Rep Keable disputes Burrillville Town Attorney accusation that he brought Invenergy to town


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oleg
Oleg Nikolyszyn

A video showing Burrillville Town Council Attorney Oleg Nikolyszyn telling a resident that Rep Cale Keable is responsible for bringing the Invenergy power plant to the town has surfaced. In the video, Nikolyszyn says, in reference to the power plant, “Why don’t you ask Mr. Keable why he proposed this whole project in the first place? It was his idea.”

Keable calls the accusation “ludicrous.”

Nikolyszyn’s statement, if true, would seriously rewrite the history of the circumstances under which Invenergy decided upon Burrillville as the location for a fracked gas and diesel oil burning power plant. I reached out to Representative Cale Keable and asked about Nikolyszyn’s accusation. Keable denied Nikolyszyn’s version of events. His full statement is compelling reading and helps to fill some holes in the timeline of Invenergy’s interest in our state:

Solicitor Oleg Nikolyszyn and others’ suggestion that I directed Invenergy to Burrillville is ludicrous and an obvious example of political “hot potato.”  Mr. Nikolyszyn, who was appointed by the Republican majority on the council, should concentrate on providing legal advice to the town council instead of engaging in petty, partisan finger pointing on behalf of its Republican members and town manager, Mike Wood.  Mike Wood and the town council have faced the town’s disgust at their actions and now they desperately seek a way to make their problem mine.  I know my friends and neighbors in Burrillville will see this obvious political tactic for what it is.  Unlike others, I know my people are smart, intelligent people, capable — and deserving of — self-determination.

“When, after listening to the people of Burrillville, I made the decision to oppose siting of a massive, oil and gas burning power plant in Pascoag, people immediately told me that power plant proponents would find a way to attack me.  After all, there is a lot of money at stake.  So this obvious and desperate attempt at political character assassination, just as the people seek redress in the General Assembly — which is exactly what several members of the town council instructed them to do — does not surprise me in the least.  Even the casual observer should be suspicious of the timing of Mr. Nikolyszyn’s statement.

“It is well known in Burrillville that our town manager, Mike Wood, intimidates anyone that steps out of line, including town council members and town employees.  As the whole town has seen, Mike Wood now has them toeing the Invenergy line.  I, however, refuse to live in fear of Mike Wood’s intimidation tactics.  Obviously, that has made me a target.  I will not allow his bullying to stop me from representing my friends and neighbors as best I can.  If that means I can never win another election, then so be it.  My only question for the town council is: “why have you not joined Sen. Fogarty and I in opposing Mike Wood’s power plant?”

“The Invenergy proposal and forthcoming tax treaty should be about one thing — what the people of Burrillville want for themselves.  Now, more than ever, I believe putting the power plant’s tax treaty before the voters is the only way to ensure our voice is heard and Burrillville’s best interests met.  Those in favor of a tax treaty can vote for it.  Those opposed will have their day at the polls.

“In the winter of 2014/2015 (either late December or January), Invenergy’s attorney — who I know and respect from the legal community and from the State House — asked me to attend a meeting in Burrillville with the town manager, whom the attorney did not yet know, his client, and the town planner to discuss a possible development in Burrillville.  Such an informational meeting is in not in any way out of the ordinary and I always try to assist my town with whatever needs that they might have.  I attended the meeting and learned of Invenergy’s proposal for the first time.  Invenergy’s plans had obviously been completely planned out before I was ever brought in the loop.  Again, the meeting was certainly not to ask my permission or anything of the like as Mr. Nikolyszyn would seem to suggest, it was informational.  The only thing that is curious about this meeting is the fact that apparently it was some time before Mike Wood — who heard the same information I did coming out of that meeting — bothered to inform the town council, who are nominally his boss.  This should not be surprising to those who understand Burrillville politics.

Cale Keable
Cale Keable

“Throughout 2015 and into early 2016, I had a neutral stance on the merits of the project and attempted to assist the town manager and town council in any way they asked.  During that time, I was asked to submit legislation to help Mike Wood’s power plant and had several conversations in that regard.  However, as the fact that the will of the people differed significantly from Mike Wood’s became clear to me, I did not submit legislation to help the power plant.  I suppose that like many, I did not fully grasp the threat to our town at that time.

“However, in March of 2016, as Sen. Fogarty and I spoke to at first dozens and then hundreds of Burrillville residents, I became convinced that Mike Wood’s power plant would hurt our town.  I therefore made the decision to publicly oppose the power plant in a letter to the Siting Board on April 7, 2016.  I would hope that Mike Wood, the town council, and the council’s staff stop their attacks against me in a transparent attempt to lay their problem at my feet.  Instead, I hope they stand up against the plant and for our people.  At a minimum, I hope they at least be intellectually honest and acknowledge the fact that they want Mike Wood’s power plant and will do anything to make sure it gets built, if that is their position.”

The angry crowds never came to the Burrillville Town Council meeting


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BTC 02The Burrillville Town Council, through their press agent Dyana Koelsch, issued a “press release” Tuesday evening in which they laid out many of the details they are looking for in a tax agreement with Invenergy, the company that plans to build a fracked gas and diesel fuel burning power plant in Pascoag.

In the release the Town Council takes a strong stand against the Keable/Fogarty legislation that recently passed House but has seemingly stalled in the Senate that would allow Burrillville voters the opportunity to approve or reject any tax treaties negotiated by their Town Council with power plant operators. Many Burrillville residents felt betrayed by the press release, arguing that the Town Council has demonstrated that it is working against the people and in concert with Invenergy.

The decision to issue the press release was made without any apparent public announcement, hearing or vote. Town Manager Michael Wood explained that in light of the legislation introduced by Rep Cale Keable and Senator Paul Fogarty, “we felt it was necessary to get a statement out… We send these press releases where we think they need to go.” (Note: atomicsteve@gmail.com is a great place to send press releases)

BTC 01The issuance of the press release was likely decided at Tuesday night’s “special meeting” of the Town Council.  In trying to access the video of this meeting, I discovered that there was no video. “As the camera was not working, there is no video for the June 7, 2016 Town Council meeting,” according to an email from the town clerk.

Too bad. It would have been interesting to hear what discussions, if any, pertained to the issuance of the press release.

The Town Council must have been expecting fireworks at their regular Town Council meeting last night. Upon arrival I noted the presence of at least four police cars and several officers outside. There was a heavier than usual police presence inside the Town Building at 105 Harrisville Main St. as well. Present was the entire Town Council, except for Kimberly Brissette Brown, who was absent. Also present were Town Manager Michael Wood, legal counsel Oleg Nikolyszyn, Town Clerk Louise Phaneuf and Koelsch.

The large, angry crowd never materialized.

In a phone interview, Koelsch told me that her PR firm was hired by the Town Council “to help them disseminate information in the best way we can to folks in town… The Town Council needs to speak with people in town and they need to let people know what they’re doing.” Clearly the Town Council thought her expertise would be useful in dealing with the angry crowds coming to the Town Council meeting.

About 20 people showed up. Only two residents from Burrillville talked to the Town Council: Donna Woods and Jaime Tessier. Instead of attending the Town Council meeting, most Burrillville residents concentrated their energies on the Senate Judiciary hearings in the State House in Providence.

The two Burrillvillians who addressed the Town Council did not mince words.

Donna Woods called the Town Council actions in sending the press release “shameful” and “corrupt.”

“You will be remembered for generations in this town for what you have done to us,” she said.

Jaime Tessier said to the Town Council, “That letter showed a complete lack of respect for the people you are supposed to represent.”

A gloomy Council President, John Pacheco III, ran the meeting almost by rote. He did not seem happy to be there. As the Council moved on from public commentary and into the regular meeting, they did so as 20 or so Burrillville residents simply sat there and watched, silently.

After the regular business was conducted, the Council went into “executive session” to hold a meeting about the Invenergy power plant. The public was not allowed to attend. In addition the the Town Council members the closed session was attended by Wood, Nikolyszyn, Phaneuf and Koelsch. The minutes and vote in the executive session have been sealed, but after coming out of closed session the Council announced that they had passed an official resolution that echoed the main points of the press release issued the day before.

Resolution

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Burrillville Town Council opposes Keable/Fogarty power plant bill


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Dyana Koelsch
Dyana Koelsch

The Burrillville Town Council opposes legislation moving through the State House that would give local residents greater say on the tax agreement between the town and the proposed fracked gas power plant.

“The ill-conceived legislation before the General Assembly that purports to give residents a voice in the matter – in fact does the opposite,” said a letter released to RIPR’s Ian Donnis last night. “It weakens the Town Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant.

The documents were released to Donnis by Dyana Koelsch, retained by the Town Council to handle public relations on their behalf. Koelsch, a former journalist-turned-public relations consultant, told me in a phone conversation last week she was retained by the Town Council to facilitate better communication between the Town Council and local residents.

