PCC Grandstanding at the Town Council

Tuesday's Town Council meeting was slated to be an executive session, a meeting with the auditor hired to review the School budget. So stupid me, I stayed home for an evening. But beneath the placid surface of what should have been an uneventful meeting, strange forces were at work. The following information comes from two independent anonymous sources who were there.

For some reason, Meaghan Wims of the Newport Daily News showed up, a mere few hours after her paper published the information that the meeting was closed. The press never bothers to attend executive sessions. No reason to. Unless... Did someone drop a dime, tell Wims to expect fireworks?

The meeting started normally, with the motion to go into executive session; it was moved and seconded. But when Council President Canario said, "Comment?" Councilor Karen Gleason took off. She argued that the council had promised to be as open as possible, she said that if they went into executive session that everything said would be inadmissible in court [which, I am given to understand, is not the case, but IANAL], and she claimed that there was nothing to hide and that both parties to the suit should just lay out their case before going before a judge.

Coucilor Len Katzman (who is an attorney) explained the law and court rules, to the effect that executive session was perfectly legal, and expected by the court in situations such as this. Gleason stuck to her guns, and Councilor Peter McIntyre voiced his support.

Canario attempted to end debate, but there was a question from the audience. PCC perennial Kathy Melvin rose to interject a procedural point, Town Solicitor Kevin Gavin objected, but she got off a question about whether the Council was asking their attorney for a "Preliminary Plan," or some such language. The Council did not respond. They voted and moved into executive session.

Now all this grandstanding served only one purpose: to get this headline in the Newport Daily News: Portsmouth Town Council shuts door to meeting.

Here's the thing. That meeting was never going to be open. It wasn't advertised as open, and no one with any familiarity with RI open meetings laws would expect matters concerning litigation to be discussed in a public session. The effort to "open the meeting" was just theatrics to grab a few column-inches.

The PCC, clearly, wants to fight this one in the press rather than the courtroom. I just have to wonder who told Wims to expect a show. It couldn't have been one of the Town Council, could it? If not, then are people on the Town Council working behind the scenes with the PCC? Are there any laws about lobbying at the Town level? Do we need some?

Hat tip to one of my Constant Readers, and to an informed source. Vielen Danke.

Kathy Baker's letter to the Newport Daily News

In my blogging of the recent Portsmouth Town Council Charter workshop, I mentioned Kathy Baker, who got up and lambasted the PCC for opposing all-day voting. "I haven't missed an election since I was 18," she said, speaking to the unfairness of the Tent process. Kathy had a kick-butt letter to the editor in the Newport Daily News last night, and I'm posting for anyone who missed it (don't get me started on their train-wreck of a web site. I couldn't even find a link...)

I attended the Portsmouth Town Council workshop to discuss modifications to the "Tent Meeting" format. I felt like I had entered the Twilight Zone.

The PCC acknowledges that the budget passed at the tent meeting left the schools with insufficient funds to operate legally. This doesn’t faze them one bit. One PCC woman went to the mike and said repeatedly, "You threw away our votes." PCC members in the workshop audience were nodding their heads in agreement. If the tent meeting voters opted to abolish the school system I sense that they would still be suing the town saying it was the will of the people. Another man said that if people wanted a high quality school system then they should send their kids to private school. Again, the nodding heads.

Larry Fitzmorris, the PCC president, stated that the problem was the size of the requested budget increase not a flaw in the tent meeting format. No mention of the fact that from 2002-2004, when the PCC "set" the budget, the average tax rate increase was 0.66% per year which caused the school’s structural deficit. No mention of the use of Little Compton money to pay Portsmouth’s budget rather than increasing the school budget to educate the additional students. No mention of the fact that Portsmouth has one of the lowest effective tax rates and one of the poorest funded school systems in Rhode Island.

PCC president, Larry Fitzmorris, stated that the town council didn’t like the results of the tent meeting and was now trying to "truncate the tent meeting." During my own turn at the podium, I questioned that reasoning. The proposal being discussed as a modification to the current tent format opens polling places for the day and allows absentee and emergency ballots. How does that "truncate the tent meeting" when it enables more people to vote and makes it easier to vote? I stated that I had been a registered voter since I was 18 and had voted in every single election since but had not been able to attend the tent meeting. I was deprived of my right to vote and was not alone in wanting to amend the format to make it fairer. Having fared so poorly in the last 2 general elections; I think the PCC realizes that the current tent meeting is now the only way to get what they want.

Dealing with the PCC is like dealing with arrogant, irrational children who want what they want no matter what the cost to others. The PCC may have started out as a well-intentioned watch-dog group, but what currently exists is a group of public interest pretenders who campaign only for their own interests. They have fanatical energy to fight their cause. It is a dangerous combination.

