Town Meeting

Pursuant to the foregoing warning 445 voters of the total of 2742 eligible voters of the Town and School District of Stowe met at the High School Auditorium on Tuesday, March 3, 1998. Moderator William A. Kelk brought the 207th meeting of the Town to order at 9:07 a.m.

He regaled the assembly with a history of the early town meetings of Stowe and Mansfield circa 1797 to the mid 1800's.

The first meeting had been held on March 13, 1797 in the house of Lauden Cates, the present site of the Charles Churchill house. Fifteen town officers were elected at this meeting including three fence viewers, two haywards, and a tything man. The fence viewers mediated boundary disputes. The haywards weighed hay and restrained swine from roaming at large. The tything man had various duties such as inspecting taverns, watching strangers who came to town and waking sleeping voters at town meeting with the use of a five-foot crooked stick. John Bryant was elected as the tything man.

The requirements for a legal fence were adopted at the first town meeting. The custom was to select a tall man (Oliver Luce at 6'3" tall), a heavy man (William Utley, weight not mentioned), and a small man (John Turner). The requirements of a legal fence were one that a tall man could not straddle, a heavy man break down or a small man crawl through.

In 1849, the Town of Mansfield was annexed to Stowe making it the largest town with 47,808 acres. Underhill also annexed part of Mansfield. The Chin of Mt Mansfield, the highest point in Vermont, is in Underhill, but the Nose and the Forehead are in Stowe. The original Town of Mansfield was divided by the main range of the Green Mountains. There were no trails for connections between residents on the opposite slopes.

The dominant settlements were on Luce Hill and Edson Hill. The residents of these settlements feuded over the conduct of the town business. This resulted in a stormy meeting as reported in W. Bigelow's history of Stowe. On November 5, 1848, the voters of Mansfield voted to annex to Stowe by a vote of 34 to 18. This did not sit well with one Ivory Luce, a man described as being of the most unyielding will when fully aroused. This town meeting fully aroused Ivory Luce. After the meeting he became violently angry with one Elijah Towne who had voted to become annexed to Stowe. Luce, somewhat of a backwoods wild man, went about with a knife in his hand looking for Mr. Towne and saying, "I'll have his hearts blood!" Ivory Luce was a sore loser.

The 1941 Town Report featured a photograph of the covered bridge in Stowe Village. Shade trees overhung the bridge and a big dog was standing in the road in front of the bridge. The bridge also had a covered bridge for pedestrians, which still exists today. The Town Report indicates the bridge had lasted for more than 100 years even with heavy and increasing traffic. It was soon to be replaced by a cement bridge constructed by TJ Harvey & Sons of Adams, MA at a cost of $32,629.

1941 was the 150th anniversary of Vermont's admission to the Union and at Stowe Town Meeting that year, Vermont's Lt. Governor, Mortimer Proctor, read an address entitled "ONLY VERMONT GOVERNORS'. Grace Limoges, a rural school teacher, sang a solo "To Thee Vermont." Eighty-five-year-old Della Giles read a poem "A Mountain Farm." The students sang "Old Cromwell." That year's Town Report published the names of all Stowe's delinquent taxpayers, including those who hadn't paid their poll taxes and presumably could not vote. The Overseer of the Poor reported nine families, a total of 30 persons, had received aid that year. Four persons were being cared for at the Town's Poor Farm (now the red brick building on the left corner of Stagecoach Road and Pucker St.). The report of the Superintend of Schools was a reminder of the war in Europe and the recent attack on Pearl Harbor. The Village School had purchased $250 worth of defense stamps, while the rural schools were raising money to buy clothing for British children suffering under the Blitz. High school students were excused from school to help with the farm labor shortage.

Some of the articles to be voted on that March 3rd, 1942 at 10:00 forenoon EST or 11:00 forenoon Wartime were:

-Shall moving pictures be permitted in this town on Sunday?

-Shall lectures and concerts be permitted in this town on Sunday?

-Shall spirituous liquor be sold in this town?

-Shall baseball be permitted on Sunday in this town?

Mr. Kelk could just imagine two boys in a church pew, one whispering "Psst, baseball in Brownsville at 2:00. Pass the word."

The largest town meeting was held August 11, 1997 at 7:00 p.m. in the gymnasium with 1087 voters attending, more than double attending any other meeting. It had rained that evening, making it a close atmosphere, with a temperature close to 100 degrees F. Some voters stood an hour in line to vote on a school issue.

Someone who had recently moved to Stowe was heard to say "We moved to Vermont to get away from traffic and other congestion. That was the longest line I have ever seen in my life!"

Mr. Kelk continued by introducing Selectmen Steven Riley, Richard Marron, Ted Teffner, Charles Lusk, and Peter Beck, School Directors Becky Graddock, Terry Dwyer, Donald Post, Cameron Page and Ken Biedermann, and Town/School District Clerk/Treasurer Marie N. Betterley.

He went on to introduce Alison Kaiser at the sound mixer, Clayton Reed, Seth Federspiel and Matthew Goodson with the wireless mics. Mr. Kelk reviewed the rules of conduct for the meeting with the assembly.

Moderator Kelk introduced some distinguished visitors, a group of journalists from Latin America, who were being sponsored by the US Information Agency and who were studying ethics in government. The Assembly gave an applause of welcome.

Mr. Kelk asked that the Assembly follow him in the Pledge of Allegiance to the Flag. He then introduced Selectmen Chair, Steven Riley, who made an award of appreciation to:

-Ron Mayo for his 27 years of working for the Village of Stowe

-Edward Lambert for his 38 years of working for the Village of Stowe Electric Department

-The Auditors of the Town of Stowe, Janet Adams, Barbara Allaire and Joyce Lawrence, were presented with the James P. Taylor Town Report Award for Outstanding Achievement, a distinction achieved since 1982 and for this particular category since 1991.

