Sunday, April 24, 2016
Berlin News to Know March 25, 2016
BERLIN NEWS TO KNOW March 25, 2016
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This communication
is put together and distributed on a volunteer basis by
resident Corinne Stridsberg simply in an effort to share information and build
community, it is not from the town of Berlin.
Please
share this with your Berlin friends and neighbors. If you're
not already receiving this news directly by email, send an email to request
this to corinnestridsberg@gmail.com.
*
For
current news look for "Berlin, Vermont" on facebook for a
constant flow of information. You don't need to be a facebook user to
access it, but if you do use facebook, be sure to "Like" it:
For
historical news look for "Berlin, Vermont Memories" on
facebook.
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Note:
I am looking for a couple more people to pledge $25 to the new Banjo Dan
fundraiser for the recording of the Sleeping Sentinel album which will include
the Big Bang of Berlin! I am gathering
ten pledges to be made on behalf of the Berlin Historical Society to have the
Berlin Historical Society mentioned on the Thank You credits. Please contact me today if you’re able to do
this! Thanks - Corinne
Below you will find:
RABIES CLINIC / DOG LICENSE REMINDER
BURN PERMITS
HISTORICAL
SOCIETY MEETINGS AND EVENTS
CAPITAL CITY
GRANGE HALL NOW AVAILABLE FOR RENTAL
BUS STOP CONVERSATIONS – INCLUDES
SPAGHETTI DINNER INFO
PAVING ON THE
BARRE-MONTPELIER ROAD
VOLUNTEERS
NEEDED IN BERLIN
BIG BANG STORY
BERLIN
PURSUING NEW ‘TOWN CENTER’
FROM
BERLIN FRONT PORCH FORUM
FREE
TAX PREPARATION HELP
SCHOLASTIC
CHESS APRIL 2ND
BERLIN
POND BOAT ACCESS CHALLENGED
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RABIES CLINIC / DOG LICENSE REMINDER
Saturday,
March 26 9am – noon Rabies Clinic at Central Vermont Humane Society $15 per
dog. Bring the most recent vaccination certificate
(tag not sufficient). 1589 VT Rte 14S,
East Montpelier. Call 476-3811 with questions.
*
The April 1st deadline to have your dog
registered is almost here (note, the Town Clerk's office is not open on
Fridays)
The cost is $9 if spayed or neutered, $11 if not. Payment needs to be either cash or a check. If it's your first time registering the dog and it is spayed or neutered, the certification for that is also needed to be kept on file. Registering your dog can even be taken care of through the mail as long as the correct paperwork is on file at the Town Clerk's office or is sent with the payment. Checks are made out to "Town of Berlin". Please make sure your current phone number is also on file
The cost is $9 if spayed or neutered, $11 if not. Payment needs to be either cash or a check. If it's your first time registering the dog and it is spayed or neutered, the certification for that is also needed to be kept on file. Registering your dog can even be taken care of through the mail as long as the correct paperwork is on file at the Town Clerk's office or is sent with the payment. Checks are made out to "Town of Berlin". Please make sure your current phone number is also on file
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BURN
PERMITS
The Fire Warden, Nick Garbacik, has had
information about requesting burn permits (along with the actual ordinance)
posted to the Town website.
http://www.berlinvt.org/fire-permit-procedure-burn-ordinance/
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HISTORICAL
SOCIETY MEETINGS & EVENTS
The Berlin Historical Society (BHS) will start
up their monthly meetings in April. We
enjoy spending a little time just before the meetings start looking at some of
our old photos on a large monitor or watching or listening to some old
interviews or other materials about Berlin.
BHS would be glad to add you to their email list to receive notices of
upcoming meetings and events, just send a request to HistoricalSociety@berlinvt.org .
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Wednesday, May 18th the
annual potluck / meeting will take place at the Congregational Church.
