Wednesday night’s Burrillville Town Council meeting hearkened back to the early days of public opposition against Invenergy’s $700 million fracked gas and diesel oil burning power plant planned for the town. Back then, we saw a public that was distrustful of the town council, and a town council that was not receptive to the idea of opposing the power plant, early on claiming to be powerless against the combined might of Invenergy, Governor Gina Raimondo’s office and regulators.

The town council then took the position, contrary to the Open Meetings Act, that people in the town were only allowed to talk about issues and subjects that were specifically listed on the town council’s agenda, cutting off discussion about the Algonquin pipeline if the power plant was on the agenda, or vice versa.  In December of last year, calls from the town council to trust them elicited groans of dismay from the audience.

Then, in April of this year, it was learned that the town council had been in secret negotiations for a tax treaty with Invenergy for months. The town council was still forcing residents to only speak about “agenda items” and working hard to curtail public discussion, contrary to the Open Meetings Act.  The growing resistance in Burrillville to the power plant felt disempowered. Not only were they fighting a multi-billion dollar power plant company funded by a Russian oligarch, they were fighting both the state and local governments. The fight seemed impossible and trust between the town council and residents couldn’t be worse. Or so they thought.

At an April 14 town council meeting Council President John Pacheco said that the town council learned about Invenergy’s plans when everyone else did, during a press conference held by Governor Raimondo announcing the plant, saying, “As a town council, we did not know this plant was actually going to happen until the Governor announced it.”

This turned out to be inaccurate. Videos of town council meetings from February and March of 2015, on the town council’s own website, showed the town council and state legislators paving the way for the controversial Invenergy power plant months before the governor officially announced the project. Over time some of the details about how Invenergy approached the town came to light, but the complete story, and who opened what doors to the power plant, has yet to be revealed.

The town council eventually came to a public position regarding the power plant: The town council would put on a public display of strict neutrality, taking no position for or against the power plant, until after all the advisory opinions from various town boards had been completed. This was so as to appear to not influence the outcomes of the various advisory opinions and give the Energy Facilities Siting Board (EFSB) a reason to suspect that the opinions might be slanted in some way.

State legislators Cale Keable and Paul Fogarty went a different route. They entered legislation at the state level that if passed, would give voters in Burrillville the ability to approve or reject any tax treaty negotiated between the town council and Invenergy.

The bill passed the House and was due for consideration and a vote in the Senate when the town council passed a resolution in opposition to the Keable Bill at the 11th hour, giving the Senate Judiciary Committee enough of a reason to vote down the bill. The relationship between the town council and residents was now overtly acrimonious. There were tears from Town Councilor Kimberly Brissette Brown and anger and accusations from Town Councilor Donald Fox. Residents spoke of feeling “humiliated” at the State House as the press release announcing the resolution was sprung on them by Senators Frank Lombardi and Steven Archambeault, who treated the residents with risible condescension.

Since that low point, the town council and residents worked to rebuild trust. Residents by this time were long past being held to arbitrary and incorrect readings of the Open Meetings Act. They spoke their minds, expressed their concerns and the town council, to their credit, finally seemed to be listening. They seemed to come together as a town when Governor Gina Raimondo visited to hear resident concerns about the power plant.

After the lengthy process of creating the advisory opinions concluded, the town council passed an extremely robust resolution opposing the power plant and asked other city and town councils in and around Rhode Island to join them in opposition. Many already have and many more are considering joining Burrillville in opposition to the plant. But the Burrillville Town Council’s opposition came with a caveat: They still planned to sign a tax treaty with Invenergy, a tax treaty that the town residents want to hold off on signing.

At issue is the timing. The town council maintains that they have negotiated a solid tax treaty that will protect the town in the event the power plant is built, and guarantee a steady stream of income to the town. The residents want to wait until after the EFSB decides on Invenergy’s application before signing any treaty. Right now, the power plant’s application is suspended, pending Invenergy’s search for a new source of water. Signing the tax treaty, say residents, gives Invenergy extra leverage in negotiating a deal with another municipality, like, let’s say, Woonsocket, to purchase water. The town’s opposition to the power plant must be unified and consistent. Opposing the power plant with a resolution sends one message, signing a tax treaty with Invenergy sends another.

At Wednesday night’s hearing, Attorney Michael McElroy, who negotiated the tax treaty, said that the opposing the power plant and signing a tax treaty were not inconsistent actions and would not be seen that way. “I want to make it… clear that I see no inconsistency between entering into these agreements and dead set opposition to the plant,” said McElroy.

But McElroy is a lawyer. He is not a business man trying to buy water to cool a power plant. What businessman wouldn’t mention the tax treaty as proof that the town council is actually okay with having the power plant sited in their town? The resolution in opposition will be described behind closed doors as merely political theater, something to satisfy the rubes while the real business of government is imposed by the movers and shakers in secret meetings paid for with political contributions.

McElroy did his best to sell the tax treaty to the residents. He spent 45 minutes outlining the deal, expressing the need for a treaty. One reason McElroy gave, that didn’t sit well with residents, was that, “I want to get paid.” The money generated by this tax treaty will give the Town of Burrillville the money it needs to fight the siting of the power plant all the way to the Supreme Court, if need be. The lawyers and experts needed to fight such a case cost money, said McElroy, who included himself in those expenses.