The release of these documents seems to have come some time after the House passed Representative Cale Keable‘s bill, H8420 Sub A, which, if it becomes law, will allow the voters of Burrillville the opportunity to approve or reject any proposed tax treaty the Town Council makes with an power plant by popular vote. In recent days opposition to this bill has been ramping up, with Invenergy purchasing a full page ad in the Providence Journal on Saturday, an op-ed co-signed by Laurie White of the Greater Providence Chamber of Commerce and Michael Sabitoni of the Rhode Island Building and Construction Trades Council on Sunday, and a bellicose tirade on the Journal’s editorial page yesterday.

Despite the opposition of business leaders and unions the Keable bill passed the floor 64 to 7 as Burrillville residents applauded. You can watch the vote below and see the reaction of Burrillville residents below. The difference between the votes reported above and the votes pictured is due to some legislators entering their votes late.

Vote

The release of the Burrillville Town Council letter opposing the Keable bill provoked a flurry of responses on social media. At about 10:30pm Burrillville City Councillor David Place confirmed that the letter was indeed accurate when he commented on Burrillville resident and power plant opponent Jeremy Bailey’s Facebook page.

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The reaction from Burrillville residents has been negative and angry:

  • I have NEVER seen such political BS in my life!!!
  • Has to be a back room deal going on ! Obviously representing Invenergy’s interest over the citizens!!!!
  • This is very disappointing and kicks us in the gut ! These council people are traitors and sneaky too, it’s not fair to the towns people!

It’s unclear when the Town Council decided to write the letter, or if that decision was made at a public meeting.

The timing of the release is strange, since tomorrow evening there is a Town Council meeting scheduled, with public comment. Past Burrillville Town Council meetings have been contentious. Tomorrow night’s promises to be explosive. Why the Town Council would choose to invite the approbation of their constituents is a mystery. There is talk of a recall election for the four Town Councillors not up for re-election this fall.

The most startling thing about the documents released is that they contain details of the town’s negotiated tax deal with Invenergy, details that the Town Council has previously stated must remain secret while being negotiated. Though the tax deal is not yet done, the Town Council says there is “an agreement in principle on the following:”

  • $2.9 million upfront payment – $1.2 million in guaranteed payments even if the EFSB denies the application
  • $92 million – $180 million guaranteed payments over the next 20 years
  • Protection for property owners near the proposed power plant site through a property value agreement
  • Fully binds future owners if the plant is sold or otherwise transferred
  • Protection for Town residents into the future by locking in place a decommissioning plan

The Town Council claims that the legislation weakens the Council’s ability to protect its residents and obtain financial compensation for hosting the proposed power plant, strips the Town Council’s negotiating leverage that can force Invenergy to compensate the town, and jeopardizes efforts to put financial safeguards in place for residents near the power plant and compromises an agreement for the decommissioning of the plant.

I reached out to Jerry Elmer, a Senior Attorney for the Conservation Law Foundation, overnight and he was kind enough to send me some notes on the various documents, which I will quote in full beneath the page he references.

Elmer said, in summary, “The bottom line is this:  The members of the Town Council of Burrillville know, with absolute certainty, that the sweetheart deal they are negotiating with Invenergy would be overwhelmingly rejected by the voters of Burrillville if the voters of Burrillville got the right to vote on it.  The members of the Town Council are correct in their assessment.  That is why they are urging that the Keable-Fogarty Bill be rejected.”

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From Jerry Elmer: “Document 2, page 1, bullets at the bottom:  Town Council claims it has remained “neutral” on whether the plant should be built in order not to taint its comments to the EFSB.  Two things must be said about this.  First (and maybe more important), these documents show that the Town Council has not remained neutral, and that the Town Council very much wants to enter into a Tax Treaty with Invenergy.  The Town Council is urging defeat of the Keable-Fogarty bill which would give the people of Burrillville the right to vote on such a (possible, future) tax treaty.  That is not “remaining neutral.”  Second, the Town Council has (very seriously) misunderstood what kind of “neutrality” is required of it by Rhode Island law.  The Town Council has consistently refused to discuss the proposed Invenergy plant, even at public meetings, called pursuant to the state’s Open Meetings Act, even with a stenographer present.  The Town Council pretends that this is being “neutral,” but this is merely ignoring constituents.  And, crucially, this refusal to discuss the Invenergy proposal in open meetings is not required by any Rhode Island statute, law, rule, or regulation, including the state’s Open Records Act.”

From Jerry Elmer: “Document 2, page 1, bullets at the bottom:  Town Council says that the purpose of the tax treaty is “to properly compensate Burrillville” if the Invenergy plant is built.  However, what constitutes a “proper” level of compensation is a judgment call, about which reasonable people may disagree.  The main effect of the Keable-Fogarty Bill would be to return that judgment call to the people of Burrillville.”

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From Jerry Elmer: “Document 2, page 3, bullet half way down page [above], Town Council says:  Having a tax treaty is a “guarantee of full taxability” of Invenergy.  This is factually incorrect, and it is inconceivable to me that the Town Council is not fully aware of that fact.  There is today, in the Town of Burrillville, a background, already-existing tax law that would cover this power plant (just as every municipality in Rhode Island, and indeed the United States, has an existing, background law on how to tax the real estate of individuals and businesses).  The only reason that Invenergy wants a tax treaty with the Town of Burrillville is in order to get a different, lower tax rate.  This makes sense:  Invenergy will not negotiate with the Town for a higher tax rate; no business would do that, because it makes zero business sense.  The reason that Invenergy would not negotiate for a higher tax rate is that Invenergy, without any negotiations at all, could get the currently existing tax rate.  The only purpose of a tax treaty is to give the applicant (here, Invenergy) a lower tax rate than the existing one.  This is true of this tax treaty, just as it has been true of every tax treaty since tax treaties were invented.  In other words, when the Town Council says that a tax treaty is meant to be a “guarantee of full taxability” that statement is just factually incorrect.”

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From Jerry Elmer: “Document 2, page 2, Town Council says that having a tax treaty in place “eliminates costly appraisals” and “eliminates volatility in future appraisals.”  On these two points, the Town Council is speaking the literal truth, but in a deeply misleading way.  These statements of the Town Council are factually accurate, but what is left unsaid is that, if the Keable-Fogarty Bill is defeated, that defeat will eliminate the right and ability of the people of Burrillville to vote on a Tax Treaty that may be reached between the Town Council and Invenergy.  Let me use an analogy:  I am threatening to murder you in cold blood.  Before I do it, I tell you to think about the many “advantages” of being dead:  you’ll save money on food, you’ll save money on rent, and you’ll never again go to a movie that you end up not liking.  What I am saying is literally true, but what I am saying is misleading (in the extreme).  So, too, with the Town Council statement.  A tax treaty would eliminate costly appraisals — and would eliminate the right of the people of Burrillville to vote on a sweetheart deal reached between the Town Council and the people of Burrillville.”

 

Tomorrow the Senate takes up their version of the bill, S3037 in Senate Judiciary at 2:30pm in room 313 in the State House. The Burrillville Town Council meets tomorrow evening at 7:00pm in the Town Council Chambers, Town Building, 105 Harrisville Main St., Harrisville.

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Incoherent reasoning behind legislative grants


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Screen Shot 2016-06-07 at 1.14.43 PM
Nicholas Mattiello

Compare the following two statements made by RI House Speaker Nicholas Mattiello near the beginning and end of Monday’s overlong press conference dealing with reforms to the legislative grants process. Mattiello early on suggests that these grants help fulfill the needs of Rhode Islanders in a way that delivers services cheaper, because we can avoid the cost of hiring state employees and giving these new employees benefits such as health care and retirement.

“There are vital citizenry needs that are being performed by community agencies that are not well performed by any other state department or state agencies,” says Mattiello, “And we’re able to address those citizens’ needs without having to hire additional state employees with all the benefits that that entails.”

About 30 minutes in, however, Mattiello bemoans the fact that there is no real way to know how effective these grants are because the legislature doesn’t have “direct control” over the entities receiving the money.

“It’s difficult… to give money to an agency that you don’t have direct control over. You don’t have the same safe guards and systems in place that you do with direct state departments. It’s easier to watch state dollars being administered by state departments so that was an inherent problem and it’s one that we were mindful of when we made the determination of eliminating the entire process.”

Mattiello’s take on legislative grants is incoherent. Since there is no oversight concerning the way much of this money is spent, it’s impossible to tell how effective these grants are. Our state may literally be throwing money away. However, if we demand a system of accountability we would have to fund and staff state employees to do this work, which means paying these employees, which we can’t afford to do, despite the “vital” needs of Rhode Islanders.