-
Saturday & Sunday, June 18th
& 19th BHS participates in the biennial VT History Expo in
Tunbridge
-
Find out about or share your
knowledge of Berlin’s history is joining the Berlin, Vermont Memories facebook
page: www.facebook.com/groups/BerlinVermontMemories
BHS is always interested in old photos (we’d be
happy to scan them for you) and information about Berlin. If you’re interested in information we have
or have something to share with us we can schedule a time to meet you at our
office at 108 Shed Road or come to you.
Corinne
Stridsberg, President
Berlin
Historical Society
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CAPITAL
CITY GRANGE HALL NOW AVAILABLE FOR RENTAL
Capital City Grange Hall is located at 6612 VT
Route 12 in Berlin, approximately a mile from downtown Montpelier with easy
access from I-89. There is convenient
off-street parking for about 125 cars with four reserved handicap parking
spaces adjacent to the ramp entrance.
The Hall is a broadband internet hot spot, with WI-FI available
throughout.
Amenities:
Main floor – Access is ADA-compliant, including
a ramp, and has an ADA-compliant bathroom; raised stage, with a piano; “the
best dance floor in New England; along with folding chairs and tables.
Lower level: Kitchen facilities for caterers,
potluck dinners, etc. and cafeteria-style tables for dining and meeting. Affordable Rates: Rates vary depending on day
of the week, time of day, and frequency of use.
Special arrangements are available for Town of Berlin events and for
Berlin residents. For more information
CapitalCityGrange.org/rentals Merry
Shernock, Rental Agent, 802-255-8477, merrykaysings@gmail.com
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BUS STOP
CONVERSATIONS – INCLUDES SPAGHETTI DINNER INFO
Bus Stop Conversations is online!
U-32 Boys Hockey Champions
The Circus Comes to Rumney
Berlin
Elementary Gets Worms (the ins & outs of vermin-composting)!
Zoo Sports
Network founder Bradley Smart receives VT Basketball Coaches Assoc. Media Award
Annual
Spaghetti Dinner, Raffle & Silent Auction at U-32, March 25
Project
Safe Introduced in Montpelier
Prevention Film & Discussion: The Other Side of
Cannabis, March 31, 6:30 p.m. at Montpelier High School
See current events, board minutes and pictures of the
circus at Rumney in the current issue of Bus Stop Conversations: http://www.u32.org/grades9-12/images/pdf/bus_stop/bus_stop3.23.16.pdf
Also, if you’d like to subscribe to Bus Stop
Conversations and receive it in your in box every two weeks during the school
year, please send us an email. Send to: dwolf@u32.org with
"subscribe Bus Stop" in the subject.
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PAVING
ON THE BARRE-MONTPELIER ROAD
The state plan to repave US Route 302 in Berlin
(Barre-Montpelier Road) and change in road markings is expected to start this
spring. WCAX had a story on it this week
and they also have the link to the three minute video that was made to give
more information on the “Road Diet” that is planned.
http://www.wcax.com/story/31547453/barre-montpelier-road-to-go-on-a-diet
VOLUNTEERS
NEEDED IN BERLIN
There are many ways for Berlin residents to be
involved in our community. Currently
there are openings on several of the board / committees / commissions. Check out the link for more details. Please contact Town Administrator Dana Hadley
at 223-4405 if you’re interested or
would like more about these positions.
http://www.berlinvt.org/wp-content/uploads/2016/03/Current-Opening-on-Town-Boards2.pdf
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BIG
BANG STORY
Previously the story of the Big Bang back in
1932 was mentioned. For those of you who
don't know this story, here is a link for you to read about it: http://www.thenorthfieldnews.com/news/2013-10-17/News/Berlins_Big_Bang.html
It's looking good to have Dan Lindner record
the album which will include the Big Bang of Berlin. Fundraising continues
through March 31st and just over $200 is needed to meet the $9,500 goal. If you
haven't checked out the short video yet about the project, that link is: https://www.kickstarter.com/projects/1081560633/the-sleeping-sentinel-banjo-dans-songs-of-vermont
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BERLIN PURSUING NEW ‘TOWN CENTER’
BERLIN
— The Select Board will pursue a special state designation that could pave the
way for the creation of “downtown Berlin,” but isn’t ready to green light the
clearing of a town-owned lot on Berlin Pond.
