News 2008-05-22 Andanh.com

Defense rests in Rooney trial Wed, 21 May 2008 10:45:00 EST
Case to go to jury Thursday

Police Chief McQueen placed on leave again Wed, 21 May 2008 06:03:00 EST
Winooski City Manager Joshua Handverger has placed Police Chief Steve McQueen on paid administrative leave and the City Council will hold a hearing June 2.

Shelburne Farms hosts Envirothon Wed, 21 May 2008 00:00:00 EST
Students from all over state test ecological knowledge.

South Burlington voters OK budgets Wed, 21 May 2008 00:00:00 EST
Voters passed city and school budgets, and approved the use of sales tax revenue to fund a portion of the cost of adding six firefighters to the department Tuesday.

South Hero child-center expansion breaks ground Wed, 21 May 2008 00:00:00 EST
Following a five-year, $1 million capital campaign, the Champlain Islands Parent Child Center broke ground this month on a long-awaited expansion to its South Hero facility.

Logan, Ava make run to top of baby names Wed, 21 May 2008 00:00:00 EST
Logan and Ava were Vermont's top choices for the names of male and female babies in 2007.

Bush signs Welch's oil bill Wed, 21 May 2008 00:00:00 EST
President Bush has signed legislation by Rep. Peter Welch of Vermont to stop stockpiling oil in the nation's emergency reserve and use it to help lower the price of gasoline.

Mud, snow to greet Memorial Day hikers Wed, 21 May 2008 00:00:00 EST
Memorial Day kicks off the summer hiking season, but the summits are still mired in mud and snow.

Who's running: Betty Lacharite, No. 109; Don Lacharite, No. 110 Wed, 21 May 2008 00:00:00 EST
Runners in this region know Don and Betty LaCharite. They're the spitfire septuagenarians who finish each other's sentences and live to run.

Leahy: 'Everybody is down' Wed, 21 May 2008 00:00:00 EST
Vermonters react to Sen. Kennedy's cancer

Accommodating breastfeeding at work: It's the law Wed, 21 May 2008 12:37:00 EST
Come July, employers across the state will have to consider how they might accommodate employees who want to continue to breastfeed their infants after returning to work.

Vermont business expo expects 3,000 people Wed, 21 May 2008 09:10:00 EST
Annual event begins today at the Sheraton

ISP glitches hamper Vermont Net service Wed, 21 May 2008 00:00:00 EST
Problems traced to Colorado provider

Making St. Albans "Hopeful' Wed, 21 May 2008 10:50:00 EST
Dance performance set to inspire, raise awareness

Horoscope Wed, 21 May 2008 00:00:00 EST
Today's Predictions

My Turn: Time to look at alternative energy Wed, 21 May 2008 12:34:00 EST
It's time to apply Yankee ingenuity to the development of photovoltaic batteries, fuel cells and other energy storage systems. It's time to free ourselves from fossil-fuel dependency and start paving the way to a hydrogen-based economy.

My Turn: Stopping malaria with bed nets Wed, 21 May 2008 06:03:00 EST
Imagine a million sighs echoing across the continent of Africa, each one distinct, mournful, eerie. These sighs come from mothers, fathers, brothers, sisters, aunts, uncles, grandparents, and cousins; anyone who has lost someone they love to malaria.

Letters to the Editor Wed, 21 May 2008 00:00:00 EST
The Free Press publishes thousands of letters to the editor every year. Here are today's letters:

Editorial: Stop hampering state on climate-change efforts Wed, 21 May 2008 00:00:00 EST
Vermont went to court last year against the auto industry and won.

Wardian wants Vermont victory Tue, 20 May 2008 22:46:00 EST
Michael Wardian is a maniacal long-distance runner who lines up goals and knocks them over like bowling pins.

