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Vox clamantis in deserto

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At PCFR: Cities, "backstabbers'' and world shipping/ports

April 12, 2016
 

This evening we hear Hedrick Smith at the Providence Committee on Foreign Relations (thepcfr.org) dinner.
 

The next speaker for the PCFR comes WednesdayMay 11, with Greg Lindsay, a famed writer on cities and transportation around the world.

Look at:
 

Aerotropolis: The Way We'll Live Next
$16.22
By John D. Kasarda, Greg Lindsay
Buy on Amazon

He is a contributing writer for Fast Company, author of the forthcoming book Engineering Serendipity, and co-author of Aerotropolis: The Way We’ll Live Next. He is also a senior fellow of the New Cities Foundation — where he leads the Connected Mobility Initiative — a non-resident senior fellow of The Atlantic Council’s Strategic Foresight Initiative, a visiting scholar at New York University’s Rudin Center for Transportation Policy & Management, and a senior fellow of the World Policy Institute.
 
On Tuesday, June 7Michael Soussan, former UN whistleblower; acclaimed author; widely published journalist; NYU writing professor, and women's rights advocate, will speak. His satirical memoir about global corruption,  Backstabbing for Beginners: My Crash Course In International Diplomacy (Nation Books / Perseus) is being adapted  for a feature film, starring Ben Kingsley and Josh Hutcherson

He will speak about the subject of his next book TRUTH TO POWER: how great minds changed the world. A brief history of thought leadership.
 
Evan Matthews, a key thought leader at the North Atlantic Ports Association and director of the Port of Davisville, has very kindly offered to talk to us on Wednesday, June 22, on changes in world shipping, including the widening of the Panama Canal and other changes of huge interest to New England ports. 

We plan to get experts on the Zika virus, ocean fishing and the geopolitical effects of global warming in the next season. Expert on Central Asia Morris Rossabi and former Ambassador to Slovakia Tod Sedgwick will be among those speaking in that season, which starts after Labor Day.
 

@ThePCFR

 

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Ask the Japanese government

Yasuhisa Kawamura, the Director General for Press and Public Diplomacy for the Japanese government, will discuss themes of the G7 Summit, scheduled for May 26-27 in Japan, in a Boston Global Forum (BGF)  online dialogue. The session will start at 7:30 a.m ( EST ) on Thursday, April 14. Mr. Kawamura, who is the chief spokesperson for Prime Minister Shinzo Abe, will answer questions about  the summit and Japanese plans and policies.

The Boston Global Forum, founded in 2012, is based in Boston and Cambridge.

The dialogue with Mr. Kawamura is part of the BGF-G7 Summit Initiative, in which BGF experts are working with Japanese officials to craft recommendations to be considered by the national leaders at the summit.

The Kawamura program can be seen on the BGF’s Web site --- bostonglobalforum.org.

You may send questions to Mr. Kawamura via: Office@bostonglobalforum.org.

 

 

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Jim Bedell: Sea-level rise threatens public's access to Rhode Island's shore

via ecoRI News

(ecori.org)

The scary part is the consolidating evidence of global warming, the surprising acceleration of sea-level rise and the accepting of the profound effects these will have on Rhode Island. The hopeful part is the proactive call to arms by this little state, stepping out in front of the crowd to take meaningful action to deal with the changes coming our way.

Those steps come in the package of the Rhode Island Coastal Resource Management Council’s Shoreline Special Area Management Plan (Beach SAMP). If you don’t know what that is, well, start paying attention.

It’s time to look over the time horizon. Sea-level rise is accelerating way beyond previous assumptions. Before anthropogenic warming began accelerating in the mid-1900s, scientists spoke of natural post-glacial sea-level rise in terms of a few inches per century. The latest National Oceanic and Atmospheric Administration (NOAA) projections cite the range in sea-level rise above 1990 levels to be a maximum of 7 feet by 2100. The youngest of our current schoolchildren will live long enough to see Waterplace Park, Galilee, Misquamicut and much of Wickford and lower Newport under water, and whole waterfront neighborhoods abandoned.

Now several years in progress, the Beach SAMP process has been a national leader in preparing to deal with coming realities. Our state university, world renowned in oceanography and earth science, has been a blessing. It has been gathering data, holding public discussions, and putting together useful proposals to help shore towns and cities think, and more importantly act, to minimize the cost and disruption of the coming changes.

A good example of an early proactive measure is the “armoring” of the sewage-treatment facility in Narragansett, near Scarborough State Beach. The proposed earthen berm — an artificial ridge or embankment — and wall will be needed to protect critical infrastructure from damage in the future as the sea rises.

But there is something else that needs protection as the coastal future becomes the coastal now, and Save The Bay has taken a step to make sure that it’s included in the Beach SAMP. Save The Bay and CRMC are also protecting the people of Rhode Island in another important way: They’re protecting our precious and unique right to use the shore. Among other rights of the shore, we have the right to “pass along the shore.”

Save The Bay has entered an opinion regarding the Narragansett sewer project, saying that without including a way to walk, fish or collect seashells along the shore in front of the sewerage plant, the engineering for the project isn’t complete and it shouldn’t go forward. The nonprofit advocacy organization has proposed moving the protection structure 40 feet landward to allow passage in front of it. That would be a good thing.

