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THURSDAY, MARCH 26, 2015
CALEDONIANRECORD.COM
ESTABLISHED 1837
SPORTS
75 CENTS
COVENTRY
Vermonter Reigns
In Maine
DARTMOUTH
Annual School
Meeting Wasn’t Legal
PAGE B1
‘Animal House’
Accused of Branding
PAGE A3
PAGE A8
SUTTON
ST. JOHNSBURY
LOWER SCHOOL BUDGET
PASSES BY TWO VOTES
DRUG TESTERS STILL PLAN ON DEPOT SQUARE
Burlington Labs Says Nothing To Fear; No Official Plans Yet Submitted To Town
resistance from the community,” said Lowell. “I
almost think people don’t know what we do.”
The company, which collects and processes
urine samples, maintains on its web site that two
new sites are coming soon — Rutland and St.
Johnsbury. Both locations are downtown spots,
and the company believes that is the best place for
the collection sites. The 10 Eastern Ave. location
in St. Johnsbury also houses the Depot Square
Apartments. Burlington Labs plans to lease the
space and has placed a deposit.
“It is centralized,” said Lowell of the benefits
of Eastern Avenue spot. She said her company has
See Labs, Page A8
By dana GRay
Staff Writer
By james jaRdine
Staff Writer
By a razor thin margin, Sutton voters passed the school
budget, Wednesday. Two ballots made the difference after
all day Australian Balloting. The final tally was 48-46.
The budget for the year beginning July 1 is $2,726,195.
After the first school budget was defeated, 67-57, on
Town Meeting Day, the school board cut the budget by
$35,061. Those cuts satisfied enough voters for passage.
There are 705 voters on the Sutton voter checklist.
ST. JOHNSBURY — A laboratory company
hoping to open a urine collection site here still
wants to fill a downtown office space but knows
some local people are against the idea.
Raina Lowell, community coordinator and collection site supervisor for Burlington Labs, believes the negative response to opening a
collection site at 10 Eastern Ave. is based on people not understanding what the sites are about.
“It’s unfortunate that we’ve experienced some
ST. JOHNSBURY
HJELM SCORES DIVERSION
FOR YOUTH SOCCER ATTACK
Made To Apologize For
Punching Volunteer Coach
NORTHEAST KINGDOM
Young Poets Among State’s Best
SJA’s Cara Metivier and
Lake Region’s Emily Klar
Among Top Ten In VT
A St. Johnsbury man who attacked a volunteer coach
during a youth soccer game last year has apologized.
Donald J. Hjelm, 53, penned a written apology to Caledonian-Record publisher Todd M. Smith which was received by Smith on Wednesday. Smith was acting as a
volunteer youth coach when Hjelm walked over and
punched him in the face during a game between 3rd and
4th graders at the St. Johnsbury School on Sunday, September 21, 2014.
“Dear Todd,” begins the typed letter signed by Hjelm.
“I would like to apologize for my reaction to you on the
field in September. It was completely out of character. I
See hjelm, Page A8
LOCAL
SURVEY SAYS: NEK
NEEDS SOME WORK
By Leah caRey
Staff Writer
A
ll the world’s a stage and we are
merely reciting poetry upon it.
Or so might be the story told by two local
young women who competed last Thursday,
March 19, in the state finals for Poetry Out Loud.
The national competition is held at high schools
around the country to inspire high school students to engage with poetry through learning and
recitation. In Vermont, 5,179 students entered the
contest through their high schools. Through
school and regional contests, they were narrowed
down to the ten best in the state.
Amongst the state finalists were Emily Klar, a
PHOTOS COuRTESY Of VERmOnT PBS
sophomore at Lake Region Union High School,
and Cara Metivier, a senior at St. Johnsbury Cara Metivier (left) of St. Johnsbury Academy and Emily Klar of Lake Region Union High
School compete in the state finals of Vermont Poetry Out Loud on March 19.
Academy.
Here are their thoughts on poetry, picking the
How did you choose the two poems you reright poem, and what it was like to be in front of spectacular,
but because it never forgot what it could do. cited at the finals?
television cameras at the Vermont PBS studio.
“Famous” by Naomi Shihab Nye
It took me a while, but I like the ones that I
—————
Emily
Klar,
sophomore,
chose
because they really had meaning to them.
I want to be famous in the way a pulley is faI
liked
communicating that meaning. In “FaLake
Region
Union
High
School
mous,
This was Emily’s second year competing, her mous,” I like the way that the author made you
or a buttonhole, not because it did anything
first year making it to the state finals.
See Poets, Page A8
Orleans, Essex Counties Rated
Least Healthy in Vermont
INSIDE
VOL. 177, NO. 195
© T HE C ALEDONIAN -R ECORD
Classifieds. . . . . . . . . B10
Entertainment. . . . . . . B8
For the Record . . . . . . A2
Opinion. . . . . . . . . . . . A4
Sports . . . . . . . . . . . . . B1
Television . . . . . . . . . A11
JUDGE REJECTS DISMISSAL OF CHARGES AGAINST RUNAWAY MOM
TODAY: Mostly cloudy, rain
afternoon, possible snow
shower evening
HIGH: 51
LOW: 34
Details on Page A2
By RoBeRt BLechL
Staff Writer
NORTH HAVERHILL, N.H. — A Coos
Superior Court judge on Wednesday rejected a
motion by the defense to dismiss the charges
against Genevieve Kelley, thereby keeping the
case on track for a tentative trial in May.
“I agree with the state that the defendant’s
motion is premature,” Judge Peter Bornstein
during the hearing at Grafton Superior Court.
“I’m not in a position to preclude the state from
trying its case.”
And in a decision that did not please either
the prosecution or defense, Bornstein, who had
been asked by both attorneys to issue rulings
on motions regarding which experts can testify
See Kelley, Page A8
PHOTO BY ROBERT BLECHL
A judge on Wednesday rejected a motion to dismiss the case against Genevieve
Kelley, shown here with her attorney, Alan Rosenfeld.
REGION
BURLINGTON, Vt. (AP) — A county health ranking
shows that Vermonters’ health varies from region to region.
The national county health rankings released Wednesday by the University of Wisconsin Population Health Institute and the Robert Wood Johnson Foundation show
Chittenden County is the healthiest county in Vermont,
based on length and quality of life, health behaviors, clinical care and the physical environment. Addison County
is second healthiest.
Essex and Orleans are ranked the least healthy in the
state.
James Biernat, director of the Health Department’s
Newport district office, says there are economic and accessibility challenges in that region that make “moving
the needle of health outcomes more difficult.” But the
Health Department says it continues to work to improve
the health of residents in the Northeast Kingdom.
NORTH COUNTRY
Vermont Senate Advances
Trimmed-down Gun Bill
–––––
Diversity Of New England
Plant Life Threatened
NATION
By todd WeLLinGton
Staff Writer
Nigerian official: Boko Haram Extremists Abduct
Hundreds, Including Children, As Human Shields
–––––
French Investigators Get Audio From Jet’s Black Box,
Search For 2nd One On Craggy Alpine Slope
Page A6
Page A10 & 12
NATIONAL DEBT CLOCK
$
18,156,336,097,897
Population: 320,257,908
Your share: $56,692.86
“The budget should be balanced; the
treasury should be refilled; public
debt should be reduced; and the arrogance of public officials should be
controlled.” –Cicero, 106-43 B.C.
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Mobile
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Opening Act: The Endorsements
Friday and Saturday, April 3 & 4
7:00 p.m., Fuller Hall
Tickets available through Catamount Arts.
Happy Birthday
Emily Worden
Be sure to stop in at
Bailiwicks on Mill
and wish Emily a
Happy Birthday!!
CALEDONIAN Black Cyan Magenta Yellow
A2
THE RECORD • THuRSDAY, mARCH 26, 2015
FOR THE RECORD
OBITUARIES
MARIE JUDITH (TREMBLAY) FOY
1922-2015
Marie Judith ‘Judy’ (Tremblay)
Foy, 92, of Island Pond, Vt., passed
away peacefully to our Lord on the
morning of Feb. 26, 2015, while
surrounded by family and loved
ones in the Northeastern Vermont
Regional Hospital, St. Johnsbury,
Vt.
Judy was born in Chandler,
Quebec on July 1, 1922 to
Napoleon Narcisse and Marie Helene “Sarah” (Senechal) Tremblay.
On July 20, 1945, she married Albert Joseph Foy, and together they
had six children. Judy had a deep belief in God and this served as the cornerstone of her life. Most of her life was spent raising her family and simply
being present for everyone she came into contact with. She had a sincere,
strong love for people, especially children, and as a result came to be known
as “Grammy Judy.” Grammy Judy’s love was infectious, she ALWAYS
saw the best in everyone, and as long as she was around, no one went without love, attention, or food! She worked tirelessly to make anyone and
everyone feel comfortable in her home, and she had a wonderful sense of
humor that stayed with her until her passing. Judy Foy will be missed by
so many and the world will not be the same without her.
In past years, Judy worked for the Canadian National Railroad in Bryant
Pond, Maine; The Brown Company in North Stratford, N.H.; and Ethan
Allen Furniture Manufacturing in Island Pond, Vt. She was a former member of Island Pond American Legion Auxiliary Post 80, and was an active
volunteer for many years at the Island Pond Senior Center. In April 2006,
Judy traveled to The VT State House in Montpelier where she proudly received the Governor’s Award for Volunteerism in Community Service from
former Governor Jim Douglas. Judy was also a breast cancer survivor and
she participated in several cancer walks, including one in 2014 at the age
of 91.
Judy was preceded in death by her husband, Albert, her parents, six
brothers, six sisters, and a great-grandson. She is survived by her six children, Margaret Morrill and husband, Robert, of West Glover, Vt.; David
Foy and wife, Paula, of Johnson City, Tenn.; George “Tony” Foy and wife,
Sue, of Island Pond, Vt.; Fred Foy and wife, Gina, of Morrisville, Vt.; John
“Charles” Foy of Plant City, Fla.; Kathleen Fitzgerald and husband,
Matthew, of Williston, Vt.; 2 brothers, Roderick “Roddy” Tremblay of
Quebec City, Quebec; Rudolphe “Duffy” Tremblay of Chandler, Quebec;
2 sisters, Marie-Anna “Mamie” Wall of Chandler, Quebec; Marie-Ange
“Nonie” Urquhart of Sept Iles, Quebec; 16 grandchildren and 26 greatgrandchildren.
At Judy’s request, there will be no calling hours. A funeral mass will be
held in the summer at 11 a.m., Saturday, July 18, 2015 at St. James Catholic
Church in Island Pond, Vt., with a celebration of her life following.
The Foy Family would like to give special thanks to Marcel and Anita
Gervais, and Melinda Gervais-Lamoureux, for their support and sincere
friendship offered to Judy throughout her 34 years at Sunrise Manor in Island Pond. The family would also like to thank the staff at NVRH, Craftsbury Community Care Center, and St. Johnsbury Rehabilitation Center for
the attentive, loving care they provided to Marie over the last 6 months.
Donations in Judy’s name can be made to Island Pond Community Services, Inc., PO Box 446, Island Pond, VT or Craftsbury Community Care
Center, 1784 East Craftsbury Road, Craftsbury, Vermont 05826. On-line
condolences may be sent to curtis-britch.com. Arrangements are entrusted
to the care of the Curtis-Britch-Converse-Rushford Funeral Home locally
family owned and operated.
CORRECTIONS
There was an omission in the
Easter services listing published
Wednesday for a Palm Sunday
service. South Congregational and
North Congregational churches in
St. Johnsbury will meet together
for the Palm Sunday service at 1 0
a.m. on Sunday.
—————
A story on three area towns
holding revotes on their school
budgets should have stated East
Haven reduced its new proposed
school budget by $1,208 and Sutton reduced its new proposed
school budget by $35,061.
The Numbers
MEGA MILLIONS (Tuesday)
2-23-32-45-55; mega Ball: 12; megaplier: 2
MEGABUCKS PLUS (Wednesday)
5-10-23-34-35; mega Ball: 1
GIMME 5 (Wednesday)
2-6-18-27-29
DAILY PICKS (Wednesday)
Day Draw — Pick 3: 3-9-3; Pick 4: 0-3-3-6
Evening Draw — Pick 3: 5-9-6; Pick 4: -8-2-9-4
Passumpsic Community
Baptist Church
(American Baptist)
Sunday Worship Services
at 10:15 a.m.
MEETINGS
CovEntRy
Special school board, Thursday,
March 26, 6 p.m. Schedule a special
town school district meeting, cancel
the vote for March 31, other.
