The Ati-thesis , Marxism


"By that definition, a state capitalist country is one where the government controls the economy and essentially acts like a single huge corporation, extracting the surplus value from the workforce in order to invest it in further production.[3] Friedrich Engels, in Socialism: Utopian and Scientific, argues that state capitalism would be the final stage of capitalism consisting of ownership and management of large-scale production and communication by the bourgeois state.[4]"

Quoted from Wikepedia

Friday, October 6, 2017

The Importance of History

social enterprise is an organization that applies commercial strategies to maximize improvements in human and environmental well-being—this may include maximizing social impact alongside profits for external shareholders. Social enterprises can be structured as a for-profit or non-profit, and may take the form (depending in which country the entity exists and the legal forms available) of a co-operativemutual organization, a disregarded entity,[1] a social business, a benefit corporation, a community interest company or a charity organization. They can also take more conventional structures. What differentiates social enterprises is that their social mission is as core to their success as any potential profit. WikipediaWhen Andersen Design was first approved for fiscal sponsorship for a museum,  I was not enthusiastic. The board of the fiscal sponsor, all from corporate backgrounds, and seemingly very well to do, rejected our creative business ceramic slip-casting business as a social enterprise because I had used the word "production" in my application. The board had re-ivented the meaning of that word to signify "only being in it for the money" and so repurposed my family business, started in the 1950's with a philosophy of "creating a hand made product affordable to the middle classes" as one driven solely by the profit motive. 


After Andersen Design rejection as a social enterprise, we were encouraged to apply for another purpose- a museum being one suggestion, and so, I applied for a museum preserving the history of a business which had just been assigned by the board to have one purpose and one purpose only- to make money. At the time of the application, the concept of a Museum of American Designer Craftsmen had not yet emerged and so the application was solely based upon a museum of Andersen Design's work. I made sure to include a budget that lost money. For this I was approved but my true passion remains my commitment to pass on the production as an art form process, which was conceptualized by my parents in 1952. As my enthusiasm for the Museum and understanding of its vital purpose grows, I also understand the importance of underscoring Andersen Design's beginnings as a free enterprise art enterprise at a time when there was far less systemic support for the arts than there exists today.

In 1952, there was no National Foundation For the Arts, and there was no ensuing wealth re-distributive non-profit arts industry. Even the trade shows had not yet been invented. Andersen Design was created as a leap of faith.  I grew up within the very long arc of that leap of faith, realized after I had left home to attend Pratt Institute, when the enterprise became financially successful, providing an upper middle class income. From a perspective of anyone whose sole purpose is to make money, the business was an abject failure taking a decade and a half of  hard work and economic hardship to reach a meager upper middle class income.




This is an important aspect of Andersen' Design's historical significance- it was the extraordinary realization of an artistic lifestyle created on a shoestring at a time when there was no larger social structure supporting the arts. My parents created the lifestyle within the free enterprise system, which has, since the emergence of the non-profit arts industry, been depicted just as the board of the fiscal sponsorship declared - as an activity which one engages in only for the money- by definition. In fact Andersen Design was a successful and individual strategy for making a living doing what one loves to do-the quintessential American dream, which lies at the heart of the free enterprise system.

Over the years as the non-profits arts industry grew, we encountered the attitude from non-profits that Andersen Design is only in it for the money because of our free enterprise corporate structure. I now embrace my role, as custodian of a unique legacy, in creating the Museum of American Designer Craftsmen, the more so as the community which was our birth place is being re-invented by developers who have no interest in the history of a place. History is important but it only survives if it is recorded. Who tells the stories that become recorded history?



When I applied for fiscal sponsorship for our production, I applied for an amount of two hundred thousand dollars. Using my fathers parameters of operations I was able to project an end of the year bottom line which was in the black at almost the same amount, meaning that afterwards further funding would not be needed.

Our purpose as a production as an art form was rejected by the board of one fiscal sponsor but I was aware that our purpose is an exact match for the purpose of the Maine Technology Institute- to develop products for the marketplace. This has been a continual activity of Andersen Design since it was established. Our video for our Museum stands in evidence of that.

Any of the projects financed by the Maine Technology Institute stand to be financed at a much greater degree if they can apply for foundation grants. What is the resistance to this idea? I submit that it is resisted because by its current policies, MTI's projects are financed in part involuntarily by the taxpayers of Maine. Fundraising is hard!

This idea that MTI become a fiscal sponsor for all Maine designers and makers is practical and beneficial to the makers and the taxpayers of Maine. Please sign the petition for MTI to function as a fiscal sponsor benefiting all Maine makers, equally by opening up the opportunity to apply for foundation grants.

Thursday, October 5, 2017

The System Outside The System

7. The individual and liberty (11) We were the first to state, in the face of demo liberal individualism, that the individual exists only in so far as he is within the State and subjected to the requirements of the state and that, as civilization assumes aspects which grow more and more complicated, individual freedom becomes more and more restricted. (To the General staff Conference of Fascism, in Discorsi del 1929, Milano, Alpes, 1930, p. 280).
10. Conception of the state (20) A nation exists inasmuch as it is a people. A people rise inasmuch as they are numerous, hard working and well regulated. Power is the outcome of this threefold principle. (To the General Assembly of the Party, March lo, 1929, in Discorsi del 1929, Milano, Alpes, 1930, p. 24). Fascism does not deny the State; Fascism maintains that a civic society, national or imperial, cannot be conceived unless in the form of a State (Stab, anti-Slato, Fascismo, in Tempi della Rivoluzione Fa­scista, Milano, Alpes, 1930, p. 94).
Mussolinit- The Doctrone of Fascism

In short, in a fascistic system nothing is recognized to exist outside the state.

However in esoteric wisdom "nothing" means "no thing" means God. God has no name, but still to communicate, we need to use signifiers to convey meaning. God, is eternal and onipotent and everywhere, within and without everything, even the State.

