All posts by Sue Prent

About Sue Prent

Artist/Writer/Activist living in St. Albans, Vermont with my husband since 1983. I was born in Chicago; moved to Montreal in 1969; lived there and in Berlin, W. Germany until we finally settled in St. Albans.

The Greying of Vermont

It did my heart good  to see all the silvered heads and grey beards in Montpelier today, lending their voices to the “Healthcare is a Human Right” rally.  From where I stood, it looked like they comprised half the crowd.   This makes a statement about who we are, uniquely, as a state.  It’s true that we’re trending older right now, as Governor Douglas is fond of lamenting in his litany of Vermont’s supposed short-comings; but so are the majority of states in this country. The difference is that  Vermont seniors overwhelmingly seem to care about the welfare of the generations rising up to follow us.  The hatred, ignorance and paranoia that fuels the Tea Party Movement in other states has not found particularly fertile ground here. Demographically, it would seem that we should rival Florida for the worst of “old white guys’ syndrome;” but we don’t.  In fact, we’re all the way at the other end of the spectrum.

Those grey-haired healthcare advocates gathered on the Statehouse lawn were not there for themselves.  Most either already qualify for Medicare benefits or soon will.  They were there because they recognize the injustice of a healthcare system that puts a price on human suffering; and they were there as an affirmation of the enormous power of self-determination that we enjoy here in  Vermont. We may be small but we’re not narrow; we may be rural, but our ideas embrace the future; we may be wintry but from our soil springs compassion, hope and justice for all.

Nuclear Dreams Dealt a Critical Blow

As a fountain of oil spills into the Gulf of Mexico, confirming the worst fears of opponents to Obama’s drilling decision, nuclear energy proponents have been dealt an equally profound setback. In a report filed yesterday by a coalition of environmental groups, Vermont’s own Arnie Gundersen has revealed fatal design flaws in the new Westinghouse AP 1000 reactor that was expected to drive a new generation of power plants.  The reactor still has not received approval from the Nuclear Regulatory Commission,  but it was believed to represent significant advances in safety over existing designs.

At issue in the new design is the relationship between the free-standing  interior steel vessel and its exterior concrete containment structure, which was intended to represent an improved cooling system. Gunderson’s report details how undetected deterioration of the unsupported inner chamber could result in a catastrophe ten times worse than what might occur with the reactors currently in service.  The New York Times shares the story and includes Gunderson’s illustrations of how such an accident might play out in the new reactor.

Well-respected in Vermont by the environmental community, Maggie and Arnie Gundersen’s testimony regarding the re-licensing of Vermont Yankee has been central to the effort to shut-down the 40-year old  reactor before its many structural failures finally amount to something truly catastrophic.  A press release from their consulting firm, Fairwinds Associates, explains the Westinghouse reactor findings in detail.

Big Box Boo Hoo

[Full disclosure: I am an active member of the organization Northwest Citizens for Responsible Growth, which has participated in opposition to WalMart’s (and Vermont developer JL Davis’s) plans to site a WalMart store on farmland in St. Albans Town. The case is currently on appeal in the courts.]

Sometimes you just get lucky.

A comment  recently posted in the “Hippies From the 60’s”  thread offered that rare opportunity for a truly “teachable moment.”   The comment referenced a letter from Mike Hille, who apparently is the Regional Real Estate Manager for Target stores.  Mr. Hille was responding to an inquiry from one Charles Root Jr.   It is apparent from a quick Google search of Mr. Root’s blogposts, that he may have been “fishing” for confirmation of his own belief that Vermont is not business-friendly; but it is Mr. Hille’s response that is of interest here (note: this is verbatim):

Much of development in Vermont is met with great opposition and resistance for a number of reasons important to the community.  Several key organized groups have been very successful crafting a gauntlet that new businesses and developments must go through, mandating requirements based on their ideas with very little room for discussion or alternative solutions.  Having watched this from a distance, Target is of the position that compromising a successful business model or delivering a partial brand experience to our guest would be a disservice not only our shareholders, but our core guests within the community. These tight constraints have also created barriers to entry as it relates to costs. Many projects get tied up for years in legal battles, endless design requirements numerous mitigation fees and large construction costs.  The cost of developing is comparable to developing in Boston with a fraction of the community to patronize the business generating sales.

Mr. Hille apparently belongs to the Half-Empty-Cup Club of which Governor Douglas is a charter member.   Let’s examine more closely, some of Mr. Hille’s generalizations:

Much of development in Vermont is met with great opposition and resistance for a number of reasons important to the community.

