To get out of debt, Killington could see significant tax hike

Mountain Times
December 26, 2018

By Katy Savage
KILLINGTON— The town could see a significant tax increase in the future.
Town Manager Chet Hagenbarth said the town has accumulated about $2.2 million worth of debt, coming partly from about $588,000 of unfunded expenses from Tropical Storm Irene, and about $286,000 in golf course debt along with $250,000 in a repayment to FEMA.
Hagenbarth also expects about $14 million of future expenses, including the construction of a new $4 million public safety building, about $1.2 million in golf course upgrades, $3 million in recreation expenses and $7 million in road work.
“I don’t want to scare everybody,” Hagenbarth said. “There are significant projects that are going to have to happen. These are things that we are going to have to address.”
Hagenbarth presented options for borrowing money at a meeting Monday, Dec. 17. He projected tax implications for the next 10 years under different loan scenarios.
“Should we go borrow the money now while the money is cheap?” Hagenbarth asked.
Hagenbarth plans show taxes would see the largest increase in fiscal year 2021—the year loan payments would begin.
If the town borrowed money as needed, the current .40 tax rate per $100 of assessed property value would jump to .46 next year and to .51 in 2021. If the town borrowed money to pay for the projects up front and paid it back over 15 years, taxes would jump to .46 next year and then to .62 in 2021. If the town borrowed money up front and paid some of it back over 15 years and some of it back over 30 years, taxes would be .46 next year, then .62 in 2021.
A .46 tax rate would increase a resident’s property taxes on a $150,000 house by $148 while a .63 tax increase  would increase taxes about $325 for the owner of a $150,000 home.
After years of fluctuating tax rates, Hagenbarth wants to put the town on a sustainable path moving forward.
“We’re trying to account for all the things we have to account for,” Hagenbarth said.
Hagenbarth said the town could earn interest on money it borrowed early.
The Select Board also considered bringing back the 1 percent sales option tax to offset costs. The option tax was established in October in 2008 and rescinded in 2017.
“We really don’t want to kick the can anymore,” Select Board chair Steve Finneron told the audience. “On the front end it looks oppressive but it’s not. Everything that he’s presented—the town’s going to end up paying for it.”
The Select Board has not yet decided on a budget to send to voters on Town Meeting Day.
“It doesn’t seem to me completely exorbitant,” said resident Roger Rivera. “We have to get it done. Whatever way the voters approve it, I’m good with it.”
Some questioned if voters would support a budget with a size-able tax increase. Select Board member Jim Haff said it was up to voters to decide.
“It doesn’t matter, that’s what a vote is,” he said.

1 Comment

Norman C Holcomb

December 28, 2018 1:10:15 pm

 

So, what has happened to pay as you go? Borrowing always is more expensive.
$7 million in road improvements?? Why borrow??
$1.2 million in golf course improvements? Has a reserve fund been built? Why not?

Reply: Your comment is awaiting moderation.


Vito Rasenas
December 31, 2018 7:38:41 am

Because we were too busy spending 6 million on hay bales and assorted other quixotic fantasies.

Killington town seeks to limit vacation rentals

Mountain Times

December 18, 2018

By Katy Savage

A Killington vacation homeowner may need an Act 250 permit to continue renting his home.

Act 250 District Coordinator William Burke said the three-bedroom home on Estabrook Road has “potential for significant adverse impacts under Act 250 criteria” in a Dec. 13, 2018 opinion letter.

Homeowner Vincent Connolly has caused contention for renting his home out to 36 people or more through the website, Vacation Rentals By Owner (VRBO), despite water supply and wastewater systems that were approved for only a three bedroom home.

Burke cited wastewater, traffic and aesthetic concerns in his opinion letter.

Connolly’s home is in the Cricket Hill community, which carries a convenance established in 1972, saying “single private dwellings shall not be used for commercial purposes.”

Connolly’s neighbors have expressed concern about noise and wastewater overflowing into their yard.

Connolly, who has owned his home since 2005, is facing appeals at the town and state level.

Connolly received his first zoning violation notice from the town in October. Town Zoning Administrator Dick Horner said at the time that Connolly’s rental home far exceeds the town’s two people per bedroom capacity.

Connolly appealed the violation and the Zoning Board of Adjustment held a 4-hour public hearing Nov. 7, ultimately determining the appeal lacked merit.

Since then, Horner issued another violation to Connolly Nov. 21 for changing use of his single family dwelling into a commercial facility without seeking a zoning permit first. 

Connolly appealed that decision again Dec. 4. The Zoning Board of Adjustment will hold another hearing Jan. 17 at 6 p.m.

“I’m assuming we’re going to go to the environmental court with both violations,” Connolly said.

Connolly was looking forward to explaining his case before the state’s environmental court.

“We have done nothing to the exterior of the house to trigger Act 250,” he said. “Now we just need to get in front of a judge.”

Connolly and his lawyer have argued his home is grandfathered. Connolly, who lives in Colorado, purchased his home in Killington and started renting it in 2005. The zoning bylaws changed, limiting bedroom capacity, in 2006.

The Vermont Division of Fire Safety classifies the home as a hotel because of its sizable sleeping capacity. Connolly has stacked double-size bunk beds into the home’s existing bedrooms.

The more people Connolly’s home can sleep, the more money he can get on VRBO.

This isn’t the first time one of Connolly’s properties has been in contention.

Connolly received a zoning violation in Morristown in 2017 for a three-bedroom home he owns and rents there to 20 people at times.

Connolly appeared before the Morristown Planning Council after he received the violation for exceeding the town’s three-bedroom, six person capacity for short term rentals.

The town changed the zoning bylaws to work with Connolly.

“The select board wants those vacationers in town. They spend money here,” said Morristown Town Administrator and Planning Director Todd Thomas.

However, the Killington Select Board sees it differently.

The board is considering an ordinance to limit vacation rentals in Killington. “Our attorney is giving us some direction,” said Town Manager Chet Hagenbarth. “We’re getting more and more reports of people renting to many people.”

If the town pursued an ordinance, it would apply to all like properties. It is considering making the zoning language more specific, so that different rules could apply to different districts within the town. The Board will take this up again after the budget has been finalized.

