Lowell wind hearings open
Transcription
Lowell wind hearings open
NCUHS snowboarders Town meeting Canadian border All four towns with ballots have races. GAO report says security agencies should work together. Riding on improvised jumps. 2 12 19 the Chronicle THE WEEKLY JOURNAL OF ORLEANS COUNTY VOLUME 38, NUMBER 6 At the PSB Lowell wind hearings open THREE SECTIONS, 64 PAGES FEBRUARY 9, 2011 EIGHTY-FIVE CENTS Whoo’s there? by Paul Lefebvre MONTPELIER — Heated allegations by an attorney that a study on the aesthetic impacts of the proposed Lowell Mountain wind project were tilted heavily in favor of money and power prompted the chairman of the Public Service Board Tuesday to call for a return to civility, during the fourth day of hearings here on a petition to erect up to 21 turbines on the mountain. “You’re being awfully combative,” noted James Volz, who heads the three-member board, known as the PSB. “We don’t approve of it,” he said, adding that the attorney’s approach was neither typical of the process nor productive. The chairman’s admonition came during an exchange between David Raphael — a land architect employed by the project’s developer, Green Mountain Power (GMP), and Gerald Tarrant, a Montpelier attorney representing the Green Mountain Club. The club is the state’s host to the Long Trail, the oldest long distance hiking trail in the (Continued on page twenty.) In Craftsbury New hearing on Coburn Hill by Bethany M. Dunbar CRAFTSBURY — The Craftsbury Selectmen have decided that a new hearing is needed on the Coburn Hill Road. The board set April 23 as a date for a site visit, and May 3 as a date for a hearing, at 7 p.m. at the Town Hall in Craftsbury. The selectmen held a hearing on December 7, took evidence and heard opinions about a section of the Coburn Hill Road that turns into a trail and has been a source of contention for more than eight years. The trail goes through land owned by Mission New England, a religious survivalist group known to follow Sunday services with small arms practice. The mission has put up a gate and has discouraged visitors. In 2009 the selectmen said the mission could keep the gate as long as it was unlocked. According to a document sent to the Chronicle by certified mail, the selectmen got some new evidence after the hearing. Mission New England asked the town selectmen to “reset the location of the trail to avoid the built-up area of its developed property.” (Continued on page twenty-seven.) Ray de la Bruere snapped this photo on January 31 in the family’s backyard in Troy. Photo courtesy of Tina de la Bruere Just how rare i s t h u n d e r s n o w ? by Tena Starr It’s hard to say exactly how rare Saturday night’s winter thunderstorm was, says Chris Bouchard, a meteorologist at the Fairbanks Museum in St. Johnsbury. “I don’t have any numbers on its frequency,” he said. “But lightning as frequent as Saturday’s is something I’ve never experienced with snow falling.” The official term for a thunderstorm with snow is “thundersnow.” Thunder and lightning might occur once or twice a winter in the state, Mr. Bouchard said. But generally it’s very localized. “There might be one flash over one town. This last event was pretty unusual because there were hundreds of lightning strikes on Saturday night, in lots of towns. I’ve seen snowstorms with a flash here and there, but nothing with frequent lightning like that.” One reason thunderstorms don’t often occur in winter is because warm air is usually behind their development, and there just isn’t much warm air around in winter. Thunderstorms are caused by rapidly rising air currents, which form very tall clouds, sometimes billowing up over 40,000 feet in height. (Continued on page three.) In Island Pond Pellet plant seems at dead end by Paul Lefebvre ISLAND POND — Plans to bring a pellet plant into the old Ethan Allen furniture factory appeared to have come to a dead end. The deadline for a $1 million grant in federal funds has passed; a House committee is trying to rescind legislation authorizing the sale or lease of the John Boylan Airport to the plant’s developer; and Brighton Selectmen have been left high and dry. “We tried to get him to ask for an extension,” said Chairman Jerry Goupee, speaking of the grant’s deadline. “All they had to do was sign their name.” But the developer, Fran Azur, doing business as Vermont Biomass Energy, said he wasn’t interested. “And that’s all we got,” said Mr. Goupee. Friday, February 4, a bill was sent to the House Committee on Institutions for the purpose of releasing “the state from its obligation to sell or lease the airport to certain parties.” As one of the six representatives from the Northeast Kingdom who signed onto the bill, Janice Peaslee of Guildhall said sponsors of the bill were feeling uncomfortable with what appeared to be an open-ended offer to Mr. Azur. Although the deadline for the grant has passed, the money is still there, according to Josh Hanford, director