Say what?  I would first of all dispute the idea that MUCH is opposed. This is not factually supported in any way.  And is Mr. Hille actually acknowledging that the community has good reasons for that opposition?

…a gauntlet that new businesses and developments must go through…

To the best of my knowledge, local permits are a requirement throughout most of the country. Target must be accustomed to that “gauntlet” already.   In reality, only about 40% of all developments proposed in Vermont are required to undergo Act 250 review.  Of those that are reviewed, 98% of them receive permits.  That leaves roughly 1% of all permit applications that are unsuccessful.  Seems like the odds favor developers, doesn’t it?

..mandating requirements based on their ideas with very little room for discussion or alternative solutions.

Again, not factually supported in any way. Speaking from my own experience in the single largest example of opposition to a project in Vermont, the St. Albans Walmart conflict; we have been consistently astonished at how unflinchingly the Walmart developers have remained rooted to a single location and scale of development since 1993, despite the fact that these are the two basic issues on which opposition has been based since the beginning; and that the Supreme Court of Vermont already ruled once against the proposal.  We have discussed until we are blue, offering alternative solutions that would be appropriate and acceptable to the community so that Walmart could enter our local market unopposed.

As far as “mandating requirements…” is concerned, isn’t that the purpose of the permit process anywhere…to ensure that a community is planned to develop in an appropriate and sustainable manner? If this is not required in communities outside of Vermont, perhaps it’s about time it was. There might not be so many big vacant Walmarts littering the south and midwest if somebody had been “minding the store” in those communities. Does Target have a problem with that?

…compromising a successful business model or delivering a partial brand experience would be a disservice…

Translation: one size fits all and we can’t be bothered with what is right for your community.

Many projects get tied up for years in legal battles…

Not supported by the facts.  Only a very few projects that have significant issues get tied up in legal battles.  Parties objecting to any project are still at a distinct disadvantage under the law, so the issues have to be substantial in order to receive the kind of support necessary to pursue permit appeals.

…numerous mitigation fees.

You think Vermont demands mitigation fees?? How about North Whitehall, Pennsylvania?  Target has stores in Pennsylvania, don’t they?  According to the PA Morning Call, they know how to demand mitigation!

Check this out:

…the township wants Walmart to contribute $3 million to a traffic impact fund for road improvements…North Whitehall also wants the company to donate $250,000 to the emergency services long-term capital reserve fund and then $100,000 a year annually to that fund. The fund largely pays for equipment, Stahley said. The township also wants the superstore to pay $50,000 annually into an open space and recreation fund, which would be on top of the regular recreation fees imposed on developers. Walmart was asked to donate money to pay for the salary and benefits of one state trooper. If North Whitehall starts its own police force, the township wants the company to fund the hiring of one full-time and one part-time police officer.

Contrast that with the penny-ante that the City of St. Albans accepted from the developer, J.L. Davis.   When all the “ifs” “ands” or “buts” are stripped away, they’ll be lucky if they net $200,000. total!   Not much offset when you consider that the City’s own economic analysis revealed a potential loss of 40 tax-contributing businesses and a couple of hundred jobs from the city’s post-Walmart future.

…large construction costs.

Translation:  We’re not interested in redeveloping in existing retail sectors of your town that have already been surrendered to concrete.  That’s too expensive to reclaim for new retail.  We want to do it the cheap, old-fashioned way, by digging-up the soft, yielding, open agricultural land and replacing it with acres of concrete.  Cheap, fast and dirty…that’s the way we like it.

…The cost of developing is comparable to developing in Boston with a fraction of the community to patronize the business to generate sales.

Sorry about that, Target.  We’re not Boston.  So, let me get this straight now: we are at fault for not promptly giving the green flag to a big box store that is way too large to serve  the needs of the surrounding community…and we are also at fault for not having a community that is large enough to generate the sales you’d expect in exchange for the honor of cheaply locating a concrete bunker the size of an airfield on a tract of prime agricultural soil?

And we’re supposed to be the ones who are unwilling to discuss alternatives?  I’ll suggest the same alternative to you, Target, that we have suggested to Walmart for the past seventeen years:  build a store proportionate to the needs of the population on previously developed land, and we’ll welcome you with open arms.

Hugs!

Isn’t ANR Challenged Enough Already?

junkyardIn a timely manner, the Sunday Free Press carried the story of ANR's largely ineffectual efforts to regulate and clean-up illegal junkyards all over the state. I went to a presentation about this last fall at the Toxic's Action Workshop in Randolph; and I really felt for ANR's John Brabant, the guy charged with this Augean stable clean-up task. It was clear that even though the state was girding its loins to finally take action, those loins were a little too lean to adopt a really hopeful stance. This is not about the good intentions of people like him over at ANR; it is about the conspicuous lack of resources and a sense that upper management may be a little out of touch with the mission. Following the presentation, I sighed a little and whispered an invocation for the 2010 gubernatorial election. Clearly, most of those junkyards weren't in danger of clean-up anytime soon. For Douglas and his minions to propose gathering all permit and regulatory control under the jurisdiction of ANR is like rescuing a drowning man by tossing him an anvil. They must be goofy.