Mattiello’s contradictory statements confirm what many Rhode Islanders suspect: Either these grants don’t serve the needs of Rhode Islanders or Rhode Island’s needs are not truly being met by these grants. Worse, it seems that on some level, Mattiello is aware of this contradiction.

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Artemis Moonhawk, Sarath Suong receive Red Bandana Awards


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2016-06-05 Red Bandana Awards Bill Harley
Bill Harley

Two local organizers, Artemis Moonhawk and Sarath Suong were honored at the Red Bandana Awards held at Nick-A-Nees in Providence Sunday. Music was provided by local virtuoso Chris Monti and the boisterous partying of the Extraordinary Rendition Band. Bill Harley, who heads up the Red Bandana selection committee presented the awards.

Artemis has been a long time advocate for the homeless, spending a large amount of her time and money helping to prepare meals and advocating for homeless rights. She came to the stage surrounded by the people she advocates for. She had invited them to the event to share the award with her and gave everyone who accompanied her a chance to speak if they chose.

Sarath Suong
Sarath Suong

The second award went to Sarath Suong, co-founder and organizer of the Providence Youth Student Movement, (PrYSM). Growing up in a Southeast Asian community in Boston, Suong told the audience that he learned two important lessons from mentors, “One, What’s happened to you and your people and your community is not because it’s your fault. And the second thing they told me is that what’s happening right now and what’s happening in your community, you have the power to change it.”

“I understand my place in this country as a child of war,” said Suong, “When we came here we were sort of a reminder of the Vietnam War, a reminder of a war that the US had lost.”

Suong used his time on stage to advocate for two important projects PrYSM is currently working on. The first one is the Community Safety Act. “We are trying to get passed a city ordinance that will hold the Providence Police Department accountable to the ways that they profile young people, poor people, people of color, queer and trans people… We need more police accountability. We need the police department to get their boots off our necks while we are trying to live.

“We need help,” continued Suong, “For those folks who live on the East Side of Providence or have friends and family or any influence in Providence, please contact Councilpeople [Samuel] Zurier and [Seth] Yurdin. And please urge them to really support the Community Safety Act.”

The second project Suong mentioned was getting the All Students Count Act 2016 (H7235) passed in the State House. “What’s really important for Southeast Asians is that we are lumped into a larger Asian racial category. What that does is erases the real struggles of Southeast Asian young people who will only graduate at 60 percent of the regular rate.”

Here’s a sample of some music from Chris Monti, who opened the show, followed by a song from the Extraordinary Rendition Band, who closed it out. Because of the rain, ERB was forced to perform inside, which is a shame because they are a wild outdoors dance band.

 

 

And here’s the entire awards ceremony, which starts with Bill Harley giving a short biography of journalist and community organizer Richard Walton, and explains why these awards are given in his name.

Artemis Moonhawk (left)
Artemis Moonhawk (left)
Extraordinary Rendition Band
Extraordinary Rendition Band
Chris Monti
Chris Monti

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On Burrillville power plant, Janet Coit shows concern for the environment and/or future lawsuits


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DSC_3258The June 2 open meeting of the Energy Facilities Siting Board (EFSB) was a rare opportunity to hear board members Margaret Curran, Janet Coit and Parag Agrawal talk openly about their thoughts regarding the process of the board in approving or denying Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville. That said, it’s also a bad idea to draw too many inferences about board members thoughts based on their words.

One example of this came near the end of the 45 minute meeting. Janet Coit, who directs the RI Department of Environmental Management (RIDEM) when she’s not on the EFSB, suggested directing RIDEM to expand their advisory opinions on the environmental impact to include impact on wetlands, impact on state conservation areas and the cumulative impact of all fossil fuel development in the area, including pipeline compressors and the Ocean State Power Plant.

Janet Coit
Janet Coit

It would be easy to see Coit’s suggestion, which was approved unanimously by the board, as indicative of a concern about environmental impacts and as a response to the concerns of community members who have spoken at one or more of the open comment hearings held in Burrillville. But Coit’s suggestion may be no more than an attempt to make sure all the bases are covered. Getting advisory impact statements does not take away the EFSB’s ability to rubber stamp the power plant. It just provides the board with appropriate legal cover.

Chair Curran was on board with the suggestion that the cumulative effects the fossil fuel infrastructure in Burrillville might have on wildlife, saying, “I’m partial to the bats.” But again, her concern for the bats might dissipate in the light of Invenergy’s desire to build a new power plant where it is not wanted.

Meg Curran
Margaret Curran

Coit also suggested that the EFSB take “official notice” of the court order that closed the MTBE contaminated well in Pascoag, the same well that Invenergy hopes to use to cool their turbines on the promise of cleaning up the contamination. The well was sealed after many families became due to the MTBE in their water. As a result of Coit’s suggestion the court order has become part of the official record.

There were no public comments allowed at this meeting, and no lawyers from any of the intervenors were allowed to ask questions or comment. The meeting was for the three board members to “discuss, deliberate and decide” on various aspects of the hearing process. They started by denying one “late intervention” of an abutting property owner and approving another. The difference between the two applicants seemed to be that one applicant was zoned for residential and business, a special case that may require a separate lawyer.

Parag Agrawal
Parag Agrawal

Todd Bianco, coordinator of the EFSB, ran through the current status of the advisory opinions the board has requested. Most of the opinions seem to be roughly on schedule. Surprisingly, Invenergy has yet to apply for the proper permits from the RI Department of Transportation (RIDOT). Under current rules, it would take RIDOT three months to process the applications, and Bianco said RIDOT was “unable to determine if the applications will be on time.”

The meeting ended with a discussion of how to do better outreach with the public. Bianco said that he continues to run advertisements for meetings in the ProJo and in two local Burrillville publications. This lead to a discussion of whether or not to have a Twitter account for the EFSB.

“It would be my first,” said Bianco, “I could learn how to tweet, and hashtags are a thing…”

John Niland
John Niland

DSC_3225

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Business versus democracy in Rhode Island


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When describing what she sees as the problem of convincing millennials that they need financial literacy, Abigail Johnson, the CEO who runs the company that runs Fidelity Investments, said that not only do millennials not understand that they need to save money for retirement, but they “don’t have the money to save anyway, so what’s the point?” (See video below, starting at the 23m mark)

Abigail Johnson, Gina Raimondo
Abigail Johnson, Gina Raimondo

Johnson was making a joke, one that Governor Gina Raimondo laughed at along with most of the attendees of the Greater Providence Chamber of Commerce 2016 “Economic Outlook Luncheon.” She was answering Chamber president Laurie White’s question about the difficulties of channeling millennials into the workforce of the future.

Johnson hoped that millennials, even those who don’t go to college, might one day learn the “concepts” and “basics” of financial planning. She estimated that perhaps 14 percent of Rhode Islanders have their retirement funds invested in her company, the not-so-subtle subtext being that she sees millennials, the “workforce of the future,” as essential to her company’s future profits.

White, Johnson and Raimondo were talking about people as commodities, defined purely by their economic value.

This is the promise of “neoliberalism,” ostensibly a view that markets, when left alone, will govern themselves fairly and equitably. But Wendy Brown, a political scientist at UC Berkeley, wanted to explore what neoliberalism has done “to political life, to social life and to the human being.”

Neoliberalism seeks to expand markets to every part of life, including democracy, human social life, education, social services and more. “The idea,” says Brown, “is not to just let free markets have their way, but to produce everything in the image of the free market.”

Brown calls this the “stealth revolution,” the transformation of the human being into nothing more than their economic value and the devaluation of democracy in the face of market forces and the will of the billionaire class.

What we lose by turning our government into a business determined by markets instead of democracy is the idea of equality as a fundamental principle, the unraveling of shared power, and the undermining of the people’s ability to determine a societies values and policies, says Brown.

Under this view, says Brown, there is “no space for democracy anymore… everything should be understood as markets…”

This brings me to Lenette Boiselle, representing the Northern RI Chamber of Commerce at a RI House Environmental committee meeting last week. Boiselle was at the hearing to oppose “one specific part” of a bill that, if passed, would give the voters of Burrillville the power to approve or reject any tax deals made by their town council with power plant companies.

“The Chamber of Commerce has a history of opposing any type of referendum,” said Boiselle, “whether it be a voter initiative or a referendum on a mall, a casino… as a fundamental principle, the Chamber of Commerce believes that these types of issues are extremely complicated…” When issues like this are decided by referendum, said Boiselle, “those who spend the most money usually win.”

Representative Aaron Regunberg then asked, “Money plays a big role in every election. Do you think we shouldn’t have any elections?” [4m55s]

Boiselle seemed to understand that saying democracy doesn’t work might be a bad move, so instead she told a story that sought to undermine democracy’s legitimacy. She gave an example of what she saw as the problems of voter referendums she worked on in Massachusetts.

