SME Settlement Agreement
SME Settlement Agreement can be found here.
Posted in Coal Plant, Local & State Government, New, Open Government | 3 Comments »
‘Open Government’ Articles
I’m Tired
Craig Moore asked me below if there was a ‘back story’ to my prickliness on some of the comments. There is. I’m tired.
I’m tired of blogging. Someone could raise the completely fair point that, as little as I actually write any more, it would be hard to imagine that I could be tired of it. I am though. It’s a cyclical thing and right now I’m in a trough.
I’m tired of bad news. My dad died in May. My mom is in the transitional care unit. I’m going to a funeral today for a man that I considered a pretty good friend, who died while I was enjoying a nice day with his son, and whose son was informed of his father’s passing in my presence. A very close friend and associate is recovering from a serious illness, and hers is a daily struggle.
I’m tired of worrying about money. Several years ago I lived on a reasonably comfortable margin. Now that margin is reduced in part by the fact that others felt it necessary to impose themselves on the way I operate my businesses. It’s reduced further by general business conditions, and have already taken a look at what the coming end of the Bush tax cuts and wider net of the Alternative Minimum Tax will do. Let’s just say it isn’t going to help. In order to pay my bills I have to be more productive and work longer hours.
I’m tired of this weird idiopathic cough I have. I didn’t think much of it when I had several coughing fits in the middle of a jury trial a few weeks ago, and my client was sweet enough to bring me cough drops. Then, when I was playing a videotaped deposition from back in February in that trial, and I heard myself have another coughing fit then, I went back to the doctors again. I cough all night, which keeps me awake, which means…I’m tired.
I’m tired of the City’s stupid farce known as ECP. This thing is bleeding money at the rate of thousands of dollars a day, and has cost taxpayers millions. Yet the City Commission takes their time as though we’re making money on the thing. Rate increases? We’re working on that. Evaluate extrication? See us in the fall. Just remember that every morning when you wake up, the City has lost a couple thousand more dollars. And tomorrow. And the day after that. And…
I’m tired of SME. It’s truly disgusting to think about the amount of public money that has been sunk into this enterprise, while so much of its business has been conducted in secret. The secrecy is aggravated by the fact that people who work for the City, people you pay, were ‘in on it.’ Wouldn’t you just love, just once, to ask some of these City officials just what statute or rule allowed them to act as puppet masters, slinking into closed SME meetings, plotting the expenditure of millions of our dollars, all the while refusing to tell you the truth… or anything at all? Oh, and guess what? Some of them still work for you.
Which brings me to Craig’s question. I’m tired of some of you. I’m tired of anonymous smart asses coming to our home, so to speak, and flipping me sh*t.
I’m tired of MarkT insulting us all the time.
I’m tired of people who are so sure that their point of view equates them to the angels that they have no compunction about smearing those they disagree with on a particular point. What, are we becoming the Tribune Forums?
Seriously, we had a local public official, County Commissioner, Joe Briggs, show up here to engage us on a very controversial topic in which he was directly involved. He spent a great deal of time explaining his point of view.
Well, first we get a commenter suggesting that the zoning issue should have been put on the ballot. When asked for legal authority for that proposition, we received a vague and inapplicable reference to a different local vote, and then a suggestion about a public vote in Berkely, California. Oh, that’s helpful. They voted on medical marijuana in California, so let’s slam the County Commission for not letting us vote on a zone change. Gosh, they have a coal plant in San Juan. Guess that means we should have one here, huh?
Another commenter suggests that the Commission should have disregarded what its lawyers told it, and considered SME’s financial viability in considering the zone change. Another one calls Commissioner Briggs “shady” based on supposition and assumption. This one is “pretty sure” of something, but he or she cannot be bothered to actually do some research to support the accusation that s/he so quickly leveled.
Get a grip, folks.
You don’t want the Highwood Generating Station to be built.
I get it. We all get it. But let’s keep our eye on the ball. Maybe before making accusations, you might want to actually read the goddamned law you’re spouting about?
How many people claim that SME’s moving dirt around is illegal? Maybe you would like to look at the County Planning Department’s revocation letter? Maybe you wish to consider that no conformance permit is required for “leveling terrain, …landscaping, …and impervious surface coverage?”
No, it’s much easier to claim that “I do find it a bit shady to say earth moving is ok,” or “NO activity should be permitted,” or that it “[s]ounds to me as though that means a valid permit is need [sic].”
This isn’t the Tribune Forums. I’m tired of baseless, yes, baseless personal attacks based on unthinking bullsh*t spewed from one’s backside. Put up or shut up.
Nah, it’s much easier to sit and call people names based on what “sounds to me” or what “I’m pretty sure” about.
I’ll tell you what. I’ll go off my rant. Assume that you want people to agree with you. Assume that you want to persuade them. If you’re turning me against you when I agree with you, what do you think you’re doing for your cause with the rest of the people who aren’t paying all that much attention?
Think about that.
So, to end on a positive note, I’m going to a funeral today. On the other hand, tomorrow’s Friday, it’s supposed to be a nice weekend, and I’m working on a more in depth piece about the Animal Foundation/Shelter issue. Maybe that will wake me up!
UPDATE: Based on the comments below, as well as some personal emails that I have received, I should clarify that the foregoing was not intended as some sort of whiny, ‘wah wah’ type post. I’m fine. Really. Life’s got ups and downs, and I’ve seen a lot of both.
I was hoping to a) explain why my posting is decreased and b) get some of the bitchier people to re-think their bitchiness a little bit. That’s all.
Have a great Thursday.
Posted in Cascade County Government, Coal Plant, Energy & Natural Resources, Environmentalism, Great Falls City Government, Law, Local & State Government, New, Open Government | 65 Comments »
Controversial Opinions
Drudge is leading this morning with the headline that the TSA is blocking government computers’ access to websites with “controversial opinion.”
It reminds me that I was told recently that State of Montana computers prevent access to this site without a password, although I am told that access to Left in the West is freely allowed.
Posted in Freedom, New, Open Government | 36 Comments »
Sophistry
Eulogistic comments (“excellent job”) aside, I think it is interesting that City Fiscal Services Director and former head of Electric City Power, Coleen Balzarini, can’t quite be straight with the citizens even during her exit:
Rates need to be raised to mitigate the losses, she said. The city is in the process of speaking with its 38 customers about rate increases, she said.
The city actually has made a $58,000 profit in selling electricity for the year. It collected $8,134,000 million in revenue and paid supplier Southern Montana Electric Generation and Transmission Cooperation $8,076,000.
“Our problem is we have other expenses besides energy supply,” she said.
No, the city actually didn’t make a profit. One cannot simply choose to exclude business expenses and claim a profit. That’s sophistry.
Fake profits, too, cannot fund ordinary City expenses:
Rezentes linked the losses at ECP to the city’s troubles funding more downtown cops and keeping recreational facilities open but Balzarini denied the charge, saying, “I know that’s what Mr. Rezentes wants to believe.”
No, it’s what we all want to believe. The City’s budget is a zero-sum game. Despite all of the ‘fancy accounting’ we have seen over the years, a dollar cannot be in two accounts at the same time. A million bucks lost here cannot be spent there.
Now, though, Ms. Balzarini purports to ‘get it,’ echoing many of the same comments and criticisms made elsewhere:
The city decided to begin selling power in 2003, after NorthWestern Energy canceled existing power contracts. At the time, it was a good idea, Balzarini said. But developments that came afterward hurt the city, she said.
One change came in 2007 when the Montana Legislature froze the city’s current customer base, preventing the city from signing up new customers, she said.
The city also lost a portion of its investment in coal-fired power plant that SME had once proposed to construct outside of Great Falls. That project fell apart when SME lost its financing through the federal government.
Today, Balzarini said, a “great deal of opposition” exists toward ECP.
“And the City Commission has to take that into consideration,” she said.
In fairness to Ms. Balzarini, it was the City Commission and former City Manager, John Lawton, who cooked up the absolutely brilliant plan to create a bazillion dollar public utility and staff it with someone who had another full-time job. Claiming she spent just 16 hours a week on ECP business, Coleen Balzarini provided a perfect explanation of just why this enterprise has been such a boondoggle.
“I know, we’ll start a public utility. And for the head of it, we’ll choose a part-time person, preferably one with another job.”
“Great idea! How about a volunteer board to go with it?”
“Only if board members don’t have any experience in the power business…”
“Deal!”
Once in the director’s position, though, Ms. Balzarini’s loyalties should have rested with the citizens, not Tim Gregori and the SME board. She’s a sharp enough individual to have seen the problems inherent in the situation and, rather than holding on by her fingernails to defend a losing proposition, she should have been touting the City’s escape from the utility’s chains.
So, I am not going to eulogize her and talk about how ’she’s done a great job’ or ‘it wasn’t her fault.’ She is a very nice person, and I think she is a pretty smart one. If I thought she was too stupid to understand what was going on, I’d probably give her a pass. She’s not stupid, though, and the fact is that she was and is a major proponent of an activity that has cost the City millions of dollars. No more, no less.
Posted in Coal Plant, Energy & Natural Resources, Great Falls City Government, Local & State Government, New, Open Government | 7 Comments »
It’s a conspiracy, I tells ya…!
1. There is always the part of the story that you can’t see in these gotcha style videos — what were these folks doing, how did they approach him, how were the cameraman and/or others off camera acting?
2. Why would any legitimate student doing a project or a journalist shagging a story not identify themselves. Motives matter — what was the motivation here? To incite this very type of reaction?
3. This is clearly the work of the Republican Party and the “interviewer” is clearly a low level staffer or intern. That’s what explains blurring the face of the “interviewer” and refusing to identify the entity this was done for. The Republicans know if they were caught engaging in this type of gotcha tactic it would undermine their own credibility — yet if it was an individual acting on his own there is no reason that person would have blurred themselves out of the video — and if it was the work of a right wing blog they would have their logo on the video and be shouting their involvement from the roof top.
4. This was a purposefully partisan hit job designed to incite a reaction for political reasons — but it is a tactic so low — the parties involved are remaining anonymous.
5. The fact that no one wants to take credit for this should raise real questions in the minds of voters and the press.
6. Push hard w/ blogs the lack of credibility inherent to anything Breitbart does/posts, given its role in the debunked ACORN videos.
Best Comment from Politico: “The next Dem talking point: ‘Did you see the outfit that college kid was wearing? He was asking to be assaulted!’”
Posted in Congress, National Politics, New, Open Government | 11 Comments »
News Flash
Coleen Balzarini has just announced her resignation as Executive Director of Electric City Power.
Apparently she said she needs to spend more time in Fiscal Services. Considering the City’s apparent difficulty in funding basic services, I would tend to agree with her.
Posted in Coal Plant, Energy & Natural Resources, Great Falls City Government, Local & State Government, New, Open Government | 10 Comments »
It’s getting ugly out there.
Boy, the Democrats are feeling the heat…
Ooops, I guess they’re dishing it out!
Posted in National Politics, New, Open Government | 34 Comments »
More Fun!-Updated
I got another email related to the allegedly fake Tim Gregori (or is it Tim Gregory?) comments:
Dear Gregg:
Responding first to your email, Gregg, at about 3:04 p.m. Thursday, June 3:
Mr. Gregori contacted you via email as the host (and party responsible for) a web blog on which there were included two comments, allegedly made on May 27 at 6:13 a.m. and on May 27 at 11:44 a.m. by someone calling him (or her) self “Tim Gregori.”
The actual Tim Gregori advised you via email that such comments were not posted by him, and requested that you provide the return email address of the person who posted such comments.
Your 3:04 p.m. email, copied to me, completely evaded response to such request for the commenter’s return email address; and for some reason included Mr. Kavulla.
Please provide such return email address to me, as counsel for Southern Montana Electric. To avoid potential attorney-client privilege issues down the road, we would prefer that you not communicate directly with Mr. Gregori regarding matters concerning Southern Montana Electric, the Highwood Generating Station, or Electric City Power.
With regard to the email I received about 3:46 p.m. from Mr. Kavulla, I am somewhat interested in knowing (a) why you copied him with Mr. Gregori’s email and your email in response to Mr. Gregori’s and (b) whether he had anything to do with the comments posted May 27 on your blog under Mr. Gregori’s name, but without Mr. Gregori’s knowledge or consent. Please advise.
And with regard to Mr. Kavulla’s email, while we are aware that he is campaigning for public office, does he currently hold a position of responsibility or authority with the City of Great Falls and/or Electric City Power ? Please advise, as Southern is currently engaged in communications with other previously identified City representatives regarding power supply and other matters addressed in Mr. Kavulla’s email, and we seek to avoid miscommunications and/or misunderstandings on such important matters.
Mr. Kavulla should address questions or issues regarding the City’s contracts with Southern to the City, and to the extent he is dissatisfied with information provided by ECP or the City, Mr. Kavulla should henceforth address questions or issues with regard to Southern Montana’s ongoing contracts, records, meetings and the like to the undersigned or Mary Jaraczeski as Southern Montana’s counsel.
Sincerely,
Jon Doak
These people are so bossy. I’m really not sure why they think they can just demand this and request that and “please advise” me and be all like undersigned up in my face.
How do I know who is the real Tim Gregory and who is the fake Tim Gregori? How do I know that the real Tim Gregori didn’t post the original comments? Just because someone sends me an email claiming to be the real Tim Gregory and says that he didn’t post the other comments? It’s all just so darn confusing.
By the way, he sure is a presumptous guy, isn’t he? How does he know who owns the site and who is “responsible” for what. Don’t you love lawyers…trying to slip in all these sort of innuendos and little veiled threats.
I wonder how it will all work out for them.
Update: If you would like to see Mr. Doak, he comes in behind Tim Gregori at about 5:37 of this video.
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 5 Comments »
Blogging is Fun Again
In what can only be described as wonderful timing given my post this morning about attacks on bloggers, I received the following email today from Tim Gregori (yes, the real Tim Gregori) of SME fame:
From: Tim Gregori <gregori@mcn.net>
Subject: Posts on your Blog
To: fallsblog@yahoo.com
Cc: “‘Jon Doak’” <doaklaw@wtp.net>, mkj@uazh.com
Date: Thursday, June 3, 2010, 2:01 PM
Mr. Smith:
It has been brought to my attention that you are posting comments on your blog and using my name as the author. Consistent with yours and Mr. Kavulla’s positions on the right of the public to have access to information – please furnish me with a listing of the original posting complete with the return email addresses for the “posts” attributed to me on your blog entitled “SME Complaint” dated 26 May 2010 . Based on the information on your website you require the email address of anyone wishing to post a comment as condition of posting that comment. Surely, to maintain the integrity of your efforts you make certain comments are not fabricated to prove a particular point. As the late Senator Daniel Patrick Moynihan would say in response to those who would use falsehoods to support a position – “Everyone is entitled to his own opinion, but not to his own facts”.
Please mail a printed copy of the original postings complete with the return email address to the following address:
Tim Gregori
Southern Montana Electric Generation and Transmission Cooperative
3521 Gabel Road
Billings, Montana 59102
Thanks,
Tim Gregori
I responded as follows:
Dear Jon and Mary:
I received the enclosed from Mr. Gregori. Even though Mr. Gregori has not contacted me in my professional capacity, since I am an attorney I will exercise an abundance of caution and communicate with you in order to avoid the appearance that I might be violating Rule 4.2, Montana Rules of Professional Conduct. If you both would prefer that I communicate directly with Mr. Gregori, please advise in writing and I will do so from that point forward. I trust you will pass my response along to him as you believe necessary.
Contrary to Mr. Gregori’s assertions, I have never posted a comment on my blog that I have attributed to Mr. Gregori. I disagree with his suggestion that records, electronic or otherwise, related to my weblog are public record.
Thank you.
Gregg Smith
Travis Kavulla, being ever so much more articulate than I, offered this:
Dear All:
Let me tell you how appreciative I am of Mr Gregori’s capacity for irony, of which this is the finest example to pass through my email inbox of late.
Mr Gregori surely must understand the difference between his G&T co-op and Mr Smith’s rather less lavishly financed weblog. In the first case, you have a co-op which receives not only federal subsidies and tax breaks, but also revenue from the City of Great Falls. I hope that Mr Gregori is aware, in light of Jim Santoro’s opinion on the matter, that our argument for Southern’s greater openness has always been premised on the fact that Southern receives public funds and is therefore subject to additional provisions of Montana’s open-meeting law. Electric City Weblog is not subject to these same provisions.
In any case — and I am unwisely proffering a deal without Mr Smith’s approval here — if Mr Gregori would like to do a kind of ‘information trade,’ I am sure ECW would gladly hand over whatever information it has about mysterious commenters would that Mr Gregori reciprocate with, say, some of the information supporting his most recent projected supply-cost estimate of ~$63 per MWh or perhaps his organization’s contract with PPL which Mr Gregori has indicated would result in “stranded costs” to taxpayers in Great Falls were they to withdraw before 2019. These documents are clearly within the vale of the public interest, and yet we have never seen them.
Anyways, as long as Mr Gregori is quoting the most cliched phrases which Bartleby’s has to offer, let me return him one, this by Emerson: “A foolish consistency is the hobgoblin of little minds”
yours,
Travis Kavulla
I think Travis is on to something. If SME will hand over the PPL contract (and let Aart Dolman into the meeting while you’re at it!), I will give him whatever information I have about the faux-Tim Gregori commenter.
Posted in Coal Plant, Energy & Natural Resources, Great Falls City Government, Local & State Government, New, Open Government | 23 Comments »
Introducing America Speaking Out
Montanans have been speaking out in record numbers about what’s been happening in Washington, D.C.
And I’ve been listening. Between 44 Public Listening Sessions (where I invited hundreds of thousands of Montanans and took questions from all comers), and my active participation in social websites like Facebook and Twitter, I’ve been taking those comments back to Congress with me.
On everything from expensive bailouts of banks, car companies and even government backed Fannie Mae and Freddie Mac, to a “so-called” stimulus plan that hasn’t worked, to a $2.5 trillion government takeover of health care, I have listened first, and voted second.
Unfortunately, too many in Congress chose to hide from the American public. They crafted their legislation in secret, even denying the access to C-SPAN that they had promised. After hearing from Montanans last August, I urged my colleagues to give us 30 days to hear what the public had to say about health care before the final vote.
But my request was ignored.
The agenda being forced on us is not the product of public deliberation. It was crafted behind closed doors, and informed only by powerful special interests groups based in places like San Francisco, New York and, of course, Washington, D.C.
This is why I am excited about the new House Republican Initiative America Speaking Out. For the first time, anyone with an internet connection has a direct pipeline to the policy makers in Washington, D.C.
Here’s what the Washington Post has to say:
Called “America Speaking Out,” the site borrows from the approaches of popular Web sites such as Wikipedia and Amazon.com. Starting this week, people will be able to go to http://www.americaspeakingout.com, submit ideas, rate those of others, and post their comments on Facebook and Twitter through the site.
Like my House Republican colleagues, I believe that a path forward shouldn’t start in Washington, D.C.; it should start with the people we’re supposed to represent. America Speaking Out is about listening to Americans first, and then turning that input into policy.
We are committed to our principles of smaller, more transparent government. We have been fighting for these ideals by providing better alternatives to the dangerous policies Speaker Pelosi has been providing (for example: stimulus, health care, cap and tax).
I hope that the readers of this blog will join me in participating in this groundbreaking effort. Create and account and offer your own ideas. Weigh in on others’ ideas. Share your thoughts with your family and friends.
This is our chance to get our government working for us again. Thanks for reading!
Posted in Congress, Conservatism, Montana, New, Open Government, Policy | 63 Comments »
What is Fair
In this letter, former City Manager, John Lawton, outlines what he believes would be fair treatment of the City in its ongoing relationship.
How much of this has occurred?
Also, this letter confirms what many of us thought all along about who was really running the City of Great Falls: “I intend to establish an official City position on all of this before I leave in the next couple of months.”
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 11 Comments »
Power Contracts
Travis pointed out that the ECP board (City Commission) is apparently contemplating sending Coleen Balzarini forth into the world to negotiate new power contracts with ECP’s customers, presumably to increase their rates. He suggested that the contracts might contain a ‘cap’ mechanism whereby the customer and/or ECP might be able to opt out in the event the prices exceed a certain level. MarkJ appropriately pointed out that the devil is in the details.
I would remind readers that the last time Ms. Balzarini was out trying to get customer contracts signed, the City maintained the position that, until those contracts were fully-executed (read: enforceable) they were confidential and not subject to the review by the public. Others might recall, too, when our then-City Manager knew that SME wouldn’t get cheap, government financing, but didn’t say anything to the public as the City signed a 40 year, cost-based contract.
The point is this. For whatever reason, Ms. Balzarini has decided that ECP must go on. She is an advocate for ECP on every level. If the City Commission elects to send her out on a confidential mission to negotiate and sign new contracts, do not be surprised of such contracts lean more toward protecting SME and ensuring the continuation of ECP than they do toward protecting the City or providing an exit point from the power business.
Posted in Coal Plant, Energy & Natural Resources, Great Falls City Government, Local & State Government, New, Open Government | 4 Comments »
No Repayment Terms?
Just remember, the “taxpayers will not be on the hook” for the water credit (Does Electric City Power even offer fire protection services?):
Posted in Coal Plant, Local & State Government, New, Open Government | 9 Comments »
Noonan on Travel Plans and Health Care
Peggy Noonan:
Excuse me, but it is embarrassing—really, embarrassing to our country—that the president of the United States has again put off a state visit to Australia and Indonesia because he’s having trouble passing a piece of domestic legislation he’s been promising for a year will be passed next week. What an air of chaos this signals to the world. And to do this to Australia of all countries, a nation that has always had America’s back and been America’s friend.
Posted in Healthcare, National Politics, New, Open Government | 7 Comments »
SECRET BOX REVEALED-UPDATED
Well, most of it anyway. I am having some upload issues, but hope to have it done tonight. Most of it is up.
Click here to go and download the “secret” documents!
If you find anything interesting, let us know or post a reference in the comments.
Thanks to everyone who completed the grueling job of scanning all this stuff in. Thanks, too and of course, to MEIC.
UPDATE
The guys at CCE are way smarter than I am, and already have the files zipped. Get on it!
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 3 Comments »
Material Fact?
The Tribune published a piece today suggesting that the SME board, including former City Manager, John Lawton, knew in February 2007 that federal funding for the then-impending coal plant was in jeopardy. Of course, Mr. Lawton did not disclose this fact to the City Commission until February 2008.
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 5 Comments »
It Sure Looks Funny
Here you can find a Memorandum from the ’secret box’ dated 11/27/07, to the SME Board of Trustees. It seems to indicate that, at that time, SME knew it would not be obtaining funding from the Rural Utility Service.
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 7 Comments »
STAY DENIED!-UPDATED
I’ll post the order later.
Hand over the documents…immediately!
UPDATE:
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 34 Comments »
2-3 Days
Mayor Winters made a seemingly apt point yesterday about the fact that we have waited 3 years for a ruling in the MEIC case, why is it such a hassle to expect that we might have to wait a few more days to see the resolution of SME’s continued claim of privilege respecting the items in the ’secret box.’ What follows is in no sense a criticism of Mayor Winters’ position, as it is a lay opinion, and not necessarily an unreasonable one.
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 15 Comments »
Open Records
As much as I can understand the temptation to pile on Mayor Winters, since he is the only one here talking to us about this issue, it’s really not his role. He is providing whatever leadership he can at the moment; he is really powerless to act individually.
In my opinion, the individual who needs to step up is our City Manager. He seems like a good guy, and seems to be competent, but he’s been here long enough to shake the ‘newbie’ label. The fact is that this is his staff and these issues are occuring on his watch.
When he spoke with citizens yesterday, it was incumbent upon him to provide a reasoned response to their legitimate inquiry. Simply booting the matter to an absent attorney doesn’t help.
Posted in Coal Plant, Great Falls City Government, Local & State Government, New, Open Government | 4 Comments »