I would add an alternative proposal if another is needed. Namely, if the barrier truly can’t be moved inland, put a walkway along the top of the structure to allow passage across the treatment property to the beach on the other side.

Most certainly creative, outside-the-box solutions will have to be part of the remedy for this never-before experience of dealing with such rapidly accelerating climate change.

Of course, the sewer plant project in Narragansett is just one pixel in a much larger picture. As another example, I have included a pair of pictures from the Beach SAMP data available on the CRMC  Web site titled “Shoreline Change Maps.” One shows a satellite view of a house and a hotel on Misquamicut Beach along Atlantic Avenue in Westerly with the movement of the land/water boundary, identified by colored lines, during the past 77 years. You can see that both locations have constructed boulder walls across their property.

There are several important things to learn from these photos.

One lesson comes from the boxes at the end of the survey lines going out into the water. The black box shows the total movement landward of the land/water boundary since 1939. At line No. 169 it has moved 109 feet, which means that 109 feet of real estate has disappeared. The learning comes with realizing that although the sea has risen only a number of inches over this time, the land/water boundary location moves many feet landward because the land, in most places, is a gentle slope rising away from the water.

The white boxes show the same survey data in another way. They show the average number of feet per year the shore has moved inland. At the location of line No. 169 it has been retreating at an average rate of 1.5 feet annually.

The colored lines highlight the second lesson we can gleam from this CRMC image. The red line is 1939, the black is 1951, the purple is 1963, the green is 2012 and the blue is 2014. Notice that through 1951 the shoreline was far enough in front of the house and hotel that there was room for anyone to pass along the beach without any problem.

By 2012, the sea had risen up to the point that there was no longer anywhere to walk to pass along the beach. By 2014, a person would have to hazard rock climbing the wall to get by along the shore.

Bear in mind that people don’t come to Misquamicut for the restaurants and hotels and happen to use the beach. The restaurants and hotels only exist there because of the fabulous, unobstructed, world-class strand of sand on which they can recreate. Every year, the town of Westerly takes in millions of dollars because of the miles-long beach that people can enjoy and “pass along.” Protecting lateral access along the shore is as much a local economic business issue as it is an emotional civil rights one.

The second picture is of a house on Greenhill Beach, in Wakefield. The owners of the large home built a seawall to try to prevent their property from disappearing. That was legal at the time and was their right — though they may be hastening the erosion of the adjacent properties. But people have walked along this beach as far back as memory of it goes. The blue line is from 2014 surveying. Even then people would have had to climb over the foot of the rock wall to pass by.

At present, at high tide or after a big storm, the only safe place to walk is along the top of the rock pile wall across the house’s yard. It will be a challenge going forward for shorefront properties to find ways to accommodate citizens passing along the shore as the sea advances up and over the land.

The important takeaway is that the shoreline location may be changing, but our constitutional privileges of the shore are not. There are many more locations in Rhode Island with the same dynamic unfolding.

Jim Bedell runs the Rhode Island Shoreline Access Coalition.

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Woodland meditation

"Seated by a Tree'' (watercolor on paper, 1973)), by Andrew Wyeth, in the show "Andrew Wyeth: Drawings and Watercolors,'' at the Adelson Galleries, Boston, opening April 15.

Those woods look like those a week before they leaf out in April.

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A hill of New Englanders

"Rock Barrier 1" (screenprint), by Henry Ferreira, in the show "Works on Paper,'' through May 30 at Dedee Shattuck Gallery, Westport, Mass.

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Don Pesci: Senator Murphy's bizarre climate-Mideast brutality link

Only a few years ago a politician might have been laughed out of Congress for postulating that the troubles in the Middle East – Islamic irredentism; the emergence of Iran, still considered a terrorist state, as a regional Middle East power; the attempt by Shiites, rebuffed during the Iraq war, to establish a caliphate in northern Iraq and Syria; the threats against the United States and other Western nations that pour like a flood of mighty waters from the throats of its former enemies; the scurrying of foreign states once friendly to the United States from a U.S to a Russian protectorate; the sea of women, children and young men murdered, homeless and enslaved Christians, immigrant hordes persecuted by Islamic terrorists now flooding Europe’s shores, largely owing to the recession of U.S. power and influence in the Middle East; all this and more --  were traceable to global warming, the tocsin of a boisterous environmental movement.
 

The civil wars in Syria and Mali, U.S. Sen. Chris Murphy, of Connecticut, noted in a New Haven Register interview “… were preceded by a ‘massive multi-year drought,’ which were consequences of global warming. ‘The instability that we are seeing in the Middle East and in Africa is today the result of climate change,’ with more challenges coming, Murphy said.”

The connection between global warming and world-altering disturbances in the Middle East, remote at best, is one of the CliffsNotes taken from the current Democratic Party campaign playbook. The global warming bell will be sounded ad nauseam during the coming political campaigns. Socialist presidential candidate Bernie Sanders has already warmly embraced the queer notion. Surprisingly, Mr. Murphy has thrown his support to Hillary Clinton, not Sanders.