Earlier that day Boiselle was at the Northern RI Chamber of Commerce breakfast that featured Invenerg’s director of development, John Niland, as the the speaker.  Questions at this breakfast were written down by attendees on idea cards and submitted in writing to Boiselle, who carefully went through them to make sure that Niland was not hit with any questions that he was unprepared to answer.

This is the kind of protection from scrutiny private business concerns routinely employ. When we run our government like a business, we shouldn’t be surprised when our elected officials try to employ the same methods to protect themselves from scrutiny. This is why Governor Raimondo doesn’t want to go to Burrillville and talk directly to the people. This is why she goes denies APRA requests. This is why she makes trips to New York, or plans trips to Switzerland, but won’t say who she is talking to or why.

I’ll leave this with one final thought.

“Modernity brought us the idea that human beings, rather than nature, rather than Gods, and rather than tradition… could be in charge of their own lives, their own future, and could exercise freedom in coming together with others and deciding individually, how to live,” said Wendy Brown, “That was the promise of modernity.”

Let’s work together to forge a democracy that does not forget this.

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Video: House testimony on Keable’s power plant bill


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The testimony on Cale Keable’s bill, H8240, which if passed will give voters in Burrillville the ability to approve or reject any tax treaty with potential power plants in their town, pitted town residents and environmental activists against business and labor concerns. In all 56 people testified on the bill during the five hours of testimony, 43 in favor and 13 in opposition.

Below is all the testimony, in order, separated by speaker.

01 Representative Cale Keable, who represents Burrillville, introduced the bill.

02 Jeremy Bailey, Burrillville resident

03 Lenette F. Boisselle, representing the Northern RI Chamber of Commerce, opposes the bill. Earlier in the day, Loiselle was at the Kirkbrae Country Club for the Northern RI Chamber of Commerce breakfest. At that event, all the questions for guest speaker John Niland, director of development for Invenergy, the company that wants to build the power plant in Burrillville, were submitted in writing. It was Boiselle who carefully sorted the questions, allowing Niland to only answer softball questions.

Boiselle took some tough questions regarding her opposition to the bill. The Chamber of Commerce, says Boiselle, “has a history of opposing any type of referendum… as a fundamental principle, the Chamber of Commerce believes that these types of issues are extremely complicated, that’s why we elect people to be in a position to be able to take the time to study the pros and the cons and determine whats in the best interest of whether it be the town or whether it be the state.”

Boiselle said that the Chamber has “no position on the power plant one way or another” and that if this bill is passed, whoever spends the most amount of money to advertise their positions will likely win.

The legislation, said Boiselle, in response to a question from Representative Michael Marcello, “could kill [a project] just by making it wait” until the next general election for the voters to decide.

Representative John Lombardi asked “what would be wrong with the town and the council having the last say in this. Is there a problem with that? You say you oppose that?”

Boiselle said that the time it takes to understand the pros and cons of complex issues is too great for voters. That’s why we elect representatives.

“I think its always good to engage the people,” said Lombardi.”It’s supposed to be a representative government, but sometimes it doesn’t end up that way. They don’t seak on the behalf of the people. I think this is a good process.”

“I’m just curious,” asked Representative Aaron Regunberg, “Money plays a big role in pretty much every election, do you think we shouldn’t have any elections?”

04 Jerry Elmer, senior attorney at the Conservation Law Foundation is strongly in favor of the bill.

05 Mike Ryan of National Grid opposes the bill, at least in part. They have no position on the part of the bill concerning voter approval of negotiated tax treaties.

06 Meg Kerr, of the Audubon Society, is for the bill.

07 Elizabeth Suever representing the Greater Providence Chamber of Commerce opposes the bill. She seems to think that granting more democracy to Burrillville might make other municipalities want more democracy as well, which may slow down growth. Of course, Suever never uses the word democracy, because that would make her argument sound anti-American.

08 Paul Bolduc is a Burrillville resident.

09 Greg Mancini – Build RI

10 Paul Beaudette – Environmental Council of RI

11 Michael Sabitoni -Building Trades Council

12 Lynn Clark

13 Scott Duhamel – Building Trades

14 Peter Nightingale – Fossil Free RI

15 Roy Coulombe – Building Trades

16 Adam Lupino – Laborers of NE

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State House rally against Burrillville power plant disrupted by union members


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2016-05-26 Burrillville at the State House 009The State House rally against Invenergy‘s proposed fracked gas and diesel oil burning power plant became confrontational as counter-protesters, identifying themselves as Building Trades union members, disrupted the proceedings by holding signs in front of speaker’s faces and attempting to grab the microphone. The rally was planned by Keep Burrillville Beautiful, made up of Burrillville residents, who are “against the unnecessary industrialization of our town by the proposed power plant.”

The union members want the plant to be built because of the more than 300 jobs that will be created.

As Burrillville resident Jeremy Bailey took to the podium to speak, a man held a sign in front of his face, preventing him from being seen by my camera. Bailey took the sign out of his face and cast it away, immediately provoking an angry response from other union members. An attempt was made to grab the microphone away, Capitol Police moved in, and things became highly confrontational and chaotic.

You can watch some of it in the video below.

As near as I can determine, no arrests were made, and no one was asked to leave the State House. Up until that moment, the rally had been going as planned. Afterwards, several Burrillville residents complained about the behavior of some of the union members, saying they were “rude” and “showing their true colors.”

Speakers included Senator Paul Fogarty and Representative Cale Keable, who introduced a bill, H8240 which, if passed, would give the voters in Burrillvile the ability to approve or reject any tax treaty the town council negotiates with Invenergy. The bill was heard after the rally in the House Committee on Environment and Natural Resources. I’ll have another post later today with the testimony on the bill.

You can watch the first part of the rally below:

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Sound and fury over power plant at the Burrillville Town Council


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Burrillville Town Council
Burrillville Town Council

Wednesday night’s Burrillville Town Council meeting began on a cautionary note as Council President John Pacheco warned those in attendance against outbursts, threats or cursing. These meetings are recorded, said Pacheco. The last meeting went too far, said Pacheco, and anyone acting that way tonight will be asked to leave. “Keep it civil, please,” said Pacheco.

Pacheco also acknowledged a change of policy regarding public comment under the Open Meetings Act. At previous meetings the town council maintained that they were not allowed to respond to comments and that only items on the agenda were allowed during public comment. Tonight Pacheco agreed that neither of these conditions are required under the law. This meant that tonight’s meeting was much more robust with the town council now having to say that they don’t want to answer certain questions, rather than saying that they are unable to answer.

Residents of Burrillville are up in arms about Invenergy‘s proposed fracked gas and diesel-oil burning power plant planned for the town. The plant’s owners promise lower taxes but residents say it will bring noise and pollution, as well as destroy precious wildlife habitats. The town council has been slow to respond to resident concerns about the power plant, and many feel that Town Manager Michael Wood has been actively working to bring the plant to town, rather than working in the best interests of residents.

Civility was maintained, but the anger of town residents was clearly on display. It was revealed at this meeting that on Saturday a group of anti-Power Plant protesters were asked to leave the Farmer’s Market because of their signs, petitions and tee shirts. This directive, say residents, came from Town Manager Wood. When asked about this at the meeting, Wood said that he only told the police and Burrillville Farmers’ Market Association Market Manager Deb Yablonski to not allow signs, not petitions and shirts. Wood said there is a long standing rule against “politicking” at the farmer’s market.

(When RI Future called Wood’s office earlier in the day to discuss this, Wood was out of the office and did not return our call)

Barry Craig, a lawyer, asked that the Town Council “provide guidance to the town manager” on the First Amendment, including the right to free speech and assembly. Lauren Niedel, a resident of nearby Glocester, rose to object to the word “politicking” saying that opposition to the power plant is not a political campaign.

Burrillville resident Jan Luby rose to express her distrust of Town Manager Wood. “I don’t believe our Town Manager is with us on this,” said Luby, “You’ve lied to us and we’ve caught you in those lies.” Christopher Watson rose to say, “He does not like this town, he does not treat the people of this town with respect.”

It was Jeremy Bailey who brought the conversation about Michael Wood to a boil, calling the town manager “a cancerous tumor.” Noting that he has heard from many people that Town Manager Wood is a bully, Bailey told the people on the stage, which included the entire town council and legal counsel of the Burrillville, “I bet there are people on the stage right now who have been bullied by Wood.” Bailey asked that the town council pass a resolution removing Wood from power, buying out his contract if necessary.

The town council took no action on Wood’s contract.

Residents were also concerned that the evening’s “executive session” of the town council, where the public is not allowed to observe, was being called by Wood to fast track a tax agreement with Invenergy for the power plant, ahead of Representative Cale Keable‘s bill that would allow the voters of the town to approve or reject such a tax treaty. Though the executive meeting was called by Wood and did concern Invenergy, residents were assured that no such action would take place.

