– Weekly –
25 5 OFF
SPEND $ GET $
ECRWSS PRESORTED STANDARD U.S. POSTAGE PAID DENTON PUBLICATIONS
MEAT SPECIALS
DELI SPECIALS
PRODUCE SPECIALS
Boneless Beef Chuck Roast $
12” Regular Grinder $
Greg's Jumbo Eggs $
Pork Spare Ribs $
(7 flavors)
3.99 lb. 1.99 lb.
7.50 ea.
Chicken Wings Pla
4.99 lb.
$
We Accept Credit Cards & EBT Cards Open Mon.-Fri. 6am-7pm, Sat. & Sun. 8am-6pm
2.69 doz.
Cabot Dips $
tters available for both!
1.99 ea.
•
3 Elm Street, Middlebury, VT 05753 — (802) 989-7651 —
VERMONT
January 25, 2020
PO Box 338 Elizabethtown NY 12932 Postal Patron
New line of party snacks!
238733
Published by Denton Publications, Inc.
Serving Addison, Rutland & Chittenden Counties
SUPREME COURT LISTENS TO ACT 46 CASE IN MIDDLEBURY By Lou Varricchio
More than 200 attend controversial hearing
EDITOR
High taxes, excessive insurance premiums, rising utility costs, and more are keeping many Vermonters stuck in a crisis of affordability. Pictured: Middlebury’s South Village affordable housing units. Photo provided
Leaders worry about policies that hurt Vermonters
M I D D L E BU RY | T he outcome of a Vermont Supreme Court hearing, held at Middlebury College on Jan. 15, will likely decide the fate of controversial Act 46, the state’s school-merger law. While the judges won’t rule on the case for weeks, possibly months, education officials, parents, high school students, and other stakeholders were in attendance at the public hearing held in the college’s McCullough Student Center.
After a public hearing held at Middlebury College Jan. 15, Vermont Supreme Court justices will decide the fate of Act 46 sometime in the new year.
High taxes, fuel costs still plague low income earners By Lou Varricchio EDITOR
MIDDLEBURY | Several Vermont lawmakers and community leaders are expressing concerns that harsh state policies, rules and regulations continue to negatively affect the lives and livelihoods of lower income Vermonters. The policies may also contribute to the demographic crisis mentioned by Gov. Phil Scott’s recent State of the State Address. According to Rep. Pattie McCoy (R-Poultney), the State House minority leader, many Vermonters are struggling to make ends meet. “High taxes, skyrocketing insurance premiums, escalating utility costs, and more, are keeping many stuck in a crisis of affordability,” McCoy said last week. “At the same time, small businesses that have been the bedrock of our towns and villages are struggling with excessive regulations, a labor force shortage, and intense competition from tax-friendly states like New Hampshire. It is no wonder so many Vermonters are leaving our state.” McCoy thinks this downward spiral in Vermont can be reversed. See POLICIES » pg. 2
Educators, students, parents and other stakeholders in the Act 46 debate filled a Middlebury campus auditorium for a special Vermont Supreme Court hearing on the law. Photos by Lou Varricchio
Many in attendance were there to get their fi rst look at the state’s five-member supreme court bench. Others were there to better understand the issue as well as the arguments for and against it. The public hearing focused on the case of Athens School District (and others) versus the Vermont Board of Education. The school district’s case against forced mergers was presented to the court by Vermont attorney David Kelley. Assistant Attorney General David Boyd represented the Board of Education in defending the law’s constitutionality. More than 30 school boards are represented in the “Athens” lawsuit. Both attorneys argued vigorously, for and against, often citing arcane sections of the law including the history of the law as well as specific lawmakers involved in craft ing
Act 46 leading up to it being signed into law by Gov. Peter Shumlin (D) in June 2015. Visibly nervous in front of the bench and with the campus auditorium fi lled with over 200 attendees, Kelley never-the-less articulately argued the school district’s antimerger case along state constitutional lines. He demonstrated that the civilian board created by the legislature to enforce Act 46 has extra-municipal powers that fall far outside what the Vermont Constitution describes. And because school districts are actually municipal governmental bodies, with their own elected officials, an unelected body deciding the fate of school merges is unconstitutional. Boyd vigorously defended the constitutionality of the law; he stressed that the Act 46 board and the process are a democratic process. During the defense, he frequently consulted a large, three-ring binder volume