Mr. Murphy’s current term in office ends January 2019, and so he can well afford to flourish ideological banners on behalf of movement progressives, which includes the environmental lobby. Nothing Mr. Murphy says, however absurd, will cost him a vote in the near future. Mr. Murphy’s present assertion entails no immediate political cost to him; it is a form of cheap grace. Mr. Murphy’s comrade in the Senate, Dick Blumenthal, is up for re-election in the current cycle, and the remote prospect of losing an election has made the always cautious Mr. Blumenthal wary. Off-election year senators are usually able to find their spines.  

Mr. Murphy’s assertion – Middle East instability is caused by climate change -- is a near-perfect example of the post hoc fallacy, which may be stated as follows: A occurred, then B occurred; therefore, A caused B. The rooster Chanticleer crowed, then the sun rose; therefore, the crowing caused the sun to rise.

Messy thinking is the principal cause of a messy foreign policy, and the Obama administration is full of threadbare thoughts. Dangerous errors in foreign policy are the product of political procrusteanism, which occurs when politicians seek to fit the wide and various world into their narrow ideological beds: Feet are lopped off, fingers are sheered away, and one ends up with a dead and useless mutilated corpse, an apt description of U.S. foreign policy in the Age of Obama. Far-fetched claims such as those made by Mr. Sanders and seconded by Mr. Murphy obscure the wreckage. But these bizarre notions can be exploded by an application of “Occam’s Razor,” which holds that the most economical explanation of a phenomenon that accounts for all the important facts is usually the right one.

Here is an economical explanation that embraces real-world data in the Middle East:

Syria is ruled by Bashar Assad whose father, Hafez al-Assad, was only slightly more bloodthirsty than his son. In 2012, President Obama drew his famous “red line in the sand” in Syria. He said that the use of chemical weapons by Assad would cross “a red line” that would entail “enormous consequences” and “change my calculus” on American military intervention in Syria’s civil war. A year later, In August 2013, a rebel-held suburb of Damascus was attacked with sarin gas, and Mr. Obama’s red line inauspiciously disappeared.

Concurrent with Mr. Obama’s red line doctrine, American troops that had ousted Saddam Hussein in Iraq were withdrawn from that country, fulfilling an Obama campaign pledge. The improvident withdrawal of troops created a vacuum in northern Iraq and Syria that soon was filled with the soldiers of Allah, peace be upon him, whose ambition it was to recreate a caliphate. They expressed their fidelity to the Koran by capturing territory from the infidel, killing men who might oppose them, enslaving their children and making concubines of their wives. They also drew the sword of Allah, peace be upon him, across the throats of infidel Christians, which caused Mr. Obama to claim that the ruffians were not behaving in a manner that was faithful to Islam, the Koran or the prescriptions of Mohammed, peace be upon him.

Islamic scholars who are more faithful interpreters of the Koran would heartily disagree. 

With the supposed failure of President George W. Bush’s policy towards Iraq before her and the imprecations of Democratic politicians ringing in her ears, Secretary of State Hillary Clinton, now the leading Democratic candidate for president, simply repeated the so-called “policy errors” of Mr. Bush and persuaded Mr. Obama to oust Libyan strongman Muammar Gaddafi from power. The ouster was a success: “We came, we saw, he died,” boasted Mrs. Clinton. Libya descended into chaos, and the Obama administration – refusing steadfastly to let a crisis go to waste – began shipping war material from a Libyan compound to American-supported, anti-Assad forces in northern Syria. The American compound in Benghazi, Libya, soon was destroyed by Islamic terrorists. It is no exaggeration to say that the terrorists who murdered Christians, among others, in the newly established caliphate and in Paris and Brussels and the United States and Canada and London and the Netherlands were, all of them, faithful followers of Mohammed, peace be upon him. 

This is only a thimble full of real-world data that should be included in any assessment of the origin and causes of the bloody mess in the Middle East, a good part of it attributable to Mr. Obama’s failed foreign policy. Mr. Murphy’s fanciful theory that Middle East instability is the result of climate change is little more than a head-fake designed in an election year to draw public attention from inconvenient truths. Mr. Murphy, who certainly is no Joe Lieberman, has until 2019 to get it straight before he comes up for re-election, plenty of time for visions and revisions that time will soon erase.

Don Pesci is a political writer based in Vernon, Conn.

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Llewellyn King: Utilities struggle to maintain revenues amidst new energy technology



Howard Hughes, a pioneer in movie making and aviation (which informed his cantilevered underwire bra design for actress Jane Russell), was blindsided by disruptive technology. Electric utilities might want to heed Hughes’s history as they deal with future shock.

Hughes believed that his 1930 silent movie Hell’s Angels-- which has some of the finest flying sequences ever shot -- could make it even as the age of talkies was dawning. But he was in error; he had remake the movie with a sound track at huge expense.

Something similar happened to Hughes with the H-4 Hercules, the giant, wooden flying boat -- nicknamed the “Spruce Goose” by the press -- which he built during World War II. Eight reciprocating engines were no match for the potential offered on the horizon by jet engines. And spruce was no match for the superior aluminum alloys that had been developed during the war.

Leaders in the electric utility industry know full well that times are changing. But are they making brilliant silent movies when the talkies are around the corner, so to speak?

Dealing with change is especially hard for utilities because they are in a real-time business. The juice must flow 24-7, which means that the new has to integrate seamlessly with the old. Shutting down to retool, as Hughes did with Hell's Angels, is not an option.