Acting on the recommendation of the Planning Commission and at the request of the town’s largest taxpayer, the Select Board this week agreed to apply for a state-sanctioned “new town center” — one that would be anchored by 65 acres of largely undeveloped land owned by Berlin Mall LLC.
Only about a third of the mall’s property has been developed and some of that would be redeveloped under what consultant Michael Rushman told board members is an ambitious plan to transform the suburban shopping complex into a complete community center.
“It will make it a place where people live, work, play and shop, as opposed to what it is now, which is primarily a place where people shop,” said Rushman, who recently pitched the proposal to a receptive Planning Commission.
According to Rushman, the mall’s owners are convinced the long-term success of the retail component of their property depends on its evolution into the sort of town center Berlin officials have long discussed, but never been in a position to advance.
With the mall as a willing partner, Rushman told board members that could change if the town secures the “new town center” designation, which is available to communities that are interested in creating the modern day equivalent of a traditional downtown because they don’t have one.
As he has in earlier presentations, Rushman described the mall as the “epicenter” of a proposed town center that could include the Central Vermont Medical Center and largely undeveloped land owned by Select Board member Wayne Lamberton and Randy LaGue.
In addition to opening the door to grant opportunities, and the potential creation of a tax increment financing district, Rushman said the state-sanctioned emergence of a new town center would make obtaining state land-use permits for future developments less complicated.
“We think that will provide a very different backdrop for future Act 250 proceedings that will inevitably have to be held for various projects,” he said, referring to what his client views as one of the key advantages of the soon-to-be-requested designation.
A relaxed regulatory environment — specifically with respect to mixed-income residential use that is a significant component of the mall’s conceptual proposal — would facilitate a plan that envisions transforming the road that runs in front of the mall into a two-lane “Main Street” that would extend out the existing access road to Route 62.
Plans envision a park with a playground, several acres of recreation trails and a mix of multi-story buildings, several which would house ground-floor retail establishments and some that would be devoted exclusively to mixed-income housing.
Rushman described the mall as a “master developer” of conceptual plans that would likely be implemented by other investors over a period of many years. The first step, he said, was for the town to apply for the new town center designation, like those obtained by Colchester and South Burlington.
According to Rushman, not much has happened with either of the previously approved town centers in part because of the comparatively large numbers of landowners involved.
“I think we can make a pretty compelling case that that’s not going to be the case here because you’ve got the players at the table that can make this a reality as opposed to just a designation,” he said.
Rushman will be tasked with making that case at the mall’s expense — a commitment the Select Board wants to see in writing before the application process begins.
According to Rushman’s “best-case” estimate, that process could be completed in six months, though the development that could follow would likely occur over a period of several years.
While the board authorized Rushman to apply for a new town center designation on the town’s behalf, members weren’t willing to approve Valerie Beaudet’s request to partially clear a town-owned parcel on Paine Turnpike North that includes 85 feet of frontage on Berlin Pond.
Though board members weren’t necessarily opposed to Beaudet’s request, they suggested she consult with the town’s tree warden before removing any trees from the property.
Beaudet said her hope was to remove dead wood and some overgrown brush and perhaps some trees from a wooded lot that was deeded to the town by the former owner of the property she recently purchased. Her hope is to create a view of the pond that can be enjoyed by passersby.
“It was donated (to the town) so it could be enjoyed,” she said of the land.
Beaudet said she wasn’t interested in creating a formal access to the pond, which serves as Montpelier’s drinking water supply, but wouldn’t be troubled if people parked in front of her property in order to take advantage of a town-owned resource that she said is still puzzlingly posted against trespassers by Montpelier.
Montpelier owns most of the land around the pond and the parcel Beaudet would like to clear was briefly considered as a location for a formal access area. However, town officials and the state Department of Fish and Wildlife concluded it was ill-suited for that purpose and have since focused their efforts on a separate parcel located near the outlet on the north end of the pond.
david.delcore @timesargus.com
Acting on the recommendation of the Planning Commission and at the request of the town’s largest taxpayer, the Select Board this week agreed to apply for a state-sanctioned “new town center” — one that would be anchored by 65 acres of largely undeveloped land owned by Berlin Mall LLC.
