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The District 9 Environmental Commission had a day-long public hearing on March 22. Here is Raj Bhatka's statement to the newspaper:
It's a shame that both a small but growing business and a cash-strapped state are diverting resources to hear out the unfounded complaints of my neighbor [George Gross]. Even his experts agree that there are no risks associated with my project, but he has succeeded in preventing us from hiring new employees and stopping our growth. Despite claiming that he just wants WhistlePig to follow the rules, which we are doing, he's asking the state to shut us down, and making fantastical claims like saying we'll build 63 barns. In regards to what I have done, I've always thought the renovations to my barns were not construction, and the moment I wanted to do any construction, I applied for a permit. If repairing and re-tasking crumbling barns is illegal, maybe we need to reexamine the laws. And if using one's own grain to make another product, be it bread or whiskey, is not agriculture, maybe we need to revisit our notions of agriculture as well.
At this stage the Commission is going to make a ruling after receiving additional information. More permits are needed before an Act 250 permit can be issued.
It looks like the attorney for Berry Lady has tipped their hand. They aren't so much arguing on the basis of what Whistle Pig plans to do but what Whistle Pig might conceivably do in the future.
Quote:
"Any company that wants to run a business with 30-thousand barrels in ten years is going to want to run a business with 300-thousand. I mean come on, look at the growth of the industry - any fool can see this industry is exploding."
It looks like the attorney for Berry Lady has tipped their hand. They aren't so much arguing on the basis of what Whistle Pig plans to do but what Whistle Pig might conceivably do in the future.
And while I like his crack about "chewing walnuts and living in caves" (stone-age anyone? ) it probably wasn't politic of Bhatka to refer to Berry Lady as a lunatic.
The berry people do seem to be trying to shut him down. As far as I can tell, there really isn't much opposition except from them, and most of the locals want the jobs. The Kentucky lawyer who specializes in challenging ethanol emissions from distilleries sounds like a slimy ambulance-chaser. You can't blame Bhatka for mouthing off a little. First of all, most of the community is behind him, and second of all, he's got that entrepreneurial spirit that makes him want to fight back.
As far as "caves" go, the only ones I know of around here are what they use to age artisanal cheese.
It's all part of his act, which I think is a real turnoff. He's effectively making fun of VTers by trying to act like a pissed off local. Ever see Apprentice when he was in it? His act is to pretend to be eccentric an get attention for himself. I'd support this more if he was just a normal businessperson, but I am sure he is playing a game and thinking VTers are all podunk town idiots. Why did he skirt the rules to begin with?
It's all part of his act, which I think is a real turnoff. He's effectively making fun of VTers by trying to act like a pissed off local. Ever see Apprentice when he was in it? His act is to pretend to be eccentric an get attention for himself. I'd support this more if he was just a normal businessperson, but I am sure he is playing a game and thinking VTers are all podunk town idiots. Why did he skirt the rules to begin with?
I'm not sure that he was skirting the rules much. He's been ramping up production and hasn't actually used any of his own rye as far as I know. He must be a bit of a ham for going on TV, but I don't detect a condescending attitude to Vermonters. The people he's fighting with are from New Jersey.
He was skirting the rules all right. He was told he needed an Act 250 permit but he made no move to get one. Instead he proceeded with his plan to manufacture the whiskey.
I'm sure he did it deliberately, figuring if he and his whiskey achieved enough prominence, he could sway public opinion in his favor and potentially bring down this Act 250 nonsense. I also suspect that he and Berry Lady have had run-ins before. There is no doubt in my mind that if Berry Lady and her husband were locals instead of contentious transplants, they would welcome the possibility of employment for themselves or their children.
Personally even though he did wrong and knew it, I hope this puts a discussion of Act 250 on the table. As an extremely frustrated business owner my opinion is that if VT does not turn its head up its hind end policies towards business pronto, the state is going to be in even more fiscal trouble in 20 years than it is now. Of course I plan to be gone - taking my business with me, but I feel sad for what has happened to VT. Frankly a lot of VTers ARE podunk idiots. And I say that as someone who grew up here. That is the only explanation as to why VT has allowed transplants to overrun the state and ruin it.
I don't feel as if I know the whole story. Perhaps demand has been higher than he expected and Bhatka took a few shortcuts to maximize production. If anything good comes out of this it might be that Act 250 gets an overhaul. It's hard to take the berry people seriously when their farm is only 25 acres. I doubt they make a dent on the local economy. From my point of view as an impartial observer the whole thing is a tempest in a teapot because WhistlePig would have to grow dramatically for several years in order to have a significant environmental impact.
Paul, the impact of Berry Lady on the local economy is not a factor and shouldn't be. Act 250 wasn't put in place to pit business against business. Berry Lady would (and should) have the same right to protect their quality of life if they had simply moved up from NJ to enjoy retirement with no intention of running a business. If Bhatka wanted to create a tire burning facility, there should be a mechanism in place to raise an objection (especially considering the pervasive nepotism and practice of politicians and town officials helping "friends" in VT).
The fact that her business model is a joke, their revenues for 2011 were approx $50k, and their arguments are clearly fallacious does cast the NJ couple in the light of opportunists having filed a frivolous suit looking to be paid off in a settlement by the more successful Whistle Pig enterprise (my interpretation) and does not help her in the court of public opinion. I hope Bhatka mops the floor with them, but this is the business owner in me speaking. If he had gotten his ducks in a row instead of deliberately flaunting the law, it would have made his hands cleaner.
If he had gotten his ducks in a row instead of deliberately flaunting the law, it would have made his hands cleaner.
Agreed. He could have handled this better and obviously has been winging it a little. That could be due to laziness, overconfidence or ignorance - I don't know.
What gets me is that there is so much fuss about a minor issue. Where I live we get some pretty strong whiffs of manure at certain times of year, and you won't see me hauling anyone into court about it.
That's because they are farmers. Farmers rule in VT. Farmers can use propane tanks to store cow urine in and then re-use them as propane tanks. Farms are exempt from many fire safety regulations that apply to businesses and homeowners. Farmers can hire illegal aliens and need not fear that the cops will do anything about it. Farmers bleed trees and burn obscene amounts of wood to obtain maple syrup and no one complains about energy efficiency or carbon footprints. And yes, farmers can spread manure on a warm sunny day and if you live in VT, you better like the smell.
It's no wonder Bhatka wants his operation classified as a farm. If he succeeds, he can almost get away with murder.
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) it probably wasn't politic of Bhatka to refer to Berry Lady as a lunatic. 