Yet in the 46 years that I've been writing about the utility industry, I've never seen such upheaval, ergo such challenges. There is no aspect of the industry which isn't beset by technology at the gate: computing and artificial intelligence; drones for line surveillance and security; 3D printing (additive manufacturing) for repairs; superior data from smart meters; and aggressive growth from competitors on the roof – in the form of solar panels -- and in the marketplace.

But, to my mind, the most-daunting challenge facing the industry is flat or declining electric demand. For investor-owned utilities, which provide 80 percent of the nation’s electricity, this challenge, this reality has been masked by the good performance of their stocks on Wall Street, which owes a lot to low interest rates and volatility in the market, not to the long-term prospects for investor-owned companies. For now, it is the utility paradox.

The industry, through the Edison Electric Institute, has built a superb lobbying arm that can seek legislative remedies for its troubles -- as it did when dividends were under attack. But there are no legislative fixes for an industry in market turmoil, abetted by technological disruption.

There is more hope for relief from regulators. Increasingly, the industry is focused on state commissions: it wants relief from the downside of rooftop solar; relief from intrusive and misleading marketers of solar products; and, above all, protection of the grid's existing infrastructure.

Additionally, not all technology is disruptive. Utility solar farms are an economic and technological success. Storage is attracting innovators and may yet get a breakthrough. There is the hope that new load may come through electric vehicles -- although growth there could be stunted by cheap oil. It behooves the industry to push for better recharging, particularly inductive charging, and to advertise more electric consumption as a remedy for air pollution from the automobile tailpipe.

In 1974, I worked with the then chairman of the Atomic Energy Commission, the late Dixy Lee Ray, on an energy study for President Richard Nixon. The study advocated more electrification of transportation – and we had railroads in mind first and foremost. The United States has a few miles of electrified railway in the Midwest and the Amtrak corridor from Washington to Boston – far less electrified railway than other developed countries.

The railroads got away from the electric utilities, and they won't be corralled now. But there is a powerful environmental and social case for electrifying cars; creating a moral imperative to drive electric, if refueling is solved -- and I don't mean hanging an extension cord out the kitchen window. South Korea has buses that refuel through induction-charging plates at bus stops; smaller batteries, frequent charging.

It will be a lot easier for utilities to argue for regulatory relief to protect their social and shareholder responsibilities if they are extending their social value. 

Llewellyn King, host and executive producer of White House Chronicle, on PBS, is a longtime publisher, editor columnist and international business consultant.

This originated at Inside Sources.

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Winter's remnant shield

"The early mist had vanished and the fields lay like a silver shield under the sun. It was one of the days when the glitter of winter shines through a pale haze of spring."


-- Edith Wharton

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'Shot heard round the world' in April 1775

"By the rude bridge that arched the flood,
Their flag to April’s breeze unfurled,
Here once the embattled farmers stood,
And fired the shot heard round the world.
The foe long since in silence slept;
Alike the conqueror silent sleeps;
And Time the ruined bridge has swept
Down the dark stream which seaward creeps.
On this green bank, by this soft stream,
We set to-day a votive stone;
That memory may their deed redeem,
When, like our sires, our sons are gone."''


 --  Ralph Waldo Emerson, "Concord Hymn''   

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Lost horizon

Painting by Jessie Willcox Smith, in the show "Women Artists: Transforming Community (Providence to Provincetown 1880-1940)'' at University of Massachusetts at Dartmouth, April 12-30.

 “He who would travel happily must travel light.” – Antoine de St. Exupery

 

 

 

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Black shapes solid and surface

"Between Drawing and Sculpture'' (torso steel), by Ruth Mordecai, at Trident Gallery, Gloucester, Mass., in the group show "In the Time We Have,'' through April 24. She seeks to depict how the two media interact with each other. The  show focuses on the inevitability of change and what that means to each artist.

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Rachel Gotbaum: Heroin addicts wait for treatment or death in New Hampshire

 

This article is a  collaboration between NPR station WBUR's "Here and Now'' show  and Kaiser Health News.

For years, Eileen Shea says her former partner Eddie Sawyer struggled with a heroin addiction. But after losing his job and time with his daughter, he was ready to get help. He was on the waiting list for a bed at the , northern New Hampshire’s only residential treatment facility.

He never made it to treatment. Instead, Sawyer was one of 428 people in New Hampshire who died last year from a drug overdose. When the police found him in his apartment, there was list of rehab facilities on the table next to his bed. It was a list Shea had given to him a month earlier, and there were check marks next to the name of each one. Sawyer had called every place on the list.

“It’s typically four to six weeks that they’re on [the] waiting list,” said Kristy Letendre, director of the Friendship House in Bethlehem, New Hampshire. The facility has 18 beds and transitional housing where people recovering from addiction can live after they finish a 28-day program. “A lot of our admissions come from Manchester and Nashua, which is the southern part of the state, because they have six-month waitlists to get into their programs, so they’re coming up north.”


“Lately we’ve lost people who have reached out and were at the beginnings stages of accessing a bed and then you get a call or hear on the news that that person overdosed and their chance is gone,” Letendre said.But waiting for treatment doesn’t work for a lot of people addicted to heroin and other opioid drugs such as fentanyl and OxyContin. There’s a small window of time, Letendre says, when people are ready for help. If they don’t get help in that window, the risk of relapse and overdose is very high because withdrawal sickness is so miserable it drives people to use again.