McElroy suggested that if the town council did not pass the tax treaty, Invenergy might pull it off the table. He assured the audience that contrary to what Conservation Law Foundation senior attorney Jerry Elmer says, the plant will be built without a tax treaty in place.

Residents weren’t buying it. Towards the end of what turned out to be a five hours plus meeting, it was obvious that the town’s people were not willing to drink the tax treaty Kool-Aid. Forty people spoke against passing the tax treaty. Two spoke in favor of trusting the town council and McElroy’s advice.

Ultimately the town council recessed without doing anything on the tax treaty. There is a plan to take up the issue again next week.

“So fucking recall me,” said Burrillville Town Councillor Donald Fox, then, turning to the Burrillville residents who had stopped to watch the argument, continued, “and that’s going for all you guys listening. Recall me. It’s okay.”

After Wednesday night’s record breaking Burrillville Town Council meeting, which lasted until twenty minutes past midnight and resolved nothing regarding the tax treaty between the town and Invenergy, the company that wants to bring a $700 fracked gas and diesel oil burning power plant to the town, Burrillville Town Councillor Donald Fox was heard having a loud conversation with candidate for town council Ray Trinque, who also serves on the town’s sewer commission.

The discussion was in the parking lot of the Burrillville High School, after the town council finished its business. Several people were in the parking lot watching and listening to the conversation, including Jeremy Bailey, a Burrillville resident and a Democratic candidate for town council.

The conversation between Fox and Trinque is “about the sewer commission’s role with Invenergy’s application,” but it quickly dovetailed into events that happened earlier in the year, when Burrillville residents were considering initiating a recall petition against members of the town council. Trinque claims to have interceded on behalf of Fox.

Here’s the transcript, as best as I could hear:

“So why are you trying to make people think that we can stop it, that if the sewers are…” says Fox in the video.

“I didn’t say that…” interrupts Trinque.

“But that’s what everyone in that fucking theater thinks,” exclaims Fox, gesturing towards the high school auditorium.

“I asked a question,” counters Trinque, “But this is why I’ve avoided these town council meetings…”

“Well you should if you’re going to bring up shit like that because you know we can’t do anything about it!”

“Yeah but the whole point is, the first one I get to, I mean [garbled] because I’m not loyal enough…”

“I don’t give a shit!” says Fox.

[crosstalk]

“I’m as loyal as they get!” says Trinque.

“I don’t care about that at all,” says Fox.

[crosstalk]

“Ray, that has nothing to do with this process.”

“This has to do with this process,” says Trinque, “because when these guys were going to recall all of you and wanted you number one…”

“Fucking recall me!” exclaims Fox, “It’s okay!”

“Let me tell you, I talked them into not doing it…” Trinque tries to say.

“It’s okay!” exclaims Fox again, “You know me…”

“Because it would have been ultimately unsuccessful and it would have…”

“You know I don’t care,” says Fox, exasperated, “I’ve got better things to do.”

“I understand that,” says Trinque.

“So fucking recall me,” says Fox, then, turning to the Burrillville residents who had stopped to watch the argument, “and that’s going for all you guys listening. Recall me. It’s okay.”

It’s at this point in the video that Fox notices Bailey recording the conversation.

“You’re going to film it? You’re filming it?” Fox asks.

“Yup,” says Bailey.

“You are such an unbelievable,” says Fox.

“Listen,” says Fox, turning his attention back to Trinque, “It doesn’t matter. You know that we can do nothing about the sewer commission… We’re doing what’s right and you know that. We’re doing everything by the book and to throw stuff out like that is…”

At this point the pair are interrupted by a person in a car.

“Can I help out?” asks the motorist.

“No, this is two Republicans going at it,” says Fox.

“You know,” says Trinque, “Good Republican discourse.”

“We got the Hollywood guy over here filming,” says Fox, gesturing towards Bailey.

In an email, Fox wrote a lengthy reply to the video, which I am including in it’s entirety below:

Ray and I were arguing about the sewer commission’s role with Invenergy’s application.  I took exception to him making public comments about the sewer commission’s capacity when he knows very well that the Town Council cannot control what the Sewer Commission does.  Plus, if the power plant company gets their DEM permitting and all is in order according to State regulations, the Sewer Commission cannot stop them from using the system.  But to bring that up in that manner, when the residents were there to talk about the proposed tax treaty agreements, can lead people to incorrectly believe that the TC can do something about it.  We cannot.  I repeat that we cannot stop Invenergy from using the sewer plant for discharge.

“I have known Ray Trinque for years and appreciate the service he has done for this town through is efforts on the School Committee.  We have often talked about the town, the role of the TC, the role of the School Committee.  It was this Council that appointed Ray to the Sewer Commission.  We have attended many events together and I am proud to call him my friend for the wonderful work that he does with the veterans groups.  So we feel very easy talking about any issue, whether we agree or not.  Ray mentioned a recall effort and I told him that I do not care if I am recalled for doing what is right.  I have never done public service for anything but that – public service.  I will always do what is correct for the Town, not what is correct for politics.  I hate how the power plant issue has been used as a political tool by some in town.  And I am proud of the efforts made by this Town Council to stay away from that and not make it a political issue.  If Council members wanted to use this as a political tool that effort would have been made 2 years ago when Rep. Cale Keable brought the plant to town.