Killington looking to keep $259,000 in FEMA funds

Rutland Herald

• By Keith Whitcomb Jr. Staff Writer
• 15 hrs ago
• Saturday, December 15, 2018

KILLINGTON — The town will try to hang on to a $259,000 payment the federal government made for bridge repairs after Tropical Storm Irene.
The Select Board met Dec. 3 for a regular meeting in which the board discussed issues with Federal Emergency Management Agency (FEMA) over repairs made to Stage Road and Ravine Road related damage caused by Tropical Storm Irene in 2011.
“We received a response from the FEMA appeal which is the first appeal of the withdrawing of the appropriation we received for the two bridges on Stage Road and Ravine Road,” said Town Manager Chet Hagenbarth at the meeting. “Last winter, after we appealed to Washington to get more money, the local office found that they had a loophole in the approval originally and asked for the $259,000 back.”

He said the FEMA decision was appealed in the beginning of April. The agency denied it, Hagenbarth said.
He added that the town has one more appeal option left. It can appeal directly to the FEMA office in Washington D.C. and lean on Vermont’s Congressional delegation to help it do so. He suggested the town seek out Mel Adams who served as Killington’s FEMA coordinator during the recovery period from Irene.
Hagenbarth said the appeal would likely cost the town between $5,000 and $8,000.
“… I’d rather go for the appeal at this point even if it does cost us $5,000 to $8,000,” Selectwoman Patty McGrath said. “I do believe with Mel’s help we have a better chance of retaining those funds.”
Hagenbarth said the town has 60 days — starting about a week prior to the Dec. 3 meeting — to file the appeal.
“It’s, let’s say $5,000 to $10,000, to get $259,000 not to leave our budget,” said Selectman Jim Haff. “We’re already in this far, it’s a no-brainer.”
Hagenbarth said he agreed and was simply looking for direction from the board. He said state officials he’s spoken to have put the odds of the town’s success in this matter at 20 percent.

“For anyone who’s not familiar with this, we’re not asking for more money, we’re asking to keep the money that was given to us to do repairs after Irene,” Selectboard Chairman Stephen Finneron said. “FEMA is asking us to pay back this money. This is what the appeal is, so we’d keep the money; we’re not asking for more, we just want to keep what they gave us.”
Haff added that the town should contact Vermont senators Patrick Leahy and Bernie Sanders as well as Killington’s state Rep. Jim Harrison for assistance with the FEMA appeal.
keith.whitcomb
@rutlandherald.com

Killington looks to regulate rentals

Rutland Herald

Thursday, December 13, 2018

• By Keith Whitcomb Jr. Staff Writer
• 19 hrs ago

KILLINGTON — The town is researching a possible rental property registration program aimed at handling rentals that go through sites like Airbnb.
The Select Board talked about the program at its Dec. 3 meeting, directing Town Manager Chet Hagenbarth to further research the proposal.
Hagenbarth said Wednesday the town has had some issues with people renting out residential properties to scores of people, advertising the rentals on websites and apps like Airbnb and Vacation Rentals By Owner (VRBO).

According to Hagenbarth, the town’s zoning bylaws limit residential occupancy to two people per bedroom. Some properties are being listed on rental sites advertising that they can hold far more than the two-person-per-bedroom limit.
Hagenbarth said the town has had zoning-related issues with these properties. At least one involved an overloaded septic system.
Hagenbarth said it’s not clear yet what form the new program will take, be it an ordinance or a registration program.
“It will be specific to the issue we’re dealing with,” he said.
At the Dec. 3 meeting, Hagenbarth told the board he’s run the proposal by the town’s attorney, Kevin Brown, who said the town has the authority to create such a program but would need to adjust some of the draft language.

Hagenbarth said Wednesday that he’s in the process of getting more information by looking at what other towns have done since the issue has come up in other places.
Selectwoman Patty McGrath said at the meeting the program isn’t being sought to punish any one person, but is being done so that all will be treated evenly. She said these rental operations need to be held to the same standards.
The town was recently in a dispute with a property owner on Estabrook Road who is advertising with VRBO a home with between four and five beds that would sleep 28. Town bylaws only allow two people per bed. The home, at the time, was permitted with three bedrooms. Zoning Administrator Richard Horner issued a notice of violation to the owner, who appealed it, only to have the appeal ultimately denied by the Zoning Board of Adjustment.
Hagenbarth said if the new program is created it would likely apply to all rental properties. He said the main concern is septic systems being overloaded at these residential homes being run as if they were commercial hotels. He said commercial operations are already regulated.
keith.whitcomb @rutlandherald.com

District-wide school board meeting in Killington

Notice from Jennifer Innantuoni:

I am writing to let you know that for the first time ever (at least in the 14 years that I have been on the school board!), we are having a district-wide school board meeting in Killington. It will be held at the Killington Elementary School at 6pm on Monday, December 10th. Our meetings are traditionally held at the SU office located on the grounds of the MSHS in Woodstock. We decided this year, now that we are a merged board representing seven towns, that we would move the meetings to the member towns - and this is our chance in Killington. I invite you to come see how our meeting run and to give your input on the important issues that we are discussing. I hope to see some local faces on Monday night! Please spread the word!
Thank you, Jennifer (Iannantuoni) Chair KES Board

Designs for a new Killington Public Safety Building are nearly finalized

Mountain Times

December 5, 2018

Plans await cost estimates in advance of a Town Meeting Day vote

By Polly Mikula

The town of Killington has preliminary designs for a new public safety building. Plans call for a multipurpose 15,260-square-foot building to house the volunteer fire department, search and rescue, and town police department. The plans have six bays for firetrucks in the front of the building and two in the rear for light rescue and police, a hose tower, a DUI holding cell, lockers, offices and a public meeting room.

The building will be located off Killington Road on a four-acre lot just southeast of Woods Road, across from Peppino’s and the Mountain Sports Inn.  Voters approved the land purchase for a public safety building last year and the town has been working on designs for that site, since. The plans are expected to come in under $4 million. Town Manager Chet Hagenbarth said he expects to have a solid number for citizens to vote on at Town Meeting Day, March 5, 2019.

If voters approve the bond to build a public safety building, construction would likely be in the summer 2020, due to scheduling the new bond payments to begin after other current debts are set to retire, Hagenbarth said.

“The goal is to keep the debt service flat,” he explained.

The designs for the public safety building have been led by the Fire Department Facility Review Committee, a group of citizen volunteers who were originally tasked with weighing options for the town when the current fire department building was found to be in violation of state code in 2013.

Citizens on the committee include: Steve Finneron (chair), Otto Iannantuoni, Vito Rasenas, Andrew Salamon and Richard Kropp.