of the Vermont Community Development Program. The money, which is a federally funded block (Continued on page twenty-four.) Page Four the Chronicle, February 9, 2011 Letters to the editor Grandmother reports on scam Dear Sir/Madam: Editor’s note: The following is a letter submitted to the Office of the Attorney General, Public Protection Division. We are omitting the name of the victim here in hopes she won’t be targeted again. Below the grandmother’s letter is the entire response she received from the Vermont Attorney General’s office: ...I am a widow, 74 years old, residing in Island Pond, Vermont. I was a recent victim of a telephone scam on November 16, 2010, requesting $6,000. This was reported to State Trooper Ben Shelp, at the Derby Vermont State Police Barracks on November 17, 2010, after I received the second call requesting $27,000. After giving him the details of the scam, he stated that he would investigate and get back to me. On December 19, I received a call from him. He stated that I should call 1-800-649-2424, William Sorrell, the Attorney General. The person who answered wondered why I waited so long to report this scam. The reason has been stated in the above paragraph. I was requested by your office to file the complaint giving all the information I had. On November 16, 2010, my phone rang and a man stating he was Sgt. Dean Sanders at the Red Rock Holding Facility #P119. He said he was holding my grandson-in-law ... an active member of the Vermont National Guard, recently stationed in Afghanistan. He married my granddaughter. He continued to state that [my grandson-in-law] had gone to Canada as one of the Chronicle © copyright, 2011 Volume 38, Number 6 February 9, 2011 Published weekly, except for the last week in December, by the Chronicle, Inc. the Chronicle (014-590) Publishing Office: 133 Water Street Barton, VT 05822 Telephone: (802) 525-3531 Fax: (802) 525-3200 Please call the office during business hours. Web site: www.bartonchronicle.com E-mail addresses: • Editorial department — [email protected] • Advertising department — [email protected] • Circulation department — [email protected] Periodicals postage paid at Barton, VT, and additional mailing offices, including North Haverhill, NH. Postmaster—Send address changes to: P.O. Box 660, Barton, VT 05822 Subscriptions: $24 $37 $28 85¢ per year in Vermont per year out of state online per newstand copy In an EMERGENCY, to contact a reporter at home, nights and weekends, you may call 525-3545, 525-8875, or 533-2575. Publishers: Chris & Ellen Braithwaite General Manager: Tracy Davis Pierce Co-Editors: Bethany M. Dunbar & Tena Starr Staff Writers: Paul Lefebvre & Joseph Gresser Production: Manager Brianne Nichols, Jeannine B. Young, Kathy Seymour, Amy Elliott & Elizabeth Trail Advertising Sales: Manager LeAnn Cady & Kjya Detoma Circulation Manager: Georgia Young Circulation: Nelson Stevens, Trudy Blackburn, Billy Thompson, Tom Doyle & Deana Cowles Founded in 1974 with Edward Cowan his friends’ grandmother had died and he was going to attend the funeral. He and his friend found out the funeral had already been held. They decided to go around the area and stopped to talk to two men who were fishing. The men needed a ride back to town. [My grandsonin-law] and his friend decided to give them a ride back to town. On the way back [he] noticed that one of them was stuffing something in the back seat. About this time they were stopped by the Provincial Police. They (the police) searched the car and found drugs. They were taken to the Red Rock Holding Facility. Sgt. Sanders felt since [my grandson-in-law] had served his country, that he was willing to help him get back to the U.S.A. and that this charge would not show on his service records. Supposedly, [he] was allowed one phone call. He did not want to worry his wife, so he called me, the grandmother. The voice was so muffled and sounded as if he was crying or upset. [He] wanted to get back to the U.S.A. and could I help with the bail money. Sgt. Sanders got back on the phone and stated that the bail would be $6,000 to be paid within 48 hours by Personal Money Wire by Western Union at the nearest Rite Aid Store. I was to call # 1-514-224-7816 after I had done so, not to tell anyone, because if someone found out, it would hurt his service record. The money order was to be sent to Angelica P. Jackson, a Bondswoman in Las Vegas, Nevada. He stressed to make sure to put her middle initial “P” – .... I did not ask when [he] was to be released. I followed the instructions as I was trying to help [him]. Then on November 17, 2010, I received another call. I am not sure if it was the same person. He stated he received the money. However, now he stated that [my grandson-inlaw] needed a public defender in court. He was not sure if the public defender was going to cost anywhere from $6,000 to $27,000 for all the fees. I was so upset. On the 17th before going to the state police, I called [my