“I have heard about the recall rumors for months and my stance has not changed or been influenced by that.  Let me give you some background on myself.  I never did military service when I was younger and am so very proud of the men and women that I know in my life who have done such service.  One of my best friends has done multiple tours overseas in Iraq and Afghanistan, in horrific conditions.  I feel that serving on boards, commission and Council has been my small way of doing something worthwhile for the greater good of my community.  While it can in no way be compared to the sacrifices that our armed forces make, I take a page from my friend’s book – I do not back down to pressure and will always do what is right.  Recall rumors do not affect me and I do not care about them.  That is political garbage and it will not sway me on how I conduct myself as a Council member.

“Let me repeat that, I do not care about such things.  If the constituents of this town feel that I should be recalled for executing, to the best of my abilities, the responsibilities of a Council Member then that is their legal  right.  My voting record is clear.  My actions are clear.  My stances are clear.  I believe in Burrillville.  I want to protect it as much as anyone.  I am raising my 3 children and family here.  I invested $1.1 million of my own money in a new building in Burrillville, when there were cheaper options to build or lease elsewhere in RI and in MA..  I put my money where my mouth is because I believe in this town.

“So when someone like Jeremy Bailey wants to film me and Ray Trinque having a passionate argument about what is good for Burrillville, I do not care.  As I said, Ray and I are friends who have both long served the town, supported the town and care about this town.  According to this week’s Bargain Buyer, Mr. Bailey is a one topic candidate and does not deserve votes in this community due to potential conflict of interest that he has.  The ad questions how he can vote on power plant related issues when he is listed on the abutter list  in the PVGA.  I have to agree with whoever placed that ad.  Mr. Bailey not only has his facts wrong, but he has been a pawn of the Democratic Town Committee in its effort to make the power plant a political issue.  Mr. Bailey’s actions as a sneaky filmmaker do not concern me.  What concerns me is doing what is right for this town.  What concerns me is being part of a Council that has done things the right way since the plant came to town in December of 2014.  What concerns me is that our Council has worked and continues to work for the good of this town and has put aside political aspirations and goals while doing work on the power plant issue.  No one can accuse this Council of not doing what if feels is best for the town as a whole.

“You in your blog very early on questioned this Council for its neutrality so that our boards’ advisory opinions would not be tainted.  Turned out that we did the right thing for the town as a whole.  Yet we were attacked repeatedly by you and others for making this difficult stance.  If people want to recall me for taking such actions, then recall me.  No one will ever accuse me or anyone on this very sound and professional Council of doing anything but what is best for the town.  If you are going to write about this, please include my complete reply herein.”

Perhaps no one summed up the emotional toll of the process better than Kerri Fagan, who reminded the board of the promises made regarding the fairness of the process by elected officials such as Governor Gina Raimondo and Senator Sheldon Whitehouse as well as by the board members themselves, then launched into a long list of irregularities and seeming violations of the process that tend to favor Invenergy and disfavor the towns people.

Six of the twelve advisory opinions, said Fagan, maintain that, “Invenergy did not provide enough information before the deadline for them to submit an appropriate advisory opinion.”

Fagan explained that the process allows for the RI Public Utilities Commission advisory opinion, “to be completed by a single person, [Herbert DeSimone Jr]” after one of the other members recused themselves because they “previously expressed support for the project.” The process of having one person make that decision was questioned, said Fagan, but was ruled appropriate by the single board member, DeSimone Jr.

“The process allows Invenergy representatives to falsely testify at open meetings,” said Fagan. “Did the process require them to acknowledge their misinformation? No. There are probably people who still believe they will receive great rate savings,” if the power plant is built. Fagan says the process also allowed Invenergy to falsely advertise meeting locations and times.

The process, said Fagan, requires that the Burrillville Town Council remain neutral throughout the process, yet Governor Raimondo and Senator Whitehouse can express their support for the project.

The process allows attorney Richard Sinapi to represent the Harrisville Water Board, but also lobby against Burrillville Representative Cale Keable‘s EFSB bill on behalf of labor unions, while also allowing his law firm to write a position opposing the Town of Burrillville’s Motion to Dismiss. “The question of conflict of interest was raised, but [Sinapi] continues to represent parties on both sides of this proposal.”

The process allows the Governor and labor unions to advocate for the process based on the jobs it will create, but the EFSB is not charged with creating jobs, but with determining energy needs and judging environmental impacts. “I don’t believe the EFSB has a responsibility to create jobs,” said Fagan,” and I don’t believe it is an appropriate outcome to consider in this setting. Yet the process has allowed this to be a major rallying cry for those that support the process.”

“It is very hard for the residents to respect the process,” said Fagan, “as it seems to be flawed in all areas. The EFSB board works for the Governor. The Governor supports the project. Companies such as Goldman Sachs and General Electric appear to be partners in both this proposed project as well as working with the Governor on statewide initiatives.

“Why has there not been a comprehensive environmental impact statement completed?”

“We can only hope that [the EFSB] will truly listen and read through why this is the wrong project and in the wrong location,” said Fagan, wrapping up, “We hope that you have the strength to fight the state wide politics and make a decision on the merits of the project and truly consider the negative, long lasting detrimental impacts  that this project will bring to the Town of Burrillville.”