High school lacrosse: Middlebury boys snap Essex streak Wed, 21 May 2008 20:31:00 EST
ESSEX — Lance Robinson scored four goals and set up three more as Middlebury Union High School ended Essex's 10-game boys lacrosse winning streak with a 12-9 victory Wednesday afternoon.

High school softball/baseball: Lyndon extends win streak to 66 Wed, 21 May 2008 20:28:00 EST
SOUTH BURLINGTON — The Rice Green Knights made a determined bid Wednesday to end Lyndon Institute's lengthy high school softball victory streak.

SPORTS: Wednesday's Vermont games and Thursday's schedule Wed, 21 May 2008 19:58:00 EST
Wednesday's game as reported to the Free Press Sports Department and Thursday's schedule. Check for updates or check Thursday's print and online editions for details.

SPORTS: UVM's Serafin is America East's pitcher of the year Wed, 21 May 2008 19:41:00 EST
ISLANDIA, N.Y. -- Joe Serafin (Tariffille, Conn.) of the University of Vermont was named America East Pitcher of the Year to highlight seven Catamounts who were recognized by the conference in its annual baseball awards announced by the league at its awards banquet Wednesday night.

BHS lands New England championships Wed, 21 May 2008 11:15:00 EST
Track showcase coming to town in June 2009

Vermont scores Wed, 21 May 2008 00:00:00 EST
Tuesday's results and summaries

Becoming too late Wed, 21 May 2008 00:00:00 EST
The twin disasters in China and Myanmar challenge complacency, reminding us of how life on Earth remains a precarious project, both ennobling and tragic. ...

Hypocrisy with chutzpah Tue, 20 May 2008 00:00:00 EST
President Bush's comments before the Israeli parliament last week were not only hypocritical and foolish. They were a symptom of a larger failing afflicting American foreign policy. ...

Pyramid touts benefits of time in salt cave Wed, 21 May 2008 00:00:00 EST
A cave with floors and walls made from 2-1/2 tons of Himalayan salt has been calling the basement of a downtown Rutland building home since the start of the year. ... - By KAYLA TOHER Herald Correspondent

Vitamin D may help curb breast cancer, study finds Wed, 21 May 2008 00:00:00 EST
Breast cancer patients with low levels of vitamin D were much more likely to die of the disease or have it spread than patients getting enough of the nutrient, a study found -- adding to evidence the "sunshine vitamin" has anti-cancer benefits. ... - By MARILYNN MARCHIONE The Associated Press

Health Talk: Mothers, babies and thrush Tue, 20 May 2008 19:47:00 EST
Thrush (also yeast infection or candidiasis) is the overgrowth of an organism that ordinarily lives harmlessly on the skin and in the gastrointestinal and vaginal tracts. ... - By DIANE DRESSLER

Victim's family: Hospital care killed man Wed, 21 May 2008 00:00:00 EST
The family of a Mount Holly man who died three years ago at Rutland Regional Medical Center after an automobile accident is arguing that the hospital's care, not the crash, killed him. ... - By BRENT CURTIS Herald Staff

Series of charges sends teen to city jail Wed, 21 May 2008 00:00:00 EST
A Fair Haven teen referred to as a "one-man wrecking crew" by police last year is back behind bars after new charges were brought against him in April. ... - By DAWSON RASPUZZI Herald Staff

Beyond the maximum Wed, 21 May 2008 00:00:00 EST
High school students at West Rutland School have conducted some fast research -- about 7 mph faster than it should be. ... - By DAWSON RASPUZZI Herald Staff

Otter Creek zoning fix on hold for now Wed, 21 May 2008 00:00:00 EST
The fate of a proposed apartment complex off Campbell Road in Rutland won't be decided for at least two weeks. ... - By BRENT CURTIS Herald Staff

Middlebury votes to OK option tax Wed, 21 May 2008 00:00:00 EST
MIDDLEBURY -- The local option tax takes effect in October. ... - By GORDON DRITSCHILO Herald Staff

PTSD talk coincides with holiday events Wed, 21 May 2008 00:00:00 EST
The Rutland Veterans Council will host a talk on post-traumatic stress disorder Monday as part of Rutland's Memorial Day observances. ...