NEWS BRIEFS
LESLIE JAMES WARD
1918-2015
Leslie James Ward,
96, of Monroe, N.H.,
passed away on Tuesday, March 24, 2015, at Littleton Regional Healthcare in Littleton, N.H.
Les was born on July 30, 1918, in
Monroe, the son of Robert and Hazel
(Smith) Ward.
He graduated from the University
of New Hampshire in 1939 with a
degree in Animal and Poultry Husbandry. Les enlisted and became a
pilot with the US Navy. He flew 75
to 100 missions in the Pacific during
World War II while serving on the USS Saratoga, Intrepid, Enterprise, and
Bunker Hill. Les was discharged from the Navy with the rank of Lieutenant
in 1945, but re-enlisted for a brief period in 1947 as a Lt. Commander. He
was awarded two Distinguished Flying Crosses and six Air Medals.
Les married Doris Hall on June 3, 1945.
He returned to his roots in Monroe and started Ward Poultry. Over the following 25 years he built the farm into a successful egg producer with its own
processing plant. Les retired in 1972 and his son, Terry Ward, and his sonin-law, Gerry Laflamme, took over the business. He also drove part time for
North Country Egg Farm in the early 1970s. Les was a member of the North
Monroe Methodist Church and the American Legion Post 200 in Concord,
N.H. Les and Doris spent many winters in Eustis, Fla. Family was a very
important part of his life and he will be fondly remembered as being a very
humble man.
He was predeceased by his wife of 44 years, Doris (Hall) Ward on Aug.
31, 1989.
Survivors include a son, Terry Ward and wife Eileen of Monroe; a daughter, Carol Laflamme and husband Gerry of Monroe; two grandsons, Nathan
Laflamme and wife Kelly and Jesse Laflamme and wife Sandra both of Monroe; four great grandchildren, Alexander, Elizabeth, Piper, and Brock; a
brother Norman Ward and wife Eve, also of Monroe; along with numerous
nieces, nephews, and cousins.
There will be no calling hours.
A graveside service is being planned for a later time in the North Monroe
Cemetery. A notice will be published at that time announcing the service.
In lieu of flowers, memorial contributions can be made to Monroe Community Church in North Monroe, PO Box 179, Monroe, NH 03771.
For more information or to sign an online condolence please visit
www.rickerfh.com.
Ricker Funeral Home & Cremation Care of Woodsville is in charge of
arrangements.
Local Forecast
Today: Partly sunny early, then
cloudy with rain likely in the afternoon. Highs in the mid 40s. South
winds 10 to 15 mph, decreasing to
less than 10 mph.
Tonight: Rain showers, mixing
with or changing to snow over the
higher terrain, with some light accumulation possible. Lows in the
upper 20s to lower 30s.
Tomorrow: Mostly cloudy, with
scattered snow or rain showers.
Highs from the mid 30s to around
40. North to northwest winds 5 to
10 mph.
Extended Forecast:
Friday Night: Cloudy with a
Daily Weather Highlights
Temperatures today will likely fall a
degree or two short of yesterday’s highs,
as a surface low moves in from the Ohio
Valley. As a result, any peeks of sun this
morning will get obscured by thickening
clouds, and rain will overspread the region by afternoon. As that system departs overnight, it will drag a cold front
through, allowing some snow showers to
mix in. Northerly flow coming around the
back side of low pressure over the
ocean, and will make for an unpleasant
day tomorrow, with highs mainly in the
30s, amidst showers of rain and/or snow.
Then dry but unseasonably cold on Saturday, as a ridge of high pressure to our
west interacts with low pressure to our
northeast, generating a cold north wind.
That ridge if high pressure will finally provide some sunny and calm conditions on
Sunday, but temperatures will remain on
the cool side, says Chris Bouchard of the
Fairbanks Museum weather station.
CONDITIONS AT
4 P.M. YESTERDAY
Cloudy
TEMPERATURE
Temp. at 4 p.m. . . . . . . . . . . . . . . . .48
Maximum past 24 hours . . . . . . . . .49
Minimum past 24 hours . . . . . . . . . .9
Yesterday’s average . . . . . . . . . . . .29
Normal average . . . . . . . . . . . . . . .35
Maximum this month . . . . . . . . . . . .50
Minimum this month . . . . . . . . . . .-18
Maximum this date (1945) . . . . . . .72
Minimum this date (1960) . . . . . . .-11
HUMIDITY
25%
DEWPOINT
14
WINDS
8 mph, 13 max . . . . . . . . . . . . . . .SSE
BAROMETER
30.10 . . . . . . . . . . . . . . . . . . . .Falling
PRECIPITATION
New . . . . . . . . . . . . . . . . . . . . .0.00 in.
Total for Month . . . . . . . . . . . .0.85 in.
Normal Total . . . . . . . . . . . . . .2.02 in.
SNOWFALL
Past 24 Hours . . . . . . . . . . . . . .0.0 in.
Monthly Total . . . . . . . . . . . . . . .9.9 in.
Season Total . . . . . . . . . . . . . .92.8 in.
Season Norm To Date . . . . . . .79.7 in.
Snowpack . . . . . . . . . . . . . . . .10.4 in.
ALMANAC
Sunrise today . . . . . . . . . . . .6:40 a.m.
Sunset today . . . . . . . . . . . .7:07 p.m.
Length of day . . . . . . .12 hrs. 27 min.
DEGREE DAYS
Average temp. difference below 65°
Yesterday* . . . . . . . . . . . . . . . . . . . .36
To date since July 1 . . . . . . . . . .7250
To date last year . . . . . . . . . . . . .7292
* calculated for the day before yesterday
Periodicals postage paid at St. Johnsbury, VT,
Post Office, 05819. Published daily except Sunday,
New Years, Thanksgiving and Christmas by
The Caledonian-Record Pub. Co., Inc.,
P.O. Box 8, 190 Federal St., St. Johnsbury, VT 05819,
Tel. 802-748-8121. Publication (USPS-083020).
Postmaster send address changes to:
The Caledonian-Record Pub. Co., Inc., 190 Federal St.,
P.O. Box 8, St. Johnsbury, VT 05819
All Other: 4 wks. $22.00, 13 wks. $65.00,
26 wks. $120.00, 52 wks. $235.00
Back Issues: $1.00 each, Mailed $5.00
Newstands and Stores: Daily...........$0.75
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Unique Furnishings & Accessories
Commercial & Residenal
106 Main Street, Lileton, NH
Tele. 603-444-7444 | Fax. 603-444-7791
detailsinteriorfashions@gmail.com
www.detailsinteriorfashions.com
chance of snow showers. Much
colder, with lows in the low to mid
teens.
Saturday: Mostly cloudy. Slight
chance of snow showers. Highs in
the mid to upper 20s.
Saturday Night: Clearing. Lows
around 10 above.
Sunday: Mostly sunny. Highs in
the mid to upper 30s.
Sunday Night: Becoming mostly
cloudy with a chance of snow
showers. Lows in the low to mid
20s.
Monday: Mostly cloudy. A chance
of snow or rain showers. Highs in
the upper 30s.
RIGHTS TO ADVERTISING COPY
Rights to layouts of advertising placed with The CaledonianRecord which are the creative effort of its staff and printing material supplied by The Caledonian-Record rest with The
Caledonian-Record and may not be reproduced by photographic or
similar methods without specific authorization of The CaledonianRecord.
The Caledonian-Record assumes no financial responsibility for
typographical errors in advertising but will reprint that part of any
advertisement in which the typographical error occurs. Advertisers
will please notify the management immediately of any error which
may occur.
ONLINE?
Check us out:
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Black Cyan Magenta Yellow
Lyndon State hosts Northeast Kingdom
College Night for parents and students
LYNDONVILLE — The annual Northeast Kingdom College Night
for high school students and parents will be held on Monday, March 30
on the campus of Lyndon State College.
The free college fair, sponsored by Lyndon Institute, Lyndon State College Upward Bound, and St. Johnsbury Academy, runs from 6:30 to 8
p.m. High school juniors, sophomores, and their parents are particularly
encouraged to attend to meet admissions representatives from more than
100 colleges and universities from New England and across the U.S. offering liberal arts as well as technical and business-oriented studies.
Back by popular demand, the Vermont Student Assistance Corp. will
offer free college planning workshops before (starting at 4:15 p.m.) and
after the college fair. Topics include finding colleges that fit, specifics on
how to apply, SAT/ACT test prep and strategies, writing an admissions
essay that sets you apart, and navigating college costs and financial aid.
Free food will be provided to workshop attendees, and attendees will be
entered in drawings for a chance to win an iPad Mini or $500 college
savings account! For more information and to register for workshops,
visit www.vsac.org/CollegePathways.
Don’t miss this great opportunity — a double feature with two programs in one night — for Northeast Kingdom students and families to
get information and resources needed for applying and preparing for college.
Upper Valley Habitat for Humanity in the NEK
launches 2015 fundraising campaign
ST. JOHNSBURY — The Upper Valley Habitat for Humanity in the
NEK, located in St. Johnsbury’s Green Mountain Mall, is launching their
2015 fundraising campaign Building It Forward: Strengthening Families…Strengthening Communities to raise money for several initiatives
including raising money for a house begun last September in Coventry,
funding the “A Brush with Kindness” repair and renovation projects, providing seed money for their next new house, creating homeowner workshops on budgeting, financing, and home repairs, and upgrading aging
technology in the office and ReSale Store.
Substandard housing is very common in the NEK and the need for
Habitat for Humanity’s services is ongoing and growing. Habitat NEK
wants to equipped and be ready to help every qualified applicant. You
can view the campaign by going to https://www.igg.me/at/BuildNEK, or
by stopping in the ReSale Store any Tuesday, Thursday or Saturday from
10 a.m. to 2 p.m.
Several public community events will be held this spring and summer
to support this campaign and will be posted in the store and on their website: www.nekhabitat.org.
All donations will be gratefully received and can be sent to Upper Valley Habitat NEK, PO Box 193, St Johnsbury Center, VT 05863.
Three Vermont prisons pass anti-rape audits
MONTPELIER, Vt. (AP) — Three of Vermont’s state prisons have
passed audits finding them in compliance with federal standards designed
to prevent sexual assaults among inmates.
Under the federal Prison Rape Elimination Act, the U.S. Justice Department brings in auditors to examine safety practices at correctional facilities around the country.
State corrections officials say Vermont’s Chittenden Regional Correctional Facility, Southeastern State Correctional Facility in Windsor and
Southern State Correctional Facility in Springfield underwent reviews
last year and that all three were found in compliance with the standards.
In an email shared with Vermont lawmakers, Corrections Commissioner Andy Pallito calls the results a huge accomplishment.
Vermont’s other correctional facilities have not had results reported yet
from the same round of audits.
Vermont city losing 600K-plus
gallons of water daily in leak
RUTLAND, Vt. (AP) — The city of Rutland, Vermont, is losing more
than 600,000 gallons of water a day because of a leak.
The Rutland Herald reports that officials are trying to figure out the
source of the leak. They say residents have experienced a drop in water
pressure since Saturday.
Public Works Commissioner Jeffrey Wennberg says the water isn’t
running through the streets and doesn’t appear to be finding its way into
the sewer. He says that means it may be going into a stream.
Wennberg says workers are inspecting valves, hydrants and vacant
buildings. He planned to isolate and check the three transmission lines
running from the water plant into the city of about 16,500 residents. He
says the leak isn’t an immediate threat to the city’s water supply.
Town closes on sale of wetlands for $122,000
BENNINGTON, Vt. (AP) — The Vermont town of Bennington has
closed on the sale of 168 acres of wetlands, a popular spot for kayakers,
bird watchers, fishermen and hikers.
The Bennington Banner reports (http://bit.ly/Jea059) the land was
bought with a $122,000 grant from the Vermont Housing and Conservation Board, and over $100,000 in private donations.
The land currently is called “The Walloomsac Headwaters park and
Natural Area,” but that’s likely to change. It was given by Steve Greenberg, son of long-time Bennington residents Norman and Selma Greenberg. The town plans to name the park for them. The purchase links
several pieces of publicly owned land.
Man killed when car slams into
snowbank in New Hampshire
PINKHAM’S GRANT, N.H. (AP) — State police say an 85-year-old
man was killed when his car slammed into a snowbank and crashed in
Pinkham’s Grant.
An eyewitness tells authorities that a car driven John Kovalik of Berlin
crossed a double yellow line and ran onto a paved pull-off area before
hitting the snowbank and becoming airborne. The car went over a steep
embankment and landed on its roof.