School Board member Don Post presented outgoing member Ken Biedermann with a vote of thanks for all he has done for the Stowe School District during his (8) years as a Board member.

Richard Marron, Representative from Lamoille II, had some late-breaking news from the VT Legislature. He informed the Assembly that the Legislature had enacted the Technical Revisions Bill to Act 60. Stowe's school tax rate was presently $.71. The maximum increase would be $.35 to $1.06. However, no town could benefit more than $5,000 from that cap. That meant that if one's property was valued at more than $1,428,571, (of which there were 32 properties in Stowe) the excess over that amount would be taxed at the rate of $1.39 if the budget that had been proposed was enacted. If one's property was valued at $2.3 million or below, one would fare better under the $1.06 rate than under the existing 40% cap. He went on to explain that if the school budget was adopted, the tax rate would be $1.06 for all except the 32 properties that were in a category of their own. Unfortunately, this would have a significant impact on the large businesses such as the Trapp Family Lodge by $118,000 and Mt Mansfield Company by $92,000. However, the Town would come out ahead on this $.35 cap. Mr. Marron offered to answer anyone's questions after the meeting.

Mr. Kelk reminded the Assembly that the school budget was presently being voted on by Australian Ballot in the gym; thus, no discussion pertaining to this subject could be brought up.

Moderator William A. Kelk noted the first six articles were being voted on by Australian Ballot. He thus began with:

Art 7

MOTION made by Steven Riley, seconded by Don Post to accept the annual reports of the several Town Officers as presented.

Frank Kellogg referred the Assembly to Page 43 2nd paragraph of the Annual Report "We will continue to fight for a system of funding education that is far (fair) to ALL Vermont children and their communities." He asked if was this not what Act 60 was trying to do? Were the Selectmen and had the Selectmen joined in promoting Act 60?

Mr. Marron answered that the Selectmen, at last year's Town Meeting, were authorized to oppose and see whatever could be done to oppose Act 60. Article 27 in this meeting would address this. In some people's opinion, Act 60 is fair to all Vermont school children. He would be interested in knowing what the citizens of the town thought about that. ON THE ORIGINAL MOTION, MOTION on Article 7 PASSED.

Art 8

MOTION made by Becky Graddock, seconded by Terry Dwyer, to accept the annual reports of the School Directors as presented. MOTION on Article 8 PASSED.

Art 9

MOTION made by Steven Riley, seconded by Ted Teffner, to adopt the provisions of Title 32 VSA, Chapter 133, providing for the collection of taxes by the Town Treasurer. MOTION on Art 9 PASSED.

Art 10

MOTION made by Steve Riley, seconded by Don Post, to authorize the Select Board to borrow money to pay current expenses and debts of said Town in anticipation of the collection of taxes and returns from the State for such purposes, and the same will be done by notes of the Town. MOTION PASSED.

Art 11

MOTION made by Terry Dwyer, seconded by Don Post, to authorize the School Directors to borrow money to pay current expenses and debts of said District in anticipation of the collection of taxes and returns from the State for such purposes, and the same will be done by notes of the School District. MOTION PASSED.

Art 12

MOTION made by Steve Riley, seconded by Ted Teffner to pay the Selectmen and other elected officials the following sums for the ensuing year according to the Town Charter:

MOTION TO AMEND made by Marie N. Betterley that the Town Clerk/Treasurer's salary be amended to $37,157.49, an increase of 5%, not the 2.5% as recommended by the Selectmen; seconded by Frank Kellogg.

Charles Lusk explained how the $36,273 amount had been arrived at. This was the first salary that the Board contemplated every year when they fixed the budget. The past practice had been to take an estimate of what would be offered all of the employees of the town, which this year was 2.5%. It did not necessarily mean that all employees were fixed at that adjustment rate. But any adjustment higher than that required justification for the adjustment. That usually meant a substantive change in what the job entailed.

Ms. Betterley informed the Assembly that the Selectmen had a salary study done last year by VLCT. One of the proposals was that the salary of the Town Clerk/Treasurer was below what it should be. This 2.5% increase would not bring her salary up to what it should be compared to comparable positions in comparable towns. It was also apparent to her that when her salary was set at town meeting, say, at a 3% Increase, and salaries for all town employees were set in June, say at a 3.5% increase, she didn't get the higher percentage, but had to wait for approval at the next Town Meeting.

Peter Anderson reviewed with the Selectmen that they started out with a 2.5% and adjusted from there. Given what they had done the last time they had set salaries, he asked what the average increase for the other employees had been. Charles Lusk stated the 2.5% was not a constant. Raises had been 3.0% and 3.5% in the past. He believed in the past the Board had given raises in the 2.5% range. Atty. Anderson reiterated that the base raise was 2.5% and that adjustments upward would be made from there. Mr. Lusk answered "This year."

He continued to say that any change from that would require the Board to change the basis from which they would calculate. The Board assumed that a particular job had particular value. If the job underwent a substantive change such as the Town Accountant's (Karla Spaulding) position, whereby she had taken on new duties and responsibilities because of the merger with the village, then the Board would change the basis from which to calculate the adjustment. Mr. Anderson asked if starting at the 2.5% basis, was it for all employees or just a particular class of employee. Mr. Lusk answered it was for all employees. Mr. Anderson asked further given that 2.5% was where the Board started after it had done its analysis and compensation for the employees, what had been the average increase for all employees of those receiving adjustments. Greg Federspiel stated that all employees get an annual across-the-board adjustment at the end of June.

Bill Nelson commented that he and others might not know the ins and outs of this situation, but he did appreciate the courage of the Town Clerk to debate her raise in front of the Town Meeting.

