Friday, May 25, 2012
Sent by Corinne Stridsberg and also posted at http://socialenergy.blogspot.com
Check out the
INFORMATION ON:
RESCHEDULED MIDDLE SCHOOL CONCERT now on
MESSAGE FROM U-32 PRINCIPAL KEITH GERRITT
BAKED BEADS 20th Annual Memorial Day Weekend Sale - save receipts
***
SPECIAL BERLIN STATE HOSPITAL 5/30/12
The Berlin Select Board will
hold a joint meeting with the Board of Directors of the Berlin Elementary
School Wednesday, May
30th, 2012 at 6pm at the Berlin Elementary
School Vermont Berlin Central Vermont Medical Center Fisher Road
***
MIDDLE SCHOOL SPRING CONCERT RESCHEDULED
We have been able to reschedule the Middle School Music
Concert that was, unfortunately, cancelled last night (5/24).It will now be on Wednesday, May 30th at
Thanks for your patience and special thanks to the music department for helping make this work for the MS musicians!
***
A MESSAGE FROM PRINCIPAL, KEITH GERRITTTo all of the members of the U-32 Learning Community,
I want to share with you the message delivered to the entire school this morning.
We were able to identify the person that was responsible for our recent false bomb threats. The person has been arrested.
The building was searched by the U-32 certified search teams yesterday afternoon and we are safe to be in school.
Students were informed that anyone who is in need of more support should see their Teacher Advisor, a school counselor, or an administrator.
I was very proud of the way our school responded to the interruptions this week. The Vermont State Police and the East Montpelier Fire Department officials who were on campus were all impressed with the way the students of U-32 conducted themselves.
***
BAKED
BEADS 20th Annual Memorial Day Weekend Clearance Sale - Save your cash register
receipts. Send in to May 25 - 27, Friday - Sunday 10am-5pm Dozens of new jewelry styles Scarves, Sunglasses, Pashminas, Reading Glasses, Key Chains, Coin Purses, Hair Accessories, Beads & more!
Save your cash register receipts. Send into the school and the PTNA will receive 10% back
***
Friends of Berlin
http://friendsofberlinpond.blogspot.com
***
POND USERS TO
FACE CHARGES (pub 5/25/12 )
On Wednesday, the City Council, in front of a packed audience, gave Facos its blessing to start issuing citations immediately.
City Manager William Fraser said he and Facos were looking for direction from the City Council, and they got it.
Many of those who attended Wednesday’s meeting were
“This is an extremely important issue that is out of control,” Cathy Hartshorn, of
Earlier this month, the Supreme Court ruled that
The court did not rule, however, that the city can’t address trespassing on land it owns around the pond. “Ownership of the land was never in question,” Facos said in a news release Thursday.
At Wednesday’s meeting Facos expressed concern about issuing citations for trespassing if State’s Attorney Thomas Kelly is not interested in prosecuting the cases.
Kelly said Thursday that if people are trespassing on properly posted land, his office will “absolutely” prosecute offenders.
If convicted of criminal trespass, defendants could be fined up to $500, imprisoned up to three months, or both. It’s a criminal conviction and goes on the person’s record, Facos said; it’s not a traffic ticket.
No citations had been issued as of Thursday afternoon, police said, but officers were to begin enforcement later that day. The Berlin Police Department is on board with writing citations for trespassing on
For people concerned about protecting the pond, which is the source of
“I don’t like boaters on it and fishing on it,” said Jeff Schumann, of
The hope is that enforcing the trespassing ban will curb the immediate enthusiasm to gain access to Berlin Pond, which has been restricted for more than 100 years, but Fraser also asked the City Council on Wednesday to move forward with a long-term policy.
In response, the council asked Fraser to coordinate a joint meeting between it and the Berlin Select Board.
Facos said his officers won’t be patrolling the pond full time, but he’s working on a plan to monitor it regularly.
With this being Memorial Day weekend, he’s anticipating he might have to spend some money on officer overtime to keep an eye on the pond.
While the city’s land is posted against trespassing, the
***
MONTPELIER POLICE BEGIN TO
WRITE TICKETS AT THE BERLIN POND (pub 5/24/12 ) by Nick
Natario
"I had a broken hook. I was putting on my hook," said Sawyer.
But then Sawyer says the only thing he caught was the attention of the police.
"Then I see him and I came up the road to see what we going on," said Sawyer.
On Wednesday city council asked police to increase enforcement of people trespassing on city property.
The majority of which surrounds the
This move comes as reaction to a Vermont Supreme Court ruling earlier this month.
The court ruled that even though
Now police hope three months in jail or a $500 dollar fine will do the trick.
"This will be from this point forward until different regulatory changes potentially may occur, this will be a consistent effort to protect our land," said Montpelier Police Chief Anthony Facos.
Police say their goal is not to come out and write everybody a ticket but they say if they catch you on the property more than once, you can expect it.
Sawyer got the first warning handed out and he has no intention of getting the first ticket.
"I wouldn't do it. You'll get written up," said Sawyer.
A message police say they hope gets around to everyone before Memorial Day Weekend comes.