After deciding that fixing the current fire house was not in the town’s best interest (due to high costs and compromises), the committee began searching for alternatives – beginning with a new site.

After vetting 13 properties, the committee put the 4-acre site to a public vote. The 30-year, $634,000 bond to secure that land passed 102 to 84 on Sept. 5, 2017.

Included in that bond was the purchase of the 4-acre parcel for $525,000; civil engineering designs for $21,500; and fees for schematic architectural design and construction estimate for $87,500.

Since then, the committee has been working on a future building design.

“It’s been a tedious process, but very educational,” said Finneron, who is the chair of the Fire Department Facility Review Committee and the chair of the Select Board. “Who knew that you had to have a specific drain in the holding cell so that folks couldn’t flush narcotics, for example … or that the slope of the floor in a fire station ought to be a specific angle so that the floor stays dry … there are so many particulars that make big differences,” he said.

The Fire Department Facility Review Committee frequently consults with the Killington Fire Department, Killington Police and Killington Search and Rescue to ensure that the design specifics meet their needs, Finneron said. It also has hired DEW Company as the construction manager to oversee the bidding process and (eventually) the buildout of each part of the construction process, should voters approve the building plans on Town Meeting Day. Additionally, the committee hired Northeast Collaborative Architects (NCA) as the design firm, which has worked on many similar municipal buildings and has given the committee multiple options to solve identified needs.

The public safety building does not trigger an Act 250 hearing as the project is under 10 acres, Finneron noted.

The site and the preliminary design will allow the town to expand the building for future uses, as they arise in the future, Hagenbarth said. “The design is intentionally expandable, unlike pre-engineered buildings which do not allow for future changes,” he said. “We must evaluate costs for the best value over time. If we focus too much on saving pennies now, it will cost us dollars later.”

“This building will be part of the town for 50-60 years,” added Finneron. “We need it to be able to grow and change with the town’s needs …  We need to consider the cost of maintenance over time,” he said.

Finneron and Hagenbarth both said they hope all public safety services could be consolidated in the new public safety building, including an underground cistern for the fire station. However, “all options are on the table” Finneron said.

The current fire station could continue to serve some functions, particularly if obstacles are found that limit possibilities, such as a cistern, at the new site.

“The preliminary plans are now mostly finished,” said Finneron. “Now we’re just tweaking a few details and working on the right materials to use.”

“We’re also at a stage where we’d love more community input,” he said. “What can you bring to the table? Do you have ideas or solutions we’re not thinking about? If so, come to our meetings!” Finneron said.

The Fire Department Facility Review Committee will be presenting the preliminary design to the Planning Commission to ensure compliance with local zoning regulations on Dec. 12. Visit killingtontown.com for the date and location of the next review committee meeting .

Courtesy NCA
An illustrated concept of the front of the proposed Killington Public Safety building. The multiuse building is designed to house the volunteer fire department, search and rescue and town police department with room for expansion. Voters will be asked to approve the plans in March.

ZBA denies man's appeal on rental property

Rutland Herald 
By Keith Whitcomb Jr. Staff Writer
 Nov 9, 2018

KILLINGTON — Unless he appeals to a higher authority, a Morrisville man accused by town officials of breaking zoning laws by renting out a house he owns to dozens of people will have to stop doing so or face fines.
Zoning Administrator Richard Horner said Friday the Zoning Board of Adjustment voted unanimously Wednesday to deny an appeal by Vincent Connolly, owner of property at 287 Estabrook Road.
Connolly appealed a notice of violation sent to him by Horner in August.
Connolly currently has 287 Estabrook Road listed on the website Vacation Rentals by Owner (www.vrbo.com). Dubbed the “Killington Mountain House,” the web page lists the place as a 4,000-square-foot building with four bedrooms “with an additional petite office area as 5th bedroom” that sleeps 28 people.
According to Horner’s notice of violation, the home is permitted as a three-bedroom residence with a maximum occupancy of six people. The notice gave Connolly seven days from the day he received it to stop advertising 287 Estabrook Road as sleeping more than six people, and to stop renting it out to groups larger than that. As of Friday, the property was still advertised on the website as having space for 28.
Connolly’s appeal hearing was held Oct. 17, but attorney Patrick Burke, who represents a group of Connolly’s Estabrook neighbors, argued that the appeal was filed outside the 15-day window it was allowed in. After a long discussion, the Zoning Board of Adjustment opted to pause the meeting until a later date, giving it time to consult with its attorney.
That meeting was held Wednesday. Horner said it drew a similarly large crowd. The town’s attorney, he said, advised to leave the issue of the appeal’s timing alone and to proceed with the hearing. Horner said Connolly talked about the property, the number of rooms and beds, and the Zoning Board of Adjustment made its decision.
Horner said the ZBA now has to put its decision in writing. It has 45 days from Wednesday to do so. Connolly will have 30 days after he received it to appeal the decision to the state Environmental Court if he so chooses.
According to Horner, the penalty for continuing to be in violation of zoning ordinances is $200 per day.
Connolly didn’t return a call seeking comment on Friday, however his attorney, Jon Anderson, of Burlington, did. Anderson said he couldn’t speak to the merits of his client’s case, nor could he speak for others. He said he doesn’t know if Connolly will appeal the ZBA decision or not.
keith.whitcomb
@rutlandherald.com

Too big to rent? Public hearing on VRBOs postponed

Mountain Times

October 24, 2018

By Katy Savage

A public hearing before the Killington Development Review Board about a Killington rental home was called off moments after it started Oct. 17.

Attorney Pat Burke, who represented several property owners in the Cricket Hill Community at the meeting, argued the Wednesday night meeting held no merit because the owners of the vacation rental missed the 15-day deadline to file an appeal after receiving a zoning violation notice from Zoning Administrator Dick Horner.

Horner issued the notice to Vincent Connolly on Aug. 2, explaining his three-bedroom home on Estabrook Road, which he rents to up to 28 people, is not compliant with town zoning bylaws. The bylaws only allow two-people per bedroom in residential areas.

Connolly, who was traveling at the time, didn’t receive the notice, he said. Horner reissued the notice Aug. 24. The appeal was filed Sept. 7.

The Development Review Board voted to move the public hearing to Nov. 7 at 6 p.m., so the town’s attorney Kevin Brown of Langrock, Sperry and Wool could prove guidance to the board about Burke’s arguments.

