This week, a judge ruled that the Business Improvement District in Northampton, Massachusetts was organized without following certain laws. The judge ordered the immediate dissolution of the BID, putting several people out of work and leaving the city bereft of services it had performed.

For the past few years, the BID has cleaned the streets of downtown Northampton, maintained its planters, helped the city with snow removal, funded the holiday light decorations, and organized or assisted with various special events to promote the downtown business and arts  communities.

No one doubts that the organization did great work. But from its inception in 2009, it’s been fraught with controversy. Northampton BID was empowered by the City Council to negotiate contracts to perform these services in March, 2009—and just five weeks later—even before the BID was officially formed in July, 2009—a group of dissenting downtown property owners filed a suit claiming the petition signatures for the formation of the BID were not properly collected or certified. The BID could only form if at the owners of at least 297 properties within the proposed district agreed.

There was controversy over whether the enabling law wanted the count based on parcels or property owners—an important distinction, since many property owners owned multiple parcels. As the BID collected them, owners were allowed to vote once for each piece of property they owned or controlled in the district. One owner signed 15 times.

But there was also controversy about several other areas:

  1. Had enough diligence been expended to verify that the signatures were legible and that they were from people with ownership or delegated authority? The judge invalidated 63 that he could not read, bringing the critical mass well below 297, and strongly criticized the city government for failing to check the signatures carefully.
  2. Was it ethical to redraw the district’s boundary lines prior to formation, to include more properties owned by supporters (including Smith College, by afar the largest landowner in the downtown area) and exclude several owned by opponents?
  3. Membership fees paid for all the services the BID performed. When the BID was accepted in 2009, membership was voluntary. But a change to state law in 2012 made membership compulsory.
  4. A July, 2014 vote on whether to extend the BID’s charter through 2019 used voter eligibility rules that excluded all the people who were forced to join in 2012, and passed 40-0.

As someone who has written two books and used to write a column on business ethics, I find that these other issues sway me. No matter how much good the BID does, it cannot justify its actions as an organization that tramples on the rights of its opponents.

When you tell people that an organization has a voluntary membership, and then you make it mandatory to join and pay dues, that’s wrong. And it’s even more wrong to then exclude the recalcitrant members from voting on the organization’s future. It brings to mind words like “deceitful” and “slimy.” And yes, when your charter depends on certifying participation, you make sure those participants are properly certified.

The Sky Won’t Fall

It is a hardship when people are put out of work just before the holidays, with no notice. I feel sorry for the BID’s workers, and I hope the business community steps forward to hire those folks, even if the jobs are temporary.  While it would have made more sense to me if the judge had ordered a more gradual phaseout, letting the organization honor its commitments and its payroll for a couple of months to deal with past obligations and commitments already made, I disagree with BID proponents who seem to think the sky will fall.

Yes, it will be a scramble to get a holiday lighting program in place in time for the retail season. But it can be done. Presumably, it will not be difficult to transfer the contract from BID to the Chamber of Commerce or some other organization.

Yes, it’s going to impact the downtown when the BID employees who’ve been picking up trash stop doing it. But the city has a Department of Public Works.

The BID did not exist until five years ago. And the downtown thrived. When another program, the Northampton Honor Court, stopped picking up the downtown trash, it was a hardship and the downtown definitely looked more tired. But others stepped into the breach.

Again, I support the good work that the BID performed. But I do not support a process that’s tantamount to bullying, don’t support a double standard for BID supporters and opponents, and think it’s completely immoral to bring the organization in as a voluntary effort and then change the rules. Yes, I recognize that it was the state, and not the local BID, that changed the rules, but the blame for rigging the election to continue under the new terms is most definitely local, and deeply unfair.

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I revisited a post I’d written on election reform, back in 2007. In that post, I listed seven specific steps the United States could take to make its elections more representative and relevant.

But I left out a huge one—did I think back then, that it was so obvious it didn’t need to be listed?

Getting. Money. Out. Of. Politics.

That means not only repealing the wretched anti-democratic Citizens United decision, but much more. It means making politicians once again responsible to the people, and not to well-funded lobbyists. It probably means public funding of candidates, and limits on the dollars that can be spent. Ideally, it would mean an end to TV advertising of smear ads, and replacing them with a list of candidate websites (not just the largest parties but any party that achieves an agreed threshold of support) where people could learn the candidate’s positions on actual issues—in more depth than attack sound bites.

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I hope Obama and the Democrats learn their lesson. when they refuse to comprise on things that should not be compromised on, when they stand up for their principles, they win.

What a great president he might have been (and perhaps still could be) if he had figured that out in 2009. There is a difference between conciliation and giving away the store, and every time he kowtowed, the other side saw him as weak, and took out their lances again to whittle things down even further.

Of course, it helped that progressives and liberals came out in force to tell him he was doing the right thing. One of the lessons Obama should have taken from the 2008 election campaign is that he can organize a large constituency that “has his back.” and we progressives can also organize to push him leftward when he dirfts like a rudderless boat in the face of pressure from the right.