The accident happened about 3:15 p.m. Tuesday on Route 16. The
roadway’s southbound lane was shut down for about 2 ½ hours while the
wreckage was removed.
House puts hold on gas tax increase
CONCORD, N.H. (AP) — An increase in the state’s gas tax is likely
off the table as a means to avoid layoffs in the state’s Department of Transportation.
Republican House budget writers had planned on bringing forward a
7- to 8-cent increase during Wednesday’s House session, but due to a procedural hiccup, the bill could not be introduced. It was likely to face strong
opposition from conservative representatives.
Rep. Neal Kurk, chairman of the House Finance Committee, says the
committee will go back to the drawing board Wednesday afternoon to
find a different way to keep the transportation budget solvent.
House budget writers cut $88 million from the governor’s proposed
transportation budget earlier this week, but officials say the cuts will result
in nearly 700 layoffs and an inability to maintain roads and bridges.
CALEDONIAN Black Cyan Magenta Yellow
THE RECORD • THuRSDAY, mARCH 26, 2015
A3
LOCAL
COVENTRY SCHOOL REPORTS NOT DISTRIBUTED IN
STATUTORY TIME FRAME FOR ANNUAL MEETING
SIBLING RIVALRY
New Meeting,
Budget Vote
Planned
By jennifeR heRsey
cLeveLand
Staff Writer
COVENTRY — The annual
school district report here was not
distributed to voters within the
time frame mandated by statute,
and in light of that fact, the Coventry Village School board will warn
a new annual meeting and budget
vote for sometime in late April or
early May.
According to Secretary of State
Jim Condos, the school report had
to be distributed to voters no less
than 10 days before the meeting to
comply with the law.
Coventry Village School board
chairman Frank Carbonneau wrote
in an e-mail that the final copies of
the report were not expected to be
finished by the end of Tuesday, but
that the first copies were available
to be picked up around town.
Carbonneau said it just wouldn’t
be fair to voters to ask them to discuss and vote on a budget - proposed at $2.8-million - without
having the benefit of reviewing the
report ahead of time. The school
board plans to meet about a half
hour prior to the previously
warned meeting Thursday at 6:30
p.m. at the school to set dates and
sign a new warning.
No articles on the warning will
be addressed, but Carbonneau said
the board would explain the problem to voters and give them information about the new dates.
“We want them to have the information,” Carbonneau said. “I’m
in the business of working for the
town, not against the town.”
This is the second time the annual school district meeting and
budget vote have been delayed.
Normally, an informational meeting is held the night before Town
Meeting, and voters decide the
budget by Australian ballot that
Tuesday.
But this year, Carbonneau regretfully forgot to drop the warning off with Town Clerk Cynthia
Diaz in time for inclusion in the
town report, necessitating new
meeting and vote dates.
The school board decided this
year to take on the job of printing
the report apart from the town’s
fiLE PHOTO
Coventry School Board Chairman Frank Carbonneau, left, with vice chair Viola
Poirier, right, at a meeting in 2012. In the middle is former Principal Martha Perron, who has since been replaced by Matthew Baughman.
printing of its annual report because the town reports suffer from
what Carbonneau deemed “habitual lateness.”
Carbonneau said the town reports have arrived late for the past
two years, and the school board
was concerned that the inability to
review the budget would result in
the budget being voted down.
“The annual reports were to the
voters in time legally for Town
Meeting and the school budget
vote each of those years,” Diaz
wrote in response.
After taking on the role of getting everything to the printers on
time and keeping all ducks in a
row, Carbonneau said he’s now
aware of the amount of work and
time it consumes. “Nobody did
anything wrong,” Carbonneau
said.
The printer didn’t have all documents, but Carbonneau believed
everything was set. He said he
shares the blame with Principal
Matt Baughman and the North
Country Supervisory Union for the
delay. “I think we probably could
have worked together better,” he
said.
But lesson learned, he said. “I
can tell you it won’t happen
again.”
Carbonneau said he drew up a
checklist of everything that needs
to be done for the board to use to
avoid problems in the future. The
error has raised consciousness, he
said.
Carbonneau wrote that the
board had decided in January to
distribute the reports in public
places rather than mailing them,
but after reviewing the statutes, he
said he would recommend to the
board during the special meeting
Thursday that the reports get
mailed.
According to Vermont statutes,
voters can elect to be provided notice of the availability of annual reports, rather than have the reports
mailed or otherwise distributed to
them, but Town Clerk Cynthia
Diaz said she didn’t recall the voters ever having done so.
Carbonneau wrote that he does
not expect great additional costs
due to the delay. There is the cost
of printing 400 booklets, and if the
board decides to mail copies,
postage. Ballots had already been
printed for the previously set
March 31 vote.
Annual Meeting and Budget
vote
The new dates for the annual
meeting and budget will not be set
until Thursday evening.
The voters already re-elected
Carbonneau and elected Amanda
Jensen to fill Alan Desroches spot
on the school board at Town Meeting.
The school budget, at a proposed $2,839,454, shows an 8.87
percent, or $231,456, increase in
spending.
Carbonneau noted that revenue
from the new pre-kindergarten will
offset much of that. He anticipates
a tax rate increase of 3.4 cents, of
which 2 cents is at the request of
the state.
Boards were given an extra year
to comply with a state mandate to
provide pre-K, Carbonneau said,
but in the North Country Supervisory Union (NCSU), Superintendent John Castle asked schools to
move forward for the coming year.
The district is getting money for
it anyway, which the district was
just passing along to the program
provided by the NCSU at its Newport office, Carbonneau said. But
that program will close at the end
of this school year.
Increases in the budget come
from negotiated pay raises for
teachers and an increase in health
care costs.
The budget also pays tuition at
high schools of choice for Coventry students. Transportation is
arranged by parents.
PHOTO BY TODD SmiTH
Camden Ely, left, tries to fend off tenacious defense from his little sister, Addison, during
the final day of the Good Shepherd Catholic School’s community basketball skills clinic for
first and second graders, Sunday. Their mom, Joy, was the program’s director.
Court News
Guard Fined For Bringing Assault
Weapon Onto Jail Grounds
By todd WeLLinGton
Staff Writer
A Derby man has been convicted of carrying an
assault weapon onto state property while working as
a prison guard at Northeast Regional Correctional
Facility in St. Johnsbury.
Maxwell I. Field, 23, pleaded guilty at arraignment
to carrying a dangerous weapon and was ordered to
pay a $200 fine Monday.
Caledonia Superior Court
Field was at the courthouse Monday but did not
have to appear in the courtroom for arraignment be-
Black Cyan Magenta Yellow
cause Judge Robert Bent allowed Field to enter his
guilty by waiver.
Before reaching a plea agreement with prosecutors
Field had been facing a possible sentence of two
years in prison and a $200 fine.
According to an affidavit filed by Vermont State
Police Tpr. Jason Schlesinger, police found a loaded
.40 caliber pistol, a loaded AK-47 pistol and marijuana in Field’s parked car during a drug sweep at
the prison by Schlesinger and K9 Arrow on Feb. 21.
“While K-9 Arrow was sniffing vehicles in the
parking lot, K9 Arrow alerted on the passenger door
of a 2012 Subaru Legacy,” wrote Schlesinger in his
report. “Field was brought into the Warden’s office
and walked to his vehicle.”
See court, Page A5
CALEDONIAN Black Cyan Magenta Yellow
A4
THE RECORD • THuRSDAY, mARCH 26, 2015
Todd M. Smith, Publisher
OPINION
Dana Gray, Executive Editor
Editorial Comment …
Please Take Our
Jail Instead
Some officials in Windsor are upset about a legislative plan to shutter
a prison there. The Vermont House Appropriations Committee recently
voted to close the 100-bed Southeast State Correctional facility in an
effort to save approximately $800,000 a year.
Sixty people would lose their jobs. Town Manager Tom Marsh is
frustrated with a lack of communication from Montpelier. Nobody contacted him or anyone else in town, he says, so future plans are unknown
for the Southeast State plant which sits on 1,000 acres of state land.
We have a message for Appropriations to help appease Windsor.
PLEASE. tAKE. oUR. PRISon. InStEAD.
Nothing has had a more corrosive, destructive, costly impact on our
community than the Northeast Regional Correctional Facility. We suffer
higher crime rates, degraded quality of life and intense strain on social
services (notably, education and health care). And the soulless Department of Corrections’ open-door policy fills our neighborhoods with violent felons, drug dealers and baby killers who are supposed to be
locked away.
Please, legislators, shut down our cancerous local prison and ship all
the inmates to more economical private facilities out of state. It would
instantly cut half the state’s outrageous corrections budget and go a long
way toward cleaning up our polluted streets.
Take ours. Please, please, please, take ours.
In My Opinion…
THE RESET PROGRAM
WILL SAVE $275M?
NOT SO FAST
By maRK WhitWoRth
RESET is the enormously
complicated, 15-year energy program that the Shumlin administration proposes as a replacement
for the troubled SPEED program.
Economist Tom Kavet told the
House Ways and Means Committee that the full economic impact of RESET is unknown. Yet,
RESET won easy approval in the
House. Was it the $275M savings that proponents promised?
Or was it the threat that only
RESET could save Vermont
from the unintended consequences of SPEED.
RESET
will
continue
SPEED’s tradition of unintended
consequences. It will affect the
Vermont economy for decades.
RESET’s Tiers 1 and 2 will impose renewable electricity requirements on utilities without
reforming the destructive and
abusive siting practices that have
turned so many Vermonters
against state government. Tier 3
will enable utilities to take
ratepayer money to finance “energy transformation projects”
that will weatherize some
ratepayers’ homes and incent the
purchase of electric appliances
like heat pump/air conditioning
systems and electric vehicles.
Energize Vermont obtained
the administration’s analysis of
RESET through a Public
Records Act request. It is a collection of spreadsheet models
that calculate RESET’s impacts
upon rates, greenhouse gas emissions, and electricity consumption.
The models are fragile. That
means that small changes in the
inputs bring about large changes
in the outputs. This is a very bad
thing when input values are uncertain. And the models contain
hundreds of highly speculative
assumptions—oil prices in 2020,
electricity prices in 2025, interest
rates in 2030, inflation in 2032,
just to name a few.
The “heat pump model” says
that if heating oil costs $3.25 per
gallon and electricity costs $.15
per kWh, then a $4,000 heat
pump will save a homeowner
$5,000 over its lifetime. But, in
2015, oil has cost as little as
$2.61 and electricity from Vermont’s second largest utility has
cost $.17. Plug those numbers
into the model and you don’t get
savings; you get over $2,500 in
extra cost.
Another model, the “RESET
model,” takes that fragile $5,000
savings and applies it to every
heat pump to be installed between 2017 and 2032. The
model does the same thing for
similarly derived savings for
home weatherization, buying an
electric car, installing a pellet
boiler, etc. This is where the
promise of RESET’s $275M
savings comes from.
The RESET model has structural problems: if you install a
heat pump, the model racks up
an immediate savings of $5,000.
(We would prefer to accrue any
savings over the life of the heat
pump). In addition, the model
adjusts costs for inflation, while
not adjusting savings. Each of
these flaws overstates RESET’s
savings.
One of the bill’s sponsors explained that Tier 3 will be “customer-driven” and sure enough,
the model includes guesses about
the energy transformation projects that customers will choose
over RESET’s 15 years. The
model’s economic predictions
are highly dependent upon these
guesses.
What will customers want in
2025 or 2030? How many customers will there be? Will improved solar and battery
technologies enable residential
customers to flee from utilities?
Will hydrogen vehicles leapfrog
electric vehicles? Will locallymanufactured wood pellets
emerge as the best option for affordable home heating?
The administration determined that customers will install
67,240 heat pumps and weatherize 19,745 homes under RESET.
We wondered if the imbalance in
these numbers meant that heat
See Reset, Page A5
Letters to the Editor…
What about a
touch screen ban?
to the Editor:
New Hampshire’s ban on the use
of hand-held devices goes into effect
July 1, 2015. The bill bans the use of
hand-held cellphones, GPS devices,
tablets, iPods, iPads, or other devices
which require data entry by the
driver.
But the law does not address another driving danger: the interactive
screens appearing in more and more
new vehicles. A couple of years ago,
my wife and I were car shopping,
and I was amazed at how many models now offered these interactive
screens. Many of these screens require multiple inputs by the user to
reach the desired feature. The problem lies in the necessity of the driver
to look at the screen to use it. This
takes the driver’s attention off the
road.
I prefer knobs and buttons; I can
operate the radio and other features
using knobs and buttons without ever
taking my eyes off the road. The
raised and tactile features of knobs
and buttons make this possible.
