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Tuesday, March 26, 2019

Posted By on Tue, Mar 26, 2019 at 5:22 PM

click to enlarge Senate Plan Would Allow School Districts to Delay Forced Mergers
File: Paul Heintz
Sen. Phil Baruth (D/P-Chittenden)
The Vermont Senate approved a bill Tuesday that would give new flexibility to all school districts facing orders to merge from the state Board of Education.

The measure would force districts that were ordered to consolidate to form a new school board together. That board could then vote to delay the merger by one year, to July 2020, or chose to move forward with it this year, as originally mandated by the state.

The proposal is the Senate's take on H.39, which the House approved in February by a 134 to 10 vote. Both versions of the bill are designed to address the concerns of districts ordered to merge under Act 46, the state’s 2015 school consolidation law. But the version passed by the House would only give an extension to certain districts that haven’t yet presented a merger plan to voters.

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Posted By on Tue, Mar 26, 2019 at 3:50 PM

click to enlarge Lawmakers Ponder Fate of Orphaned College Records
Rob Donnelly
The Vermont Agency of Education wants to unload student academic records from the now-closed Burlington College onto the Secretary of State's Office — which doesn't want them either.

Who should store and manage student transcripts when a colleges closes is no idle concern in Vermont. So far this year, three private colleges in the state have announced they will close this summer: Green Mountain College in Poultney, Southern Vermont College in Bennington and the College of St. Joseph in Rutland. St. Joe's announced last week that it will shut down after a failed campaign to stay open.

The Agency of Education has managed Burlington College's records since the school closed in 2016. At the urging of the agency, the Vermont House Education Committee drafted a bill that would transfer the orphaned records to the Vermont State Archives & Records Administration by August 1. That's a division of the Vermont Secretary of State's Office. 

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Posted By on Tue, Mar 26, 2019 at 12:58 AM

click to enlarge Burlington City Council Approves Funding for City Hall Park Renovation
Suisman Urban Design
CIty Hall Park design
The Burlington City Council voted resoundingly on Monday night to use millions of dollars to renovate City Hall Park, a decision that paves the way for the controversial project to begin this spring.

Ahead of the 10-2 vote, dozens of people who oppose the park renovation turned out to try to convince councilors to vote down the $5.8 million in financing. The opponents, part of a group called Keep the Park Green, say the renovation will result in the removal of healthy trees and is too expensive.

The renovation will, in fact, cost more than previously expected. The lowest bid came in at $4.9 million, significantly higher than the initial estimate of $4 million. Mayor Miro Weinberger attributed the higher price tag to increased cost for soil remediation and the plan to protect existing trees during construction. He also blamed the opposition group and delays in the process for causing the cost to spike.

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Monday, March 25, 2019

Posted By on Mon, Mar 25, 2019 at 4:58 PM

click to enlarge House and Senate at Odds on Lead Limit for Vermont Schools
File: Michael Tonn
Lawmakers are moving quickly to address lead in drinking water at Vermont’s schools and childcare centers, but the House and Senate disagree on how strict the state’s standards should be.

The Senate has approved legislation that would require lead testing at all schools and childcare facilities and would mandate plumbing work at any schools with lead levels higher than three parts per billion. The Senate also approved $2.5 million to fund the tests and half the costs of replacing any faucets.

The legislature's urgency is due in part to a 2018 Agency of Education pilot program that tested water at 16 schools. Of the 900 faucets and fountains checked, 27 had lead levels above the U.S. Environmental Protection Agency's limit of 15 parts per billion. In response, Gov. Phil Scott called on the legislature to act quickly to expand the program statewide.

House Education chair Kate Webb (D-Shelburne) said Monday that her committee fully supports lead reduction, but its members have concerns about the Senate plan. The House panel is working this week on the bill that the Senate passed and could make significant changes.

“What we’re finding in hearing from facilities managers is that some of the assumptions that [Senators] made … are not always accurate,” Webb said.

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Sunday, March 24, 2019

Posted By and on Sun, Mar 24, 2019 at 3:11 PM

click to enlarge Mueller Summary Insufficient, Says Vermont Congressional Delegation
Kevin McCallum
U.S. Sen. Patrick Leahy (D-Vt.) speaks to the media at Burlington International Airport Sunday.

Updated at 11:39 p.m.

Vermont’s congressional delegation isn’t going to settle for a four-page summary.

Responding Sunday to the release of the topline findings of Special Counsel Robert Mueller’s investigation of President Donald Trump, Sen. Patrick Leahy (D-Vt.), Sen. Bernie Sanders (I-Vt.) and Rep. Peter Welch (D-Vt.) called for the public release of Mueller’s full report.

“I don’t want a summary of the report,” Sanders said during a presidential campaign rally in San Francisco. “I want the whole damn report, because nobody, especially this president, is above the law.”

