Tag Archives: VTDigger

Our still-broken inpatient psychiatric system

One of journalism’s highest purposes is to lance the boils of society — to expose unpleasant truths that everybody is doing their best to ignore.

A prime example appears on VTDigger today: a story by Morgan True about the continuing problems in the state’s psychiatric care system, and particularly the brand shiny new state hospital in Berlin.

Among the key points:

— Even after the facility’s opening, some psychiatric patients have found themselves parked in emergency rooms for days or even weeks.

— There have been 59 documented attacks by patients on hospital staff, some resulting in significant injuries.

— The hospital houses a couple dozen of the most severely ill people in Vermont. Many have been convicted of violent felonies. One doctor told True that the hospital is “one of the most dangerous workplaces in Vermont.”

— State law strictly limits the restraint or medication of patients against their will. Even the most violent.

— In part because of this dangerous work environment, the hospital has been consistently understaffed since its opening. As a result, it has yet to operate at full capacity.

Which brings us back to point one: several months after the hospital’s opening, severely mentally ill people are still being warehoused in ERs.

This is a whole lotta bad stuff. It shows a mental health care system that’s still functioning poorly even after the Shumlin Administration’s entire plan has been put in place.

The Department of Mental Health, for its part, seems to be taking a remarkably lax and unforthcoming attitude toward the situation. DMH knows the total number of attacks on staff, but it won’t release any information on staff injuries.

And according to DMH Deputy Commissioner Frank Reed, the department “has not tried to compare the number of violent incidents at VPCH to other psychiatric hospitals.”

Well, why the hell not? I’d think you’d want to know whether our problems are unique, or simply the natural consequence of caring for the most severely mentally ill.

Reed also flunks the transparency test when it comes to waiting times in hospital emergency rooms. He says average wait times have decreased, but…

Reed was unable to provide documentation of average wait times, saying those figures are still being “pulled together.” The numbers will be presented to a legislative oversight committee in January.

Perhaps Mr. True should apologize for inquiring at an inopportune time. But it shouldn’t be that hard to assemble those numbers. Indeed, I’d expect a Department that’s doing its job to compile those figures on an ongoing basis.

In fact, I’d be very surprised if DMH doesn’t have the numbers already. It’s Management 101, isn’t it? Keep track of your most important statistical markers?

True’s report raises all kinds of questions about state law, the Shumlin Administration’s concept of a mental health care system, and how many resources were spent trying to develop a system that was undersized from the start. DMH officials are talking about supplementing the system with a new 14-bed secure residential facility, but acknowledge that it’ll be a tough sell when lawmakers are under the gun to cut the budget. DMH may have already squandered its best opportunity to create a good system.

And please don’t insult me with the “No one could have foreseen” excuse. The people responsible for inpatient care were all saying the same thing after Irene: the Shumlin Administration’s plan was so bare-bones that it was almost doomed to fail. While their advice was ignored, how many millions did the Administration spend on inadequate plans, patchwork facilities, and extra costs? (One example: according to True, the state has paid more than $1 million since 2012 for sheriff’s deputies to monitor psychiatric patients in hospital ERs.)

And it turns out, to the surprise of no one who works in the field, that a 24-bed hospital costs nearly as much to run as the old 50-bed facility, and costs more on a per-bed basis because the foundational staffing needs are so high.

And, given that the new hospital has some of the same kinds of problems as the old one, I have to ask if our laws are out of whack. I mean, look: We’re talking about the two dozen  sickest people in Vermont, many of them violently, dangerously sick. The restrictions on restraint or medication without patient approval may be the best thing for the vast majority of patients; I believe different standards should apply to the very sickest. They are the ones least capable of exercising sound judgment, and most capable of inflicting harm on staff or fellow patients.

One commonality between the old hospital and the new is our strongly patient-centric laws. It seems clear to me that those laws are on point for the vast majority of patients, but that there should be a different standard for patients in the state hospital.

Phil Scott unsubtly launches Campaign 2016

So, whatcha gonna do to celebrate The New Biennium on January 7?

Well, if you’re Lt. Gov. Phil Scott, you’re going to do what no Lite-Guv has ever done and what he specifically has never come close to doing: you’re promoting your own policy agenda.

On the legislature’s Opening Day, when all eyes are on Montpelier, Scott is hosting a pitch session for, in the words of VTDigger’s Anne Galloway,

…business people of all stripes to pitch ideas about how to rejuvenate Vermont’s economy. Each person gets 5 minutes to tell lawmakers what they could do to help businesses thrive in Vermont.

The pitch session, billed as “Priority #1 on Day One,” will be from 4 p.m. to 5:30 p.m. at the Capitol Plaza Hotel in Montpelier and will be followed by a reception.

