JAMES MADISON AND OPEN GOVERNMENT

Photo from Wikipedia

“A popular government without popular information, or means of acquiring it, is but a Prologue to a Farce or a Tragedy, or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors must arm them selves with the power which knowledge gives.” James Madison

As we enter a new year and a new administration, I would like to congratulate Tom Henry and his new team. He will face many issues – some of them divisive and some of them ordinary and routine. We live in a great city, and it has the potential to be greater. But that greatness requires citizen participation, not just complaining, and it requires open government.

In the last administration, Harrison Square was a divisive issue, and looming on the horizon is the North River project – another project which has already stirred heated debate. The Richard administration, by not exercising the option on the project, transferred the decision of the North River project into the Henry administration for further study and decision. Mayor Henry now has six additional months to work with the terms of the existing contract and review the condition of the property.

The Henry administration has the opportunity to step forward and assuage the public’s concerns about the environmental clean-up issues surrounding the property’s condition. The additional six months should be used to assess the public safety issues involved with the clean-up, if needed, of the OmniSource property as well as whether such a clean-up should be the responsibility of the owners of the property. Confidentiality clauses may prevent the administration from releasing the study results; they surely do not prevent the administration from assuring the public that our tax dollars will not be used as clean-up funds.

The James Madison quote with which I began this post is one which I hope Fort Wayne citizens take to heart in searching for information and using that information to participate, not just complain, in our city’s growth and future advancement. I also hope that our city officials take the guidance of James Madison to heart in providing that information.

NORTH RIVER OPTION EXTENDED – AND, AT NO COST

The North River project option runs out tomorrow, December 31, 2007. But the Omni Source land deal is still in the works aided by the benevolence of the owners of the property. OmniSource has decided to extend the option on the land for six months until June 2008 at no additional cost to the city.

In my view, the OmniSource property suffers from two negatives: 1) the potential of toxic and/or hazardous materials lying beneath its surface, and, 2) the location of the property in a floodplain. The Allen County iMAP site shows the property as located in a floodplain and not the actual floodway. While the property is located outside the floodway itself, it falls completely within the floodplain. I would hope that the county’s iMAP is accurate and kept current.

On the issue of toxic or hazardous materials, Deputy Director of Community Development Greg Leatherman has indicated that the city has tested the land for metals and other residue that could be left over from when the land served as a scrap metal yard. However, he has also declined to reveal the results of the study because of confidentiality clauses in the option.

I am assuming the extension of the option contract carries the same terms as the option as originally signed – that would include the confidentiality clauses. This is nothing more than wiggle room for OmniSource and the city to delay releasing the results of the study. And, why would OmniSource need confidentiality clauses in the option if they didn’t think or know toxic materials were present? If the land is “clean”, why would they have to worry about keeping the results from the public?

Leatherman also added, “It’s going to be made public at some point.” The phrase “at some point” is ambiguous and could mean after the purchase if the purchase does, indeed, occur.

Why would OmniSource extend the lease without any additional payment? Two reasons come quickly to mind. First, the property is contaminated and OmniSource knows it, and, second, no one else wants to purchase the property. The city is, apparently, the only one interested in the property.

The public has a right to know “what lies beneath” the surface of the OmniSource property. No “ands, ifs, or buts” about it. The public also has the right to know how the location of the property in a floodplain could impact any materials beneath the surface of the property. Falling back on confidentiality clauses is not an answer the public needs to hear.

And, the public needs to know now before the process continues. If confidentiality clauses are the only roadblock to releasing the study, then the city should have re-negotiated any additional option without the relevant confidentiality clause. The city might have incurred new expenses, but it would certainly be cheaper in the long-run to know upfront the hazardous nature of the property and its potential for flooding before going forward with the purchase.

I supported Harrison Square, and I wholeheartedly support downtown revitalization but not at the potential hazard to the public’s health. Maybe there isn’t anything to the study, but how do we, as the public, know that unless we are allowed to see the study? I get the sense that stonewalling is occurring and that is not good open government.

