Drivers OK after Killington head-on crash

Rutland Herald

By Dan Colton
Staff Writer | January 28,2016

 

KILLINGTON — Two drivers escaped injury in a head-on crash Wednesday on East Mountain Road in Killington.
Police said Xiaopeng He, 28, of Flushing, N.Y., was driving west too fast for conditions about 1 p.m. and crossed his Acura TL into the eastbound lane while turning.
The vehicles collided in a depression between two small rises near Whiffletree Condominiums.
Scott Carter, 57, of Killington, was eastbound at the wheel of his Jeep Wrangler and said in an interview that the Acura would have continued off the road and into a nearby ditch if the crash hadn’t halted the Acura’s momentum.
The roadway on East Mountain Road was slick with a mixture of ice and slush along the shoulders. The ditch, containing large rocks and a culvert drain pipe, was covered in snow. Neither driver reported injury, police said. They were the cars’ only occupants.
Officer Brent Howard, of the Killington Police Department, said He was issued a ticket for defective equipment. The tires on his Acura were bald, Howard said, and He admitted to exceeding the speed limit moments before the crash.
The speed limit on East Mountain Road is 25 mph and He stated he was traveling at 35 mph, Howard said. Carter said He’s speed was even greater.
“(He’s vehicle) came down the hill and took the corner too fast, based on road conditions,” Howard said.
The vehicles sustained heavy front-end damage and were towed by Killington Auto.
Police said both drivers were wearing seat belts.

Candidates line up for March races

Killington
In Killington, Jim Haff will challenge chairwoman Patty McGrath for a three-year seat on the Select Board.

Killington board OKs $4.15 million budget

Rutland Herald

By Lola Duffort
STAFF WRITER | January 22,2016

 

KILLINGTON — The town’s voters will be asked to support a $4,155,339 budget at town meeting in March.
The budget is just $51,766 more than it was in 2014, the last time the town had a 12-month budget. Killington budgeted for $6,287,154 in its current, 18-month budget, which spanned 2015 and parts of 2016 as the town shifted from a calendar year budget cycle to a traditional fiscal year.
Also on the ballot will be a $200,000 loan to pay for a new roof at Sherburne Memorial Library.
The loan will be funded from money in the library’s capital account, town officials say, and will not require raising additional taxes.
Structural repairs to the roof could in theory be done at a different time than shingle replacement, Select Board Chairwoman Patty McGrath told a resident at the board’s meeting last week — but it’s better to do the work all at once.
“Another thing to consider is that interest rates are at historic lows. Shingles are actually made from a petroleum product, so they are also at lower prices right now. Two or three years from now, we might not be looking at the same thing,” McGrath said. “You’re going to have to pay that money sooner or later — I would rather pay less.”
Also on the ballot will be a $400 appropriation to the Child First Advocacy Center, which houses the special investigations unit in Rutland County that investigates child abuse.
If approved by voters, the appropriation would be become an annual one.
Wendy Loomis, executive director of Child First, told Select Board members at their meeting last week that the center was approaching municipalities across the region for the extra funds.
The money would help fund prevention services, including professional development with educators in area schools, she said.
Two items won’t be on the ballot that Select Board members had earlier considered: land for a new fire station, and a reserve fund for a pool replacement.
With other items on the ballot this year, McGrath suggested the town defer asking voters about the pool, which is about 10 years away from needing replacement, town officials estimate.
“We certainly have to start making plans,” she said. “But at this point, I’m not sure it’s the right time to decide setting aside money.”
As for the fire station, Interim Town Manager Dick Horner told the Select Board last week a committee was trying to find a new spot for the fire station but hadn’t been able to find an appropriate parcel.
The town could always call for a special meeting to support the purchase of land if a parcel were identified, Selectman Chris Bianchi noted.
lola.duffort @rutlandherald.com

 

Comment: I'm not sure what committee Dick Horner is talking about, the one I was on found multiple appropriate parcels  for  a new firehouse. The committee felt the community needed to learn more about the fire department and its needs and be more receptive to a new firehouse. 