“A reception” at which, I’m sure, donations will be cheerfully accepted.

But beyond that, Scott is spotlighting his own prescription for what ails Vermont, and making an absolutely unapologetic pitch of his own — for the support of the state’s business community. He is positioning himself as the business community’s advocate in Montpelier.

Has he ever done anything like this before? Nope.

Is there any doubt that his decisive victory over Dean Corren and the scent of gubernatorial blood in the water has awakened Mr. Nice Guy’s inner predator? Nope.

And while “business people of all stripes” are invited (bring your checkbooks!), look at the list of business groups already lined up for five-minute pitches:

Vermont Chamber of Commerce

Lake Champlain Regional Chamber of Commerce

Vermont Technology Alliance

Vermont Retail and Grocers’ Association

Vermont Businesses for Social Responsibility

Associated Industries of Vermont

Vermont Association of Chamber of Commerce Executives

FreshTracks Capital

Vermont Sustainable Jobs Fund

Associated General Contractors

Vermont Ski Areas Association

Vermont Association of Realtors

That list includes a few good guys — VBSR, Sustainable Jobs Fund, Fresh Tracks — plus all the usual business-community power brokers. Gee, I wonder what they’ll say.

Also, there are strong signs that the “centrist” forces for growth and affordability are aligning themselves. First, although Phil Scott is the headliner, the event’s sponsor is Vision to Action Vermont, the pro-business advocacy group led by outgoing Rep. Paul Ralston (D-Middlebury) and continuing Rep. Heidi Scheuermann (R-Stowe).

(Whaddya think? Scott/Scheuermann 2016, anyone?)

The latter chimes in herself in the Comments section below Galloway’s story:

This is just the beginning, we hope, of a legislative session that will have, as its primary focus, the health of our state’s economy. …Frankly, we want all to become engaged and will provide many other opportunities to do so.

Ah. A series of dog-and-pony shows designed to highlight an alternative to the Democrats’ agenda. That’s smart politics. Much better than the formulaic naysaying of past years.

Aside from V2AVT’s sponsorship, there’s also the latest manifesto from ex-Wall Street panjandrum (and co-founder of Campaign for Vermont) Bruce Lisman, echoing the affordability call from Scott and V2AVT. In Lisman’s own self-congratulatory way.

Affordability is a renewed slogan that has recently found its way into the vocabulary of Gov. Shumlin and some members of the Legislature.

Finally, the Democrats are awakening to the wisdom of Bruce Lisman!

Uncle Brucie’s version of the affordability crisis focuses almost entirely on the perceived failings of state government. There’s some truth to that, but national factors play a much bigger role. Stuff like our putrid economic recovery, decades of stagnant purchasing power among the middle and working classes, the rapid accumulation of wealth in the top one percent.

But this post isn’t about the convenient blind spots of Bruce Lisman. It’s about the fact that the forces of “centrist” Republicanism are loudly singing the same tune: Affordability, defined primarily in terms of boosting business. Not defined in terms of using government to counteract the economic forces beating down average Vermonters and help them work their way through an economy that’s rigged against them.

One other thing: all this activity is taking place without mention of, or participation by, Scott Milne. He is, after all, still running for governor, and he technically has the support of Republican lawmakers. But as usual, when it comes to planning their agenda, Milne has no seat at the VTGOP table. He is nothing more than a convenient stick to beat the Democrats with, and he will be discarded as soon as he stops being a useful tool.

Shumlin waves the white flag

The governor’s number-one public policy goal is no more.

At a news conference today, Governor Shumlin pulled single payer health care off the table, saying the numbers simply don’t add up. Instead, he promised a continued effort to improve access to, and lower the cost of, health care in Vermont.

“This is the greatest disappointment of my political life,” he said, and that nails it. Single payer was one of the foundations of his initial run for governor in 2010. His promise to push for single payer set him apart in a crowded Democratic field and helped overcome doubts about his liberal bona fides.  That promise kept the Progressive Party on the sidelines in 2012 and 2014.

And now, it’s not gonna happen.

Oh, he promised a continued fight for a fairer and more accessible system, starting with the 2015 legislative session. But single payer is out until further notice. When asked, “If not in 2017, when?” he only answered in generalities.

As for the timing of the announcement, only six weeks after the election, Shumlin claimed that his team had just finished working the numbers last Friday and confirmed the bad news on Monday.

The numbers were unacceptably bad. Morgan True of VTDigger had reported that the financing mechanism would be based on an 8% payroll tax and a consumer premium imposed on a sliding scale. But the way the numbers shook out, the actual payroll tax would have to be more like 11.5%, and the premiums would have to be higher than expected. The result could punish the economy and leave many Vermonters with higher health care costs.