Man denies charge of assault on woman Wed, 21 May 2008 00:00:00 EST
A Danby man pleaded innocent in Rutland District Court on Monday to allegedly assaulting a pregnant woman. ...

The profligate star Tue, 20 May 2008 23:02:00 EST
Two brilliant stars in the sky tonight, Arcturus and Spica, present a striking example of the difference between appearance and reality. Remember: arc -- of the Big Dipper's handle -- to Arcturus, and speed on to Spica. Arcturus appears to be the brighter one, but in reality Spica is 15 times brighter than Arcturus. ... - By DR. ERROL POMERANCE

Officials say cigarette butts caused city fire Tue, 20 May 2008 13:27:00 EST
Rutland City fire officials said cigarette butts tossed into a trash can Monday morning apparently were still smoldering and ignited a fire later in the afternoon that gutted a River Street home. ... - By BRENT CURTIS and ALAN J. KEAYS Herald Staff

Fluoride issue off the ballot Tue, 20 May 2008 00:00:00 EST
The city aldermen on Monday brushed aside a proposal to ask voters whether they wanted the city to continue adding fluoride to its water supply. ... - By BRENT CURTIS Herald Staff

Mill River student dies after crash Tue, 20 May 2008 12:49:00 EST
A Mill River Union High School student was killed in a car crash Sunday. ... - By SARA-MEGAN WALSH Herald Staff

Act 250 hearing focuses on $25.7M CSC project Tue, 20 May 2008 00:00:00 EST
The Act 250 commission on Monday heard more than two hours of testimony from representatives of Castleton State College, the town, residents and architectural firms involved in the college's proposed $25.7 million project, before the commission recessed. ... - By DAWSON RASPUZZI Herald Staff

Christmas in July? Tue, 20 May 2008 00:00:00 EST
With summer quickly approaching and the mercury in thermometers on the rise around the state there is a prediction for three weeks of snow in Chester starting the last week of May. ... - By DAWSON RASPUZZI Herald Staff

Forest Park residents all ears Tue, 20 May 2008 12:50:00 EST
Approximately 40 local residents attended the third community forum to discuss the revitalization of Forest Park. ... - By SARA-MEGAN WALSH Herald Staff

Cemetery burglars still on the loose Tue, 20 May 2008 00:00:00 EST
WALLINGFORD -- Vermont State Police are looking for burglars who made off with a pair of lawnmowers from a cemetery. ...

