|
|
2008-04-30 New PCC
Newsletter
Hot off the press;
read the first PCC
newsletter of
the year.
2008-04-02 PCC
Bylaws
The
PCC Bylaws as
adopted at the April
1, 2008 membership
meeting.
2008-03-08 Joe
Robicheau's LTE and
the Town Charter
Joe Robicheau's
Letter to the Editor
as it appeared in
the March 8th
edition of The
Newport Daily News
and the
Portsmouth Town
Charter are
presented here in
PDF format for your
consideration.
2008-03-07
Partial Transcript
of the January 28th
Town Council Meeting
This is a
partial
transcript of
the January 28th
town council
meeting. The
meeting was an
action packed event.
Amongst other
interesting
developments, Mr.
Katzman apparently
learned a brand new
word that week, "ludicrous,"
and takes every
opportunity to use
it. Well worth
the read and an eye
opener on some
council members'
distain for the
community they claim
to serve.
2008-03-03
Draft
Bylaws
Here is the
first public draft
of the
PCC Bylaws.
This draft will be
discussed at the
March 4th membership
meeting.
2007-11-07
Special
Election Results
Question 1:
Charter change
approved: 2,026
rejected: 1,694
Question 2: Wind
turbine
approved: 2,237
rejected: 1,492
Question 3: Open
space and recreation
approved: 2,120
rejected: 1,630
2007-10-25 PCC
Newsletter, October
15 2007 Edition
A new edition of
the
PCC Newsletter
is now available.
This edition
includes articles on
the sewer project;
the proposed charter
change; the open
space and windmill
bonds; the request
for an investigation
into unauthorized
spending; and an
article discussing
RI public school
test scores by RISC
President, Harry
Staley.
2007-10-24 PCC
Requests
Investigation
Article (unabridged
version)
This is the
full version of
the PCC Requests
Investigation
article referenced
in the October 15th
edition of the PCC
Newsletter.
The article
includes all
relevant excerpts
from the Town
Charter.
2007-09-10 PCC
Requests
Investigation
In early June
members of the PCC
discovered that the
town's budget totals
for last year
exceeded the totals
passed by the Tent
Meeting and as later
increased by Judge
Indeglia in the
Caruolo case.
This is a very
serious matter as it
appears that a
direct violation of
the authority of the
town's electors
acting in the Tent
Meeting has
occurred.
If the
budget and tax
motions passed by
the town's electors
can be overridden by
the Council, or
members of the town
administration, then
the authority of the
citizens to overrule
the Council's budget
decisions is
meaningless.
This action by the
PCC lies at the
heart of what we are
all about.
If we can't
trust our town
government to abide
by the rules, then
the government no
longer will serve us
all as was intended
when the Charter was
drafted.
It is the
duty of the Council
to investigate such
incidents and we are
asking them to
determine if there
was a violation (we
can't see otherwise)
and who is
responsible.
_________________
Portsmouth
Concerned Citizens
50
Kristen Ct
Portsmouth, Rhode Island
02871
Telephone Number:
683-6127
September 7, 2007
Dear Council
President Canario,
The members of the
PCC would like to
bring to the
Council’s attention
a budget matter
regarding the total
budget expenditures
in the 2006 – 2007
fiscal year.
While there
was no supporting
tax increase, we
believe that there
have been
unauthorized
increases to
department budget
totals and consider
the increases to be
a direct repudiation
of both the
electors’ authority,
exercised at the
Town Meeting, and
very likely the
ordinance and
budgeting authority
of the previous
Council.
In early June,
during our review of
the proposed budget
documents for the
current year, we
noted that the
budget totals for
the 06 – 07 fiscal
year were higher
than what we
expected.
We compared
those budget totals
to combination of
the budget totals
approved at the Town
Meeting in August of
2006 plus the
increases directed
by Judge Indeglia in
the Caruolo case.
The total
expenditures exceed
the authorized
numbers by $634,749;
with excesses of
$384,077 in the
municipal
departments and
$250,672 in the
school department.
A summary of
the 2006 – 2007
budget totals is
included with this
letter as Enclosure
1.
If our understanding
of the situation is
correct, and we
believe that it is,
a number of very
important issues are
involved:
-
The Portsmouth
Town Charter
(Paragraph 208 –
6 and 7)
reserves to the
electors
authority over
the totals of
the school
department,
total of the
municipal
departments and
total town
budget
expenditures, in
years in which a
duly constituted
Town Meeting
occurs.
While
Judge Indeglia
directed
additional
expenditures in
the past fiscal
year as a result
of the Caruolo
case, the
authority of the
Town Meeting,
conducted in
August of 2006,
over the budget
was left
otherwise
intact.
Any
further increase
in the total
expenditures of
either the
school
department or
the municipal
departments
above Town
Meeting
established
levels by the
Council or Town
Administration
is clearly
unauthorized.
-
The Town Charter
clearly
delegates to the
Council the sole
budgeting
authority in
years in which a
Town Meeting is
not held.