Please support Mackenzie Andersen Product Photography for Museum Archiving

For years I have been going up and down the system seeking recapitalization resources for my family's historic ceramic art and design and slip cast production business. Finally I identified that our place, relative to "the system" is outside of it. There is always another system existing outside of and beyond any man made system. Richard Light knows this and speaks for millions of other Mainers who are on the outside of the governmental system etrenched in Maine since the Longley administration instituted government by and for public private relationships.

Our new production studio is coming along, shaping up and becoming the best production space we have ever had, even though it is financed on a shoe string. Eventually we will need some capital for fatigue mats and a good air filtering system and insurance, and so on, but we take one day at a time.

Please support Mackenzie Andersen Product Photography for Museum Archiving

I wanted to find consultants to work with but that requires a budget, large enough to pay consultants. Instead I have my father's parameters of operations, a profoundly resonate book which showed up at the dump, by the title of  "After reengineering, Organizing for Growth" by Richard K Lochridge, and an amazing app to organize it all, called AirTable. We just need a working team of natural thinking talent.With God's grace such a team will manifest.

On that note, talking of working with natural talent, it is the Andersen tradition, since we have always trained employees on the job. For a long while I have been wishing to be able to train natural talent in another capacity in which I work, which is photagraphy and design, including web design.

Please support Mackenzie Andersen Product Photography for Museum Archiving

Currently I have been photographing our vintage line for archival purposes, using the AirTable application I mentioned before. We have a very large vintage history. It would cost us a small fortune to hire outside professionals and so I taught myself photography, web design and Adobe photo shop skills. This is work that I enjoy and find therapuetic but there is a huge amount of it to be done. For this purpose the photographs should maintain a consistent style which I can train others to do. Since this is a museum function, tax deductible contributions to the Andersen Design American Phoenix Project can be used to pay for the work I am doing as well as training and eventually hiring others to do this work. Please consider making a contribution to this cause. We still need to raise about $850.00 of the thousand dollars required in personal donations before our fiscal sponsor will allow us to apply for foundation grants.

Please support Mackenzie Andersen Product Photography for Museum Archiving









Wednesday, October 4, 2017

An Interview with Richard Light, Maine's Next Governor

An Interview with Richard Light, Maine's next governor. Richard Light talks about getting the profit motive out of the government. In the late seventies Maine's constitutional form of government was replaced the profitas the government took on the role of investment banking.The new definition of government was created by and for a board of Maine's most prosperous businesses. Under Longley's instruction the board lead the Legislature in "running the government like a business" and the Legislature deemed that "Centrally managing the economy is an essential government function, which must be done by public private relationships". Ever since, there has been no room for a true people's voice in the political spectrum. The taxpayers have been the pawns in the game- "other people's money" for which the use is not voluntary but mandated by the public side of the public private relationships replacing our Maine constitutional form of government. It is refreshing to hear Light's voice after forty years of the dark ages of government by and for special interests.

Monday, October 2, 2017

Richard Light, Maine's Next Governor



I am not a Libertarian, I an an Independent but I support Richard Light as Maine's next governor. He touches on many points that are resonate with my own, including that our political power is supposed to be local. That is what the Home Rule Amendment is about added to our Constitution in the sixties.

In the seventies the Longley Doctrine was instituted by Legislative Deeming.


Governors Longley created a board, composed exclusively of members of Maine's wealthiest and most powerful industries. The board was assigned the role of leading the legislature in creating a new form og government, by and for public private relationships.

The newly formed board proposed to change by statutory law, the municipal public referendums which seven years earlier had been added to the Maine Constitution as Section 2 of the Home Rule Amendment. The Report- Governor's Task Force for Economic Redevelopment, Recommended Legislation for an Economic Development Program -110th Congress, calls for the elimination of local referendums on municipal bond issues with precise language:
2: eliminate the requirement for a local referendum on municipal bond issues.[1]

Article VIII.

Part Second.

Municipal Home Rule.

Section 1.  Power of municipalities to amend their charters.   The inhabitants of any municipality shall have the power to alter and amend their charters on all matters, not prohibited by Constitution or general law, which are local and municipal in character.  The Legislature shall prescribe the procedure by which the municipality may so act.
Section 2.  Construction of buildings for industrial use.   For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the physical boundaries of any municipality, the registered voters of that municipality may, by majority vote, authorize the issuance of notes or bonds in the name of the municipality for the purpose of purchasing land and interests therein or constructing buildings for industrial use, to be leased or sold by the municipality to any responsible industrial firm or corporation.

Thursday, September 28, 2017

An Entrepreneurial Opportunity



 Andersen Design currently has a promotional show in the Trading Post above Calypso in downtown Boothbay Harbor, Maine. Since we were told by our fiscal sponsor that we must raise 1000.00 in personal donations to prove that there is an interest in what we do, this fundraising event has stalled. Doing crowd-funders is not in our skill set, which is why we applied for fiscal sponsorship- so that we can apply for grants from organizations that exist to give money away. It seems to me that if we are awarded such a grant, that should stand as evidence that there is support for our cause.

So while the fundraiser for the museum is still ongoing, it is back burnered.

In the meantime as I am sitting in the gallery where our current show is  display, I am feeling that this show as a permanent display will attract its own energy the longer it exists. Alas the space is only temporary and so we are looking for a collaborator- perhaps someone in antiques, an art gallery or a home furnishing store, interested in featuring and being a dealer for Andersen's vintage collection. For many decades Andersen Design never made it to the collectibles market because our line has been handed down from one generation to the next. Many private collections date back to the fifties and so our line is not only iconic in its own right but it is personally iconic to the history of many families. In the days of mass culture amplified by the internet, Andersen Design still stands for individualism. Our line is a great brand for developing a niche market identity for complimentary art as well as our own. You can find our contact information on our website at www.andersendesign,biz. When this show ends , we are hoping to have another more permanent space in which it can be relocated.

