Public Notice of Petition and Public Meeting for Berlin Pond

The folks who want to close off the Berlin Pond to public access are at it again.

They want no public access at all.  No fishing, no migratory bird hunting. 

This issued was already decided by the Vermont Supreme Court, using the

Vermont Sportsmen's Bill of Rights but the antis are back again. 

Public comments possible via link in said quote below.  Just say "Yes, to public

on the Berlin Pond" 

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Please see the attached notice of petition and public meeting for Berlin Pond received from Citizens to Protect Berlin Pond to amend the Vermont Use of Public Waters Rules' Use of Public Lake-Specific Rules pertaining to Berlin Pond, in the Town of Berlin, to prohibit recreational use of the surface waters of Berlin Pond.  Please submit any comments regarding this petition by June 3, 2014.

PUBLIC NOTICE OF PETITION RECEIVED AND PUBLIC MEETING FOR BERLIN POND 

April 25, 2014 

The Watershed Management Division of the Vermont Department of Environmental 

Conservation (the Department) received a petition from Citizens to Protect Berlin Pond to 

amend the Vermont Use of Public Waters Rules' Use of Public Lake-Specific Rules pertaining 

to Berlin Pond in the Town of Berlin to prohibit recreational use of the surface water of Berlin 

Pond. 

The Department received the petition on February 6, 2014. The Department is currently 

considering this petition and seeking public comments. A complete copy of the petition and 

supplemental materials are available for review at the Vermont Department of Environmental 

Conservation in Montpelier and on the Department's webpage at 

http://www.watershedmanagement.vt.gov/rulemaking/htm/petitions.htm. The Vermont Use of 

Public Waters Rules can also be found on the Department's webpage at 

http://www.watershedmanagement.vt.gov/rulemaking/htm/rules.htm. 

A public meeting will be held to hear public comments on the petition on Tuesday, May 

27, 2014 at the Berlin Elementary School Library, 372 Paine Turnpike North, Berlin, Vermont, 

from 6:00 p.m. to 8:00 p.m. Written comments on the petition will be accepted at the address 

below until the close of the public comment period on June 3, 2014. Comments may also be 

faxed to (802) 828-1544 or e-mailed to Laura.Woods@state.vt.us. All comments received by the 

above date will be considered in the formulation of the determination. 

Department of Environmental Conservation 

One National Life Drive, Main 2 

Montpelier, VT 05620-3522 

Attention: Laura Woods 

Sen. Joe Benning: Senate Perspectives "Lawyers, Guns and Money"

 

Senator Joe Benning is a Republican and the Senate Minority Party Leader.

He is Vice-chair of the Senate Judiciary Committee.

 

The Vermont Federation of Sportsmen's Clubs worked hard to get H.735 into what

Sen. Benning describes emerged from Senate Judiciary Committee last Thursday. 

 

In today's Caledonian-Record:

Sen. Joe Benning: Senate Perspectives

"Lawyers, Guns and Money"

The concept was simple enough. Somebody claimed judges issuing relief from abuse orders refused to turn weapons over to police due to a lack of storage space. Thus H.735, the so-called "fee bill," would establish a fee to create more space. The bill arrived in the Senate Finance committee with two sentences about a fee charged for each weapon stored. Unfortunately, it also included four pages of judicial policy and procedure that stripped away constitutional rights by automatically requiring placement of all weapons in state custody. Judicial policy is not the realm of Senate Finance; it's the realm of Senate Judiciary. As vice-chair of Senate Judiciary, my antenna went up.

I am not a gun owner or a member of the NRA. However, I have thirty years practicing law in relief from abuse and domestic assault cases, having represented both perpetrators and victims. I'm a charter member of the Caledonia County Task Force on Domestic Violence and the immediate past chair of Vermont's Human Rights Commission.

Relief from abuse cases begin when someone files a petition alleging abuse. The accused has no notice and is not present in court. If approved, a temporary order is issued which can lead to a defendant's weapons being removed. The court is supposed to hold a final hearing within ten days at which the accused is present, but this can get continued for various reasons, such as parties trying to retain a lawyer. Presently, no fees are charged.

While all domestic violence cases involve power and fear, the level of violence, the threat of future violence and the level of a victim's fear can vary dramatically in each case. Judges are traditionally vested with the responsibility and authority to fashion final orders to fit the circumstances of each case. Under H.735, that judicial discretion is severely curtailed. An accused's property is turned over to the state, for a fee, whether they are guilty or not. In a case involving numerous weapons, that fee could add up to thousands of dollars before the accused has had their day in court. This diminishes those constitutional protections that have served us all since 1791.

So Senate Judiciary recommended allowing judges the discretion to place weapons with an agreed upon third party. That party would sign an affidavit acknowledging receipt and accepting responsibility, under threat of contempt, to keep those weapons from the defendant until that defendant's due process rights are fulfilled. The judge would have to be convinced the plaintiff would be safe. In the event the weapons are placed with law enforcement, there would be no fee charged until after a full merits hearing. Language in the final order would require automatic return of weapons upon expiration of the order, thus eliminating the need for yet another hearing. Hopefully this strikes a proper balance between the needs of the victim and the rights of the accused. If our proposed language does not survive, some future defendant will no doubt spend lots of money on a lawyer to get their guns back.

Sen. Joe Benning, of Lyndonville, serves the Caledonia-Orange District in the Vermont Senate.