All posts by Jack McCullough

Montpelier needs clean drinking water

The Agency of Natural Resources will be holding a public hearing this evening at 6:00 to consider recreational use of Berlin Pond, the source of Montpelier's drinking water.  The hearing will be at the Berlin Elementary School, and is likely to be heavily attended by people on both sides of the controversy.
 
Recent Montpelier City Council candidate Page Guertin provides this commentary, with background and reasons why the state should not allow the proposed recreational use of this vital natural resource: 
 
Berlin Pond has been Montpelier's tap water supply source for 130 years, and during that time it has been protected from human use and therefore a relatively pure water supply.  Now through a combination of governmental action (or inaction) and a Vermont Supreme Court ruling, that history has been turned on its head, and Montpelier's water supply is seriously threatened by human recreation on the pond.  Montpelier owns most of the land around the pond, but not all of it, and a disputed area is being surveyed for the possibility of installing a gravel launch ramp for boats on that location, to be built by the Department of Fish and Wildlife.
Governor Shumlin and Secretary of the Agency of Natural Resources Deb Markowitz believe that opening the pond to recreation is a great victory for sportsmen's rights under Vermont's public trust doctrine.  But what about the citizens of Montpelier and the thousands of people who work there daily? What about the Central Vermont Medical Center?  What about the residents and businesses in Berlin that use the same water source?  What about their rights – or rather their absolute requirement – for clean water?  Whose rights are more important?  Which use is more applicable under the public trust?
It was very clear in the Supreme Court decision of 2012 that the court recognized the significance of Berlin Pond as the water source for Montpelier.  It was also clear that the court handed ANR two options for protecting that source: limit the use of Berlin Pond while still remaining within the bounds of the public trust – a public water supply easily falls within that definition – or delegate authority over the pond to Montpelier.  Either of these actions would be a reasonable and responsible position for ANR to take.  Keeping the pond open to boating, fishing and swimming is simply irresponsible in these times of declining clean water sources, increasing pollutants, multiplying invasives and greater understanding of the hazards of pathogens and petrochemical contamination.
Fresh water supplies worldwide are dwindling due to overuse, industrial pollution, population increase and climate change.  Here in Vermont we are fortunate to have abundant fresh water, but we cannot afford to abuse it or take its quality for granted.  Vermont's water quality policy (VSA 10, §1250) begins with “(1) protect and enhance the quality, character and usefulness of its surface waters and to assure the public health; (2) maintain the purity of drinking water….”  It goes on to state, “It is further the policy of the state to seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.”  Allowing recreation on Berlin Pond flies in the face of that policy.  Additionally, the water rules which say boating, fishing and swimming are compatible with drinking water supplies are frankly out of date given our current level of knowledge about pathogens, invasives, the hazards of petroleum in our water, and the rising expense of purification.  The original 1926 Board of Health rule protecting the pond was written to prohibit “activities judged to potentially pollute a source of water,”  according to the Supreme Court opinion.  ANR chose not to adopt that rule when authority over the waters transferred from the Department of Health.  The rules can be changed, however, and ANR is in a position to do that.  Massachusetts, for example, has an exception to its public trust doctrine which protects drinking water supplies.  We would be wise to do that in Vermont.
According to the designer of Montpelier's water treatment plant, that system is not capable of detecting or removing petroleum products, nor can it handle greatly increased turbidity.  Invasive species like zebra mussels or Eurasian milfoil, unwittingly carried into the water on the bottom of boats or on waders, could clog the water intake or the filtration system, requiring expensive maintenance.  People walking along the silty shores to fish or launch boats stir up the soft bottom, muddying the water and causing turbidity, and swimmers – just by being in the water – increase the fecal coliforms and other pathogens present.  Both turbidity and pathogens increase the demand for chlorine used to treat the water.  Chlorine is a known carcinogen, despite its worldwide use for water purification – do we really want to increase the amount of it required to remove pathogens in our water?  What happens if the treatment plant cannot keep up with the degradation of the water coming into it?  Who pays for the upgrades that may be required?  We pay: the users of the system, not the boaters or fishermen.
Prevention is always more effective and less expensive than remediation.

Inspiring times, inspiring language

Another day, another marriage equality decision.

A week or two ago I was out with some other white hat lobbyists at an event we call Beer Friday, where we decompress and share stories about our experiences under the Dome, fighting for people nobody much wants to fight for. Someone commented that they couldn't really think of anything good happening on the national political scene these days, and the first thing I could think of was how fast marriage equality and the recognition of rights for all people have advanced.

This week's decision in the Pennsylvania marriage case, even though it's already the third such decision this week, is an inspiring example. This is a decision by a federal judge appointed by George W. Bush and strongly supported by Rick Santorum, and yet, like a growing number of Republicans across the country this judge understands what's at stake and what these cases mean.