Only about a third of the mall’s property has been developed and some of that would be redeveloped under what consultant Michael Rushman told board members is an ambitious plan to transform the suburban shopping complex into a complete community center.
“It will make it a place where people live, work, play and shop, as opposed to what it is now, which is primarily a place where people shop,” said Rushman, who recently pitched the proposal to a receptive Planning Commission.
According to Rushman, the mall’s owners are convinced the long-term success of the retail component of their property depends on its evolution into the sort of town center Berlin officials have long discussed, but never been in a position to advance.
With the mall as a willing partner, Rushman told board members that could change if the town secures the “new town center” designation, which is available to communities that are interested in creating the modern day equivalent of a traditional downtown because they don’t have one.
As he has in earlier presentations, Rushman described the mall as the “epicenter” of a proposed town center that could include the Central Vermont Medical Center and largely undeveloped land owned by Select Board member Wayne Lamberton and Randy LaGue.
In addition to opening the door to grant opportunities, and the potential creation of a tax increment financing district, Rushman said the state-sanctioned emergence of a new town center would make obtaining state land-use permits for future developments less complicated.
“We think that will provide a very different backdrop for future Act 250 proceedings that will inevitably have to be held for various projects,” he said, referring to what his client views as one of the key advantages of the soon-to-be-requested designation.
A relaxed regulatory environment — specifically with respect to mixed-income residential use that is a significant component of the mall’s conceptual proposal — would facilitate a plan that envisions transforming the road that runs in front of the mall into a two-lane “Main Street” that would extend out the existing access road to Route 62.
Plans envision a park with a playground, several acres of recreation trails and a mix of multi-story buildings, several which would house ground-floor retail establishments and some that would be devoted exclusively to mixed-income housing.
Rushman described the mall as a “master developer” of conceptual plans that would likely be implemented by other investors over a period of many years. The first step, he said, was for the town to apply for the new town center designation, like those obtained by Colchester and South Burlington.
According to Rushman, not much has happened with either of the previously approved town centers in part because of the comparatively large numbers of landowners involved.
“I think we can make a pretty compelling case that that’s not going to be the case here because you’ve got the players at the table that can make this a reality as opposed to just a designation,” he said.
Rushman will be tasked with making that case at the mall’s expense — a commitment the Select Board wants to see in writing before the application process begins.
According to Rushman’s “best-case” estimate, that process could be completed in six months, though the development that could follow would likely occur over a period of several years.
While the board authorized Rushman to apply for a new town center designation on the town’s behalf, members weren’t willing to approve Valerie Beaudet’s request to partially clear a town-owned parcel on Paine Turnpike North that includes 85 feet of frontage on Berlin Pond.
Though board members weren’t necessarily opposed to Beaudet’s request, they suggested she consult with the town’s tree warden before removing any trees from the property.
Beaudet said her hope was to remove dead wood and some overgrown brush and perhaps some trees from a wooded lot that was deeded to the town by the former owner of the property she recently purchased. Her hope is to create a view of the pond that can be enjoyed by passersby.
“It was donated (to the town) so it could be enjoyed,” she said of the land.
Beaudet said she wasn’t interested in creating a formal access to the pond, which serves as Montpelier’s drinking water supply, but wouldn’t be troubled if people parked in front of her property in order to take advantage of a town-owned resource that she said is still puzzlingly posted against trespassers by Montpelier.
Montpelier owns most of the land around the pond and the parcel Beaudet would like to clear was briefly considered as a location for a formal access area. However, town officials and the state Department of Fish and Wildlife concluded it was ill-suited for that purpose and have since focused their efforts on a separate parcel located near the outlet on the north end of the pond.
david.delcore @timesargus.com
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FROM BERLIN FRONT PORCH FORUM
Below
is a recent posting. There have been
many more about a variety of topics, lost animals, items for sale, events,
public forums, bear sightings, and more.