Len Britton Gets His Clock Cleaned

‘Just a brief shout-out to Messenger reporter, Michelle Monroe for her outstanding coverage of Republican Senatorial challenger, Len Britton’s appearance at a local St. Albans Senior Center Thursday. ‘Girl did her fact-checking and caught Mr. Britton telling tales, several times. Deftly combing through the talking points and aided by the good offices of FactCheck.org, Moody’s and other sources, Monroe put the lie to Britton’s claim that the new health care law in Washington will add 16,000 IRS officers for enforcement, and other favorite righty refrains about the state of the economy under Obama.  Definitely worth a read, if you can get your hands on a copy of Friday’s paper (not available online).

Monroe’s stellar journalism puts the independence back in this independent newspaper and gives me new reason to subscribe, despite some considerable differences of opinion with the editor.  He has a gold-mine in Monroe and I have a hunch he knows it!  Imagine that: real honest to goodness fact-checking in a Frankling County paper!

I even appreciated the featured quote from Mr. Britton (describing the Constitution):

The greatest document mankind has ever created, next to the Bible.

I’ll add a link if, and when, one becomes available.

Updated: Who Is Marilyn Hackett?

I am pleased to finally be able to reproduce Marilyn’s letter here. Because of its length I placed it at the end of this diary, after the fold; but it’s well worth the time to read it!

_________________________________________________

There’s a lonely one-woman campaign for justice being waged in Franklin that I think deserves recognition on an annual basis.  I’m referring to Marilyn Hackett and her ongoing protest against the invocation of prayer at Town Meeting.  Today’s Messenger carried an articulate two-column letter by Ms. Hackett placing her position in the context of history and constitutional law. I can’t find it online anywhere; and my attempt to reach Ms. Hackett by phone was unsuccessful. From the public letters I have seen addressed to Ms. Hackett in local newspapers, I can well understand why she might be unreachable by phone. Nevertheless the letter is remarkable, and deserves a timely read; so I am taking this opportunity to publicly ask for a link which I will add to this diary.

To refresh the memory of anyone who has somehow managed to miss this annual bit of personal heroism, here is a link to the Messenger story that commemorated this year’s confrontation in Franklin;  and here is a link to her previous letter of March 27, 2009 in which she civilly attempted to explain her position to her neighbors

I’ve gotta tell you; I admire her guts.  Now, I was raised a Catholic and have my own issues; and even though “some of my best friends” truly are Methodists, it is no secret that I am largely in agreement with Bill Maher when it comes to viewing religion as an overarching menace.  This may well be due to a human inclination to appropriate, obsess over, mutate and ultimately pervert even the purest of spiritual pursuits; but there it is.  We can’t seem to help ourselves. Still, when it comes right down to it, I wouldn’t dream of taking on my neighbors on this ticklish topic.  I’m raising hives just broaching the subject here, among my fellow progressives.  

Even though she does have some local supporters, Ms. Hackett must have a pretty tough time of it in Franklin, year-round.

After promising that this year’s Town Meeting would include only a moment of silence rather than the usual prayer,  Town Fathers reneged at the last moment, provoking another confrontation.  In the past, some of her neighbors have suggested that she should simply leave the room while a minister recited the invocation.  When she found this solution somewhat less than satisfactory, they accused her of being unreasonable and disrespectful of their “traditions.”  What about the Constitution, countered Hackett?  Doesn’t that represent a tradition older than Town Meeting itself? Her neighbors were unmoved, being convinced that the true intention of the Constitution was to protect religious expression, not to exclude it from public events.  The arguments go back and forth like this every year, establishing something of a new “tradition” themselves.

I have to say though, that Ms. Hackett may have finally had the last word.  This latest letter is a thing of beauty… a tour-de-force of reason and history.  It touches on all of our favorite themes: Jeffersonian humanism and its ultimate failure to quell religious zealotry in the New World;  suspicion against Catholics, Jews and Mormons that flourished in the soil of America’s preference for Protestantism; McCarthyism; the defeat of the Equal Rights Amendment; the odd overtone of “holy war” that has come to cloak the current conflicts in the Middle East; and so on.  I really hope I’ll get that link!  Meanwhile, her closing paragraph is worth repeating in toto:

Only the vigilance of thoughtful and courageous common citizens insisting on government neutrality can save us from ourselves.  Citizens who take patriotism to the highest legal level, fighting back in the courts, are the ones who protect both freedom of religion and freedom from religion.  Neutrality – not Christianity, Judaism, Islam, secular humanism, or atheism – protects citizens freedom of conscience.  The side benefit – preventing the abuse of power by over-weaning religious organizations – can also not be underestimated.