 

 

 

Town Moderator Sues Town Of Killington ( Vermont Public Radio)

VPR

By Nina Keck • Jan 14, 2016

A local attorney is suing the town of Killington alleging town officials and a former town manager, mishandled municipal affairs, withheld information and hurt Killington taxpayers.

In his seven-page lawsuit, Melvin B. (M.B.) Neisner, a long-time attorney and Killington’s town moderator, highlights what he calls breaches of fiduciary duty to the residents and property owners of Killington.

He argues that the town damaged his own property by improperly replacing culverts and by raising the shoulder of the road in front of his home.

A long-time critic of former town manger, Seth Webb, Neisner focuses much of his lawsuit on Webb’s alleged shortcomings and inexperience.

“My ultimate goal,” says Neisner, “is to show that town officials have to be responsible and they have to take responsibility for their actions. And when they protect someone who is not qualified for the job, and continues to make mistakes, and all they do is defend it, that’s wrong.”

Neisner says that’s cost him and other taxpayers money.

"My ultimate goal, is to show that town officials have to be responsible and they have to take responsibility for their actions. And when they protect someone who is not qualified for the job, and continues to make mistakes, and all they do is defend it; that's wrong." — M.B. Neisner, long-time attorney and Killington Town Moderator

But Killington Select Board Chairperson Patty McGrath says Seth Webb was a very competent manager who approached the job differently than his predecessors -- something she says she and other select board members appreciated.

She says Webb notified the board in October that he was leaving after four years on the job for a new position in Woodstock. She says his departure had nothing to do with Neisner’s lawsuit.

Webb could not be reached for comment.

McGrath says Neisner had threatened to sue Webb a number of times, but she says she and others are perplexed by Neisner’s suit against the town.

“The entire lawsuit is wholly unmerited and illogical,” says McGrath. “His main complaint is about a town manager, whom he knew was leaving. And as you read in the complaint he also mentions other citizens and yet only he himself has really taken ownership of this.”

The lawsuit was originally filed in state civil court, but was moved to federal court because Neisner claims his due process rights under the federal and state constitutions were violated when the town did not turn over all the municipal documents he’d requested under the Freedom of Information Act. Neisner says he was angered when the town notified him that he would have to pay for many of the documents he was seeking.

"The entire lawsuit is wholly unmerited and illogical. His main complaint is about a town manager, whom he knew was leaving." — Killington Select Board Chairperson Patty McGrath

Patty McGrath, says the town did turn over large amounts of information to Neisner, to the best of its ability. But she says Neisner’s request was difficult to accommodate because it was so broad. “There was a volume of information he requested and when the town asked him in turn to narrow his scope he did not respond.”

McGrath adds that it’s troubling that someone who supposedly is so concerned about local taxpayers would force them to pay for a costly lawsuit.

Neisner has been living in Killington since 1978. A former traffic court judge, his law license was suspended from 2009 to 2011 after he was convicted on criminal charges for fleeing the scene of an accident and implying falsely that his wife had been behind the wheel.

3 comments

VPR

RightOnandon • 

In response to Ms. McGrath's statement "The entire lawsuit is wholly unmerited and illogical.His main complaint is about a town manager, whom he knew was leaving." Many of Neisner's stated complaints have been brewing in Killington since before she became a Selectman. The most controversial, which is not mentioned in the above article, is complaints of Webb's treatment and relationships with town employees. What Ms. McGrath needs to understand is in Killington's chosen form of government, while the Town Manager discharges the day to day operational and administrative duties, the Select board is ultimately responsible for whatever actions the Town Manager takes as they are his overseers. The Town Manager is their proxy.

Part of Neisner's motivation in this lawsuit is the fact that the Select board penned a letter to the Vermont Judiciary labeling Neisner's requests for public information from the town as harassment. That agency apparently found no merit in the Town's complaint and threw it out.

Before Webb was hired by the Select board they were advised not to hire Webb as he had no experience as a town manager, had poor people management skills and created a hostile work environment because of that.

Whatever skills and experience Webb lacked were apparently overridden by the then Select board's penchant for "Economic Development" as Webb was then EDT director and at a salary exceeding the Town Manager's. Once he was hired the town had to hire a "Road and Facilities Manager" because of Webb's lack of experience in those areas. Road and facilities management are the most basic of Town managerial duties. In fact in Vermont, the town manager is the de facto Road Commissioner.