Steven Riley stated the Selectmen did give a report for the year, and on Page 44 under Town Personnel, they had updated the job descriptions and a new pay classification Plan was put into place for all town employees.

Marie Betterley noted that anyone going into the Town Clerk's office would notice that there had been constant change. As of now, the Motor Voter Laws and the impact of Act 60 were having to be dealt with. The duties were constantly changing; the jobs could not be put in a slot.

Chuck Baraw commented that based on the tax increases and tax hits that all the businesses in Stowe were going to get, there was no doubt in his mind that the businesses in Stowe would probably be freezing wages as there won't be any money to pay anything. He felt that if the town employees were going to get 2.5%, they would be among the more fortunate.

ON THE AMENDMENT the voice vote, taken twice, was inconclusive. MOTION FOR A PAPER BALLOT was made by Greg Federspiel, supported by seven other voters. Results of the vote by paper ballot were 210 Against, 135 For, 1 Blank. MOTION TO AMEND WAS DEFEATED.

On the Main Motion to pay Selectmen, $1,000/year each; Listers, $250/year each; Auditors, $8.50/hour each; Moderator, $75/rneeting and Town Clerk/Treasurer, $36,273 annual salary plus estimated $11,013 in employee benefits. MOTION PASSED.

Art 13

MOTION made by Becky Graddock, seconded by Donald Post, to pay the Stowe School District officers and other elected officials the following:

MOTION PASSED.

Art 14

RESOLUTION FOR TOWN SCHOOL DISTRICT MEETING made by Becky Graddock, seconded by Don Post:

BE IT RESOLVED THAT the school taxes shall become due and payable in two equal installments, pursuant to Sec. 901, Chapter 9 of the Town of Stowe Charter, with ½ due no later than 5:00 p.m. on November 10,1998, without discount, and ½ due no later than 5:00 p.m. on May 10, 1999, without discount; and that interest at the rate of one percent (1%) per month or fraction thereof from the due dates shall be added to all school taxes unpaid after each due date. Taxes received bearing federal due-date postmarks will be accepted.

FURTHER, that there be assessed a collection fee of eight percent (8%) on all taxes unpaid after each due date; and all taxes assessed as above shall be collected by the Treasurer of the Town of Stowe School District in the same manner provided by law for the collection of taxes by treasurers of towns.

Article 14 PASSED.

Art 15

MOTION made by Becky Graddock, seconded by Terry Dwyer to authorize the Stowe School Board to establish a reserve fund for the purpose of defraying future educational expenses utilizing all carry-forward funds from the 1997-98 school year.

Mrs. Graddock explained that the unexpended funds of approximately $350,000 ordinarily would be rolled over into the next year. However, under Act 60 a rollover would be a waste and could not be used to lower taxes. It should be set aside to decrease the tax appropriation in FY 2000. Use of the reserve fund would be subject to the vote of the taxpayers at that time.

Paul Hensel asked what the amount was. Lee Lee Goodson asked if this $350,000 could be used as seed money for the educational fund being set up. Mrs. Graddock said "no." Sonny Davis did not think it was a great idea because of the impact of Act 60.

MOTION TO MOVE THE QUESTION made by Wendall Mansfield. Motion to move the question passed. The main MOTION in Article 15 to establish a reserve fund PASSED.

Art 16

MOTION made by Selectman Riley and seconded by Selectman Lusk to repeal the Stowe Business Personal Property Tax pursuant to the provisions of Title 32 VSA Sec 3849 starting in FY99. Mr. Riley explained that the business personal property tax taxes the equipment, typewriters, cash registers, etc. It was very hard to confirm by the Listers, and the Selectmen felt that it was a small way to save for the business community in Stowe. It would mean $65,000 in lost revenue (or 85/100 of a cent) on the tax rolls which would have to be made up by the other taxpayers.

Ken Strong stated that this program was "broke," and wanted to fix it. Either do away with this tax or verify that the real property was indeed located at these businesses. MOTION PASSED and Stowe Business Personal Property Tax was repealed.

Art 17

MOTION made by Selectman Beck, seconded by Selectman Riley to appropriate the sum not to exceed $20,000 toward the operation of the Stowe trolley service.

Ken Schulman made a comment about the safety of the trolleys stopping along the Mountain Rd. The trolleys should be treated like a school bus. The brochure stated the trolley would make pick ups at lodges and shops along the Mountain Rd. Again, a safety issue. The system should be run more professionally.

Selectmen Beck commented that the law was very specific about which busses could use flashing red lights. The ridership had gone from 28,000 to 66,000 which spoke to the success of the trolley, and the Town had been level funding the trolley for some time. MOTION PASSED.

Art 18

MOTION made by Peter Beck, seconded by Selectman Teffner to appropriate the sum of $5,000 to be used for a fireworks display for the July celebration, 1999. MOTION PASSED.

Art 19

MOTION made by Steve Riley, seconded by Peter Beck to appropriate the sum of $42,623 for the following purposes:

MOTION TO AMEND made by Phoebe Sakash, seconded by Ken Strobel, to amend the amount of $440 to $660 for Retired Senior Volunteer Program.

Randi Michelson indicated that some of the $1,000 allocated for the North Country Animal League could be reallocated towards RSVP.

Steve Riley stated the Selectmen kept track of all these requests. These amounts were all level funded from last year. RSVP did ask for $660, but the Selectmen chose to decrease the amount to $440 because of the economic climate.

George Von Trapp asked if there were any other requests for increases? Steven Riley affirmed that there had, and some did not put in a request and the Selectmen chose to put the amounts in anyway.

Sonny Davis felt that the assembly cared more about the dogs than about the Senior Citizens. He felt it wouldn't do any harm to give the Seniors a little bit more.