Other speakers that leaped out at me include Paul Roselli of the Burrillville Land Trust, who praised the RI Department of Enviornmental Management‘s advisory opinion.

Cranston native Rhoda Northup said that this was “not just a Burrillville issue, but a statewide issue. It’s also a Connecticut and Massachusetts issue. “Do we go thirsty and the power plant gets the water?” asked Northup.

Suzanne Dumas

Sally Mendzela spoke about the reality of climate change, and how plants like the one proposed by Invenergy will doom our planet.

Lynn Clark

Mary Gauvin

Smart energy conservation could easily absorb the 10,000 megawatts going offline, the power plant is not needed said Vito Buonomano.

Lisa Petrie explained her concerns as a mother, and explained why she chose to be arrested outside Governor Raimondo’s office.

Donna Woods told the EFSB members, “You do know better” than to approve this plant.

Denise Potvin

This public comment meeting was scheduled for after the last of a dozen advisory opinions were filed with the EFSB. Many who spoke at the hearing pointed out that at least six of the advisory opinions are incomplete, because Invenergy could not supply required information.

The testimony and hearing was also colored by the fact that the Burrillville Town Council will be voting tonight on whether or not to oppose the power plant in a meeting at the Burrillville High School Thursday night, and will be voting on whether to approve or reject a proposed tax treaty between the town and Invenergy on Monday evening. The groups in opposition to the power plant from Burrillville do not want the town council to approve the tax treaty, which may characterized as selling the town for a measly $92 million.

There will be one more public comment meeting, originally to be held on October 3 but not postponed, date to be determined due to Invenergy’s request for a thirty day extension as they work to secure a water source for their plant. In the meantime, the EFSB board will hold a meeting to decide on two motions to dismiss Invenergy’s application, one from the Town of Burrillville and the other from the Conservation Law Foundation (CLF) based on Invenergy’s incomplete application and failure to provide adequate or timely information when requested.

Here is the video of all the speakers:

Richard Dionne said that Invenergy should be required to submit all requested information.

Doug Geblinske of TEC-RI spoke in favor of the power plant.

Eugenia Marks, noted environmentalist former head of the RI Audubon Society, spoke against the plant.

David Brunetti questioned Invenergy’s “cicular logic” in determining that Burrillville was the location for this plant.

Kathryn Scaramella questioned the “small but meaningful savings” ratepayers will receive if the plant is built. She pointed out that the extension Invenergy requested was a violation of terms EFSB Chair Meg Curran set out in May, when she said “all deadlines are set in law.”

Mary Jane Bailey said the location chosen for the power plant was rejected when the Ocean State Power Plant was built in the 1980’s. “If it wasn’t right in the ’80s it’s not right now,” said Bailey.

Ben Weilerstein, of the Toxic Action Center said that the same kind of action taking place in Burrillville is what helped defeat the pipeline project in Massachusetts.

Meg Kerr, senior policy director for the RI Audubon Society spoke against the plant.

John McMullen, business agent for the Plumbers and Pipefitters union spoke in favor of the plant, saying there was a need for the energy and the jobs. He said that RI Building Trades supported Deepwater Wind and that a life of temporary jobs allowed him to raise his daughters and send them to college.

Irene Watson noted that her community’s public speaking skills have improved because of the countless meetings they’ve been to.

Kenneth Putnam Jr spoke from the heart. He’s 76 and 1 day old.

Betty Mancucci

John Anthony Scott

Jeremy Bailey

Roy Coloumbe said he represents two dozen iron workers from Burrillville who support the project.

Attorney Greg Mancini is Richard Sinapi’s law partner and represents the RI Building Trades.

“The power plant will be around 30-40 years from now, says Stephanie Sloman. “”I’ll be dead, you’ll be dead,” she told the EFSB members, “75 percent of the people here will be dead. I’m not trying to be funny.” It’s about the future.

Sloman gave each member of the EFSB this picture, to remind them of the species they will either help to save or destroy, depending on how they decide on the power plant.

Cynthia Crook-Pick compared the power plant to 38 Studios, both are being pushed forward with inadequate information.

Karen Palmer

Jason Olkowski

The road to the no vote was Rhode Island political theater at its finest, with the Harrisville District attorney, Richard Sinapi, taking on the role of villain in the piece.

Sinapi is not only the attorney for Harrisville, he’s also a lobbyist who has testified at the State House in favor of the proposed power plant. He represents the New England Mechanical Contractors Association. In this capacity, on May 25 he testified in favor of the power plant and against Rep. Cale Keable’s bill to give the residents of Burrillville a vote on any tax treaties the Burrillville Town Council might negotiate with Invenergy.

At the House Committee on Environment meeting Sinapi suggested that choosing to purchase a home near an existing pipeline means that one should expect a power plant to be built nearby, just as choosing to live near the airport in Warwick means that one should expect runway expansions and jet noise.

Sinapi also suggested that since we live in a republic, people should not expect a democratic vote on things like power plants being located next door to their homes, they need to understand that their representatives will decide for them, and that they do not have a choice in the matter.

It was on the subject of water, however, where Sinapi made his most egregious comments at the House Environmental meeting in May. “Well 3A has in fact been shut down. It was shut down because it was not suitable for potable purposes. You cannot drink that water. It’s contaminated with MTBEs. However, you can wash with it, you can bath with it. You can’t consume it. That water, that contamination, is 16 years old.”