There were a multitude of interconnecting issues discussed at the town council meeting concerning both the power plant proposed by Invenergy and the LNG compressor station upgrade proposed by Spectra. The compressor station emits a constant noise, which occasionally becomes extremely loud. Loud enough that some residents receive notifications ahead of “blow offs.” Residents fear that the new power plant will add to the noise once constructed, never mind the noise from trucks delivering materials to the build site and the sounds of construction.

Kathy Sherman said that Spectra, in their own materials, acknowledges that they are above the town mandated limit of 55 decibels. During a blow off, where LNG is literally released into the atmosphere to relive pressure in the pipeline, the sound is great enough that Sherman feels it would have given her husband a heart attack if he wasn’t given ample warning. Blow off, said resident Stephanie Sloman, emits 45 thousand tons of LNG a year from that one compressor station in Burrillville.

Spectra plans to build a bigger (and presumably larger) compressor station there soon.

Nicholas Cook gave a demonstration of the noise levels heard by residents. The low tone generated by Cook is not heard well on the recording below, but the sound immediately annoyed town solicitor Oleg Nikolyszyn, who asked that the sound be turned off almost immediately. Imagine that sound lasting from 10pm to 4am, almost every night, said resident Kathy Sherman, who lives 2050 feet from the compressor station.

You can watch Nick Cook’s noise demonstration, and all the rest of the Burrillville Town Council meeting, at least those parts concerning the power plant, below.

Burrillville

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Burrillville flipping the script on proposed power plant


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2016-05-24 EFSB 01The people of Burrillville realize something about the the Energy Facilities Siting Board (EFSB), that Margaret Curran, who chairs the board, does not. During Monday night’s public comment meeting, held to decide the fate of of Invenergy’s proposed fracked gas and diesel oil burning power plant, Curran several times tried to stop the crowd from rising and cheering and clapping when someone from the public made a particularly smart or heartfelt point during their five minutes before the board. Other times Curran would attempt to cut speakers off, even as the crowd became agitated and yelled, “Let them speak!”

2016-05-23 EFSB 03“You’re taking time from other people by going over  your time limit,” Curran would say, but Curran didn’t seem to realize that the community of Burrillville is united. Everyone who rose in opposition to the power plant speaks not just for themselves, but for everyone.

Burrillville itself is speaking through its people, and the Town is saying “No.”

This became very clear when Jennifer Bailey rose, and respectfully requested that her time be give the RI State Senator Paul Fogarty. Fogarty and State Representative Cale Keable have been publicly against this power plant for some time. Last week Keable introduced legislation that would make the approval of the power plant much less likely. Fogarty will introduce the Senate version of the bill today.

As Fogarty approached the podium, the crowd rose in a standing ovation. Fogarty noted the large crowd in the auditorium and the large crowds at previous events as proof that the citizens overwhelmingly don’t want the power plant.

“In all my time as State Senator from Burrillville, I can honestly say I have never seen the citizens come out so strongly and so passionately against something as they have against this proposed power plant.”

Fogarty also noted that the decision to site the power plant in Burrillville falls to “three people who don’t have a stake here.”

“One is from Barrington, one from Providence, and a third person literally just parachuted in from Bridgeport,  Connecticut. Shaping the future of Burrillville should belong to the residents of Burrillville and no one else.” Parag Agrawal, the new Associate Director at the RI Division of Planning, and the third member of the EFSB, is from Bridgeport.

This earned Fogarty his second standing ovation. He received a third as he finished.

This is the second thing Margaret Curran doesn’t seem to understand about this phase of the proceedings that the residents of Burrillville have figured out. The EFSB comports itself as a quasi-judiciary body, carefully collecting and evaluating evidence, testimony and reports before rendering a final decision. Yet ever since Invenergy announced the plant with the strong and unwavering support of Governor Gina Raimondo, the building of the plant has appeared to be a done deal, and all the EFSB hearings have been seen as little more than political theater.

The residents of Burrillville, conscripted as actors in this this production, are changing the script even as the play is being performed. The production is going awry, and getting it back on course may prove to be impossible.

As Fogarty left the podium Curran noted that the next speaker, Jeremy Bailey, had spoken at previous meetings. “Didn’t you already speak?” she asked.

“I have a lot to say but I’m going to respectfully yield my time to our [State] Representative Cale Keable,” said Bailey.

Another standing ovation. Cable wore a green “No New Power Plant” shirt. Last week he introduced legislation in the General assembly that gave more power to the residents of Burrillville concerning any potential tax treaties their Town Council might negotiate with Invenergy. The legislation, if passed, would make the building of the power plant much less likely.

“We ask the board for one simple thing,” said Keable, “Please, let us alone.”

In all, 38 people spoke during the meeting. Five spoke in favor, 33 spoke in opposition.

David Esten spoke in favor.

John Scott brought up Flint MI., asking “What judge is going to authorize opening a poison well?”

“Governor Raimondo talks about tourism,” said Scott, “Our tourism is camp grounds.”

Ken Putnam Jr is about to be a great grandfather. He said, “I don’t talk like this. A lot of people can’t take the time out to come here. Kill this plant. We don’t need it.”

If Invenergy can’t get the date right for a flier, how are they to be counted on to build a power plant, asked Erin Olkowski.

Stephanie Sloman is an environmental engineer. She strongly believes in integrity. “I found a multitude of contradictions in Invenergy’s application… the plant will use natural gas as long as it is economically feasible. We know what this means… the plant wants to use 19 percent aqueous among a because at 20 it has to be monitored by the DEM.”

“When a monster comes into my house, I have to do everything in my power to slay it,” said Sloman, “my home is not just Burrillville, not just Rhode Island, or even the United States, my home is the world.”

Anita Bevans said Invenergy mislead the town when they said they would conform to local laws. In their application Invenergy said they would defer to state and federal laws.

Jaimie Tessier said that her morality was questioned at the first meeting when a union member said that she would sell out he home for money. Keeping her son, who has a medical condition that keeps him on a respirator full time, is her highest priority she says. “That’s where my morals are. Where are yours?”

“I voted for Gina Raimondo,” sais Frances DiPoiceglia noting they share a common heritage and upbringing, “but after a couple of years, I don’t think I’d vote for her again.”

“Fracking is not needed, and it’s not cool.” Says Frances DiPoisceglia. “We reject the Invenergy power plant.”

Judy Aubin said that she does her due diligence when she is on a board. “I know for a fact that you are over ruled by Gina Raimondo.”

Burrillville doesn’t need industry, said Aubin. The people live here because it lacks industry.

“These people wouldn’t mind a little raise in their taxes to avoid this power plant.”

“I am unaware of any environmental policies recommending the use of natural gas power plants,” said James Libby.

Terri Lacey asked how an area can go from environmentally spectacular and beneficial, as mentioned in a piece by RIDEM’s Janet Coit, to suitable for a polluting power plant.

Earl McWilliams believes that Invenergy has a series of plan B’s in mind for their power plant. He read the application to mean that Invenergy is not responsible for properly cleaning the MTBE water. Once built, if Invenergy needs more water, he sees the company tapping Wall Lake.

Brian Sclofield has a 4 year old daughter and 1 year old son and refuses to take on significant health risk to his children from the proposed plant. If the plant is built it’s not a matter of if, but when he will move.

Lawyer Barry Craig said Invenergy not assuming liability for the MTBE well when opened is grounds for dismissing the application.

“There isn’t a pipeline in this world that doesn’t leak,” said Craig, “We need eco-terrorism insurance in place… There is plenty of clean energy supply out there. There is no immediate need for this plant.”

Christopher Aubin recalled that Invenergy’s Director of Development John Niland said that last year was so mild he wouldn’t have needed to use oil. But diesel fuel breaks down. There’s no way it wouldn’t be burned. “You’re lying!” said Aubin.

“Big companies don’t care about the small people,” said Aubin, “Once you get this plant hooked up, John Niland, what’s your bonus?”

Kevin Frenette wanted to know if the EFSB can help people who are being impacted by these big energy projects. He managed to get Janet Coit to respond, but she still wouldn’t address his concerns.

“So we just get to tell you how we feel and that’s it?”

Meg Curran responded, by saying she can’t respond.

“Your time is up,” says Curran.

The crowd boos.

Leigh Gilbert is in favor of the plant and that said the town needs money, so the town needs the power plant. The crowd tells him to sit down.

Roy Colombe is for the project.

Greg Mancini, a lawyer for the Building Trades, said that many members won’t speak tonight because of the hostile environment created by the opposition. He mentioned the First Amendment and a chilling effect.

