Archive for June, 2010

Three questions with Jeffrey Clements

By Patrick Ball/Staff Writer

Jeffrey Clements, a Concord attorney and chief counsel for Free Speech for People, believes corporations should not have the same Constitutional rights as the people who create them.

GateHouse News Service

Posted Jun 25, 2010 @ 06:00 AM

Concord —

The Massachusetts Corporate Political Accountability Act is strong start but doesn’t fix the problem created by the Citizens United decision, according to Concord lawyer Jeffrey Clements.

Along with the legislation — filed June 21 by state Sen. Jamie Eldridge, D-Acton, state Rep. Cory Atkins, D-Concord, and Rep. William Straus, D-Bristol — the Free Speech for People.org resolution calling on Congress to amend the Constitution to put people ahead of corporations was unveiled this week on Beacon Hill.

“Senator Eldridge and Representative Atkins are aware that this legislation is important, but we also need to tackle on the bigger problem,” said Clements, who is chief counsel for the national Free Speech for People campaign. “We’re grateful that they’re also taking the lead in our Massachusetts legislature calling for a constitutional amendment.”

Read More »

Surprise boost for Freeman – State adds funds for trail’s design

By Jennifer Fenn Lefferts, Globe Correspondent | June 24, 2010

The Bruce Freeman Rail Trail received an unexpected boost last week when state officials announced $931,500 in funding to design its stretch between Westford and Concord.

Supporters said they had no idea the money, which will allow the next two phases of the multiuse recreational trail to be designed simultaneously, was coming through.

“I was not expecting it,’’ said Acton resident Tom Michelman, president of the Friends of the Bruce Freeman Rail Trail. “It would’ve been a long process to get both projects funded. Design should be going forward very quickly now.’’

The money is part of a $3.5 billion authorization for bonds to pay for state transportation projects.

State officials said the funding represents a commitment from the Patrick administration to improve transportation services across the commonwealth.

“As we continue under Governor Patrick’s leadership to make improvements to bicycle and pedestrian access, recreational trails such as the Freeman are an important part of our investment strategy to support healthy transportation options,’’ Jeffrey Mullan, secretary of the state’s Department of Transportation, said in a statement.

The Freeman trail is proposed to follow the 25-mile route of the old New Haven Railroad between Framingham and Lowell, crossing through Chelmsford, Westford, Carlisle, Acton, Concord, and Sudbury along the way. The first phase, 6.8 miles in Lowell, Chelmsford and Westford, has already opened. Partial designs have been done for the Westford, Carlisle, and Acton phase and the stretch in Concord.

The funding announced Friday by Lieutenant Governor Tim Murray at an event in Acton will pay for the final design in the four communities. It will be combined with $500,000 that the state awarded late last year to Westford, Carlisle and Acton, said Roland Bartl, Acton’s planning director.

“It came as a surprise but it’s the result of intense advocacy for the rail trail that finally produced results,’’ he said.

Bartl said the four communities have signed agreements to complete the design together. Acton will serve in the lead role, Bartl said, but all four communities will have input as the project proceeds.

If everything goes smoothly, Bartl said, the design could take up to three years to complete. He said hearings will be held and the towns must submit plans at various stages to the state for approval.

“We want to make sure we don’t rush it and that everyone has their say,’’ Bartl said. “And there will always be a glitch.’’

The design is for the construction of a roughly 12-foot-wide paved asphalt path along 13 miles, construction of a pedestrian bridge over Route 2A/119, and the rehabilitation of six rail bridges along the trail. A segment of the trail crossing Route 2 will be handled as part of the Concord rotary redesign project.

The estimated construction cost of the trail through Acton, Westford and Carlisle is $7.7 million.

Barbara Pike, Concord’s representative on the Friends of the Bruce Freeman Rail Trail board, said the project is listed on the state’s plan for transportation construction funding in 2020, but that can change.

“We’re hoping once this thing is designed and is ready to go, it will move up,’’ Pike said.

Pike said the funding announcement came “out of the blue.’’

“It’s thrilling that this project has gotten this level of support from the state in this economic climate,’’ Pike said. “It means we’re ready to take that next step.’’