So Neisner's complaint of incompetence as far these aspects are concerned are certainly not ill founded and the fact that the town had to pick up additional salary, on top of the highest Town Manager salary in Vermont, to buttress Webb's weaknesses speaks to fiscal mismanagement.

So while the nominal target of the suit is Webb, the Select Board is also complicit - in fact Chris Bianchi, senior serving Selectman is also named in the suit.

While I am of two minds regarding this suit, as it creates an unnecessary expense in legal fees and possible damages, Neisner's allegations need to be aired, the questions raised, answered, not summarily dismissed or swept under the rug.

StanRiskis •

Egos are difficult to contain in small towns. There's a difference between due process and witch hunt. Governments have every right to ask that data requests be manageable or to charge for the cost of providing them. And remember, Killington, you reap what you sow. You've continued to elect Neisner despite his actions and record.

Mary Gerdt •

Perhaps we need a due process hotline. It's too hard to sue a town. Why must individuals have to stand up against the local powers?

Killington responds to Neisner’s lawsuit

Killington responds to Neisner’s lawsuit

By Lola Duffort
STAFF WRITER | January 15,2016

The man suing the town over former Town Manager Seth Webb’s appointment is a “frustrated office seeker” who is “pursuing a personal vendetta” against Killington, the town argues in a court filing Wednesday.
In a motion asking a judge to dismiss Melvin B. Neisner Jr.’s lawsuit, the town argues the disgruntled Killington resident — and lawyer — makes “vague” and “rambling” allegations that do not pass muster.
Webb was appointed to the post of Town Manager in 2011 but stepped down at the end of last year for a position in the private sector. His last day as manager was Dec. 31.
Alleging a litany of misdeeds by Webb — including that he overcharged taxpayers, acted inappropriately toward employees, and misused town funds — Neisner filed suit in late December.
Neisner objected to Webb’s hiring at the time of his appointment, and even wrote to the town to offer himself as a replacement. Neisner has since said his offer was intended as a joke to signal his displeasure.
In a footnote, the town argues the personal nature of the suit is even illustrated by Neisner’s choices in serving the suit: Webb was served during a party celebrating his tenure in town, and Selectman Christopher Bianchi was served while at home with family over the holidays.
As to Neisner’s claim that his due-process rights “under the Federal and State constitutions” were violated when the town filed a complaint against him with the Professional Conduct Board and in their responses to his records requests, the town argues that Neisner was “afforded all the process that was due in both situations.”
The town is “at a loss” as to why Neisner believed his due process rights were violated when it lodged a complaint against him with the Professional Conduct Board for allegedly harassing the town and Webb, Killington’s lawyers state in the filing.
“The Board did not find that (Neisner) did not commit the specified actions or that his purpose in doing so was not harassment. Rather, the Board reasoned that in his dispute with the Town, he was acting on his behalf, as a resident of the town… Thus, the Board dismissed the complaint and closed its file on the matter,” the motion states. “Accordingly, the Plaintiff was afforded all the process that was due.”
As to Neisner’s claim that his due process rights were violated when Killington responded to requests for records, the town argues he had access to a recourse he never took advantage of.
“If Plaintiff Neisner truly believed that his right to records under Vermont’s Public Records Act had been violated, he could have filed suit under that statute… That he has chosen not to avail himself of that opportunity does not amount to a denial of due process of law,” the town states in its filing.
The town also argues Neisner’s complaints regarding culvert repair and road resurfacing in front of his property are negligence claims, which are barred under the doctrine of municipal immunity.
The town concludes its filing by arguing that Neisner’s suit is ultimately moot.
“Webb is gone from office. The Town cannot retroactively un-hire him nor turn back time so as to perform a more thorough search for a candidate of Plaintiff’s liking,” Killington’s lawyers argue.
Reached by phone Thursday afternoon, Neisner said that he would be filing a response to the town’s motion, but declined to comment further.
lola.duffort
@rutlandherald.com

Comment: I would like to hear more about "he acted inappropriately toward employees" as there's been a lot of scuttlebut in town about Webb's treatment and relationships with town employees. Also the fact that Webb was hired with no experience as a town manager could be construed as negligence and misuse of town funds as the Town had to hire additional managerial staff to assume certain Town Manager responsibilities which Webb wasn't conversant in. The fact that this additional manager was hired added a significant payroll increase on top of what was already the highest town manager salary in Vermont. So not only did the town not get what it needed in a Town Manager it had to pay a premium above and beyond Webb's record salary to complete the Town Manager function. So who is responsible for that fiasco (among other fiscal peccadilloes like the Visitors' Center and the so called beautification of Killington Road with plantings some of which did not even last through the end of the year).