Windsor side judge to fight sanctions Wed, 21 May 2008 00:00:00 EST
WOODSTOCK -- Windsor County Assistant Judge William Boardman vowed Tuesday to fight sanctions from the Judicial Conduct Board, and questioned whether Windsor County could function with only one assistant judge for the length of his proposed six-month suspension. Boardman, 70, of Woodstock, said the sanctions proposed by the disciplinary board overstepped its authority, since he is an elected side judge, who by law is one of two county administrators for Windsor County. Boardman said the Judicial Conduct Board wants to suspend his duties as a judicial judge and an administrative judge, and he questioned whether the board had that authority. And he noted the board's sanctions against him dealt with his administrative duties, not his judicial work in uncontested divorce cases and small claims court. Boardman reiterated his complaints that the proposed sanctions were politically motivated, and noted that the other side judges who made the same decisions regarding Emerge Family Advocates faced no disciplinary action. The county's other assistant or side judge, David Singer of Hartland, said Tuesday he had no comment on Boardman's problems with the Judicial Conduct Board. Singer does not sit as a board member on Emerge, unlike Boardman. Singer said county staff and members of the administrative staff of the Vermont Supreme Court were researching the ramifications of Boardman's pending six-month suspension. But Boardman was adamant that Windsor County government "requires the concurrence of the side judges -- plural, not just one." "With no assistant judge to hear small claims cases, that docket would be further stressed by the need to bring in acting judges to hear cases. The small claims caseload has almost doubled in the past year, from 162 pending cases in April 2007 to 320 cases in April 2008. The small claims docket has grown to about three-quarters the size of the Superior Court docket, which had 431 pending cases as of April 2008. Boardman is the only Windsor County side judge trained to hear small claims cases. The Judicial Conduct Board imposed a six-month suspension on Boardman as side judge, but the sanction must be affirmed by the Vermont Supreme Court before it takes effect. At the same time, Boardman has 30 days to appeal the recommended sanction. The disciplinary sanctions deal with Boardman's dual role with Emerge Family Advocates Inc., a non-profit organization in White River Junction that offers a location for court-ordered visitation. Boardman sits on the board of Emerge, and as side judge sold county property to Emerge for its headquarters. The sanctions would prohibit Boardman from sitting on cases, as well as acting as one of the county's administrators. Boardman issued a press release over the weekend, saying the sanctions on him would actually hurt Windsor County, by disrupting county business. He also said the 30-page decision from the Judicial Conduct Board was filled with inaccuracies and vowed to appeal. Under Vermont law, each county elects two side or assistant judges whose responsibilities include being the administrative officers for the county -- formulating the county budget among other duties. Singer, who was elected in 2006 and took office in 2007, said that so far he has been unable to find any precedent for Boardman's potential six-month suspension from his duties as judge. "What would happen if a judge died? I don't know," Singer said. Patricia Gabel, a spokeswoman for the Vermont Supreme Court, said since the issue of the impact on Windsor County business had been raised by Boardman in his press release as a potential issue in his appeal, it would be inappropriate for the court to comment. "This may be an issue raised by Judge Boardman on appeal," she said. Robert Keiner, a Middlebury lawyer who is chairman of the Judicial Conduct Board, said the Vermont Supreme Court would have the final say on whether Boardman is suspended for the recommended six months. "It appears that the judge is trying to shield himself from being sanctioned for misconduct by suggesting that Windsor County is going to suffer," said Keiner. "I don't think the county will be paralyzed if a side judge, if in fact the Supreme Court follows our order." Keiner noted that the full Judicial Conduct Board held hearings on allegations of misconduct by Boardman, heard from Boardman, and made its recommendation last week. At that time, Keiner said he expected Boardman to appeal the sanctions. Keiner said Boardman appeared to be suggesting that a county "couldn't function without both side judges. Surely, that is not the case." Contact Susan Smallheer at susan.smallheer@rutlandherald.com. ... - By SUSAN SMALLHEER Herald Staff

BF elects village president, trustees Wed, 21 May 2008 00:00:00 EST
BELLOWS FALLS -- Bellows Falls village voters elected a new village president Tuesday -- Catherine Goutas Bergman -- and two village trustees. Trustee Stefan Golec won re-election to his seat on the four-member board, along with newcomer Scott Falzo. But two spirited write-in campaigns, launched in the past few days by former Trustee Luise Light and resident Jamey Berrick, complicated the vote counting after the polls closed. Bergman, a former village trustee from the 1990s, easily outdistanced Jim Mitchell, 211 to 156, for the village presidency. For the trustees, Falzo was the top votegetter with 241 votes. Golec was second with 196, Berrick third with 142 votes and Light had 106 votes. Close to 400 people voted in the annual village elections, a good voters turnout sparked by a debate of the future of village government and services. Voters overwhelmingly adopted a $1.5 million village budget on the floor of village meeting Monday night, turning back a fledgling tax revolt targeting the police and fire departments. Bergman, 60, a Bellows Falls native, said she was impressed with the interest and spirit of village voters who talked to her at the polls on Tuesday. She said she met many new people who have moved to the village, attracted by its charm and reasonable real estate prices. Bergman said she wanted to hold "a brainstorming session" in the coming months, similar to a forum held by Vermont Rural Development in the 1990s, to discuss the village's strengths and challenges. "People have told me that the village's self-esteem has gone down in the last decade," said Bergman. "People say, 'Who is Bellows Falls anymore?'" Bergman, a semi-retired teacher, said she felt she was elected because "people were looking for somebody to stand up for the village. "I think it was Chief (Ron) Lake that got the budget passed," she said, referring to the village's new police chief. Bergman said the village should answer the identity question before tackling the perennial issue of merging with the town of Rockingham. Bellows Falls is a village in the town of Rockingham and they share municipal government to a degree. Falzo, who is the owner of a Rockingham service station, campaigned as a team with Golec and Mitchell. All three want to tackle the issue of high village taxes, and said they weren't afraid to cut village services. Falzo, who pointed out he was a newcomer to politics, said his goal was to reduce taxes. He said he wanted the village to explore the possibility of cutting some staffing at the full-time fire department and changing to a paid volunteer staff. He said he also wanted the two department's budgets voted separately in the future. Contact Susan Smallheer at susan.smallheer@rutlandherald.com. ... - By SUSAN SMALLHEER Herald Staff