This is of course completely wrong. MTBE contaminated water cannot be used for washing or bathing, by court order. The water will irritate the skin and there is an unpleasant “sweet smell” to the water as well. Sinapi, a legal advisor to the Harrisville Water Board, should have known this.

At the Harrisville Water Board meeting Tuesday evening, Sinapi presented Invenergy’s pitch to the water board. He said that he and Harrisville became “involuntarily” involved in the Invenergy project after the Burrillville Town Council asked Harrisville to explore the possibility that drawing MTBE contaminated water out of well 3A might spread MTBE contamination throughout the aquifers. Sinapi did not mention his previous involvement as a lobbyist for the New England Mechanical Contractors Association at the meeting.

The offer from Invenergy was to build a pipeline from a well site in Harrisville to the Invenergy power plant site, at Invenergy’s cost. Sinapi presented the idea as an economic boon to Harrisville. The water drawn, said Sinapi, was, “not to exceed the capacity of the well.” Harrisville would receive about $10 million dollars in water sales over the life of the power plant.

Additionally, said Sinapi, if Harrisville did not accept the offer, Invenergy would move on to a “third option” which Sinapi described as more expensive for Invenergy. “I would like to emphasize,” said Sinapi, “they have a third option. It’s not just 3A, they have a third option.”

After Sinapi’s presentation, during the public commentary period, residents of both Harrisville and Pascoag asked, “What is the third option?”

“I’ve been told by two sources that they have a third option,” said Sinapi.

“You made it up, that’s fine,” said someone from the audience.

Under further questioning from Burrillville resident Donna Woods, Sinapi admitted that he has “no idea” what the third option might be.

When Burrillville resident (and candidate for Burrillville Town Council) Jeremy Bailey rose to speak, he said, “I have a an issue right now. Mr. Sinapi was paid $15,000 last year to represent the Mechanics Union, who wants the power plant… That’s a conflict of interest, and none of you [the Harriville Water Board commissioners] seem to be concerned with that… We have a state that’s so corrupt with non-transparency and not a single one of you really has a concern with it.”

No one on the board responded to Bailey’s concerns. Instead, they moved to vote.

The vote was taken, and Invenergy’s proposition to open a new well in Harrisville was turned down, 5-1.

The people rose and told them their stories, many of which those who have attended meeting after meeting in Burrillville had heard before. But Governor Raimondo was hearing them, in person, for the first time. She told the six hundred people gathered at the Burrillville High School that though she understood the problems with the MTBE in the water,  that to hear the stories first hand was very powerful.

She heard them, she said.

Time and again Governor Raimondo assured the people that the power plant was “not a done deal.” For the first time the governor publicly walked back her support for the plant, saying that it was important that she maintain neutrality during the process of approving the plant. She told the people that there was a process, that the Energy Facilities Siting Board (EFSB) was holding a series of hearings and meetings. She urged the people to get involved and let their opinions be known.

Here, I think, Governor Raimondo stumbled. The people of Burrillville could not be more involved in this process. Her visit to Burrillville is a testament to their involvement. The visit is the result of months of work by Kathy Martley of BASE (Burrillville Against Spectra Expansion) and Nick Katkevich of the FANG Collective. If anything, the people of Burrillville understand “the process” better than the governor ever will. They attend the meetings of the EFSB, the Burrillville Town Council, the sewer board, the DEM, the DOH and countless others. There are many people in in Burrillville who dedicate every moment of free time, the entirety of their non-working lives, to this power plant.

This is what Invenergy has already stolen from the people of Burrillville: Every free moment of their lives.

Governor Raimondo urged the people to ”trust the process” but if the people don’t trust the process, it’s not out of some perverse anti-authoritarian impulse, it’s out of first hand experience with the very process she’s telling them to trust in. The people understand the process intimately, and they know that the process favors Invenergy, not the people.

Governor Raimondo was not asked to come to Burrillville as an advocate for “the process” she was asked to come to Burrillville to become an advocate for the people.

Additional thoughts:

As people were let into the Burrillville High School, after waiting outside in the parking lot in the ninety degree heat for hours, security informed them that no more than one person would be allowed in the restrooms at a time. Each restroom accommodates at least seven people. I asked the man in charge of security why this was the case. He told me “Security reasons.” I asked how two people in a men’s room might threaten security in a way that one person couldn’t. He became angry and said, “I’m not going to debate you, I already answered your question.”

The event was moderated by retired newscaster Dave Layman, who volunteered for the mission. Layman set the rules for the meeting, but did so in a way that was infantilizing. This wasn’t a high school full of children, this was a high school full of engaged residents who were very familiar with the ways in which public meetings work. This was a high school auditorium full of people who understand how to behave at a public forum, yet Layman decided to devote no small amount of time to explaining the importance of a Norman Rockwell painting about civil civic engagement. It was elitist and condescending and a poor way to set the tone.

But, despite these caveats, once the meeting got under way, it seemed to go well. The people of Burrillville stood tall, hit hard and did not back away from calling the governor to account. She stayed through the end and beyond, coming off the stage after the meeting and greeted the people one on one.

The people of Burrillville have been treated as afterthoughts in this process, then as agitators and then as children. But by the end of the night Governor Gina Raimondo was forced to see them as people, and recognize their full humanity.