Burke further argued Connolly’s appeal failed to include the address, the full name of the property owner and property description—necessary components of zoning violation appeals. 

“It didn’t inform any of us what the appeal was,” said Burke in a later interview.

Connolly purchased his home in 2005 as a vacation spot for his friends before he started renting it to groups on the rental website, Vacation Rentals By Owner (VRBO). The home has enough beds for 19 people, though Connolly allows up to 28 people to stay there, he said.

The violation was issued after Whit Montgomery, who lives next door to Connolly, complained of noise from the vacationers. He also expressed concern about Connolly’s septic system overflowing with so many people in the home. Montgomery brought his concerns to a Select Board meeting in September.

“As an abutting landowner, I’m concerned for my well,” Montgomery said in a phone interview. “It’s not just my [concern] it’s the whole neighborhoods’.”

Montgomery, who works as the police chief in Killington, said he may also rent his four-bedroom home to vacationers to help pay taxes.

“I have zero issue with people renting their houses,” Whit Montgomery clarified. “This is not about that, it’s about capacity and local ordinance. We live in a residential area, but now it’s like there’s a commercial hotel on the block.”

Connolly argued after the meeting on Wednesday that his property is no different from the many other vacation rentals in Killington. In 2015, Connolly paid about $60,000 for a new sprinkler system so he could comply with the Vermont Department of Public Safety in allowing 28 people to stay there safely. He’s also gotten the O.K. from the state for his septic and water systems, he said.

However, the home still does not comply with town zoning bylaws, said Horner.

“He turned [the home] into a hotel in a residential district,” said Horner. “He has a three-bedroom and he’s renting it out to, at times, 32 people. That’s not appropriate in a residential neighborhood.”

Horner said he would look at future zoning violations on a “case by case basis.”

Connolly feels his case represents the “silent majority,” who would also be in violation of the two-people-per-bedroom restriction, should the town apply that standard universally – which is the only way a townwide ordinance should be applied, he said. Others won’t speak out for fear of also being targeted with a violation, he added.

Killington is the highest-grossing short-term rental area in the state, according to AirBnb, another popular rental site.

Connolly could appeal to the state’s environmental court depending on results of the Development Review Board meeting, Nov. 7.

About 30 people attended the meeting on Wednesday in anticipation of speaking.

“I’m disappointed we couldn’t get to the actual resolution of the argument and have some finality to it,” Horner said after the Oct. 17 meeting was postponed.

Killington sees a boom in bikes, as does the county

Rutland Herald
Friday, October 5, 2018
By Keith Whitcomb Jr. Staff Writer

KILLINGTON — Five years after it began beefing up its bicycling infrastructure, Killington Ski Resort is seeing a boom in the number of cyclists visiting its trails, and it’s affecting the surrounding area.
At the end of last year’s cycling season, the mountain saw 23,000 bikers on its trails. With three weeks left to go in this year’s season, it’s already seen 30,000, said Ben Colona, mountain bike program manager at Killington.
For perspective, four years ago the resort only saw 2,000 cyclists, he said. Two years ago, there were 12,000, and that number nearly doubled last year. Next year, the resort is projecting even more cycling visitors.

Ultimately, the resort wants to see 70,000 cyclists per year, or about 10 percent of what it sees in skiers during the winter months, he said.
What changed? According to Colona, Killington connected with Gravity Logistics, the company that helped build Whistler Mountain Bike Park in Whistler, British Columbia, Canada, a world-renowned biking area.
“They gave us a business plan, which we essentially followed to the letter,” Colona said.
During the past four or five years, Killington has added two chair lifts to its mountain biking trails and increased the number of beginner and intermediate trails, opening the activity up to a wider range of people, he said.
“We were able to get a lot more people into the sport,” he said.
Mountain biking has a reputation as an extreme sport, Colona said, and it certainly can be, however, there’s now plenty of options for beginners at Killington. The resort has invested heavily in more women’s bikes, repair services, and cycling-related retail. All told, Colona thinks $5 million has been invested over a five-year period.
“We feel like it’s going in the right direction,” he said.
Five years ago, there were eight people working in the resort’s bike shop, he said. Now there are 25. While many are seasonal, some change roles for the winter months.
Cross-country bikers aren’t without options, either, he said. The Killington Mountain Bike Club (of which Colona is president) and the town of Killington have used state grant money to build 4 miles of cross-country trails. These groups aren’t officially linked to the resort, but everyone connected to cycling in the area tries to work in concert.
Local bike shops are seeing the results of the boom, says Michael Boisvert, bike shop supervisor at Basin Sports, located at 2886 Killington Road. He’s been an employee at Basin Sports for 15 years and managing the bike shop for two. “Besides the obvious increase in traffic, we’re seeing an increase in kids bicycling,” he said. “Because of the new trails they put in up there, more people can get into it.”
Before Killington added the beginner and intermediate mountain biking trails, its cycling options were somewhat daunting, even for those with experience, he said.
Boisvert noticed the increased popularity of cycling in the area three years ago.
“Now we’re definitely the most popular area in the northeast,” he said.
The Basin Sports bike shop was once seasonal, but last year decided to operate year-round, Boisvert said. It’s had to double the number of bike mechanics it employs — it’s now up to four — and expects to hire one more next year.
The boom in Killington is being felt across Rutland County, according to Shelley Lutz, volunteer at Rutland City’s Pine Hill Park and Rutland Recreation and Parks Department. Lutz said Slate Valley Trails and Sherburne Trails are all seeing increased cycling activity. She believes families go to Killington where some members like the more intense downhill cycling experience, then they travel a bit for cross country.
“It’s exploding,” she said. “We are seeing an increase in people using (Pine Hill) park.”

Man gets 30 months for fatal Killington crash

 Rutland Herald
 October 2, 2018

• By Patrick Mcardle Staff Writer

Stephen Driscoll in Rutland criminal court on Monday.
Patrick McArdle / Staff Photo

 

A New Hampshire man will spend at least two and a half years in prison after admitting on Monday to the drunk driving crash in 2017 that killed his friend who was a passenger in his car.

Stephen Driscoll, 27, of Bedford, New Hampshire, pleaded guilty in Rutland criminal court to three misdemeanor charges: negligent driving that resulted in a death, driving under the influence of alcohol and reckless endangerment.

When Driscoll’s car crashed on March 18, 2017, his passenger, Alejandro Phoenix, 30, of Rockland, Massachusetts, was killed.

