Tuesday, October 1, 2013

Revote on golf course sinking fund money set aside by last town meeting vote?

Well the weasels are at it again. I just read the current correspondence for tonight's (October 1, 2013) Select Board meeting. And guess what, Seth Webb is jockeying to get a revote on the $217,500 that was supposed to be set aside in a restricted sinking fund to pay off the million dollar balloon payment on the loan that refinanced the shortfalls on bond payments for the golf course.
Why was this money not set aside already? It's 9 months since the start of the year and 6 plus since the vote on the budget. Now the town manager decides the vote needs to be clarified. There were other funds allocated to reserve funds such as the fire dept.'s capital fund. One hundred thousand dollars was set aside. Why wasn't the additional $75,000 voted to be set aside not put in a restricted fund? So selected items were funded and others were not. Why, incompetence or scheming to reverse the will of the voters? Why no legal opinion on the fire department hundred grand put in the restricted fund and the 75 k not put in the fund?
This issue came up in a previous Select Board meeting and Chris Bianchi stated the board requested an opinion from Jim Barlow, attorney for the Vermont League of Cities and Towns, who stated there was no issue with setting the money aside based upon the budget vote. Now we have a different opinion from the same person.
The 2012 Town Report clearly states what the money is for. On page 3 under the heading "2013 Budget" the last bullet point states, "Setting aside an additional $217,500 of undesignated funds to be used against a future Golf debt liability of $1.1 million, which is due for payment in 2022." On page 27 under the heading "Undesignated Funds Allocation", the last item is Golf Debt Balloon Payment in the amount of $217,000. I think these are pretty unequivocal statements and with the elimination of the Town Meeting forum, the Town Report is where a majority of voters get the information they base their votes on.
So, what the hell is going on?
I'll tell you what's going on, the select board and the town manager are trying to pull the wool over the voters eyes to get them to reverse the funding that they already voted on.
 Below is the correspondence between Webb and Barlow.

From: Jim Barlow [jbarlow@vlct.org]

Sent: Wednesday, September 18, 2013 4:29 PM

To: Seth Webb

Subject: RE: golf debt payment



Seth, 



My recommendation would be to ask the voters for specific authorization to create a sinking fund to 

retire the golf course debt on the ballot at town meeting in 2014.  



As we discussed, with such a vote there will be no question about the use legal status of these funds, 

the town's authority to carry them forward from year to year, or the voters' intent that they be 

applied to the golf course debt.   



If such a vote is not taken, the passage of time will only make the voters' intent in 2012 less clear.



Jim Barlow

Senior Staff Attorney

VLCT Municipal Assistance Center

Jbarlow@VLCT.org

229-9111 x 1914 

229-2211 (Fax)

SKYPE - Jim.Barlow9 



This transmission may contain privileged and confidential information.  It is intended only for the use of the 

person(s) to whom it  is addressed above.  If you are not the intended recipient, you are hereby notified that any 

review, dissemination, distribution or duplication of this communication is  prohibited.  If you are not the 

intended recipient, pleaFrom: Seth Webb [mailto:sethwebb@town.killington.vt.us]  

Sent: Wednesday, September 18, 2013 3:53 PM 

To: Jim Barlow 

Subject: golf debt payment



Jim –



Thank you for chatting with me earlier. I’m writing to summarize our question:



- At Town Meeting in 2013, voters passed the budget which included a line item for $217,500 for 

“Golf Debt Balloon Payment”.  



- Due to the structure of the debt (which the appropriation is intended to pay down), we cannot 

make that payment until 2022.  As a result the money needs to roll over and be placed in a 

restricted sinking fund



- Realizing we did not ask the voters for the specific authorization to create the restricted fund, 

the Board was considering placing the question (of creating a restricted fund for the 2013 

appropriation) on the ballot at town meeting in 2014.  



- Our question is: do we need to create a separate ballot initiative, or was the voters’ intent 

understood with the 2013 vote (allowing us to create a the restricted fund now)?



Please let us know your opinion.



Thank you,



Seth





Seth Webb

Town Manager

Town of Killington

2706 River Road

Killington, VT 05751

sethwebb@town.killington.vt.us 

802.422.3241 (office) 

917.693.7216 (cell)


           www.killingtontown.com
 
 
 
 
 Comment: Jim Barlow's statement "the passage of time will only make the voters' intent in 2012 less clear.",
 says it all. Apparently it took only 6 months for the voters intent to become ill defined. The delay in setting 
aside the money has created this lack of clarity and I believe this is what the 
powers that be are counting on.  
 
Vito 

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