Castleton (also former Killington) police officer sues town

Rutland Herald

By Darren Marcy
Staff Writer | March 25,2014

 

CASTLETON — An officer with the Castleton Police Department has filed a lawsuit against the town.

Officer Cheri McDermott claims she was retaliated against for filing a written complaint alleging a hostile workplace because of her treatment by Town Manager Charles Jacien.

The lawsuit, filed in Rutland civil court March 20 by attorney John Paul Faignant, contains two counts: violation of Vermont’s Fair Employment Practices Act and interference with contract.

According to the lawsuit, Faignant wrote a letter on behalf of McDermott to Selectman Thomas Ettori, who was chairman of the board at the time, saying that Jacien’s behavior and treatment of McDermott had created a hostile work environment.

Jacien, contacted by phone Monday, said he couldn’t comment, but did say the complaint had been sent to Castleton’s insurance carrier, the Vermont League of Cities and Towns, for its consideration.

McDermott, contacted Monday, also said she couldn’t comment and referred questions to Faignant.

In the Oct. 16 letter, it is alleged that Jacien used “foul and vulgar” language when speaking to McDermott in private and in public. The letter also alleges Jacien made “false, libelous and slanderous” comments verbally and in writing about McDermott. The letter accuses Jacien of violating the union contract by manipulating McDermott’s personnel file by placing and removing items “at his pleasure, and without notice.”

The letter requests the town respond and require Jacien to “cease and desist from his hostile and discriminatory treatment of Officer McDermott.”

The letter also warns that Vermont law prohibits any town official from retaliating against someone for having made the complaint.

This past week, the civil suit was filed.

The complaint said that McDermott had been hired by the Killington Police Department part time, but after an article appeared in the Rutland Herald about her hire, someone with the town of Castleton contacted Killington unsolicited and “gave false and misleading information to the Town of Killington.”

After that, Killington terminated McDermott’s employment contract.

Faignant, reached Monday by phone, said that crossed a line.

“Just because somebody gets elected to a position in town government or appointed to a position in town government doesn’t mean they can start mistreating town employees,” Faignant said.

The lawsuit alleges the actions were a retaliation for filing a workers’ compensation claim and filing the complaint about the hostile work environment.

The interference with contraction portion of the lawsuit is because the town allegedly “intentionally and wrongfully interfered with Plaintiff’s contract with the Town of Killington.”

The town has 20 days to file an answer from when it was served, which was received by Town Clerk Katy Thornblade on March 20.

Early estimate puts district consolidation costs in millions

Rutland Herald

By Josh O’Gorman
Vermont Press Bureau | March 19,2014

MONTPELIER — Realignment of the state’s school districts could cost more than $11 million in salary adjustments and administrative expenses.

The House Education Committee took testimony Tuesday from William Talbott, chief financial officer for the Agency of Education, who offered some very preliminary estimates for expenses surrounding a proposal in the committee to create a series of large school districts across the state.

The proposal calls for the elimination of supervisory unions and the creation of multischool districts, each with a single governing board and a single budget.

While offering a caveat that the figures are very much “back of the envelope” — meaning not at all final — Talbott estimated the change could cost the districts upward of $11.4 million.

During a meeting last week, Talbott met financial managers from supervisory unions across the state and asked them to estimate how much district realignment would cost. At the high end, the average estimate came in at $50,000 for each supervisory union.

Across 40 supervisory unions, that cost comes to $2 million.

These expected expenses include the legal expenses of a merger, costs surrounding the blending of information technology, and final audits as the supervisory unions close their books forever.

That $2 million pales in comparison to potential costs as employees from different school districts all come to work for a single employer with a single salary schedule.

“Not all salary schedules are the same,” Talbott said, noting that salaries can vary from one region to another and between contiguous school districts. “It’s not a huge spread, but it’s something to take into account.”

Talbott estimated salary alignment could result in pay increases for about 4,700 school staff, which can include everyone from teachers to custodians. For an annual salary increase of $1,000 per person, the resulting cost would be approximately $4.7 million. At $2,000 a person, the cost would be more than $9.4 million. The estimates do not take into account the fact that, under the governance proposal, there is an expectation that there will be fewer administrators, meaning fewer salaries to pay.

“We anticipate that, sooner or later, there will be savings, but we don’t know what that will be yet,” Talbott said.