Bill Nelson asked who did not request an allocation? Steven Riley indicated $2,000 for Maple Leaf Farm, $200 for Lamoille Housing Partnership, and $1,000 for North Country Animal League had not been requested. He went on to say that in the regular budget the Assembly would be asked to vote $350 for the Stowe American Legion, and they had not sent a request.

Helen Lewis noted that many organizations had realized that level funding had occurred and that was maybe why no requests were forthcoming.

Dick Marron made a response that the elderly seniors would receive many of the benefits from the line items of this article, more than the dogs and cats.

Randy Schievella noted that the Selectmen should require anyone asking for money to do so formally for next year.

Ken Schulman informed the Assembly that many of the area restaurants and inns, at least twice a year, provided meals for many of the Seniors every Monday.

Kent Mitchell indicated he had known Phoebe Sakash for the last twenty-five years and had known very few people who had given themselves to the community like Phoebe had. He felt that if Phoebe wanted $220 more for the Seniors, he was all for it.

MOTION TO CALL THE QUESTION and end debate made by Alex Leveille. MOTION PASSED. On the Main MOTION AS AMENDED:

Herb O'Brien felt there was a lot of overlap, several organizations doing the job that one organization could do. He was sure these organizations all had directors and a vice director and all the bureaucracy to go with it. He asked the Selectmen to look into that for next year. He felt this whole article should be thrown out as Stowe should not be a cash cow for the rest of the County. He added that It was bad enough Act 60 had ripped off Stowe. Mr. O'Brien felt a message should be sent to those towns in Lamoille County and Montpelier who voted for Act 60.

MOTION TO AMEND made by Herb O'Brien, and duly seconded, to remove the $3,000 allocation to Lamoille Economic Development Corp. He felt there would not be any more Economic Development in this County because of Act 60.

Dick Marron responded that Stowe's friends in Hyde Park, Eden and Morrisville had been very supportive during this Act 60 process. He thought that a mean-spirited reaction to Act 60 directed to Stowe's neighbors would not be appropriate at this time. He stated that Morrisville spent the same amount of money for these programs as Stowe did, despite their Grand List being smaller than Stowe's.

Peter Beck informed the Assembly that LEDC had a new director this year, and it was an organization that was working most diligently on everyone's part. One of the problems Lamoille County faced was not simply the jobs that were produced in Stowe for the rest of the County. One thing that organization was trying to do was improve the quality of life for everyone who lived in Lamoille County by attracting and holding and helping existing businesses to expand. He felt it was like cutting off our nose to spite our face to reduce funding of an organization that was attempting to improve the job quality and quality of life in Lamoille County.

Alex Leveille stated, as a business owner in Stowe, he felt that LEDC had been very helpful in the beginning and during the time of getting his business off the ground. He was very much against this amendment.

On the MOTION TO AMEND, MOTION WAS DEFEATED.

On the Main Motion:

Diana Houston asked who determined how much was given. Steven Riley replied that letters requesting funds came to the Selectmen. They discussed the requests and put them into the budget.

Millie Marron asked what the Council on Aging was?

Penny Walker Reen answered the Council was an advocate for the elderly. They strive to keep seniors and their spouses over 60 in their homes as long as possible. As to overlapping, yes, the Council contracts with the LENS program to bring meals to the elderly of Lamoille, Washington and Orange County who could not get out of their homes, who did not have public transportation to get to stores. A case load was on average 120 elderly people per year. The Council was State and Federally funded, but the Federal portion was being cut drastically.

Lillian Zuber, Director of the Children's Aid Society, stated that their Board agonized every year because they would like towns to put in more money. It's a nonprofit organization. In Lamoille County alone last year (57) people were counseled on a private basis (120 of them from Stowe) on subjects as abuse or pregnancy. She assured the Assembly that next year the request would be for more than $500 simply because of the need in Lamoille County. It would be up to the Selectmen to either deny the request or leave it at the same level.

Linda Wood, President of the North Country Animal League, reported 800 animals went through the shelter. Funding did not come from federal or county funds, but through donations from the communities. She urged the Assembly to vote the NCAL allocation in.

Ken Strong questioned what the $6,000 for the Stowe Land Trust was used for.

Bruce Nourjian, President of Stowe Land Trust, answered it was used for operations, specifically towards 25% of Executive Director Tara Hamilton's salary, and not for any land purchases. The Stowe Land Trust was in the process of providing very exciting conservation efforts.

MOTION TO AMEND made by Ken Strong and duly seconded by deleting the $6,000 allocation to the Stowe Land Trust as he felt the Land Trust had more than adequate access to private funds. The $6,000 could split among the more needy requests.

Marion Kellogg interjected that the Stowe Land Trust could do that which the Town could not do such as following up leads of possible conservation properties. The Selectmen and the Conservation Committee depended on the Stowe Land Trust to make those advances, push into new territories, and take options out that the Committee and the Selectmen were not in a position to do. For example, the Mayo Farm purchase, the Watson Forest purchase, etc.

MOTION FOR CALL OF THE QUESTION was made to end debate. MOTION PASSED. On the MOTION TO AMEND, MOTION WAS DEFEATED.

MOTION FOR CALL OF THE QUESTION and end debate on the main Motion made by George Von Trapp. MOTION PASSED. On the main MOTION AS AMENDED to $42,843, MOTION PASSED.

Art 20

MOTION made by Peter Beck, seconded by Ted Teffner, authorizing a sum not to exceed $562,600 to pay for capital projects as follows:

John Lukens asked when the river walk between the police station and the video store would be done. Town Administrator Greg Federspiel indicated it was slated to be done this Spring.