Here’s the full video:

Senator Paul Fogarty

Representative Cale Keable

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Cale Keable announced today he is seeking election to the Rhode Island House of Representatives serving the people of Burrillville and Glocester.

“Now, more than ever, Burrillville and Glocester need a strong voice in the General Assembly,” said Cale. “The proposed power plant threatens the very fabric of our town. We fought tooth and nail to give the people a say. I will continue to be a voice for residents – not special interests.”

A Chicago company has submitted an application to the State to build a 1000-megawatt, fracked gas power plant in the heart of Burrillville’s village of Pascoag. Led by Cale’s opponent, the Burrillville Town Council recently opposed state legislation that would have subjected the tax treaty between the Burrillville Town Council and Invenergy’s power plant to local voter referendum.

“Cale Keable has been standing shoulder-to-shoulder with residents in fierce opposition to the proposed power plant,” said Jason Olkowski, who lives in Harrisville. “Burrillville needs a representative who has listened to our concerns and protects our interests. Other communities across the country have not had such vocal or visible support from their elected officials. Cale has established himself as both a leader and an advocate for our town. We are fortunate to have his leadership in the House of Representatives.”

Cale has chaired the House Judiciary Committee since 2014. Under his stewardship, the committee has passed an unprecedented series of government reforms: elimination of the master lever, comprehensive campaign finance reform, lobbying reform and a proposed amendment to the state’s constitution to bring the legislature within the jurisdiction of the Ethics Commission.

“Our Judiciary Committee has implemented a pro-reform agenda that will restore public confidence in government and ensure that corruption is held accountable,” said Cale.

Cale has also fought to bring resources and tax relief to Burrillville and Glocester. Last year, he voted to reduce the state’s minimum corporate tax, eliminate sales tax on businesses’ utility bills, and create a new jobs tax incentive program. This year, he strongly supported the Administrative Procedures Act that overhauled the state’s regulatory framework. Cale has also passed legislation to ease resident interaction with government. Residents can now apply for hunting licenses online and Burrillville polls will now open at 7 a.m. instead of 9 a.m.

“In the wake of the Great Recession, Burrillville entrepreneurs and small businesses need all the help they can get,” said Cale. “For two years, we have worked to build a better business climate that reduces government’s burden on Burrillville small businesses.”

Cale has fought hard to combat the state’s opioid crisis. He cosponsored the state’s “Good Samaritan Act,” which exempts from liability and provides immunity to individuals who seek assistance when someone is overdosing. Cale also supported bills to further regulate the prescription of opioids, improve emergency room response to overdoses, and require insurance companies to continue coverage of inpatient substance abuse programs.

Cale was born and raised in Burrillville where he proudly attended its public schools. He graduated summa cum laude from Providence College with a bachelor’s degree in economics and history in 1998. Cale received his juris doctorate from Harvard Law School in 2001. He now works as an attorney at the law firm of Partridge Snow & Hahn. Cale, a two time kidney transplant survivor, serves as board member for the New England Organ Bank and is a former board member of the Industrial Foundation of Burrillville as well as Burrillville Schools Alumni Education Foundation Inc. Cale is married to Colleen (Foley) and they live in Pascoag with their two dogs Bonnie and Clyde.

[From a press release]

The Burrillville Democratic Town Committee voted unanimously to endorse three candidates for town council. All three oppose the $700 million fracked gas and diesel oil burning power plant proposed for the town by Invenergy and supported by the present town council.

“In all these cases,” said Committee Chairman Stephen Mulcahey, “we have candidates who are committed to opposing the proposed power plant. In addition, these candidates have the experience and capacity to govern past this one issue”.

The three candidates are:

• Jim Alix, a retired school counselor (MSW). He and his wife, Kathy, a retired school teacher have been residents of Burrillville for over 30 years. Jim has been an active member of the Burrillville Parks and Rec program as well the Burrillville Extended Care Program.
• Michael Dutilly, a career firefighter and union president of the Harrisville Fire Department. Mike is a lifelong resident of Burrillville and a graduate of Burrillville High School. Mike is married and has a newborn baby boy.
• Bob Perreault, a multi-generational Burrillville resident. Bob is a retired Zambarano Hospital employee where he spent his career caring for patients. Bob was a Therapeutic Services provider and has a keen sense of empathy for our fellow residents at Zambarano Hospital.

It is thought that Councillors Nancy Binns and Kimberly Brissette Brown will not be seeking re-election. The only councillor up for re-election is Council President John Pacheco. Councillor David Place, not up for re-election, has plans to run for state representative, against Cale Keable. It’s unclear how this race would affect the make up of the Town Council.

A new Burrillville Town Council may come too late to have an impact on the Energy Facilities Siting Board (EFSB)’s decision regarding the plant. Close observers say the current make up of the Town Council supports the plant 4-3, with Stephen Rawson, David Fox, Place and Binns in support and Pacheco, Brissete Brown and Michelle Bouchard against.

At the same meeting, the Burrillville Democratic Town Committee gave its endorsement for reelection to State Senator Paul Fogarty and State Rep. Cale Keable, who made an unsuccessful play in the State House to pass legislation that would give voters in Burrillville the opportunity to vote on any tax treaties the town council negotiates with energy companies in the town. That bill died in the Senate under “curious” conditions.