He cited several factors that moved single payer out of reach. Federal subsidies were not going to be as generous as hoped. The sluggish economic recovery meant fewer dollars coming into the treasury. That had led to state cuts in Medicaid payments that reduced federal support.

Also, the administration had decided a three-year phase-in for small businesses that don’t currently provide insurance was necessary to cushion the shock of a payroll tax. That phase-in meant substantially lower payroll tax revenue for the first three years.

Shumlin was clearly sensitive to the concerns of the business community. That, and his woodshedding in the November election. He saw single payer as a huge gamble that he was unlikely to win, and now is not the time to stick his neck out.

He also acknowledged that the troubled rollout of Vermont Health Connect cost him credibility on building a new health care system. “We must show we can deliver,” he said. “Vermonters have reason to question us, given the troubles with Vermont Health Connect.”

He emphasized all the hard work that’s been done to create Vermont Health Connect, bend down the cost curve, and lay the groundwork for a better system. And he promised a continued, all-out effort to improve the system. But single payer was his signature deal, and now he’s had to forego it.

Even if the delay is relatively brief — say, two years — single payer is almost certainly unattainable during his tenure in office.  The failure of single payer will be a big part of his legacy, and will significantly hamstring his ability to win back liberal and Progressive voters who’ve been skeptical of him.

Fair or not, today’s announcement confirms that skepticism. Let’s accept that the numbers are honest and the timing was just the way things worked out. Even so, the optics are bad.

There are many liberals who never believed Shumlin was serious about single payer. They will see their cynicism as confirmed.

This retreat will also lend great comfort to the foes of health care reform. A determined Democratic governor, with all the resources he could want, spent three years researching single payer, only to conclude that it wouldn’t work. The revised cost estimate for single payer — $2.6 billion a year — is almost exactly what Wendy Wilton, then-Republican candidate for Treasurer, estimated two years ago.

And the abandonment of single payer strips the governor of his signature issue. Aside from Tropical Storm Irene, his administration has been marked by incremental gains on a number of issues and blocking tax hikes. There haven’t been any high-profile accomplishments — which is why one of Shumlin’s re-election ads focused on GMO labeling, an issue he didn’t support until the last minute. And why a recurring theme in other ads was Irene recovery, something that happened in his first term.

Now we can now look forward to more incremental gains and belt-tightening. His downsized proposals for the 2015 legislature on health care were purely incremental in nature. None will generate headlines or fuel a grassroots movement.

The governor’s gonna have to pull a rabbit out of a hat somewhere to restart his political career. And his biggest hat is now empty.

Is the VTGOP going forwards or backwards?

Or, possibly, both at the same time?

VTDigger’s Laura Krantz dug up (yes, I did it) quite a few tasty tidbits about recent changes in the Vermont Republican Party in a story posted on Monday. Most of which concern the installation of Jeff Bartley as VTGOP Executive Director.

Before I go on, I’d like to note that just as Bartley was getting the job, his father was rushed to the hospital with lung cancer, and things aren’t looking too good. (I’m not disclosing a secret here, because Bartley himself has been Tweeting about it.) That really and truly sucks for Bartley; on a personal level of course, but it’s gotta be taking his attention away from his new and very challenging position. I can’t say I respect Bartley’s political skills, but as a fellow human being, I feel for his plight.

Still, back in the salt mines of politics, life goes on. And, per Krantz, Bartley’s nomination created some hard feelings within the party.

Bartley was chosen in a last-minute election announced slightly more than 24 hours before the Dec. 1 meeting. Insiders say the decision was rushed to leave no time for other candidates to come forward or for a search process to take place.

Would this be the same party that often hits on Gov. Shumlin over transparency? Yeah, thought so.

Bartley’s nomination was met with ambivalence at best, hostility at worst, and led to an unusually close executive committee vote on his hiring: six votes in favor, four against. Not exactly a stirring mandate.

The four “no” votes included three very prominent conservative Republicans who have been openly skeptical of Phil Scott’s party-broadening initiatives: outgoing treasurer Mark Snelling, Wendy WIlton, and Randy Brock. The fourth, Kevin Beal, was last seen in the blogosphere in  November 2013 when he ran for the “Chair of chairs” post (basically, a liaison between county chairs and the state party) against… wait for it…

… Jeff Bartley.

Okay, then.

I don’t think I’m overreaching to interpret the 6-4 vote as a defeat for the conservative wing of the party. Especially in light of this note from True North Reports’ Robert Maynard in my comments section:

Jeff Bartley is not a conservative and it should come as no surprise that conservatives would not het (sic) behind him as their candidate for party chair. He burnt a lot of bridges with consertavives (sic) and Tea Party types during the Len Britton campaign by telling the that his model for a Republican office holder was Maine’s Senator Olympia Snowe. (At least that is what I am told by the Tea Party members who worked on the campaign)

And if we know anything about “consertavives,” it’s that they have long memories for political slights.