That sword will cost you a trombone...

The policy subcommittee of the Portsmouth School Committee met this afternoon to consider a new school yearbook policy. While I guess it wasn't technically an open meeting, I showed up and they didn't kick me out. That said, nothing is obviously final until reviewed and approved by the full School Committee.

Attending were SC members Sylvia Wedge, Marge Levesque, and Doug Wilkie. Others included Superintendent Susan Lusi and PHS Principal Robert Littlefield, as well as the yearbook advisor and student editor. On the table was a proposed policy to deal with the contents of the yearbook. Senior portraits — location of the well-known Patrick Agin sword photo — received special attention, with a policy stating in part:

[A]ll senior portraits shall be of the student only with a traditional indoor or outdoor background. No props, instruments, pets, athletic equipment, hobby items, vehicles, or other items shall be allowed in the photographs. Clothing shall be modest and free of slogans and/or political expressions and such clothing shall be in conformance with the School District's dress code. References to items violative of school rules including but not limited to display of firearms, weapons, drugs, tobacco, alcohol or gambling shall be prohibited. The yearbook staff reserves the right to edit, crop or resize photographs submitted." — Section III A

Marge Levesque voiced concern and probed on the need for a policy that "rules out all props," but the consensus was, given recent history, it was safest to be broad and to include the advertising section of the book as well. "The commissioner recognized that we had legitimate authority to make decisions on content," said Littlefield, "The problem was that it was arbitrary. The quote was, 'You say you have zero tolerance, but you can buy tolerance in the advertising section.'"

Doug Wilkie wanted to know why the younger generation was going to hell [Oops, can I say hell?] in a handbasket. "Whatever happened to a formal picture? Young ladies in appropriate clothing. Young men with ties. To look like a graduate, not something that has nothing to do with graduating. There's too much accentuation on the rights of students. We were told, 'You want to be in the yearbook you wear this.'"

After considerable discussion and review of past yearbooks to judge just how widespread the problems with the policy might be, the yearbook editor concluded, "There's not enough in there that it would make a difference. The current class would rather go with no props than go through this again." Littlefield concurred: "At the expense of saying, 'Sorry about your trombone,' we avoid the need to pick and choose."

I suspect that the version I saw today will be pretty close to what gets reported out of committee. And while I do feel bad for the musicians and the pet lovers, it at least seems like a consistent, even-handed policy. I'll just keep paying my ACLU dues, because by the time Jack's a senior, I fully expect he'll find a way to violate whatever they cook up by then. ("What? They won't allow anti-DRM code to run in our Senior avatars? To the virtual barricades!")

SOS voices support for charter change

The Portsmouth Save Our Schools organization distributed an e-mail this morning urging their members to sign on to the Carcellar's letter to the Town Council supporting the Charter change. From the SOS letter:

On January 24th, the Town Council held a workshop on proposed changes to the charter to replace the current tent meeting process with one involving a special election. This proposal would require petitioners to state on the petition what was being called for in terms of modifications to the town budget. A petition that got 10% of the signatures would be placed on a special election ballot. The special election would allow all citizens to cast their votes, to do so in secret, and to make an informed vote. This charter change will require a special election. To avoid a tent meeting this summer, this election has to happen quickly.

Portsmouth Concerned Citizens, the group that successfully brought the last tent meeting, was present in strength. Their constituency is doing what it can to delay the required special election by proposing charter review committees, adding other issues to the special election, etc. This is no doubt with an eye towards another tent meeting next year. They are very vocal at Town Council meetings, have well organized letter writing campaigns, and their voice does make an impact on the town council...

It is imperative that the people of Portsmouth make themselves heard on this issue. If you can't come to town council meetings, this is best done by mailing letters to the town council members.

The specifics of the proposed change, along with pre-written letters of support, can be found at:

http://members.cox.net/vote

A large number of such letters will have a direct impact on the Town Council's actions.

As Larry Fitzmorris says, "Democracy is made by those who show up." Let's all show up.

"Oh, No! Not My Poo!"

Portsmouth has a history, going back to the early 80s, of successfully dodging the question of what to do with wastewater. In the past eight years, the town has done 3 studies, which reached contradictory conclusions about whether sewers were necessary in the North end of town, or whether upgraded septic systems would work. There has even been skepticism — some was voiced tonight, by responsible people — about whether a problem even existed.

I'll be blunt about this: I'm not a blogger sniping from the sidelines on this one. Our Gormley Ave house, which has been in my family for 3 generations and which I intend to die in, sits in the Island Park zone of which the DEM representative said tonight, "It's pretty clear. For a long-term solution, you're looking at sewers."