I would be interested in seeing this play out if  for nothing else to highlight the goings on in town government during the last few years.

Vito 

Two restaurants debut in Killington

Rutland Herald

By Marcia Stoller
Correspondent | January 11,2016

 

Marcia Stoller Photo From left, Ron Viccari and his wife, Janet Viccari, their son Sean Milligan, and Erin Byrne, Collin Byrne and Dan “Fuzz” Byrne pose for a photo outside of Fuzzy’s Diner and Cafe and Outback Pizza in Killington.

Restaurateur Dan “Fuzz” Byrne and businessman Ron Viccari are partners in a newly-formed business venture, recently opening two restaurants in Killington.
Vicarro is the owner of the property housing the restaurants, Fuzzy’s Diner and Cafe and Outback Pizza, located on the Killington Access Road.
It’s a family affair at the recently opened restaurants. Co-owner and patriarch Dan Byrne, daughter and executive chef Erin Byrne, as well as son and general manager Collin Byrne, are the daily forces behind both of these family-owned and operated businesses.
“We were born and raised in the restaurant business,” said Erin Byrne.
Collin Byrne added, “Erin was always back of the house and I was front of the house.”
Collin Byrne will oversee management operations for both restaurants. Erin Byrne has the responsibility of menu planning, food purchasing, preparation and service for each restaurant’s kitchen. Both individuals left jobs in other states to return and form this family business. Outback Pizza is adjacent to Fuzzy’s Diner and Cafe.
Both establishments, Outback Pizza, which has retained that name through different owners, and Fuzzy’s (formerly called Wally’s), have long been established hot spots at the foot of Killington Resort.
Both restaurants have been renovated and updated, with a special emphasis on the transformation of Outback Pizza. Erin Byrne notes that the majority of interior work has been completed through the tireless efforts of staff from both restaurants working as a team to accomplish the set goals.
“The Outback is a repolished gem, literally rebuilt from floor to ceiling, wall to wall,” Collin Byrne said. “We have two wood-fired brick ovens, a full kitchen, and the interior has been designed for groups of friends and families. Tables in innovative seating areas feature wood from 100-year-old trees.”
Three bar areas at Outback include the Firehouse Bar and Zebra room. The extended menu includes pasta, salads, wood-fired steaks and the Monday night pizza buffet. Take-out and delivery, a kids menu, game area and catering services have been added to the extensive pizza menu.
Fuzzy’s Diner and Cafe menu extends from 7 a.m. through the dinner hours, with bar service from 8 a.m. to closing. All menu items, with the exception of dinner selections, are available throughout the day. This adds a unique niche to the Killington area, when, for example, a chickpea fritter with marinated cucumbers, beef yogurt and pita or a fried oyster slider can be ordered for breakfast at 7 a.m. or Vermont smoked chicken huevos rancheros can be enjoyed at 3 p.m.
Using numerous farm-to-table menu selections, Erin Byrne believes, “The whole point of my cooking style is that I would like to pay respect to the farmers, animals, and fish. I want to make sure everything we use is the best quality we can provide to our customers.”
A great majority of the food served is home-made daily in the kitchen, including french fries, onion rings, maple sausage, and wraps. Baked almond French toast fillings of scrambled eggs, house-made maple sausage, roasted eggplant, broccolini, or Vermont goat cheese.
Brunch/breakfast choices include omelets, soups and salads, burgers and sandwiches. Dinner options include a 16-ounce bone-in rib eye, seared Faroe Island salmon with stewed lentils, beet yogurt, roasted farm carrots and leeks.
Both Fuzzy’s Diner and Cafe and Outback Pizza are open seven days a week all year. Fuzzy’s is open from 7 a.m. to 9 p.m. on weekdays and open until 10 p.m. on weekends. Outback is open from 3 p.m. to 2 a.m. Telephone number for both restaurants is 422-3177. The address for both restaurants is 2841 Killington Access Road, Killington, VT 05751.