Just think about how he phrased it. It sticks with you:

 “We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.”

 Oh yes, and the other good news: the Republican governor of Pennsylvania, who defended this case when the Democratic attorney general wouldn't, has announced that the state will not appeal the decision.

Slow news day at the Free Press

I read once that if the headline of a news story ends in a question mark, the answer is always “No”.

 Really, Free Press?  

Is Emily Peyton the new face of Vermont's GOP?

Let me just assure you, that even without reading their front-page story, the answer is “No”. 

But let me ask a question of my own: Does the Free Press really have so much extra page space they can afford to waste so much of it on a story like this? 

Cliven Bundy channels Charles Barkley

We haven't been talking much about Cliven Bundy around here (I may have another post this weekend), but you all know the basic story, right? Right-wing cattle rancher who wanted to start another shooting range war over not wanting to pay to graze his cattle on land that you and I own? That's the guy.

Ol' Cliven was living a charmed life, the darling of the extreme right for standing up to the jackbooted thugs in the Bureau of Land Management. 

Things took a fairly negative turn for Cliven yesterday when he decided to share some of his insights with us. His topic, in his own words: “I want to tell you one more thing I know about the Negro.” 

It turns out that most of what he knows about “the Negro” is that the Negro is a parasite who would probably be better off still being a slave, and the Negro would do better if someone taught him how to pick cotton.

Oh, don't worry, you bet there's video.

 Believe it or not he's even lost the support of Sean Hannity.

Naturally, he's not happy with this situation. The way ol' Cliven sees it, he's a victim of the left-wing media, who are taking words out of context, twisting meanings, and the rest of the devilish tricks the media use when they want to destroy a true American patriot.  But he has a solution. Because the news coverage–remember, there's video!–doesn't show the truth, which is that he is no racist, he 

“would appreciate it if The New York Times retracted their story.

“I would appreciate that. I think they should do that,” Bundy said. “They're making it a racist-type thing. I'm not racist.”

So Bundy goes and shoots his mouth off in public, even makes sure there is a video camera capturing exactly what he says, but it's not his fault, it's the media's fault for portraying him falsely.

 It's a lot like Charles Barkley, the basketball player who provided us with an endless supply of memorable quotes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Nevertheless, most authorities in the art of the stupid agree that Barkley's crowning achievement was when he claimed that he was misquoted. In his autobiography.

 The next time Cliven Bundy plans to claim he was misquoted maybe he shouldn't be standing in front of a video camera.

 

Marijuana Revenue Update

Back in Marchwe were posting about a proposal to have the state study the potential revenue to be raised if marijuana were legalized and taxed.

Or, to put it another way, if Vermont decided to smarten up and end the de facto marijuana tax exemption that criminalization causes.

The first time around it was ruled out of order as not being germane to the miscellaneous tax bill its supporters tried to add it to, but Rep. Kristina Michelsen, D.-Hardwick, assured me that it would be brought up again.

That day was today. The House was debating S. 247, the Senate's marijuana dispensary bill, and Rep. Kesha Ram, D.-Burlington, proposed the same revenue amendment. This time it passed. Here's the language:

Sec. 8a. TAXATION AND REGULATION OF MARIJUANA; REPORT

On or before January 15, 2015, the Secretary of Administration shall report to the General Assembly regarding the taxation and regulation of marijuana in Vermont. The report shall analyze:

(1) the possible taxing systems for the sale of marijuana in Vermont, including sales and use taxes and excise taxes, and the potential revenue each may raise;

(2) any savings or costs to the State that would result from regulating marijuana; and

(3) the experiences of other states with regulating and taxing marijuana.

The amendment passed, the bill passed, and now it's up for third reading and, presumably, back to the Senate for reconciliation with the revenue provision intact. 

Congratulations to the forward-thinking legislators who kept this issue alive!

Senator Leahy, the Judiciary, and Reproductive Rights

Posted for Meagan Gallagher, the Executive Director of Planned Parenthood of Northern New England 

I recently came across posts questioning Senator Leahy's commitment to women's health, but you have gotten it dead wrong. The reproductive health community is not pitted against Sen. Leahy–we stand together in support of access to quality, affordable health care for women.  As Chairman of the Judiciary committee, Sen. Leahy championed the successful passage of the Violence Against Women Reauthorization Act in 2013, repeatedly voted to protect access to women's health programs domestically and internationally and has led efforts to address vacancies on the federal bench.

We applaud his work to confirm fair-minded judges who are prepared to respond to the unconstitutional attempts to restrict women's access to health care, especially as a record breaking number of abortion restrictions pass in state legislatures.

Sen. Leahy has his work cut out for him.  The judicial confirmation process is difficult in a good year; last year, some Senators engaged in such extreme obstructionism that they forced a rules change to allow even non-controversial judges to be confirmed. This change, supported by Senator Leahy, allowed for the confirmation of Nina Pillard, who supports access to safe legal abortion, to the DC Circuit Court of appeals.