In the
2006 – 2007
fiscal year the
Council did not,
following the
budget measures
adopted at the
Town Meeting in
August, pass
formal a budget
ordinance that
authorized the
additional
increase in
total
expenditures.
-
At some time
following the
Town Meeting,
and before the
Caruolo case,
the total budget
authority of the
municipal
departments and
the school
departments were
increased.
We
believe that
this occurred in
September of
2006.
Our
review in the
Town Clerks
Office of all
resolutions and
ordinances
passed by the
Council from
August 2006, to
January of 2007,
failed to locate
any ordinance or
resolution
passed by the
Council.
-
The school
department
budget totals
presented by the
Superintendent
in the Caruolo
case were
in conformance
with the motions
passed at the
Town Meeting.
-
My visit with
the Town
Financial
Director, Mr.
Faucher, in
early June to
seek answers to
the budgetary
discrepancies
resulted in an
extensive and
forthcoming
discussion.
When
asked about the
increase in the
budget
authorization he
produced from
his computer
records a copy
of a Council
ordinance of
September 13,
2006,
authorizing the
increases.
A review
of the video
tape of the
September 13,
2006 meeting,
minutes, agenda
and all
resolutions and
ordinances
passed by the
Council between
August of 2006
and January of
2007 by members
of the PCC
reveal no budget
action by the
Council.
While
this action
would have been
outside either
Council’s
authority, the
PCC found no
indication
whatsoever that
the Council took
any budget
action of this
sort.
A copy of
the September
13, 2006,
Council agenda
and minutes are
included with
this letter as
Enclosure 2 and
3.
Two old
business items
concerned budget
issues were on
the agenda, but
did not result
in a budget
ordinance or any
motion to
increase the 06
– 07 budget
totals.
-
In my
discussions with
Mr. Faucher in
early June 2007,
it was agreed
that he would
approach the
Town
Administrator to
seek a solution
to what I
believed at the
time was an
unauthorized
budget increase
by the Council.
Mr.
Faucher
responded by
telephone two
days later to
the effect that
Mr. Driscoll had
consulted with
the Town
Solicitor, Mr.
Gavin, and that
he was of the
opinion that the
action taken on
the budget was
perfectly legal.
-
In view of the
above, we in the
PCC also believe
that there is a
high
probability,
lacking any
authorizing
resolution; it
is likely that
reporting to the
Office of
Municipal
Affairs and the
Auditor General
has been
inaccurate and
misleading
regarding
authorized
spending totals.
Absent
any reporting to
state agencies,
we believe that
the Town
violated the
state provisions
that prohibit
deficit
spending.
We request that the
members of the
Council conduct an
immediate and
thorough
investigation of
this budget incident
and report in
writing to the
people of the Town
of Portsmouth the
actual expenditures,
original source of
the funds and
identify those
expenditures in
variance with the
Town Charter, State
law and decisions of
Superior Court.
We also
request that the
report identify
those responsible
for this incident.
Respectfully,
Lawrence
Fitzmorris
President,
Portsmouth
Concerned Citizens
Enclosures:
-
Portsmouth
Department
Budget Totals,
FY 06 – 07
-
Council Agenda,
September 13,
2006
-
Council Minutes,
September 13,
2006
-
Transcript of
Old Business
Items 5 and 6 of
September 13,
2006 Council
Meeting
|
Enclosure 1
|
|
PORTSMOUTH
Department
Budget
Totals
2006 - 2007
|
|
|
|
|
|
|
Municipal
Departments
Budget
Current
Budget Data
June 20,
2007
|
|
|
Total
Town Budget in
Administrator's
budget
documents of
June 20,
2007
|
$50,644,728
|
|
|
|
|
|
|
|
|
School
Budget
subtracted*
|
$32,178,738
|
|
|
|
|
|
|
|
|
Municipal
Departments
Total
|
$18,465,990
|
|
|
|
|
|
|
|
|
Budget Total
Approved by
Town Meeting
|
$18,005,913
|
|
|
|
|
|
|
|
|
Court
Authorized
Increase for
legal fees
|
$76,000
|
|
|
|
|
|
|
|
|
Total
Authorized
Town Budget
2006 - 2007
|
$18,081,913
|
|
|
|
|
|
|
|
|
Excess
|
$384,077
|
|
|
|
|
|
|
|
|
|
|
|
|
|
School
Department
Budget
Current
Budget Data
June 20,
2007
|
|
|
|
$31,359,015
|
|
|
|
|
|
|
|
|
Court
Directed
Increase
|
$544,051
|
|
|
|
|
|
|
|
|
Court
Adjustment
on Warrants
|
$25,000
|
|
|
|
|
|
|
|
|
Total
Authorized
School
Department
Budget
|
$31,928,066
|
|
|
|
|
|
|
|
|
Total
School Budget for 2006 -
2007
Administrator's
budget
documents of
June 20,
2007
|
$32,178,738
|
|
|
|
|
|
|
|
|
Excess
|
$250,672
|
|
|
|
|
|
|
|
|
* Subtracted
to obtain
municipal
departments
total
|
|
Prepared by:
PCC
|
|
_____________
2007-08-16 The PCC
Newsletter
The latest
PCC Newsletter
is now available.