According to Krantz’ article, Bartley was seen as party chair “Super Dave” Sunderland’s pick for the job. As for the rushed and secretive nature of Bartley’s hiring, it looks designed to forestall organized opposition and perhaps even prompt a walkout by top conservatives. Like Snelling, for instance.

And even Bartley backers were, uh, kinda lukewarm about it. Jackie Barnett and Stephen Webster, who both supported the hire, basically laid it at the feet of Sunderland.

Barnett: “My personal feeling is the chair (David Sunderland) should have whomever they want working for them.”

Webster: “This is David’s choice, and I’ve been supportive of David.”

Neither committee members had anything to say about Bartley’s political acumen.

It’s not exactly an ideal situation. Bartley is taking the helm of a party that, November gains notwithstanding, still has a hell of a long way to go. Quite a few influential party members, and perhaps an entire wing of the party, view him with suspicion if not hostility. Given his record, there are legitimate questions about his preparedness for the job. And he’s doing it all while his dad is in the hospital with a life-threatening illness.

I can’t say I have high expectations for Bartley, but I wish him luck.

The need for SPEED

Vermont’s SPEED program is in the news again. And, as is usually the case, much of the coverage misses the point. As does all of the criticism.

SPEED, for those just joining us, is short for Sustainably Priced Energy Enterprise Development. It was enacted by the legislature in 2005; its aim was to encourage development of renewable energy, which at the time was in an embryonic stage and suffered from competitive disadvantages.

(It was more expensive than fossil fuels. Which, of course, benefit from tax credits and other forms of government largesse, and the harm they do to the environment is not factored into their pricing, so they are much cheaper than they ought to be.)

As I explained in a nice long 2013 thumbsucker on Green Mountain Daily:

SPEED was designed to surmount the chicken-or-egg problem with renewables: the upfront investment is relatively large, making renewables uncompetitive at the beginning. Over time, their costs drop dramatically because, well, they’re renewable: no need to keep on buying fuel. SPEED provided a market-based solution to the initial-investment problem by allowing utilities to sell long-term contracts for renewable power. Without SPEED, adoption of renewables in Vermont would have been much, much slower.

The program’s critics say the trading scheme means that our renewables are, in effect, enabling the use of dirty energy elsewhere. In particular, SPEED’s been used as a punching bag by opponents of wind and solar power.

Today, there are stories on VTDigger (pretty good) and VPR (not so good) about the Shumlin administration definitely (VTDigger) or possibly (VPR) planning to phase out SPEED in 2017.

Well, hell. That was the plan from the very beginning. SPEED was meant to goose the renewables market. And it’s worked: according to VTDigger, “The state has built wind, solar and other renewable power generation that could supply about 15 percent of the state’s electric retail sales.” That’s substantial progress.

Rep. Tony Klein, D-East Montpelier, displays some of his vast knowledge.

Rep. Tony Klein, D-East Montpelier, displays some of his vast knowledge.

SPEED was designed to be temporary, and was set to expire in 2017. It could have been extended, to be sure; but one of the House’s top energy people, my own state representative Tony Klein, has been saying for a long time that SPEED would sunset on time.

And on Saturday, Governor Shumlin told the House Democratic caucus that SPEED would be scuttled on schedule. VPR’s John Dillon somehow missed this; he has the administration merely considering a change to SPEED. (The VTDigger story has the administration “calling for an end” to SPEED, which is closer to the mark but not quite there.) In his story, Dillon gives extensive time to the Vermont Law School’s Kevin Jones, who’s had a bug up his butt about SPEED for a long time.

“For me, it’s at least a step in the right direction for the Public Service Department and the Shumlin administration for finally acknowledging that the SPEED program does not work in terms of providing any climate mitigation,” he said. “As a matter of fact, it has increased Vermont’s carbon footprint, by something, according to their analysis, like 70,000 tons in greenhouse gas emissions in 2013 alone.”

Jones’ interpretation is ignorant at best, disingenuous at worst. The DPS and administration are not “finally acknowledging” anything; they are letting SPEED expire on schedule.

And the purpose of SPEED was not to immediately mitigate Vermont’s carbon footprint; it was to hasten development of renewables so our longer-term footprint would decrease.

Also, SPEED may have “increased Vermont’s carbon footprint,” but only technically: the renewable credits were sold out of state, but the energy was still being produced, thus reducing the region’s carbon footprint while  — again, technically, and only in the short term — increasing our own.