Here is Ms. Hackett’s letter in its entirety:

   

    “We are not yet a theocracy.”

     That is what an astute citizen at a Franklin Select Board meeting said in early February. The speaker – who clearly believed that government by divine guidance is not yet our kingdom on earth (at least not in the United States of America) – opposed prayer at the upcoming March Town Meeting.

    A few Franklin citizens had tried to convince the board to direct the town moderator not to call for the usual Christian invocation. A compromise calling for prayer at church, a civil invocation, and/or a moment of silence was proposed. In the end, the select board, which said it had authority to direct the moderator, didn’t. The omnipresent, Trinitarian, “Father, Son, and Holy Spirit” Christian version of religious reality was foisted on Christians and non-Christians alike – U.S. Constitution, separation of  church and state, civil rights, court law, and common consideration be darned.

    In the ensuing month or more of abuse by religious patriots, it has become clear that the question really isn’t whether we are a theocracy, but how much of a theocracy we are. Americans, like people all over the world (that we should have learned from by now), suffer  temptations to be selfish, sometimes aggressive, about their religions or philosophies. Catholics and Protestants have killed each other in Northern Ireland, Sunnis and Shia in Iraq, Hindus and Muslims in India, while Buddhists committed suicide in Vietnam. The irony lies in the fight over religions first developed to improve life. Religious culture and politics have overwhelmed good intentions, with bloody long-lasting results, in country after country.

   Despite our Constitution, Americans are far from immune. We act out in everything from subtle  proselytizing, like that at Franklin Town Meeting, to (so-called) religious war – what jihadists believe we are waging in Iraq and Afghanistan. U.S. history has seen endeavors to convert people called savages followed by their calculated genocide, KKK crosses burned on lawns augmented with mob murder backed by police, Biblical reasoning and governmental action oppressing suffragettes, and a Senate committee which ran kangaroo courts, imprisoning artists and labor activists as Godless Communists. More recently we saw a Christian, American President on TV informing viewers God told him to go to war. Is it a wonder Islamic extremists believe in the second coming of the Crusades? When we fail to stick to our principles, there are horrible consequences.  

    Religion is so often misused that our founding fathers, and hopefully the mothers who supported them, made well-grounded efforts not to lend it the power of government.  Religious institutions still attempt and succeed in political power grabs. Right from the first this nation has been backsliding from the original, humanitarian intent of the First Amendment. The motives have always been political and have produced not only a standing hypocrisy, but many of the United States’ greatest moments of shame.

    The shut-up-and-sit-down-until-it’s-over, Christian contingent in Franklin is part of the scary mainstream moving towards theocracy. Members have made rousing, roundly-applauded speeches against individuals who believe in separation of church and state. They’ve voted to have their prayer in willful ignorance of minorities’ civil rights. Officials and townsfolk remain baffled as to why Constitutionalists don’t just leave if they don’t like it. Come back when the prayer is over.

    Of course, the answer is it never will be over. When there is prayer at Town  Meeting, “under God” in every school day’s Pledge of Allegiance, “In God We Trust” on U.S. money, town council invocations, jury and inaugural oaths, religious statues and sayings carved in government buildings; a pervasive, subliminal, status-quo message gradually infuses our culture. People get to believing we are a Christian nation. Electing even a non-Protestant President (John Kennedy) created a furor. Election of members of other faiths – never mind someone with the courage to claim no faith as relevant in a bid for public office – is barely conceivable. Politicians pander, exploit, even cower in the face of religion.

   The competition between the outward signs of patriotism and the reality of freedom has never been more apparent than it is today. The hundreds of Hatriot groups – patriotic people who claim to love America but hate most of the people in it – in the United States foreshadow another McCarthy Era. They  are part of a theocratic tradition Americans have both embraced and battled for centuries.

In our nation’s first inauguration, for example, George Washington – a signer of the very Constitution which forbids establishment of religion – added the words “so help me God” to the Presidential oath. He was looking for something to unite a nation of religious outcasts, anti-authoritarian ruffians, and stubborn tax evaders.  Not ironically, many Americans now use deity to mow over religious dissidents, flaunt the Constitution, and complain about paying taxes on property which is the owner’s God-given right to use as s/he pleases.