Without looking at a touch screen, I
have no idea what I am doing. I have
to take my eyes off the road.
Touch screens also get messy
from fingerprints, obscuring the
view; and I always wonder if the last
person to use the screen (e.g., at an
ATM machine or food ordering
kiosk) washed his or her hands after
using the bathroom, or if he or she
wiped a nose or sneezed before using
the device.
Putting touch screens in automobiles appears to be an unwise use of
the technology.
Thomas R. Gallagher
Littleton, N.H.
Yet again!
to the Editor:
Mitch Perry’s letter in this paper’s
Wednesday, March 18th, edition just
about brought tears to my eyes. As
vice-chairman of the New Jersey
Dental Association’s Special Committee on Fluoridation, I remember
responding to this sort of misleading
diatribe more than 55 years ago. My
first thought was here we go again
(actually my second, but I won’t tell
you what my first thought was).
Mr. Perry delights in saying that
fluoridation of community drinking
waters will negatively affect the I.Q.
levels of children. By cherry picking
information, as he does throughout,
he conveniently excludes studies at
Harvard and in China that found that
such an effect occurs only at very
high levels of fluoride-as much as
100 times or more than the recommended level.
Such are the typical scare tactics
used by those emotionally, but not
scientifically, involved in the litany
of health problems he presents. I
have to question Mr. Perry’s scientific background as well as his ability
to evaluate the sources of some of his
statements. One of the standard approaches in trying to defeat something you don’t like for whatever
reason (too often for profit) is to set
up impressive-sounding front organizations with some known names
whose expertise happens to be in another area. The tobacco industry
mined that field expertly. Yes, some
scientists do sell out!.
I started practicing dentistry in the
dark ages before community fluoridation. Kids would come in with
what we called “bombed-out
mouths,” meaning they had multiple
cavities and broken down teeth needing extraction.
With the advent of community
fluoridation, this sad situation progressively diminished in progressive
communities where the usually natural fluoride level was augmented to
accepted levels. Don’t tell me that
fluoridation does not prevent tooth
decay. I have actually lived through
it.
I have found that Letters to the Editor is an especially ineffective forum
for debating the several issues mentioned in his letter. There definitely
are areas of legitimate discussion, all
of which I am more than willing to
discuss with him personally.
Frank Landry, DDS
St. Johnsbury, Vt.
More compassion
please!
to the Editor:
Todd Wellington could not have
used a softer, gentler and more compassionate headline to report the
passing of Attorney Doug Willey? It
would have been nice to consider his
family and friends.
Stephanie Berube
Danville, Vt.
Ayotte’s excuse
for signing letter
of 47 is lame
to the Editor:
Kelly Ayotte’s feeble excuse as to
why she signed the letter to Iranian
leaders (“Congress should have say
on final Iran deal”) is almost as bad
as John McCain’s excuse, “I sign a
lot of letters.”
In their letter, she and 46 other Republican senators, in a strictly partisan move, interfered with ongoing
negotiations. Once an agreement is
reached, then it is the place of Congress to get involved and ask tough
See Letters, Page A5
In My Opinion…
ABSOLUTELY NO END IN SIGHT
By david coates
I wish I had some encouraging news to share with you on the status of the
state’s liabilities for underfunded pensions and retiree health care benefits
(OPEB), but I don’t as these liabilities continue to grow despite positive, incremental changes that have been made over the last few years. Unfortunately, the changes only ended up nibbling around the edges; the size of the
liabilities and the key underlying assumptions require significant structural
reform.
Here is a look at the unfunded liabilities taken from the most recent Actuarial Reports:
Pensions
Retiree Health Care
Total unfunded liability
2014
$1.5B
$1.8 B
$3.3B
2010
$1.0B
1.7B
$2.7B
2005
$0.2B
1.4 B
$1.6B
The data show that in less than 10 years, the unfunded liability has more
than doubled.
Equally concerning is that the amount of the unfunded liability will likely
increase in 2015 and beyond, for two key reasons.
First the state, although not required, does have the option to implement
newly published mortality tables that will reflect the reality that people are
living longer. In the private sector, these are required and have resulted in increases to the liability of 5-7%. At five percent, the increase in Vermont would
be around $165 million.
Second, the state should revise the current discount rate assumptions (both
at around eight percent). Other states have moved in this direction and Vermont should as well. A one percent reduction in these rates – to seven percent
– could increase just the liability for pensions by another $400- $500 million.
Incidentally, for comparison purposes, the private sector discount rate is
around four percent.
These necessary updates will not only give a more accurate picture of our
fiscal condition, but further require the state to increase funding to even higher
levels in order to keep the pensions financially sound and maintain our current
high credit ratings.
As for the impact these liabilities have on the state’s General Fund, in 2005
the Annual Required Contributions (ARC) for the state workers and teachers
pensions was $65 million. In 2014 it has nearly doubled to $116 million. As
long as these liabilities continue to grow (and they will), so will the stress on
the General Fund and other state programs.
The liabilities for the retiree health care benefits (currently $1.8 Billion)
will also continue to increase as the state is only funding the actual health
Black Cyan Magenta Yellow
care costs incurred. Unlike the pensions, the state is not funding the amount
required to amortize the liabilities. In 2014 this amount was $55 million; the
amount will continue to go higher by at least another 5% for 2015 and thereafter, until it is fully funded. Since the state is not making this payment, because the state has no money, it will never be funded; instead, it will continue
to increase unless structural changes are made. Which leads to the obvious
questions…if there is no state funding available, why do we have these benefits?
What is the state to do when faced with these overwhelming liabilities that
exceed twice the General Fund revenues?
For starters, the Legislature should recognize the problem instead of being
swayed by the vested interests of the union leaders who downplay the gravity
of these unfunded liabilities. This problem has been building for many years
by not fully funding the liability; by employing unrealistic cost projections
of the benefit assumptions; by the lack of political will among lawmakers to
insist on realistic changes; and, finally the worst offense, deferring action to
let someone else deal with the problem. Until lawmakers acknowledge the
problem and own the responsibility for solving it, no real reform is possible.
Many parts of the country have been facing these same issues head on,
especially in cities such as Detroit and Stockton, and in states like Illinois
and New Jersey. Courts are finally weighing in on these issues as, for troubled
cities, bankruptcy seems like the only recourse. States can’t use the bankruptcy route, but they can use the court system and this is starting to play out.
Vermont is fortunate that we are not yet like Illinois and New Jersey, but we
will be if these liabilities are left unchecked. Now is the time to begin meaningful change and let me suggest just a few.
First we need to hold harmless anyone currently receiving pensions and
healthcare benefits. We should also, if possible, consider those who are near
retirement and have planned on these benefits. We could begin the transformation by prohibiting new state employees and teachers to join the existing
defined benefit plans and instead provide a 401(k) type plan similar to what
the majority of Vermonters receive.
Second, new state employees and teachers be ineligible for retiree health
care benefits. Just these two reforms will at least stop the liabilities from
growing unchecked and allow the state to then figure out a sustainable way
to pay for them.
This is at least a start, but we have to start. Undoubtedly, union leaders
will fight even these modest changes; that is what they are paid to do, and so
far they are doing a great job of keeping Vermont in the red. We need to stop
costing Vermont taxpayers unnecessary expenses, and stop jeopardizing other
important state programs that need public investments.
David Coates, KPMG (retired), of Colchester, on behalf of the Vermont
Business Roundtable.
CALEDONIAN Black Cyan Magenta Yellow
THE RECORD • THuRSDAY, mARCH 26, 2015
TRIAL DELAYED DUE TO STATE’S FAILURE TO TURN OVER ALL EVIDENCE
After 26 Months, Defendant Still Waits For Trial Date
By jen heRsey cLeveLand
Staff Writer
NEWPORT CITY — The state
withheld evidence from the defense
in a case set to go to trial Wednesday, and as result, a defendant who
has waited more than two years for
his trial while proclaiming his innocence will wait at least six more
weeks for a jury to hear his case.
Gertrude Miller, who represents
defendant Jasper “Jay” Wright, 43,
of Craftsbury and Eden, said former Deputy State’s Attorney Jim
Lillicrap withheld narratives from
two police officers, e-mails between two state troopers regarding
the case, and two discs containing
information about the investigation.
The new material brings a new
witness - formerly undisclosed to
the defense - into the case as well,
Wright’s other attorney, Susan
Davis, said. “I think Mr. Lillicrap
screwed up,” Davis said while clarifying that she’s not willing to say
whether it was due to carelessness
or a deliberate act on his part.
“The omissions have been serious,” Judge Timothy Tomasi said
Wednesday. “There’s a lot of missteps in this case.”
Under the Sixth Amendment to
the U.S. Constitution, Wright has
the right to confront his accusers,
Miller said. “That’s a huge constitutional right that was violated,”
she said.
Wright was scheduled to go on
trial Wednesday, Thursday and Friday, and a jury was waiting in the
wings to decide whether he is
RESEt
Continued from Page A4
pumps would be installed in uninsulated homes.
When we fixed the RESET
model’s structural problems, toned
down some of the sketchier assumptions, and brought the mix of
heat pumps and weatherization into
better balance, we saw RESET’s
$275M savings turn into a
ratepayer burden that ranged between $25M and $75M. With less
optimistic assumptions, the burden
grew into the hundreds of millions.
We discovered that the RESET
models are also fragile with respect
to impacts on carbon emissions and
electricity consumption. For example, increasing the biofuel component of Vermont’s heating oil blend
would not only increase the cost of
guilty of two counts of lewd and
lascivious conduct and one count
of sexual assault.
But after prolonged discussions
between defense counsel and
Deputy State’s Attorney Christopher Moll, who discovered the failure to provide discoverable
evidence, Judge Timothy Tomasi
laid out the options for Wright.
Tomasi said Moll disclosed
some of what he’d found to the defense earlier this week, and the remainder just Tuesday night after
going through the file and speaking
with police officers.
Davis said the defense filed a
motion to compel discovery in the
case in August, and despite
monthly orders from Tomasi to respond to her inquiry, Lillicrap did
not do so, claiming that the materials did not exist, he had already
provided them or they could be obtained elsewhere.
Davis said she and Miller suspected the materials did exist, and
with the knowledge that they did
not have them, kept pushing to
force the state to produce them
over several months to no avail.
Wright’s trial was scheduled to
take place in late January, but Lillicrap “reassigned” the case to his
boss, Alan Franklin. Franklin,
without the benefit of time to prepare for the trial, was willing to go
forward, but the alleged victim,
who is 22 years old, fell ill and was
unable to attend.
On Feb. 1, State’s Attorney Jennifer Barrett assumed her office
and hired Moll, who took over
prosecution of Wright’s case. Moll
carbon abatement under RESET, it
would increase the ratepayer cost of
the entire RESET program. And we
think that RESET may bring about
far larger increases in demand for
electricity than the model predicts
(the model does not account for the
potential use of 67,240 heat pumps
for air conditioning in the summer).
Finally, the models don’t tell us
who will foot the bill for RESET
investments and who will get to
enjoy the savings, if there are any.
(An amendment to ensure that
ratepayers wouldn’t have to pay for
home improvements for other
ratepayers failed on the House
floor.)
It is our opinion that RESET is
not ready for Vermont.
We ask the Senate to require the
Public Service Department to conduct a real, honest-to-goodness
study of RESET, tighten up its
Police then searched the car locating the .40 caliber pistol in the
glove compartment, a “small
amount of a leafy green substance” in the center console and
an AK-47 pistol “with a loaded
magazine inserted but no round in
the chamber” in the trunk.
“The Warden, Al Cormier, advised (VSP) Lt. (Tim) Oliver and
me that Field was not authorized
to carry weapons onto the property,” wrote Schlesinger. “The
warden also stated that he sent out
an email a short time before reminding staff that firearms were
not allowed on facility property.”
Field then drove to the Vermont
State Police barracks in St. Johnsbury to be cited.
models, and release them to the
public. The models should be reconfigured to allow Vermonters to
experiment with the assumptions
and evaluate the results. We will all
benefit from this open-source approach.
Who knows? This might even
lead to some adult conversations
about effective responses to climate
change.
Mark Whitworth is executive director of Energize Vermont, which
advocates for sensible energy policies for Vermont.
Letters
tives, the military, and many right
wing journalists. Some have labeled
their actions treasonous and traitorous, which I think goes too far. Partisan, yes; dumb, yes; a threat to our
security, yes. But it does not rise to
the level of treason.