Finally, a misperception from VTDigger’s article:

The state’s goal is to generate 20 percent [of electricity via renewables] by 2017, but there is no requirement in state law that this power is to be sold to Vermont customers.

This reflects a fundamental misunderstanding of electric markets. In the absence of large-scale storage technology, electricity is produced, transmitted, and consumed all at the same time. The power grid is a regional creature, networked to the national grid. There is no way to tease out which energy came from where and ensure its consumption within the state of origin. Such a “requirement in state law” would be technologically laughable.

Vermont’s power — renewable, dirty, Vermont Yankee, whatever the source — goes into the grid at the same time as power from out-of-state sources; it’s shunted around the grid to where it’s needed at that moment, and consumed. It’s like taking a cup of your tap water, pouring it into a bucket of water, and then wanting to take back your own water. Can’t be done.

Which is at the heart of the anti-SPEED absurdity. The renewable energy whose development was fostered by SPEED went into that big bucket. Whether or not it was immediately credited to Vermont’s account, it exists, and it helps reduce the region’s dependence on dirty energy.

The SPEED program has had a purpose. It has served that purpose well. Now it’s time to move on. And we will.

Now that I have their attention

Funny thing happened Thursday, unprecedented in my three-plus years of political blogging.

My sources. Not exactly as illustrated.

My sources. Not exactly as illustrated.

I got calls from not one, not two, but three different top Democrats seeking to gently upbraid me for stuff I’d written this week, and offer some guidance toward alternative views. Their own views, of course.

Which is nice for the ego. They read, and they care.

Also, their messages were valuable. They did offer some good information. But I’m not completely convinced.

The callers offered some pushback on the subject of newsdumps. They insisted that what appear to be newsdumps — the offloading of bad news when people are least likely to see it — were not newsdumps at all, but simply cases of the calendar conspiring against them.

There was a second message: the upcoming round of budget rescissions do not single out Human Services. They don’t deny that AHS is going to feel the pain, but the problem, as they explain it, is that vast areas of the budget are off-limits for rescissions, which makes AHS the only real target of substantial size.

They made some good points. The problem is this: the Shumlin administration has a well-earned reputation for (1) deviousness, (2) political gamesmanship, (3) newsdumps, and (4) targeting Human Services. Their own track record colors my views of recent events. In other words, if I was overly cynical, I put much of the blame on their doorstep.

I’m sure those inside the administration don’t see it that way. For the most part, they honestly believe they’re trying their best to move the state forward through tough times. But the 2014 election should have been a wake-up call: their view of things is often at odds with others’ views. Say, the voters’ views.

Let’s take their points, shall we?

First, on Human Services having to make almost two-thirds of the cuts in the upcoming rescissions. It’s true, but the reason is that AHS takes the lion’s share of general fund money. And only general-fund programs are open to rescission. Schools and transportation don’t get much money from the general fund, for instance.

According to outgoing Administration Secretary Jeb Spaulding, appearing on VPR’s Vermont Edition Friday, AHS accounts for 40% of the total budget — but 75% of General Fund spending.

Which sounds reasonable to me. But…

1. This wouldn’t be the first time the administration targeted AHS. The most notorious case is Shumlin’s ill-fated effort to slash the Earned Income Tax Credit, one of our best bulwarks against the rising tide of income inequality.

2. The rescissions list was released on the Thursday before Thanksgiving. This may or may not have been a newsdump (see below), but it gave little or no opportunity for journalists and bloggers to seek clarification of the raw numbers. When I saw the raw numbers, they looked really, really bad for AHS.

And now, on to newsdumps. I had identified three: the rescissions release, the deadline for submitting rescissions, and the Governor’s release of his single-payer financing plan at the end of this month.

The rescissions release on Thanksgiving Eve wasn’t a newsdump, my callers insist. They had put together the list and informed agency officials earlier that week. Many agencies wanted to tackle the budget-cutting immediately — over the holiday weekend. That meant releasing the list on Wednesday, so the process could begin.

The deadline, Friday Dec. 5, they say, wasn’t a newsdump because they hadn’t planned to release anything on Friday. It was an internal deadline only.

I can accept that. But once again, history informed my cynicism. When I see something bad happening on a Friday or a holiday eve, my Weaselometer begins to howl.

Finally, the long-awaited and catastrophically overdue reveal of the single-payer funding plan (which VTDigger’s Morgan True appears to have uncovered the substance of already) on either Monday December 29 or Tuesday December 30. Many voters will be out of town or otherwise occupied during that time; media outlets will have bare-bones staffing. So of course it looked like a newsdump. 

Not so, insist my callers. They blame the calendar, mostly. You see, the 29th and 30th are on Monday and Tuesday. They couldn’t release it on Friday the 26th, and New Year’s Eve would be universally viewed as a newsdump.

