Rutland Daily Herald from Rutland, Vermont • 9

RUTLAND DAILY HERALD, TUESDAY MORNING, FEBRUARY 28, 1989 State State Expects Another Surplus Judge to Decide Middlebury Vote By ED BARNA MIDDLEBURY Judge Frank Mahady will announce Tuesday whether Middlebury Union High School district voters or the elected school board will prevail in an argument over the budget for next year. The board wants to increase the budget 16 percent and is asking for approval of that amount on Town Meeting Day, March 7. The Taxpayers League petitioned the court to stop the vote on the budget because the board refused to place a separate item on the ballot. The taxpayers want to allow a vote on a 5 percent budget increase, if the larger increase is rejected by voters. The taxpayer.

group is also upset about plans to buy a 112-acre site for $477,000 to be used for a new school. During the hearing at Addison Superior Court both lawyers, Gerard Trudeau, for the citizens, and Richard English, for the board, agreed to have all issues decided at once. Arguments on including the 5 percent budget vote were limited to written petitions to the court. Durinjg the open court session, Trudeau called Superintendent Dale Lanphear to talk abaout the school site. He wanted it on the record that the purchase was premature because no one had yet approved a new school.

In written reply to the citizen petition, English argued against granting the injunction preventing the vote. The Senate, which could vote this week on the $1.9 million farm subsidy, is expected to pass the bill. Kunin is in Washington this week attending the National Governors Association winter meeting and could not be reached for comment as to whether her veto threat still stood in light of the new surplus projections. Oreste Valsangiacomo, D-Barre, chairman of the House Ways and Means Committee, said Monday that although he had not reviewed the new surplus projections, he believed that a surplus of $10 million should allow the state to cut taxes while fulfilling its obligation to handicapped children and farmers. The question is, can we afford a tax cut?" Valsangiacomo said in a telephone interview.

Maybe we can. If it looks like the surplus is going to be between $10 million to $12 million, I think we should be able to do it. But it could not be more than a one percentage point cut. If we can do it, my recommendation would be to go to (a state income tax rate of) 24 percent and make it permanent. The House Ways and Means Committee is expected to vote on the tax cut later this week.

Last year, the Legislature enacted a two percentage point income tax cut lowering the 1988 tax rate to 23 percent of federal liability. However, on Jan. 1 the tax rate reverted to 25 percent. Vermont is one of the few states in the counrty where the state income tax is calculated as a percentage of the federal income tax rate. Menson said his surplus figures were conservative estimates based on a review of revenues collected to date and those which need to be collected over the next four months.

However, on Monday morning the administration reportedly told members of the House Appropriations Committee that beyond the conservative figures, the 1989 surplus could go as high as $30 million. On the optimistic side, the administration could pick up $30 million more in revenues, said Rep. Peter Youngbaer, D-Barre. In an interview on Monday Menson said the administration would not be ready to commit to a firm surplus figure until after March. That is the month when the tax department makes most of its refunds and finds out how much revenue it will collect on corporate income taxes.

The Kunin administration has a history of making conservative revenue forecasts. Last year it projected a $25 million surplus. When all the revenues were counted, the surplus exceeded $70 million. Based on calculations by members of the House Appropriations Committee, lawmakers could use $2,6 million from the projected 1989 surplus this year to cover special education and the farm subsidy. By NANCY WRIGHT ermont Press Bureau MONTPELIER Lawmakers could have an additional $5 million to $10 million more to play with in fiscal year 1989 and still lower the state income tax rate by one percentage point for calendar year 1989, according to a conservative update on forecasted state revenues presented to a House panel on Monday.

Our original surplus for 1989 was at $5 million. But now were saying that that could go to $10 or $15 million, said Administration Secretary Thomas Menson. That means the state could afford to cut taxes to 24 percent from 25 percent of the federal liability, and also have enough money to cover the $700,000 shortfall in special education as well as pay the $1.9 million subsidy to Vermont dairy farmers, said some lawmakers and budget analysts. According to what theyve told us today, the committee has determined that theres enough money for those programs, said Michael Obuchowski, D-Bellows Falls, chairman of the House Appropriations Committee. Several weeks ago, the House voted overwhelmingly in favor of the farm subsidy, but it has not yet voted to make up the shortfall in special education.

Because of the tight fiscal year proposed for 1990, Gov. Madeleine M. Kunin opposes the subsidy and has threatened to veto the measure when it reaches her desk. Mayoral Candidates Reveal Finances State Asks Judge to Reconsider Land Case Vermont Press Bureau MONTPELIER The state of Vermont filed a motion Monday asking Washington County Superior Court Judge Ellen Maloney to reconsider her decision in the Westmore land case. Earlier this month, Gov.

Madeleine M. Kunin successfully obtained a court order that blocked a Connecticut man from selling his 3,135 unspoiled acres in Westmore to a New Jersey man. At that time, the state argued it had entered into an agreement to buy the land itself. However, on Feb. 17, Maloney decided that the state did not have a binding contract with Robert Delaney.

Her decision freed the landowner from Connecticut to complete his land transaction. Maloney based her decision in part on the fact that Delaney had never put his signature to any formal agreement with the state. However, if Maloney agrees to hear the case again, the state will argue that enough evidence exists to show that Delaney did have an agreement with the state, said Assistant Attorney General William Griffin. Further evidence to support that claim is likely to come from a deposition that Griffin obtained from Delaney last week. Delaneys attorney! will have 15 days to respond to the states request, after which Maloney will make a decision as to whether to grant a new hearing.

BURLINGTON Independent mayoral candidate Peter Clavelle has so far raised $27,322 toward his campaign effort $8,000 more than Democrat Nancy Chioffi, In campaign finance forms filed Monday, Clavelle listed total contributions of $27,322, total expenditures of $24,287 and no deojt. Chioffi listed total contributions of $20,629, total expenditures of and debts of $4,600. Contributions collected by the two. frontrunners far outpaced the other two candidates, Burlington Greens candidate Sandra Baird and taxpayer revolt candidate Michael Hackett. Baird listed total contributions of $1,744 and expenses of $906.

Hackett did not file a form, indicating he has received less than the $100 after which forms post be filed. Hackett, at a recent forum, said he had raised fcbout $60, and was giving half of tt to charity. The financial disclosure forms tell little about how much candidates will raise and spend in the final days of the race, because' the next filing does not occur until after the Town Meeting Day election. If candidates in the last week receive substantial contributions they can dump large sums of money into advertising in the waning days of the contest. Chioffis financial report included a $50 donation from David Schafer, the public relations specialist working for Central Vermont Railway on pushing its new commercial-condominium waterfront plan.

Chioffis filing also showed contributions from some nent Republicans, including $200 from Sen. George Little, R-Chittenden and $100 from Sen. Hilton Wick, R-Chittenden. Chioffi also showed a $200 contribution from Burr Vail, the unsuccessful Republican Senate candidate who spent more than $20,000 last fall on his campaign and a $750 contribution from her father, Lyman Wood. 4 lights I lOO's WARN I NG FOR ANNUAL TOWN MEETING MARCH 6 and MARCH 7, 1989 The legal voters of the Town of Wells are hereby notified and -warned to meet at the Multi-purpose room of the Wells School.

Building in said Town on Monday, March 6, 1989 at seven-thirty o'clock in the evening and at the Woodmen Memorial Hall on Tuesday March 7, 1989 at ten o'clock in the morning; on these days to consider and set upon the following propositions: 1. To elect Town Officers as required by law for the ensuing year. 2. To receive the reports of the Town Officers for the past 3- To see if the Town will vote to appropriate the sum of $100.00 fpr the work of the Rutland County Humane Society. To see if the Town will vote to appropriate $3,000.00 for the Village Library requested by them of the Town for the year J9891990 5.

To see if the Town will vote to appropriate $900.00 toward support of the Rutland Mental Health Service. 6.. To see if the Town will vote to appropriate $1,908.00 for the Yisiting Nurse Association. 7. To see if the Town will vote to appropriate $3,000.00 to the Granville Rescue Squad for their services to the Town of Wells.

8. To see if the Town will vote to appropriate $525.00 toward 'supporting the work of the Bennington-Rutland Opportunity Council in Wells for the coming year. 9. To see if the Town will vote to appropriate $4,700.00 to the "Wells Volunteer Fire Department, Inc. 10.

To see if the Town will vote to appropriate $2,500.00 to the Lake St. Catherine Association for lake maintenance, 11. To see if the Town will vote to appropriate 900.00 to the -Bennington-Rutland Area Agency on Aging and Nutrition Project for the Elderly for the continuation of their meals program for the elderly in Wells. 12. To see if the Town will vote to appropriate $120.00 to the Center for Independent Living.

13. By petition: To see if the Town will vote to pay the First Constable $6.00 dollars per hour worked and $0.25 cents per mile traveled for his services which would not exceed $10,000.00 dollars for the period of July 1, 1989 thru June 30, 1990. 14. Non-binding Resolution: To see if the legal voters of the town will request that the General Assembly of the State of Vermont enact legislation which would allow a court to impose the death penalty for aggravated first degree murder. 15.

To see if the legal voters will authorize the Town, to collect property taxes for the Town and School annually in two installments, one hart (12) on or before September 10, 1989 and one Jialf (12) on or before March 10, 1990 at no discount and delinquent Interest at the maximum rate allowed by law, as opposed to collecting the Town and School property taxes in one annual installment at no discount on November 1, 1989 with delinquent at the maximum legal rate allowed by law. 16. To see if the town will vote to appropriate the sum of i 24,050.87 plus any accrued interest from Revenue Sharing Fund to be placed in the Town Vehicle Replacement Fund. 17. To see if the Town will vote a sum of money not to exceed I $106,900.00 to be used for maintaining highways.

18. To see if the Town will vote a sum of money not to exceed to be used to defray the general expenses of the own. 18. To see if the Town will instruct the Selectmen to borrow 1'money to defray the expenses of the Town until taxes are collected. 19.

To see if the Town will vote to collect taxes by the treasurer "as the Public Statutes provide. 20. To transact any other lawful business to come before the meeting. Means articles on Australian Ballot. The business part of the meeting will be held on March 6, 1989 at 7:30 p.m.

Polls for the Australian Ballot will open March 7, 1989 at TEN (10) o'clock in the morning and will close at SEVEN (7) o'clock in the evening. at Wells, Vermont this 1st day of February A.D., 1989. Ronald Bremer Norman V. Brown Robert Combs THE BOARD OF SELECTMEN A True Copy. Attested and duly recorded as required by law.

Lance E. Hopson Town Clerk tobaccos Available in King Size and lOOs, Full Taste and Lights. tMMOTCo SURGEON GENERAL'S WARNING: Cigarette Smoke-Contains Carbon Monoxide. lights Kings. mg.

0.9 mg. nicotine; lights 100s, 12 mg. 0.9 mg. nicotine; Kings, 17 mg. "ter.

12 mg. nicotine; 100s, 17 mg. 13 mg. nicotine av. per cigarette by FTC method..