During the hearing, Driscoll read from a letter he had written to Phoenix’s family.

“Eight years ago, I was brought into a group of friends that became my family and Alejandro was a part of that family. A night that was supposed to be filled with laughter and celebration ended in tragedy for so many and for that I am truly and wholeheartedly sorry,” he said.

For the first two charges, Judge Samuel Hoar sentenced Driscoll to 23 to 24 months. Both of those sentences will be served at the same time. The sentence of seven to eight months for reckless endangerment will be served after the other two, making the overall sentence 30 to 32 months.

A fourth charge, driving under the influence of alcohol with death resulting, which is a felony, was dismissed by the state under the plea agreement Driscoll entered on Monday.

Explaining the basis for the charges on Monday, Rutland County Deputy State’s Attorney Ian Sullivan said Driscoll and some friends were visiting Killington on March 18, 2017.

The group of friends had rented a taxi to take them to and from a bar they visited but after arriving back at the house they were renting, Driscoll and Phoenix got into Driscoll’s Ford Focus.

Sullivan said they didn’t drive far before the car went off Tanglewood Drive and into a tree. Driscoll suffered minor injuries but Phoenix suffered significant head injuries and died on the scene.

Asking Hoar to accept the plea agreement, Sullivan said the state appreciated the foresight shown by Driscoll and his friends in arranging transportation to and from the bar they visited in March 2017.

“Unfortunately, tragically, after having drank, after having returned to the house, that same level of awareness of foresight wasn’t present and it did have fatal consequences,” he said.

Attorney George Ostler, who represented Driscoll, called his client an “outstanding young man.”

“To have a young man with his background, with his future, accept, as part of his responsibility, to be in prison for 30 months, that’s really taking responsibility for your conduct,” he said.

Before accepting the plea agreement, Hoar said Driscoll was suffering a “hefty punishment” but he said he hoped it would send a “powerful message” about responsibility.

“The mark of a person, the mark of a man, is how he or she responds to a mistake. We all make mistakes and we all hope that the mistakes we make don’t have the kind of tragic consequences as the mistake you made on March 18, 2017,” he said.

When a person is being convicted of a serious charge, a pre-sentence investigation, conducted by the Vermont Department of Corrections, is ordered by the judge before the sentence is finalized but on Monday, Driscoll’s change of plea was accompanied by an agreement and a sentencing memorandum prepared by Driscoll.

Driscoll, who has no previous criminal history, was released on Monday but ordered to report to the Rutland jail on Oct. 29 to begin serving his sentence.

patrick.mcardle

@rutlandherald.com

Killington turns down solar power agreement

August 29, 2018

Mountain Times

By Julia Purdy
KILLINGTON—The long-awaited power purchase agreement with AllEarth Solar of Williston was scuttled on a 2-1 vote at the Killington Select Board meeting Aug. 20. Board members Steve Finneron and Jim Haff voted against; Patty McGrath voted for. Finneron said he thinks there should be a more comprehensive plan.
Two months of discussion raised many questions and Apex Solar representative Bob Vittengl was on hand to field them. Even though Town Manager Chet Hagenbarth made a sustained argument for the fiscal advantages to the town, the PPA got a thumbs-down at the Monday meeting.
It seemed there were more reasons to reject the plan than to accept it.
The PPA’s broad outline offered a 10 or 20-year lease-purchase option for 18 solar trackers – post-mounted panels that rotate to follow the sun – to power Killington’s municipal buildings only, which would be located in sets of three near the town hall, the town garage, and the old and new library buildings. The town would pay no up-front costs but would make a fixed monthly payment for five years for a specified amount of energy, with reimbursements to the town in year 6 in the case of underproduction of power, or payments collected from the town in the case of overproduction.
The public attending on Aug. 20 registered negative opinions that centered on aesthetics and safety concerns. Gerrie Russell and Andy Salamon both objected to the site near the library, saying that children playing outdoors could interfere with the trackers by climbing on them, especially since Hagenbarth stated that fencing them off was not in the plan.
Salamon also raised a concern about titanium oxide and aluminum oxide being shed from the glass and entering runoff, endangering aquatic life as well as humans. Not enough is known, so the World Health Organization has advised not to use metal oxides in certain applications, Salamon said.
Salamon and Mike Miller reinforced each other’s opinions that future technology will produce better, less obtrusive and more effective solar harvesting, thus making trackers obsolete. Salamon mentioned that a new house paint is being developed that will turn an entire building into a solar receptor.
Questions, expressed courteously but with some obvious skepticism, raised the issues of snow cover, the closest panel height to the ground, tree removal and visual impact.
Beyond such technical details as solar access, azimuth, RECs and offsets, several who spoke – while they did not reject solar energy in principle – expressed disapproval of the aesthetic impact of trackers in such a prominent location. Board member Jim Haff said that, among his constituency, “A lot of people like the idea of solar but don’t like the idea of seeing trackers on River Road.”
Mike Miller deplored the growing loss of attractive landscapes, farmland and habitats along Route 7 and elsewhere.
Gerrie Russell questioned siting trackers at the library, saying it’s “one of the prettiest spots in town” and “ugly solar panels will spoil the view.”
The solar power contract had been investigated by the previous Select Board, which included Patty McGrath, Chris Bianchi and Ken Lee, who was replaced by Steve Finneron in October. That Select Board had approved the project to move forward.
This year there was a note of urgency to sign the contract in time to start producing power before the contract’s “hard timeline” of December. At the July 16 meeting, Hagenbarth had asked if the board signed on Aug. 6, when would Apex put the units in?
“We can fast-track it,” Vittengl said.
At the Aug. 6 meeting, however, no vote was taken to sign the contract. Select Board member Jim Haff scrutinized the details and found them unconvincing. He voiced several concerns, ranging from the cost per kWh to the town to the actual net metering rate. The town would be charged $2,500 per month for 175,000 kWh per year, for 5 years. But what if it used less? Haff asked. He wanted to know what the KWh figure was based on. “Did they come here and take the readings at each spot?” he asked.
“I will agree to sign the contract if we can pay for what it actually produces, not a made-up number,” he stated.
Vittengl responded to Haff’s concern by explaining that usage could not be micromanaged due to fluctuations in conditions between Summer Solstice and December. He said he could produce some figures.
Board member Patty McGrath acknowledged Haff’s reservations but saw a long-term benefit with very low risk. “Basically we are prepaying for the power,” she said.
Hagenbarth was candid: the initial investment is “a little more painful” when not much power is generated late in the season, but it would even out over time, he explained. The discussion then turned to aesthetics and the risks of damage by children.
Haff said he was hearing from his constituents, who were objecting to placement near the old town library and alongside River Road.
On July 16, the board members had met with Bob Vittengl for a site visit to the 18 proposed tracker locations: three behind the town office, three in the apple orchard behind the soccer net, a row of three along the brook by the new library, and three each in the areas of the old library, the town garage and the transfer station. Vittengl described the units as identical to those at the Skyeship gondola on Route 4.
McGrath said she would be more concerned about damage by “exuberant children” than the appearance of tracking panels and expressed discouragement with the information provided to Haff, but she reiterated that further delays could end the project.
On Aug. 6, after continued discussion, chair Steve Finneron declared they were short on information and proposed to put together list of unresolved questions for Vittengl, to be discussed at the Aug. 20 meeting.
On Aug. 20, Finneron read from Vittengl’s reply to board concerns. Certain trees would be removed, and an on-site handheld computer that calculates for the solstices and the equinoxes had been used. Average solar access in November to April is 88 percent, the report said, a figure that seemed high to Steve Finneron.