Nobody knows this better than Sean Warren.

“In 2015, I had seven friends die of heroin addiction,” said Warren, 23, who had been struggling with heroin for more than two years. He wanted to get off the drug, but he says he couldn’t do it on his own. When he called around to find a rehab bed, he was told it would be nine weeks before he could get one.


Warren ended up stealing his sister’s credit cards to get money to buy drugs. And that’s when Warren said he got lucky — he was arrested. With no access to heroin, Warren went through withdrawal sickness alone in his cell. From jail he was admitted to the Friendship House.“I needed to be in a safe place,” Warren said. “I called everywhere crying and begging to get in, and no one had room for me, so my addiction led me to do more crime.”

“You have to survive for X amount of time,” Warren said. “If I stayed out there for nine weeks, I can guarantee you I wouldn’t be alive right now.”

Most rehab programs in New Hampshire will not take people unless they are free from drugs for at least three days. But finding a place to detox safely is not easy — there are only a handful in the state. There’s also a shortage of doctors who can prescribe medications to help people detox at home. (President Obama proposed a fix for this problem on Monday.)

Many of the people trying to detox on their own show up at Littleton Regional Healthcare, a 25-bed hospital not far from the Friendship house.

Dr. Randy Knight, an emergency-room physician, says every shift he works he sees two to three patients struggling with a drug addiction. Sometimes these are people who have overdosed and are dumped unconscious at the hospital entrance.


Knight says when people show up at the emergency room desperate to detox from opioids there is very little he can do for them. It is different from detoxing from severe alcohol abuse, where people can be admitted to the hospital because they can have life-threatening seizures.“It’s worse than it’s ever been,” Knight said. “We’re burying way too many young people from this disease, and we risk losing an entire generation from New Hampshire because we haven’t committed the necessary human resources, hospital beds or treatments beds to help patients kick this habit.”

Coming off heroin and other opioids is often a brutal experience — which can include hallucinations, vomiting, chills and diarrhea — but it is not considered a medical emergency.

“When I meet a patient and their family requesting help getting off of heroin or opiates, I have to tell them a hospital is not going to be able to provide the services that they need because the patient is not unstable from a medical point of view,” Knight said. “That doesn’t mean they’re not going to use again. And they tell me that, ‘If you send me out there, I’m going to use again.’ But I just can’t offer them a hospital bed in that situation.”

Knight usually gives these patients a blood pressure drug that may ease some of their withdrawal symptoms — but then he can only refer them to rehab — and hope that they don’t have to wait too long for a bed.


Shea offered to take Sawyer to a nearby hospital to help him detox. But she knew there were no guarantees he would be admitted.Eileen Shea will mark the first anniversary of Eddie Sawyer’s death April 7. She replays what could have been done differently for her daughter’s father.

“I told him when we go to the hospital, you’re either gonna have to drink a bunch of booze and they’ll admit you that way because they take alcoholics, or we’re going to go in there and you’re going to have to say you’re suicidal,” she said. “That was the only thing I could think of to help him, because they would not let him in because he was just a drug addict.”

But they never made it to the hospital.

“I wish I could have said, ‘Eddie I’m gonna come pick you up. We’re going to go to the hospital. They’re going to admit you. They’re going take care of you,’” Shea said. “But that’s not what happened. Eddie did not want to continue to do drugs, he just could not stop and he reached out for people to help him stop, and nobody took him.”

This year New Hampshire has doubled its funding for substance-abuse treatment, and has made 43,000 residents eligible for treatment under expanded Medicaid.

Rachel Gotbaum is a New Hampshire-based journalist.

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They don't need me

"The year is ended, and it only adds to my age;
Spring has come, but I must take leave of my home.
Alas, that the trees in this eastern garden,
Without me, will still bear flowers."


--  Su Ting, 720 A.D.

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Her only vice

"Untitled,'' by Gertrude Kasebier (1852-1934), in the show "Photo-Secession: Painterly Masterworks of Turn of the Century Photos,'' at the D'Amour Museum of Fine Art, Springfield, Mass., starting April 12.

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Oh, yeah, spring again

"If Spring came but once in a century, instead of once a year, or burst forth with the sound of an earthquake, and not in silence, what wonder and expectation there would be in all hearts to behold the miraculous change!  But now the silent succession suggests nothing but necessity.  To most men only the cessation of the miracle would be miraculous and the perpetual exercise of God's power seems less wonderful than its withdrawal would be."

-- Henry Wadsworth Longfellow.
 

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Warm wood rises

"Atmosphere, 216'' (ash wood) by Jeremy Holmes,  in the "Defying Perceptions'' show at Heather Gaudio Fine Art, New Canaan, Conn., through April 9.

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Philip K. Howard: Congress needs to clean out the stables of long-outdated laws

Government is broken. So what do we do about it? Angry voters are placing their hopes in outsider presidential candidates who promise to “make America great again” or lead a “political revolution.”
 

But new blood in the White House, by itself, is unlikely to fix things. Every president since Jimmy Carter has promised to rein in bureaucratic excess and bring government under control, to no effect: The federal government just steamed ahead. Red tape got thicker, the special-interest spigot stayed open, and new laws got piled onto old ones.