Cemetery issue has day in court Wed, 21 May 2008 00:00:00 EST
WOODSTOCK -- It was a grave matter, indeed, before the Woodstock Probate Court on Tuesday, when two parties debated the merits of a petition to relocate remains from a private cemetery in Hartland. More than 20 people filled every seat and lined the walls of Judge Joanne M. Ertel's courtroom to listen to testimony regarding a petition by Springfield resident J. Michel Guite, who is seeking to relocate the remains of Noah, Louise and Martha Aldrich from a private cemetery on a farm he would like to purchase in Hartland. Under Vermont law, the parent, child, spouse or sibling of the deceased can file an objection with the court and on Feb. 14, Judge Ertel granted status to Grand Junction, Colo., resident Marcia Neal -- descendent of Noah Aldrich -- allowing her to object. Judge Ertel also granted status to Hanover, N.H., resident Jerome B. King, who buried his parents' ashes in the cemetery in 1983. The case has drawn interest from cemetery preservationists and veterans because Noah Aldrich was a veteran of the War of 1812. In the courtroom, Guite and his attorney, George Lamb, sat at one table while King was accompanied by his son, Daniel King, at the other. Marcia Neal participated in the hearing from Colorado by speaker phone on Judge Ertel's desk. Ertel told the court that she had just received a trial memorandum that morning outlining an agreement between Guite and Neal in which Neal agreed to withdraw her objection and support Guite's petition to relocate her ancestors' remains. Standing over the speaker phone, Lamb asked Neal why she had signed the agreement with Guite. "The problem is that the cemetery is in the middle of private ground," Neal said. "Frankly, I wouldn't want to own land that has someone's cemetery on it." Lamb then called King as a witness. The two sat nearly shoulder-to-shoulder as King acknowledged that the petition made no reference to relocating the remains of his parents, Robert and Dorothy King. Lamb then asked King on what legal grounds he objected to Guite's petition. "I have objections, but I don't think they have legal standing," King said. "It seems to me that the cemetery is an integral whole. Once you start moving bodies you change its character." Lamb then called Guite, who described the cemetery as being in a state of disrepair, saying some of the stones were broken into small pieces and the wooden fence surrounding the cemetery was 30 years old and needed to be painted. "I'm amazed that all these people who are so interested in this cemetery couldn't pick up a paint brush," Guite said. Guite did not have kind words for members of the Vermont Old Cemetery Association, saying that they had gone to the cemetery with shovels to look for signs of other graves. Guite told King that his chief concern was determining who had the right to enter the property and visit the cemetery. "If you want to come, call me. I'll bring lemonade. But don't show up in my driveway and tell me to step aside, you have a right to be there," Guite said. After nearly two hours of testimony, Judge Ertel closed the hearing. She gave King until June 3 to respond in writing to the agreement between Neal and Guite. The Vermont Old Cemetery Association also has until June 3 to provide the court with a legal memorandum outlining their experience in similar cases. Ertel gave Lamb until June 10 to respond and said she will issue a written decision on the case, presumably after then. Outside of the courtroom, Elaine Brousseau, neighbor to the Hartland farm, held up an asparagus fork -- an 8-inch metal tool with two blunt forks on the end -- and said, "This is the shovel we used." She waved pictures of the cemetery taken on April 21, showing what appeared to be a white fence surrounding the cemetery not in need of paint. "What can we do?" she asked to anyone who would listen. "What can we do to correct the lies?" Contact Josh O'Gorman at josh.ogorman@rutlandherald.com. ... - By JOSH O'GORMAN Herald Staff