Two days after Mueller closed his 22-month probe of Russian interference in the 2016 presidential election, Attorney General William Barr summarized Mueller’s findings in a four-page letter to Congress. According to the AG, Mueller found no evidence that Trump’s campaign conspired or coordinated with the Russian government to swing the election.

As to whether Trump obstructed justice, Barr wrote that Mueller “did not draw a conclusion — one way or the other." He quoted Mueller as saying that “while this report does not conclude that the President committed a crime, it also does not exonerate him.” Barr added that, after reviewing the report, he and Deputy Attorney General Rod Rosenstein had determined that Trump had not obstructed justice.

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Friday, March 22, 2019

Posted By on Fri, Mar 22, 2019 at 6:18 PM

click to enlarge Burlington City Councilor Wants to Amend Conflict of Interest Policy
File: Oliver Parini
Dave Hartnett
A Burlington City Council member wants to revamp the city's conflict of interest policy.

Currently, a councilor or member of a city board must recuse themselves from a vote or discussion if he or she — or a family member — will benefit financially from the matter at hand. Under the current rules outlined in the city charter, officials do not have to provide details about the conflict.

That's not good enough for Councilor Dave Hartnett (D-North District).

"I think the language is, at best, vague," he said. "We need to be accountable and we need to be transparent."

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Thursday, March 21, 2019

Posted By on Thu, Mar 21, 2019 at 6:13 PM

click to enlarge Vermont Senate Backs 24-Hour Waiting Period for Gun Sales
Kevin McCallum
Sen. John Rodgers

The Vermont Senate on Thursday advanced legislation that would impose a 24-hour waiting period on those purchasing handguns. The preliminary vote came despite opposition from gun-rights supporters, who claimed the bill would infringe upon their rights, and from those who said the restrictions weren't strict enough.

The 20-10 vote suggested that supporters in the Senate would be able to override a potential veto from Gov. Phil Scott, who has expressed opposition to new gun laws. The measure is expected to face a final vote in the Senate on Friday and would then move to the Vermont House.

All six Senate Republicans opposed the bill, as did Sens. Dick Mazza (D-Grand Isle), Alice Nitka (D-Windsor), John Rodgers (D-Essex/Orleans) and Bobby Starr (D-Essex/Orleans).

The bill’s sponsor, Sen. Dick Sears (D-Bennington), said he was proud that the Senate Judiciary Committee, which he chairs, found middle ground between the two divergent positions. “I hope folks won’t be put off by the word compromise, because if we’ve come to that, we’re in deep trouble,” Sears said.

Sears, who had previously opposed the measure, said he learned from experts who testified before his committee that suicide attempts with guns are far more successful than by other means, and that those who make such attempts usually do so impulsively.

“The vast majority of the people who decide to commit suicide [do so] based on an impulse, and that decision was made within eight hours,” he said.

If enacted, the law would require gun buyers to wait a day after undergoing a federal criminal background check before taking possession of a firearm.

After the vote, the family of Andrew Black released a statement supporting the Senate's move. The 23-year-old Essex man shot and killed himself in December, hours after buying a gun.

"If this handgun purchase waiting period was the law last year I know it likely would have saved our son’s life,” Alyssa Black wrote. “I sincerely hope that this effort will save other families from experiencing the heartbreak we are going through."

Leading the opposition was Sen. Rodgers, who argued that those who commit mass shootings or suicide are often more influenced by social media than by gun access. “I believe the internet is much more dangerous than firearms are,” Rodgers said.

Similarly, far more teenagers are killed texting while driving than from guns, he said, and yet there is no rush to take phones away from them. He did not mention that lawmakers recently toughened laws against texting while driving.

The Senate rejected an amendment Rodgers offered that would have limited the waiting period to new gun owners. It did approve other suggestions he made, including allowing law enforcement officers from other states and those competing in organized shooting events to possess high-capacity magazines. He said the Second Amendment should not just be viewed as a right for sportsmen.

“It’s about protecting oneself, one’s community, one’s state, one’s country,” Rodgers said.

The Northeast Kingdom Democrat got some backup from Sen. Joe Benning (R-Caledonia), who argued that he wouldn’t support a waiting period on a woman’s right to choose, nor would he support one on when newspaper reporters could file their stories.

Benning argued that, while suicides are tragic, there is no evidence that a waiting period would really work. “But make no mistake, it is an impediment placed in the path of someone who would choose to exercise their right to self-defense,” he said.

Sen. Ruth Hardy (D-Addison) said she was disappointed that the bill didn’t impose stricter rules. She grew up in and lives in a rural area and supports firearms for hunting and sport, she said, but is keenly aware of the dangers they present.

“I also know that guns pose a significant public health, domestic violence and public safety threat,” she said.

The mother of three school-aged children said she knows firsthand the impact gun violence — especially school shootings — is having on children today. “Our children are stressed and scared, and they have been demanding that we do something,” Hardy said.