What’s broken is American law—a man-made mountain of outdated statutes and regulations. Bad laws trap daily decisions in legal concrete and are largely responsible for the U.S. government’s clunky ineptitude.

The villain here is Congress—a lazy institution that postures instead of performing its constitutional job to make sure that our laws actually work. All laws have unintended negative consequences, but Congress accepts old programs as if they were immortal. The buildup of federal law since World War II has been massive—about 15-fold. The failure of Congress to adapt old laws to new realities predictably causes public programs to fail in significant ways.

The excessive cost of American healthcare, for example, is baked into legal mandates that encourage unnecessary care and divert 30 percent of a healthcare dollar to administration. The 1965 law creating Medicare and Medicaid, which mandates fee-for-service reimbursement, has 140,000 reimbursement categories today and requires massive staffing to manage payment for each medical intervention, including giving an aspirin.

In education, compliance requirements keep piling up, diverting school resources to filling out forms and away from teaching students. Almost half the states now have more administrators and support personnel than teachers. One congressional mandate from 1975, to provide special-education services, has mutated into a bureaucratic monster that sops up more than 25 percent of the total K-12 budget, with little left over for early education or gifted programs.

Why is it so difficult for the U.S. to rebuild its decrepit infrastructure? Because getting permits for a project of any size requires hacking through a jungle of a dozen or more agencies with conflicting legal requirements. Environmental review should take a year, not a decade.

Most laws with budgetary impact eventually become obsolete, but Congress hardly ever reconsiders them. New Deal Farm subsidies had outlived their usefulness by 1940 but are still in place, costing taxpayers about $15 billion a year. For any construction project with federal funding, the 1931 Davis-Bacon law sets wages, as matter of law, for every category of worker.

Bringing U.S. law up-to-date would transform our society. Shedding unnecessary subsidies and ineffective regulations would enhance America’s competitiveness. Eliminating unnecessary paperwork and compliance activity would unleash individual initiative for making our schools, hospitals and businesses work better. Getting infrastructure projects going would add more than a million new jobs.

But Congress accepts these old laws as a state of nature. Once Democrats pass a new social program, they take offense at any suggestion to look back, conflating its virtuous purpose with the way it actually works. Republicans don’t talk much about fixing old laws either, except for symbolic votes to repeal  the Affordable Care Act. Mainly they just try to block new laws and regulations. Statutory overhauls occur so rarely as to be front-page news.

No one alive is making critical choices about managing the public sector. American democracy is largely directed by dead people—past members of Congress and former regulators who wrote all the laws and rules that dictate choices today, whether or not they still make sense.

Why is Congress so incapable of fixing old laws? Blame the Founding Fathers. To deter legislative overreach, the Constitution makes it hard to enact new laws, but it doesn’t provide a convenient way to fix existing ones. The same onerous process for passing a new law is required to amend or repeal old laws, with one additional hurdle: Existing programs are defended by armies of special interests.

Today it is too much of a political struggle, with too little likelihood of success, for members of Congress to revisit any major policy choice of the past. That’s why Congress can’t get rid of New Deal agricultural subsidies, 75 years after the crisis ended.

This isn’t the first time in history that law has gotten out of hand. Legal complexity tends to breed greater complexity, with paralytic effects. That is what happened with ancient Roman law, with European civil codes of the 18th Century, with inconsistent contract laws in American states in the first half of the 20th Century, and now with U.S. regulatory law.

The problem has always been solved, even in ancient times, by appointing a small group to propose simplified codes. Especially with our dysfunctional Congress, special commissions have the enormous political advantage of proposing complete new codes—with shared pain and common benefits—while providing legislators the plausible deniability of not themselves getting rid of some special-interest freebie.

History shows that these recodifications can have a transformative effect on society. That is what happened under the simplifying reforms of the Justinian code in Byzantium and the Napoleonic code after the French Revolution. In the U.S., the establishment of the Uniform Commercial Code in the 1950s was an important pillar of the postwar economic boom.

But Congress also needs new structures and new incentives to fix old law.

The best prod would be an amendment to the Constitution imposing a sunset—say, every 10 to 15 years—on all laws and regulations that have a budgetary impact. To prevent Congress from simply extending the law by blanket reauthorization, the amendment should also prohibit reauthorization until there has been a public review and recommendation by an independent commission of citizens.

Programs that are widely considered politically untouchable, such as Medicare and Social Security, are often the ones most in need of modernization—to adjust the age of eligibility for Social Security to account for longer life expectancy, for example, or to migrate public healthcare away from inefficient fee-for service reimbursement. The political sensitivity of these programs is why a mandatory sunset is essential; it would prevent Congress from continuing to kick the can down the road.

The internal rules of Congress must also be overhauled. Streamlined deliberation should be encouraged by making committee structures more coherent, and rules should be changed to let committees become mini-legislatures, with fewer procedural roadblocks, so that legislators can focus on keeping existing programs up-to-date.

Fixing broken government is already a central theme of this presidential campaign. It is what voters want and what our nation needs. A president who ran on a platform of clearing out obsolete law would have a mandate hard for Congress to ignore.
 

Philip K. Howard, a New York-based lawyer, civic leader and writer, is the founder of the advocacy group Common Good and the author, most recently, of The Rule of Nobody.

