Jeremy Bailey – RI Future

October 27, 2016

Good Republican discourse in Burrillville

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“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.”

September 22, 2016

EFSB Public Hearing in Warwick a time for reflection on the process

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The Energy Facilities Siting Board (EFSB) public hearing in Warwick Wednesday evening, coming near the end of the process to decide the fate of Invenergy‘s proposed $700 million fracked gas and diesel oil burning power plant, was filled with almost philosophical reflection, with many speakers, who have sat through dozens of EFSB, town council, zoning and department meetings and honed their public speaking skills, commenting with a battle weary determination and steely resolve.

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

July 13, 2016July 15, 2016

Police remove Burrillville residents from zoning board meeting

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The Burrillville Zoning Board meeting on Tuesday night became tense when Burrillville resident John Anthony Scott, an outspoken opponent of Invenergy’s proposed $700 million fracked gas and diesel oil burning power plant, attempted to play some video of the noise made by the Spectra Energy compressor station.

One of the many issues regarding the proposed power plant is the noise generated by the build up of fracked gas infrastructure in the area.

“Can we have the security stop this?” asked zoning board chair Raymond Cloutier, at which point four or five police officers descended and peacefully removed Scott from the podium, before escorting him out of the auditorium.

“So you’re surpresssing our first amendment rights,” said Scott, “I’m going to make sure I tell the news channels that. I’ll post it all over social media.”

According to Sally Mendzela, who attended the meeting,

“John Anthony Scott and Nicholas Cook set up huge speakers on the stage. The meeting started with regular business and then went on to public comment. Every speaker had to be sworn in. At some point, Burrillville Town Council attorney Oleg Nikolyszyn or Ray Cloutier, the zoning board chair, asked who had put the speakers up there. Nicholas and John were fetched and then all hell broke loose. They wanted to play a video John’s wife had of the pressure release from the compressor station.

“Oleg got all fired up about the difference between decibels and megahertz and said he would not allow Cook and Scott to play the video or audio recording.

“Cloutier had the five cops present come down front, all with the audience screaming and whatnot. John and Nicholas picked up the speakers and headed out with the cops.”

Edit: John Scott issued a statement in which he points out that “I have & always had a great relationship with the Burrillville Police… After the video… Nick & I left freely to go put equipment away in his car then returned to watch the rest of the meeting listening & supporting our family & friends residents & community!”

Some time after Scott and Cook were escorted out, Burrillville resident and power plant opponent Jeremy Bailey spoke to the board. He took the opportunity to hum to the board, to approximate the sound they might have heard if they had listened to the video and audio.

Both Bailey and John Scott have announced that they are running for positions on the Burrillville Town Council.

During a blow off, which happens several times a year, large quantities of methane and other chemicals are released directly into the atmosphere. The sound approximates a commercial jet airliner taking off.

June 29, 2016June 29, 2016

Power plant opponent Jeremy Bailey running for Burrillville Town Council

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Jeremy Bailey, one of the most vocal and visible leaders in the battle against Invenergy’s plans to build a $700 million fracked gas and diesel oil burning power plant in Burrillville, has announced his candidacy for a position on the Burrillville Town Council in a Facebook post this morning. Bailey is running as a Democrat. A real estate agent, Bailey has a master’s degree in engineering.

Bailey has been one of the most vocal critics of the Town Council and Town Manager Michael Wood, once publicly calling Wood a “a cancerous tumor.”

May 28, 2016September 16, 2016

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

17 Catherine

18 Paul McDonald – Providence Central Labor Council

19 Paul Lefebvre

20 George Nee AFL-CIO

21 Jan Luby

22 Richard Sinapi – NE Mechanical Contractors Association

24 Doug Gablinske Tech RI, The Energy Council

May 27, 2016

State House rally against Burrillville power plant disrupted by union members

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The 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:

2016-05-26 Burrillville at the State House 021 — Senator Paul Fogarty

2016-05-26 Burrillville at the State House 025 — Representative Cale Keable

May 26, 2016May 26, 2016

Sound and fury over power plant at the Burrillville Town Council

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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.

April 28, 2016April 28, 2016

Burrillville Town Council lets their lawyer not answer questions about power plant tax negotiations

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A somber yet unyielding Town Council faced the displeasure of Burrillville residents Wednesday night. At issue is whether or not the residents of Burrillville can trust their elected officials to negotiate in their best interests with Invenergy, a multi-billion dollar company intent on bringing a fracked gas and diesel oil burning power plant to their pristine town. The Town Council appeared to do themselves no favors allowing their lawyer, Oleg Nikolyszyn, to speak for them.

The tone for the evening was set when Jan Luby took the council to task for apparently deceiving the public at a previous town council meeting about when exactly they learned that Invenergy was planning to build a power plant in their town. Council President John Pacheco had said that the Council had learned about it in August of least year, but video has surfaced showing that they knew as early as February.

“So now that we know that there’s no question you knew in February, not August, of last year… we’d like to know how you stand now, as individuals. We are your constituents and we deserve to know,” said Luby, even as she understood that under the Open Meetings Act, the council members could not answer questions but only listen. Luby then went on to suggest that Town Manager Michael Wood be fired, to much applause.