Perhaps the most honest statement to come out of the Senate Judiciary Committee regarding Paul Fogarty’s bill S3037A came in the hallway outside the hearing room after the vote, courtesy of Senator Leo Raptakis.

“What happened in there?” I asked.

“I don’t know,” replied Raptakis, “I don’t know why they brought it up for a vote at all.”

The confusion Raptakis felt was understandable. Normally, if you want to kill a bill in the General Assembly, you just never let it come to a vote. Eventually the session ends and the bill is dead.

So why bring the bill up for a vote? What was really going on?

Senator Paul Fogarty’s bill would have allowed the voters of Burrillville the opportunity to vote on any tax agreements made by their town council with any power plant located in the town. The immediate effect of the bill would be to allow voters to decide on a tax treaty being negotiated with Invenergy, which wants to build a $700 million fracked gas and diesel oil burning power plant in the town. The Burrillville Town Council has been repeatedly dishonest with the residents of the town, and has been actively working to bring the power plant into the town against the wishes of most residents. Residents of Burrillville want a say in the process and they want to prevent the power plant from being built.

The House version of the bill, sponsored by Representative Cale Keable, passed out of the House Committee on Environment and Natural Resources on an 11-2 vote and passed the full House on June 8. The Senate version, after a long, contentious hearing that pitted Burrillville residents and environmentalists against labor and business, was tabled without a vote.

The forces in favor of the power plant did not want this bill to pass. It is believed by many that this bill will make it impossible for the power plant to be built, because it will interfere with Invenergy’s ability to secure financing for the project. A stable tax treaty is important to Invenergy because without it, the company faces the prospect of paying full taxes on the power plant. No tax treaty, no funding, some say.

In an effort to kill the bill, Invenergy paid for a full page ad in the Providence Journal. An editorial and an op-ed were published in the paper as well. Pressure was brought to bear on the Senate from the Greater Providence Chamber of Commerce and the Northern Rhode Island Chamber of Commerce whose lobbyists testified against the bills. And labor, which wants the plant built because of the much needed jobs it will provide, lobbied the Senate hard.

Meanwhile, there was pressure being placed on Governor Gina Raimondo by environmentalists to not veto the bill, were it to be passed. Raimondo did not want to be put in the position of having to veto this bill. She wants the public appearance of being strong on environmental issues, even if she supports fracking and fossil fuels. For Raimondo’s purposes, the less known on the national scene about her true environmental  positions, the better. Vetoing this bill would create the wrong kind of headlines, the kind of headlines that might hamper her national political ambitions.

Satisfying these powerful players is easy. All that needed to happen was for the bill to never get out of the Senate Judiciary Committee, and the bill would die, never to be voted on. There’s only one problem: If that were to happen, Senator Paul Fogarty would have failed the community he serves, and though Fogarty, for political reasons, is opposed to the power plant and in favor of his bill, he’s a strong union member and supporter. Under normal circumstances he would be a reliable pro-union vote and a valuable ally.

A way to both kill the bill and save Paul Fogarty’s political career was therefore devised.

Four Senators, Frank Lombardi, William Conley, Donna Nesselbush and Stephen Archambault, presented legal-sounding arguments against the bill, all the while telling Burrillville residents watching the proceedings live or at home how wonderful their Senator Paul Fogarty is. They laid it on pretty thick at times.

“Kudos to Senator Fogarty for the concerns that he showed his constituency in the town of Burrillville,” said Senator Lombardi, “and [for] having the intestinal fortitude to bring forth the bill on the behalf of his constituents.

“And I mean this, Senator,” continued Lombardi, looking at Fogarty who was seated in the center of the room, “I think that the people of the town of Burrillville are very fortunate to have you as their Senator and the work that you do for them. Quite frankly you listened to them and you put forth what you thought was a very favorable bill for your citizenry.”

Not to be out done, Senator Conley said, “Senator Fogarty’s advocacy on behalf of the people of Burrillville on this issue was extraordinary. I’m just about at the close of my fourth year in the General Assembly and I can say without reservation that I’ve never seen one of my colleagues advocate in such a meaningful and, I don’t want to say aggressive but certainly in a strong way, on behalf of legislation. His heart and soul is behind this bill and whether you agree with one of your colleagues or not, it’s always that kind of advocacy in this building that often goes unsung. So it’s important to note that.”

Senator Nesselbush was more circumspect in her praise, saying, “Senator Fogarty has been a passionate supporter of this bill that he even convinced me to be a co-sponsor of the bill.”

Senator Archambault, who might run for Attorney General in 2018, also chimed in with praise for Fogarty, “I want to echo the sentiments of my brothers and sister with respect to Senator Fogarty. He’s been here for you all along, he’s put in a tough piece of legislation, it certainly hasn’t made him any friends on one side but he did it because he cares. I think his actions speak for themselves.” After this performance, I don’t think any environmentalists will be voting for him.

With Senator Fogarty properly lionized and hopefully protected, all the Senators needed was an excuse, any excuse, to vote against the bill. As it is, they produced three excuses. They also needed someone to blame. They couldn’t blame the business community, they couldn’t blame the Governor and they couldn’t blame labor.