We have to remember that Obamacare was a Heritage Foundation invention. The left wanted single-payer, which Obama refused to even discuss.

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Outrageous! Under normal circumstances, the legal limit for radioactive iodine 131 in water is 3 picocuries per liter.

But in case of a nuclear accident, that standard goes out the window (or perhaps I should say, out the cooling tower), with the recent adoption by the Environmental Protection Agency of a Bush-era backdoor plan for nuclear accident response. A Forbes article about this travesty, “EPA Draft Stirs Fears of Radically Relaxed Radiation Guidelines,” sounds the alarm:

The new EPA guide refers to International Atomic Energy Agency guidelines that suggest intervention is not necessary until drinking water is contaminated with radioactive iodine 131 at a concentration of 81,000 picocuries per liter. This is 27,000 times less stringent than the EPA rule of 3 picocuries per liter.

This is one of many alarming standards relaxations in the new regs. Another, allowing for 2,000 millirems of radiation exposure over time, is expected to increase the number of cancer deaths  from 1 in 10,000 to 1 in 23.
Though it’s only a draft, it has been adopted as interim policy. And there’s enough concern that Public Employees for Environmental Responsibility issued a press release harshly critical of the new regulations.
My thanks to local journalist Stephanie Kraft, whose article in the Valley Advocate alerted me to this.
This is an absolute outrage!
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Kansas State Representative Dennis Hedke is definitely in the running for Idiot Politician of the Year. This clown has introduced HR 2366, a bill that

would prevent public funds from being used “either directly or indirectly, to promote, support, mandate, require, order, incentivize, advocate, plan for, participate in or implement sustainable development.” The prohibition would extend to “any activity by any state governmental entity or municipality.”

The bill defines sustainable development thusly:

“sustainable development” means a mode of human development
in which resource use aims to meet human needs while preserving the
environment so that these needs can be met not only in the present, but
also for generations to come, but not to include the idea, principle or
practice of conservation or conservationism.

In other words sustainable development—development that has the audacity to meet human needs now and into the future—would become ineligible for any government funding in Kansas. Forget about a school building designed to last 90 years, or even 25. Forget about economic incentive programs that use the green economy to create jobs in impoverished. How could sustainable development make an enemy?

Especially since the business case for sustainable development is so strong. All the research I’ve seen shows that sustainability pays huge dividends to companies, governments, and consumers.

If this ridiculous bill were to become law, presumably government money could only be used to build buildings or bridges that disintegrate in less than one human generation…that have zero energy efficiency features…that will lock their owners into a downward spiral of spending more and more money to feed an avoidable fossil-fuel “jones.” And how you can separate conservation from sustainability or sustainable development is beyond me.

One could even read the definition as preventing any contracts with companies like GE, Ford, General Motors, Walmart, even oil companies that have also invested in solar wind, or hydro.

But wait—it gets worse! There’s a nice little bit of reactionary censorship and thought-control in the legislation—just the sort of thing that right-wingers who claim to love freedom should oppose:

This prohibition on the use of public funds shall apply to: (1) Any activity
by any state governmental entity or municipality;
(2) the payment of membership dues to any association;
(3) employing or contracting for the service of any person or entity;
(4) the preparation, distribution or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television or video
presentation;
(5) any materials prepared or presented as part of a class, course,
curriculum or instructional material;
(6) any current, proposed or pending law, rule, regulation, code,
administrative action or order issued by any federal or international
agency; and
(7) any federal or private grant, program or initiative.

And yet this guy claims to be such a defender of liberty that the bill contains this explicit agenda:

to support, promote, advocate for, plan for, enforce, use, teach,
participate in or implement the ideas, principles or practices of planning,
conservation, conservationism, fiscal responsibility, free market
capitalism, limited government, federalism, national and state sovereignty,
individual freedom and liberty, individual responsibility or the protection
of personal property rights…

What kind of nutcase would write and submit such a law? How about one who happens to have a day job as a geophysicist whose clients include some 30 oil and gas companies (according to this article in TriplePundit). And one who has also introduced legislation to have school teachers argue against the evidence of climate change. Liberty, apparently, does not extend to those with whom Rep. Hedke disagrees.

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Shocking:  at least 13 times during the administration of George W. Bush, various US embassies abroad were attacked—with fatalities in several instances. This number excludes the US Embassy in Iraq, which was attacked frewquently—I checked two of these, chosen at random, and both were easy to verify.  13 or more terrorist attacks on US embassies from 2002-2008, many of them with far more dire consequences than Benghazi: 36 people dead (including nine Americans) in one attack, in Saudi Arabia; 16 in another—one of two in Sana’a, Yemen (there were also two in Karachi, Pakistan. And George W. Bush, according to the article, did nothing to boost embassy security after these terrorist attacks.

Yet somehow, those who have been vilifying Barack Obama, Hillary Clinton and Susan Rice over this were strangely silent. No outrage from the likes of Lindsay Graham and John McCain when a Republican, even an unelected one, was at the reins. Democrats were quiet too. They actually believe their own rhetoric about defending our president in times of crisis, even when he’s wrong.