The August edition
reports on; the
Portsmouth Budget,
the State budget
crisis, PCC opinion
survey results, and
more.
2007-07-26 PCC press
release
This is the
press release sent
to local media
recently in response
to the DEM's blatant
attempt to cut the
Portsmouth Town
Council, other town
boards and, most
importantly, the
citizens of
Portsmouth out of
the sewer project
decision making
process.
Portsmouth
Concerned
Citizens
50
Kristen Ct
Portsmouth, Rhode Island
02871
Telephone
Number: 683-6127
PRESS RELEASE
July 24, 2007
The Portsmouth
Concerned
Citizens has
serious concerns
with what has
been described
as a
"Stakeholders
Meeting” between
various groups
this Thursday in Middletown in order to assess tying into a
future
Portsmouth Sewer
System.
This meeting,
sponsored by the
RI Department of
Environmental
Management and
the RI Economic
Development
Corporation, is
being conducted
without a firm Portsmouth sewer design and it is in the wrong
town.
It is our
belief that
discussions
surrounding the
placement of a
Wastewater
Treatment Plant,
the offshore
pumping of
treated
wastewater into
the area’s
recreational
waters and the
associated costs
of the various
design
approaches are
topics that
should be
conducted in a
public Forum in Portsmouth by the Portsmouth Town Council.
It is the
citizens of Portsmouth who will pay the enormous costs associated with
this proposal
and we expect
that the
principal design
decisions should
be decided in Portsmouth.
In addition,
there are
questions
surrounding the
polling of
developers
interested in
tying into such
a system.
It is becoming
more and more
apparent that
there is an
ongoing drumbeat
being
orchestrated to
over-dramatize
the need for
public sewers in
order
to accommodate
the future needs
of developers.
Our Town's
Comprehensive
Plan describes
our character as
semi-rural, but
it appears that
there are those
in Town
Government -
motivated by the
big taxes that
developers pour
into the town’s
coffers - who
are overly
sympathetic to
these
developers.
Their
concerns are
resulting in a
demand to water
down the
protection of
that character
by the Town
Council.
We absolutely
agree that there
areas in Town
which should be
monitored and
corrected where
needed, but town
sewers are not a
magic bullet and
without more
definitive
information, may
not correct
existing
problems.
We have
only to look to
the South to see
that sewers
could not
compensate for
the problems
that
over-development
can bring.
These issues
should be aired
in an atmosphere
of total concern
for real
stakeholders of Portsmouth; its citizens.
Larry Fitzmorris
President,
Portsmouth
Concerned
Citizens
2007-06-17
Little Compton says
'no' to a 12%
increase
Portsmouth School
Department recently
sent Little Compton
a letter seeking
additional money
($100K). On May 9,
2007 the Little
Compton School
Committee conducted
an executive session
with the school
attorney at its
meeting to determine
what action will be
taken regarding the
Portsmouth demand.
At the direction
of the Little
Compton School
Committee, a
letter was sent
by Little Compton's
superintendent, Dr.
Harold Devine, to
Superintendent Susan
Lusi of Portsmouth.
The bottom line, the
Little
Compton School
Committee, will not
pay more than the
previously agreed 3%
annual increase.
2007-05-15 The PCC
Newsletter
The latest
PCC Newsletter
is now available.
This edition
features discussions
on such topics as;
the Caruolo Trial;
the charter
amendment; next
year's school
budget; the Open
Meetings Act
violation committed
by the School
Committee; the
Administrator's
Contract, currently
being negotiated;
and more.
2007-05-03 School
Committee Open
Meetings Act
Violation
Here are the
AG's findings
regarding a
complaint filed last
fall by Kathy Melvin
against the School
Committee. The
AG found that the
School Committee
violated the Open
Meetings Act, when,
at a meeting on
2007-08-26, the
School Committee
failed to disclose
the nature of the
vote taken in
executive session.
The School Committee
had voted to pay B&E
an additional
$40,000 as part of
their planned
Caruolo Action.
It
is suspected, as the
School Committee has
become even more
secretive, that
other violations
have occurred.
The PCC would like
to thank and commend
Kathy Melvin for
exercising due
diligence in
exposing the School
Committee's
secretive nature and
its contempt for the
people's right to
know what their
government is doing.
In this case,
conspiring to sue
the people they
purport to
represent.
2007-05-03 A letter to
Mr. Liberti from Mr.
Matais
Mr. Matais,
former member the
Portsmouth
Wastewater Advisory
Committee, sent
this letter to
Mr. Liberti, Chief
of
RIDEM Surface Water
Protection unit.
Mr. Matais rebuts a
letter Mr. Liberti
recently sent to the
town, and further
rebukes Mr.
Liberti's blatant
attempt to intimidate
our town and elected
officials into
accepting sewers on
his terms.
2007-04-27 RIPEC Report
on the Governor's FY
2007 budget
Comments on Your
Government This
recently released
report discusses the
Governor's
FY 2008 budget
request. The
report is authored
by the Rhode Island
Public Expenditure
Council (RIPEC).
|