The Blessings of Liberty

At times, when reading a statute one finds instructions to interpret the statute strictly or liberally. Instructions found in the statute chartering the FAME corporation (Finance Authority of Maine) are of another sort all together, falling into the category of a justification, as opposed to clarification of how the law is to be interpreted These instructions tells us that "Any benefits accruing to private individuals or associations, as a result of the activities of the authority, are deemed by the Legislature to be incidental to the public purposes to be achieved by the implementation of this chapter. [1985, c. 344, §5 (AMD).]"

FAME is the state corporation whose function is to concentrate and redistribute capital. Even if publicly acquired capital is redistributed to a corporation hiring 1000 or more employees that is but a very small segment of the public, but none the less a segment of the populous which directly benefits from FAME's redistribution of public wealth. The statute tells us that the Legislature deems that the direct benefit to a few private individuals by way of providing them with "quality jobs" or capitalization of privately held enterprises, is to be construed as incidental to "public purposes", which is not the same thing as that other popular phrase "public benefit"

The public purpose is deemed by the statute chartering the FAME corporation to be the following:

§962. Purpose
There is a statewide need to provide enlarged opportunities for gainful employment to the people of the State and to ensure the preservation and betterment of the economy and the general health, safety and welfare of the State and its inhabitants; to provide a more healthy environment through the restoration of purity to the air, the water or the earth of the State which are fouled with, among other things, industrial and other waste materials and pollutants, and to ensure the preservation and betterment of the living standards and health of its inhabitants; to stimulate a larger flow of private investment funds from banks, investment institutions, insurance companies and other financial institutions, including pension and retirement funds, to help finance planning, development, acquisition, construction, improvement, expansion and placing in operation of industrial, manufacturing, recreational, fishing, agricultural, business and natural resource enterprises and eligible projects of the State and its political subdivisions; and to increase the access of smaller business, veterans and students pursuing postsecondary education to financing at reasonable terms and rates.[2013, c. 34, §1 (AMD).]

Compare that rambling wordiness to what is said to be the purpose of government in the Maine Constitution:


PREAMBLE.
Objects of government.  We the people of Maine, in order to establish justice, insure tranquility, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God's aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine and do ordain and establish the following Constitution for the government of the same.

Whether one interprets "common welfare" strictly or liberally, the Constitution implores God's aid and direction, and not the government of man in securing it. The purpose of government is expanded upon by Legislative deeming in the charter for the FAME corporation, which itself is a violation of Maine's constitutional prohibition against the Legislature chartering corporations by special acts of Legislation. There are two exceptions to the prohibition, one being for municipal purposes and the other for objects of the corporation which cannot be achieved another way.

Since the Longley administration, the Legislature has been  deeming all corporation it charters to be  an "essential government function" as if a way around the Maine Constitution's prohibition of legislatively chartered corporations. Seemingly the phrase is to be interpreted as meaning the object of the corporation cannot be achieved another way-such as in the private sector, and of course a centrally managed economy cannot be achieved in the private sector because central management of a state is a government function and a state purpose. However in making an exception for municipal purposes, the Maine Constitution excludes state, and regional purposes. In other words the Constitution's Article IV Part Third, Sections 13 & 14 prohibits state corporatism, which had been popularized by Karl Marx twenty five years previous to the inclusion of Article IV Part Third, Sections 13 & 14 in the Maine Constitution.

§964. Organization and responsibility
1. Finance Authority of Maine.  The Finance Authority of Maine is established as a body corporate and politic and a public instrumentality of the State, and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of essential governmental functions.
 While the object of government as defined by the Maine Constitution includes acknowledgement of the blessing of liberty, this acknowledgement is missing from the purpose of government as deemed by the Legislature in the statutory charter for the FAME corporation. That is because the more government expands its own power, the less liberty the people have. The more power government assigns to itself, the more totalitarian it becomes. The three cornerstones of totalitarian government is for government to have control over access to capital, health care, and education.

While the United States Constitution and the Maine Constitution lay emphasis on individual liberty, the concept of a "public purpose" defined by any one entity is collectivist and totalitarian, leaving little room for the mysterious realms of God and nature, despite the rhetorical tribute to our natural environment. In fact it is not the public purpose but the corporate purpose of FAME that the statute defines. In calling it a public purpose, the Legislature takes the same position as Mussolini for whom nothing exists outside of the state, everything orbits around the state, the all knowing provider of all things.

Monday, September 25, 2017

The Spirit of the Law VS the Text of the Law

The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the "letter") of the law, but not necessarily the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, one is doing what the authors of the law intended, though not necessarily adhering to the literal wording.
"Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Wikipedia.
For clarification's sake: The Botanical Gardens is listed on the Maine corporate name search as COASTAL MAINE BOTANICAL GARDENS, INC.

I attended the appeals board meeting pursuant to giving permission to the Botanical Garden's 30 million dollar expansion, arriving about half an hour late but in time to hear presentations by both lawyers. The Anthony family’s attorney Sarah McDaniel,
 made an important point, relevant to the high point of discussion at the meeting, which revolved around whether the Botanical Gardens would be classified as an educational facility, allowing it to expand, or a museum, prohibiting expansion. Sarah Daniel's point, which was never brought up in the ensuing discussion, was that the Botanical Gardens applied and is funded by museum grants.

CMBG’s Mary Costigan, made the argument that the Garden had been approved in the past and that cannot be changed now, calling it a legislative matter, as if to suggest that our town ordinances are written by the state Legislature and not by the town selectmen.