Now I hold myself to the same standards as I do others: I will do the right thing, even if that costs me money. And the money being talked about ranges from substantial (2-3k for a sewer hookup) to staggering (25k for a state-of-the-art septic system.) But there's an eerie echo of the school funding dilemma here: the whole town benefits from clean water; should those who, by accident of geography, live in low-lying regions be forced to shoulder the entire cost for keeping all our beaches free from fecal coliform? (In tonight's performance, the role of Brooke will be played by Island Park.)

The Council chewed on the question for 3 hours tonight, hearing from representatives of their wastewater committee (who raised the question of why the Town is responsible for wastewater in the first place, rather than the state), Larry Fitzmorris, who spoke with notable restraint and actually made sensible points about avoiding cost overruns in any bond issue, Mike Schrader, the consultant from Woodward & Curran, who did the most recent study, "All the studies started with pre-digested solutions" (sewer v. septic, rather than starting clean slate), and Angelo Leverto of the DEM.

Leverto was at the podium for some time, and spoke articulately about the need to do something, recommending a robust "facility plan" as a first step. "Wastewater management districts are beautiful in the right location, sewers are beautiful in the right location. What matters is your lot sizes, your soil types, your water table elevation. Engineers like to be conservative. A facility plan should lead to a core conclusion and recommended actions."

In fact, the state is quite willing to help with the facility plan. Jay Manning of the RI Clean Water Finance Agency explained to the council that there are 1% loans of up to 150k to finance this kind of work.

Karen Gleason raised a question about sewering leading to an increase in density. Town Admin Bob Driscoll noted that this was an opportunity to "step back and look at the measure of density that's appropriate," and Schrader suggested that you "control growth by zoning, not by sewer."

Town Planner Bob Gilstein had a handout for the Council on Island Park and its crabbed, gerrymandered lots. Many houses, he noted, actually sit on part of multi-lot parcels. According to figures he quoted, a fully sewered Park could conceivably see a buildout of between 30 and 90 percent, and the council discussed whether it would be possible to change the zoning to, for example, consolidate contiguous lots where a residence occupied only one lot to prevent such expansion.

Bottom line: the final report from Woodward & Curran will arrive in March, and then will begin the process of figuring out next steps, whether through a facility plan or some other framework to help the Council and the town finally engage on this.

New Cory Doctorow!

OverclockedWoot! Worth the price of admission for the brilliant "Anda's Game" and one of my particular favorites, "When Sysadmins Ruled the Earth." Doctorow's stories are mind-expanding gems full of hard-sf eyeball kicks, big ideas, dark political wisdom, and quirky, deeply human characters. If you want to see the future of science fiction, read Doctorow. (How's that for a blurb? Let's see what the googlebots make of that...) Buy it at Amazon.

School Committee gym workshop: The Dog Who Did Not Bark

"Is there any point to which you wish to draw my attention?"
"To the curious incident of the dog in the night-time."
"The dog did nothing in the night-time."
"That was the curious incident," remarked Sherlock Holmes.

      — Arthur Conan Doyle, Silver Blaze

It was a short meeting tonight, as these things go -- the school committee spent a scant three hours grilling architect Louis Turoddo, engineers from Edwards & Kelsey, and representatives of ABC Construction about the heating, septic line, and punch list items on the nearly-final Portsmouth High School gym. At issue were two outstanding invoices, one for about 40k, one for 13. When all was said and done, the committee was satisfied with the answers they heard and paid the smaller one.

The main bone of contention was the heating system, which failed at the first cold snap. One of the ABC guys explained it:

"There was nothing functionally wrong with the physical heating system installation, but the electric motor and pulleys in the units were not correct. This was only determined after trying every thing. When the unit ran for a period of time, the motor would trip off on safety to prevent overheating. What needed to be done, per manufacturer, was that the belts and pulleys needed to be changed. This was built to spec, but we have no idea if they built it wrong. It was only once we had this long running period of time that we found the motors could not handle the load. They gave us part numbers, we changed all belts and pulleys, and the problem has been solved. The system is running quiet, holding at 70 degrees. In my 30 years, i have never once had a problem with that manufacturer. Never had this kind of mistake. Don't know if we'll ever find why it was built that way. But as soon as we changed them, it was immediately dealt with."

There is a separate issue, the cold temperatures in the boys and girls locker rooms. ABC said:

"It has to do with the placement of the room sensor -- room that was chosen has no effect. It was put in a protected area, in a room with an interior wall, the booster's room. The room doesn't have near the loss of the locker room with an uninsulated exterior wall." It was, ABC said, placed where they were directed to put it.

Terri Cortvriend asked about testing and balancing the system, the process of ajusting airflow to optimize delivery. While the contention was that the requirement had been waived in construction, ABC readily admitted they couldn't find a paper trail, and they agreed to perform this adjustment at their expense.