From the website “NorthRiver Now”

BENAZIR BHUTTO ASSASSINATED – PAKISTAN IN PANDEMONIUM

Former Pakistani Prime Minister, Benazir Bhutto, was assassinated today at a political rally in Rawalpindi, Pakistan. Bhutto had returned to Pakistan only two months ago from exile, stirring debate and increased unrest in an already tumultuous Pakistan. At her October 18th homecoming reception in the port city of Karachi, bombing attacks killed 140 people, but Bhutto was not harmed.

Bhutto, 54, was shot at close range as she waved to the crowd from an opening in the roof of her car. A few seconds later, a suicide bomber blew himself up killing 20 people in the crowd.

Bhutto’s death comes 12 days before Pakistanis are set to vote in national parliamentary elections, which have already been marked by enormous political turmoil. Bhutto was running for Parliament, and her Pakistan Peoples Party was expected to win enough seats for her to become prime minister.

Photos – John Moore, CNN

At a different pre-election rally on Thursday, a rooftop sniper opened fire on supporters of former prime minister Nawaz Sharif leaving four dead and at least five injured. Sharif, also a former prime minister, went to the hospital where Bhutto had died to pay his respects.

President Musharraf has already begun talking about postponing the January elections, something he tried just last month when he suspended the Constitution. He met with such resistance that he changed his mind.

Pakistan is now thrust into even more chaos than it was before. Both Bhutto and Sharif were running for government offices. Bhutto is now out of the way – how much longer will it be before Sharif is assassinated as well, leaving Musharraf with little or no opposition.

Pakistan is a nation with nuclear weapons, a power hungry president, and terrorist factions – a recipe for disaster. While we have spent the past five years embroiled in Iraq, Pakistan has become more and more volatile.

Perhaps now President Bush will pull his head out of the Iraqi sand and think about the rest of the world.

ARMS SUPPLIERS: THE REAL “WEAPONS” OF MASS DESTRUCTION

As George W. Bush’s dreams of finding weapons of mass destruction in Iraq faded away, his reasons for toppling Saddam Hussein changed on an almost daily basis. The weapons of mass destruction he had worked so hard to delude the world into believing existed in Iraq included nuclear arms, biological weapons, and chemical weapons. The sought after but never found weapons are called weapons of mass destruction because they are capable of killing large numbers of people.

But, where is the hue and cry about the true weapons of mass destruction – those weapons such as assault weapons and other smaller firearms traded in the international market? Arms suppliers play a game of oneupmanship – you sell to my enemies and my allies’ enemies, and I will sell to your enemies and your allies’ enemies. And, if the situation changes, I will sell to those who were once my enemies because they are now your enemies and are now my allies. And on and on and on – the madness never ends.

The arms trade is a deadly, corrupt business. It supports conflict and human rights abusing regimes around the world while squandering valuable resources. It does this with the full support of governments around the world with the majority of small arms and light weapon production facilities operating legally with the consent of a host state. The point at which a weapon becomes part of the illicit trade, therefore, takes place after the weapon has left the factory.

Legal small arms and light weapon producers range from large state-owned companies, which manufacture a wide range of small arms and light weapons; to large, privately owned companies; to small, specialist producers of weapons. Since the end of the Second World War, tens of millions of people have been killed by these conventional weapons – weapons which do not incorporate toxic chemical, biological, or nuclear payloads. Conventional weapons, those that can be transported, managed, and carried by a single individual, consist mostly of small arms such as hand guns, pistols, rifles, sub-machine guns, mortars, landmines, grenades, rocket-propelled grenade launchers, and light missiles.

However, sales of advanced weaponry – fighter jets and high-tech electronics, sophisticated long-range artillery and warships, and “weapons of mass destruction” – tend to receive the most press coverage. Yet, these costly, sophisticated weapons have not proved as deadly as ordinary guns and grenades that are easy to buy, easy to ship, and easy to use.