Membership is free – to join go to: http://frontporchforum.com
FPF
March 22 #872
Tree Pruning Workshop with Dave
Wilcox April 2
Please join Dave Wilcox, Tree Farmer and State Lands
Forester, as he demonstrates and discusses tree pruning and maintenance. The
workshop includes the use of proper tools and their care, how to shape trees
for beauty and tree health and when this can be done. Dave has been doing this
spring workshop for several years. It is a great opportunity to get outside and
learn how to properly prune and care for ornamental trees and fruit trees.
Sponsored by UVM Extension Master Gardener, Central Chapter.
Location: Kellogg-Hubbard Library, Montpelier, VT Date:
Saturday, April 2, 2016 Time: 10 am to 1 p.m.
Free and open to the public!
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FREE TAX PREPARATION HELP
Talk of the Town
Times Argus 3/24/16
BARRE — Time is growing short, but we're told income eligible folks who haven't yet filed their tax returns can take advantage of an offer that's pretty tough to beat.
It's free!
If you earn $54,000 or less, Capstone Community Action has assembled IRS-trained volunteers who can assist with your tax preparation at no charge. They'll help you fill out all the necessary forms, make sure you get all the credits you deserve and take care of filing required Homestead Declarations for homeowners, and renter rebate forms for renters.
The free service is provided in Barre, Montpelier, Morrisville, Northfield, Waitsfield and Randolph, but don't wait until the last minute to call Capstone's tax line, 477-5176, to make an appointment or get more information. The program ends April 12, three days before the April 15 filing deadline.
BARRE — Time is growing short, but we're told income eligible folks who haven't yet filed their tax returns can take advantage of an offer that's pretty tough to beat.
It's free!
If you earn $54,000 or less, Capstone Community Action has assembled IRS-trained volunteers who can assist with your tax preparation at no charge. They'll help you fill out all the necessary forms, make sure you get all the credits you deserve and take care of filing required Homestead Declarations for homeowners, and renter rebate forms for renters.
The free service is provided in Barre, Montpelier, Morrisville, Northfield, Waitsfield and Randolph, but don't wait until the last minute to call Capstone's tax line, 477-5176, to make an appointment or get more information. The program ends April 12, three days before the April 15 filing deadline.
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SCHOLASTIC
CHESS APRIL 2ND
The 2016 Vermont State Scholastic Chess
Championships take place on Saturday, April 2nd at the Berlin
Elementary School for grades K – 12. Usually 150 or more students
participate coming from all over the state.
You don’t have to have a student participating to come check out how one
of these tournaments works. The gym is
the “skittles” area where participants and families hang out waiting for the
next round to start. Many of them are
playing chess while they wait although they play some other games also. They’re also checking over several tables of
chess supplies and novelties for sale which are brought in by Rochester Chess
(out of NY).
Food concessions, including reasonably priced breakfast and lunch items, are provided by the Women's Auxiliary of the Berlin Volunteer Fire Department. The students head to classrooms to play each of their four games, only the high school students play in the Learning Center where spectators can watch.
Pre-register to save money. Complete rules, schedule and registration information can be found on the vtchess.info web site at:
http://vtchess.info/Events/2016_VT_State_Championships.htm
Food concessions, including reasonably priced breakfast and lunch items, are provided by the Women's Auxiliary of the Berlin Volunteer Fire Department. The students head to classrooms to play each of their four games, only the high school students play in the Learning Center where spectators can watch.
Pre-register to save money. Complete rules, schedule and registration information can be found on the vtchess.info web site at:
http://vtchess.info/Events/2016_VT_State_Championships.htm
For questions before the day of the event,
contact Mike Stridsberg 223-1948
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BERLIN POND BOAT ACCESS CHALLENGED
Pub.
3/25/16 Times Argus by Gina Tron
MONTPELIER
— The city sent a letter to the Vermont Department of Fish & Wildlife on
Thursday asking that construction of a boat access on Berlin Pond be halted.