 

 

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'More than young and sweet'

"Mindful of you the sodden earth in spring,
And all the flowers that in the springtime grow,
And dusty roads, and thistles, and the slow
Rising of the round moon, all throats that sing
The summer through, and each departing wing,
And all the nests that the bared branches show,
And all winds that in any weather blow,
And all the storms that the four seasons bring.

You go no more on your exultant feet
Up paths that only mist and morning knew,
Or watch the wind, or listen to the beat
Of a bird's wings too high in air to view,—
But you were something more than young and sweet
And fair, —and the long year remembers you."


-- Edna St. Vincent Millay, "Mindful of You the Sodden Earth in Spring'

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New England's risky bet on a population explosion of casinos

By PEARL MACEK for ecoRI News (ecori.org) 

NEWPORT, R.I.

Walk through the automated doors at the Newport Grand Casino and the cacophonic sound of more than 1,000 slot machines greets you. As your ears become accustomed to the multiple layers of sounds, an inundation of vivid purples, blues, reds and yellows flash before you as each machine tries to entice potential players.

Slot machines called “Lucky Larry’s Lobstermania,” “Sex and the City” and “Cleopatra” seem innocent enough, but after you insert your money, a digital message gives you a hotline number to call if your gambling has become problem. Nearby, virtual blackjack dealers, big-breasted women with smiling faces, wait patiently inside their respective screens for real players.

It’s a Thursday evening and the crowd, mostly an elderly one, sits before colorful screens waiting to hit the jackpot. On this particular night, however, the casino isn’t anywhere near capacity, which is probably one of the reasons that the Twin River Management Group (TRMG) wants to close it.

TRMG operates Twin River Casino in Lincoln, a Hard Rock Hotel in Biloxi, Miss., and Arapahoe Park, a horse-racing track in Colorado. The management group officially announced that it had acquired Newport Grand last July, but it was already public knowledge that the company would seek to move Newport Grand’s gaming license to a new site, possibly in Tiverton, which seemed more open to hosting a destination casino.

“When we acquired Newport Grand we acquired it not thinking we would be able to do many things with it other than operate it as it was,” said John E. Taylor Jr., chairman of the board of directors of Twin River Worldwide Holdings, the parent company of TRMG, during a recent phone interview with ecoRI News. “But we wanted to see if there was a possibility that there was another community in a more advantageous location that might consider hosting a facility like this.”

Table games are considered by the gaming world as a vital way of attracting a larger, younger demographic, but twice Rhode Island voters, particularly Newport voters, said “no” to table games at Newport Grand. It seems the last majority “no” vote, in 2014, sealed Newport Grand’s fate.

Gambling with economy


The fiscal 2015 financial report of the Lottery Division of Rhode Island’s Department of Revenue states that $516,262,400 in revenue was generated by video lottery (slot) machines and $106,640,942 was generated by table games. Together, they make up 71.9 percent of the gaming industry in Rhode Island, which brought in a total of $867,054,081 during the last fiscal year.

Rhode Island’s gaming industry is the state’s third-largest revenue source.

Throughout the spring and summer of 2015, TRMG held a series of talks and charrettes in Tiverton to explain to residents the company’s design plans for the proposed casino. According to Taylor, residents seemed receptive to the idea.

“We thought that the market could support 1,000 machines, comparable to the number that they have at Newport Grand, and we thought about 30 table games could be supported,” he said. “But what we told the residents is that we’re having this conversation to see what else you would feel comfortable with.”

In early November of last year, TRMG presented its plan to the Tiverton Town Council: a two-story, 85,000-square-foot facility with an attached 84-room hotel and 1,100 surface parking spaces. The proposed casino would be set on 23 acres on a 45-acre parcel just off Stafford Road and 400 feet from the Massachusetts border.

From this location, it’s a 50-minute drive to Plainridge Park Casino, in Plainville, Mass., and 30 and 43 minutes from Taunton and Brockton, respectively, where two casinos are slated to be built. A $1.7 billion Wynn Boston Harbor casino in Everett also has been proposed.

Taylor said TRMG isn’t too worried about the possibility of three more casinos opening in the area. “Convenience is critical,” he said. “The more convenient that we can make it for people to get to, the better.”

The proposed Tiverton casino would employ between 525 and 600 employees, according to Taylor, and all of Newport Grand’s 175 employees would have the opportunity to work at the casino in Tiverton.

Voters to decide


Earlier this year, both chambers of the General Assembly overwhelmingly approved legislation to give Rhode Island residents the opportunity to vote for or against a Tiverton casino. The legislation was signed by Gov. Gina Raimondo the next day. Questions regarding the casino will be put on the November ballot. The proposal will have to receive a majority “yes” vote from both state voters and Tiverton residents.

Should the ballot questions win approval, the state would receive 15.5 percent of table revenues and 61 percent of video-lottery terminals (VLTs), from both from the new Tiverton casino and Twin River. The legislation would also guarantee each host community $3 million annually from the casinos.

“They (casinos) have been, up to this point, considered to be a real success story, but I do consider the fact that they are such a large part of our state’s revenue to be a real issue for worry and to some extent, a failure of Rhode Island to really get its growth-oriented sectors going,” said Leonard Lardaro, an economics professor at the University of Rhode Island. “What we’re looking at, and I think it is important to put it in this context, is that the gambling industry is very over supplied, very, very oversupplied.”