Also unknown is how much the proposal might cost for the Agency of Education, which, under the draft bill, would be charged with the task of offering guidance to districts as they look to consolidate. Committee members asked Talbott to return with estimates of how the draft bill would affect the agency.

While some might be looking to the draft bill as a response to rising education costs — especially in light of the defeat of 35 school budgets at town meetings earlier this month — the expressed intent of the bill is not to reduce costs but to increase the access students have to education opportunities, regardless of the size of the school.

@Tagline:josh.ogorman @rutlandherald.com

Comment: Have our legislators lost their minds. Why are we increasing people's salaries to consolidate. Why do we need to "increase the access students have to education opportunities..". I thought, according to Gov. Shumlin, we have the best education system in the country.

But the real kicker is the last paragraph " the expressed intent of the bill is not to reduce costs but to increase the access students have to education opportunities".  

Vito

Man accused of fatal hit-and-run denies violating conditions

By Darren Marcy

Rutland Herald
Staff Writer | March 18,2014

 

A Killington man awaiting trial on a felony charge of leaving the scene of a fatal crash in December in which a pedestrian was struck and killed had an additional $5,000 added to his bail Monday after he allegedly violated the conditions of his release by drinking alcohol.

Police made a conditions check just before midnight Friday and said they found Michael Debellis, 27, with a blood-alcohol content of 0.036. A little less than a half hour later, he had a BAC of 0.031, police said.

Debellis told Killington Police Chief Whit Montgomery he had just brushed his teeth and used mouthwash 10 minutes prior.

Montgomery who issued the first three of four breath tests, also said he saw Coors Light beer and empty vodka bottles in the residence.

Montgomery and a state trooper attested they could smell alcohol on Debellis while processing him at the state police barracks.

One of the conditions of release Debellis’ agreed to was no alcohol consumption.

He was held over the weekend for lack of $10,000 bail.

In arguing for additional bail Monday, prosecutor Rosemary Kennedy said the check was related to complaints that Debellis was drinking.

“Police had been receiving reports he had been drinking,” Kennedy said. “The state feels he’s not abiding by his conditions of his release. The underlying charge is quite serious. If convicted, he faces serious time in jail.”

Defense attorney Robb Spensley, however, said police had been to Debellis’ home three other times.

“This is not the second but the fourth time police had been to his house,” Spensley said. “The first three times he blew zeros. He denies he had been drinking.”

Spensley also took issue with asking Debellis to report twice a day to the Sheriff’s Department while also taking away his limited ability to drive.

“He lives 25 to 30 minutes away from the Sheriff’s Department, each way,” Spensley said. “There’s been innuendo, but not one shred of evidence, that alcohol had anything to do with this case. We think, frankly, it doesn’t make sense, the no-driving condition.”

But Kennedy said Debellis wasn’t facing a small charge.

“His underlying charge is a lot more serious than a lot of people who have to get themselves to the station,” Kennedy said.

Spensley also questioned the need for additional bail. He was already released on $25,000 and then posted $10,000 for this arrest.

Judge Theresa DiMauro agreed that requiring him to report twice a day and then taking away his driving privileges didn’t make sense, but she did add another $5,000 to the bail requirement.

A shift supervisor at the Rutland jail said Debellis was not in that facility Monday night.

Debellis is accused of striking and killing Kyle Wilson, 26, of Enfield, N.H., in December after he left a show at the Pickle Barrel.

darren.marcy @rutlandherald.com

Man accused of shooting released

By Darren Marcy

Rutland Herald
Staff Writer | March 18,2014

 

Darren Marcy / Staff Photo

Justin Bitar, 28, appeared in court Monday to answer aggravated assault charges stemming from the nonfatal shooting Sunday morning of his roommate and his girlfriend during a fight at the Killington apartment they share.

The attorney for a man accused of shooting two people in Killington early Sunday morning said his client was the victim of a violent encounter and one of the two people shot was actually his fiancée, who was helping him fight off an attack by their roommate.

Justin Bitar, 28, pleaded innocent to one count of aggravated assault for shooting Matt Dunn and one count of first-degree aggravated domestic assault for shooting Jessica Martone during the incident that happened after 4 a.m. Sunday at 2841 Killington Road in Killington.