Andrew Hessler, 17 years old, said Gina Raimondo is all about fracked gas since Goldman Sachs wrote her a big check. She used to be for renewables. An impressive testimony.

Governor Raimondo, “has a chance to be on the right side of this issue,” said Burrillville resident and Teamster Ron Lizotte.

“My son was affected by MTBE I’m the water,” said Norman Desjarlais, “my grandson is on chemotherapy, which doctors have linked to gas additives.”

Paul Lander of the RI Carpenters Union is for this project, but he was very impressed with the Burrillville resident’s knowledge and passion. He says that we need to hold Invenergy’s feet to the fire.

Stacy Slekis objected to the power plant. She brought a picture from her daughter, asking the EFSB not to “mess up” our town.

Stacy SlekisDon Allen said if you could pick the worst place to place a power plant based on prevailing winds, Burrillville would be the worst.

“We’re vetting this Governor after the fact,” said Allen, “she has an agenda.”

Lisa Petrie, arrested at the State House protesting the Invenergy power plant, says the goals of the Resilient RI Act van’t be met if this power plant is built.

“We need dramatic cuts in our greenhouse gas emissions starting now, not ten years from now. Now,” said Petrie.

“Prisons create jobs. Wars create jobs,” said Lisa Petrie, “but we can create more jobs through renewable energy.”

“There is no such thing as a clean fossil fuel power plant,” said Mike Lamoureux, “You can tell by all the permits needed to build one.”

Chair Curran asked Paul A. Roselli not to speak, since he had spoken at a previous meeting. “If I had been told that before hand,” said Roselli, “I wouldn’t have put my name on the list. But since I wasn’t, I’d like to speak.”

Cynthia Crook-Pick wanted to speak plainly to the EFSB. The fact this board is the only body that can make this decision is against the principles of democracy and all that this country stands for, she said.

Debbie Krieg told of the battle to close the MTBE well, and worries that “this monster” will be unleashed when Invenergy uses the well water to cool the plant. There has been no site every cleaned up as Invenergy claims it can do.

New to this area, Ewa Roselli says she is really impressed with this community and she is eager to make friends. She asked Invenrgy, “Do you hate us? Why are you wanting to hurt us? How many people here would protest solar?”

“Nobody!” says the crowd.

Deborah Yablonski is from NYC but she’s a Burrillville farmer now. She raises chickens and goats. “I became a steward of the land.”

Thomas Trimble has a map that shows a nature corridor that runs from Canada to Burrillville. The power plant is right in the middle of this corridor.

Lynn Clark said the plant is being proposed for the heart of Burrillville’s forested area. It will have a “direct, negative impact.”

Justin Kelley, from the Painter’s Union, is a friend of mine. He supports this plant. “I’m the guy who looks in the workers eyes when they can’t pay their bills or are evicted from their homes.”

Donald Champiany read Invenergy CEO’S own words against him. Brilliant.

2016-05-23 EFSB 04Patreon

RI poll shows strong support for modest gun law reform


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Jerry Belair, President of the Rhode Island Coalition Against Gun Violence (RICAGV) had hinted at the poll results during the recent rally against gun violence outside the State House, but yesterday the coalition released the full poll on Rhode Islander’s attitudes towards some common sense gun legislation currently under review by the General Assembly, and the numbers were staggering.

  • 92% of Voters Support Restricting Possession of Guns by Domestic Violence Offenders
  • 82% of Voters Support Restricting the Carrying of Concealed Guns in Elementary Schools
  • 75% of Voters Support Limiting the Number of Bullets in Magazines to 10 Rounds

Remarkably, in Speaker Nicholas Mattiello‘s own district, the numbers for keeping guns out of the hands of domestic abusers is higher than the state wide pol, at 95%. Mattiello has an ‘A’ rating from the National Rifle association (NRA) and has been obstinately opposed to any proposed gun legislation. In the case of ethics reform, it took a disaster to change the Speaker’s mind. Is the Speaker waiting for another kind of disaster to occur before he gets behind common sense gun reform?

You can watch the full press conference below. The bills under consideration are: No Guns in Schools (H7243, S2761), Disarm Domestic Abusers (H7283, S2730, S2491) and the High Capacity Magazine Ban (H7199, S2835)

You can access the full poll here.

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Rep Aaron Regunberg

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Senator Conley suing to prevent Memorial Hospital closure


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Chris Callaci, Rep David Coughlin, Sen William Conley

“As we speak the defendants in that lawsuit are being served,” said Senator William Conley, who serves Pawtucket and East Providence. “The cities of Pawtucket and Central Falls have Filed a lawsuit against Care New England, The RI Department of Health and the Attorney General’s Office. Through that lawsuit we’re asking the court to enjoin the dismantling of Memorial Hospital and make sure that those services continue while we go through this process of restructuring South Coast.”

Care New England, which manages Memorial Hospital in Pawtucket,  announced the closing on March 2. Since then there have been public hearings and rallies, but the plan to close the hospital seems to be continuing. Over 200 jobs are threatened. Conley is working pro bono as the lawyer on the case, and his work will compliment rather than complicate the legal work of Attorney Chris Callaci, who is representing the nurses union, UNAP 5082 in their efforts to keep Memorial open.

“When Memorial was licensed,” said Senator Conley, “a determination was made that this hospital was providing vital medical services to a core service area with higher social deprivation demographics than any other place in the state of Rhode island.

“That alone should be enough to tell us that you can’t relocate those services to Kent County.”

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More confusion, not clarity, from the Burrillville Town Council


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John Pacheco
Council President John Pacheco III

At the second “special meeting” of the Burrillville Town Council, held as a semi-official “workshop” to allow discussion of various aspects of Invenergy‘s plan to build a fracked gas and diesel oil burning electrical plant in the town, the agenda, entitled “Hour on Power II” claimed that the “fundamentals of municipal tax agreements” would be discussed. Potential tax agreements with Invenergy are a very contentious issue, because under state law, as explained by Conservation Law Foundation Senior Attorney Jerry Elmer, Burillville has the right to set the property taxes on the plant at any level it chooses, yet Town Solicitor Oleg Nikolyszyn, it seems, disagrees, maintaining that the Town must negotiate a fair tax treaty with Invenergy.

Expecting that there would be expert legal advice on offer, many residents made the trip to this special meeting, only to find that there were no lawyers or expert advice on offer. Instead, the Town Council introduced Dr. Robin Muksian, a resident of Burrillville who currently serves as executive director of operations for the Providence School Department. She holds a Ph.D. in rhetoric and composition. Speaking as someone with some experience in negotiating deals between the state and private citizens, (she claims to have once lost a strip of land to the state in some kind of imminent domain situation) Muksian said that under state law, the town “must” negotiate with Invenergy, they can’t just set the tax at what ever rate they wish. Jerry Elmer explained otherwise, quite clearly, here.

Muksian misquoted the statute, advancing the idea that under state law 44-3-30, Burrillville “must negotiate” with Invenergy for a fair tax treaty, when the law actually states that town may “determine, by ordinance or resolution, an amount of taxes to be paid each year”. The plain text of the law does not contain the word negotiate, and if other laws on the books do contain such a provision, it does not matter, because 44-3-30 starts with the words, “Notwithstanding any other provisions of the general laws to the contrary,” meaning that 44-3-30 supersedes any other laws governing such negotiations.

Muksian also admitted to coming to the power plant issue late, and that she hadn’t attended any of the Energy Facility Siting Board (EFSB) meetings held in the town so far. This might explain why she thought that residents could bring questions to the EFSB, instead of just comments. The EFSB does not respond to residents at these meetings, yet Muksian said that questions should be brought to the EFSB at these meetings.

Under questioning from Burrillville resident Paul Lefebvre, Muksian at first dodged the question of whether or not she opposed the building of the new power plant. It took Lefebvre several questions before Muksian reluctantly said that she opposes the plant. For some reason she seemed at first to strike a more neutral position.

Most of Muksian’s talk is in the first half hour of the video below. Note that the meeting took place in Burrillville’s beautiful Assembly Theater, which was dark and not kind to video or photography. The Town Council is on the stage, well lit. The rest of those in attendance, not so much.

Many in attendance were asking themselves why Muksian was given so much time to expound on legal issues she was clearly not qualified to speak about. She constantly prefaced her comments by saying that she was “speaking as a resident of Burrillville” and that she wasn’t a lawyer. That raised an important question for the Town Council that went unanswered: Why Muksian and not any other non-lawyer resident of Burrillville?

After the meeting a resident told me that there is a rumor that Muksian is being considered for the position of Town Manager. Michael Wood, the current Town Manager, was not in attendance at the meeting, and Council President John Pacheco, from the stage, made a pointed comment about Wood’s contract being up for renewal in February of 2017. During the meeting, when a resident suggested that Michael Wood be fired, there was a standing ovation.