Small arms – image from Wikipedia

Since 1992, the United States has exported more than $142 billion dollars worth of weaponry to states around the world. U.S. weapons sales help outfit non-democratic regimes, soldiers who commit gross human rights abuses against their citizens and citizens of other countries, and forces in unstable regions on the verge of, in the middle of, or recovering from conflict. The United States supplied arms or military technology to more than 92% of the conflicts under way in 1999.

A report from the Congressional Research Service (CSR) indicates that from 2001-2004, the United States and Russia have dominated the arms market in the developing world, with the United States ranking first and Russia second each of the last four years in the value of arms transfer agreements. From 2001-2004, the United States made $29.8 billion in arms transfer agreements with developing nations, in constant 2004 dollars, 39.9% of all such agreements. Russia, the second leading supplier during this period, made $21.7 billion in arms transfer agreements, or 29.1%.

The real weapons of “mass destruction” are not chemical, nuclear, or biological. The true weapons of mass destruction are the arms suppliers of the world – whether it be the United States, Russia, or any other government that makes money from selling these instruments of death.

They are the major arms players in the international market of conflict and death. Focusing on the chemical, nuclear, and biological aspect of weaponry simply deflects attention from a profitable and lucrative business aimed at instigating conflict and keeping alive the game of oneupmanship.

What a pity that governments speak out of both sides of their mouths – praising peace and entering accords all the while shipping massive amounts of small arms which keep the world in a perpetual struggle to the death.

 

THE CHRISTMAS TRUCE – IMAGINE A WORLD OF PEACE

Miracles do happen every so often – even in battle. For those soldiers locked in fierce combat near Ypres in the Ypres salient region of Belgium, that miracle was the Christmas Truce of December 24, 1914. The United States had not yet entered World War I and would not do so until 1917.

The British and German troops were mired in heavy mud, biting cold, barbed-wire boundaries, and water-logged trenches. And despair. The war was supposed to be short, but already predictions were being made that it would drag on for months, if not years. Casualties had been heavy – hundreds of thousands had already died since the beginning of the fighting in August. Soldiers on both sides of the battle field – some not more than 60 yards from each other – were weary and dispirited. And, it was Christmas Eve, the night before the birth of the Saviour who would be known as the “Prince of Peace.”

The soldiers had received bits and pieces from their homelands for their muddy Christmas celebration. Soldiers on both sides received boxes of tobacco and food prepared by their governments, but logistics gave the Germans an edge on gifts from home. The British were separated from their homeland by the English Channel and 60 miles of battlefield. The Germans were close to their homeland borders with no intervening natural obstacles. With a direct line to their homeland, the Germans were able to receive small Christmas trees and candles – items which brought the smell of pine and the soft glow of light to their battle-trench celebration.

Perhaps weary of the fighting and longing to go home, perhaps disillusioned by the commands that had brought them to this front, but for whatever reasons given, the Germans began setting the small trees and lighted candles on their parapets – the low earth and stone ridges erected to protect them from the British. Christmas carols were not far behind, and, although the words were of a foreign tongue, the tunes were familiar to British ears.

They watched, and they listened. And, after a while, they began singing too. Amid continuing shouts back and forth of Christmas tidings, the troops became emboldened. By Christmas morning, the “no man’s land” between the trenches was filled with British and German soldiers, sharing gifts and rations and singing. They kicked around a football, which developed into a real match. The unsanctioned but heart-felt truce lasted until around New Year’s Day when, under the threat of court marital, commanders ordered their troops back to combat.

Shaking hands and parting, the Germans and British trudged back to their sodden trenches to begin the killing of those who, only hours earlier had shared in a celebration common to them as Christians. The Great War would stretch on through another three Christmases and beyond, until the Armistice signed on November 11, 1918. In all, 8 1/2 million would die and 21 million more would be wounded.

But, for a short period of time, political philosophies and divisive nationalities were put aside to celebrate the true meaning of Christmas – the birth of the Prince of Peace.

Image from firstworldwar. com

A minor Scottish poet of the Great War vintage, Frederick Niven, closed his “A Carol from Flanders” with the following lines:

O ye who read this truthful rime

From Flanders, kneel and say:

God speed the time when every day

Shall be as Christmas Day.