Vera Beckerhoff asked for the exact location in Stowe Hollow to be done?

The reply was the hill section of Stowe Hollow Road.

Highway Commissioner Charlie LaVanway was asked if the Dump Truck was an additional truck or a replacement. Mr. LaVanway answered it was a replacement for a 1989 truck, which the Town may be able to sell for $7,000/$8,000.

Jo Sabel Courtney asked what improvements were scheduled for the Mayo Farm Events Field? Greg Federspiel answered they were to improve the access ramps, bring in electricity and water to the field, and put up fencing.

Jack Jones asked why was the $135,000 for the Mayo Farm Town Garage in Article 20 when it was being voted on by Australian Ballot. He felt it did not belong in this Article. Richard Marron answered the $135,000 was contingent on Article 4 being approved. If Article 4 was not approved, then the $135,000 would not be used. The funds had to be warned in this manner because it was not a bond issue. The town appropriation was the only way that the Town could vote on funds in the Town budget, if they were not bonded indebtedness.

MOTION TO AMEND made by Jack Jones and duly seconded that the $135,000 be removed until after the vote. If the vote was positive, then the discussion could take place.

Moderator Kelk reiterated that Vermont law provided that since the Assembly was in the same building at the same time as the Australian Ballot vote having to do with the uses on the Mayo Farm, that this could not be discussed at Town Meeting. He proposed to limit the discussion on this subject to money; discussion on good use or bad use was not to be brought up. If discussion did take place on the uses of the Mayo Farm, and not ruled out of order by him, the possibility could be that a disgruntled voter could challenge the outcome of the Australian Ballot vote in Court.

Steve Riley added in clarification, the reason why this subject was on the Australian Ballot was that in a past Town Meeting, it had been voted that all issues on the Mayo Farm must be voted on by Australian Ballot. The money, all funds have to be voted on in Town Meeting. That was why the cart was before the horse. If the Assembly wanted all of this less than one vote, it would have to be voted on again to have all money items be voted by Australian Ballot or all Mayo Farm items were to be voted on in Town Meeting.

Chip Percy questioned the need for a new Town Garage. Steve Riley stated that after many discussions with the Highway Commissioner and the Selectmen's own observations, the present town garage had run out of space. It was in a poor location where it was now located, especially for the trucks pulling out on Rte. 100 which presented a very dangerous situation. If Stowe ever experienced the 500-year flood and the bridge went out and the River Road flooded, all the highway equipment would be on one side and everyone else on the other.

Peter Beck added that the Town's mileage of roads having to be maintained has been increasing every year. Companies involved with road building, such as Percy's, understood that. The amount of equipment needed had increased and what the Selectmen would like to do was to keep the very expensive equipment, especially the hydraulics, under cover. The present facility did not offer this protection. MOTION TO CALL THE QUESTION and end debate made by John Hanson. MOTION FAILED, Moderator Kelk ruled.

Richard Marron stated the Town did need space to house the Public Transportation System (the trolleys). The Town received a $325,000 grant from the Federal and State government for that purpose. This would enable purchasing the old highway garage with the $325,000. Those funds would then be available to the Town to build a new highway garage wherever it might be. Last year the Town appropriated $40,000 towards that effort and the balance was $135,000 to make up for the total of this project.

Patricia Healy Sullivan felt it was presumptuous for the Town to be putting $135,000 into the budget when the issue hadn't been voted on yet.

Chip Percy stated that any bridge in town could wash out. He wondered if the Town valued the town trucks more than the trolleys. He felt a new garage was not needed, that there were other important issues.

Sarah Leveille stated this was just a formality, that this matter would be resolved by the Australian Ballot, and to leave this issue alone.

MOTION TO CALL THE QUESTION and end debate made by Ken Schulmann. MOTION PASSED. On the MOTION TO AMEND by removing the $135,000, MOTION DEFEATED.

As to the Main Motion, MOTION PASSED.

Art 21

MOTION made by Richard Marron, seconded by Peter Beck to authorize the expenditure of a sum not to exceed $451,000 to pay for additional capital projects provided, however, the municipal budget for FY99 shall not exceed 110% of the FY98 municipal budget, contingent on the approval of a school budget which utilizes the provisions of Section 50 of Act 60 (40% cap), as follows:

Richard Marron informed the Assembly that under the technical revisions bill to Act 60, the $.35 cap would come into play. It would no longer be necessary to increase the capital projects. He urged that this Article be defeated.

Charles Lusk also urged that this Article be defeated as the bill was guaranteed to be signed by the Governor.

MOTION WAS DEFEATED.

Art 22

MOTION made by Ted Teffner, seconded by Peter Beck to authorize the Board of Selectmen to expend all unexpended FY98 General Funds to pay for debts and current expenses of the Town for the fiscal year July 1, 1998 to June 30, 1999.

Marion Kellogg asked if this had always been done? She was answered in the affirmative. MOTION PASSED.

Art 23

MOTION made by Ted Teffner, seconded by Peter Beck to authorize the Board of Selectmen to maintain a reserve fund for reappraisal of the Town's Grand List properties and maintenance of the Grand List.

Vera Beckerhoff asked what amount of money that would be? Steve Riley answered it would be $6 per parcel under Act 60 for the costs of the appraisal. The plan was to use $9,000 in FY99 and the other half put in a reserve fund for future work. MOTION PASSED.

Art 24

RESOLUTION for Town Meeting made by Steven Riley, seconded by Peter Beck, as follows:

BE IT RESOLVED that the Town vote to raise money on its Grand List for the fiscal year July 1, 1998 through June 30, 1999 equal to those expenditures approved by the voters to pay debts and current expenses of the Town on the budget system, to wit:

Of which $3,538,195 is to be raised by taxes. Said sums include funds for the Mayo Farm Town Garage, an expenditure contingent upon approval of Article 4 by Australian Ballot.