Town orders old school torn down Wed, 21 May 2008 00:00:00 EST
BENNINGTON -- A demolition order was issued last week for the former Mount Anthony Union Middle School on Main Street after an inspection found the building was no longer safe. Owner Ed Levitt, who bought the school in November 2004 for $200,000 and announced plans to convert it to senior housing, said on Tuesday that he planned to bring the building into compliance with town regulations. "We thought we had someone taking care of that, but now that we've learned that isn't happening, we'll have to find someone else to do it," he said. The demolition order, signed by Bennington Building Inspector and Fire Marshal Larry McLeod, gives Levitt until Aug. 1 to demolish the building. The former middle school was built around 1917 and served as the Bennington High School for about half a century. It was sold by the Mount Anthony Union School Board after a new middle school was built and opened on East Road. Since the sale, there has been little outward sign that the school is being returned to use, although Levitt said he planned to make an announcement soon about a bank which had agreed to provide a construction loan. The Bennington Development Review Board granted a second one-year extension to Green Mountain Senior Living, LLC, in February with the understanding that at least some of the work would begin this year. The former school has been problematic for local authorities. In September, the Board of Civil Authority reduced the value of the approximately 82,000-square-foot building to zero making the property's value about $132,300 based just on the 2.29 acres of land. In a report, three members of the Board of Civil Authority described the building's conditions after a tour on Sept. 12. "Immediately upon entering the structure, a very strong odor of mold, stagnant water and decaying building materials was encountered. ... Broken glass littered all floors throughout the building and plaster ceilings were seen to be sagging and/or collapsed in some areas. ... The gym area was inspected and found to be completely unusable due to a failed floor and heavy mold growth," the report said. McLeod's order said a notice had been sent to Levitt in February alerting him to the violation of town ordinances and the safety issues. "You have consistently been unable to keep the building safe and secured from trespass. You have not followed my directives to address safety issues with the structure," McLeod wrote. McLeod said on Monday the town's police department had also noted a problem with more and more vandalism occurring, with windows being broken from outside the building and other vandalism taking place inside. The demolition order notes that the building's fire alarm is in a constant state of "trouble status," which keeps the fire department from being able to tell whether there is truly a problem there or not. Because many of the building's ceiling tiles have fallen, the sprinkler system would not work properly in the event of a fire, McLeod said, because the flames could rise above the sprinklers. "This structure is unsafe, damaged, dilapidated, insanitary (sic) and unhealthful. It poses a serious risk to the public and fire/law enforcement personnel who would have to enter the building in the event of an emergency," the order said. McLeod said he had not spoken to Levitt as of Tuesday although he had received a message from him. "We welcome the fact that he's trying to bring it up to code, but he has to have it done by Aug. 1 or it will be turned over to the town attorney," he said. According to McLeod, the order would be presented to the Bennington Historic Preservation Commission because of the former school's age and significance to the town. A demolition order issued for safety reasons, however, can't be denied because of historic preservation issues. Contact Patrick McArdle at patrick.mcardle@rutlandherald.com. ... - By PATRICK McARDLE Herald Staff

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