Wood has alienated many in the town with what one resident characterized as his “imperious” attitude. Further, in the April 23 Burrillville Bugle, delivered to every resident’s mailbox every month, Wood made comments that seemed to indicate his support for the new power plant and disregarded the environmental and health concerns of residents. For instance, he said, “the negative effects of the existing power plant, Ocean State, is not “anything to be overly concerned about.” Many feel that the over all tenor of his comments in the Bugle indicate that he supports building the plant.

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Town Councillor Kimberly Brissette-Brown

As a result, the residents of Burrillville distrust Wood’s judgement when it comes to the hiring of experts to review the proposed plant’s impact on health, environment, wildlife, water quality, noise etc. They also distrust his ability to negotiate with Invenergy wisely, with the best interests of the town in mind.

A breath of fresh air came to the meeting about 82 minutes into it. Barry Craig, an actual lawyer (though not one licensed to practice law in Rhode Island) and a Burrillville resident, rose to call out the Town Council and Town Solicitor Oleg Nikolyszyn on what he termed their timidity in dealing with Invenergy.

Craig attended the first EFSB meeting in Burrillville. He thought, “it was very poorly managed.” He called the set up of the meeting, with the applicants (Invenergy’s Director of Development John Niland and his lawyers) on stage and the residents of Burrillville below them in the seats of the auditorium was “an insult.”

Craig said that to defeat this plant, the residents of Burrillville, through their Town Council, must “vigorously oppose” the plant. Craig came to the special town council meeting last night because he read the legal opinions of Town Solicitor Nikolyszyn, made in response to questions posed by residents. “At best,” said Craig, “I read these responses as being timid, at worst I read these responses as responses that discourage action rather than encourage action.”

For instance, the proper answer to the question, “Can the town council find new solutions to prevent locating the power plant in Burrillville?” isn’t to note that the EFSB has enormous power, the answer, says Craig, is, “Can we find creative ways of dealing with this issue? … Anything that delays this project makes it less likely… Companies like this work on a time schedule. If they can’t get a project done within a particular time frame they move onto the next project.”

One thing that became very clear in last night’s Burrillville Town council meeting is that discussing complex legal issues without lawyers present is a waste of time. Perhaps Muksian’s appearance was an audition for a future job, perhaps she’s just a citizen who waded into waters over her head, but her advice and commentary were worse than a waste of time: They spread dangerous misinformation, misinformation that will weaken the Town’s resolve and ability to fight Invenergy’s plans for the town.

Burrillville doesn’t need more bullshit. Burrillville needs courageous leadership ready to fight Invenergy with everything they have, or they will be living with the first of a series of such power plants very soon.

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Haiti, the first free black nation, celebrates freedom at the State House


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Bernard Georges
Bernard Georges

If ever the history of a nation deserved our respect and awe, it is Haiti, whose history reads like a superhero epic. Haiti is the first and only nation in the world to be liberated by slaves. Unlike the United States, which rebelled against England with the help of France, Haiti found itself fighting for independence against France, England and Spain. Unlike the United States, who paid lip service to freedom and equality, Haiti banished slavery outright, showing the world how to eradicate one of the most evil institutions in human history.

At the RI State House New Bridges for Haitian Success held their Haitian Independence Day Awards. Several public officials were in attendance, including Secretary of State Nellie Gorbea, Lt. Governor Daniel McKee and State Senator Juan Pichardo. Dr. Mark Lentz, Professor of Latin American History at Brown University gave an excellent short lecture on the historical importance of Haiti’s revolution.

New Bridges for Haitian success was founded by Bernard Georges.

Keynote Speaker Jean-Claude Sanon, a Boston area politician and radio personality born in Haiti, said, “Free yourself completely and continue to fight for the freedom of the entire world. Wherever there is injustice it is my obligation, as well as yours, to fight it.”

Romie Bois kicked things off with an amazing rendition of the United States National Anthem, and the event ended with a beautiful song in French.

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Secretary of State Nellie Gorbea

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Dr. Mark Lentz
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The chains are symbolic of Haiti’s history of slavery
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Senator Juan Pichardo

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Burrillville rallies against power plant at Siting Board hearing, part II


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2016-05-10 EFSB 05By the end of the nearly four hours of testimony before the Energy Facilities Siting Board (EFSB) concerning Invenergy‘s proposed fracked gas and diesel oil burning power plant in Burrillville on Tuesday night, 41 people had spoken. Six people spoke in favor of the plant, mostly union laborers hoping for jobs. One person gave testimony that was difficult to follow, so I’m not sure if he supported or opposed the plant, and one man spoke twice. Thirty four people, mostly Burrillville residents, spoke against the plant, often emotionally but just as often with hard facts.

The hearing was actually a continuation of the first public comment meeting, held March 30. That hearing was better attended by both the residents of Burrillville and the union, but it’s possible attendance was down due to a misleading advertisement place in the Bargain Buyer by Invenergy. The meeting was better run this time. EFSB Chairperson Margaret Curran set out the rules and the timing early, and for the most part the process went smoothly, though sometimes things became heated between residents and the laborers. There were many police officers on duty, both state and local. At one point I counted nine.

The hearing also acted as our introduction to this ongoing drama’s latest cast member, Parag Agrawal, the new Associate Director at the RI Division of Planning. For the first time the EFSB functioned with a full board. The third member is Janet Coit, Director of RI’s Department of Environmental Management.

Below find all the testimony, in order.

Ten year old Briella Bailey got the evening off to a good start when she spoke the the Energy Facilities Siting Board (EFSB). Bailey went over her allotted five minutes, and her testimony played well with those in attendance, so it would have been a bad move for Curran to cut her off. Besides, Bailey wasn’t the last person to go over time.

Amanda Mainville gave very cool testimony, comparing Invenergy’s Director of Development John Niland to the villain of the Dr. Suess classic, The Lorax. It was the first of two Dr. Suess references of the night.

Paul MacDonald, Burrillville resident and President of the Providence Central Federated Council and Legislative Director of Teamsters Local 251 spoke in favor of the power plant. His testimony was more nuanced than that given by union members and leaders at the last hearing. In a nod towards the concerns of environmentalists, MacDonald maintained that, “If the environment cannot support it, I’m against it.”

Part of Invenergy’s plan is to use well water contaminated by MTBE to cool the turbines. Burrillville’s legacy with this dangerous gasoline additive is painfully explored in the testimony given below. The people of Burrillville have already suffered through one toxic nightmare. They are loathe to invite another into their lives.

More incredible and brave testimony from Donna Woods. Her personal story is extrememely powerful…

Linda Nichols is considering a run for office. Her testimony might just be her first step towards getting elected.

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Invenergy accused of running misleading ad in Burrillville Bargain Buyer


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Bargain Buyer InvenergyAt Tuesday night’s Energy Facilities Siting Board Meeting (EFSB), with Invenergy‘s Director of Development John Niland in attendance, angry residents accused the company of running a deliberately deceptive ad in the Bargain Buyer regarding the timing and location of the meeting.

“Today, in every mailbox in Burrillville, The Bargain Buyer, which is our Bible in Burrillville, was delivered,” said Raymond Trinque, “Any clear thinking person would see this as a dirty trick by Invenergy.”

The advertisement, (pictured) says the meeting will be held on Thursday night at the Burrillville High School. The meeting was held Tuesday night at the Burrillville Middle School. The date, May 10, is correct. Social media contained reports from people who say that some residents arrived at the High School for the meeting only to go home. Residents worry that others may arrive on Thursday evening for a meeting that’s over.

The remedy for this “bold-faced lie”, said Trinque to the EFSB Board, is to schedule another meeting at Invenergy’s expense.

Stacy Slekis echoed Trinque’s remarks, telling Niland, who remained silent on stage throughout the night, “Very well played on your mis-advertisement. We clearly are smart enough to know that this was not a mistake, but rather a carefully orchestrated tactic and an unethical business practice.”

Niland and Invenergy did not reply to a request for a comment on this.

On Facebook, Kimberly Breault Sheeley, who works for the Bargain Buyer as a graphic designer, wrote, “…the bargain buyer did not typeset that ad… they did the ad themselves …so don’t blame us…”

This isn’t the first time Invenergy has allegedly messed up the process of notifying the public about meetings. Residents pointed to two other times when email invitations to meetings were either not sent to all residents or sent after the date of the meeting has come and gone.

[I will have more on the EFSB hearing later today.]

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Raimondo agrees to meet with Burrillville residents about power plant


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2016-05-09 Raimondo in Warwick 007Governor Gina Raimondo agreed to meet with Burrillville residents about the proposed Invenergy power plant Monday evening after Kathy Martley, a Burrillville resident and founder of BASE (Burrillville Against Spectra Expansion) invited her. Raimondo was in Warwick, at the Veterans Memorial High School, as part of her “series of community conversations” around issues of job training. As the question and answer period began, Martley rose to give the Governor a flower and a card and invite her to Burrillville to discuss the power plant.

