bully Rhode Island into giving them subsidies than to insist on keeping the largest and most recognizable building in Rhode Island completely empty?

In 2008, the building was bought by David Sweetser and High Rock Development LLC for $33 million dollars. In a bid to lower their taxes, the developers are now arguing that the building has “no value.” In 2013, Sweetser asked for $75 million in state assistance and tax breaks, and each year, he comes back to ask again.

Rhode Islanders should not be held responsible for bad business decisions. And we should subsidize affordable housing, not luxury apartments that further segregate the rich from the poor. With the massive expansion of the agency that did 38 Studios, more and more Rhode Island corporations are coming to expect big checks from the state for any developments they do. And more and more developers are holding development hostage to bargain for public bailouts. It’s time to take action.

That’s why, continuing our strong stance against corporate welfare, we call on our political leaders to reject any subsidies for the Superman Building. We need to send a clear message that holding the building empty to extort money won’t work. Until the developer gets the message, the building will remain vacant.

We ask Sweetser to either develop the building or sell it to someone who can. The people of Rhode Island will not be bullied into giving absurd amounts of money to bail out a corporation’s mistakes. We can’t let this Massachusetts developer take advantage of us by using enormous tax subsidies to build unaffordable luxury apartments. Spending $75 million on corporate welfare for luxury apartments is unethical. Less than 5 years ago, the state of Rhode Island gave $75 million dollars to 38 Studios. We ask that we not make that mistake again.

Led by Cicilline and Lewis, Dems shut down House of Representatives


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cicilline lewisCongressional Democrats shut down the U.S. House of Representatives by staging a sit-in on the floor that lasted more than 12 hours, led to disarray and physically prevented Speaker Paul Ryan from conducting business.

They were protesting against House Republicans who refuse to allow a vote on a bill that would get guns out of the hands of suspected terrorists. The civil disobedience was organized, in part, by Rhode Island Congressman David Cicilline. Georgia Congressman John Lewis, a hero of the Civil Rights Movement, was the undisputed leader and moral compass of what some called the “beginnings of a movement.”

The planned direct action began shortly after 11am. RI Future reported on it just before 1pm. Shortly after 1am, Speaker Ryan and House Republicans called for vote to adjourn until July 5 at 2:30 am. Minority Leader Nancy Pelosi said Republicans were sneaking out in the dark of night.

Earlier in the evening, Ryan was shouted down when he tried to conduct business and he retreated from the speaker’s rostrum. Democrats chanted “shame, shame, shame” as he and his fellow Republicans left the chamber. From the back of the chamber, Republicans tried briefly to shout down the Democrat’s protest. One yelled “radical Islam” over and over. The civil disobedience had devolved into bedlam. The New York Times called it a “remarkable scene of pandemonium.”

Democrats held control of the chamber for four more hours, broadcasting live not through the traditional TV cameras in the Capitol but rather through the Periscope and Facebook Live feeds of legislators.

“Still here,” Cicilline tweeted just after midnight.

Cicilline was lauded by his colleagues throughout as a leading voice and organizer of the effort. RI Rep. Jim Langevin also participated, but Cicilline played a leading role throughout the event. He stood next to Rep. Lewis for much of the evening and even joined in the mayhem when Republicans made a failed effort to regain control early in the evening, shouting at House security who tried to remove spectators from the balconies, which are typically off limits to the public when the House is in session, saying “This is the people’s House!”

In a speech he delivered just after 2am, Cicilline said, “We’ve now been here for about 14 hours and I just want to make sure everyone understands what House leadership is about to do. We all talk about the great promise of America … none of it is real if we can’t keep people alive. We tried to have a discussion about these sensible ideas. The American people are going to wake up in the morning and realize the Republicans allowed us to do nothing about this problem. Shame on them for blocking these common sense proposals.”

House Democrats are calling for a floor vote on a bill that would deny guns for people being investigated as terrorists. While a similar bill was defeated in the Senate, Speaker Ryan has not let it come up for a vote in the House.

Outside Congress, a protest of the people convened. “In my 5 decades in Congress, I’ve never seen us come together like this,” said Michigan Congressman John Conyers.

The gravitas of Congressman Lewis, who has endured brutal beatings from the police for protesting during the Civil Rights era, was palpable throughout the affair.

“Thank you for getting in trouble,” he said during one of his speeches during the action. “By sitting-in you are standing up. I don’t know what the end is going to be. But my idea: just stay here. Just stay here.”

cicilline sitin