MB Neisner

We will be having a celebration of life for MB Neisner, Jr. on August 21st 4-6pm at Mountain Meadows Lodge.

Instead of a time for mourning, this is a time to celebrate and cherish the joy MB brought to our family & community.

In lieu of flowers, we ask that donations are made to the Cholangiocarcinoma Foundation & the Jack Byrne Center for Palliative & Hospice Care.

GOP voters oust Soucy from Senate

Gordon Dritschilo | August 14, 2018

By GORDON DRITSCHILO
Staff Writer

Sen. Brian Collamore, left, and James McNeil were the top vote-getters in the Republican primary race for Vermont Senate.

One Rutland County incumbent could still be heading back to the State Senate, but it appeared clear Tuesday that another would not.
As of 11 p.m., 28 of 31 districts had reported in and Sen. David Soucy, R-Rutland, was last among the five Republican candidates for the three seats in the primary. Soucy, 61, has served a single year in the Senate, having been appointed to finish Kevin Mullin’s term after Mullin stepped down last year to take over the Green Mountain Care Board.
“I don’t know,” Soucy said when asked what he thought happened. “I think the voters of Rutland County are more familiar with their names and thought (the other candidates) would better represent them.”
With the retirement of Sen. Peg Flory, R-Rutland, the county will send two new faces to the Senate.
Sen. Brian Collamore, R-Rutland, was not only in first place but had a healthy lead. Collamore, 67, has served two terms and will be Rutland County’s senior senator if he returns to Montpelier for a third.
“I look forward to a good general campaign,” he said. “Both parties, the Republicans and Democrats, will probably take a deep breath, maybe take a month off and then start campaigning in October.”
Collamore said the voters’ rejection of Soucy surprised him. He said the junior senator had done excellent work during his year in Montpelier.
“I am at a total loss to explain that,” he said. “I can’t figure it out for the life of me.”
James McNeil appeared to have the second nomination sewn up, but the competition for the third spot between Ed Larson and Terry Williams appeared too close to call as of 10:45 p.m. — Larson led by 22 votes. Williams’ performance elsewhere in the county indicated he had a likely edge in such smaller towns.
Results were not available from only three towns at deadline: Proctor, Chittenden and Middletown Springs. As of 11 p.m., the county vote totals were 3,243 for Collamore, 2,616 for McNeil, 1,908 for Larson, 1,886 for Williams and 1,520 for Soucy.
None of the three could be immediately reached for comment Tuesday night.
Collamore carried the city with 947 votes. McNeil followed with 826 and Larson took 654. Soucy got 406 and Williams brought up the rear with 243.
McNeil, 60, previously represented Rutland Town in the House and is co-owner of McNeil & Reedy in Rutland. He was also Flory’s choice to succeed her when she announced her retirement.
Larson, 70, is a retired police officer and former city alderman. He ran on his diverse experience and the importance of Rutland County maintaining a strong Republican presence in the Legislature.
Williams, 66, is an Afghanistan veteran, farmer and Poultney Select Board member. He said he would bring organizational skills to the Legislature and represent the perspective of people in the county’s smaller towns.
Larson beat Williams solidly in the city, by a margin of 654-243, and Williams had the fewest votes in each ward. It was a different story in the outlying towns. Williams took first place in Poultney, Castleton, Hubbardton, Fair Haven, Pawlet, Wells, Benson, Danby and Mount Tabor. When Larson beat Williams in the smaller towns, it was usually by a narrow margin.
Soucy won his hometown of Killington and came in third in neighboring Mendon.
Who the Republican nominees will face was not immediately clear Tuesday night. Nobody turned in petitions to run on the Democratic ballot, but the Rutland County Democrats recommended a trio of write-in candidates — Greg Cox, Cheryl Hooker and Scott Garen. Those results were not available Tuesday night.

Dream Maker Bakers: Killington’s new sweet source

Rutland Herald

Katelyn Barcellos | August 06, 2018

By KATE BARCELLOS
STAFF WRITER

Megan Wagner, owner of Dream Maker Bakers, plates three of her signature cupcakes at her new bakery location at the former Pasta Pot restaurant in Killington. (Kate Barcellos / Staff Photo)