State Senator Jamie Eldridge, a Democrat from Acton, said the first section of the trail provides a scenic and safe transit option and is already a popular venue for bikers and pedestrians.

“The additional funding . . . will help us take the next step forward in extending this project into Acton, Carlisle, Concord and Westford, making it accessible for many more biking enthusiasts,’’ Eldridge said.

Jennifer Fenn Lefferts can be reached at jflefferts@yahoo.com.

http://www.boston.com/news/local/articles/2010/06/24/bruce_freeman_rail_trail_gets_funds_to_design_westford_to_concord_stretch?mode=PF

State Housing Agency Awards $1 million to Concord Housing Authority for Peter Bulkeley Terrace Renovations

For Immediate Release: June 22, 2010

Contact: 617-722-2692

STATE HOUSING AGENCY AWARDS $1 MILLION TO CONCORD HOUSING AUTHORITY FOR PETER BULKELEY TERRACE RENOVATIONS

Representative Cory Atkins (D-Concord) and Senator Susan Fargo (D-Lincoln) are pleased to announce that Governor Patrick has awarded $1 million to the Concord Housing Authority (CHA) for renovations to the Peter Bulkeley Terrace building. This funding will allow the CHA to improve conditions for residents by preserving 24 affordable rental units for low- and moderate-income households. This award is part of $189.9 million that the Patrick administration is spending to support the construction of rental developments in 19 communities across the state. This spending will yield an estimated 2,400 jobs.

“This is such an exciting feat,” said Representative Atkins. “These new improvements are absolutely essential. I’m extremely happy for the residents who will enjoy a more private and independent living style in a modern environment.”

“With only 19 communities in the state receiving this kind of funding we are truly fortunate to have a boost like this to support affordable housing,” said Senator Fargo. “The $1 million will help preserve these homes and help keep people at work.”

“The Concord Housing Authority is thrilled and grateful for this award which will allow us to move forward with our plans to renovate the Peter Bulkeley Terrace building,” said Judi Lincicum, Executive Director of the CHA. “This project has been a combined effort of private donations, public housing funding, the Town of Concord, and State affordable housing programs who have diligently worked together to preserve 24 units of affordable housing. This long-awaited renovation will transform an obsolete congregate facility into 24 one bedroom fully independent units for the elderly and disabled.”

Peter Bulkeley Terrace is a former school. In 1980 it was transformed into elderly housing and offices for the housing authority, but it has suffered ongoing vacancy problems because residents did not want to live in congregate apartments with common space. The conditions of many elderly and disabled people prevent them from being able to share bathrooms and kitchens. The proposed renovations would reconfigure the building in order to create private baths and kitchens in each unit. Peter Bulkeley Terrace is conveniently located in Concord center near the train station and stores, and it helps to address a desperate need for affordable housing for elderly and disabled residents in Concord.

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Lawmakers Respond to Court Ruling on Campaign Finance

Seek to Limit Influence of Corporate Money on Elections

BOSTON—State lawmakers filed legislation intended to counter a Supreme Court ruling allowing corporations and unions to pour unlimited amounts of money directly into political advertisements.  Senator Jamie Eldridge, Representative Cory Atkins and Representative William Straus filed the Massachusetts Corporate Political Accountability Act to address the problems created by the Supreme Court’s decision in Citizens United v. FEC.

“The Constitution begins, ‘We the people,’ not ‘we the corporations,’” said Representative Cory Atkins (D-Concord).  “The Supreme Court made a terrible mistake by giving corporations unlimited power to influence elections.  We demand that this ill-conceived notion be corrected as soon as possible.  If passed, this legislation will help ensure that people, not companies, decide who wins elections.”

This past January, on a 5-4 decision, the Supreme Court struck down bipartisan legislation that had limited corporations from spending their general treasury funds on political expenditures.  In March, the Massachusetts Office of Campaign and Political Finance ruled that the decision invalidated similar prohibitions in Massachusetts General Law.

“If left unchallenged, the Supreme Court’s reckless decision will allow corporate lobbyists and other powerful special interests to dominate the electoral process with unending negative campaign ads. As a result, the voices of ordinary citizens could be drowned out,” said Senator Jamie Eldridge (D-Acton). “The legislation we’re filing today is about protecting the integrity of our democratic system from the corrosive influence of profit-driven political spending.”