(Clerk's note: Article 4 was defeated. See below.)

THAT pursuant to Vermont Statutes Annotated Title 17, Sec 2664, the Selectmen shall set and assess the tax rate on the Grand List consisting of Real Property of the Town of Stowe for the period of July 1,1998 through June 30, 1999 to defray the indebtedness and current expenses of the Town of Stowe as herein voted.

AND BE IT FURTHER RESOLVED that the property tax shall become due and payable in two equal installments pursuant to Sec. 901, Chapter 9 of the Town of Stowe Charter, with ½ due no later than 5:00 p.m. on November 10, 1998, without discount, and ½ due no later than 5:00 p.m. on May 10,1999, without discount. Taxes received bearing a postmark from a governmental postal service which is no later than the due date shall be accepted as timely payment. Interest at the rate of one percent (1%) per month or fraction thereof, from the due dates, shall be added to all property taxes unpaid after each due date.

FURTHER, there shall be assessed a collection fee of eight percent (8%) on all taxes unpaid after each due date; and all taxes assessed as above shall be collected by the Treasurer of the Town of Stowe in the manner provided by law for the collection of taxes by the treasurers of towns. The unexpended balance of this appropriation to the several departments shall, at the end of the period, be conveyed back into the treasury of the Town.

Robert Davison asked if the net figure included the $451,000 that had just been turned down. Mr. Marron indicated it did not. MOTION PASSED AND THE FOLLOWING BUDGET WAS SET:

Of which $3,403,415 is to be raised by taxes. (Said sums DO NOT include funds for the Mayo Farm Town Garage, an expenditure contingent upon approval of Article 4 by Australian Ballot.) (Clerk's note: Article 4 was defeated thus the $135,000 allocated in the capital budget for the May Farm Town Garage is not Included in the final expenditure figures above.)

THAT pursuant to Vermont Statutes Annotated Title 17, Sec 2664, the Selectmen shall set and assess the tax rate on the Grand List consisting of Real Property of the Town of Stowe for the period of July 1, 1998 through June 30, 1999 to defray the indebtedness and current expenses of the Town of Stowe as herein voted.

AND BE IT FURTHER RESOLVED that the property tax shall become due and payable in two equal installments pursuant to Sec. 901, Chapter 9 of the Town of Stowe Charter, with ½ due no later than 5:00 p.m. on November 10, 1998, without discount, and ½ due no later than 5:00 p.m. on May 10, 1999, without discount. Taxes received bearing a postmark from a governmental postal service which is no later than the due date shall be accepted as timely payment. Interest at the rate of one percent (1%) per month or fraction thereof, from the due dates, shall be added to all property taxes unpaid after each due date.

FURTHER, there shall be assessed a collection fee of eight percent (8%) on all taxes unpaid after each due date; and all taxes assessed as above shall be collected by the Treasurer of the Town of Stowe in the manner provided by law for the collection of taxes by the treasurers of towns. The unexpended balance of this appropriation to the several departments shall, at the end of the period, be conveyed back into the treasury of the Town.

MOTION PASSED.

Art 25

MOTION made by Herbert O'Brien, seconded by Charles Lusk to request that the Vermont General Assembly pass legislation to create a citizen's initiative process, whereby a majority of voters in a general election may require the ensuing legislature to promptly vote on specified legislation.

Richard Marron explained that this would be a request to the Vermont Legislature to pass legislation to create a citizen's initiative which would allow citizens to petition the question onto a general election ballot. It would take 13,000 valid signatures to do this. If the voters approved the question on election day, the legislature elected at that election must vote on the measure within twenty days of the start of the next legislative session. The House and Senate could approve the measure, amend it, or reject it. In any case, the legislators would know what their constituents wanted and the voters would know where their legislators stood.

Mr. Marron had mixed emotions about this, but felt its time had come. There were many pieces of legislation people were interested in which had been hung on the wall in committees. He cautioned that some people would like to use this legislation to repeal Act 60, to ban leg-hold traps, or to ban hunting and fishing. It would take 13,000 signatures to get this on a ballot, an act of the legislature, and the signature of the governor. Mr. Marron compared this with the process that California and Oregon use, where citizens would effect the changes in the law directly. He felt there had been sufficient protection built into the system to meet most of his concerns.

Fred Hutchins asked how it would work if a sufficient number of towns voted to approve this. Would it automatically become law, or would it then have to go to the legislature? Mr. Marron answered that it did not automatically become law. That kind of process does not exist in Vermont. This was just a request for the legislature to do this; it would not have to be done.

Frank Kellogg asked what "promptly' meant. Mr. Marron answered it meant the first Tuesday in January at the start of the new session. Mr. Kellogg asked what the penalties would there be if the legislature didn't act? Mr. Marron didn't think there would be any.

MOTION PASSED

Art 26

MOTION made by Charles Lusk, seconded by Peter Beck to authorize the Select Board, pursuant to the provisions of Title 24, VSA Sec 2741, to enter into contracts with owners of open space lands to fix and maintain the valuation of such property on the Grand List.

Mr. Lusk indicated the Town had Farmers' Contracts for a number of years. A few years ago the legislature expanded the authority which allowed the voters at Town Meeting to authorize the Selectmen to enter into the same kinds of contracts with owners of open space lands

David Jaqua asked how this related to Act 60. Mr. Lusk answered he felt it had nothing to do with Act 60. He did think the Technical Corrections bill to Act 60 would make it possible for the same kind of adjustments to be made on the school side of the budget. Greg Federspiel said it just applied to the municipal tax.