It shouldn’t be a surprise. After all this is the same Republican crowd that fiddled while His Imperial Delusional Majesty burned up the Bill Clinton budget surplus and replaced it with soaring debt and massive deficits stemming from his two illegal and immoral wars, from corruption, and from giveaways to corporations that didn’t need them, at the expense of the safety net—but turned into deficit hawks and affordability watchdogs the moment Obama took office. And why does the media give these clowns a platform, under the circumstances?

I certainly have my issues with Obama, and have criticized him often in this space and elsewhere. But we all need to call attention to the blatant Republican hypocrisy on this and a host of other issues. Let’s be fair, people!

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Scary article on Huffington Post: Duke Energy’s Oconee nuclear power plant is at serious risk of flooding–and the NRC has lied to Congress about it. The plant is only 11 miles downstream from Jocassee Dam, whose likelihood of failure has been estimated at a completely unacceptable 1 in 163 per year. If Jocassee fails, it could generate a 16.8-foot wall of water at Oconee–which is only built to handle a 5-foot flood.

This highly dangerous nuclear power plant plant should be Shut. Down. Now. Fukushima completely eliminates the “it can’t happen here” argument.

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Kafka must be having a good laugh over this.

LEED certification for US government buildings has been a huge success story:

Since 2003, the General Services Administration (GSA)’s 91 LEED-certified and 219 pending buildings, totaling over 14 million certified square feet of space, can take credit for:

  • Lowering emissions by 20 percent
  • 20 percent lower energy intensity
  • Switching 16% of overall energy use to renewables
  • 14% reduction in water use since 2007

In and out of government, both the business case and the planetary case for LEED are clear:

In the last twelve years, LEED has aided the development of better products, better designs, better engineering, and better buildings. LEED has now grown into the most widely used high-performance building rating system in the world.  Today more than 12,300 commercial projects and over 20,000 residential units have achieved LEED certification.  An additional 1.6 million square feet of space is certified every day.

The business case for LEED is unassailable.  It saves U.S. businesses and taxpayers millions of dollars every year.  Furthermore, an organization’s participation in the voluntary LEED process demonstrates leadership, innovation, conservation stewardship and social responsibility, while providing a competitive advantage. All of these are reasons why small businesses, Fortune 100 companies, homeowners, governments and non-governmental organizations are using LEED to save money and save resources every day.

Now the latest idiocy in Congress is to try to force the GSA to abandon the well-respected LEED rating system. Why? To protect the interests of toxic chemical manufacturers whose products can’t qualify for LEED certification.

Earth to Congress: getting rid of toxics is part of  how you get green buildings. Duh!

If you think Congress should allow the GSA to continue using LEED in its building design criteria, here’s a petition you can sign. It’ll be turned in Tuesday, so go and sign it now before you get distracted.

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I was out of the country and missed this important news: it is now illegal to conduct fracking in the state of Vermont.

Fracking—a highly toxic method of extracting natural gas by filling rocks with poisonous chemicals and blowing them apart—has been linked to severe water pollution, among other problems.

This continues Vermont’s record of progressive legislation that includes forcing the owners of Vermont Yankee to abide by the end of its original licensing term (unfortunately overridden by a federal judge who, in my opinion and the opinion of many others, wildly overreached his authority) and providing universal health care.

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Either Mitt Romney is trying to add comedy to his repertoire or he’s gone delusional on us.

At least twice last week, he made off-the-wall statements accusing Obama of Romney’s own much-indulged-in behaviors and attitudes.

Here’s the Wall Street Journal’s report on Romney calling Obama “out of touch.

Let’s see…Romney is the man who revels in being in the One Percent, talks about the Cadillacs, plural, that his wife drives, brags about firing people, jokes about factory closings, and thinks that corporations are actually people (to name a few of his bizarre statements). Not since Dan Quayle have we had a probably major-party nominee for national office so good at cramming his foot into his mouth..

And then a day or two later, Romney said Obama repeatedly undergoes “a series of election-year conversions” on his issue positions. It’s true, Obama has a disturbing tendency to back off anything remotely controversial once a little heat is applied by the opposition, and this is a continual disappointment to progressives. But retreating under fire is not the same as shifting with the wind. Romney changes positions so often, his own campaign strategist Eric Fehrnstrom created the wonderfully apt metaphor of the Etch-A-Sketch campaign: shake it to reset.

I live in Massachusetts and I lived here under the Romney  administration. He was very much in favor of the healthcare plan that was passed during his time at the helm, despite its strong resemblance to the Obamacare he claims to hate. I remember when he was at least somewhat protective of women’s reproductive rights. I remember a lot of positions he has abandoned and then turned around and actively trashed. People keep talking about his integrity; I see a candidate who will sacrifice any principle for votes.

So, Mitt–do you actually believe this stuff you’re spouting, or are you just trying to bring some humor into the campaign trail?

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