The week before is problematic as well. The 24th, 25th, and 26th are out. Monday the 22nd or Tuesday the 23rd would hardly be any better than the 29th or 30th. And the week before that is too early; the plan may not be completely done by then.

Okay, spin it ahead. New Year’s Day is a Thursday; Jan. 2 is not only the day after a holiday, it’s a Friday, so that’s no good.

Which brings us to Monday the 5th — only two days before the Legislature convenes. That week is likely to be a circus, what with Scott Milne’s Dance of the Seven Veils, various ceremonial activities, and other hard news. (Such as the RAND Corp. report on marijuana legalization.)

The fear, so I’m told, is that a single-payer unveil on Jan. 5 could get lost in a blizzard of news. It would also give lawmakers less time to look it over. And, I’m told, lawmakers wanted to get their hands on it as quickly as possible. Hence, a pre-New Year’s release.

Again, it all makes sense. And again, given the administration’s iffy history, you can understand why an outsider would look at a late-December release and scream “Newsdump!”

This all illustrates how much the administration will have to do, to repair its tattered and battered public image. Much of those batterings were self-inflicted, as the administration acted out of unwarranted hubris and, sometimes, arrogance.

They may not believe they acted badly in the past. But a lot of Vermonters, including a whole lot of liberals, are convinced that they did. That’s why Shumlin’s pre-election approval numbers were so dismal, and why his very expensive campaign hardly moved the numbers at all.

And that’s why I’ve said the Governor should avoid newsdumps or anything that looks like a newsdump, or anything that looks like a political maneuver or a transparently bogus explanation. He’d be better served by standing up in broad daylight and owning the bad news, instead of reinforcing his reputation.

Of course, he’d be far better off by having an administration that didn’t produce so much bad news. But that’s another matter.

Callers, thanks for reading theVPO and taking it seriously. And thanks for calling.

About those rescissions, part 1

On Thanksgiving Eve, the Shumlin Administration took out some trash. And before I go on, may I just say that pre-weekend newsdumps — and especially pre-holiday newsdumps — are a cowardly way to govern? If you guys think you’re smart enough to manage this state, have the courage to own the bad news. A newsdump might help minimize the immediate impact, but you’d be better off to face the bad news head-on. Be honest with the people who elected you.

(There was a similar Administration newsdump the Friday before Labor day. That one was a damning review of the management of Vermont Health Connect’s IT infrastructure. I look forward, not at all, to the news we might get on Christmas Eve.)

This newsdump concerns a second round of budget rescissions, made necessary by shortfalls in income tax revenue. Which were caused by an anemic economic recovery that has left the middle and working classes behind. Stagnant wages, stagnant tax revenue. While the top earners continue to depress their tax bills through loopholes and high deductions.

The Shumlin Administration wants to cut $17 million from this year’s spending. I’ll have more to say about the specifics in a later post. For now, I’m focusing on the Administration’s claim that it can cut $6,7 million without the Legislature’s approval. The Administration has an Attorney General’s opinion that approves its legal argument for doing so.

That doesn’t sit well with top lawmakers:

Legislators on the House and Senate’s Joint Fiscal Committee share the administration’s sense of urgency, but do not believe that the Shumlin administration has the legal authority to make most of the planned cuts. The Legislative Council, which advises lawmakers on legal matters, supports that position.

“The statute does not give them the authority to do this,” said Sen. Jane Kitchel, D-Caledonia, co-chair of the Joint Fiscal Committee.

I guess we can conclude that Governor Shumlin’s post-election period of listening and learning has come to an end. One seemingly obvious result of the razor-thin gubernatorial election was that Shumlin would need to repair relations with the legislature and act in a more cooperative manner.

Seems like a lesson unlearned there. And it’s not exactly a good portent for what’s going to be, at best, a contentious and difficult biennium.

Really, Free Press? Really?

I shouldn’t spend so much time bagging on the Burlington Free Press, but they just keep doing bag-worthy stuff. Like this — the current homepage on its website. Featuring News!!

Screen Shot 2014-11-21 at 1.40.26 PM

Yeah, we’re all, like Diogenes, in search the perfect pumpkin pie.

There are two additional bitchslaps to the corpse of Joe Pulitzer here. The first is that the pumpkin pie article was written by Candace Page, who used to do a fine job covering the environment for the Free Press; her byline is a reminder of better days long gone. The second is the tiny headline at the lower right: “Food donations ‘critically low'” at Burlington food bank. The gourmet foodie thing gets top billing, while the plight of the poor gets the shortest possible shrift.

But after all, the plight of the poor makes lousy clickbait.