My wish – although many see it as naive – is contained in the following version of “Someday at Christmas” by Mary J. Blige. The song says it all, and as silly as it may seem to many, I will never give up on this wish.

Merry Christmas to all.

DEMOCRATS FOLD AGAIN

The Democrats – the Senate Democrats that is – caved again. The madness of funding for the Iraqi war continues as the Senate voted to provide $70 billion dollars in additional money to keep the war dragging on for a while longer. In rapid succession, the Senate cast two votes Tuesday night to approve the hybrid spending bill. By a 70-25 vote, the Senate approved the Iraq and Afghanistan war funds – without restrictions that Democrats had insisted on for weeks.

Democrats again failed to win votes to force removal of U.S. troops or set a non binding target to remove most troops by the end of next year. The defense policy bill, approved 90-3 by the Senate, also expanded the size of the U.S. Army and set conditions on the Bush administration’s plan to build a missile defense system in Europe. The Bill now goes to a conference committee to work out differences, then on to the President for signature. And he will sign it. After all, the criteria setting deadlines for removal of troops didn’t fly again.

In May, a $120 billion war spending bill was sent to the White House which abandoned the call for most U.S. troops to leave Iraq after an earlier veto by President Bush.  So far this calendar year, the President has been given $190 billion dollars to continue with his misguided policies in the Middle East.

To date the Iraq war has cost us almost $480 billion dollars -

• $275 million per day,
• $4,100 per household,
• Almost 4,000 U.S. soldiers killed,
• more than 60,000 wounded,
• 700,000 Iraqis killed, and
• 4 million refugees

GAO Accounting Report (2006) – The last two columns are estimates based on past spending but were calculated prior to the recent $120 billion dollar request.

And yet, no one has the guts to stop the insanity that George W. Bush began with his “shock and awe” in March 2003. What a shame, and what a travesty to the American and Iraqi people. We now have a war which appears to have no end and no chance of creating Bush’s fantasy dream of a democratized Middle East.

 

 

THE 300 – WHICH ONE TO CHOOSE

A 71-year-old Angola man with medical problems was arrested Saturday after he threatened tree trimmers with an unloaded shotgun. The tree trimmers worked for a company with which NIPSCO had contracted to remove trees in NIPSCO’s right of way. What a decision to make – which one of 300 weapons to be chosen to strike the fear of God into tree trimmers trying to do their job.

After arriving at the jail, police and prosecutors determined that the man’s health problems required immediate medical attention, and he was taken to a hospital in Fort Wayne. Officers remaining at the man’s house went inside the home to make sure no one else was inside and found about 300 guns and more than a million rounds of ammunition.

The weapons were legal, and police got a search warrant to allow them to take the weapons from the home and store them safely until the man’s family can get them. Wonder what the family will do with 300 guns and a million rounds of ammunition?

No one has any business with 300 weapons and a million rounds of ammunition. Apparently, the man is sick – probably both mentally and physically. But how does one go about collecting that many weapons? But not surprisingly, nearly 40 percent of all the world’s civilian firearms are owned by U.S. citizens.

According to Graduate Institute of International Studies in Geneva, U.S. citizens own 270 million firearms making it the world’s most heavily armed society – 90 guns for every 100 U.S. residents.

Proponents of the right to bear arms constantly harp about gun control. What gun control? Obviously, if the United States is the most heavily armed society in the world, gun control sure hasn’t been an issue. And, gun ownership sure hasn’t protected U.S. citizens.

SPRAWLING INTO OUR FARMLANDS

Americans are getting greedier and greedier when it comes to the size of their properties. Over the past 20 years, the acreage per person for new subdivision housing almost doubled; since 1994, 10+ acre housing lots have accounted for 55 percent of the land developed. And where is the land coming from? From our agricultural areas. Farm and ranch land is desirable for building because it tends to be flat, well drained, and affordable with our best agricultural soils being developed the fastest.