If the argument rests upon precedence, followed by a reference to the Legislature, there is indeed a legislative precedence for reversing a permit granted after the fact. That is the case of Statoil which had been awarded PUC approval before it was taken away:


In 2009, the Maine Public Utilities Commission awarded the Norwegian company Statoil permission to develop an offshore wind project:
  §480-HH. General permit for offshore wind energy demonstration project [1]Norwegian energy company Statoil wins a request for proposals (RFP) issued by Maine in 2009 as part of the Ocean Energy Act. The act authorized the Maine Public Utility Commission (PUC) to issue an RFP calling for 30 MW of renewable energy, including up to 25 MW of offshore wind and 5 MW of tidal energy, which was awarded to Ocean Renewable Power Co

In January of 2013, The Maine Public Utility Commission approved in a 2-1 vote the project proposed by Statoil to build a $120 million deep water wind turbine demonstration project off the coast of Boothbay Harbor.

“We spend a lot of time talking about bringing good business and jobs to Maine –and now we have a billion-dollar company that is committed to hiring local workers for this project and any of their other projects between here and Maryland,” said Sen. Troy Jackson who also serves on of the Energy, Utilities and Technology Committee. “This is an opportunity for many Maine companies to develop cutting-edge expertise on energy projects not just in Maine but around the world.” Maine Insights PUC approves $120M Statoil offshore floating wind turbine project – will produce clean energy and jobs [1]
Although everyone involved including the team at University of Maine, the Wind Industry Initiative, Reed and Reed a manufacturing company and various member of the Legislature were thrilled with the project and with working with Statoil, Governor LePage opposed it, claiming the company had shown no commitment to working with local resources.

Statoil pledged to award contracts that represent 10 percent of capital spending – amounting to $100 million – for qualified Maine suppliers and contractors. LePage continued to object claiming the deal would be expensive for the taxpayers by raising the cost of energy but others said the increase was slight at only a few cents.

LePage held the signing of the Omnibus Bill hostage to force the legislature to pass LD1472 [changing the status that PUC had already granted to Statoil. The act re-opened the bidding process. Statoil pulled out citing uncertainty in regulations and the University of Maine formed a new public private relationship named Aqua Ventus which submitted a proposal and was granted PUC approval.

LePage's actions conferred upon Maine the reputation of a Banana Republic. 

In 2009, when the Legislature wrote §1026-T. Innovation finance program, making the Maine taxpayer obligated to back up to 80% of investments made by Maine Public Employees Retirement Fund, the Maine and United States Constitutional Ex post facto  provision was invoked which should have likewise applied to the agreement made with Statoil.

Maine Constitution
Article I.
Declaration of Rights.
Section 11.  Attainder, ex post facto and contract-impairment laws prohibited.  The Legislature shall pass no bill of attainder, ex post facto law, nor law impairing the obligation of contracts, and no attainder shall work corruption of blood nor forfeiture of estate.
In the same session that LePage was forcing the Legislature to pass a law violating ex post facto, the Maine Legislature was passing a statute to overwrite constitutional requirements for the placement of fiscal information accompanying bond questions on the ballot. How could the Legislature invoke the Constitution on LePage when they were passing a statute to over write the Constitution themselves?

The lack of constitutional authority which could have saved Statoil for Maine is a systemic problem deeply entrenched in culture in Augusta with roots reaching back through the centuries.

I submit that the Constitution is the measure of authority in the case of the Botanical Garden's permit to expand, which revolves around which type of corporation the Botanical Gardens is designated to be classified by the board.

This amounts to saying one type of corporation can build in the wetlands and another type of corporation cannot. What difference does it make in terms of protecting the wetlands? A parking lot is a parking lot is a parking lot, which ever class of corporation builds it.

The Maine Constitution, Section 14, Part Third says that "all corporations however formed are subject to general laws" That means all corporations are equally governed by the same laws.

The Maine Legislature does not write municipal ordinances. The Selectmen do.

The spirit of the municipal law is found throughout the rhetoric in recent town reports which pay service to the fundamental importance of our local water supply. Both the Boothbay and Boothbay Harbor Town Plans share this common concern but the Boothbay Harbor Town Plan includes it in its vision statement. Since the selectmen of both towns have assigned themselves to be a joint economic development council, both town plans apply here. The following is quoted from the Boothaby Harbor plan:
Vision StatementWater Boothbay Harbor cherishes the natural world, which surrounds us: the clean air, beautiful landscapes of woods, fields, water, and rock, and amazingly diverse habitats and fisheries. There is one “resource” that is dominant, that seems to pervade all aspects of our environment, and of our community’s current and future development – water. Fresh water, tidal flats, wetlands, and coastal and ocean waters – water is integral to most every aspect of life in Boothbay Harbor. From shellfish and fishery resources, wildlife habitats, scenic views and recreation, to shipbuilding, real estate and tourism, these assets are the foundation of this community, our sense of place and our economic future. The diverse ways we enjoy and use these assets are both complementary and competitive. In addition, the community recognizes the continuing risks of flooding and sea-level rise. Boothbay Harbor’s future requires a more holistic and responsible stewardship to protect water quality, improve and manage public access to the water, and encourage new, compatible maritime uses by linking together development standards, economic incentives, infrastructure improvements, public education, and resource monitoring. We Envision That…
 The water quality in Adams and Knickerbocker Ponds will continue to meet or exceed state and federal standards. 
Boothbay Harbor’s work in coordination with state and federal agencies will continue to improve the quality of harbor and coastal waters and benefit local fisheries, boating, aquaculture, and tourism sectors. 
The Town will monitor rising sea levels and storm surges, and take steps to plan to protect susceptible areas or reduce potential adverse impacts. Significant natural habitats will be preserved and maintained. See Goals and Objectives for more specific recommendations and implementation steps. 

Reverence for protecting our water supply, expressed in both town reports, stands as representation of the spirit of the law. 