The mechanical engineer from Edwards & Kelsey agreed this was needed to deal with the temperature variations, but stressed that this was not a failure, like the belts and pulleys.

"The unit got delivered as specified. In design, we do a calcuation of the duct flow, and it's never the same as what gets installed. It's construction, that's what happens. You do a testing and balancing. If that had happened at the end of construction, we wouldn't be sitting here. It's very common thing. It's very normal. It's a normal adjustment under testing and balancing."

Some remaining rancor about who should have done the testing and balancing notwithstanding, things were worked out. The setpoint on the main gym will be moved down, and the locker rooms set higher.

I quote this at some length as a way of getting back to the bit about the dog in the night. Larry Fitzmorris was sitting there the entire time, and when the meeting was opened to public comment, and Chair Sylvia Wedge asked him if he wished to speak, he declined.

I found this most curious.

At the last School Committee meeting, PCC, Inc. President Larry Fitzmorris had this to say:

"I have considerable experience in high technology integration systems. These people did two things wrong: they did not check, and they did not integrate once installed. The system has not been integrated, and someone has failed to do their job. Two people are responsible: The architect and ABC for the subcontractor."

As to checking, they did. The belt failure was a latent problem exposed by the extended cold snap. Now perhaps by a generous stretch of imagination, one could construe "integration" to mean testing and balancing, but I don't think that's a common sense use of the word. So there are two possibilities: Everyone at this meeting, from the architect, to the MEs, to the builders, was flat-out lying, or last week, Larry Fitzmorris was talking out his ass.

He had the opportunity to get up tonight and tell everyone off, and he's no shrinking violet. So let's just remember, if he gets up in a meeting from now on to talk about the gym, he had his chance to duke it out on the facts, and he passed without so much as a quiet bark.

School Committee walks thru gym, punchlist in hand

School and Gym CommitteeFor about three hours tonight, members of the Portsmouth School Committee and Gym construction committee performed a hands-on walkthrough of the new gym to review the punchlist before tomorrow's meeting with the architect and contractors. It was technically a School Committee meeting, but no media bothered to show up, no PCC members, not even Larry "I have considerable experience in high technology integration systems" Fitzmorris.

Let me tell you why: Fitzmorris's grandstanding to the contrary, there's nothing there "the school committee needs to answer for." I walked through that building, poked at things with my own two hands, talked with both Jack Callahan and outgoing maintenance director Rick Elmasian, and looked at every punchlist item. Are there things wrong? Yes, clearly.

There are a handful of major issues like fine-tuning the heating system, routing the septic line, frost-heave problems on a couple of the North doors, loading dock insulation, and some safety issues with the bleachers. The rest of the 7-page punchlist is, not to minimize it, mostly cosmetic items, which as Terry Cortvriend asserted, "We paid for it, and we want it fixed."

My experience in project management is purely on the software side, but what I saw tonight looked fairly typical for the state of affairs at a handover to a client. The big issues are things that need to be addressed by the architect or contractors, and that looks like the agenda for the meeting tomorrow. The small things, well, some of them you get, some of them you eat, and some of them you live with. Nothing is ever delivered perfect. In the software world where I work, almost half the projects never even make it out the porthole before the ship goes down, so I am completely in awe of the really beautiful gym we now have in Portsmouth.

The stuff that needs to get fixed, will. If it doesn't, Larry, well, then you can get up on your soapbox.

Support Charter change; write-in campaign underway...

Sal and Chris Carceller have put together a letter of support for the Town Council's proposed revision to the charter to replace the "Tent Meeting" with regular all-day voting. Sal is the citizen who got this all started, their letter makes great sense, and we need to give the Town Council the support they need to move ahead with putting this on the ballot.

Take a minute to download, print, and mail. Do it now. Let's not go through another Tent Meeting. From the Carcellers's site:

ATTENTION PORTSMOUTH RESIDENTS:

Do you want a fair voting process at all times? An informed vote? Anonymous voting? Voting in a booth on a Tuesday? Absentee ballots?

If your answer is YES to these questions, support the proposed charter amendment to change our "tent meeting" process. Click below to view, print and mail a letter to our Town Council in support of the proposed charter change.

Visit their page and download the letter.

Call me Alice...

After discovering that Cory Doctorow was Robert Heinlein and Kathryn Cramer was Greg Benford I just had to find out.

I am:
James Tiptree, Jr. (Alice B. Sheldon)

In the 1970s she was perhaps the most memorable, and one of the most popular, short story writers. Her real life was as fantastic as her fiction.


Which science fiction writer are you?

Swear to ghod I didn't try to game the quiz, but I'm not at all displeased by the result.

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