Urban sprawl is devouring farmland at the rate of 2 acres per minute, 24 hours a day. Urban-influenced areas are in the path of our food production with 86% of our fruits and vegetables and 63% of our dairy products produced in urban-influenced areas. From 1982-1997, U.S. population grew by 17 percent, while urbanized land grew by 47 percent. It has to stop.

 

 

 

In Allen County, the proposed “Conceptual Development Map” – build out – is shown below. The Map reveals a major flaw in subdivision control. Once an interstate or a bypass has been built, the impetus is to build out to that ring. And, the new ordinances do nothing to control formal subdivision expansions.

However, much to their credit, the Allen County Commissioners recently approved changes in the county’s land use ordinances – as well they should. The new ordinances, which go into effect in February 2008, limit the ability of a landowner to sell property from a “root” parcel to just one split per year. The new ordinances are meant to mesh with Plan-It Allen, the new county wide comprehensive plan that is only advisory in nature and which was approved earlier this year.

The new ordinances do not stop the process of formal platting and review for housing developments or commercial property; they are meant to control those sell-offs from individuals who are selling a piece at a time. During a 10-year span, about 18,000 acres in Allen County were sold or divided without any review or formal platting. During that same period, 8,200 acres were put through a formal plat process that included staff review and board approval. Total consumption of land – 26,200 acres.

The new ordinances are a start, but they do not slow down the rampant development of housing subdivision developments and commercial developments. That would take real guts – taking on the real estate profession, the developers, and the contractors who profit from the continued sprawl into Allen County farmlands. Let’s hope that the Commissioners will wake up and see the necessity of controlling those forms of development as well as the smaller sell offs.

SUPREME COURT SAYS JUDGES CAN USE DISCRETION – FEDERAL SENTENCING GUIDELINES ARE ADVISORY NOT MANDATORY

The United States Supreme Court on Monday decided that judges may use discretion in imposing sentences in federal drug cases.  In Kimbrough v. United States, ___ U.S. ___ (2007), the Supreme Court fell in step with the U.S. Sentencing Commission which earlier this year adopted guidelines that subtantially lessen the disparity between sentences for powedered cocaine and crack cocaine.  Federal sentencing guidelines imposed the same sentence for a crack dealer as for someone selling 100 times as much powder cocaine.

African-Americans were nearly 82 percent of defendants sentenced in federal court for dealing crack, but only 27 percent of those sentenced for dealing powder cocaine, according to 2006 federal statistics. 

The disparity had been challenged by civil rights groups because crack cocaine is most often used by blacks, while powder coacaine is most often used by whites.  The Court avoided the issue racial disparity by finding that the guidelines were not mandatory but rather “advisory” in nature.  The Court’s decision is seen as a major victory for defendants as well as federal district judges who can now use discretion in sentencing now that the guidelines have been found to be advisory rather than mandatory.

A pile of crack cocaine

Photo from U.S. Drug Enforcement Agency

The sentencing commission is scheduled to vote Tuesday on whether to make those guidelines retroactive for prisoners convicted in the past of crack dealing.  If the guidelines are retroactive, almost 20,000 inmates could be eligible for shorter sentences under the proposed changes.

LAMBERT FOUND COMPETENT TO STAND TRIAL

Alexander was a mere three weeks old when his father, Jason Lambert, decided to end Alexander’s young life in August.  Police and medics were called to Lambert’s apartment where they found Alexander dead.  The Allen County coroner ruled the death a homicide caused by multiple blunt-force trauma.  In layman’s words, Alexander was beaten to death.  An autopsy revealed that Alexander had a broken leg which caused internal bleeding as well as bleeding in his brain.

Lambert was charged with the murder, neglect of a dependent, and battery a few days after Alexander’s death, and, in September, Lambert’s attorney filed notice that the insanity defense would be pursued.  The court appointed two mental health experts who examined Lambert and found him competent to stand trial.   Lambert still must convince the jury that he was insane at the time of the alleged murder.  Lambert’s trial is scheduled for February but look for other delays before Lambert gets his day in court.