       The writer of the Declaration of Independence, our third President Thomas Jefferson, responded when Philadelphia’s Christian clergy in the City of Brotherly Love campaigned against him. This “godless” Unitarian was an infidel, according to his political opponents.  Jefferson’s encompassing semantics – “Nature’s God,” used by many deists of the time – did not suffice to quell religious detractors. Unfortunately, in his response, he wrote, “I have sworn on the altar of God, every hostility against every form of tyranny over the mind of man.” Politicians to this day cannot resist the temptation to swear on the altar of religion any more than religion can resist the temptation to co-opt the power of politics.

    Jefferson did make an effort to keep history from repeating itself. He knew that “Millions of innocent men, women and children, since the introduction of Christianity, have been burnt, tortured, fined and imprisoned; yet we have not advanced one inch towards uniformity.” He, John Adams, and Benjamin Franklin – all familiar with Europe’s never-ending, violent, religious wars and all strong proponents of separation of church and state – wrote a secular national motto  “E Pluribus Unum” or “One from many,” hoping for American unity.

    The campaign to change the motto to “In God We Trust” surfaced during the insecurity of the1830s Depression, following Jacksonians’ destruction of the National Bank. Use of the motto on U.S. money abated and resurfaced continuously until the Civil War when the phrase was used consistently on coins to remind citizens the Union was on God’s side of the slavery issue. In 1861 Lincoln, who appointed religious zealot James Pollock director of the Mint, needed a nation united with a national currency to fund the war between the states. Christian ministers called for replacing coins’ Goddess of Liberty with “In God We Trust.”

    By the time the Pledge of Allegiance was adopted in 1892, the official God was apparently no longer entirely in favor of equality for former slaves. Author, Baptist minister Francis Bellamy,  painfully pressured out of his own church in 1891 for alleged socialist views, proposed his amended pledge the following year. Chairman of a state school superintendents committee and a savvy politician, Bellamy took the word “equality” out of his original version. The superintendents had expressed fear that liberty, equality and justice might be enough to rouse movements for women’s and African Americans’ equality. By removing equality, Bellamy got the pledge into public schools.

    “In God We Trust” came and went on money until its institutionalization in 1908. President Theodore Roosevelt disapproved calling it a “cheap” political motto. The pledge was toyed with, as well. In 1942 it was adopted into the U.S. Flag Code without the “under God.” Then, in 1943 the U.S. Supreme Court ruled that public school children could not be forced to recite it. By 1954, after a campaign by the Catholic Knights of  Columbus and during the Red Scare, the religious/political pendulum swung the other way. The words “under God” were inserted in the pledge during this disgraceful period.

    It would be easy to revert to the childhood mantra that sticks and stones will break your bones, but names will never hurt you. Names, sticks and stones all hurt and usually come together, however. Real harm is caused.

    In the last half century or so, Catholics, Mormons, The Christian Coalition, and Protestant fundamentalists, to name a few, have controlled Americans’ reproductive rights, defeated the Equal Rights Amendment for women, organized churches to elect conservative Republicans, backed faith-based initiatives, promoted parochial schools, and censored textbooks, respectively. The Christian Coalition alone claims to have sent voter registration packets to 250,000 churches. Ronald Regan’s and George W. Bush’s  election victories are attributed by many analysts to the work of Republican-Party, Christian-Fundamentalist organizations. Washington’s faith-based initiatives, used to buy votes in the 2004 election, were a quid pro quo to churches which stuck to the party line. The Christian Right is a well-financed, fearsome foe on the road to political power and theocracy.

    We cannot pretend that the intrusion of religion into government is not part of the  conservative agenda. The U.S. Supreme Court, currently controlled by conservatives, is supposed to uphold the Constitution. Sporadically, over the years, it has, more often than not.

    It is almost 50 years since school prayer was outlawed by the court (almost as long as “under God” has been in the pledge). Attempts have been made to chip away at the protection, but now even extracurricular school events may not force religion on participants or  spectators. By 1985 the court ruled that not so much as a moment of silence “where the motivation is encouragement of prayer” is constitutional at a government-sponsored event. An exception was made for the Nebraska Legislature in 2004 (perhaps explaining why the Vermont Legislature disregards its own constitution), but its invocation must still remain non-denominational. Town Council prayer has finally been tested and restricted in the last couple decades, as broad-minded citizens win Supreme Court cases again and again against the new, non-denominational, establishment prayer.