Killington, ex-manager facing lawsuit

Rutland Herald

By Lola Duffort
Staff Writer | January 09,2016

 

KILLINGTON — Former Town Manager Seth Webb received an unexpected farewell from town: a court summons.
A longtime critic of Webb has taken his case to court, suing the town for hiring Webb and keeping him on despite his alleged “shortcomings and inability” to manage the town.
Among other claims, Killington resident and town moderator Melvin B. Neisner Jr. alleges in his lawsuit that Webb misappropriated town funds earmarked for certain purposes, fraudulently charged taxpayers, over-relied on third-party consultants and failed to appropriately budget for a sewer bond.
Webb began his tenure as town manager in August 2011 after serving as Killington’s economic development and tourism director. He announced he was stepping down for a post with a private consulting firm in October. His last day as town manager was Dec. 31.
Select Board Chairwoman Patty McGrath called the lawsuit “wholly without merit and without logic” and said the town planned to “defend itself vigorously.”
First filed in Rutland civil court Dec. 22, Killington moved the case to federal court because one of Neisner’s claims regarded his due process rights under the federal and state constitutions, according to filings.
Neisner claims in his suit the Select Board and Webb violated due process “by refusing to provide requested materials that would have shown their misdeeds except upon payment of thousands of dollars to supply them and refusing to provide materials requested under the ruse that the materials were personal to Seth Webb.”
McGrath would not comment further on the lawsuit’s allegations, but did say Webb had done a “very good job as town manager.”
“He brought us forward, and he brought us many opportunities. I enjoyed working with Seth, and he will be missed,” she said. “His energy and his commitment were very strong.”
Neisner accuses Webb of fostering low morale among employees, who had a “lack of respect for him at all levels.”
According to Neisner’s brief, Webb’s behavior allegedly included “shouting, use of foul language, unwanted advances towards employee(s) through comments, belittling of employees due to his lack of experience prior to being hired with hiring (sic), firings and employee relations and management experience.”
Some of Neisner’s complaints are closer to home. He argues in his complaint that the town damaged his property when they installed nearby culverts and raised the shoulder on the road in front of his property, and filed a “false and fraudulent” complaint against him with the Professional Conduct Board.
A former traffic court judge and Killington lawyer, Neisner is representing himself.
His license to practice law was suspended for two years, from 2009 to 2011, after being convicted on criminal charges after he fled the scene of an accident and implied to police his wife had been behind the wheel.
Reached by phone Friday morning, Neisner said he had little time to speak before meeting clients.
Neisner wrote to the Select Board to offer himself as a replacement to Webb in 2011, but on Friday said the letter had been in jest.
“The letter was tongue in cheek, just to show that the person they chose was not the right person,” he said.
“I have never had any desire” to hold the post, Neisner said, adding that he “would never work for Chris Bianchi.”
He declined to elaborate further except to say that Bianchi had been on the Select Board for the length of Webb’s tenure, and then insisted he had to leave for a meeting.
According to court filings, Neisner seeks legal fees, a permanent injunction against Killington using “restricted funds for daily activities and to balance its cash shortfalls,” and an injunction “against the Town charging Plaintiff and all other bond payers for the sewer line any additional taxes due to the shortfall in funds to pay off the sewer bond due to the incompetency of the Board and the Town Manager.”
He also asks the court to compel the town to refund all Killington taxpayers, including himself, “a fair sum for the waste and misused funds with interest.”
lola.duffort @rutlandherald.com

Man dies trapped under vehicle

Rutland Herald

January 07,2016

 

KILLINGTON — Police said a man died when a car fell on him off East Mountain Road Tuesday.
Killington Police Chief Whit Montgomery said he did not believe the man’s next of kin had been notified as of Wednesday afternoon, so he was unsure when the name could be released.
“It appears someone was doing some work underneath their vehicle and the jack failed in some way,” Montgomery said.