According to defense attorney Robb Spensley, Bitar was trying to keep Dunn out of the room shared by Bitar and Martone.

According to an affidavit, after Dunn broke open the bedroom door and while he and Bitar were fighting in the doorway, Martone joined the fray against Dunn.

Bitar had armed himself with a .22 caliber semiautomatic handgun before Dunn gained access to the room, and when Dunn grabbed for the gun and pushed it away, the firearm discharged, striking Martone near the knee, according to the affidavit.

The fight continued and at one point Dunn gained control of the gun, pointed it at Bitar and pulled the trigger but the gun didn’t fire because Bitar had engaged the safety after the shot was fired that hit Martone, the affidavit stated.

Bitar was able to regain control of the pistol as the fight continued and eventually, according to the affidavit, Bitar told detectives he’d had enough and put the gun to Dunn’s leg and fired a shot, saying, “This is over.”

Dunn and Martone were both taken to Rutland Regional Medical Center. Dunn was treated and released. Martone was released Monday.

Bitar suffered facial injuries in the fight. In the affidavit, Burgess said that because of the fight, Bitar’s facial features were disfigured to the point that a mug shot couldn’t be taken, according to the affidavit.

At Monday’s arraignment, Spensley said Bitar had been severely beaten.

“My client has clearly been battered by what his doctor described as brass knuckles and he has an injury to his nose,” Spensley said.

Bitar’s face was various shades of black, blue, purple and yellow, and his nose had a cut down the side of it..

Martone, who had just been released from the hospital, was in the courtroom on crutches to support Bitar’s version of the story.

“She acknowledges and states that her getting shot was an accident,” Spensley said. “She and my client (were) trying to repel Mr. Dunn out of their private bedroom. We have at least two people here in court saying he was trying to get into that room.”

The early-morning fight seems to have stemmed from an earlier altercation in which Dunn was allegedly hit by Bitar’s friend, and Bitar and the friend then threw Dunn out of the apartment.

During that altercation, Dunn claims Bitar hit him over the head with a wine bottle.

Dunn’s version of the later fight was also quite different. He told investigators he returned to the house later after the first incident and the next thing he knew, Bitar had stuck a gun in his face and then shot him in the leg.

During bail arguments, prosecutors pointed out that Bitar didn’t seem to have strong ties to the area and, in fact, had been in Connecticut more than Vermont.

The prosecutor also pointed out that each of the two charges Bitar faces carries a possible penalty of 15 years in prison.

Spensley said Bitar did have ties to the area, including his mother, who lives in Rutland.

He said Bitar had been in the area for about nine years, although he had returned to Connecticut after a serious car crash for a while, and he also went back to Connecticut this past summer to work.

Spensley said Bitar is the bar manager at the Slopeside Bar & Grille and the establishment’s owner, Arnold Scott, was there to support Bitar.

Bitar was eventually released without bail but a long list of conditions, including that he not return to the apartment where the fight and shooting took place.

Judge Theresa DiMauro did not impose bail, but added more restrictions than the state prosecutor had asked for.

“I’m going to add a few,” DiMauro said. “It’s either that or bail.”

Bitar had originally been jailed for lack of $25,000 bail after he was arrested Sunday.

darren.marcy @rutlandherald.com

Where have the good jobs gone?

Rutland Herald

Opinion/Letter

March 18,2014

 

Where have the good jobs gone?

With all the discussion about increased education funding and reduced student population, it appears that the best our Legislature can do is a plan to increase property tax breaks for those earning up to $120,000 a year.

Unfortunately, this philosophy was somewhat addressed by our elected representative, Anne Gallivan during the Killington town meeting when she claimed that there is no problem with education spending, only how we pay for it.

I have commented before that just as we all must learn to live within our means, the state must also figure out how to do things smarter and more economically.

One of the issues commented on by many others is the income-sensitivity provision of the state education property tax. Although well-intentioned, it has grown to benefit 70 percent of Vermonters, and with the proposed increase, it is likely to grow to 80 percent. The complexity of the tax, and the perceived benefits to so many, have led to Vermont spending more per student than almost any other state; a trend that cannot continue unabated without serious financial consequences for all Vermonters.