Terri Lacey took issue with comments she has seen and heard on social media regarding citizens opposed to the power plant. “The comments that have gotten back to us, about us… are intentionally demeaning,” said Lacey, “It gives the perception to the community that we are troublemakers… and we are not to be taken seriously.”

Jason Olkowski spoke for a long time about his love for his adopted city and the quality of life he enjoys with his wife and daughter in Burrillville. “I’m concerned by a Governor that marginalizes the people of Burrillville as protesters,” said Olkowski, referencing a comment by Governor Gina Raimondo about opposition to the power plant.

The most interesting part of the evening was when the Council finally got around to Agenda Item 16-119, filed by residents Terri Lacey, Andrew Vanable, Jason Olkowski, Jeremy Bailey and Deborah Yablonski. During the last Town Council meeting it was revealed that Town Manager Michael Wood, with Town solicitors Oleg Nikolyszyn and Special Assistant Council Michael McElroy have been negotiating tax breaks for Invenergy’s power plant, without the awareness of the residents of Burrillville. Nikolyszyn and Pacheco said then that since the subject was not properly on the agenda, it could not be discussed.

But now that the item is properly on the agenda, the subject is still off limits, said Nikolyszyn. As the item came up for discussion, Nikolyszyn rose and told the crowd that such negotiations are secret and discussing details would be a violation of the law. This seemed to infuriate the crowd.

Nikolyszyn said that the Town Council was going to be briefed on the details of the negotiations after the public portion of the Town Council meeting ended, in executive (private) session. Right now, Nikolyszyn maintained, the Town Council was unaware of the details of negotiations. Despite Nikolyszyn’s preamble, residents stormed ahead and asked their questions anyway, fully aware that the Council was shielding themselves from answering behind their lawyers.

At 10:15 in the video above, Jason Olkowski and Jeremy Bailey ask their questions. The question as to when the negotiations began, why the negotiations were undertaken and who approved them could not be answered, said Nikolyszyn. The details of McElroy’s involvement with the negotiations, and how much he is paid, said Nikolyszyn, is not a public record.

The details of all negotiations will not be publicly known until negotiations are complete, said Nikolyszyn.

“That is certainly unfortunate,” replied Olkowski.

Olkowski then asked what are the advantages of negotiating a tax break for Invenrgy, rather than just leaving the $750 million plant on the tax rolls. Nikolyszyn replied that he is prepared to answer that question tonight, but in closed executive session, not with the residents in an open meeting. You don’t discuss the pros and cons of a business deal publicly, Nikolyszyn maintained.

The subject of the Town Council’s “neutrality” towards the plant came up. After the last Town Council meeting, many residents have wondered why the Town Council needs to be neutral about the power plant when Governor Raimondo has been a strong proponent. “It was I who advised the Council remain neutral” with respect to the power plant, said Nikolyszyn. “We don’t want to give [our appointed boards] marching orders, like the Governor did with the [Energy Facilities] Siting Board.”

It what could be seen as a direct attack on Raimondo’s credibility, Nikolyszyn said that not maintaining neutrality until the boards’ decisions are finalized weakens your credibility. We wants the reports of our boards to be respected, and not seen as just “following marching orders,” said Nikolyszyn.

One of the most frustrating parts of the discussion occurred at the 34 minute mark above. Tracey Keegan asked, “Could a council member make a motion to end all negotiations with Invenergy right now?”

After minutes of legalese and hemming and hawing on the part of Nikolyszyn, and after Keegan repeated the question multiple times, an exasperated Town Councillor David Place finally answered, “Yes.”

No one did, though. Instead, in a statement released today, Council President John Pacheco said, “…our team was directed to continue discussions… I’m satisfied that negotiations are headed in the right direction.”

Burrillville Town Council secretly negotiating tax deals with Invenergy

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In a stunning revelation, Burrillville Town Council legal counsel Oleg Nikolyszyn confirmed under questioning from Burrillville resident Jeremy Bailey that the council has been secretly negotiating a tax agreement with Invenergy for the proposed gas and oil burning power plant. Before this revelation, the existence of such negotiations may have been suspected, but were not confirmed. Shortly after Nikolyszyn’s revelation, Councillor Kimberly Brissette Brown questioned whether the item was properly before the Council. Council President John Pacheco III said that the item was not properly before the council, and said that if Bailey wanted to discuss the issue of the Council’s tax agreement deliberations with Invenergy, he would have to put that item on the agenda.

How Bailey would know to put previously unknown secret meetings with Invenergy on the agenda was not discussed.

Nikolyszyn’s admission capped a stressful and difficult Burrillville Town Council meeting, in which council members, aided by legal counsel Nikolyszyn, once again said that they have no power to stand against Invenergy. President Pacheco said that if the Town Council doesn’t remain absolutely neutral about the plant, it may seem that they are unfairly influencing various boards, the members of which the Town Council has nominated. Why this level of neutrality is necessary from the Burrillville Town Council in relation to boards they nominate but such neutrality is not necessary for Governor Gina Raimondo, who nominates the members of the Energy Facilities Siting Board and has taken a position in strong support of the power plant, is unknown.