***
POLICE TO ENFORCE TRESPASSING LAWS
AT BERLIN
Posted on May 24, 2012 by Darren Marcy | 2 CommentsEffective immediately, the
Police were expected at the pond momentarily.
The land around the pond has been posted for years, prior to the Vermont Supreme Court decision filed on May 11, which specifically dealt with the issue of authority over the water. Ownership of the land was never in question, according to Facos. As a result of this decision, there have been numerous reports of criminal trespass around the pond, therefore necessitating a stepped-up enforcement response, Facos said.
He said individuals on the posted land are subject to be cited into criminal court. The law states a person shall be imprisoned for not more than three months or fined no more than $500, or both, if convicted.
Comments
from when I posted Berlin Pond information on the Berlin, Vermont facebook page
I have for community news:
Jonahtan
Boyd - It's really too bad that in the short time that the pond has been open
that people have shown their lack of responsibility! Empty beer and soda
cans... fishing lures, lines and garbage just left all over the place. If
people can't use it responsibly, then they shouldn't be able to use it at all.
***
Anne
Howland - The word should get out that unfortunate as all this visible trash
is, the REAL invasion will be ZEBRA MUSSELS, which can be brought in on any type of
boat or even foot gear. In their initial life stage they are invisible. Once
they find the intake pipe to Montpelier's water
system, they will latch on & reproduce exponentially, inevitable invading
the pipe's interior to locations where they cannot be reached & cleaned
out. This will in turn cost the city
money digging up, cleaning/replacing pipeline for years to come. This issue was clearly brought up in the oral
argument before the Court. How very,
very unfortunate that the Supreme Court made this decision.
e intake pipe to Montpelier's water
system, they will latch on & reproduce exponentially, inevitably invading
the pipe's interior to locations where they cannot be reached & cleaned
out. This will in turn cost the city money digging up, cleaning/replacing
pipeline for years to come. This issue was clearly brought up in the oral
argument before the Court. How very, very unfortunate that the Supreme Court
made this decision.
***
MONTPELIER WEIGHS OPTIONS TO
REGAIN CONTROL AT BERLIN POND (pub 5/24/12 )
MONTPELIER — City Manager William Fraser is
asking the City Council to decide whether to enforce no trespassing on city
land on Berlin Pond and to consider its options after the recent Vermont
Supreme Court decision opening up the city’s drinking water source for
recreational use.
“We’ve got land, it’s posted ‘No Trespassing,’ and people are trespassing,” Fraser said.
The City Council needs to decide, he said, whetherMontpelier
The city owns all but a small portion of the land surrounding Berlin Pond. The town ofBerlin
Fraser said Police Chief Anthony Facos is fine with patrolling the pond for scofflaws, several of whom could be seen Wednesday afternoon flagrantly ignoring the city’s “No Trespassing” signs and fishing from shore.
Berlin Pond homeowner Phil Gentile has put up his own “No Trespassing” signs on his property.
In the 25 years he’s lived on the pond, he said, he has never put up signs forbidding people from walking across his property. But after what he witnessed last weekend, Gentile said, there were so many blatant trespassers, he felt he had to post the signs.
Gentile said he is happy to take them down as soon as some control is put in place.
“Right now,” he said, “there’s no control.”
What he would like to see is a moratorium on any access to the pond until the science can be studied and the potential risks assessed.
“We’re moving way too fast,” Gentile said. “I think there needs to be caution.”
He, along with several otherBerlin
The city’s attorney presented the City Council, mayor and Fraser with several options after the Supreme Court ruling that the city has no authority to regulate Berlin Pond, that it’s rather the domain of the state.
The city’s attorney, Glenn Howland of McKee, Giuliani & Cleveland, on Tuesday prepared five options for the council to consider.
The first option proposed by Howland is that the city stop all efforts to protect the drinking water in Berlin Pond and to sell the landMontpelier
It may make no sense for the city to own any of (the land surrounding the pond), and the council could contemplate offering the property to the highest bidder,” Howland said.
Berlin
If the City Council chooses that option, the burden to protect water would be left to the Agency of Natural Resources and the town ofBerlin
In an email, Fraser said he doubted this option would be given much consideration.
The city, according to Howland’s recommendation, could continue its “historical level of vigilance and stewardship over its water supply.”
That could include working with the Berlin Select Board to implement a no-trespassing ordinance on the parcel of landBerlin Mirror Lake Road
Howland said that recent developments suggest the town ofBerlin
The city, Howland said, could also petition for a rule change from the Agency of Natural Resources.
A recently passed bill in the Legislature, signed by Gov. Peter Shumlin this month, moved the rulemaking authority for bodies of water from the Water Resources Panel to the Agency of Natural Resources.
According to the Natural Resources Board’s general counsel, John Hasen, in 2007 the city petitioned for a rule change regarding access to Berlin Pond, but that effort was abandoned.
Hasen said the panel had requested more information from the city to support its petition but never heard back. According to Fraser, the panel rejected the petition.
Fighting the case in court, on the other hand, hasn’t been cheap. To date, the city has spent $37,493.24 on legal fees and expenses, the city manager’s office said.