Some may argue that those earning more than $120,000 a year should pay for those earning less. The concept sounds good until you realize that high-paying jobs are leaving Vermont much faster than they are arriving. Right or wrong, based on your perspective, Vermont is branded as one of the most business-unfriendly states in the country. As an example, IBM has lost more than 4,000 high-paying jobs, because the state did not adequately support its expansion efforts years ago. Instead, IBM moved their newest chip technology to New York, and now there are even some rumors of IBM selling its Vermont facilities. Vermont Yankee is another case in point.

In fact, hardly a week goes by that there is not another company leaving, or examining the financial wisdom of leaving Vermont.

I mention all this because when there are no $120,000-plus jobs left in Vermont, who will be left to pay for rising education costs?

MARTY POST

Killington

 

Comment: Right on Marty. In addition, one of Gov. Shumlin's rationales for spending so much on education is that since we have "the best education" in the country people are moving here. I haven't seen any evidence of that. In fact the state has been losing population for at least the last decade or two, about the same amount of time we've had supposedly best education system in the country. Well the only thing for sure is that we spend the most per pupil and have the highest student/teacher ratio in the country (14-1 last time I saw a statistic). And how is this great education benefiting the state economically? Although I only have anecdotal evidence, once these kids are so well educated they are apparently smart enough to look around and immediately leave the state because of the lack of opportunity. 

Shooting injures two in Killington

By Brent Curtis
STAFF WRITER | March 17,2014

Rutland Herald

 

KILLINGTON — A fight between roommates led to a shooting that sent two people to the hospital, according to Vermont State Police.

Police arrested Justin Bitar, 28, who lives at 2841 Killington Road where the shooting took place, and charged him with aggravated assault for allegedly shooting in the leg a man and a woman who live with him.

Bitar, who was jailed on $25,000 bail Sunday, will also answer in court today to a felony charge of using a firearm in the commission of a crime and a misdemeanor count of reckless endangerment.

His roommates, 25-year-old Matt Dunn and Jessica Martome, 25, were both taken to Rutland Regional Medical Center after police were called to the scene above Outback restaurant at 4:45 a.m.

By Sunday afternoon, Dunn had been released from the hospital while Martome remained there in good condition, according to an RRMC spokeswoman.

State Police Detective Lt. Kevin Lane said Sunday he couldn’t discuss the details of the case but he said the shooting was precipitated by an event earlier in the night between the roommates.

In the earlier altercation, police say Dunn was assaulted by Bitar and one of his friends, Karl Albert, 44. Albert was issued a criminal citation for simple assault, Lane said, but he was not present when the shooting took place.

Lane said two shots were fired during the incident and police have recovered the firearm. He declined to say what type of weapon was used.

Earlier in the day, a state police trooper guarded the entrance to the apartment which was littered with garbage bags, empty beverage containers and other debris.

Lane said a forensic crime team collected evidence at the apartment later in the day and that police had applied for a search warrant at the address.

Ron Viccari, the Connecticut owner of the commercial property where the apartment is located, said he had recently had problems with Bitar and was planning to evict him.

He said he learned Sunday that Dunn and Bitar began arguing after Bitar came home from work after 2 a.m. Sunday. A fight ensued with Bitar breaking a wine bottle over Dunn’s head, he said.

Dunn left the residence but later returned home just before the shooting took place, Viccari said.

Anyone with information about the shooting is asked to call Vermont State Police at 773-9101.

brent.curtis

@rutlandherald.com

Killington budgets pass handily

Rutland Herald

By Josh O’Gorman
Staff Writer | March 05,2014

 

Anthony Edwards / Staff Photo Killington resident Claud Blais drops his ballot into the collection box after voting at the Killington Town Office on Tuesday.

KILLINGTON — Residents approved municipal and education budgets Tuesday, passed a $1 million bond for highway repairs but declined to spend money to renovate the former Teen Center.

By a vote of 196-77, residents defeated an article seeking $169,000 to renovate the Teen Center — and one-time home of the Sherburne Memorial Library — and turn it into a museum for the Sherburne Historians.

Voters approved a $1.4 million bond to make highway repairs by a vote of 198-73.

By a 182-84 vote, residents approved a municipal budget of $4,103,573, a decrease of $989,507, or 19.4 percent, compared with the current budget of $5,093,080. That budget does not include revenues or expenses related to Tropical Storm Irene, which accounts for much of the decline.