The letter to Teheran is viewed as
a travesty by the United States’ 5 negotiating partners (Britain, France,
Russia, China, Germany). Did Senator Ayotte really not realize that the
interfering letter affected our negotiating partners? Is she that much of a
rank amateur in foreign affairs and
separation of powers? Apparently,
Continued from Page A4
questions. It is absolutely not their
place to tell Teheran not to negotiate
with Obama because the Republicans plan to repudiate any deal in
Congress! Past presidents have routinely negotiated agreements on critical international issues. Never
before have members of Congress
pulled a stunt like this!
Their actions have been roundly
condemned, not only by journalists
from the left, but by solid conserva-
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dates were set for May 13-15.
Wright was formerly charged
with two counts of sexual abuse of
a vulnerable adult, charges that required a jury finding that the alleged victim met the statutory
definition of “vulnerable adult.”
Under the former charges, Wright
faced a maximum sentence of 30
years.
Moll amended the charges earlier this month. Now, if convicted
of all charges, Wright faces a
mandatory minimum sentence of
three years, with a maximum of
life.
He’s accused of assaults in
Craftsbury on July 4, 2011, and at
some time on or between the dates
of Nov. 1, 2009, and March 31,
2010.
In motions, Miller and Davis
laid out at least a part of the defense’s case, indicating that the alleged victim has attempted to
apologize to Wright since reporting
the alleged unlawful conduct to police.
That motion also indicates that
the complainant’s mother has been
known to coach her daughter – at
one point while her daughter was
testifying on the stand in another
court.
The charges came about after
Wright interfered in the complainant’s relationship with her parents, out of concern for her safety
and well-being, according to the
defense. The last straw came about
when the complainant ran away
from home, went to live with the
Wright family, and was forcibly removed by police at the behest of
her legal guardians John and
Michelle Smith.
Littleton, N.H.
Office
Trailers
Court
took the time to do due diligence,
go through the files, talk to police
officers, and find that not all materials had been turned over to the
defense, as required by law.
On Wednesday, Tomasi said the
court could go forward with the
trial and impose sanctions against
the state by disallowing testimony,
but he noted that some of the material could be useful to the defense.
Davis noted that the materials
are both inculpatory and exculpatory.
The case could be continued so
the defense could depose witnesses, including the police officers, and if that was the case,
Tomasi said he would not hold the
delay against the defense in terms
of a speedy trial motion.
“We reluctantly agreed,” Davis
said outside the courtroom, noting
that Tomasi “was reluctant to dismiss this case.”
Davis said this development is
very frustrating, however, in a case
that has been pending since Jan.
2013, during which time Wright
has effectively been on house arrest, disallowed from moving home
with his family, and without a job
due to a restrictive curfew and requirement that he travel with a
court-appointed custodian.
Tomasi said he expected the defense to renew motions to dismiss
for lack of a speedy trial, which
he’d denied once before, and motions related to the discovery violations from the defense no later than
April 10. The state will have until
April 17 to respond, and a motion
hearing will be held April 28.
If the defense does not prevail
on either motion, however, the trial
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onto Old Carrick Lane.
INFORMATION CALL: 802-633-4491
Black Cyan Magenta Yellow
Man Violates
Probation For
Getting Really
Drunk
A Glover man ordered by the
court to abstain from alcohol violated his probation when he was
found passed out at a Lyndon residence with a blood alcohol content (BAC) over five times the
legal limit.
An arrest warrant was issued
for Jeremy Taylor, 34, by Judge
Robert Bent on March 23 after
Taylor failed to appear in court for
a VOP (Violation of Probation)
hearing related to the alcohol incident. Bail was set at $1,000.
Caledonia Superior Court
The legal limit to operate a
motor vehicle is a BAC of .08 percent. But according to an affidavit
filed by Lyndonville Police Ofc.
Brandon Thrailkill, a blood sample taken at Northeastern Vermont
Regional Hospital indicated Taylor had a BAC of .413 percent.
Taylor had a no-alcohol requirement placed on him as condition
of probation after he was convicted of of drunken driving - second offense and driving with a
license suspended for drunken
driving on July 8, 2014. His combined 6- to 24-month sentence
was suspended except for 60 days
and probation.
But on Feb. 25 at 8:47 p.m. police received a call from Barbara
Warner at 1083 Back Center Road
in Lyndon saying that Taylor was
a visitor at her residence, was intoxicated and that she wanted him
removed.
“Warner advised she believed
he consumed half a bottle of
whiskey and was becoming belligerent,” wrote Thrailkill in his
report. “Upon entering the kitchen
I observed Taylor appeared to be
breathing and passed-out on the
floor.”
Police said they managed to
wake Taylor and place him in a
cruiser for transport to the state
police barracks but he passed out
again on the ride. A substance
abuse screener was called in but
could not get a breath test on Taylor because he was still passed out,
so police transported Taylor to
Northeastern Vermont Regional
Hospital for further evaluation and
a blood test, according to the report.
Police said Taylor awoke in the
emergency room but had to be restrained after becoming “belligerent and combative.”
Taylor was then taken to Northeast Regional Correctional Facility to undergo detoxification.
yes.
Seven Republican senators, all
with credentials in foreign or military
affairs, refused to sign the letter. They
showed better judgment than our
junior senator. Senator Ayotte’s constituency is here in NH, not in Iran.
Hopefully we can get a more
thoughtful and less partisan senator
in the 2016 elections, someone who
takes into account the ramifications
of her actions! There really is no acceptable excuse for Senator Ayotte’s
actions.
Michael Frandzel
Portsmouth, N.H.
CALEDONIAN Black Cyan Magenta Yellow
A6
THE RECORD • THuRSDAY, mARCH 26, 2015
NEW ENGLAND
VERMONT
Diversity
Of
New
England
Plant
Life
Threatened
Senate Advances Trimmed-down Gun Bill
By dave GRam
Associated Press
MONTPELIER, Vt. — The state Senate took a
key vote Wednesday to advance a bill that would
set new restrictions on firearms ownership but that
lacks what had been its most hotly debated provision — expanded background checks for gun buyers.
The bill won preliminary approval on a 20-8 roll
call vote, with three of the majority Democrats joining five Republicans in opposition. It’s expected to
win final Senate passage on Thursday before going
to the House, also controlled by Democrats.
Democratic Gov. Peter Shumlin has been cool to
the proposal, saying he likes Vermont’s gun laws as
they are.
Vermont is frequently cited by gun rights advocates nationally as being the state friendliest to gun
ownership – it has very few restrictions – and as
ranking among the safest in the country in terms of
low violent crime rates.
The bill doesn’t touch Vermont’s status as a state
that allows people to carry concealed weapons
without permits. And it had stripped from it a provision that would have required background checks
for private gun sales other than those between immediate family members. Such checks are done in
retail stores and at gun shows but not between private parties.
The vice president of the Vermont Federation of
Sportsmen’s Clubs, Evan Hughes, was among
those continuing to argue after Wednesday’s vote
that the legislation isn’t needed, calling it “a solution
in search of a problem.”
But Sen. Richard Sears, a Bennington Democrat
and chairman of the Judiciary Committee, said during a presentation to fellow senators that the panel
heard from many people who answered yes to the
question “Are there certain people who should not
possess firearms in the state of Vermont?”
The bill addresses two classes of people: those
convicted of felonies involving violence, crimes
against children and serious drug offenses; and
those who have been found by a court to suffer from
a mental illness that makes them a threat to themselves or others and who have been involuntarily
committed to psychiatric care or have avoided
criminal conviction by reason of insanity.
In the case of convicted felons, the bill would
make Vermont join the other 49 states and the federal government in making it a crime for most
felons to possess firearms. Vermont would make
such post-conviction possession a misdemeanor.
Those found by a court to be mentally ill could
petition for restoration of their gun rights 18 months
after being deemed fit to leave the custody of the
state Department of Mental Health.
The 18-month waiting period drew some debate,
and a proposal by another Judiciary Committee
member, Sen. Joe Benning, D-Caledonia, that the
waiting period be removed in favor of a person
being allowed to seek restoration of gun rights immediately after being found no longer mentally ill
was defeated on a voice vote.
The bill drew impassioned debate at a public
hearing in February, with hundreds of supporters
wearing the green stickers and T-shirts of the GunSense Vermont gun safety group and a larger group
of critics wearing hunter orange.
Sen. John Rodgers, D-Essex-Orleans, said during Wednesday’s debate the bill started as “an attack
on our heritage and our culture.”
“I, for one, was born here and brought up in a
gun culture,” he said. “And I think others who
move to Vermont because they like the culture are
welcome. Others who have stated that they want to
change our culture here may want to seek another
place that has a culture they like.”
By BoB saLsBeRG
Associated Press
BOSTON — From picturesque
coastal estuaries of Cape Cod to the
soaring White Mountains, much of
New England’s rich native flora is
fighting for survival against increasing
odds, according to what conservationists call the most comprehensive accounting ever made of the region’s
plant life.
The report, to be released Thursday
by the New England Wild Flower Society, studied more than 3,500 known
plant species and determined that 22
percent are considered rare, in decline,
endangered or possibly extinct. Many
plants also range over a much smaller
geographical area than they once did.
Another statistic that researchers
found alarming: More than 30 percent
of current plant species are not native
to the region. Non-native or invasive
species often compete with and crowd
out existing plants.
The report’s authors cite numerous
risk factors, including familiar ones
such as climate change, land development, forest clearing and pesticides.
But among the lesser-known threats to
plant life are dams that alter floodplains; commercial harvesting for
pharmaceutical use; and salt marsh
dieback, a complex process of erosion
that already has affected more than 80
percent of Cape Cod marshes, the report said.
Imperiled plants carry a variety of
exotic or obscure names: Goldenseal
and American Ginseng, gathered for
culinary or medicinal purposes in
New England’s northern hardwood
forests; Jesup’s milk-vetch, a federally
endangered species found in three
places along the Connecticut River
and nowhere else; sandplain gerardia,
birds-foot violet and wild goat’s-rue,
all native to drier grasslands; and saltpond pennywort, one of many rare
plants that reside in marshy coastal
habitats.
The decline of these and other
species have enormous ramifications
to wildlife and humans, the report
warns, because of the obvious if underappreciated role plants play in
complex ecosystems.
“You actually have to save the
plants because that is the base of the
food chain,” said Debbi Edelstein, the
society’s executive director. “And
that’s what all of those critters that you
are thinking you want to save, whose
habitat you want save, are depending
on.”
The nonprofit organization, based
in Framingham, Massachusetts, said
it compiled the information through
observations made by hundreds of
volunteers and professional botanists
throughout New England and data
culled from voluminous historical surveys, some as far back as the botanical
journals of famous naturalists such as
Henry David Thoreau.
Douglas Tallamy, a professor of entomology and wildlife ecology at the
University of Delaware who was not
involved with the study, said the estimate that 31 percent of New England
plants are non-native appears consistent with other parts of the country.
He said humans are often guilty
of displacing native plant commu-
nities through development while
adorning their gardens with plants imported from overseas.
“We have come to see plants simply as decorations and we just want to
have pretty landscapes, but in doing
that we have forgotten all the ecological roles that they play,” Tallamy said.
The report recommends additional
research and documentation of New
England flora, improved public
awareness of invasive species, and
stronger conservation laws and land
management measures where needed.
“It’s not all gloom and doom,” said
Elizabeth Farnsworth, the organization’s senior research ecologist. The
overall diversity of New England
plant life still compares favorably
with many other regions in the U.S.,
she said, and many plants continue to
flourish in part because of successful
ongoing conservation initiatives.
Robbins cinquefoil, a small plant
related to the rose and once so rare
that 95 percent could be found within
a 1-acre site on New Hampshire’s
Mount Washington, fell victim over
the years to poachers and hikers who
trampled it underfoot. Placed on the
federal endangered list in 1996, the
plant had a resurgence after the U.S.
Fish and Wildlife Service, the White
Mountain National Forest and the Appalachian Mountain Club worked to
divert a popular hiking trail and create
a barrier to shield the plant. Today,
more than 14,000 inhabit the site, the
report said.
Individuals can help, Farnsworth
said, simply by planting a native shrub
on their property or teaching their
children to appreciate native plant life.
“We can begin to reverse these declines,” she said.
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Black Cyan Magenta Yellow
For further details contact:
Farm & Forest Auction Service
David Campbell, Auctioneer
802.673.7177
dave@farmandforest.com
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CALEDONIAN Black Cyan Magenta Yellow
THE RECORD • THuRSDAY, mARCH 26, 2015
A7
Champlain Valley Equipment
“Growing to meet your needs”
Since 1970
72 Kubota Drive | Berlin, VT | 802.223.0021
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802.766.2400
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802.524.6782
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802.388.4967
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Black Cyan Magenta Yellow
CALEDONIAN Black Cyan Magenta Yellow
THE CALEDONIAN-RECORD
A8
Labs
Continued from Page A1
‘ANIMAL HOUSE’ AT DARTMOUTH ACCUSED OF BRANDING MEMBERS
By hoLLy RameR
Associated Press
CONCORD, N.H. — A Dartmouth College fraternity that
partly inspired the 1978 movie
“Animal House” has been accused
of branding new members while
under suspension last fall, but the
group’s lawyer denies that anyone
was hazed or hurt.
Alpha Delta, which has a recent
history of hazing and other disciplinary violations, was suspended
in October for breaking alcohol
rules during one party and hosting
another without registering it with
the college. Officials are now extending that suspension over new
allegations, first reported Tuesday
by the website Gawker, that members were branded last fall.
Attorney George Ostler said
Wednesday that the fraternity acknowledges that a small group of
members voluntarily chose to get
body brands, but said the practice
was never a condition of membership and has since stopped.
“This was viewed as a form of
self-expression, similar to body
piercing or tattooing,” he said.
“The facts are that no hazing occurred, under either New Hampshire law or under Dartmouth
College’s standards. Contrary to
other reports, no one has been injured by this activity.”
College spokesman Justin Anderson declined to discuss details
Hjelm
Continued from Page A1
realize that you’ve been affected
and I regret any harm or hurt feelings that were caused by anything
I had said or done. In looking back
I should have voiced my concerns
to Chad or Sel,” wrote Hjelm.
“Sincerely, Don.”
Hjelm had to the write the apology as part of his diversion program requirements that allowed
him to escape criminal prosecution
for disorderly conduct and a possible sentence of 60 days in jail
and/or a $500 fine.
Smith said Hjelm was apologizing to the wrong person for an act
he once characterized as “indefensible,” because it occurred during
of the allegations, including how
many students may have been
branded or what they may have
been branded with, but the college
has described the fraternity’s previous behavior.
After being on probation for
most of the previous three years,
the fraternity was suspended in
October for hosting an unregistered party for about 70 people in
August and for a March 2014 party
that featured rum, whiskey and
other liquor without having a designated server or someone checking IDs.
That suspension was supposed
to end March 29, but Anderson
said Dartmouth is extending it and
considering harsher punishment,
including permanent removal of
the fraternity, if the allegations are
founded.
Anderson said the new claims
came to the administration’s attention in December 2014 and the
school notified the Hanover Police
Department.
The investigation comes amid
increased scrutiny of fraternities as
colleges nationwide grapple with
issues of high-risk drinking and
sexual assault. At Penn State, police are investigating allegations
that members of Kappa Delta Rho
used a private Facebook page to
post photos of nude and partly
nude women, some apparently
asleep or passed out. At the University of Oklahoma, a fraternity
was shut down when members
were caught on video singing a
racist song.
At Dartmouth, two students
were seriously injured when they
fell off Alpha Delta’s roof in 2011,
and the fraternity was indicted in
2013 on two charges of providing
alcohol to minors. Under an agreement with a judge, members were
ordered to perform community
service, pay fines, register any
gathering involving more than 10
nonmembers and alcohol and appoint a “risk manager” for the
house. Also that year, the fraternity
apologized after throwing a
Bloods and Crips-themed party.
Earlier this year, Dartmouth
College President Philip Hanlon
— who was a member of Alpha
Delta in the 1970s — announced a
series of reforms to eliminate
problems he said were “hijacking”
Dartmouth’s future that included
high-risk drinking, sexual assault
and a lack of inclusiveness on
campus. The college is banning
hard liquor on campus, ending
pledge or probationary periods for
all student groups to reduce hazing, developing a mandatory sexual violence prevention program
and creating new residential communities.
Ostler said that Alpha Delta
deeply regrets the negative light
the incident shines on both the fraternity and college and that members are cooperating with the
administration.
a recreation league soccer game involving young children.
“I told the diversion board that
he should have to apologize to the
kids,” said Smith.
Smith also questioned Hjelm’s
insistence that his behavior was
“out of character” for him.
“Based on my past interactions
with him it wasn’t out of character,” said Smith.
Hjelm was given diversion by
prosecutors after being cited by St.
Johnsbury Police for disorderly
conduct following the incident.
The diversion program requires
defendants to admit their crime.
Hjelm has said he was provoked
by something Smith said about his
child who was playing in the
game.
Smith said he has never made a
derogatory remark about a child
but asked Hjelm why he seemed to
encourage his son to play so rough
with smaller kids.
Hjelm’s attorney, David Sleigh
of St. Johnsbury, said Smith threatened to “smoke” Hjelm prior to the
attack.
Smith, who was not injured during the incident, denied threatening Hjelm.
Smith, who is also vice president of St. Johnsbury Baseball, has
had prior run-ins with Hjelm during youth sporting events. Smith
said Hjelm once threatened to assault and sue him after he told
Hjelm he had to leave the baseball
field because Hjelm refused to undergo a background check required
of all on-field volunteers.
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been encouraged by town officials
to instead look at the area near
Northeastern Vermont Regional
Hospital to locate the collection
site, but she said her fear is the people who could most benefit from
the business will find it difficult to
get to the NVRH area. “Some people, especially those in early recovery, have difficulty getting around.”
Lowell said the Rutland site is a
downtown location, and it is expected to be open next week. Most
of the nine collection locations,
Lowell said, are in or very near
downtowns.
She said the clients that use the
collection services are state agencies like the Department of Transportation and anyone on a drug
maintenance program as ordered by
a doctor, psychiatrist or therapist.
“It’s for anyone who needs to
produce proof of clean urine,” said
Lowell.
The samples are collected and
transported to a laboratory in
Burlington for analysis.
Lowell said it is her job to get the
St. Johnsbury site up and running.
She said collection sites are staffed
by a man and a woman. The hours
of operation are 9 a.m. to 5:45 p.m.,
Poets
Continued from Page A1
rethink what famous meant. And in
both of them I liked that you were
changing your perspective on things.
[Editor’s note - Emily’s other
poem was “In Praise of Pain” by
Heather McHugh]
Sometimes people show up reciting the same poem. What was that
like?
It’s really interesting to see that
because you see the different ways
that people interpret the same poem.
I learned that there are many different ways to think of one poem, and
that everyone has a different style of
reciting poems.
I think next year I will choose different types of poems because I didn’t realize how stylistically set I was
in the poems I chose.
How did you feel about being on
television?
There were three cameras on me
at once, plus a photographer and the
audience. At first I was really
freaked out about it. But once I got
up there I realized I was just embodying the poem. That helped me
get rid of my nerves.
What was it like hearing your
name called to move on to the state
finals?
I was really not expecting to hear
my name called for finals! I loved
the experience [of regionals], and
that would have been enough for
me. It’s a great experience because
of the community that’s there with
the other reciters. We’re all going
through the same thing and we all
have the same interests. Most of us
are theatre nerds!
In the semi-finals we were stuck
in a room together for an hour before
the performance and it was really
cool to talk to other people my age
who were doing the same thing. It
doesn’t feel like a competition really
Kelley
Continued from Page A1
at trial and what they can or cannot
say, deferred to trial.
“What evidence may be admitted
at trial is reserved for trial,” said the
judge. “It seems to me less evidence
will be presented at trial than either
party anticipates.”
Kelley, 51, a former family practice physician from Whitefield,
faces a Class B felony count of interference with custody that charges
her with unlawfully removing Mary
Elizabeth Nunes from New Hampshire in late 2004 after her ex-husband, Mark Nunes, was granted
lawful custody of her.
Authorities say Kelley and her
husband, Scott Kelley, took Mary
Nunes to Colorado then disappeared, possibly to Central America.
Genevieve Kelley is the only one
of the three to resurface, 10 years
later, after she turned herself into
Coos authorities in November with
the intent to face a jury trial. Her attorneys plan to argue she fled with
her daughter because she believed
her daughter was being sexually
abused by Mark Nunes, Mary’s biological father.
After investigations by the
Grafton County Sheriff’s Department and N.H. Division of Children, Youth and Families, the
agencies did not substantiate the
Black Cyan Magenta Yellow
THURSdAy, MARCH 26, 2015
Monday through Friday.
She said people may be mistakenly associating Burlington Labs
with offices that provide or prescribe drugs.
“It’s important that if people are
concerned that we squash any fears
that people may have,” she said.
There hasn’t been much communication by the company to the
town, and concerned residents appear to be taking a wait and see approach.
Former Selectman Alan Ruggles
brought the issue up at the select
board meeting Monday. Chairman
Kevin Oddy said the town has received no permit from Burlington
Labs, and the board would take no
position about the plan until it becomes official.
The issue for downtown businesses is that a collection site does
not seem a good fit for the area.
“We’d love to see a bakery in
that spot, or a yarn store [referring
to two businesses that once had
shops in the Eastern Avenue building],” said Ann Hare, president of
the St. Johnsbury Chamber of
Commerce. “There’s a lot of businesses we would love and encourage to come into our downtown.”
A collection site, Hare said,
would be better suited near other
health-related facilities.
Lowell said she understands her
office is not providing the same
services as other downtown shops,
but she said the look of the office
would not scare anyone away from
the downtown.
“It’s not like we have a big sign
that says ‘we collect your urine
here,’” she said.
She said Burlington Labs can
serve a need in St. Johnsbury as the
community - like many in Vermont
- confronts drug issues.
“At Burlington Labs, we believe
that recovery works. Participants in
recovery programs are on the road
to greater opportunities and healthier choices,” the web site states.
“We know that outstanding clientfocused drug testing can guide
providers in delivering the most effective treatment, and help keep individuals on the sober path.”
Lowell, who is a Northeast Kingdom native, said the company’s
mission is a personal passion.
“I’m four years clean and sober,”
she said, referring to the success she
has had in conquering drug addiction.
Lowell said she’s confident the
downtown location would work in
St. Johnsbury.
“There’s no reason why we can’t
be friendly and work together for
the benefit of the downtown,” said
Lowell.
because there can be 10 people who
do an amazing job and it’s really
subjective. It doesn’t mean that you
didn’t do a great job, it’s just what
the judges were looking for.
It doesn’t feel like a competition,
we’re all just cheering each other on.
—————
But this is fitting punishment,
To live and love in vain,
Oh my wrung heart, be thou content,
And feed upon his pain.
“Revenge” by Letitia Elizabeth
Landon
Cara Metivier, senior,
St. Johnsbury Academy
This was Cara’s third year competing, her first year making it to the
state finals.
What did your poems mean to
you personally?
My strongest poem I still think
was “Revenge,” which is a very sad
and angry poem. It’s about heartbreak. But I connected with it on
such a deep level that when I declaimed it to other people, they said
that they could feel how sad I felt
and I kind of had to open myself up
to the audience. And that was hard at
first because I loved the poem, but it
was really trying to convey what I
was feeling. I kind of had to relive
what I was feeling to really get into
it, but after I got through that, I had
so much power in that poem that I
was like, I can kick butt with this! I
conquered those emotions. It kind of
helped me get through those emotions too.
[Editor’s note - Cara’s other poem
was “Part for the Whole” by Robert
Francis]
What was it like hearing your
name called to move on to the state
finals?
They called two names before
they called mine and I was just sitting there thinking, it’s okay if I
don’t get called because today was
so much fun! It doesn’t matter. And
then I heard my name and the light
was coming down on me and I was
just smiling so much. Oh, this made
it an even better day!
How did you feel about being on
television?
You have to keep in mind that
you’re declaiming to the studio audience and the judges and everyone
who is watching on TV, so who do
you want to direct the poetry to?
In the PBS studios, it’s this little
stage and everyone you’re competing against is right in front of you
and there’s cameras everywhere and
you can see everything. You’re looking at the entire audience and the
judges are right over there and you
can see them perfectly. You can see
the whites of their eyes and it’s like,
Oh no! I don’t like how they’re looking at me. It’s definitely more nerve
wracking.
I liked my performance at regionals a lot better. I felt like, this is my
time and I can do this. Whereas with
finals I was like, This is a bigger
deal!
Will you continue with poetry in
college?
I like performing anyway and I
like to listen to poetry and write poetry, so [Poetry Out Loud] just
brought everything that I liked all together. I definitely have plans for
doing stuff with poetry later on. I really like slam poetry. I want to join a
slam poetry group when I go off to
college. [Cara will be attending Mt.
Holyoke in the fall.]
—————
You can watch Emily and Cara
compete in the state finals when PBS
broadcasts the competition on April
9 at 8 p.m. It is also available online
at vermontpbs.org as of Thursday afternoon.
The national finals will be held in
Washington, D.C. on April 28 and
29.
claims of abuse and Mark Nunes
was never charged.
According to court documents,
Kelley and Mark Nunes went
through an “acrimonious divorce”
in 1998 that involved custody and
visitation rights regarding Mary.
In 2003, Kelley, then remarried,
filed a motion to suspend visitation
by Mark Nunes, alleging Mary was
being abused.
There was a specific order for
Kelley to take her daughter to in-patient treatment in Maine in 2004 to
determine what might be going on,
but Kelley did not attend. Instead
she took her daughter to a facility of
her own choosing for an evaluation,
said Coos County Attorney John
McCormick.
McCormick argued the defense is
trying to recruit the physicians in
Colorado, who evaluated Mary, to
testify that Kelley was justified in
fleeing the state with her daughter.
But such testimony would set a
precedent by encouraging people to
defy court orders because they don’t
like such orders and would promote
“doctor shopping,” he argued.
Kelley’s attorney, Alan Rosenfeld, has said the case is not about if
Mary Nunes was sexually abused,
but about if Kelley, based on the
statements of experts who treated
her daughter, believed she was
being abused and what impact those
opinions had on Kelley’s state of
mind at the time she and her daugh-
ter disappeared.
Kelley left New Hampshire with
her daughter in September 2004 for
an evaluation in Colorado and, after
returning to New Hampshire, left
the state again in November 2004,
said McCormick.
Mary Nunes was last seen with
Scott Kelley on Nov. 2, 2004 getting
on a bus in Littleton, said McCormick. Four days later, there were
hits on the passports of Scott Kelley
and Genevieve Kelley in Central
America and indications of entry
into Honduras, he said.
In December 2004, after Kelley
left New Hampshire with Mary
Nunes in violation of a court order,
Mark Nunes was granted full custody of his daughter for the purpose
of finding her and returning her to
New Hampshire, argue prosecutors.
“We have a complex case with a
very involved history here,” said
McCormick.
Wednesday’s hearing drew about
a half dozen of Kelley’s supporters.
Mark Nunes, now living in California, also attended.
If convicted, Kelley faces a maximum state prison sentence of 3 1/2
to 7 years.
Only Kelley and her defense
team are believed to know the
whereabouts of Mary Nunes, who is
expected to support her mother at
trial. Scott Kelley, whose whereabouts are also unknown, remains a
fugitive.
CALEDONIAN Black Cyan Magenta Yellow
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THE RECORD • THuRSDAY, mARCH 26, 2015
NATION & WORLD
LAWN CARE SERVICES
RuralEdge is seeking Lawn Care Services at properties in
Caledonia, Orleans and Essex counties for the 2015 season. Bids should be presented on or before Friday, April
3rd, 2015 as an annual contract to include Spring/Fall
Clean-up services. Scopes of Work are available upon
request by contacting Joni or Diana at 802-535-3555.
Bids may be submitted to either of our offices located at
48 Elm Street, Lyndonville, VT & 26 Compass Drive,
Newport, VT; via fax at 877-689-5772; or email
jonin@ruraledge.org & dianab@ruraledge.org
PROPOSED
STATE RULES
By law, public notice of proposed rules must be given by publication
in newspapers of record. The purpose of these notices is to give the
public a chance to respond to the proposals. The public notices for
administrative rules are now also available online at https://secure.vermont.gov/ SOS/rules/. The law requires an agency to hold a public
hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon
as possible.
To obtain further information concerning any scheduled hearing(s),
obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You
may also submit comments in writing to the Legislative Committee on
Administrative Rules, State House, Montpelier, Vermont 05602 (802828-2231).
Administrative Rules of the
Vermont Board of Pharmacy
Vermont Proposed Rule: 15P014
AGENCY: Board of Pharmacy
CONCISE SUMMARY: The amendments to the June 2014 rules are
made to require national certification of pharmacy technicians as permitted by 26 V.S.A. Section 2042a(2). The board also proposes
changes to streamline the rules regarding inspection of new pharmacies, addition of a definition of "device", changes for electronic prescription of drugs and clarification or correction of ambiguities from
the 2014 rule revision.
FOR FURTHER INFORMATION, CONTACT: Larry Novins Office of
Professional Regulation 89 Main Street, 3rd Floor, Montpelier, VT
05620-3402 Tel: 802-828-2883 Fax: 802-828-2368 Email:
larry.novins@sec.state.vt.us URL: https://www.sec.state.vt.us/professional-regulation/professions/pharmacy.aspx.
FOR COPIES: Aprille Morrison, Office of Professional Regulation, 89
Main Street, 3rd Floor, Montpelier VT 05620-3402 Tel: 802-828-2373
Fax: 802-828-2368 Email: aprille.morrison@sec.state.vt.us.
Reach Up / Reach First / Reach Ahead /
Postsecondary Education Rules
Vermont Proposed Rule: 15P015
AGENCY: Dept. for Children and Families
(DCF)
CONCISE SUMMARY: This rule proposes changes to the Reach Up
and Reach Ahead programs required by Act 198 (2014), An Act
Relating to Reach Up, Reach Ahead, and the Enhanced Child Care
Services Subsidy Program. Act 198 increases the Reach Up earned
income disregard from $200 to $250 and extends the Reach Ahead
program from 12 to 24 months, with a $50.00 food benefit for the first
year and a $5.00 benefit for the second year. This legislation also
extends the support services, including a 100 percent child care services subsidy, available to Reach Ahead participants from 12 to 24
months. In addition, this rule clarifies provisions in the Reach Up,
Reach First, and Postsecondary Education programs' rules related to
time limits, temporary absences, shared custody situations, multi-generational households, the conciliation process, and excused
absences and holidays.
FOR FURTHER INFORMATION, CONTACT: Heidi Moreau, Policy
Analyst, Agency of Human Services, Department for Children and
Families, Economic Services Division, 103 South Main Street,
Waterbury, VT 05671-1201, Tel: 802-595-9639, Fax: 802-769-2186,
Email: heidi.moreau@state.vt.us, URL: http://dcf.vermont.gov/esd/rules.
FOR COPIES: Afsar Sultana, Agency of Human Services, Department
for Children and Families, Economic Services Division, 103 South
Main Street, Waterbury, VT 05671-1201, Tel: 802-769-6279, Fax: 802769-2186, Email: afsar.sultana@state.vt.us.
Rule Governing Public Use of Vermont
Fish and Wildlife Department Shooting
Ranges: 10 V.S.A. Appendix § 15b
Vermont Proposed Rule: 15P016
AGENCY: Vt. Agency of Natural Resources
CONCISE SUMMARY: The purposes of this rule are to regulate public
activities and use at Vermont Fish and Wildlife Department shooting
ranges, to provide for the safe and efficient operation of these facilities
and to protect the health, safety, and welfare of the public.
FOR FURTHER INFORMATION, CONTACT: Catherine Gjessing
Vermont Fish and Wildlife Department 1 National Life Drive, Davis 2,
Montpelier, VT 05620-3702 Tel: 802-595-3331 Fax: 802-828-1250
Email: catherine.gjessing@state.vt.us URL: http://www.vtfishandwildlife.com
FOR COPIES: Daniel Pieterse, Vermont Fish and Wildlife Department,
1 National Life Drive, Davis 2, Montpelier, VT 05620-3702, Tel: 802272-6923, Email: daneil.pieterse@state.vt.us.
GOP-controlled House Passes Budget To Erase Deficits
By david esPo
AP Special Correspondent
WASHINGTON — Normally
quarrelsome House Republicans
came together Wednesday night and
passed a boldly conservative budget
that relies on nearly $5 trillion in cuts
to eliminate deficits over the next
decade, calls for repealing the health
care law and envisions transformations of the tax code and Medicare.
Final passage, 228-199, came
shortly after Republicans bumped up
recommended defense spending to
levels proposed by President Barack
Obama.
Much of the budget’s savings
would come from Medicaid, food
stamps and welfare, programs that aid
the low-income, although details were
sketchy.
Rep. Tom Price, R-Ga., chairman
of the House Budget Committee,
called the plan a “balanced budget for
a stronger America” — and one that
would “get this economy rolling
again.”
Democrats rebutted that the GOP
numbers didn’t add up and called
their policies wrong-headed.
“People who are running in place
today are not going to be moving forward under the Republican budget,
they’re going to be falling back,” said
Rep. Chris Van Hollen of Maryland.
The Republican-controlled Senate
is likely to approve its version of a
budget by week’s end.
White House press secretary Josh
Earnest said after the vote that Obama
has been clear that he will reject a
budget that locks in deep spending
cuts or increases funding for national
security funding without providing
matching increases in “economic security” funding.
“The administration will continue
to abide by these principles moving
forward,” Earnest said.
The plans themselves are nonbinding and do not require a presidential signature. Instead, once the House
and Senate agree on a common approach, lawmakers will have to draft
legislation to carry out the program
that Republicans have vowed to follow in the wake of campaign victories
last fall that gave them control of both
houses of Congress.
Still, House passage of a budget
marked a significant victory for
Speaker John Boehner and the GOP
leadership, which have struggled
mightily to overcome differences
within a fractious rank and file.
An equally notable second triumph
appeared on the horizon. Legislation
to stabilize the system of payments to
AP PHOTO
Sen. Bernie Sanders, I-Vt., center, speaks during a news conference on Capitol Hill in Washington,
Wednesday, March 25, 2015, to discuss the budget. From left are, Senate Minority Whip Richard
durbin of Ill., Rep. Chris Van Hollen, d-Md., ranking member on the House Budget Committee,
Sanders, Rep. Steve Israel, d-N.y., Sen. Charles Schumer, d-N.y., and Rep. Xavier Becerra, d-Calif.
doctors who treat Medicare patients is
expected to clear the House Thursday,
and Obama’s declaration of support
enhanced its chances in the Senate.
It includes a requirement for upperincome Medicare beneficiaries to pay
more for their coverage, a provision
Republicans hailed as a triumph in
their drive to curtail the growth of
benefit programs.
There was nothing bipartisan about
the budget debate, though. Republicans supported it, 228-17, while all
182 Democrats who voted were opposed.
The House plan calls for $5.4 trillion in deficit reduction over a decade,
including about $2 trillion from repeal
of the law known as Obamacare.
Nearly $1 trillion would be saved
from from Medicaid and CHIP, health
care programs for the low-income,
and $1 billion from other unspecified
benefit programs. Another $500 billion would come from general government programs that already have
been squeezed in recent years by
deficit-reduction agreements between
Congress and the White House.
The budget outline itself provides
few if any details of the cuts envisioned, although once they appear in
legislation they are highly likely to
spark a veto showdown with Obama.
The president has also vowed to
defend the health care law that stands
as his signature domestic achievement. The House has already voted
more than 60 times to repeal it in part
or whole, but for the first time since
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mendation, and may decide to raise
their level further in House-Senate
compromise talks.
House Republicans said their
budget would yield a surplus of $13
billion in 2024 and $33 billion in
2025.
Democrats scoffed at the claim.
They pointed out such an outcome
would rely in part on allowing $900
billion in popular tax breaks to expire
as scheduled, and also assumed that
tax hikes would be retained from the
health care law that Republicans want
to repeal.
By contrast, Obama’s budget
would fail to eliminate deficits, despite the presence of nearly $2 trillion
in higher taxes.
In a years-old ritual, much of the
day was consumed by debate and rejection of alternatives. House Democrats, progressives and the
Congressional Black Caucus all advanced no-balance budgets that called
for more domestic spending and
higher taxes on the wealthy and corporations. The Democratic alternative
drew more votes than the others, but
failed 264-160.
The conservative Republican
Study Committee proposed far deeper
spending cuts than the Budget Committee recommended, a delay in
Medicare eligibility to age 67 for
younger workers, and a balanced
budget in six years. Republicans
voted for it 132-112, but all 182 Democrats opposed it, and it went down
to defeat.
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the law passed, House members have
a willing partner in the Senate.
The prospect of sending Obama
legislation to repeal the health care
law contributed to the unusual degree
of unity among House conservatives.
Without a budget in place, they noted,
the repeal measure would not have
special protection against a Senate filibuster — and would not reach the
White House.
As they have in recent years,
House Republicans call for the transformation of Medicare into a voucherlike program. Senate Republicans,
already worried about defending their
majority in 2016, omitted that from
their plan.
Both the House and Senate plans
call for an overhaul of the tax code.
Defense spending caused a few
anxious moments for Boehner and the
leadership as the budget moved
through the House Budget Committee and across the floor.
As drafted by the panel, it called
for $610 billion for the Pentagon for
the coming budget year. Of that, $87
billion would come from an account
that supports overseas military operations, and $21.5 billion would be dependent on offsetting spending cuts
elsewhere.
On a vote of 219-208, Republicans
raised the overall level to $612 billion,
none of it contingent on offsetting
savings.
Obama’s budget called for $612
billion in defense spending. Republicans are eager to exceed his recom-
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2015 Vermont Plumbing Rules
Vermont Proposed Rule: 15P017
AGENCY: Public Safety
Show Your
Card & Save
CONCISE SUMMARY: The primary focus of this rule is to update the
Vermont Adoption of the International Plumbing Code from the 2012
to the 2015 edition. The rules allow more current methods and materials to be utilized. Rules are amended to clarify intent and answer frequently asked questions.
FOR FURTHER INFORMATION, CONTACT: Joseph R. Benard,
Department of Public Safety, 1311 US Route 302, Suite 600, Barre, VT
05641-2351, Tel: 802-479-7566, Fax: 802-479-7562, Email:
joseph.benard@state.vt.us URL: http://www.firesafety.vermont.gov.
FOR COPIES: Gerald Garrow, Department of Public Safety, 56 Howe
Street, Building A - Suite 200, Rutland, VT 05701-3449, Tel: 802-7865841, Fax: 802-789-5872, Email: gerald.garrow@state.vt.us.
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By Dave Green
Tundra
Zits
fred Basset
Find The Jumble Game
in Classifieds,
page B10.
3 5
1
7 5
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9
6 7
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9
4
Sudoku And ScrabbleGram Solutions
From Wednesday, March 25
Hagar The Horrible
6
5
3
9
7
4
2
1
8
8
2
9
5
6
1
4
3
7
1
4
7
2
8
3
6
5
9
2
6
8
1
4
9
3
7
5
9
3
5
7
2
6
8
4
1
4
7
1
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2
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4
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8
1
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2015 Conceptis Puzzles, Dist. by King Features Syndicate, Inc.
Garfield
Sudoku Directions: Sudoku puzzles are
formatted as a 9x9 grid, broken down into
nine 3x3 boxes. To solve a sudoku, the numbers 1 through 9 must fill each row, column
and box. Each number can appear only once
in each row, column and box. You can figure
out the order in which the numbers will appear
by using the numeric clues already provided in
the boxes. The more numbers you name, the
easier it gets to solve the puzzle!
3/25
Difficulty Level
ScrabbleGrams Directions: Make a 2to 7-letter word from the letters in each row.
Add points of each word, using scoring directions at right. Finally, 7-letter words get 50point bonus. “Blanks” used as any letter have
no point value. All the words are in the Official
SCRABBLE® Players Dictionary, 4th Edition.
Peanuts
SOLUTIONS TOMORROW
THURSDAY MAR. 26
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Walker, Tex. Ranger Walker, Tex. Ranger FamFeud FamFeud Raymond Raymond King
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Law & Order: SVU
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USA Law-SVU Law & Order: SVU
Saturday Night Live ’ Å
Hot GRITS ’
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›› “Semi-Pro” (2008)
VH1 (:00) ›› “Semi-Pro”
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2015 Conceptis Puzzles, Dist. by King Features Syndicate, Inc.
Blondie
Buckles
Shoe
Baby Blues
THE RECORD • THuRSDAY, mARCH 26, 2015
CALEDONIAN Black Cyan Magenta Yellow
A12
At Iraq’s request, US conducting airstrikes in
support of Iraqi forces in Tikrit
WASHINGTON (AP) — At Iraq’s request, the U.S. began airstrikes in
Tikrit on Wednesday in support of a stalled Iraqi ground offensive to retake
the city from Islamic State fighters, a senior U.S. official said.
The airstrikes were “ongoing,” the official said without providing details.
The official spoke on condition of anonymity because the attacks had not yet
been officially announced.
An Associated Press correspondent in Tikrit reported hearing warplanes
overhead late Wednesday, followed by multiple explosions.
Iraq began the Tikrit ground offensive in early March without requesting
U.S. air support, even as it welcomed help from Iran.
In an address to the nation Wednesday evening, Prime Minister Haider alAbadi predicted success in Tikrit but did not say the U.S. was providing
airstrikes.
Military: Bergdahl may face up to life in prison
if convicted of misbehavior before the enemy
FORT BRAGG, N.C. (AP) — Army Sgt. Bowe Bergdahl, who abandoned
his post in Afghanistan and was held captive for five years by the Taliban,
was charged Wednesday by the U.S. military with desertion and misbehavior
before the enemy and could get life in prison if convicted.
The misbehavior charge could land Bergdahl in prison for life, though
some legal experts said a lengthy sentence was unlikely. He also could be
dishonorably discharged and forfeit all his pay if convicted on either charge.
Next, an Article 32 hearing — similar to a civilian grand jury proceeding
— will be held at Fort Sam Houston in San Antonio, where Bergdahl has
been performing administrative duties. A date was not announced. From
there, it could be referred to a court-martial and go to trial.
His attorney did not immediately respond to a request for comment.
The charges are the latest development in a long and bitter debate over
Bergdahl’s case. They also underscore the military and political ramifications
of his decision on June 30, 2009, to leave his post after expressing misgivings
about the U.S. military’s role, as well as his own, in the Afghanistan war.
Spanish, German towns tied together in plane
crash tragedy; ‘There’s no going back’
HALTERN, Germany (AP) — They were supposed to be the lucky ones
— the 14 girls and two boys chosen by a lottery from dozens of 10th graders
in their high school to go on a weeklong exchange program in Spain.
But instead they and their two teachers became victims in the Germanwings Flight 9525 crash in France, which also killed 132 others, as they were
on their way home from the exchange — a disaster that has tied two towns
far apart in tragedy.
Lara Beer said she had waited eagerly at the Haltern train station on Tuesday afternoon, looking forward to seeing her best friend Paula upon her return
home from the exchange trip. The train came but her friend was not on it.
“I just went back home,” the 14-year-old told The Associated Press on
Wednesday, wiping tears away under her red-framed glasses. “Then my parents told me Paula was dead.”
The German students had been returning from Llinars del Valles, a small
Spanish town northeast of Barcelona.
French investigators get audio from jet’s black
box, search for 2nd one on craggy Alpine slope
SEYNE-LES-ALPES, France (AP) — French investigators cracked open
a mangled black box and extracted audio from its cockpit voice recorder
NATION & WORLD
WORLD BRIEFS
Wednesday, but gleaned no explanation for why a German plane dropped
unexpectedly and smashed into a rugged Alpine mountain, killing all 150 on
board.
The orange cockpit voice recorder — dented, twisted and scarred by
the impact — is considered key to knowing why the pilots of Germanwings Flight 9525 lost radio contact with air traffic controllers over the
French Alps and then crashed Tuesday during a routine flight from
Barcelona to Duesseldorf.
French officials said terrorism appeared unlikely, and Germany’s top
security official said Wednesday there was no evidence of foul play.
Remi Jouty, director of the French aviation investigative agency, said
an audio file was recovered by Wednesday afternoon, including sounds
and voices. But he said it was too early to draw any conclusions from
the recorder, which takes audio feeds from four microphones in the cockpit and records all the conversations between the pilots, air traffic controllers as well as any noises.
Jouty said the plane was flying “until the end” and was at 6,000 feet
(1,820 meters) just before it smashed into the mountainside, well below
its previous cruising altitude of 38,000 feet. He said the final communication from the plane was a routine message about permission to continue on its route.
With Yemen’s US-backed president gone, antiterror effort in Saudi Peninsula is paralyzed
WASHINGTON (AP) — The hasty maritime departure of Yemen’s
U.S.-backed president Wednesday illustrated how completely one of the
most important American counterterrorism efforts has disintegrated,
leaving the country wide open for what could be a deeply destabilizing
proxy war between Saudi Arabia and Iran.
Driven weeks ago from the capital by Shiite rebels, President Abed
Rabbo Mansour Hadi abandoned the country, leaving on a boat from the
southern port of Aden, Yemeni security officials said. His departure came
after air strikes rained down on his troops, a sign that rebels held air superiority and that Hadi’s calls for an international no-fly zone had been
disregarded. On the ground, the rebels were advancing toward his position.
Three years ago, American officials hailed Hadi’s ascension to power
in a U.S.-brokered deal that ended the longtime rule of Ali Abdullah
Saleh during the political upheaval of the Arab Spring. And just a few
months ago, President Barack Obama was still calling Yemen a counterterrorism success story, even as the CIA warned that Iranian-backed
Houthi rebels were growing restive in the north of the country.
Now, U.S. officials acknowledge their efforts against Yemen’s dangerous al-Qaida affiliate are seriously hampered, with the American embassy closed and the last U.S. troops evacuated from the country over
the weekend. Although the Houthis have seized control of much of the
country and are avowed enemies of al-Qaida, they can’t project power
against the militants the way the Hadi government could with American
support, officials say. Deeply anti-American, the Houthis have rejected
U.S. overtures, officials say.
Al-Qaida in the Arabian Peninsula, or AQAP, is considered the terror
group most dangerous to the U.S. because it successfully placed three
bombs on U.S. bound airlines, although none exploded. The chaos in
Yemen will give the group breathing space, American officials acknowledge.
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Afghan president vows to work toward
self-reliance, says his nation won’t be
‘lazy Uncle Joe’
WASHINGTON (AP) — Afghan President Ashraf Ghani thanked Congress on Wednesday for billions of American tax dollars and vowed his warwracked country will be self-reliant within this decade.
“We’re not going to be the lazy Uncle Joe,” he said.
In a speech to a joint meeting of Congress, Ghani moved to mend U.S.Afghan relations that were frayed under former President Hamid Karzai.
Lawmakers have been critical about the lengthy U.S. troop presence in America’s longest war, wasteful spending in Afghanistan and were stung by
Karzai’s anti-American rhetoric.
Ghani humbly thanked Congress for the nearly $107 billion it has appropriated for Afghanistan so far. He paid homage to the 2,200 U.S. servicemen
and -women who lost their lives in the war and the thousands more who were
wounded, and thanked the U.S. aid workers who built schools, wells and
cured the sick.
“At the end of the day, it is the ordinary Americans whose hard-earned
taxes have over the years built the partnership that has led to our conversation
today,” he said to applause in the House chamber packed with hundreds of
lawmakers, dignitaries and guests.
Nigerian official: Boko Haram extremists abduct
hundreds, including children, as human shields
ABUJA, Nigeria (AP) — Hundreds of civilians, including many children,
have been abducted and are being used as human shields by Boko Haram
extremists, a top Nigerian official confirmed Wednesday. The news of the
mass kidnappings comes as Nigeria prepares for crucial elections on Saturday. Several hundred people were taken captive by the Islamic militants as
they retreated earlier this month from Damasak in northeastern Nigeria, Mike
Omeri, the Nigerian spokesman for the fight against Boko Haram, told The
Associated Press Wednesday. He said he could not specify how many were
taken captive but local reports say as many as 500 people were seized.
When troops from Chad and Niger advanced toward Damasak, Boko
Haram began taking captives, said Omeri, speaking in Nigeria’s capital,
Abuja.
Heinz and Kraft join to create food giant, now
must catch up with shoppers’ changing tastes
NEW YORK (AP) — Some of the most familiar names in ketchup, pickles, cheese and hot dogs are set to come under the same roof after H.J. Heinz
Co. announced plans Wednesday to buy Kraft and create one of the world’s
largest food and beverage companies.
The deal would bring together an array of longtime staples in American
kitchens, including Oscar Mayer lunchmeats, Jell-O desserts, Miracle Whip
spreads, Ore-Ida potatoes and Smart Ones diet foods.
The combination of the two companies – each more than a century
old –was engineered by Warren Buffett’s Berkshire Hathaway and Brazilian
investment firm 3G Capital, which teamed up just two years ago to buy
Heinz. While shoppers are not expected to see any major changes, the creation of The Kraft Heinz Co. reflects the pressures facing some of the biggest
packaged food makers in the U.S.
As consumers increasingly migrate away from popular packaged foods
in favor of options they consider less processed, companies including Campbell Soup, General Mills and Kellogg have been slashing costs or striking
deals to update their products offerings. The Heinz-Kraft deal is in many
ways just the latest example of that, although Buffett noted that the two companies still have a strong base of customers.