The letter, written by City Manager William Fraser, stated that City Council
has authorized legal action if necessary.
Discussion of the contents of the letter came at Wednesday’s City Council meeting, when councilors were unified in their oppsoition to boat access to the city’s drinking water supply.
“I think it’s important to send a clear message that we don’t support construction of the boat ramp at this point on the pond, and if we have any legal standing … we should exercise that legal standing,” said Councilor Tom Golonka. He suggested an injunction be filed, if necessary.
“I would ask for a common-sense approach,” said Justin Turcotte, who suggested a letter be written to the state asking for them to wait for the charter-change results. “We can work to protect the water without coming across as obstructionist to the very group that we are having approve these changes.”
“They (Fish & Wildlife) have been very aggressive about moving ahead at Select Board meetings. They’re going to move as quickly as they can because it’s much harder for us to get rid of it,” Councilor Dona Bate said.
City Council debated whether or not to take any legal action before they find out whether the Legislature approves a pending charter change. That charter change would give Montpelier authority over Berlin Pond.
On March 1, Montpelier residents voted to approve the charter change, which would give back to the city control of their drinking water source.
“It certainly seems premature for the state to spend the money while we have a charter change pending that would make that access (potentially not be built) … There’s no sense pursuing legal action now because the Legislature may decide that they don’t want to allow access and that would resolve the issue at no cost to the City,” Mayor John Hollar said at Wednesday’s meeting. “It seems to me the state ought to wait ...”
The pending charter change marks another chapter in a long and contentious debate over the pond.
In 2009, Barre Town residents Cedric and Leslie Sanborn were cited by Montpelier police to appear in court for kayaking on the lake. Bate said they were kayaking with the intention of being arrested. The couple brought that incident all the way to the Vermont Supreme Court, which ruled in 2012 that the state — not Montpelier — had the right to regulate recreational activity on Berlin Pond.
The ruling essentially created “open access” to Berlin Pond for state-sanctioned recreational purposes, unless and until the state ceded its authority to regulate the pond to Montpelier. That is something they refused to do at the regulatory level, and a legislative fix proposed by Rep. Warren Kitzmiller (D-Montpelier), met resistance in committee and fizzled last year.
In 2014, a group called Citizens to Protect Berlin Pond was formed, and it petitioned the Vermont Agency of Natural Resources to restore the pond to Montpelier’s protection. That petition was backed by Montpelier Mayor John Hollar, the Montpelier City Council, Montpelier Conservation Commission and the Berlin Conservation Commission. Vermont Agency of Natural Resources rejected that petition to restrict access because experts in the field concluded that recreation was safe for the drinking water source.
In the meantime, the Department of Fish and Wildlife has been working with the Berlin Select Board to build a boat access on the pond.
In Fraser’s letter to the Department of Fish & Wildlife, addressed to Commissioner Louis Porter, Fraser stated: “Before initiating legal proceedings, we respectfully ask you and your department to halt this project immediately.”
Fraser wrote that since Montpelier has a charter change proposal currently before the Legislature, it is premature and potentially wasteful for the Vermont to invest resources in a boat launch until resolution of the issue.
He wrote that the city is required by the Agency of Natural Resources Water Supply Division to develop, submit and enforce a water-source protection plan.
“This plan has been reviewed and approved by ANR ,” Fraser stated. “The plan calls for a 200-foot isolation zone around the entire Pond. The proposed boat launch infringes on that zone. Additionally, safety practices included in the plan were based on the assumption that recreational use was not permitted. It is, clearly, a greater responsibility to protect public health than provide recreation.”
He wrote that the survey used in determining the location of the boat launch raises a question of ownership of a strip of land predicated on the historical highwater mark of the pond. He said it is probable that use of the boat launch will require trespassing across City of Montpelier property. The property being considered requires written permission from VTrans for any use, according to the letter authored by Fraser. He said to his best knowledge, that has not been been provided, and no other permits have been sought or obtained.