Enter the Republican Burrillville Town Council with their press release turned resolution. At the original Senate Judiciary Committee meeting to discuss the bill, Senator Lombardi foolishly tried to pass off a press release against the bill from the town council as a resolution, but in fact the Burrillville Town Council didn’t get around to issuing an actual resolution until the committee meeting was almost over. But now, with a “proper” resolution in hand, Lombardi was able to produce a villain: the Burrillville Town Council.

In his statement after the vote, Fogarty expressed his disappointment at the bills defeat, but did not blame the vote on his fellow senators. Instead, he referred to the resolution, writing that the “last-minute opposition of the Town Council… [was] the equivalent of getting two torpedoes to the bow.”

“It’s a shame that the Burrillville Town Council does not have enough faith and confidence in the local citizenry to make an informed decision on a matter that will impact the future of their community,” wrote Fogarty, forgetting that it was the Senate Judiciary Committee, not the Burrillville Town Council that killed the bill.

Lombardi’s second excuse was that he was concerned about the precedent that passing the bill would set. He said that when the residents of a city or town disagree with their elected officials, they shouldn’t be looking to the state to pass new laws. Lombardi feared that the General Assembly might be flooded with every local issue that is “controversial” if they passed this bill. Of course, it’s fairly easy to find dozens of examples where the state has stepped in to override local laws and ordinances. The very creation of the Energy Facilities Siting Board, the body that will ultimately decide whether or not the power plant will be built, is an example of the state overriding local concerns and laws, for instance.

Lastly, Lombardi noted that one of his colleagues “was gracious enough to provide us with a Rhode Island Supreme Court case entitled Warwick Mall Trust v State of Rhode Island.” Sources told me that the court case was provided to Lombardi and the other senators by Senate Majority Leader Dominick Ruggerio, a strong supporter of labor who sat in on the original Senate Judiciary Committee meeting that heard testimony on this bill.

Lombardi said that the decision in this case could be applied to Fogarty’s bill, and claimed that the bill, as written, would be unconstitutional.

In the end, of course, the Senate Judiciary Committee voted Fogarty’s bill down. It was such an unusual occurrence that Chairman Michael McCaffrey couldn’t quite get his head around how it was supposed to work. As the chairman struggled to find the right way to phrase a no vote, two Capitol Police Officers entered the room, to make sure the crowd did not react aggressively to the decision everyone seemed to know was coming. The vote was 7 -2 against. Only Nesselbush and Erin Lynch Prada voted in favor of the bill.

The disappointment of the Burrillville residents could be felt physically. There were tears. Nick Katkevich, of the FANG Collective, shouted “Shame!” as he was leaving the room. The Capitol Police responded by telling Katkevich to leave, but he was already gone. Out in the hallway, there were more hugs and tears among the Burrillville residents.

They say they will continue the fight.

Looking over every single Senate Judiciary Committee vote this session, you will find that every bill brought up for a vote passed. In fact, every bill before this committee, but two, passed with no votes against them. The two exceptions were S2333 on May 5 and S2505 on March 3, and both times it was Senator Harold Metts casting the lone vote against. Until this day, six of the senators present had not cast a no vote in committee this year.

The truth is that no one is ever really supposed to vote no. These committee votes are pro forma. It’s theater. Every vote serves a purpose and no bill is voted on in committee without a predetermined outcome known well in advance.

And the vote on Paul Fogarty’s bill was no different.

After months of protests, phone calls and civil disobedience from anti-power plant activists and Burrillville residents, Governor Raimondo has scheduled a visit to Burrillville for an open community meeting. The open meeting, which will be held at the Burrillville High School on July 18th from 6-9pm, will focus on Invenergy’s proposed fracked-gas and diesel fuel power plant.

“Since the power plant proposal was first announced last August, we have been asking the Governor to come meet with Burrillville residents. We are happy that the Governor has agreed to this and hear from the people who would be most impacted by the power plant project”. Kathy Martley who lives a quarter mile from the proposed power plant site.

BASE (Burrillville Against Spectra Expansion), The FANG Collective and others have been targeting the Governor for several months over her support of the plant. The groups have shown up at dozens of the Governor’s public events with “Save Burrillville: No New Power Plant” signs and have led multiple call-in days to the Governor’s office. On April 19th the groups held a sit-in at the Governor’s office where one person was arrested after refusing to leave. One of the demands of the sit-in was that the Governor travel to Burrillville and meet with residents.

But activists say that tone of the visit to Burrillville will largely be dependent on whether the Governor vetoes or signs into law a Bill moving through the State House that would give residents more control of the power plant approval process. The Bill is being championed by Representative Cale Keable and Senator Paul Fogarty, both of Burrillville.

“We want the Governor’s visit to Burrillville to be informative but also be a celebration of the Keable/Fogarty bill becoming law. This is the Governor’s climate legacy moment. To veto this bill, and take away the voice of Burrillville residents, would forever tarnish her environmental record”. Nick Katkevich of the FANG Collective.

The Bill, which would let Burrillville residents vote on any tax agreement made between the power plant company and the town council, passed the House of Representatives 64-7 and is scheduled for second hearing in the Senate Judiciary Committee on Wednesday.

[From a press release]

Governor Gina Raimondo said that she will be “very likely to” veto the bill on a recent episode of Channel 12 Newsmakers.

Invenergy wants to build a $700 million fracked gas and diesel burning power plant in Burrillville. Critics and supporters alike say that this bill, if passed, will make the construction of the power plant less likely.