This, on top of the Freeploid’s announcement of its new btvfoodie app, part of its ongoing pivot away from serious journalism and toward audience-friendly “content.” I have to say, this makes me feel that much better about reducing my subscription — er, sorry, account. “Subscription” is so 20th Century, isn’t it?

When I first dubbed the Free Press “Seven Days Lite,” I was half kidding. But it looks more and more like I was dead-on. The Free Press is doing its best to poach Seven Days’ ad-friendly endeavors while decreasing its serious coverage to alt-weekly levels.

I know, I know: the Free Press is in a tough spot, with decreasing revenues and a profit-hungry corporate parent mandating its every move. Given the situation, it makes sense to reposition the Free Press as a Burlington-centered, feature-oriented newspap — sorry, multimedia content platform.

I get that. What I don’t like is Michael Townsend insisting that the Free Press is still a serious force. It is, in fact, becoming largely irrelevant to those of us who (1) are interested in solid coverage of state politics and policy, and (2) don’t live in Chittenden County.  For us, the Free Press has fallen to fifth place, behind VTDigger, VPR, the Mitchell Family Organ, and — yes, I’ll say it — Seven Days.

At this rate, Lake Champlain will be cleaned up about the time the sun goes nova and the Earth becomes a cold, dead husk

Among the news stories buried in the avalanche of Grubermania are three separate developments regarding Lake Champlain. They adhere to a familiar pattern: one baby step forward, one big step back, and yet another dopeslap from the feds.

Yep, we’re making progress by… uh… well, it’s not leaps and bounds. Creeps and crawls?

A reminder before we begin on this week. The stoutly environmental Green Mountain State would still be ignoring its stewardship of Champlain if not for the Conservation Law Foundation’s 2008 lawsuit that compelled the EPA to enforce the Clean Water Act for Lake Champlain. Specifically, to set a Total Maximum Daily Load (TMDL) for phosphorus, the chief nutrient responsible for our festive annual outbreaks of toxic algae.

Our pride and joy.

Our pride and joy.

Yeah, Green Mountains and, er, a green scummy lake. Nice.

In response to the suit, EPA decided to force tighter standards on Vermont. That happened in January 2010. In the nearly five years since, EPA has been chasing the state in an extreme slo-mo version of a Benny Hill scene, with Yakety Sax playing at 78 r.p.m. (Ask Grandpa, kids.)

(Historical sidelight: In January 2010, Louis Porter was CLF’s Lake Champlain Lakekeeper, and he hailed the EPA decision as signaling a new day and “a new, science-based approach to cleaning up Lake Champlain and making sure it remains a safe and enjoyable resource.” Today he’s a top Shumlin Administration official, which either means he’s a double agent working from within or he’s gone over to the Dark Side.)

Since early 2010, the state’s response has consisted of delay, baby steps, delay, lip service, promises, delay, half-baked initiatives, delay, pleas of poverty, delay, and… checking my figures here… delay.

Fast forward to this week.

First, the Shumlin Administration proposed a new fee on “impervious development” and a 1% hike in the fertilizer tax. The moves made sense, because agricultural fertilization and impervious development are two prime contributors to our plentiful nutrient flows into the Lake. Problem is, the two measures combined — assuming the Legislature approves them — would raise $1 million a year for lake remediation.

With cleanup costs estimated at $150 million, that’s a drop in the bucket.

(Addendum, 12/4/14. According to DEC Commissioner David Mears, the $1 million figure was basically a “for-example” sort of thing, and the administration wants to set the tax and fee rates high enough to produce $4 million to $6 million in annual revenue.) 

Second, the Administration released a 36-page Clean Water Initiative that promises to tighten water-related regulations and establish a Clean Water Fund (revenue sources decidedly sketchy) to help pay for needed improvements, One of the Initiative’s provisions involved a pirouette by the Governor; in August he downplayed the need for upgrading wastewater treatment facilities, but the Initiative called for more investment in wastewater treatment.

Then there was a step back. Or, at least, a refusal to step up, from Ag Secretary Chuck Ross. He decided not to mandate “best management practices” for farms in the Missisquoi Bay watershed, one of the most phosphorus-laden parts of the Lake. Ross gave two primary reasons, per VPR: 

— Mandating best practices “would be inconsistent with EPA’s ongoing process for water quality improvement in the Lake.” Which sounds downright Orwellian to me; limiting ag runoff “would be inconsistent” with EPA’s efforts to, uh, limit ag runoff?

— Also, “the state doesn’t have the resources available to help the basin’s farmers achieve compliance.” As if EPA is hat in hand, making a polite inquiry, rather than enforcing compliance with the Clean Water Act. Does Ross expect that, upon hearing his plea of poverty, EPA will say, “Oh, sorry. Never mind, then.”