Rather than regulating corporate classifications as applied to expansion in wetlands so that one type of corporation can and another cannot, in order to be consistent with the Maine Constitution, the ordinances should be written as general rules applying to all corporations alike in regards to the protection of our wetlands.

Maine Constitution
Article IV
Part Third
Section 14. Corporations, formed under general laws.  Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.

Wednesday, September 20, 2017

Do the Boothbay Botanical Gardens Hold The Key to The Clay Pancake Mystery?

In my last post, I published a map of the area around the Boothbay water supplies, which includes four construction project,


The Boothbay Harbor Country Club displays a small mountain top, where I have heard rumor that condominiums will (or are?) to be built as if offering an elite view of the kingdom, like castles on a mountain top, where water streams down the hilltop.

Then there is Muirgen, the high end real estate development where Lepage picked up his home in a sweet deal in 2014 and now is reported to  be offering it for sale at $300,000.00 below market value.

There is also the Botanical Gardens, with an ongoing 30 million dollar expansion. The Botanical Gardens was cited for environmental violations in the spring. Last spring Andersen Design could mix clay casting slip with Boothbay water, which is no longer possible, for the first time since 1958 when we began mixing casting slip on our location. 

Connecting them all, we have the public-private transportation project with special exits to lead the visitors to the cultivated landscapes of the Boothbay Harbor Country Club and the Botanical Gardens, popular man- made escapes from the wild untamed nature for which Maine has been identifies for far too long, at least according to some economic development players.





 There is an excellent article in the Boothbay Register, explaining the violations for which the Botanical Gardens was cited :
DEP issues violation notice to Coastal Maine Botanical Gardens
In the Boothbay Register article, The officials of Maine's cultivated landscape wonderland blame nature for the problem of vernal pools and muddy waters
Botanical Gardens officials blamed heavy spring rainfall for problems with controlling soil erosion and turbidity. Executive Director Bill Cullina said most of the inspector’s reports had shown CMBG was working towards “100 percent compliance” with federal, state and local ordinances. ,,, ... Cullina said. “We’ve only had a couple instances with a small amount of turbidity getting through the erosion control and everything else is flowing free and clear. We’ve had an extremely wet spring on the construction site making total compliance difficult. It’s a construction site, things happen like Mother Nature.”DEP issues violation notice to Coastal Maine Botanical Gardens
Really ? Are you serious? The Gardens can't be expected to plan for Mother Nature?

In David Enery's rebuttal, he reminds us that there is a trade- off in the works, Another View: Story on Coastal Maine Botanical Gardens requires clarification When complete, this project will bring up to an additional 140 year-round jobs and more than $120 million in annual economic impact to Maine. Coastal Maine Botanical Gardens is first a botanical garden centered on stewardship of the environment, long-term sustainability, and educational programs.
David Emery wrote this behalf of the building committee of the Coastal Maine Botanical Gardens in Boothbay Harbor.

Maybe the man-made gardens violated environmental code but in closing Mr Enery reminds us that the cultivated gardens gardens will create 149 local jobs and bring more money to the state of Maine, joining the Boothbay Water District, in sounding more like an economic development council than environmental stewards. I submit this as testimony to the Maine constitutional view that it is not the business of government to centrally manage the economy or form special interest relationships with private industry.

In 1876 when Article IV Part Third Sections 13 and 14 were added to the Maine Constitutionm. Governor Seldon Conner had just taken office. His inaugural address railed passionately against special interests and abuses of governmental powers which Article IV Part Third Sections 13 and 14 of the Maine Constitution were intended to cure.
Maine Constitution Article IV.Part Third.

Section 13: Special legislation. The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.
Section 14: Corporations, formed under general laws. Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.

Governor Seldon Connor's Speech
 Section thirteen presents a discretionary field of action which your own honor will impel you to occupy to the fullest extent. ‘The title of 'Special and Private Laws,' which includes so large a portion of the laws of former Legislatures, is an obnoxious one, conveying suggestions of privilege, favouritism and monopoly; though happily these evils have not in fact, stained the character of our legislation, they should not be suffered to have, even in the form of our laws, any grounds of suspicion that can be removed. Other weighty objections to special laws for private benefit are, that they are obtained at the public expense, and in their passage distract the attention of legislators from matters of public interest. The opportunity is now afforded, and the duty enjoined upon you, by the amendment, to restrict the necessity for such laws to the narrowest possible limits. An analysis and classification of the private and special laws upon the statute books, will inform you of the objects or which it is desirable to provide by general laws, if practicable. 'Many objects have been hitherto specially legislated upon although they were amply provided for by general laws. I have distinguished authority for the statement that sixty or more of the corporations created by a special act for each, by the last Legislature, could have been created and organized under general laws. The reason why the general laws have not been resorted to a greater extent, is not, so far as I am informed, to be found in any insufficiency or defect of those laws, but in the greater ease and simplicity of the method of application to the Legislature and in the fancied higher sanction of an authority proceeding directly from it. Section fourteen, relating to corporations is compressive and peremptory. It relates to all corporations, except only those for municipal purposes. It clearly prohibits their creation by special acts if the objects desired can be secured under existing general laws.'  From Governor Seldon Conner's Inaugural Address 1876 (emphasis mine)

The Anthony Family Appeal to the expansion of the cultivated landscape has been moved back to consider the evidence ofa 2014 Wolfeboro, New Hampshire lawsuit involving Topsham engineering firm Wright-Pierce, the same consultant form being used by Boothbay Botanical Gardens.


Meanwhile, the clay made from Boothbay water has still not dried in a month of sitting on a plaster bat outside in the sun. There is no drying action taking place from contact with the plaster, Very slow drying action appears to be the result of evaporation only. The clay has a very high water content and yet poured  as 1 inch + think pancake form onto the plaster. After a torrential rainm dimples on the surface  indicate that the water did not penetrate into the body of the pancake. Perhaps this is why clay is associated with vernal pools, which are often spoken about as having clay linings to retain the water. While the Boothbay water supply is newly useless for making ceramic casting slip, it would make an excellent lining for a vernal pool to retain the water. The next hearing on the Anthonies appeal is tomorrow night, Sept 21 at 6 p.m at the Boothbay Town Office. I plan on being there with a sample of our clay pancake.