“There has been no public vetting or review for this project which falls within a public water supply,” Fraser stated.
gina.tron @timesargus.com
Discussion of the contents of the letter came at Wednesday’s City Council meeting, when councilors were unified in their oppsoition to boat access to the city’s drinking water supply.
“I think it’s important to send a clear message that we don’t support construction of the boat ramp at this point on the pond, and if we have any legal standing … we should exercise that legal standing,” said Councilor Tom Golonka. He suggested an injunction be filed, if necessary.
“I would ask for a common-sense approach,” said Justin Turcotte, who suggested a letter be written to the state asking for them to wait for the charter-change results. “We can work to protect the water without coming across as obstructionist to the very group that we are having approve these changes.”
“They (Fish & Wildlife) have been very aggressive about moving ahead at Select Board meetings. They’re going to move as quickly as they can because it’s much harder for us to get rid of it,” Councilor Dona Bate said.
City Council debated whether or not to take any legal action before they find out whether the Legislature approves a pending charter change. That charter change would give Montpelier authority over Berlin Pond.
On March 1, Montpelier residents voted to approve the charter change, which would give back to the city control of their drinking water source.
“It certainly seems premature for the state to spend the money while we have a charter change pending that would make that access (potentially not be built) … There’s no sense pursuing legal action now because the Legislature may decide that they don’t want to allow access and that would resolve the issue at no cost to the City,” Mayor John Hollar said at Wednesday’s meeting. “It seems to me the state ought to wait ...”
The pending charter change marks another chapter in a long and contentious debate over the pond.
In 2009, Barre Town residents Cedric and Leslie Sanborn were cited by Montpelier police to appear in court for kayaking on the lake. Bate said they were kayaking with the intention of being arrested. The couple brought that incident all the way to the Vermont Supreme Court, which ruled in 2012 that the state — not Montpelier — had the right to regulate recreational activity on Berlin Pond.
The ruling essentially created “open access” to Berlin Pond for state-sanctioned recreational purposes, unless and until the state ceded its authority to regulate the pond to Montpelier. That is something they refused to do at the regulatory level, and a legislative fix proposed by Rep. Warren Kitzmiller (D-Montpelier), met resistance in committee and fizzled last year.
In 2014, a group called Citizens to Protect Berlin Pond was formed, and it petitioned the Vermont Agency of Natural Resources to restore the pond to Montpelier’s protection. That petition was backed by Montpelier Mayor John Hollar, the Montpelier City Council, Montpelier Conservation Commission and the Berlin Conservation Commission. Vermont Agency of Natural Resources rejected that petition to restrict access because experts in the field concluded that recreation was safe for the drinking water source.
In the meantime, the Department of Fish and Wildlife has been working with the Berlin Select Board to build a boat access on the pond.
In Fraser’s letter to the Department of Fish & Wildlife, addressed to Commissioner Louis Porter, Fraser stated: “Before initiating legal proceedings, we respectfully ask you and your department to halt this project immediately.”
Fraser wrote that since Montpelier has a charter change proposal currently before the Legislature, it is premature and potentially wasteful for the Vermont to invest resources in a boat launch until resolution of the issue.
He wrote that the city is required by the Agency of Natural Resources Water Supply Division to develop, submit and enforce a water-source protection plan.
“This plan has been reviewed and approved by ANR ,” Fraser stated. “The plan calls for a 200-foot isolation zone around the entire Pond. The proposed boat launch infringes on that zone. Additionally, safety practices included in the plan were based on the assumption that recreational use was not permitted. It is, clearly, a greater responsibility to protect public health than provide recreation.”
He wrote that the survey used in determining the location of the boat launch raises a question of ownership of a strip of land predicated on the historical highwater mark of the pond. He said it is probable that use of the boat launch will require trespassing across City of Montpelier property. The property being considered requires written permission from VTrans for any use, according to the letter authored by Fraser. He said to his best knowledge, that has not been been provided, and no other permits have been sought or obtained.
“There has been no public vetting or review for this project which falls within a public water supply,” Fraser stated.
gina.tron @timesargus.com
***