And finally, a regional EPA official said the newly-minted Clean Water Initiative “does not go far enough to comply with federal regulations.” Stephen Perkins noted that phosphorus loads are still on the rise in many sections of the Lake, and said:

It’s going to take an awful lot of work to take those red trend lines and get them to bend down in a different direction.

VTDigger’s John Herrick summed up the bad news:

Even if the state’s plan were fully implemented, projected phosphorus levels in South Lake A and B and Missisquoi Bay would still exceed phosphorus limits set by the EPA. These are sections of the lake where phosphorus levels already must be cut by more than 50 percent to meet the federal requirements, according to the EPA.

And let me remind you that some of the worst pollution, caused by us Vermonters, is at the upstream end of the lake, in southern Quebec. We’re lucky Canada isn’t suing our asses.

In response to his comments, Perkins got some vintage rope-a-dope:

David Mears, commissioner of the Department of Environmental Conservation, said Monday that his agency has no other proposals to present to the EPA at this time. “We’ll continue to have our sleeves rolled up and we’ll continue to work.” he said.

Mears pointed to the additional but intangible impact of “technical assistance and educational outreach” programs, which he admits cannot be quantified, “but we expect it will be substantial.”

If ifs and buts were candy and nuts, we’d have a clean Lake by Christmas.

And then Mears pulled a Chuck Ross:

“We don’t want to put forward a plan that we can’t actually achieve,” he said.

Instead, I guess, EPA is supposed to be happy with a completely inadequate — but achievable — plan.

This isn’t all the Shumlin Administration’s fault. They’re dealing with the consequences of decades and decades of ignoring the problem and letting it get worse. But it has fallen in their laps, and their response has been… how did I put it… delay, lip service, delay, pleas of poverty, delay, half-baked initiatives, and delay. It’s safe to say the only way we’ll get a good cleanup plan is if EPA holds our feet to the fire until they’re glowing red.

For a liberal administration in a state that’s supposed to have a strong environmental ethic, this just sucks. To think that Vermont is having to be dragged, kicking and screaming, to do stuff we should have been doing all along, well, it makes me doubt the existence of our strong environmental ethic.

The public response to all this has been underwhelming, to say the least. Little attention seems to be paid. Even the environmental community, which ought to be spitting fire, seems oddly passive. (I’m sure CLF would say they’re working hard behind the scenes, but I don’t see it.) We look at that $150 million figure and shrug our shoulders. What can we do?

Well, apparently, our inclination is to keep loading our prize jewel with guck, and put off our day of reckoning as long as we can.

That online petition: color me unimpressed

One of the lesser products of our gubernatorial overtime period is an online petition seeking the election of Scott Milne by the Vermont Legislature. The petition was organized by persons unknown of the conservative persuasion (see below) and posted — ironically — through the petition posting service on MoveOn.org, an organization seeking to promote “progressive political change.”

Anyone can use its service, and that’s where our persons unknown have put up their petition. In spite of the distinctly liberal company they’re keeping.

I say “persons unknown” because the petitioner is identified only as C.A.C.M. I don’t recognize the acronym, and MoveOn doesn’t provide any further information. (Any relation to t.A.T.u.?) MoveOn does offer the opportunity to send an email to C.A.C.M., and I did so on Monday, asking them to identify themselves.

Haven’t gotten an answer. Somehow, I don’t think I will. Need I comment on the irony in a movement claiming to represent the voice of the people hiding behind an obscure acronym?

(If I hear from someone at C.A.C.M., I’ll be happy to strike the above comment and report on its identity.)

The petition has drawn a bit of attention in the media, first from VPR and today from VTDigger. Both stories refer to the petition having been signed by “thousands.”

That’s technically true; as of 7 p.m. on November 11, there were 3,152 electronic signatures. When VPR posted its story last Friday, the total was about 2,500. But while “thousands” is correct on the bare fact, I’d argue that it’s misleading. When I see “thousands,” I think a lot more than two or three thousand. To say “thousands” in the headline gives the petition drive a bit too much credit.

Even by the diminutive standards of the Vermont electorate, 3,000 isn’t really an overwhelming response. And to judge by the comments appended by signers, the petition’s appeal is obviously to the dead-ender, hard-core anti-Shumlin part of the electorate. There’s no reason that this petition should have any effect whatsoever on the process going forward.

One more thing. In order to sign the petition, you have to provide your name, email address, and physical address. The small print below the petition box says:

By signing, you agree to receive email messages from MoveOn.org Civic Action and MoveOn.org Political Action. You may unsubscribe at any time.

So all these disgruntled conservatives are handing over their contact information to one of our country’s leading progressive groups. I hope they’re ready for the progressive email messages they’re about to start receiving.