   A few local thinkers, in attempts to deal with establishment of religion, have suggested rotating invocations among various clergy. However, if one wrong doesn’t make a right and two wrongs don’t make a right, why would three, four, five or more? In practice this ecumenical effort has usually stretched only as far as a variety of Christian  denominations. At least 75 percent of invocations at government meetings were rotated among Protestant ministers. It is a moot point. The Supreme Court addressed rotational prayer by noting that when any one prayer is used, by the very nature of its exercise,  all others are excluded. It would be impossible to have a prayer or philosophical treatise fitting the views of every meeting attendee, including the 17 percent of Americans who claim to be atheist or agnostic. Furthermore, that is not the purpose of a Town Meeting or any other government assembly. Prayer is simply not Town Meeting business.

   Only the vigilance of thoughtful and courageous common citizens insisting on government neutrality can save us from ourselves. Citizens who take patriotism to the highest legal level, fighting back in the courts, are the ones who protect both freedom of religion and freedom from religion. Neutrality – not Christianity, Judaism,  Islam, secular humanism, or atheism – protects citizens’ freedom of conscience. The side benefit – preventing the abuse of power by over-weaning religious organizations – can also not be underestimated.

                                                                     Marilyn  Hackett

                                                                        Franklin                                                    

“Challenges for Change” Swings and Misses…Again

There’s still more devil in the details of Challenges for Change.  One of the proposed “efficiencies” is to eliminate the practice of inserting paid notices in 16 local newspapers whenever the state wants to change the Wetlands rules.  These notices serve to inform the public and offer them opportunities to participate in the process.  The cost for advertising, per rule-change, averages $2,000.; and last year, there were 60 occasions when these notices were required. The CFC proposal is to restrict notification to posting on the internet.  According to the Free Press, the annual savings is estimated at $100,000.; and Tom Evslin is quoted as saying:

The more accessible the rules are, the better chance people will see them.

Who could argue with that logic?  As is well-known by Mr. Evslin, we live in a state that is still famously underserved by high-speed internet; a state where a huge segment of the population still relies on newspapers to know what is happening locally.  It is true that, once high-speed internet is universally available in the state, and Vermonters evolve with the available technology, there may come a time when newspaper notifications become unnecessary; but to eliminate them now, when we know the population is demographically aging and therefore more inclined to get their news in traditional ways, will reduce the number of people who are engaged.  How many people in Vermont are going to make a daily visit to the State website to see “what’s new?”  If openness and accessibility are what we expect from our state government, this is a move in the wrong direction.

Like much of the number magic in “Challenges for Change,” the suggested savings of $100,000. is deceptively simple.  Even assuming the figure is accurate, it completely ignores the collateral losses of taking that $100,000. investment away from local newspapers.  That’s what advertising is, essentially: investment.  More small newspapers are succumbing to market pressures every year; and our communities are impacted by those losses.  We may not always like what we read in our local papers; but they still play an important role of connectivity in Vermont.   We can’t afford to lose that any more than we can afford to lose the associated jobs and tax dollars that those 16 local papers mean for Vermont.

Updated: Hold Your Nose and Have Another

As promised, I am sharing the response I received today to my queries (see beneath the fold), from Bryan Harrington of the ANR:

I am covering for John Akielaszek while he is on vacation.  I do not regulate AgriMark/Cabot, but I will answer your questions as best I can.

1.   We are not requiring Cabot to build the treatment plant for the reasons stated in the Response Summary.  I can’t answer the second half of this question.

2.  The water quality evaluation was received on February 25, 2010.  I have not reviewed the evaluation.

3.  The indirect discharge permit contains stream sampling requirements.  AgriMark/Cabot has just applied for renewal of their permit, so a determination of compliance with Water Quality Standards will be made during the renewal review.  Samples are analyzed by an independent lab.  To my knowledge, no biological sampling has been requested.

4.  The Wastewater Management Division has not done any independent analysis of water quality related to the Cabot permit, but other ANR entities (such as the Water Quality Division) may have data from the watersheds in the Cabot area.

To which I responded with the following additional queries:

 I do not see anywhere in the amended permit any reference to the wastewater treatment plant that  was promised.  Can you tell me on what page I should be looking?

There is one additional thing I’d like to know.  Nowhere in the list of chemical substances for which the wastewater is to be tested, is there any mention of toluene,  benzene or any other toxic substances which concerned local citizens have alleged may be found in it.  In fact, the description of the “polished permeate” in the document does not seem to include solvents or other  industrial agents that might find their way into the wastewater through routine cleaning operations.  Has the state done any testing for these toxic substances or is it just taking Agri-Mark’s own analysis at face-value?

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ANR Gives Agri-Mark/Cabot the Green Flag to Disperse more Effluent

As if to illustrate the shape of things to come, should the Governor’s CFC recommendations be adopted by the legislature, the  Agency of Natural Resources has announced its decision permitting Agri-Mark/Cabot to expand its wasterwater dispersement operations in northeast Vermont.   You may recall that, last fall, a good many concerned citizens in the region attempted to dissuade the ANR from issuing the expanded permit, due to the fact that Cabot has never fulfilled its original commitment to build a wastewater treatment facility near the plant, and because there was evidence that the effluent being distributed on land and into manure pits was not in fact simply whey (as the original permit had assumed); but rather, a cocktail of dairy waste and chemicals, some of which were potentially hazardous to the exposed watershed.

Despite concerns raised by  local petitioners, who had little in the way of resources to pursue these issues themselves, ANR does not appear to be presenting chemical analysis of the effluent; nor has it taken any position with regard to the wastewater plant that Cabot never built, despite that having been a condition of the initial permit.

This has particular relevance as we contemplate what permit review and enforcement in Vermont might look like, should the Governor get his wish to consolidate and “simplify” the process under the sole authority of the troubled Agency of Natural Resources.

As soon as notification appeared in my e-mail this morning, I read the decision and sent a quick reply posing the following questions with regard to the decision:


1) Is Agri-Mark/Cabot going to be required to build the wastewater treatment facility that they originally agreed to build before the discharge program began some years ago?  It was supposed to include “…evaluation of all chemical analysis of effluent.”  What specifically did the chemical analysis reveal and who certified it?

2) I see that a Water Quality Evaluation was due March 31, 2010.  Was that evaluation made, and what were the results?

3) Did the Secretary request biological and receiving stream data and was it in compliance with Vermont Water Quality Standards?  Who certified the data?

4) Did the ANR itself do any independent analysis of water quality in the surrounding watershed?

Mid-afternoon, I received this response:

I believe John Akielaszek is the only person who can respond to your questions. He just started vacation and will be back April 27. If you have additional questions, you may want to e-mail him directly at john.akielaszek@state.vt.us

I sent my questions to Mr. Akielaszek and received an automatic response that he is on his annual leave and that I could contact Bryan Harrington “with Indirect Discharge queries.” I have forwarded my questions now to him.  I’ll let you know when someone finally gives me some answers.

All of this go-round to get answers to a total of…let’s see seven fairly basic questions.? Four require a simple “yes” or “no” answer;” two require the name of an entity or individual.  Only two require any data; and that should be a matter of public record.   My point is that, if an important decision that has seen its share of controversy is released; and the only  person in the entire ANR who is able to answer questions about it is on an extended holiday when it is released; what does that say about the Agency’s ability to function even within the limits of its current responsibility?

When It’s Waste Deep, Shouldn’t We at Least Get a Shovel?

While everyone was busy watching the “meltdown” of Vermont Yankee, a potentially bigger natural disaster was shaping up on the House floor, aided and abetted by Shap Smith and the knee-jerk enablers of Jim Douglas’ scorched earth agenda.

Among the smorgasboard of ritual guttings that are suggested in Douglas’ “Challenge For Change” report, is a proposal that could effectively eliminate the permit process altogether.  Talk about throwing the baby out with the bathwater!! Barely mentioned in the Free Press article  were proposed changes to the regulatory process, as per the following excerpts from the “Challenges for Change Progress Report” (emphasis added):

Permitting and Licensing Efficiencies will be achieved through the expanded use of expedited Agency of Natural Resources (ANR) permitting methods such as general permits, permits by rule, conditional exemptions and acceptance of professional certifications.

.Give ANR authority to issue permits in various ways for categories of activities that are subject to the same regulatory requirements

.Authorize ANR to accept professional certifications that permit applications are complete and accurate and eliminate application review.

It is commonly recognized that one of the factors that prevented Vermont from sinking as low as most other states in this economic downturn is the existence in Vermont of a rigorous permit review process that regulates growth and development to ensure that it does not exceed sustainable levels. One of the best components of this rigorous permit review process is that it recognizes the value of public participation in the process and allows for input from all the stake-holders, including private citizens, whose rights and best interests might otherwise be ignored by decision-makers.

Allowing the ANR to implement a permits by rule system, as envisioned in this report, to replace the customary review process could ultimately mean that a developer might be obliged to do no more than  complete an on-line permit application, simply identifying the rules that would apply and be awarded a permit more or less automatically, without review or opportunity for challenge.  The developer might be allowed to “self-certify” that he was in compliance with the rules, or simply submit an affidavit from a professional certifying that he was in compliance.  

Anyone who has participated in the Act 250 process (as I have) can tell you that developers have no difficulty finding paid “professionals” to select only the facts that would lead one to believe they are in compliance.  It is only through the opportunity for challenge by other stake-holders, that the full facts may be discovered and disclosed so that an informed decision may be reached by the permitting body.  It is not and should not be a perfunctory process when the permit decisions being rendered will permanently alter our living environments and the condition of our valuable natural resources.

Under the “Challenges for Change” agenda, compliance would pretty much become a voluntary decision on the part of the applicant and inevitable permit holder.  To my knowledge no spreadsheet analysis has so far even been offered to support Douglas’ claim of savings.  Whatever might be saved through these so-called “efficiencies” in the permit system would quickly be dwarfed by losses the state would experience through water quality and environmental impacts, declining property values  and unanticipated brown-field situations.

The ANR’s practice of issuing “general permits” has already tested applicants’ reliability when it comes to self-certification.  A  2008 Messenger article by Michele Monroe  reports on a study conducted by the Conservation Law Foundation.   In its analysis, among other evidence of ANR’s failure to do the most fundamental job of water protection, the CFA found that:


the state issued 319 Notices of Alleged Violation (NOAVs) from 1997-2006 for discharging pollutants into waters of the state or failing to obtain a permit for discharges. Of those only 32 resulted in formal enforcement action… Ninety-nine of those NOAVs were for National Pollution Discharge Elimination System (NPDES) violations. Of those only nine were followed up with formal enforcement action.

The governor’s CFC proposal would increase unregulated discharges up to 6,500 gallons.

If that isn’t bad enough, the CFC would eliminate Regional Planning Commissions; double the lag time between required reviews of solid waste certifications and hazardous waste facilities from five years to ten; and significantly reduce monitoring requirements on those waste sites following closures.

It looks like the Governor’s answer to ANR’s failure to effectively do their job is to give them more responsibility and lower the bar so far that almost no level of pollution is prohibited.

If, as the Free Press article would seem to suggest, members of the House are inclined to go along with the Governor’s recommendations, they ought to be ashamed of themselves for being so short-sighted; and I invite the Speaker to tell us why we should entrust full responsibility for permitting in Vermont to an Agency which,  when repeatedly accused of ineffectiveness, has characterized itself as  underfunded and understaffed.  

Contact your legislative representatives. Tell them you’re paying attention; tell them what you think of the “Challenges for Change” agenda in general; and remind them once again that their first obligation is to protect their constituents’ right to full participation in an effective environmental protection and permit review system.

http://www.leg.state.vt.us/lms…

http://www.leg.state.vt.us/lms…

And the sergeant at arms number for phoning messages

into the statehouse: (802) 828-2228

Douglas Dumps Vermont Quality Seal

It’s not often that I find myself agreeing with  Emerson Lynn; but because I understand the value of having a local independent newspaper I like to give him credit on the rare occasions when I think he gets it right.  With this in mind, his editorial in Friday’s Messenger (also VT Tiger), addressing Douglas’ suspension of the  Vermont Quality Seal Program is worthy of mention here.  It appears that this is one gubernatorial budget cut to which Mr. Lynn takes exception, as well he should.

Everyone seems to agree that credibility of the Seal and the Vermont “brand” as a whole has been undermined by a lack of meaningful regulation. Unlike Governor Douglas, those who recognize the intrinsic value of Vermont’s reputation for excellence know that the answer is not to eliminate the program altogether, but rather to establish  a regulatory process that will restore confidence in the Seal.  This should not have to be done at the expense of education or social service funding. Since all would benefit from the enhanced market prestige that a meaningful and effective quality assurance program would bring to Vermont products,  funding might be efficiently managed as a shared cost of doing business in Vermont.   In a state that still needs much improvement with regard to joblessness, employment created in the process should be regarded as a plus rather than a burden.

On every possible occasion Douglas has loudly proclaimed his lack of confidence in Vermont’s viability; and his opposition to anything resembling business regulation is well-known.  It is therefore not surprising that he would be willing, even eager to abandon the Vermont Seal of Quality Program rather than embracing the kind of regulation that would actually validate the Seal.

Democratic gubernatorial candidates Deb Markowicz and  Doug Racine quickly went on record opposing the Governors’ position, which Markowicz describes as “anti-business;” and in an interesting departure from his usual position on the Governor’s coattails, even the Lt. Governor has objected to the proposal to scrap the Quality Seal.  

This is one issue on which Vermonters of every stripe should be able to agree.  Vermont’s economic future will be built on the reputation of its products and services.  Doing everything possible to defend and further that reputation should be a high priority for the Governor’s office, no matter who happens to occupy it.