Patrick Kelly is the chair of the department of accountancy at Providence College. He has studied casinos and their social and economic effects, specifically in the southeastern Connecticut region. Kelly said that in the coming years “there is going to be a lot more commitment to casinos for revenue and jobs,” not just in the Northeast but throughout the United States. He said that is a concern.

By 2018 he expects to see some 60 casinos along the Route 95 corridor between Maine and Maryland, including three or four in Massachusetts, two in Rhode Island and two or three in Connecticut. Kelly said this will ultimately lead to market saturation, but a greater concern of his are the social costs related to having so many casinos, such as problem gambling and an increase in criminal behavior to support gambling addiction.

 

About 3 percent of the U.S. population is addicted to gambling, while others are hooked by the lure of tax revenue and an economic rescue. (istock)

Addicted to gambling


Tawny Solmere is the director of Problem Gambling Services of Rhode Island (PGSRI). She said that between 1 percent and 3 percent of the U.S. population has a gambling problem, “so that means, with the census of Rhode Island, that we are looking at between 10,000 and 30,00 people” who have problems with gambling.

PGSRI is a hotline service. When people call, they are referred to a counselor at one of the six behavioral health-care clinics run by the nonprofit CODAC Behavioral Healthcare. The lottery subsidizes PGSRI, but Solmere said more help from the state would be welcomed, especially if the casino industry continues to expand.

She noted that co-dependencies, such as drug and alcohol abuse, tend to accompany gambling addiction. But there is an aspect to problem gambling that is particularly egregious. “This disorder, problem gambling, has the highest rate of suicide than any other addiction,” Solmere said.

Solmere said PGSRI and CODAC are neither for nor against casinos, but she is worried that unless more is done to help those with gambling addiction, the situation could easily spiral out of control.

“If we don’t get the resources to meet that need, Rhode Island is going to have an epidemic equal to the heroin epidemic we are looking at now,” she said. “It’s a scary prospect.”

Rep. John Edwards, D-Tiverton, said building the casino in Tiverton “just makes sense” and will offer local residents a large number of employment opportunities. As far as gambling addiction, he said, “You worry a little bit about that,” but, “if they are going to gamble, they are going to gamble somewhere.

“I think that it will be an asset for the Tiverton and the whole East Bay area.”

George Medeiros, a longtime Tiverton resident and owner of Tiverton Sign Shop, agreed. “It’s just something for this area,” he said during a recent phone interview. He noted that there is little to attract people to Tiverton, and for it’s residents, there are few dining and entertainment options.

“For me to get a pizza right now, I would have to go to Fall River or the other side of Tiverton,” Medeiros said.

He said he isn’t worried about traffic congestion, as the casino will be located just off the Route 24 ramp, and according to a TRMG press release from November 2015, the Rhode Island Department of Transportation is planning to build a roundabout on Canning Boulevard with a dedicated turn lane into the proposed casino.

The only thing that worries Medeiros is if the proposed casino in Taunton opens before the Tiverton casino. “They might not be fast enough,” he said.

Brett Pelletier is a member of the Tiverton Town Council and the only one to oppose putting questions about the casino on the November ballot. He also was the only council member to respond to an ecoRI News request for comment.

Pelletier, who is a real-estate analyst with a consulting firm in Boston, was appointed to a Town Council subcommittee to vet the casino legislation and provide feedback before it went to the General Assembly.

“Every time that the meeting was meant to take place, it was canceled for one reason or another,” he said. “We never actually met.”

In regards to Rhode Island’s dependency on the gaming industry, Pelletier said, “I think that it’s an atrocious way to run a government, preying on people who have an unjustified hope that they will strike it rich at a casino.”

Economic impact


The Brockton and Taunton casinos are scheduled to be built by the end of 2018. TRMG has taken the possibility of those facilities opening by then into consideration in its gaming market study.

The company has included four different scenarios, including the Brockton casino entering the market but Taunton doesn’t. The report estimates $127.6 million in revenue if that were to happen. If neither of those casinos opened, the report estimates $147.9 million in revenue for the Tiverton facility.

TRMG has worked closely with the Rhode Island Department of Environmental Management to identify developable land, according to the company, and it hired the firm Natural Resources Services Inc. to suggest mitigation plans for any adverse impact on local wildlife.

Rachel Calabro, a community organizer at Save The Bay, said the Providence-based nonprofit has yet to look deeply into the possible environmental effects of a Tiverton casino. She has seen the plans for the site and suggested that they reduce the amount of parking surface area by building a garage instead. The amount of concrete surface space initially suggested for the casino could lead to serious flooding issues, Calabro said.

She also suggested the installation of solar panels.

Casinos in Tiverton, Taunton and Brockton could certainly become go-to destinations, but the continued reliance on this revenue raises legitimate questions: Can the Rhode Island gaming industry continue to be a leading revenue source given the inevitable construction of more casinos in Connecticut and Massachusetts? Will the gaming industry last and will it be worth the social costs?

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A bright joke

The brightness (almost blinding) of  the sun-on-snow this far into what had been a very warm early spring produced exhilarating effects this morning, until you considered the dead flowers and frozen tree buds.  But snow is a remarkably good insulator and so some of the flowers just pushing up through the ground will survive this meteorological bad joke.

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