Of course, we may disagree with particular nominees. But there is no doubt that Sen. Leahy has stood strong with the women of Vermont, and we are proud to stand with him.

Meagan Gallagher
President & CEO

Planned Parenthood of Northern New England

Stupid, just stupid

This week our senior Senator, Patrick Leahy, was justifiably angry when it came out that the A.I.D. had been sponsoring an illegal social media platform in Cuba in an effort to undermine the Cuban government.

As if we didn't already know that AID was a CIA front, right?

Still, there are a bunch of reasons that this was a terrible idea.

First, when the U.S. government funds anti-government activities in other countries it gives the governments of those countries a legitimate basis to claim that even legitimate pro-democracy efforts are no more than a tool of the United States imperialists.

Second, to the extent that the AID carries out and promotes legitimate humanitarian assistance, linking it to CIA programs like this gives governments a sound basis to reject that assistance.

Third, did it even occur to them that the Cuban Twitter users might be exposed as anti-government activists to the Cuban government?

Leahy's right:

 “Whose idea was it for this specific program? I’ve read the legislation. The legislation doesn’t say anything about setting up a cockamamie idea in Cuba with Twitter accounts and all on something that the Cubans would be so easy to discover,” Leahy said.

In the local news

You remember the police misconduct from a couple of summers ago? The one where a Shelburne police officer pulled Rod MacIver over and charged him with running a red light, even though the cruiser cam established beyond a doubt that he hadn't run the red light?

The Burlington Free Press is reporting that the case has been settled for a cash payment as well as a promise that Shelburne will “provide extra training to its police officers; to establish a formal, written policy to address complaints against police; and to ensure that its officers are not provided incentives for traffic stops and ticketing.

 Don't you wonder what that training will be?

“From now on, if you see someone not violating the law, don't give them a ticket.”

“Don't lie about what you see drivers do while you're on the job.”

“Don't lie when you're testifying in court.”

There, that shouldn't take long. I cordially invite the Shelburne Police Department to use any of these ideas at the training they're going to do, free of charge.

There is just one thing I don't understand, though. Why is the training on not lying about your official police activities being referred to as “extra” training? 

The NBA (almost) comes clean

This week the new commissioner of the NBA came alarmingly close to an honest statement about the nature of big-time NCAA sports.

We've been covering The Most Corrupt Nonprofit in America (that isn’t the Catholic Church)®, and it seems that every week there is a new outrage to report.

 For instance, did you know that an NCAA athletic scholarship, that great charitable benefit that enables impoverished minority youth to get a college education, actually leaves the players in a four thousand dollar hole every year? Well, it's true.

Fortunately, the NCAA workers have a friend in the NBA. The new commissioner announced he was ready to start paying NCAA basketball players, at least to the extent of making up the gap.  http://www.npr.org/2014/04/11/301882609/nba-commish-wades-into-debate-over-paying-college-players

Of course, there is a quid pro quo. The offer is contingent on a rule change keeping college basketball players out of the league for two years after their high school graduation, instead of the present “one and done” policy. Apparently they are finding that nineteen-year-olds, even talented ones, aren't good enough and tough enough to play in the NBA, so they'd like them to stay in the NCAA for more educational progress seasoning.

Yes, Adam Silver has come close to admitting that NCAA basketball is nothing more than an unpaid minor league for the NBA.

Once again, no apparent awareness of the hypocrisy comes from the NCAA or NBA. 

Jesse Winchester, 1944-2014

Jesse Winchester died yesterday, just a month short of seventy. His first album, released in 1970, introduced a new voice in American music, especially the song Yankee Lady. His description of living “in the hills of old Vermont, where what you do all day depends on what you want” appealed to me and thousands (millions?) of people who rejected the corporate, establishment life American society wanted for us.

The other thing that his fans related to was that he was living in Canada, avoiding the war and the draft that we hated. It was a concrete connection between the lives of a musician and his fans, many of whom could imagine being in his same position (my father was encouraging me to consider going to college at McGill for the same reason) that was unusual, possibly unique.

Winchester eventually returned to the United States after Jimmy Carter announced his amnesty program, and went on to have a long and successful career as a singer and songwriter. If you don't know his music, or even if you do, here's a selection for your enjoyment. 

Maybe one of our readers knew him when he was here in Vermont and could share some memories. 

 https://www.youtube.com/watch?v=APirVxOpZFk&feature=youtu.be

 https://www.youtube.com/watch?v=AQtLEAZBxr0&feature=share&list=PL29010266CED59FEA&index=4

https://www.youtube.com/watch?v=5uKGWpqnS8E&feature=youtu.be

 https://www.youtube.com/watch?v=NSxpuAazOMI&feature=youtu.be