“We have a lot of worries about it,” said Martley.

Raimondo took Martley’s card and said, “Yes. I will do it… if you will host me at a community meeting in Burrillville I’d be very happy to do it.”

Raimondo has been an unwavering supporter of the fracked gas and diesel oil burning power plant since the plan was announced back in August of last year.

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Rep Shekarchi

Before the event started, outside the entrance to the school, members of BASE approached Representative Joseph Shekarchi, who doesn’t think the RI House will be voting on the plant, but said he is very close to Burrillville Representative Cale Keable and that he would support Keable’s opposition to the plant. Keable, along with Burrillville State Senator Paul Fogarty, wrote a strong letter to the Energy Facilities Siting Board (EFSB) in opposition to the plant. The EFSB has the ability to approve or reject Invenergy’s application.

In a Facebook post Keable wrote:

I have been exploring legislative possibilities with the State House legal staff. As the application has already been submitted, there are significant legal hurdles to simply “stopping” the plant. There is no doubt we could seek to change the law for future applications. We will continue to explore all possibilities. Legislation will be introduced shortly and there will be a public hearing scheduled at the State House. We are looking at requesting this hearing on the same day as a planned rally at the State House designed to let the Governor hear our voices. More on that as soon as I know.

On Tuesday, May 10 the EFSB will be holding the second half of its first public commentary hearing, starting from 6:00 PM to 10:00 PM in the Burrillville Middle School Auditorium, 2200 Broncos Highway, Harrisville.

On Wednesday, May 11 the Burrillville Town Council will have its regular meeting at 7:00 PM in the Town Council Chambers, 105 Harrisville Main St., Harrisville. It is unclear whether any of the business or public comment will concern the proposed power plant.

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Rhode Island’s economy needs a workers’ agenda


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This is a really important video.

The Economic Progress Institute‘s Douglas Hall does four things in the video below. First he gives us a basic, overall big picture economic context, then he “drills down further” into the economy of Rhode Island. Then we’ll see, in big pieces, what a “workers’ agenda” might look like before finally recapping some of the good things done in our state towards advancing a workers’ agenda.

Hall gave the talk as an introduction to The State of Working Rhode Island: Workers of Color, that “highlights the many challenges facing Rhode Island workers, showing the many areas where workers of color fare less well than others.” For more info see here.

Douglas Hall, Ph.D, is the Director of Economic and Fiscal Policy at the Economic Progress Institute. The video was prepared from the talk Hall gave at the 8th Annual Policy and Budget Conference on April 26, 2016, and the Powerpoint slides he prepared.

Rhode Island's economy needs a workers' agenda

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Special Town Council meeting does little to calm Burrillvillian concerns


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2016-05-04 Burrillville Town Council 02“I don’t [want to] throw cold water on your parade here,” said Burrillville Town Manager Michael Wood, “but you can’t simply just determine a tax at will and tax somebody… It’s not fair to leave you with the impression that this can be done when it can’t be done.”

Problem is, Wood is wrong.

Wood was speaking to around 150 Burrillville residents at a “Town Council Special Meeting” held to answer questions and concerns regarding Invenergy’s proposed $750 million fracked gas and diesel oil burning electrical plant.

Nick Katkevich, from the Fang Collective, had just read from aloud the relevant passage from the RI General Laws concerning Burrillville and energy plant taxation, as quoted in RI Future:

44-3-30 Burrillville – Property taxation of electricity generating facilities located in the town. – Notwithstanding any other provisions of the general laws to the contrary, the town council of the town of Burrillville is authorized to determine, by ordinance or resolution, an amount of taxes to be paid each year on account of real or personal property used in connection with any facility for the generation of electricity located in the town, notwithstanding the valuation of the property or the rate of tax.

Council president John Pacheco told Katkevich that the item wasn’t properly on the agenda.

Burrillville resident Kenneth Putnam Jr. then rose and asked a follow up question, which provoked Wood’s response.

This exchange was provoked by a piece I wrote, in which I consulted with lawyers on background. To check my logic, I wrote Jerry Elmer, a Senior Attorney at the Conservation Law Foundation for his opinion. Elmer is an expert in climate change and renewable energy law and has literally written many of the laws currently on the books in Rhode Island regarding energy and climate.

Elmer’s response to my query is worth quoting in its entirety:

The Rhode Island state law on this matter is clear and unambiguous, even if not everyone is familiar with the law.  The Rhode Island statute I am referring to is R.I. General Laws § 44-3-30.  That statute gives the Town of Burrillville (which, legally, would act through the Town Council) the right to set the real estate taxes for any electricity generation plant within the Town (including, but not limited to Invenergy) at any level the Town wants.  Importantly, the level at which the Town taxes the energy plant (such as Invenergy) need not be sensible or reasonable.  For example, the Town could legally charge Invenergy $1 per decade in property taxes.  The Town could legally charge Invenergy $1 billion per week (or per day, or even per hour) in property taxes.  One could have a reasonable argument as to whether any of those tax levels I just mentioned are sensible, or whether (or not) they represent good public policy.  But under that statute (RIGL 44-3-30) they are legal.

“It is also important to note that the statute explicitly says that this is true notwithstanding any other state law to the contrary.  Thus, even if someone could point to a different state law on municipal property taxation, the provisions of RIGL 44-3-30 would trump that other (possible) law.  The statute also is true notwithstanding what tax rate the Town of Burrillville has on other properties (like local homes and businesses).  The statute is also true notwithstanding the actual valuation of the Invenergy power plant.

“The short of it is that there is a specific, very detailed, state law that speaks to this exact question, and which trumps other state laws.  By law, the Burrillville Town Council can set Invenergy’s property tax at any level it chooses; and, if the Town Council chooses, it has the legal authority to set that tax rate so high that Invenergy would pack its bags immediately and leave the Town forever.”

Earlier, Councillor David Place interrupted Katkevich, asking everyone present that even if the law as written and understood were true, “How long do you think it will be before that law is changed, if the Governor and the General Assembly want to pass the plant?”

Changing the law in the middle of negotiations to favor one party over another would be a pretty big move on the part of the Governor and the General Assembly, especially in the face of widening opposition to the plant and the rising unpopularity of our elected leaders. And the very idea of changing the law in that way is of dubious legality. But that’s a question for another day.

The “Town Council Special Meeting” was held in the Beckwith-Bruckshaw Memorial Lodge, a place with no microphones. From the beginning people in the back had difficulty hearing the proceedings. Only three Town Councillors, John Pacheco III, Stephen Rawson and David Place, attended. Town Planner Tom Kravitz gave a short presentation and answered many questions from those in attendance.

The general tenor of the meeting was one of distrust and exasperation. For instance, while the Town Council won’t reveal any details of tax deal negotiations with Invenergy, on Dan Yorke’s television show State of Mind, John Niland, Development Director for Invenergy and the company’s public face for the project floated the number $3.6 million a year in taxes and rising, over 20 years. This was more information than has ever been volunteered by the Burrillville Town Council.

The people of Burrillville have real concerns. Time and again Town Manager Wood says he “can’t discuss the particulars” of the pending deal with Invenergy, provoking those in attendance last night to reply that they “get all our information” from John Niland on Dan Yorke. In the video below, a resident points out that in her email exchange with Wood, the Town Manager didn’t seem to realize that her home was in the area determined to be affected by the power plant.

“How can we trust that you have our best interests at heart when clearly, I’m in a severely impacted area, and you’re saying I’m not?”

It gets worse.

Tiya Loiselle is a veteran whose home value has dropped nearly $50 thousand in value since January. She was hoping to build equity in her home, but instead she’s rapidly going underwater, because of the possibility of this plant coming to her town.

As much as the residents of Burrillville seem to distrust their Town Council, they distrust Governor Gina Raimondo more.

Governor Raimondo “has been on the wrong side of a lot of issues because she doesn’t listen to the people,” said one speaker.

“She doesn’t reply to your emails,” said another.

“Did she not say that she would meet” with us, asked a woman, who was answered by another woman with, “I followed up, and sent her a message asking ‘Are you still planning to come to Burrillville?’ and she said ‘You’ll have to talk to my advisory board.’”

“You can’t trust the Governor,” said the first woman, “You understand why you see Trump signs everywhere, because no one trusts the Governor any more.”

Perhaps no one at the meeting expressed the impotence, fear and anger felt by the people of Burrillville better than Deborah Krieg, a “mom from Burrillville”. Her short speech to the Town Council was heart breaking:

You can watch the entire Town Council meeting here:

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