granddaughter] and found out that [my grandson-in-law] was home. Then that same day (the 17th) I went to the Derby State Police barracks and wondered about the last request. Trooper Ben Shelp listened to my story and called the # 1-514-224-7816. He never said anything. He then called Western Union but no information could be given him without my consent. I called the Western Union on Monday, December 20, 2010, and gave my consent after hearing from Trooper Shelp on the 19th. Western Union traced the transaction and told me the money had been cashed on November 16 — 2 hours and 15 minutes after it had been wired. They would try to track who cashed it. Money order by Western Union #1049094113. I also called the Attorney General’s office to file a complaint as a victim of Grandparents Scam. After thinking about everything. I was amazed that the scammers knew so much about me, my family and the area. ... I certainly hope that this is enough information is my report to help you investigate this matter. “Thank you” for any assistance you may be able to help me with this matter. Enclosing copies of my notes that occurred on November 16-17, Western Union Customer Receipts. Office of the Attorney General Public Protection Division Dear [Grandparent]: Thank you for your letter of complaint. We will keep this information on file for five years. As a public record, it will be available to any individual who requests it. It may also be used to determine the priorities of this office in enforcing Vermont’s Consumer Protection Law. Sincerely, Anthony Bambara Consumer Advisor Lowell wind project would have unacceptable costs Editors, Although I am a resident of South Burlington, I have spent considerable time recently in the Northeast Kingdom, specifically in the area surrounding the Lowell Mountain Range. Currently the Vermont Public Service Board is holding hearings on whether to approve the largest wind project in Vermont on four miles of the range ridgeline. Having read extensively about this project and researched large scale wind production, I feel approving this project would be a grave mistake. Aside from the very mixed environmental benefits of large scale wind projects of this type, this project will inalterably change a rare and scenic natural resource. The scale of this project with multiple 450-foot-tall wind towers and hundreds of developed acres of access roads, Death notice Edwin Leland Bowman, 69, of Derby died at his home in Derby on February 7, 2011, surrounded by his loving family. Funeral services will be held at 3 p.m. on Friday, February 11, at the Curtis-BritchConverse-Rushford Funeral Home at 4670 Darling Hill Road in Newport with the Reverend Glenn Saaman officiating. Friends may call at the funeral home on February 11 from 2 p.m. until the hour of the funeral. Online condolences may be sent to the family through the funeral home website at www.curtis-britch-converse-rushford.com. transmission lines and clearings is completely inappropriate for a region of the state that prides itself on natural beauty. Moreover, the state is approving a number of projects of this type in rapid fashion in order to take advantage of tax credits (without which these projects are not even remotely feasible), without a reasonable period to establish a single project of this scale and evaluate its benefits and impact. Vermont has a long and valued history of preserving its natural and scenic resources, in particular its mountains and ridgelines. In fact, the home page of the Public Service Board website displays a photograph of a striking (and pristine) mountain ridge. Aside from the irony, this graphic demonstrates how important our mountain views are to all Vermonters and how they convey the essence of the state we love. I understand that we are facing huge energy issues and that there are no free or easy solutions to the problems that face us. But massive industrial energy production on scenic and remote ridgelines is not, I believe, an acceptable cost. Jeffrey Rand South Burlington February 1-7, 2011 High T W Th F S S M 2/1 2/2 2/3 2/4 2/5 2/6 2/7 12 16 18 24 36 30 33 Low -5 3 7 10 14 24 28 Prec. 0.10” 0.65” 0.01” 0.00” 0.52” 0.17” 0.08” Snow 2.5” 10.3” 1.0” 0.0” 5.2” 3.1 1.0” Snow on Ground 13.00” 22.50” 22.00” 21.00” 25.00” 26.00” 26.50” the Chronicle, February 9, 2011 Page Five Opinion Let’s keep the public’s trust alive on state lands by Senator Vincent Illuzzi Environmentalists have squared off against Vermonters who want to use all terrain vehicles (ATVs) on connector trails over public lands. But a battle that pits one group of outdoor enthusiasts against another is sure to create more heat than light. A moderate, middle way approach — based on good science, stewardship and a case by case review of allowing limited connector trails to connect privately owned lands — will better serve Vermont. Vermont already welcomes diverse uses to its public lands, balancing environmental protection and