Part two of the rebuttal centered around arguments regarding possible phosphorus contamination of Knickerbocker Lake from runoff created by hundreds of additional paved parking spaces in the watershed. Last month, Kevin Anthony contended two studies, one commissioned by the town of Boothbay and one by BRWD, showed that the Maine Department of Environmental Protection used “faulty and outdated methods” in calculating allowable phosphorus runoff into the watershed. <Appeals board considering more evidence in CMBG hearing
These two articles are about the use of flocullated clay as means of controlling harmful algal look relevant to the issue of the mysterious clay pancakes:, but I do not have the time to read them today.
Controlling Harmful Algal Blooms Through Clay Flocculation

MECHANISM OF CLAY AGGREGATION BY POLYELECTROLYTES., R. A.; WARD, D. W. 


Saturday, September 16, 2017

Does LePage Know Something We Don't Know?

News update on Boothbay Water.

I have attempted to report my findings per the use of Boothbay water in the ceramic slip making process at the municipal and state levels to little avail. Even non-profit organizations formed in mutual interests fail to respond, consistent with my experience for many years, leading to the impression that the whole system is afraid to go against the established line of command.

And so this is my venue for reporting my findings on the public water supply in the Boothbay Region. One might say that the ability to mix a functioning ceramic casting slip is its own scientific test. The results tell us only that something is amiss.

A while ago I decided to try to dry the slip made from Boothbay water to a bone dry state and then mix it with my new water source to see if the materials used could be recovered.

In ceramic slip casting we use plaster molds because the plaster quickly absorbs the water from the liquid slip in contact with the plaster. After about 20-30 minutes we dump the liquid slip out, leaving the hollow form around the edges where the slip was solidified by its contact with the plaster.

When I poured the slip made with the Boothbay water on a plaster bat in the sun, it was three days before I saw any evidence of drying action. One can well understand why such a casting slip is useless. After three days there was evidence on the top layer of the slip that drying action was occurring through evaporation but it was proceeding very slowly. I took some from the thinnest section and broke it into very small pieces which sped up the drying action. Eventually I got the small broken pieces to a bone dry state and added the alternate water source. The result was a return to the mucky viscosity characteristic of slip made using the Boothbay water supply. This suggests that whatever the non-defloculating agent  is, which enters the slip when the Boothbay water is added, does not evaporate. It remains in the material.

Google Maps

In other News:
Boothbay home LePages bought 3 years ago is back on the market

The colonial is listed for $409,000, nearly twice as much as what the governor and his wife bought it for out of foreclosure in 2014. Portland Press Herald

 The listing is almost twice what the LePages paid for it in 2014. They bought the colonial for $215,000 from a bank that had been asking $329,900 for the property after taking it from its previous owner in a foreclosure proceeding the year before, records show. At the time they bought it, the average house value in Muirgen was about $700,000.
A new development in Boothbay ! Could this be the new economic construction boom that The Boothbay Water District Report raves about as a boon for our economy? Is this why the Boothbay water district says our economy is "hot"?

 In the above map you can see Knickerbocker Lake, the source of the non-deflocculating water supply, is centrally located to the Botanical Gardens, The Boothbay Harbor Country Club and the new public-private transportation project which links them and the new private development where the recently purchased LePage home is newly on the market again.

Given that our government by and for public private relationships has deemed that it is for our public benefit to protect private trade secrets from the public's right to know if hazardous materials are being used in public-private transportation projects, I deem that it is fair to speculate when the public is deprived of knowledge by statutory law.

The question then becomes: Does Lepage know something we don't know. The optics are not looking good in this picture !

Wednesday, August 30, 2017

Andersen Design collaborates with Calypso

AND NOW A WORD FROM OUR SPONSOR! 


AND NOW A WORD FROM OUR SPONSOR! 



It is with great faith and expectations that we are setting up a new stand alone production, While our current location plans are uncertain, this is a move consistent with our business plan  which involves setting up a local stand alone production where we can train others to set up satellite productions, ideal for Maine's low income high unemployment regions but can be located anywhere. For more information on the network request our business plan.Please state the nature of your interest and but Requesting Business Plan as subject.

Production is slow now while we make the transition but we are taking orders for when we are set up, hopefully in the next month.Taking orders in advance will help us to make plans and hire a staff.

 


Collaborates with

The main story

Harborfest in Boothbay Harbor is featuring a vintage theme. We are setting up a space upstairs from Calypso where we will be displaying contemporary and vintage work. Hours will be posted later. We expect to be open through September and possibly longer .

Calypso Ad designed by Mackenzie Andersen.
For Graphic Design and Photography Services by Mackenzie you can make a request by email  with "Requesting Graphic Design Info" as subject, or call 207 449-1449

Saturday, August 26, 2017

The Public's Right to Know is Secondary to Protecting Trade Secrets in Maine

In my last two posts I told of a new and unprecedented difficulty I was encountering in  mixing a functioning ceramic casting slip. I traced the cause to the Boothbay water supply and was able to mix a functioning casting slip by using water from a different source. An article published by NASA, The Role of Water in Slipcasting identifies a cause of the problem I was experiencing as "non-deflocculating" additions or contaminates in the water supply. Another word for deflocculant is electrolyte Electrolytes are present in the human bodyaffecting human health and well being. I do not have the expertise to speak on that subject but I can speak about the limitations placed on the ability to know what may be affecting our environment as related to the public-private transportation project underway in close proximity to our summer and winter water supplies. Current law favors private trade secrets over the public's right to know about environmental impact. 