of the law and was able to cite, chapter and verse, why the Board of Education believes the law is constitutional. “The state legislature decided there was a statewide problem that needed to be addressed,” Boyd said. “(In 2015, when the law went into effect) there was declining enrollment that was unevenly distributed around the state.” In arguing against Act 46, Kelley told the judges that the school-merger law challenges the constitutional rights of local voters to decide on how to handle their local schools. A centralized, appointed authority making the decisions did not sound like “democracy” to Kelley. He was also puzzled about the intent of Act 46 and how it is being implemented statewide. “The understanding was (as the law so states…that) if it’s not necessary to merge you, if you are indeed an affordable school with good outcomes, then this bill seeks to leave you alone,” he said. None of the justices found fault with Kelley’s reading of Act 46’s intent. In reaction to Kelley and one justice’s comment about an appointed board deciding the mergers, Boyd reacted with confidence. “This is fundamentally a democratic process,” he told the justices. “The state legislature decided there was a statewide problem it needed to address (and) that there was declining enrollment that was unevenly distributed around the state.” After nearly 90 minutes, the gavel sounded and the justices left the stage. Their decision will be announced in the coming weeks. ■
The end of wind power in Vermont Dairy Air Wind project closes By Lou Varricchio EDITOR
Dance trance
Artist Meshi Chavez believes that radical engagement requires radical attentiveness. This publicCome inquiry Join Us atinto the “performativity” is crucial to the inception and development of a thought-provoking Middlebury College project directed by Karima Borni in collaboration with Chavez, accessing embodied presence to cultivate authenticity and responsiveness. This Dance Company of Middlebury event will be held Friday, Jan. 24, at 7:30 p.m., and Saturday, Jan. 25, at 7:30 p.m. at the Mahaney Arts Center, Dance Theater on campus. For ticket details, call 802-443-3168.
2020 Vermont Farm Show Champlain Valley Fairgrounds Tuesday, January 28: 9 am – 5 pm
Photo by Jonathan Hsu
MIDDLEBURY | First it was nuclear, then coal. Now, wind power is on the chopping block in NIMBY Vermont. Last week, officials of Dairy Air Wind, the last remaining wind energy project being developed in Vermont, announced the ending of all development activities surrounding the project. Project partner, multi-millionaire David Blittersdorf of Hinesburg cited Vermont’s hostile to wind energy as the leading cause for the death of the project. Dairy Air Wind was intended to be a single-turbine project sited in a cornfield on the Champney family’s 450-acre dairy farm in Holland, Vermont. “In 2012, there were over a dozen wind projects in development. Now there are none. This is truly a sad state of affairs for Vermont,” said Blittersdorf. “Climate change is the greatest challenge of our time. We must combat the carbon emissions crisis and move to a renewable energy based future. We simply can’t do this without wind energy as part of the mix. Anyone who tells you otherwise either doesn’t understand the science, or is lying.”
According to Vermont activist Annette Smith, “In no way did the PUC or Governor Scott do anything to disadvantage Blittersdorf’s case. Blittersdorf chose not to meet the requirements that every other wind developer at the time was required to meet. If anyone is to blame for this project failing, it is David Blittersdorf.” ■
Vermont’s Dairy Air Wind project came to end last week. It was Vermont’s last, large-scale wind energy project. Statewide opposition has put an end to wind power in the state. Photo by Dirk Ingo Franke
MARK YOUR CALENDAR SO YOU DON’T MISS THE
2020 Vermont Farm Show! January 28th – January 30th Champlain Valley Fairgrounds, Essex Jct., VT See our ad inside for more details.
238354