KILLINGTON — Later this month, a woman’s childhood dream will finally come to true, frosted in buttercream and filled with chocolate.
Dream Maker Bakers, a patisserie, bakery and gourmet cafe, will open for business Aug. 22 inside the former Pasta Pot building on Route 4 in Killington, with local Megan Wagner at the rolling pin.
Born on Beale Air Force Base in California, Wagner said it was when she moved to Randolph with her family in the fourth grade that she realized the sweet life was calling her name.
“I told my dad, ‘I’m going to own a bakery,'” Wagner said. “So he bought me the ‘Baker’s Bible’ and ‘1,001 Muffins’ and let me destroy his kitchen.”
Years later, Wagner found herself working as a waitress at Chef Claude’s Choices Restaurant and Rotisserie in Killington.
Even as a waitress, Wagner couldn’t get herself out of the kitchen, and often experimented with different flavor combinations and recipes at home.
“I used to bring in things I’d baked,” Wagner said. “Pies and a lot of quick breads, which worked because he had those on his lunch menu.”
After three years or so of waiting tables and helping out in the kitchen, Chef Claude noticed her talent and decided to make her an offer: a week-long crash course at the Culinary Institute of America.
“He said he would pay for the class if I paid for my gas to get there,” Wagner said.
After baking at Choices for aboutfour years, and having her first son Joey, Wagner decided to try something new and branched out from her nest at Choices to work at The Foundry up the access road.
“They gave me a lot of freedom,” Wagner said. “They had a rotating, weekly seasonal dessert, which gave me a lot of room to play and try new things, and they did a lot of events.”
After her second son was born though, Wagner decided to work as a bookkeeper for her husband’s plumbing business, where her brother is apprenticing.
“I thought I wouldn’t bake again for a while,” Wagner said. “I decided I didn’t want to bake for restaurants anymore. Desserts are an after-thought (there).”
And for a little while, that notion held.
But this spring, the baking bug bit again. Another baker, whom Wagner had come to admire, was selling off some of her culinary tables, a bakery case, an oven and a commercial cooler, among other things.
And Wagner couldn’t resist. She bought the equipment and for months stored it at a friend’s house while she and her husband looked for a new place to bake.
Wagner said she’d considered renting the old Comfort Inn check-in building behind the Back Country Cafe, but then a friend called her up and told her to go talk to “Pasta Pete,” Pete Timpone, owner of Killington’s Pasta Pot restaurant.
Wagner and Timpone made an agreement. After putting down a deposit, Wagner said she and her husband Joe plan to buy the building within the next two years.
“That was how this all started,” Wagner said, gesturing around her new workspace which is accented with baking supplies, bottles of extracts and a cooler of fresh cream that she orders by the gallon from Thomas Dairy. “That happened mid-April. We were in here May 1.”
Wagner said she chose the name Dream Maker Bakers because even though the bakery is her dream, she couldn’t have done it alone.
“I wanted a name that was representative of a team effort,” Wagner said. “This isn’t just about me.”
Wagner said her assistant, Kelsey Kelley, is a big part of the creative vision when they’re trying out new recipes.
“I see a lot of myself in her,” Kelley said. “Some of her flavor combinations are one’s I’d never think of.”
With the summer flying by, Dream Maker Bakers has been taking shape. Wagner spent almost every day since May 1 at the new location, slapping on fresh paint and tearing up carpet, while baking for the four accounts she has along the access road.
She makes seasonal pies for Jax Food and Games, and still bakes the seven-item dessert menu for the Foundry. For Mad Hatter’s Scoops, she bakes brownies, cookies, homemade hot fudge and homemade caramel chock full of Cabot butter.
“No margarine. Ever. I always use butter. And you’d never see shortening in butter-creams,” she said.
And for Sushi Yoshi?
“Dessert sushi,” Wagner said. “I use Swedish Fish for the fish on the nigiri. And I also make candied-ginger lemon cupcakes.”
Wagner bakes homemade cakes, pies, cake pops, cannoli, cream puffs, eclairs, mousse bombs and croissants that take three days to make.
“They’re around 90 layers by the time they’re done. And they’re dark; that’s the butter. Shortening gives them a light color, and butter makes them dark,” she said.
By the time their new location is ready to open, Wagner said she hopes to have transformed the former bar into a take-out orders space with a cake cooler, and also install a coffee bar where customers can sit and enjoy espresso drinks, pastries and breakfast items.
Wagner said she’s even planning to reuse the keg taps for cold-brew coffee and Aqua ViTea kombucha on tap.
Though Wagner enjoys eclairs and cakes, her favorite dessert is pie.
“Chef Claude’s coconut cream pie,” Wagner said. “That’s my favorite. Or fresh cherry, the kind where you pit every cherry yourself when they’re in season. You can’t use frozen cherries … it’s not the same.”

New computer system causes tax bill glitch

Mountain Times

July 25, 2018

By Katy Savage

Killington Town Clerk Lucrecia Wonsor was on the phone all day  Monday and Tuesday, a week ago, when hundreds of incorrect tax bills were sent to Killington homeowners.

“People were concerned because there were some that had been taxed at the non-residential rate even though they declared homestead,” she said.

Killington was one of about 75 towns that received incorrect tax bills. About 4,500 bills the state sent out July 1 contained an error in them. State Tax Commissioner Kaj Samsom issued a notice last week, saying a new computer system had caused much of the problem.

The state’s computer system was updated three years ago. This was the second year of using the new system with homestead declarations.

“Overall the system is working great,” said Vermont Department of Taxes Deputy Commissioner Craig Bolio.

Most of the computer issue had to do with homestead declarations. Homestead property is taxed differently from nonresidential property. Nonresidential homes include those that are leased 182 days or more, homes that are used for commercial purposes and property that is a second home.

“It makes a big difference for some people,” said Wonsor.

Wonsor discovered the issue after Middlesex Town Clerk Sarah Merriman posted a notice in a forum shared between the town clerks.

“We immediately were able to put something on the website,” said Wonsor.

Other towns that were impacted in Windsor and Rutland County included Barnard, Cavendish, Grafton, Pittsfield, Pomfret, Hartland, West Rutland, Rockingham, Springfield and Weathersfield.

The Weathersfield town office also received many calls. Weathersfield Town Manager Ed Morris said he saw the issue coming.

“It will make some extra work for us,” he said.

Bolio said the corrected tax bills will be processed July 27. They will then be sent to area clerks and re-distributed.

Killington to get more solar panels

Mountain Times
July 25, 2018

By Julia Purdy

KILLINGTON—Much of the regular July 16 Select Board meeting concerned the impending contract with AllEarth Solar of Williston for installation of a net-metering system to serve the town offices’ power needs. Bob Vittingl, a consultant for Apex Solar, the installer, was present.

Before the meeting, board members  Vittingl and Town Manager Chet Hagenbarth toured the proposed locations of 18 solar tracking panels: three behind the town office, three in the apple orchard behind the Killington Road soccer net, a row of three along the stream by the new library, and three each in the areas of the old library, the town garage and the transfer station.

Vittengl explained that each unit is about 20 feet tall when upright, and 11 feet tall when lying flat. They are identical to the units at the Skyeship gondola on Route 4.

Much discussion in the meeting centered on the terms of the agreement and how to ensure the town is getting the maximum value.

Hagenbarth summarized the agreement’s terms and the advantages of the proposal.