As reported previously in this blog, the distribution of DOT funds is set up on a first 
come-first serve basis favoring communities which have private investors with deep pockets. The guideline is dated 2014, which means it was likely enacted in 2013.

In May of 2013, Senator Rebecca Millett sponsored An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Access to Records Relating to Public-private Partnerships. The bill was co-sponsored by: Senator Langley, and Representative Daughtry, Boothbay Representative Bruce MacDonald, Representative Malaby, Representative Nelson, Representative Parry, Representative Pouliot, and Representative Sirocki
SUMMARY
This bill implements the majority recommendation of the Right To Know Advisory Committee.
Current law requires that the Department of Transportation submit to the Legislature a bill that authorizes the agreement that implements a public-private partnership for the development of a transportation facility. This bill requires the department to publish public notice on the department's publicly accessible website or in newspapers when it has determined that a public-private proposal and agreement meets the standards of the Maine Revised Statutes, Title 23, chapter 410, subchapter 5 and to wait at least 30 days after the public notice has been published to submit the bill.
The proposed 2013 Act  addressed a conflict of interest between the communities right to know and freedom of access to information concerning toxic and hazardous substances vs the protection of trade secrets. It was voted "ought not to pass" by the Maine Legislature citing that it would compromise the ability to attract large corporations to the state. The act which sought to protect the public's right to know was voted down, keeping the confidentiality provisions favoring protecting trade secrets in place pursuant to §4251. Public-private partnerships; transportation projects
10-A. Confidential information

There was testimony from the ACLU and The Right To Know Committee. The report by David Hastings makes note that "The confidentiality provisions of the Act are broad and ambiguous about the public's right to access information collected by the Department but trade secrets are completely protected". My research on economic development statutes written since the Longley Doctrine was implemented in 1976, supports that it is no accident when there is either ambiguity or specificity used in legislative code, implicating a systematic intentional device.

Maine ACLU

Right to Know Committee/7th Annual Right To Know Report


Ironically the Hastings testimony also reports that "Members (of the Sub-Committee)
also recognized, that while some information about large projects should be available to the public, supporting free enterprise means allowing development of plans without revealing trade secrets and other information to competitors
" Nothing is more antithetical to a free enterprise system than a centrally owned and managed economy by public-private relationships! If the reason given for prioritizing trade secrets over the public's right to know about health related concerns were used everywhere throughout a free enterprise system, the USA would soon be as polluted as China. On that note, during the same legislative season, a JOINT RESOLUTION AFFIRMING THE FRIENDSHIP BETWEEN THE STATE OF MAINE AND THE REPUBLIC OF CHINA was passed declaring both Maine and the People's Republic of China share a most important relationship supported by our common values of freedom, democracy, rule of law and commitment to a free market economy; and……. China is on board with “climate change”. If free enterprise means public-private partnerships and prioritizing trade secrets over the public's right to know if public-private projects are using hazardous materials, it is inconsistent with concerns about climate change. 

In 1985, as the Maine Legislature was codifying the priority of private business trade secrets over the public's right to know if hazardous materials are used in public-private projects, it continued to proclaim that it served the public interest in protection against and disclosure about the use of hazardous materials. The popular adage is that "you can't have it both ways" - but when you are the body that writes the laws, apparently, you can- at least in rhetoric ! Boldly the contradiction is written into the same part of a same title in different subsections:


Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 271: HEALTH PROGRAMS
Subchapter 1: ENVIRONMENTAL HEALTH PROGRAMS

§1691. Findings and declaration of purpose

The Legislature determines that it is in the public interest for the State to examine its emergency response mechanisms and procedures for accidents involving hazardous materials, to establish a comprehensive program for the disclosure of information about hazardous substances in the community and to provide a procedure whereby residents of this State may gain access to this information.[1985, c. 494, §2 (NEW).] (emphasis mine)

22 §1696-F. Provision of information; trade secrets
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 271: HEALTH PROGRAMS
§1696-F. Provision of information; trade secrets (repealed & replaced with special law for public-private transportation projects)

A person may withhold the identity of a specific toxic or hazardous substance, if the substance is a trade secret. For purposes of this section, "trade secret" means any confidential formula, pattern, process, device, information or compilation of information, including chemical name, that is used in any employer's business that gives the employer an opportunity to obtain any advantage over competitors who do not know or use it. All other information, including routes of exposure, effects of exposure, type and degree of hazard and emergency treatment and response procedures, must be provided if requested by the Director of the Bureau of Health and is considered a public record. [1999, c. 57, Pt. B, §4 (AMD).] (emphasis mine)
SECTION HISTORY
1985, c. 494, §2 (NEW). 1999, c. 57, §B4 (AMD).


 Title 22: HEALTH AND WELFARE was created by the Maine Legislature in 1981 for the purpose of protecting the public's health and environment, but like the Pine Tree Zone tax exemptions, originally created for low income high unemployment areas, its purpose was eroded and undermined in a mere four years.


Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 271: HEALTH PROGRAMS
Subchapter 1: ENVIRONMENTAL HEALTH PROGRAMS 

§1691. Findings and declaration of purpose

The Legislature finds that adequate measures must be taken to ensure that any threats to the health of the people of the State posed by natural phenomena or the introduction of potentially toxic substances into the environment are identified, appropriately considered and responded to by those responsible for protecting the public's health and environment. [1981, c. 508, §1 (NEW).]
The purpose of this chapter is to create an Environmental Health Program within the Department of Health and Human Services, Bureau of Health, which would provide the department with the capability it requires to discharge its responsibilities satisfactorily, and to advise other departments and boards charged with similar or related responsibilities regarding the potential health implications of their actions. [1981, c. 508, §1 (NEW); 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
1981, c. 508, §1 (NEW). 2003, c. 689, §B6 (REV).