She said she considered 24 hours too short of a waiting period, noting that many states require waits of a week or more. She also lamented the limitation to handguns, noting that someone could just as easily kill himself, herself or others with a rifle. She said she would support the bill out of the spirit of compromise Sears expressed.

“More change will come and I will be here in this chamber to help make it happen,” she said.

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Posted By on Thu, Mar 21, 2019 at 5:49 PM

click to enlarge Judge Allows Vermont's Opioid Lawsuit Against Purdue Pharma to Proceed
Mark Davis
Vermont Attorney General T.J. Donovan
Vermont's lawsuit against Oxycontin maker Purdue Pharma will proceed after a judge denied the company's request to toss out the state's claim that Purdue used deceptive tactics to market the drug.

Chittenden County Superior Court Judge Helen Toor was unmoved by Purdue's argument, among others, that the suit should be dismissed because the opioid epidemic the drugmaker fueled isn't a "public nuisance" under Vermont law.

"It cannot be seriously argued that the impacts of opiate addiction in Vermont have not affected the general public," Toor wrote in a March 18 ruling.

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Wednesday, March 20, 2019

Posted By on Wed, Mar 20, 2019 at 8:56 PM

click to enlarge Fee Hike Could Spawn Revenue to Save Salisbury Fish Hatchery
File: Megan James/KidsVT
A child feeding the fish at the hatchery

Updated March 21 at 10:04 a.m.

A Vermont fish hatchery slated to close next year over water quality concerns appears to have won a temporary reprieve from Gov. Phil Scott’s budget ax after angler and hunter groups agreed to pay more for licenses.

If approved by the legislature, the deal would provide an additional $310,000 to keep the Salisbury Fish Culture Station open for another year while the state explores ways to prolong its life or move the hatchery operations elsewhere.

“I feel like people have come together in good faith to try to keep the hatchery operating, and they’re working toward that goal,” Fish & Wildlife Commissioner Louis Porter said Wednesday.

The hatchery, which opened in 1931, raises brook, brown, rainbow and lake trout that produce eggs used by the four other fish hatcheries in the state. Most of the fish stocked in Vermont streams and lakes begin their life cycles in Salisbury.

Wastewater discharged from the facility contains nutrient levels that exceed water quality standards, according to Julie Moore, secretary of the Agency of Natural Resources. That water runs into an unnamed tributary of Hanlon Brook that is considered an impaired water body, Moore said.

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Tuesday, March 19, 2019

Posted By on Tue, Mar 19, 2019 at 8:28 PM

click to enlarge Montpeculiar: Legislators Pour Over Vermont's Happy Hour Ban
Zerbor/Dreamstime.com

A bill to lift Vermont’s prohibition on happy hour received a spirited response from legislators Tuesday.

The oft-debated idea of allowing restaurants, bars and breweries to sell discounted booze for up to two hours a day had some legislators downright tipsy with anticipation.

“How about a field trip to test it?” quipped Rep. John Killacky (D-South Burlington), a member of the House Committee on General, Housing and Military Affairs, which heard the bill pitched for the first time this session.

“I’ve lived in three states and this is the only one that doesn’t have a happy hour,” Rep. Marianna Gamache (R-Swanton) said wistfully. “I think it’s a good idea.”

Committee chair Tom Stevens (D-Waterbury) had a more sober response, reminding his fellow legislators that if the committee seriously considers the bill its members will undoubtedly hear from residents of Burlington — which has three colleges — concerned about young people overindulging.

Stevens noted there are already some “workarounds” of the law, including “appy hour,” for which appetizers are discounted to draw in hungry patrons. Specific beverages can also be discounted all day, which is why Positive Pie in Montpelier sells Heady Topper for $5 on Tuesdays, he noted.

That prompted Rep. Matt Birong (D-Vergennes) to fondly recall how Three Needs Taproom and Brewery in Burlington used this loophole during its “Duff Hour” specials.

“They would tap a keg of Saranac for $2 a pop, until the keg runs out, starting when the Simpsons started at 4:30 p.m.,” Birong said.

Rep. Matthew Trieber (D-Rockingham) said he sponsored the bill in recognition of the tourist trade connected to the state’s unique craft brewers and distillers.

“We thought this may be a way to help some of our restaurants and bar owners capitalize on that a little bit, and allow some of the local breweries to be tried out at a cheaper price,” Trieber said.

The legislator added that 42 other states in the nation allow happy hours, though he noted Massachusetts does not. He expressed openness to limiting the hours or types of drinks allowed to be sold at reduced prices if the committee had concerns. “Anything is better than nothing,” Trieber said.

Stevens said it’s not clear if his committee “has enough juice” to take on the issue this session, but if it did, “It'll be a lively conversation, especially if we start at 5 p.m.”

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