sound resource management with the public’s desire to use those resources in many ways. Ski areas, television and radio stations, utility companies, schools, businesses, hunters, trappers, snowmobilers and others have all been granted use of public lands after thoughtful environmental review and the application of reasonable fees and conditions. Given this historic and reasoned approach, there is no hard science or logic to drawing a bright red line outlawing all ATVs from using connector trails, no matter what! Consider the background for the debate. In 2004, Governor Douglas convened a task force of all stakeholders to consider ATV issues. The group acknowledged that ATV use has grown in the past decade for both work related and recreational uses, yet there are few places where they can be legally used. The task force posed a menu of 24 recommendations to promote safe riding, education, enforcement, and stewardship, which mirrors the successful approach used by the Vermont Association of Snow Travelers. Fast forward to one year ago. Then Natural Resources Secretary Jonathan Wood adopted a rule that allowed application for up to three ATV connector trails as pilot projects if they met strict criteria like whether ATV use is consistent with existing management plans; to what extent the natural environment may be impacted; whether there would be conflicts with other land users; and, whether a connector trail is the shortest and most practical way to connect existing trails on private lands. The rule required a finding of public good and demonstrated compliance with extensive criteria. Sadly, one of Secretary Deborah Markowitz’s first public acts was to throw out all of this work, and in the process, write off a growing number of Vermonters and tourists who support this growing sector of our recreation economy. Why would Markowitz lay waste to that thoughtful process and slam the door in the face of those Vermonters? Why would Markowitz do so without so much as a single meeting? Maine, New Hampshire and Quebec have embraced this form of outdoor recreation, and their extensive trail network beckons those tossed out of Vermont, including aging baby boomers, who must rely on ATVs. Hailing from the Northeast Kingdom, where motorized recreation is both popular and a source of significant business income, this move has many in this region scratching their heads. Most Vermonters agree that ATV use does not make sense on all or even most public lands. But few believe it should be completely outlawed. Working with the Vermont Natural Resources Council on other land use issues, I would like to revisit a pilot project and consider additional criteria to ensure the dual goals of environmental protection and the ability to use connector trails. The Vermont Legislature created the Vermont ATV Association as a user and watchdog group to oversee the use of ATVs in Vermont, and the development of a statewide network of trails. Extreme views like those displayed by Markowitz are never a good thing, especially when it comes to the use of public lands that all Vermonters hold so dear and support with their tax dollars. We have a history of being able to negotiate these difficult issues. For example, Bicknell’s thrush shares its habitat with telecommunication towers. Native trout populate brooks crossed by ski trails. And the Kingdom’s rare spruce grouse has heard more than one snow traveler pass in the night. As a conservationist, I worked with former Governor Howard Dean to purchase the Champion Lands in Essex County in the 1990s. We guaranteed traditional uses on those lands. I am confident we can find a way to accommodate connector trails on some state lands. Letter to the editor Blowing in the wind Editors, Wind energy is so important to keeping Vermont green. There have been rumors in towns surrounding Lowell, that Lowell residents are no longer in favor of the Kingdom Community Wind project. As a resident of Lowell, I can tell you that is far from the truth. Most folks I talk to want to know how much longer before we see the majestic turbines on the mountain, making clean energy for our children and grandchildren. Wouldn’t it be nice to tell them we no longer have to burn fossil fuels, pollute our air with smoke and gases that cause all types of problems? That we have left you a clean, healthier, green Vermont, where you can breathe fresh air. Wow what a great day that will be. 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Gift baskets & boxes shipped anywhere. 3 Piece Paint Tray Set Reg. $4.99 2 $ 99 Page Twenty the Chronicle, February 9, 2011 Wind farm’s visual impact greatest on Long Trail (Continued from page one.) country. The trail passes through Lowell Mountain, and Mr. Raphael and Mr. Tarrant could not agree on how many turbines would be visible from one of the popular huts along the trail. “How many turbines do you count there,” asked Mr. Tarrant, after showing a photo of the ridgeline that was one of the photos contained in Mr. Raphael’s report. “Twenty-one,” he responded. “Yes,” said Mr. Tarrant, returning back to an earlier response in which the architect said four turbines would be visible. “That was wrong, correct? “No,” said Mr. Raphael, bristling to hear his credibility challenged. But before he could finish explaining that the wind farm’s visibility was relative, depending on one’s location by Tillotsen hut, he was interrupted. “So, you could kneel down behind a tree and not see it?” charged Mr. Tarrant, his voice rising sarcastically. Tuesday’s spirited exchange served to illuminate one of the most fundamental differences between environmentalists who are pushing wind as the most viable renewable energy source to lessen the state’s dependency of fossil fuels and those who believe that Vermont ridgelines are no place for industrial wind farms. Known as Kingdom Community Wind, the project is going before the board with two options. One would create a wind farm with 21 turbines with the capacity of producing 63 megawatts (MW) of power; the other would other would come in at 50 MW to be generated by 20 turbines. Charles Pugh, Green Mountain’s general manager, told the board on Wednesday, February 2, — the opening day of the hearing — that no decision has been made on what brand of turbines the company will use. The hearing is scheduled to run through this week and resume on the last Monday in February. According to testimony, the project would be constructed on roughly 124 acres of land. Mr. Pugh said that 75 percent of the leases and rights-of-way have been acquired from 100 or so landowners. If a CPG is granted, he said condemnation proceedings would begin against landowners who refuse to work with the company. One holdout late in January was recently offered $652 for an easement on his property, according to a letter from a lawyer representing Green Mountain Power and Vermont Electric Cooperative. In the two years it has taken to plan the project, Mr. Pugh testified there had been “no show stopper,” noting that the project easily won support from Lowell voters. Opponents have criticized the vote, charging the results were skewed by putting the dollar amount the town would receive in taxes on the ballot if the project went through. On the stand Friday, February 4, the chairman of the Lowell Selectmen said the ballot was properly worded. “I felt the voters should know what they were voting on,” he said of the decision to include on the ballot the $400,000 the company would pay annually in taxes. “I think that’s what the select board’s job is,” he added a little later. Later in the day, an economist hired by Green Mountain Power said a wind farm on Lowell Mountain would not adversely affect property values or tourism. John Kavet, who is also an economic adviser to the Vermont Legislature, testified that the wind farm would have to be built before it could be determined what its impact would be on community property values. “What matters is actual transactions,” he said at one point. “What matters is not what you think but what happens after you build it.” To David Stackpole, a Lowell attorney representing himself, Mr. Kavet’s conclusions sounded tentative. “Why is this not advocacy?” he asked, commenting on the testimony. According to testimony, the wind farm is expected to produce between 6 and 7 percent of the annual power required by Green Mountain to supply its customers. As one of the early witnesses in the hearings, the company’s CEO defended its decision to own a power source rather than buy or rent power from someone else. When a power contract comes to the end of its term, testified Mary Powell, her company has no leverage; it has to start from scratch in negotiating a new power price. But if it owns the facility, it has an asset that produces power at a known cost. And while a wind farm was not for the “faint of heart,” she went on to say that the Lowell wind farm “makes the most sense for the state of Vermont.” But from the very beginning of the hearings, Mr. Tarrant contended that all the other factors were being downplayed in the face of wind becoming economically viable for the company. “GMP is opposing the visual impact solely on economic reasoning,” he charged while crossexamining the company’s general manager. Prior to the hearings, the Green Mountain Club and GMP worked out a compromise to install a lighting system on the towers that would only be activated when an aircraft is flying in the area. But Mr. Tarrant wondered why when it came to the number of turbines the company was considering, there were only two options and not three. A third option, he suggested, would be to erect 17 turbines, each with a 3MW capacity. That would meet the company’s goal of running a wind farm with the capacity of producing between 50 and 63 MW of power. “It’s not about the number, but the capacity, correct?” he asked Mr. Pugh, suggesting the board should have the flexibility of choosing a third option. Mr. Pugh said to reduce the number of turbines would cost the company money, and that the goal is to get the highest output of power from the wind the site offered. But Mr. Tarrant argued that a balance had to be struck between a wind farm’s power production and the impact it would have on the area. The problem with the application, he added, was that the pre-filed testimony was based on erecting the largest number of turbines, especially when it came to the project’s aesthetic impact. He went to say that Mr. Raphael, the company’s expert on aesthetics, had already “taken the ball and ran with it.” On the stand Tuesday, Mr. Raphael had to defend challenges from Mr. Tarrant that his assessment of the project’s visual impact was based on the wind farm’s economic viability. In an exasperating exchange, the two men went back and forth on how a visual impact was assessed from a popular hut or camp on the Long Trail. Mr. Raphael testified the assessment was done by using both simulation and the results of a field study. The key question of a visual impact appeared to be what does one see? Earlier, under cross examination from attorney Geoffrey Commons, of the Department of Public Service — the public watchdog in matters of electric generation and utility charges to ratepayers — Mr. Raphael testified it is the turbine’s hub and not the tip of the blades that is measured when it comes to visibility. He also testified there were three homes within one mile of the proposed wind farm, and that the project’s visual impact would be greater on people who were standing still than those walking along a trail. “Clearly we are dealing with generalities, right?” asked Mr. Commons. “Yes,” replied Mr. Raphael, who went to say that the visual impact would be greater on crosscountry skiers than it would on snow machine riders. “Which one is a dog sled more like?” asked Mr. Commons, as conversation turned toward a dog sledding center in Eden. In his overall aesthetic assessment of the project, Mr. Raphael found it would have no undue adverse effect — a conclusion that Mr. Tarrant argued was shortsighted. Mr. Raphael told the board that he was asked to do his assessment on the basis of a 21-turbine wind farm. A farm with 17 to 19 turbines, he added, never came up prior to conducting the study. He agreed that the Long Trail was the most significant asset in the viewshed, with unique scenic and conservation benefits to the public. But he quickly came under a withering attack when he conceded that before completing his report neither he nor any member of his staff had visited the popular hut or camp on the trail where the Lowell Mountain range is visible. He made it within 100 yards last winter, but had been turned back by the snow, he said. “It’s not as if we ignored it,” he said a little later, adding that an assessment was made with help from his staff, using simulation and gathering information from a member of the Green Mountain Club. With his ears still burning from the chairman’s scolding, Mr. Tarrant lightly requested a show of proof. “Name, rank, and serial number of the Green Mountain Club member who said you could only see four turbines,” he said, minutes before ending his cross-examination Tuesday morning. Ridge Protectors appeal Sheffield wind project The Ridge Protectors have filed a notice of appeal to the Vermont Supreme Court of rulings by the Vermont Environmental Court. The rulings reaffirm a stormwater construction permit for UPC Vermont Wind’s Sheffield project. Stephanie Kaplan, the lawyer representing the Ridge Protectors, said the group believes the Environmental Court’s rulings are based on critical misinterpretations and applications of Vermont laws involving the Water Quality Standards (VWQS) and the issue of who has the burden of proof. “The decision is inconsistent with Vermont legal precedent, with legislative intent, and if allowed to stand eviscerates the VWQS when it comes to stormwater, which cannot be permissible under the Clean Water Act,” said Ms. Kaplan. The citizens argue that the most significant error the court made was ruling that monitoring of streams during construction and applying the numerical standards and anti-degradation requirements of the VWQS are not practical or necessary in the context of stormwater. The presumption that stormwater construction permittees that comply with Best Management Practices automatically therefore comply with VWQS creates a very far-reaching precedent that cannot be allowed to stand, the group says. “What it means is that the state of Vermont is knowingly putting at risk and willingly trading off unique headwater stream ecosystems including the native brook trout and other species that inhabit them. These ecosystems exist only in isolated pockets across Vermont’s mountain landscape,” said Paul Brouha, a retired fisheries biologist and one of the appellants who live adjacent to the project. — from the Ridge Protectors