 An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Access to Records Relating to Public-private Partnerships was voted Ought Not to Pass Pursuant To Joint Rule 310, May 23, 2013, leaving the 1985 status on confidentiality in place:
Current Status of Section on Confidentiality:

§4251. Public-private partnerships; transportation projects

10-A. Confidential information.   Information submitted to the department relating to a public-private partnership proposal under this subchapter is confidential and not a public record under Title 1, chapter 13, subchapter 1 if the private entity submitting the information designates the information as being only for the confidential use of the department and if:
A. The information is a trade secret as defined in Title 10, section 1542, subsection 4; or [2013, c. 208, §3 (NEW).]
B. Disclosure of the information would result in a business or competitive disadvantage, loss of business, invasion of privacy or other significant detriment to the private entity to whom the record belongs or pertains. [2013, c. 208, §3 (NEW).]
If legal action is filed to gain access to the information designated as confidential under this subsection, the private entity must defend its designation and the department shall release the information in accordance with the order of the reviewing court. Failure to defend the designation under this subsection constitutes a waiver of confidentiality by the private entity and the department shall release the information.
[ 2013, c. 208, §3 (NEW) .]
Why is the Maine Legislature writing a special set of laws for public-private relationships? The Maine Constitution says that all corporations however formed are subject to general laws.

I am in a constant battle these days to keep the Maine Constitution online as a separate stand alone document as it has been for years, I have momentary success, only, soon to be converted back to presenting the Maine Constitution as if it were a subsidiary of the Maine Legislature, which is just one of the three branches of government governed by the Constitution. Today is no exception. The first link that comes up on a google search for the Maine Constitution leads to a list of laws enacted by the Legislature.

In third position is a PDF file for the stand alone Maine Constitution but that file does not have the menu at the side where one can easily search the sections. The last time I went through this battle with the Maine Law Library, the old page for the stand alone Constitution was restored but with a menu for the Maine Legislature inserted into it. Now the link to the Maine Constitution has no menu at all and it no longer has the traditional buff colored  background, signifying its historical standing, but is on a plain white background.

The second link on the Google list leads to a document with a parchment background. At the top of the list is the Maine Constitution, followed by four links to the all-powerful Maine Legislature. Click on the link to the Maine Constitution and after going through another doorway to the Legislature one finds the Maine Constitution with a green background to match the new color for the statutes, which were formerly blue. Blue merged with parchment color becomes green.The Constitution's color is on equal standing with that of the statutes. There is a menu for the sections on the side but they are listed as Articles identified with Roman numerals, only, not by their names, making it harder to locate the section one is seeking.

I feel like I am dealing with an infantile brat at the Maine Law Library. If the Legislature wants to include a link to the Maine Constitution that is great, but that does not justify removing access to the stand alone Maine Constitution with menu links to the Articles identified by name. The Maine Constitution represents the Rule of Law authorized by the  consent by the governed. The Constitution governs the Legislature not the other way around. Longley's Doctrine" Centrally managing the economy is an essential government function which must be done by public private relationships" was decided by legislative deeming. The consent of the governed was never asked. Longley's Doctrine is grounded in a different political ideology than that of the principals on which United States and Maine Constitution are founded.

From my files: Article IV Part Third Sections 13 & 14 as they once appeared on line:

Article IV.

Part Third.

Legislative Power

Section 13.  Special legislation.  The Legislature shall, from time to time, provide, as far as practicable, by general laws, for all matters usually appertaining to special or private legislation.

Section 14.  Corporations, formed under general lawsCorporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however formed, they shall forever be subject to the general laws of the State.


According to the above, the Maine Legislature should be writing general laws, only, which apply to all corporations generally, not creating special acts to govern corporations making special deals with the government- otherwise known as a hegemony.

Around or about the same time that the Maine Legislature voted to protect trade secrets in public-private transportation projects over the public's right to know, the rules for the distribution of public transportation funds, were set up as a payola system in which communities must purchase access to public transportation funds via private developers. Statutory law specifically states that there must be a minimum fifty-fifty match to access publicly financed capital. If a community does not have a private developer with deep pockets- it must go to the back of the line-or get the matching fund from property taxes but communities like Boothbay with private developers can deliver two thirds of the cost to buy the public capital funds before other Maine municipalities, If there is anything left over after the hegemony buys its share of public funds, then the needs of communities lacking wealthy private developers, will receive consideration before distributing another round of public funding to the hegemony!

When a community votes to make public funds available to a public-private transportation project, the fact that public private transportation projects are protected from the public's right to know about hazardous materials by Maine law, is usually excluded from talking points in the Maine media.

AN ASIDE OBSERVATION I use my blog as a reference when I want to find a link to something I previously wrote about. When I went back to the post titled  Unspoken Transformations in State & Local Government to access MaineDOT’s Business Partnership Initiative, the link did not work. I then took this screen shot of the html code for the link:
"xn--mainedots%20business%20partnership%20initiative-z703a" is a strange looking address. It cannot be accounted for as a typo for "http://www.maine.gov/mdot/planning/docs/BPIMunicipalGuide2016.pdf. It is not even an html page or pdf doc. Where did this address come from?

When I insert an internet link I copy and paste it from the address bar and afterwards check to see that it works. I am not usually paying a great deal of attention to what the address is, until it is not working, which has happened numerously with other links posted on this blog. In the past I have found numbers inserted into a formerly working link, which when removed, restore functionality but the link shown above does not conform to standards with which I am familiar.

The original link I posted worked when tested. The link has been altered by an unknown method by an unknown agent. There is no way this could be a typo error on my part and it would be to no point for me to invent it out of thin air. I am now correcting the links in Unspoken Transformations in State & Local Government to point to http://www.maine.gov/mdot/planning/docs/BPIMunicipalGuide2016.pdf. If anything changes, I will update this observation if any further changes occur.