Michael Snyder asked what lands would qualify and how would that be determined? Greg Federspiel responded the excess of any house site would have the potential to enter a contract. It would be a case-by-case process.

Marion Kellogg indicated that to her it sounded like anything over two acres would be open land.

David Jaqua asked about the hillside overlay district. If with the zoning changes, the ridge lines would be considered open spaces. Mr. Lusk answered that they could, if they fell within the legal definition of open spaces.

Helen Beckerhoff wondered how the open spaces would be affected along the Mountain Road with the new zoning laws.

MOTION PASSED.

Art 27

MOTION made and seconded to oppose Act 60 as enacted by the Legislature of the State of Vermont consistent with the community's rights under Article VII of the Vermont Constitution. While supportive of the need to improve educational opportunities statewide, the Stowe community resolves to continue its opposition to Act 60 by every legal, financial, and political avenue available until replacement legislation is established by the state government which takes into consideration the needs of ALL the school children and taxpayers of Vermont.

Gar Anderson had no problem with the resolution, but had a big problem with what it didn't say. While he did not want to get into the details of how the education problem could be solved in Vermont, he felt that the Selectmen and the School Board working together and being pro-active could bring out a better plan and alternative solutions.

Fred Hutchins said he had looked at the alternative funding proposals. Education Revenue Sharing Bill H710, was introduced in the legislature to address issues based on tax burdens vs. tax rates. Proposed legislation such as this was worthy of attention.

MOTION TO AMEND was made by Gar Anderson and duly seconded to add to the resolution a new sentence "The Select Board and the School Board will work together to come up with an alternative solution to Act 60".

Peter Beck spoke against the amendment. He'd been active in the political arena and knew that the Republicans had offered alternatives, some with plans based on income. He urged the Assembly not to approve the amendment.

Gar Anderson felt it was time to be creative. He asked what the Coalition was doing?

Al Schein offered that the Coalition endorsed the revenue sharing plan.

Peter Beck stated the only solution to the problem would be in the political arena.

Terry Dwyer indicated Gar's point was well taken. He spoke about the need for private fundraising to offset the big school budget cuts looming. The School Board would have to keep its nose to the grind stone to keep coming up with creative funding for its own education fund. He felt it was important to be proactive.

Richard Marron stated he did not totally disagree with Gar. If he is reelected to the House, he would like to have something in hand (in the tool box). He didn't feel the Select Board and the School Board could accomplish anything without the help of the Act 60 Action Committee and the Coalition.

Lisa Birmingham offered that she supported Gar in that he wants Stowe to be a part of the solution, not part of the problem.

Gar Anderson felt it needed to be a Coalition effort and the Town of Stowe should work with the Coalition and the Act 60 Action Committee. Therefore, he made a friendly MOTION TO THE AMENDMENT (which was duly seconded) to read: "The Stowe Select Board and School Board will work with the Act 60 Action Committee and the Vermont Coalition of Municipalities to come up with alternative solutions to Act 60".

Steve Riley thought Gar should drop all his motions. He felt the Town might not agree with the Coalition.

MOTION TO CALL THE QUESTION ON THE AMENDMENT TO THE AMENDMENT made by Kent Mitchell. MOTION PASSED.

MOTION TO CALL THE QUESTION ON THE AMENDMENT AS AMENDED PASSED. MOTION TO AMEND THE AMENDMENT PASSED.

On the Main Motion, as Amended:

Frank Kellogg asked what the financial ramifications would be? John Steele of the Act 60 Action Committee indicated the group had spent $10,000 to date. Steven Riley said the Town had spent $25,500.

MOTION TO AMEND made by Charles Lusk, duly seconded by Richard Marron He felt uncomfortable with the word "opposed." The amendment just approved was not setting any parameters.

Patricia Healy Sullivan felt there was no reason to have the Article at all. MOTION TO AMEND WAS DEFEATED.

On the Main Motion, as Amended: "Will the Town in Town Meeting, consistent with the community's rights under Article VII of the Vermont Constitution, vote to oppose Act 60 as enacted by the Legislature of the State of Vermont? While supportive of the need to improve educational opportunities statewide, the Stowe community resolves to continue its opposition to Act 60 by every legal, financial and political avenue available until replacement legislation is established by the state government which takes into consideration the needs of ALL the school children and taxpayers of Vermont. The Select Board and the School Board will work with the Stowe Act 60 Action Committee and the Coalition of Vermont Municipalities to come up with alternative solutions to Act 60". MOTION PASSED.

Art 28

Fire Chief Wendall Mansfield presented the 1998 Cliff Thompson Public Service Award:

STOWE FIRE DEPARTMENT-CLIFF THOMPSON PUBLIC SERVICE AWARD March 3, 1998 The 1998 nominee for the Cliff Thompson Public Service Award came to Stowe in 1955 to teach in the Stowe Public School system where he remained until 1963. He took a leave for the 1963-1964 school year lo altend graduate school at Texas A & M. He returned in the fall of 1964 lo teach at the Stowe High School and act as Guidance Counselor. In 1965 he became the principal of the Stowe Public School, which he continued to do so until 1970. In 1970, he became the Mt. Mansfield Union School District Supervisor carrying out his duties there until retiring in 1990.

Besides his accomplishments as a teacher and principal for the town of Stowe, he has been very involved with the community in which he has resided since 1955. From 1960 to the present, he has been involved with the Boy Scouts of America as a Merit Badge Counselor, with the Troop Committee, and with adult leadership training.

In September 1975, he became a member of the newly formed Stowe Rescue Squad and remains active to this day. During his service he has been certified to the level of EMT-I, serving as a crew chief and an ambulance driver. Besides taking call for the squad, he has been a training officer for one year, scheduling officer for two years, and served on the Board of Directors for four years. During this same period he also became certified as a CDL license instructor and examiner for the State of Vermont for school bus drivers.