The legislation filed today would require new levels of disclosure and transparency for corporate political spending, eliminating “pay-to-play” opportunities for state contractors, enshrining new protections for employees, shareholders and investors, and prohibiting foreign corporations from influencing elections in Massachusetts.

The legislation has also won the early support of Secretary of the Commonwealth William F. Galvin. “This legislation is a step closer toward ensuring that the public can know which corporations are spending what to influence elections and public policy and I wholeheartedly support this effort,” said Secretary Galvin.

While several other states have passed smaller measures aimed at responding to the Citizens United decision, the legislation being put forward in Massachusetts is by far the strongest and most comprehensive.  The legislation would require CEOs to appear in person in the ads that their companies pay for to take responsibility for the ad and inform the public that they “approve this message,” and require shareholder and director approval for corporate political spending.

The law would also require the top five contributors to the cost of ads covered under the new rules to be listed to prevent corporations from hiding their political contributions behind dummy organizations.

The state legislation comes just days after Congress was widely criticized by good government watchdogs for watering down the federal response to the ruling.

“Massachusetts should join a growing number of states and the federal government in addressing a potential tsunami of corporate political spending unleashed by the Citizens United case,” said Pam Wilmot, Executive Director of Common Cause Massachusetts.  “This unfortunate decision essentially overturned laws across the country, like ours in Massachusetts that were passed 100 years ago.  The Massachusetts Corporate Political Accountability Act cannot reverse the decision, but it can ensure that citizens have the facts in a timely manner and can ensure that shareholders have a say in whether such expenditures get made in the first place.”

The lawmakers also filed a nonbinding resolution calling on Congress to pass a Constitutional Amendment to clarify that corporations do not have the same rights as citizens.

“The American people have used the Constitutional amendment process over and over again to make our democracy work for everyone, and to correct the Court when its missteps threaten the American promise of self-government,” said Jeffrey Clements, general counsel of Free Speech for People, a national Constitutional amendment campaign launched in response to the Citizens United ruling.   “The ruling in Citizens United that corporations have the same speech rights as people and can pour billions of dollars into our elections at every level is deeply wrong and threatens our democracy.  Americans across the country now are working for a 28th Amendment to restore free speech and fair elections to the people. We are grateful for the leadership of Sen. Eldridge, Rep. Atkins and Rep. Straus in this effort, and proud that Massachusetts once again is taking a leading role to ensure government of, for, and by the people.”

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Walden Woods Project, Concord town officials, and Concord Housing Development Corp. collaborate with Rep. Atkins and Sen. Fargo in transfer of Dept. of Correction land for housing and open space

For Immediate Release: Monday, June 21, 2010

Governor Patrick signed into law legislation that will transfer certain Department of Correction land in the town of Concord for affordable housing and open space. Chapter 117 of the Acts of 2010 filed by Representative Cory Atkins (D-Concord) and Senator Susan Fargo (D-Lincoln), conveys a 12 acre parcel of state-owned land under the control of the Massachusetts Department of Correction (DOC) to the Concord Housing Development Corporation (CHDC) to facilitate the development of affordable housing in Concord. The CHDC is a nonprofit organization that the legislature established in 2006 by a special act sponsored by Representative Atkins.

Since this new law requires that 100 percent of the units be affordable, the conveyance of this land will go a long way toward helping the town meet its affordable housing goals. The CHDC will manage the project and determine the design and affordability guidelines. The units will likely be offered at a range of income levels, from 80 percent to 150 percent of the area median income. Using the 2010 limits for a family of four, published by the United States Department of Housing and Urban Development (HUD), eligibility would likely be based on gross incomes ranging from $64,400 to $137,700.

Selectman Greg Howes, speaking on behalf of the Concord Board of Selectmen, praised the bill’s passage, stating, “With the enactment of this legislation, the Walden Woods Project fulfills its longstanding affordable housing commitment to the Town of Concord. A strong partnership between the Town, the Walden Woods Project, the Concord Housing Development Corporation, state and local officials yielded this successful outcome. Conveying this land to the Concord Housing Development Corporation will benefit the residents of Concord in the form of a smart growth project to help the Town reach its affordable housing goals and open up public access to a currently underutilized portion of the Assabet River.”

The proposal for the land transfer was brought to Rep. Atkins’ attention by the Walden Woods Project (WWP), which has been working collaboratively for nearly two years with the Representative, Concord town officials, the CHDC and the DOC to make the site available for affordable housing and publicly accessible open space along the Assabet River.

Representative Atkins stated, “This endeavor is a fine example of public-private partnership. The Walden Woods Project has worked hand-in-hand with Concord officials and with me to provide the resources needed to make this proposal a reality. Concord will benefit from having a smart growth, affordable housing project along with the potential for more open space and access to the Assabet River in that location.”

“Making housing more available and affordable is a wonderful goal,” said Senator Susan Fargo. “The reality of this new law came about through hard work of the town of Concord, the Walden Woods Project and the Concord Housing Development Corporation. The cooperation and coordination between the state and local leaders is an example of not only building relationships but also building homes,” said Senator Fargo.

The site is close to the West Concord commuter rail station and commercial district. In addition to being an ideal location for affordable housing, the property has considerable potential for open space and passive recreation. It abuts the proposed Bruce Freeman Rail Trail and an underutilized and currently inaccessible section of the federally-designated wild and scenic Assabet River. The property also includes a 320 foot setback from MCI Concord.

“The Massachusetts Department of Correction is pleased to have been an integral part of the Walden Woods collaborative effort,” said DOC Commissioner Harold W. Clarke.

In accordance with state law, the fair market value of the land will be determined by an independent appraiser. The WWP has agreed to help the CHDC pay the appraised market value, so town funds will not be used to buy the land. The Walden Woods Project covered the costs of environmental and preliminary site engineering. Williamson Engineering of Harvard, MA conducted two sets of environmental analysis and concluded that the site poses very low risk to human health and the environment. (See attached letter from Williamson Environmental)

Kathi Anderson, Executive Director of the Walden Woods Project, said, “For nearly twenty years, we have been a partner in Concord’s conservation and historic preservation efforts. This initiative affords another opportunity for partnership with the Town. It is a culmination of the Walden Woods Project’s commitment to affordable housing in Concord that dates back to 1990 when the organization acquired its first conservation site in historic Walden Woods. A portion of that site had been proposed for affordable housing, and we are very pleased that we have been able to identify a viable new location for affordable units. We are proud to be a part of this unique collaborative effort.”

Mike Malouf, the former Chairman of the CHDC and the member who has led this project for them, said, “The Concord Housing Development Corporation is extremely pleased to obtain this land from the Department of Correction. The work that the Walden Woods Project, Representative Atkins and Senator Fargo have done not only fulfills the Walden Woods Project’s commitment to affordable housing, but it helps continue our focus on increasing affordable housing here in Concord. This site is unusually attractive in that it provides all of the things that one would look at for affordable housing, such as ease of access to public transportation, proximity to a business district, and an economic situation that can speed completion of the project. We should be starting the first phase of the project as soon as the site transfer is complete.”

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Bill targets corporate political spending

A bill that supporters say would help reduce the impact of the Supreme Court’s decision to allow unlimited campaign contributions by corporations is headed for the State House. The legislation, which will be filed today, is a direct response to the Supreme Court’s Citizens United v. Federal Election Commission ruling in January that eliminated restrictions on the political speech of corporations. The bill sponsored by Senator Jamie Eldridge, an Acton Democrat, and Representatives Cory Atkins, a Concord Democrat, and William Straus, Democrat of Mattapoisett, will include increased disclosure and transparency requirements for corporate political spending. It also seeks to eliminate the influence of foreign entities in Massachusetts elections. (AP)

http://www.boston.com/news/local/connecticut/articles/2010/06/21/minor_injuries_in_dorchester_duplex_fire?mode=PF

NEW CAMPAIGN FINANCE REFORM PROPOSAL

Three lawmakers join representatives from Common Cause and Free Speech for People and Voter Action on Monday to outline proposed reforms that respond to the Supreme Court’s 5-4 ruling in January that struck down a law limiting corporations and unions from spending on political efforts. Organizers of the press conference say for-profit corporations and unions may now spend unlimited amounts to influence elections at all levels of government. Sen. James Eldridge and Reps. Cory Atkins and William Straus will file legislation Monday “requiring new levels of disclosure and transparency for corporate political spending, eliminating ‘pay to play’ opportunities for state contractors, enshrining new protections for employees, shareholders and investors, and prohibiting foreign entities from influencing elections in Massachusetts.” Organizers say the proposed Massachusetts Corporate Political Accountability Act addresses problems created by the court decision in Citizens United v. FEC. (Monday, noon, Room 222)

Citizens United Response – The Massachusetts Corporate Political Accountability Act

Senator Jamie Eldridge, Representative Cory Atkins, and Representative William Straus cordially invite you to join them:

The Massachusetts Corporate Political Accountability Act

Press Conference and Legislative Briefing

Monday, June 21st , 12:00 p.m.

State House Hearing Room 222

In January, on a 5-4 decision, the conservative majority on the Supreme Court struck down bipartisan legislation that had limited corporations from spending their general treasury funds on political expenditures. In March, the Massachusetts Office of Campaign and Political Finance ruled that the decision invalidated similar prohibitions in Massachusetts General Law. Now, for-profit corporations may spend unlimited amounts to influence elections at all levels of government.

To respond to this reckless decision, Senator Eldridge, Representative Atkins and Representative Straus, with the help of Common Cause, have drafted The Massachusetts Corporate Political Accountability Act. This legislation, which will be filed on Monday, June 21st, will address the problems created by the Supreme Court’s decision in Citizens United v. FEC by requiring new levels of disclosure and transparency for corporate political spending, eliminating “pay-to-play” opportunities for state contractors, enshrining new protections for employees, shareholders and investors, and prohibiting foreign entities from influencing elections in Massachusetts.

As President Obama noted in his State of the Union Address, the Supreme Court’s decision in Citizens United v. FEC “will open the floodgates for special interests to spend without limit in our elections.”

MA State Senators and Representatives can sign on as a co-sponsor of the legislation by emailing Brendan Jarboe in Senator Eldridge’s office at brendan.jarboe@state.ma.us by 4:00 p.m. on Monday, June 21.

House Passes Legislation Regulating Use of All-Terrain Vehicles

FOR IMMEDIATE RELEASE

June 14, 2010

Bans those under 14 from Operating ATV’s

State Representative Cory Atkins (D-Concord) joined her colleagues in the Massachusetts House of Representatives in passing legislation prohibiting anyone under 14 years of age from operating an all-terrain vehicle (ATV) and imposing strict penalties upon those who ride ATV’s recklessly or negligently.

“As an elected official, I feel it is my duty to ensure the safety of my constituents,” said Atkins. “This bill will keep our children safe by increasing the age at which they may operate an ATV.”

The bill prohibits any person between the ages of 14 and 16 from operating an ATV with an engine capacity greater than 90 cubic centimeters. The legislation dictates that those between the ages of 14 and 16 years can only operate an ATV under direct adult supervision.

The bill would impose fines for operating an ATV under the influence of an intoxicating substance. The legislation would also instate fines, imprisonment – or both – for anyone operating an ATV recklessly or negligently and causing serious bodily injury to another individual.

Under this legislation, anyone under the age of 18 would have to complete a recreation vehicle and responsibility course approved by the Director of the Office of Environmental Law Enforcement before operating an ATV. In addition, the parents or legal guardian of an operator under 16 must complete at least one session of the safety course.

Protective headgear would also be required for those operating an ATV or riding an ATV.

The bill incorporates environmental safeguards by prohibiting ATV’s that emit noxious fumes or make unusual or excessive noise. Further, the legislation prohibits the operation of ATV’s in a manner that harasses or harms deer or other wildlife.

-END-

Gambling hearing scheduled for June 8 at the State House

Dear Constituent,

Thank you again for contacting my office about expanded gambling.

I write to follow up with a letter I sent you in the mail. The State Senate has announced that they will be holding a public hearing about gambling on Tuesday, June 8 at the State House in Boston. I would encourage you to attend and voice your opinion. The Senate has not yet announced the time or room location of the hearing, and so I will email you again when they do. As always, please do not hesitate to email me or call my office at 617-722-2692 if you have any questions.

Sincerely,

Cory Atkins