In an uncontested race, Ken Lee took the three-year seat on the Select Board being vacated by Bernard Rome.

In other articles, voters decided to exempt the Andrea Mead Lawrence Lodge at Pico Mountain from property taxes, 194-77, and approved the change from a calendar year to a fiscal year by a vote of 237-33.

Residents also approved an article to transfer $70,000 from the winter sand pile budget to pay for road resurfacing projects, and another to become a Property Assessed Clean Energy District.

However, by a vote of 160-115, voters defeated a motion to expand the Select Board to five members.

Comments: Wonder why Josh O'Gorman decided to portray the budget as a decrease when in fact taking out the one time Irene expense it was in fact a 14% increase over last year's actual expenditures.

Vito

Regarding Killington's Australian town meeting

A few thoughts on Killington's upcoming Australian "town meeting" vote.

While the Town Manager is touting the proposed town budget will only result in a half cent increase in the property tax this year there are ramifications beyond this year.

Since the 2014 budget includes $423,325 in FEMA reimbursements from Irene that amount will have to be found elsewhere in the 2015 budget. At roughly $90,000 per 1 cent of property tax rate that could result in close to a 5 cent hike in next year's tax rate if 2015's budget is level funded.

It has already been announced that if Article 5. the $1.400,000 bond for the road improvements passes that it will result in a 2.5 cent increase in the budget for 2015 and further increases on top of that in future years.

Part of the proposed budget is the estimate of 1% options tax receipts which was somewhat arbitrarily set at $700,000. The Town manager, showing prudent fiscal sense, had actually wanted a lower estimate, yet at the behest of the select board increased his estimate so the estimated  rate increase would be less that 1 cent.

Even though the tax rate is only estimated to go up about 1/2 cent the proposed budget is an increase of $368,358 or 9.87% over last year's budget. It is even greater if the proposed 2014 budget is compared to the actual 2013 general fund expenses, a whopping $512,929 or 14% increase which is about 5.5 cents of the tax rate (See page 26 of town report). This year it's mostly covered by the FEMA reimbursements. Next year it will have to be borne by the taxpayers if level funded. So be forewarned as to what's coming down the road next year, either serious cuts or a serious increase in the tax rate. So between losing the FEMA cushion and road bond maintenance we're already talking an 8 cent increase next year.


If Article 6 passes allocating $169,000 for the renovation of the former teen center into a haven for the historical society it will add another 2 cents to this year's tax rate. While in principle I have no problem with the article being put forth as there may be enough interest amongst Killington natives and long time residents in preserving Killington/Sherburne's heritage to warrant such an expenditure, the process by which this came to fore is somewhat dubious. When the historical society initially approached the select board they requested a loan so as to explore funding options for the restoration stating they would seek grants and other financing options while at the same time firmly stating they would not approach the taxpayers for said funds. Yet here we are, about a year and a half later, the loan has not been paid back and they are looking to the taxpayers to finance their project.
At approximately the same time a representative of the Chamber announced during a select board meeting that the Chamber supported the historical society and was willing to set aside space in the property formerly known as Bill's Country Store for the society. Whatever happened to this option? Given all the support the town has given and is planning to give to Bill's why is this not a viable option?
Mind you all this occurred before last year's hotly contested election. You have to wonder what was going on behind the scenes.
Also consider this, if the renovation is approved there will be operating costs such a climate control, water, sewer, insurance, etc., never mind staffing. Where are these funds going to  coming from?

And what about the park and ride at the property formerly known as Bill's Country Store. Once the park and ride is built who is going to maintain it.. You guessed it, the town. We had to go through an agonizing process just to get the elementary school parking lot plowed by the town road crew, now we're adding the expense of plowing what is basically a private parking lot. Was this expense factored into the budget?

And rumor has it that the Discover Killington website is going to be handed over free of charge to a private entity after the town spent hundreds of thousands of dollars developing it. This is a vehicle which if properly operated could make revenue for the town.

And last but not least, even though a lot of lip service was paid to putting additional money aside to pay off the golf course refi balloon payment nothing was budgeted for 2014.  Going back to kicking the can down the road.

So given all these pitfalls I am voting no on the budget and urge you do so as well so the board can re-evaluate its priorities and plan properly for the future not just for the upcoming year.

Vito