Montpelier seeking further protections for Berlin Pond
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Montpelier is considering two ordinances that it says will further protect Berlin Pond from recreational use. The pond serves as the city's main source of drinking water. Times Argus File Photo |
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By Thatcher Moats Times Argus Staff - Published: June 3, 2010
MONTPELIER – Following a recent clash with three area residents over the right to kayak and fish on Berlin Pond, the city of Montpelier is considering adopting a new ordinance and revising an old one in order to protect the pond, which supplies the city with water.
The ordinances would clarify and strengthen Montpelier's ability to take action to protect the pond, and would raise the city's existing "Source Protection Plan" to something that can be enforced with fines and penalties, according to Paul Giuliani, the city's attorney.
It would also allow the city to act more quickly to a threat of pollution or contamination, Giuliani said.
"It would give the city a tool, so if a need arises they can act quickly," he said.
As it now stands, to quickly take action, there must be an imminent threat to the water supply, said Giuliani.
"Under the terms of the (proposed) ordinance, it's more of an emerging conditions sort of thing that would give the city the right to act without having to go through some long, torturous permit process or enforcement action that you'd have to cobble together," said Giuliani.
An example of an "emerging" threat would be evidence of problems with a septic tank at private property near the pond that hadn't yet become an "imminent" threat, said Giuliani.
Aside from the new ordinance, which is titled "An Ordinance Relating to the Protection of Berlin Pond," the city is considering beefing up an existing trespassing ordinance to specifically name Berlin Pond.
The add-ons to the ordinance say that to "…trespass, occupy, or enter upon the surface of Berlin Pond, or any tributary thereof…" would be a misdemeanor subject to a $500 fine for each offense.
The city council is set to hold the first of two required public hearings on the proposed ordinances at a city council meeting on June 9, said city manager Bill Fraser.
The ordinances have been in the pipeline since 2002 and are not a response to a recent clash with Barre resident Rick Barnett, who asserted what he believed was his right to kayak and ice fish on the pond, Giuliani said.
Barnett, who went so far as to get a permit from the state for an ice fishing tournament, was the subject of a lawsuit the city filed in Washington County Superior Court. Also named in the civil lawsuit are Leslie and Cedric Sanborn, Barre Town residents who kayaked on the pond.
But Giuliani acknowledged the court case and the activities that prompted it pushed the ordinances to the front burner.
"This just seemed like an opportune time because everyone is focused on the pond," said Giuliani.
Montpelier won an early victory in the lawsuit last month when a judge ruled in the city's favor and granted a preliminary injunction, which effectively upholds long-standing restrictions on recreational use of Berlin Pond.
Though the decision favored the city, it's only a preliminary ruling, so the case is still pending.
In a letter to city manager Bill Fraser, Giuliani characterized the court ruling as a confirmation of the city's rights.
"The Superior Court's findings and order are completely consistent with previous judicial decisions, current and historical regulatory measures, and the city's protection and enforcement initiatives," Giuliani wrote.
With the ruling under the city's belt, Giuliani said it would be a good time to move forward with the ordinance changes.
In a letter to the city, Giuliani spelled out what he thinks the effect of the ordinance changes will be:
The adoption of these measures will serve to (a) dispel uncertainty of the nature and extent of the City's authority over Berlin Pond and contiguous land, (b) confirm conclusively that the City takes its water supply protection responsibilities very seriously, and (c) sets in place clear, appropriate and prudent regulatory and management standards, Giuliani wrote.
Anybody who gets municipal water from Montpelier is getting their water from Berlin Pond, including Central Vermont Medical Center in Berlin and U-32 Middle and High School in East Montpelier, said Fraser.
"We believe it's obvious why we need to protect the drinking water supply," Fraser said. "It is what people rely on, and it's one of the basic human needs."
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