Other services to the community and rescue squad included six years as representative to EMS District 4 Board, being elected chairperson for four years. In 1980 he became certified to teach CPR and since that time has taught CPR and Standard First Aid to the community as well as the fire and rescue departments, a service which he still offers. He has taught CPR and First Aid to local businesses at no charge for his services. He has also served as a Justice of the Peace since 1994 to present.

The 1998 recipient of The Cliff Thompson Public Service Award is Ralph S. Barrows. A standing ovation was given to Mr. Barrows.

There being no further business to come before the Assembly, MOTION TO ADJOURN was made by Richard Dillon, duly seconded and PASSED. Meeting was adjourned at 12:45 pm

Australian Ballot Results

CONCURRENT TO THE TOWN MEETING, the polls of the Town of Stowe and the Stowe School District were opened at 7: 00 a.m. and closed at 7:00 p.m. The results of the Australian Ballot were as follows:

Town Moderator -1 year: WILLIAM A. KELK 1322; George Allen 1; Ralph Barrows 2; Allison Bell 2; Canute Dalmasse 2: Eleanor Earl 1; Roger Gromet 2; Jay Leonard 1; David Stackpole 3; John Steele 1; spoiled 0; blanks 77.

School District Moderator -1 year; WILLIAM A. KELK 1297; Gil Normand 1; Dan Kelly 1; David Stackpole 4; Paula Wesson 1; spoiled 1; blanks 103.

Selectman - 3 years- STEVEN N. RILEY 1207; George Allen 1: Thomas Amidon 1; Carl Bailin 1; Ralph Barrows 1; Helen Beckerhoff 2; Harry Burnham 1; Jim Cunningham 1; Shamus Daly 1; Paul DeCelle 1; Leighton Detora 1; Peter Durvich 1; Eleanor Earl 1; Nat Goodhue 1; Becky Graddock 1; Omar Graddock 1; Kurt Hanson 1; Edmund Izzo I: Fred Killingbeck 1; Joe King 1; David Kneale 1; Larry Lackey 1; William Lelpert 1; Ken Libby 1; Gil Normand 1; Susan Parda 1; Dale Percy 1; John Smith 1; Alan Thorndike 1; Pat Von Trapp 1; Paula Wesson; spoiled 3; blanks 10.

Selectman - 2 years: PETER J BECK 1245; Bob Boretree 1; Reba Bouchard 1; S. Campbell 1; Robert Chase 1; Sonny Davis 1; David Demerltt 3; Harlan Durgan 1; Jon Hanson 1; Fred Killingbeck 1; Ann Lusk 1; Gil Normand 1; Tari Prinster 1; Pat Sullivan 1; Paul Percy 1; John Steele 1; Paul Percy 1; spoiled 2; blanks 143.

School District Director - 3 years: REBECCA GRADDOCK 883; Paula Wesson 472; Marlene Davison 1; Janet Godin 1; Robert Martin 1; Paul Miller 1; spoiled 8; blanks 46.

School District Director - 2 years: FREDERICK J. HUTCHINS 1230; Bill Bosch 1; Carroll Brotbers 1; R Davison 1; David Demeritt 1; Leighton Detora 1; Rebecca Graddock 1; Edward Kaiser 1; Gil Normand 1; Barbara Pfitzenmayer 1; Randy Schievella 1; Richard Story 1; Paula Wesson 3; spoiled 0; blanks 165.

Lister-3 years: PAUL E. PERCY 1209; George Allen 1; David Demeritt 1; Dan Donza 1; Roger Gromet 2; Kurt Hanson 1; Henry Hastings 1; Bill Kelk 1; Joe Kool 1; Fred Killingbeck 1; Frank Lackey 1; Jack Morrissey 1; Gil Normand 1; Dale Percy 1; Jack Pickett 1; Gordon Ransom 1; Paula Wesson 1; spoiled 1; blank 186.

Auditor-3 years: BARBARA S. ALLAIRE 1271; Gil Normand 1; Alan Thorndike 1; spoiled 0; blank 139.

Constable - 1 year: LEIGH TABOR, SR 1296; Chris McHuqh 1; Gil Normand 1; spoiled 0; blank 113.

Art 4

As to the Town authorizing the Board of Selectmen to reconstruct the Mayo Farm Barn Complex and utilize an area not to exceed 2.5 acres to house the Stowe Highway Department. Funds for the construction of the new garage facility are to come from a $325,000 Trolley Grant for the purchase of the existing Highway Garage, $40,000 from an approved FY98 appropriation, and such funds as may be appropriated in the FY99 Capital Budget in Article 20. Additional uses for the house/barn complex are not precluded by this authorization and may be the subject of future votes: NO 766; yes 620; spoiled 2; blanks 24. ARTICLE DEFEATED.

Art 5

As to Shall general obligation bonds and/or a twenty-year no-interest loan from the state of Vermont for a total amount not to exceed two million dollars ($2,000,000) be issued to the Town of Stowe for the purpose of expanding and improving the water system within the Town of Stowe. Said projects, complete with engineering costs, are estimated to cost two million dollars ($2,000,000) and consist of the construction of a water treatment plant, new transmission lines and spur lines. Payback to be from user fees and guaranteed by the Town. YES 1009; no 365; spoiled 2; blank 36. ARTICLE PASSED.

Art 6

As to: Shall the voters of the Stowe Town School District appropriate $6,101,637 necessary for the support of its schools for the year beginning July 1, 1998 of which $5,401,625 shall be for current expenses and $640,012 shall be for capital Improvements. YES 510; no 495; spoiled 0; blanks 7. ARTICLE PASSED.

ATTEST: