This meeting was brought to order by the Chairman, Mark Mitchell  at 1:00 pm in the AOT Board Room, 5^th Floor, National Life Building; Montpelier, Vermont.

Approval of Minutes from March 27, 2008

Jeanne moved for the approval of the March 27^th minutes and Judy seconded.  Commission members agreed that the discussion with Senator Illuzzi should be transcribed. Mark corrected the language on page 2 from Governor to Legislature.  March 27, 2008 minutes with correction and transcription were approved by Commission consensus.

1.      Status of H873

Mark noted that this amendment has gone from protecting one of the best known archeological recourses identified at this time, the Burlington Intervale, to the issue of composting.   Judy led the discussion about the current status of the bill.  Judy informed the Commission that the bill was presented to the House Committee on Fish and Wildlife by David Dean, and a member of that Committee who is a legal advisor for Chittenden Solid Waste District.  The bill was presented as an “Act to clean up Lake Champlain and other state waters.”  This bill focused on water quality and the total maximum daily limit, but included exemption for composting facilities.  The bill was passed by the House Committee and sent to the Senate Committee on Natural Resources and Energy.  Legislative Council member Mike O’Grady compiled a list of all laws that impact composting and are written to protect the environment as well as archeological resources.  Included was the Natural Resources jurisdictional opinion.  Exempting composting from these laws would be problematic.  Judy noted that the hearings have been controversial and heated. 

The latest draft of this bill includes a two year moratorium exempting all composting facilities from Act 250 as long as there are no increases in size or any substantial changes made to the facility.  There has also been the addition of a committee to review how composting facilities will comply after 2010. The Committee will include members from Natural Resources Board, Agriculture, Vermont League of Cities and Towns, Environmental Groups, State Historic Preservation, State Solid Waste, and Composting Association of Vermont.  Judy and Mark both put in a request for a member from the VCNAA to be included.

There is also a ‘sun set’ clause in this amended bill that states: “Composting facilities regulatory review of this act shall be repealed on July 1, 2010.  The composting facilities that have been operating at that time, between June 1, 1970 and June 1, 2010 which constitutes a development pursuant of… including a composting facility where Act 250 jurisdiction has been formally determined shall be subject to jurisdiction under 10 VSA, chapter 151, (Act 250) after July 1, 2010. A jurisdictional opinion has already been issued to Vermont Composting Company in Montpelier, and Intervale Compost noting that they are subject to Act 250.  On July 1, 2010 both facilities will have to comply with Act 250.

Don was concerned with the preservation of artifacts and human remains in the archeological district.  Judy said that this remains the root of the controversy and is the reason the bill has not been completed.  Tom Moreau, head of Chittenden Solid Waste, submitted a 15 page package deal to the Attorney General’s office this week asking for additional special treatment and privileges like being open a year longer than the ‘sun set’ date.  April St. Francis has also met with several agencies and requested that the compost facility at the Intervale remain there.  This has caused strife between members of the Abenaki Community.

As an individual community member Judy was present at the hearing and provided testimony with a map for the size of the floodway, and where the wetlands were with another map.  She was asked what part of the Intervale is actually in the floodway.  Judy provided another map showing that the entire facility, except for their office, is in the floodway.  She then distributed the maps along with her report to Commission members.

Judy’s maps included all certified composting facilities on waterways.  She also acquired a list of 16 farms facilities and 8 slaughter house facilities, all on waterways.

Mark noted that there is a possibility that leachate run off may affect a variety of waterways with possible destruction of archeological resources near these areas that have been identified, and areas that have not been identified.

Judy asked Paul if the term “substantial change” needs to be defined and he agreed.

She also tried to find a definition for “the scope” to be exceeded.  The scope seemed flexible since it can be amended.  Currently, on the Intervale’s certificate it says they have to bring their leachate to waste water treatment facilities, but the one they are applying for will make it possible for them to discharge it onto fields.  Scott Dillon, Survey Archeologist, has researched this method of discharge and it has been determined that it has a direct impact on archeological remains.   Repeatedly spreading leachate and introducing organic matter to human remains will cause then to quickly decompose and will change the chemical structure of stone artifacts so they can no longer be carbon dated.  Because of the cost of having the leachate pumped and sent to a waste treatment facility the Intervale wants to be able to spread the leachate on fields like they have been illegally doing to this point.  The Intervale is the only fully certified composting facility in the state, the rest are categorically certified.

The difference between full certification, which also allows for food waste to be used, and categorical, which does not allow for food waste, is the amount of compost that can be stored and the location where it is being store.  Food waste contains more liquid that contributes to the large amounts of leachate at the Intervale.  The Intervale was only certified to operate on 10.5 acres, but has been operating on 21 acres of highly sensitive archeological sites with human remains.  By addressing this non-compliant operation Judy was able to get ANR to make the Intervale move their operation back, but they are still operating on 13 acres.  With their new request for certification they are asking for additional acres for their operations that will include this sensitive area.

On the issue of hoop houses, the Intervale is trying to change FEMA laws and Accepted Agricultural Practices because these laws do not allow for any structure, including hoop houses, in a designated floodway. FEMA continues to pursue the hoop house issue as hoop houses continue to be built in the Intervale.

If a committee is created by the passing of this bill, and the Commission is awarded a seat, the Commission members discussed assigning the Chairman, Mark Mitchell the authority to appoint a member of the Commission to this seat without warning a meeting.  Charlene moved to support this appointment by the Chairman and Hilary seconded.  Don moved for the vote and Hilary seconded.  There was Commission consensus that Mark will appoint a committee member to this board without warning a meeting.

Judy noted that archeological studies have been done on only 1% of the 1,700 acres in the Burlington Intervale.   By listing this archeologically sensitive area on the State Register any further construction has been prevented by Act 250. On the Colchester side of the Intervale that is not as large and less sensitive, 13 studies have been conducted.  Judy noted that it is important for both the Colchester side and the Winooski side of the Intervale to also be listed on the State Register; a daunting task.

2.      Title VII Website

Mark asked Commission members if they had visited the Title VII website and if they had any questions or comments.  Hilary asked what the Commissions role should be in regard to working with communities and Title VII grants.  Mark said that the Commission would be available for technical assistance, but that it is up to Native communities to organize themselves and warn meetings.  The website itself offers assistance for grant applications and can answer questions on-line.  School boards will have to participate and should align themselves with their community.  Tim noted that Franklin County is the only Title VII County, and as districts shift, changes to Title VII will come about throughout the state and the Commission should plan for changes.  Judy noted that funds from Title VII (Johnson O’Malley) can be used to pay for educational conferences or seminars for program education by the Commission.  Don asked if Title VII funds could also be used to update the Diversity Guide and the Essential Understanding plan that the Commission had worked on previously, and Judy said yes.  Mark noted that members need to be familiar with Title VII even if education is restructured and that the information is important for everyone’s community.

3.      New Business

Jo Hamlin addressed the Commission and shared information on a gathering that will be held at her house on May 3, 2008 where important native ideas will be discussed and she will be organizing an activist group to share political issues and attend any demonstrations that include Native Americans.

Mark shared with the Commission information at www.myrichuncle.com that assists with financial preparation for education and money available for minority groups.

Mark suggested that members keep in touch through the summer and add any pertinent information to his web site until July 31, 2008 when Commission terms end.

Mark agreed to reconvene during the summer if it is warranted. Mark noted that the amendment to S117 died in the house, but can be amended in the future.  Mark thanked all Commission members for their hard work during the past 2 years and expressed his appreciation.

Alicia shared with Commission members that during her work at the Legislative Council this past session she produced a manual entitled the Travel Nation Handbook for Vermont Legislators.  The manual will be available for the 2009 session and copies can be obtained by request.

The meeting was adjourned at 2:26 p.m.

Respectfully submitted,

Diane McInerney (say-air-kee-wayn-chukws)