The agreement states that annual solar energy production will be about 175,000 kilowatts. The trackers will supply more power than needed, he said, resulting in the town getting credits back, or 19 cents per kWh from GMP. There would be no net cost.

The monthly fee for the equipment is $2,500. According to Hagenbarth’s calculations, the town will be paying $30,000 per year for the PPA agreement and will receive $33,333 for what it’s producing for power, resulting in a $3,300 credit from GMP.

“This way we are fixing our costs and have control of our power consumption and production,” he concluded.

Select Board member Jim Haff said he had read something that said GMP was only paying 4 cents until 2016, and he said he wanted to see a letter from GMP that specifically states that the town’s account will be credited for 4 cents per kWh: 1 cent in the net metering and 3 cents in return for giving up the Renewable Energy Credits.

Haff also expressed concern for underproduction that could sacrifice the economic advantage with a set monthly invoice and asked why couldn’t the town be billed just for what it uses?

Vittengl replied that it can’t be micromanaged due to the frequent changes in weather. The system still produces in the winter, and Summer Solstice is the peak. Then it varies up and down from that point.

Hagenbarth pointed out that to begin generating this late in the season, the town will lose out until the end of the cycle.

“Basically we are prepaying for the power,” McGrath put in.

Vittengl added that the installation schedule can be expedited.

The proposal applies only to power generation for town buildings and infrastructure. Private homes, buildings, facilities and businesses may install their own solar and arrange net-metering with GMP, Hagenbarth clarified in a follow-up interview.

Photo by Jason Mikula

Cathy A. Merrill

Rutland Herald | July 19, 2018

KILLINGTON — Cathy Ann Merrill, 71, of Killington, passed away on Wednesd ay, July 18, 2018, at home, surrounded by her husband of 49 years, and her children.
She was born in Randolph on Feb. 13, 1947, daughter of Muriel and Edward Cole, and grew up in Pittsfield.
She married Kenneth Merrill on Oct. 3, 1969.
Cathy worked at Killington Ski Area in the ‘70s, and Clifford of Vermont in the ‘80s, but her favorite job was working at the Pittsfield General Store through the ‘90s. She loved animals, and had horses and dogs throughout her life. She cherished her role as Grammy.
She leaves behind her husband; and children Lisa Abbott and her husband, Greg, Karen Merrill and her husband, Loren A. Hogaboom, Brian Merrill and his wife, Del’Rae; and grandchildren Hunter Bates, Cole and Cory Abbott, Madison and Wyatt Merrill.
She was predeceased by her mother, father and sister, Carol Cole.
A graveside service will be held on 11 a.m. Saturday, July 21, 2018, in the Riverside Cemetery in Killington. A reception will follow.
Arrangements are by the Aldous Funeral Home.
In lieu of flowers, those who wish, contributions should be made to Visiting Nurse Association and Hospice of the Southwest Region, Rutland, Vermont.

Check Your Property Tax Bill: Tax Dept. Missed Deadline For Issuing Some Adjustments

By Howard Weiss-Tisman • 15 hours ago

VPR News

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  The Vermont Department of Taxes was not able to process all of the property tax adjustment claims in time to meet a July 1 deadline. Tax Commissioner Kaj Samsom said most of the problems have been within the homestead declarations.

  filo / iStock

The Vermont Department of Taxes was not able to process all of the property tax adjustment claims in time to meet a July 1 deadline. As a result, towns that sent out their tax bills on that date may have sent the wrong information to property owners.
About 70 municipalities send out their tax bills on July 1, and Tax Commissioner Kaj Samsom said municipal officials have been hearing from property owners who are noticing the problems on their tax bills.
“The towns that billed in July are probably not enjoying multiple calls for people thinking that the towns messed up their tax bills,” Samsom said. “We’re definitely regretful and apologize to the town officials that are having to deal with this. In the long term, we have more work to do to encourage more e-filing and get more accurate information on the intake and simplify the system for applying for, and qualifying for, property tax adjustments.”
See the list below of municipalities where people's tax bills could be affected by the delay.
Samsom says most of the problems have been within the homestead declarations, which is where property owners say whether they are full-time Vermont residents.
The department’s new $25 million computer program is flagging many more tax forms that have errors — both small and significant — and Samsom said the department did not anticipate the number of adjustments that would need attention.
“The system is much more able to pick up anomalies and incorrect data,” Samsom said. “So we’re having to learn on the go how to properly allocate staff. The system flagged a lot of returns, and we underestimated the amount of attention we would need to shift to that in June. We think by next year we’ll have this figured out.”
Of the more than 175,000 filings, Samsom said about 14,000 needed further review as of July 1.
The Tax Department sent out a letter recently detailing the issues that have been holding up the property tax adjustments.
Samsom acknowledged that Vermont has a complex tax filing system that requires property owners to declare their homestead status every year. He said the late legislative session also compounded the issue, as important data that is usually available in May was delayed by a month.
The department says all of the correct information will be sent out to towns before the end of July.

Could your tax bill be affected? (And what to do next)

Anyone who notices a mistake on their tax bill is encouraged to contact the Department of Taxes:

• Email: tax.individualincome@vermont.gov
• Phone: (802) 828-2865

And the Tax Department says anyone in the following list of municipalities should check their tax bills for errors:

• Barnard
• Barre City
• Barre Town
• Berlin
• Bethel
• Brandon
• Brattleboro
• Brighton
• Brookline
• Burlington
• Cavendish
• Colchester
• Dover
• Dummerston
• Fair Haven
• Fayston
• Fletcher
• Goshen
• Grafton
• Granby
• Granville
• Hardwick
• Hartford
• Huntington
• Isle La Motte
• Killington
• Ludlow
• Marshfield
• Middlebury
• Montgomery
• Montpelier
• Newbury
• Newfane
• Northfield
• North Hero
• Norwich
• Orange
• Pittsfield
• Plainfield
• Pomfret
• Proctor
• Putney
• Richford
• Richmond
• Rochester
• Rockingham
• Roxbury
• Searsburg
• Shelburne
• South Burlington
• Springfield
• St. Albans City
• St. Albans Town
• Stockbridge
• Stowe
• Tinmouth
• Townshend
• Underhill
• Vergennes
• Victory
• Warren
• Washington
• Waterbury
• Westford
• West Rutland
• Williston
• Wilmington
• Winooski
• Weathersfield
• Worcester