Other options outlined by Howland include state legislative changes, a city charter change, and building a physical barrier preventing access to the pond fromMirror Lake Road
keith.vance @timesargus.com
“We’ve got land, it’s posted ‘No Trespassing,’ and people are trespassing,” Fraser said.
The City Council needs to decide, he said, whether
The city owns all but a small portion of the land surrounding Berlin Pond. The town of
Fraser said Police Chief Anthony Facos is fine with patrolling the pond for scofflaws, several of whom could be seen Wednesday afternoon flagrantly ignoring the city’s “No Trespassing” signs and fishing from shore.
Berlin Pond homeowner Phil Gentile has put up his own “No Trespassing” signs on his property.
In the 25 years he’s lived on the pond, he said, he has never put up signs forbidding people from walking across his property. But after what he witnessed last weekend, Gentile said, there were so many blatant trespassers, he felt he had to post the signs.
Gentile said he is happy to take them down as soon as some control is put in place.
“Right now,” he said, “there’s no control.”
What he would like to see is a moratorium on any access to the pond until the science can be studied and the potential risks assessed.
“We’re moving way too fast,” Gentile said. “I think there needs to be caution.”
He, along with several other
The city’s attorney presented the City Council, mayor and Fraser with several options after the Supreme Court ruling that the city has no authority to regulate Berlin Pond, that it’s rather the domain of the state.
The city’s attorney, Glenn Howland of McKee, Giuliani & Cleveland, on Tuesday prepared five options for the council to consider.
The first option proposed by Howland is that the city stop all efforts to protect the drinking water in Berlin Pond and to sell the land
It may make no sense for the city to own any of (the land surrounding the pond), and the council could contemplate offering the property to the highest bidder,” Howland said.
If the City Council chooses that option, the burden to protect water would be left to the Agency of Natural Resources and the town of
In an email, Fraser said he doubted this option would be given much consideration.
The city, according to Howland’s recommendation, could continue its “historical level of vigilance and stewardship over its water supply.”
That could include working with the Berlin Select Board to implement a no-trespassing ordinance on the parcel of land
Howland said that recent developments suggest the town of
The city, Howland said, could also petition for a rule change from the Agency of Natural Resources.
A recently passed bill in the Legislature, signed by Gov. Peter Shumlin this month, moved the rulemaking authority for bodies of water from the Water Resources Panel to the Agency of Natural Resources.
According to the Natural Resources Board’s general counsel, John Hasen, in 2007 the city petitioned for a rule change regarding access to Berlin Pond, but that effort was abandoned.
Hasen said the panel had requested more information from the city to support its petition but never heard back. According to Fraser, the panel rejected the petition.
Fighting the case in court, on the other hand, hasn’t been cheap. To date, the city has spent $37,493.24 on legal fees and expenses, the city manager’s office said.
Other options outlined by Howland include state legislative changes, a city charter change, and building a physical barrier preventing access to the pond from
keith.vance @timesargus.com
***
Letters to Editor
How about
recreation area
As an avid kayak fisherman and Barre resident, I have been salivating at the opportunity to fish Berlin Pond for several years with dreams of landing monster fish for a few moments of admiration. The beauty I find in my fishing forays is grossly disproportionate to the number of fish I catch (and release) and I am the first to encourage my friends to explore and experienceVermont Montpelier Berlin
Philip Stevens, Barre
As an avid kayak fisherman and Barre resident, I have been salivating at the opportunity to fish Berlin Pond for several years with dreams of landing monster fish for a few moments of admiration. The beauty I find in my fishing forays is grossly disproportionate to the number of fish I catch (and release) and I am the first to encourage my friends to explore and experience
Philip Stevens, Barre
***
Much at stake at
Berlin PondAfter having read the May 23 article “Berlin Pond neighbors push to stem ‘invasion,’” I really am surprised the lengths people will go to protect their own equities. Berlin Pond belongs to all Vermonters. Those who live adjacent to the pond have been the primary beneficiaries of the pond’s existence and its bucolic views unsullied by other Vermonters for a hundred years, but that doesn’t convey “ownership” or “stewardship” of this shared resource upon them.
Fortunately, through the brave and selfless advocacy of a few the Supreme Court has now corrected the abuse of power that kept all Vermonters from access to their shared birthright.
Unfortunately, now those who benefited from the previous abuses seek to restore their enviable position through indefensible actions such as posting “No Parking” signs without the force of law behind them and other shenanigans.
Reasonable restrictions, such as those seen for other public waters used for both recreation and water supply, may be called for but the proposed underhanded tactics highlight just how much some people are willing to abuse the rights of their fellow Vermonters in order to preserve their view. That being said preserving Vermonters’ access to their public property should not fall solely upon the shoulders of
An access scheme, well thought out and accounting for both environmental concerns and the rights of Vermonters to enjoy this shared resource, would do much to alleviate concerns. But only if the fortunate few who live along the pond’s border accept that their exclusive enjoyment of the pond is at an end.
Patrick Cashman, Shelburne
# posted by Corinne's blog of Berlin and area happenings @ 12:34 PM 