Burrillville resident Jonathan Dyson later followed up with the Town Council about the tax negotiations with Invenergy, asking if there was any board, regulation or law that forced the tax agreement meetings. Despite saying earlier that the item wasn’t properly before the board, Pacheco answered Dyson and maintained that entering into such discussions was a fiduciary duty of the Town Council. Then Pachco added that these negotiations also include the “potential abutters to the power plant,” that is, people who own property next to Invenergy’s land.

Pacheco didn’t explain exactly what this means, but it seems to indicate that Invenergy is actively negotiating what payments, if any, abutters to the project might receive in the event that the power plant is built.

When Dyson then asked the Town Council “under what conditions would the Town Council say no to Invenergy,” Town manager Michael Wood angrily said, “That is not an agenda item.” But in fact, it was an agenda item 16-106 (b). Wood then said that the item was too vague and would not be discussed, never mind that earlier, Council President Pacheco had complimented Gary Patterson, who requested that item be placed on the the agenda, saying, “Your item on the agenda was properly phrased. I appreciate that.”

Throughout the meeting the Town Council took great pains to tell the people attending that the fix wasn’t in and this wasn’t a done deal. However, to the consternation of most of those present, the Town Council has admitted to secretly negotiating tax agreements and issues of abutment with Invenergy. Worse, theses discussion have been going on for some time, as the earliest discussions seem to precede Oleg Nikolyszyn becoming town solicitor.

By the end of the meeting the public was more angry and distrustful of the Town Council than when the meeting began.

I’ll be writing much more about this meeting in a future piece, but right now, questions remain: How long has the Town Council been in negotiation with Invenergy? Who has been party to these negotiations? The Town Council says that this isn’t a done deal, that the “fix isn’t in” but what other unknown meetings and negotiations are happening without the public’s knowledge?

March 24, 2016May 3, 2016

Power plant already adversely affecting Burrillville property values say realtors

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During public commentary at the Burrillville Town Council meeting Wednesday night, two real estate agents talked about the negative effect the proposed gas and oil burning Clear River Energy Center is already having on property values in the town.

Jeremy Bailey, from Acumen Group Real Estate, testified that he recently had a prospective buyer from Riverside about to put half down on a $449,000 piece of property on East Wallum Lake Road.

“He liked everything about the property,” said Bailey, “But before the conversation ended he asked, ‘Where are they putting the power plant?’”

Bailey pointed up the road and explained that the proposed construction wasn’t too far away. By the time he finished the buyer backed out, saying, “Nah, I’m not interested anymore.”

2016-03-22 Burrillville 002 — Outside the Burrillvile Town Hall

After the meeting Bailey told me that the buyer told him to let him know how the March 31 public hearing on the power plant goes.

Paul Lefebvre, another realtor and owner of Acumen Group, testified that when he heard about the proposed plant two years ago, he didn’t think much about it. He couldn’t see any way that the Town Council might support such a plan. But recently he learned that the power plant has the support of both Senator Sheldon Whitehouse and Governor Gina Raimondo, and it now appears the power plant is being “forced on the town.”

“Which is insanity,” said Lefebvre, “I don’t see any benefits for the town. I see all detriments. Nothing good, only bad.”

Speaking about the effect the proposed power plant is having on property values, Lefebvre said, “We’ve lost some interest and lost one sale at the company I own because of the talk, the perception, of this thing coming to town.”

“What surprises me,” said Burrillville native and retired schoolteacher Chuck Boucher, “is that the political system seems to have cut us out of the process. I was under the impression that we were a democracy… I would like to think that when Governor Raimondo hears the situation out here that she realizes that it will adversely affect everyone’s property values. It will adversely affect everyone’s health. It will adversely affect the community at large. I would like to believe that she cares enough about her constituents to reconsider locating something of this size in a rural area that’s known for being pristine.”

Kathy Martley, founder of Burrillville Against Spectra Expansion (BASE), asked the Burrillville Town Council to consider a resolution similar to the one Providence City Councillor Seth Yurdin submitted to the Providence City Council last week that was adopted unanimously. Yurdin was concerned about the health, environmental and safety effects of the proposed Fields Point Liquefaction facility to be located in South Providence.

“As a Burrillville resident and tax payer, I urge you to pass the same resolution to stop this project,” said Martley, until health, environmental and safety studies are done.

Jeremy Bailey pointed out that the power plant wants to tap into the town well and the sewer system. “At a minimum,” said Bailey, the Town Council could speak to state and federal agencies and ask them to, “hold off on entertaining or approving” the power plant.

In the past the Burrillville Town Council has claimed to be powerless against the corporate might of multi-billion dollar fossil fuel companies like Invenergy and Spectra, but as Martley, Bailey and other residents speaking before the Town Council last night pointed out, there is plenty that can be done on a local level.

Video of all who testified on the proposed power plant here: