Monday, October 1, 2007

Keep "Public" in Public Hearings

Phyllis Hasbrouck and Terry Carpenter discuss comments (some disturbing) made at the end of the Plan Commission meeting on 9/18/07 regarding the public input process.

Phyllis: Mark McNally started in again on what’s becoming a recurrent theme: that the public talks too much, and repeats themselves! He thinks they should be silenced after 150 seconds, no exceptions! Get an egg timer, and just cut them off!

Terry: He mentioned bringing in a gong not an egg timer. How appropriate for the all powerful commission.

Phyllis: Ed Kinney went him one better, and said, “It should be one minute! If they can’t say what they need to in one minute…” My notes fade out there: was it because he faded out, or he couldn’t express himself in one minute?

Terry: If Ed is serious, it would appear that he has no appreciation for the level of involvement and amount of research that some of the public bring to these meetings. I daresay that few topics can be covered in one minute or less.

Phyllis: Jim Anderson was absent, but at the Sept. 4 meeting, he complained about how much the public repeats themselves. If they start repeating, he said, they should be cut off! Next time, he said, let’s only let them talk about changes to the plan. If they say anything else, cut them off!

Terry: As the Plan Commissioners know all too well, repetition is sometimes needed to make a point when it has not been previously understood. For example, the commissioners have discussed whether or not schools should be considered as one of the guiding parameters to determine the Urban Growth Boundary. The Mayor repeats that “schools are huge.” Others follow along those lines. The Commission is divided on the subject. Thus, we end up hearing the very same discussion on many occasions. Does that mean that they didn’t need discuss the issue again on 9/18? Evidently not, because it was brought up for the umpteenth time and voted down for the umpteenth time through this decision to move the land use plan forward rather than waiting for a meeting with the superintendent of the Oregon School District as suggested by Mark McNally. (More details about this and the rest of the 9/18 Plan Commission meeting from an earlier blog are here.)

I was disappointed to hear one of the Commissioners say that he knew what some people were going to say before they opened their mouth. In some circles, this is known as “already, always listening” as in "I'm already listening for what you always say instead of for what you are saying." This leads nowhere. Perhaps this Commissioner (or others) could consider listening for something new in each comment and create the possibility of learning something. For example, why is this person upset or what facts are not being communicated to the public?

It makes no sense to limit public comments to only changes to the Neighborhood Plan. What if the earlier comments were not heard and not incorporated into the plan? Should we have just give up explaining that water is a finite resource because it was ignored the first few times it was mentioned and it doesn’t specifically address a change the plan? I don’t think so.

And how the heck would they implement these restrictions on civic participation? Who would keep track of what each person said before? Who would keep track of the list of changes that could be addressed?

Phyllis: The Mayor said that he does remind people to finish up, but Mark McNally told him “you’re too nice! You need to cut them off!”

Terry: This is one time that I partially agree with the Mayor. People should be allowed to speak. The city should be open to input from the public and I appreciate the Mayor’s interest in allowing it. But, clear standards need to be defined and implemented to make it fair for everyone. I’m as guilty as the next person of talking more than 3 minutes. But, when people are timed and interrupted (like me) and others are not (even when they talk for over 7 minutes), it is inconsistent and unfair.

Phyllis: Of course, under their new plan for limiting comments, all of these comments by commissioners and many more made at the same meeting, would have been inadmissible, because they were either repeating themselves, speaking off topic, or taking more than 1, 2 or even 3 minutes. Oh, I forgot, those rules are just for the public!

Terry and Phyllis: Dear Commissioners, we know that it can be tedious listening to the public. We know, because it can be tedious for us to listen to you at times. We are all human, and may repeat ourselves or even ramble on. But listening to people we’d rather silence is one of the prices of democracy. Because once you start getting into the business of setting criteria for who is allowed to speak (e.g. no repetition, only speak to changes in the plan) you have to consider, “how would I – or how will I like it when this is done to me?” It’s a slippery slope, and we never know when we might be in the party or faction that is out of power. And that’s why we all need to protect the rights of the public to fully participate. Remember, you might become a member of the public at some time in the future.

However, we also realize that the Commission is busy and your time is limited. Although some seem to suggest that (almost?) all comments from the public could and should be made through phone calls and email, this is not a good way to keep the public involved in the planning process. This might benefit those commissioners who faithfully answer the phone, return messages and read all their email. But, not only does this potentially limit information sharing with some commissioners who are less diligent but it also omits the entire public. Public meetings and especially public hearings, should benefit the public as well as the commissioners. We are there to hear each other’s concerns and that doesn’t happen when most things takes place behind closed doors or (email) windows. The public wants to learn from other residents. How can we do that if we are silenced or stifled?

The Mayor is right to tread lightly when asking people to finish up. Of course, he could be much more consistent, as we noticed that Phil Sveum spoke for over 7 min. on Sept. 4 without a word from the Mayor, while several WWPC people were reminded after 3 or 4 minutes. But in general the Mayor has managed to let everyone have their say at 3 minutes or a bit longer. Perhaps he is more attuned to just how mad people get when they are told that they cannot speak, because he needs their votes, and the Plan Commissioners don’t. Or maybe he’s just more polite.

The Mayor and others often bemoan the fact that more people don’t attend meetings and show they care. Wouldn’t it be smart to reward those who do care by listening to them for a whole 3 to 5 minutes or whatever time allotment is set, even if you find it tedious? People come to meetings because they care deeply about the topic at hand. Very often, their lives will be seriously impacted by what you are deciding. Whether you agree with them or not, in a democracy, your duty is to listen to them respectfully. Sounding a gong after 1 minute won’t do it.

Concerned Citizens:

We’ve reviewed a document presented by the planning department staff to the Commissioners listing options to discuss with regard to the public participation process for agenda items, non-agenda items and public hearings. Although many of the ideas are helpful, others are potentially restrictive. One troubling section includes “Fitchburg has been very generous in allowing persons to speak on any agenda item (and even non-agenda items), although that practice could end if the Commission so chose. The meeting has to be open to the public… but the only right to speak is when a public hearing is noticed.”

We recommend that all concerned citizens weigh in with the Plan Commissioners on this important topic (public participation) before the next Plan Commission meeting on 10/2 at 7:00 pm.

5 comments:

Fitchblogger said...

I'm posting (with permission) a comment sent via email by Ed Kinney.

I'm sorry that Phyllis' notes "faded out" as I was making my point. What I said was, "if they can't say what they need to in one minute, they should submit their full comments in writing". You can be certain that we read public commentary that is submitted to us. But let me clarify. My intent is that a one minute rule should apply to public comments on agenda items that are not subject to public hearing. I don't think it would be fair to limit people to one minute at an actual public hearing. I know I was not clear on that. Regardless, I doubt very much that there will be a one-minute rule, but as you are aware we will be considering a number of possible rules to get what many of us consider to be abuses of the public commentary process under control.

I understand that you think that when individuals repeat themselves over & over it drives home the point. But really, you are not correct. Rather it irritates people, especially when it drives the meeting past 11:00, at which point we are too tired to give proper consideration to other agenda items.
When one takes the position that "I have 3 minutes and I need to find a way to fill it", even if it means repeating at length what others have already said and reading letters from people not in attendance that could have been submitted in writing, it shows a lack of consideration for the work that the Plan Commission puts into these meetings and the importance of other agenda items.

I respect very much the time and efforts that you and members of your group and many others put into researching issues that affect them. But that respect needs to be mutual. And when some clap and cheer, and repeat themselves just so they can fill their 3 minutes, they show that that respect is not mutual. I was stunned when members of your coalition argued that the NEN needs to be preserved for agriculture, yet clapped and cheered for those who want to develop Stoner Prairie! How hypocritical. Your group lost a lot of respect that night. Please understand that this type of behavior really doesn't help your cause. And it's this type of behavior that has driven the Commission to considering additional rules on public commentary.

Terry, I have really made an effort to understand the issues that you and Phyllis and others have raised. I approached Samuel after a meeting with a request to go on a field trip with him and see the deep spring and big fen. I appreciate his efforts to set this up. Samuel, Cal, Rick (the City environmental engineer) and I spent an afternoon canoeing through this area and up Swan Creek. I helped me to better understand the importance of these resources. I'm very interested in doing what's in the best interest of Lake Waubesa and the surrounding wetlands and tributaries. We may even find that there are ways that Fitchburg and the Town of Dunn can improve these resources. From what I know of Lake Waubesa and its tributaries, there is significant room for improvement.

Regards,
Ed Kinney

Terry Carpenter said...

Ed,

Thank you for looking into the issues we’ve raised. I commend you for that and for taking the time to read and respond to our comments on the blog.

I’m glad that some of your comments did not pertain to public hearings. I hope the Commission differentiates the three types of public input when it discusses them because agenda items, non-agenda items and public hearings are different and might need different rules.

I do respect you and I hope that the Commission will find solutions to their time crunch problems without sacrificing the public’s right to hear each other. I know that you don’t always have control over the agenda and that items end up there when they could be handled in other ways. I’ve listened to 40 minutes of debate about the slope of one roof and I can see that other processes would have provided a much better use of everyone’s time. Maybe there are other techniques (like ongoing Town Hall Meetings) that can be used to handle some of the issues we’ve raised as well.

I’m disappointed that you evidently never heard my explanation of why I applauded the farmers from Stoner Prairie. I was not being hypocritical. I didn’t clap because I support their desire to develop their land. I supported the fact that they took the time to come forward and speak their mind. I care that they are hurt in the ever-changing process of identifying where to grow. I empathize with their situation. And I mentioned all of these things in a subsequent comment to the Planning Commission where I started by saying that two groups were not “strange bedfellows” but “sleeping in different beds.” I’d still like to find a solution that treats farmers fairly – whether it’s TDR or PDR or anything else that will do that.

No, I really don’t think that saying the same thing over and over is effective. I’ve raised two kids so I know better! That’s why I’ve tried to say something different each time. Although themes might reoccur, I strive to provide additional information when I speak. And then there’s the issue of educating a new Commissioner who has never even attended a prior Plan Commission meeting… but that’s another story!

I’m also disappointed that you don’t seem to put any weight on my concern for letting the public hear what each other is submitting during a Public Hearing. Reading letters aloud seems to be the only way to make them public. People take the time to attend and I think they do so to speak and to listen to others. I admit that I wasn’t as effective on 9/4 as I could have been. My preparation time was cut short by needing to attend to other things at the last minute. But, I do think it’s appropriate to read parts of letters aloud so that the public could be informed along with the Commission about the level of support from a variety of professionals.

Another point that hasn’t been discussed is that if we submit something in writing at a certain meeting, you will not read it until after you vote on the issue! And if I submit material a few days ahead of time, how do I know that every Commissioner has read them before arriving for the meeting, especially if a vote will take place?

I believe there are good reasons to say things aloud and even to read things into the public record.

Last, I don’t know a single person who has tried to fill their “3 minutes” at the microphone. But, I don’t discuss what they are saying with them ahead of time, so I don’t know for sure what they are thinking. On the contrary, most people I know would rather go to the dentist than speak in public and some will only submit comments that are probably not read by every Commissioner and certainly not read before the end of the meeting in which decisions might be made.

Respectfully,
Terry

Rich Eggleston said...

Public participation is the essence of democracy, and in Fitchburg that's especially true in the case of paradigm-shifting decisions by the Plan Commission on issues like groundwater and surface water impacts of development.

Yet Plan Commission meetings can become tedious. Been there, done that. Trust me, they can become tedious.

A way of making these meetings less tedious, increase public participation and make for better cable TV would be to better structure the public participation opportunities before the Plan Commission.

Contrast the value of the input by a property owner who says, "I don't like the provision of the proposed 50-year growth horizon because of how it could affect my property," and then drones on for three minutes, with the presentation by Cal DeWitt to the Plan Commission on the potential surface and groundwater impacts of development in northeast Fitchburg.

I saw members of the commission struggling with the issues raised by De Witt the other night.

They would have benefited greatly if they had heard Ken Bradbury, a hydrogeologist with the Wisconsin Geological and Natural History Survey, put some of those issues into perspective at a public forum a couple of weeks ago.

Unfortunately, I didn't see any members of the Plan Commission at that forum, which I covered for the Fitchburg Star.

Of course, City Administrator Tony Roach denied sponsors use of the City Council chambers for the meeting, so Plan Commission members might have assumed it wasn't important to their deliberations.

Since the guys on the Plan Commission (no gals there since Lois Anderson's resignation) seem to hunger for written testimony, they can feel free to clip the story I wrote on Ken Bradbury's talk and include it wherever they file public testimony.

Rich Eggleston

Terry Carpenter said...

Rich,

Correction: Kim Lobdell was the last female on the Plan Commission.

Terry

Rosanne said...

I attended the last Fitchburg Plan Commission meeting, Tuesday, October, 2, 2007, to hear several Commissioners redefine the term, "sprawl."

In fact, under discussion of the proposed NE Neighborhood development, Ed Kinney boldly suggested whether or not Greentech Village is completed first, or not at all, it should not preclude the NEN from being developed.

Excuse me, Mr. Kinney, but if the Plan Commissioners were to review their own plan, they must admit that Greentech Village is slated to come in before anything more north-easterly. How can you and your fellow planners defend the idea that a development in the far nether reaches of Fitchburg, leapfrogging over greenspace and disconnected from any close Urban Service area, is NOT sprawl?

Kinney went on to say that the NE Neighborhood development makes sense because the people working at Greentech will need to live somewhere.

Really? I thought you just said that Greentech may not need to be developed first, or at all? In fact, it makes me wonder about a few other details that you failed to discuss.

Firstly, even if Greentech were eventually developed, why would you assume people would choose to live across the Hwy in the NE Neighborhood when there are hundreds of homes in Madison and Fitchburg that are on the market now, lying vacant due to lack of buyers?

Do you, Mr. Kinney, and others on the Commission, live across the street from your workplace? I know that several council members, including the Mayor, work in other cities (Madison, Stoughton). Why don't our own commissioners choose to live closer to their work? Could it be that other factors, like schools or spousal preference, played into their decision to locate where they did?

Finally, putting a final spin on redefining the term, Mr. Kinney indicated he didn't believe the NE Neighborhood development amounted to "sprawl" at all because of its close proximity to Madison, right on the border - a natural choice for people to live and work.

But his perspective is skewed because it will not be Madisonians who will be paying the extra cost of locating a development far from the center of their fair city.

It will be Fitchburgers. The tax-paying residents of Fitchburg, including the members of the Plan Commission, will be paying for the duplication of urban services because such an extension, far from the center of the city amounts to the old term, SPRAWL.

Can someone ask these Planners how a NE Neighborhood development will not sap more tax dollars than planning development closer to our urban core? Where is the study that says so?

Rosanne