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Norwich Observer 

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UPDATE: Verizon Wireless Proposed Cell Antenna For Norwich Green

Although no final action was taken at its October 25 meeting, the Selectboard did not object to the Verizon Wireless proposal to place a cell antenna on the Norwich Green, near the Marion Cross School. No public comments, for or against, the antenna were made. In response to questions by Board members, the Verizon Wireless representative said, based on the meeting video at CATV8, that the improved service will be very localized, no trees would need trimming for the installation, and a ‘minimal’ payment to the Town was likely. No information was provided about the proposed or ‘going rate’ of payment.

As a legal matter, the Selectboard is being asked to grant an easement to use Town land for the pole and antenna. It is NOT obligated to grant the easement, but Verizon Wireless does not need DRB approval and residents are barred from participating in the perfunctory  PUC certificate of public good approval process. The November 8 Selectboard meeting is likely the last opportunity for the public and the Town to weigh in on the antenna.

To editorialize briefly, this is a cookie-cutter installation for Verizon Wireless. Whether the cookie fits here, Verizon Wireless has not made that case except to say that service will improve for a limited area. To be fair, hundreds, if not thousands of these small cell antenna are in operation in the United States and Verizon Wireless has received about a dozen approved from the Vermont PUC in 2017. However, based on the feedback I received, the concerns of residents include noise from the equipment and RF emissions affecting children who play on the Green during recess. The State has no design criteria for adding antenna up to 10 feet in height which the statute calls a “de minimis modification”. Also unknown is whether this is a one-off proposal or whether VTel and AT&T may someday want to place antenna on the Green, on that pole or different poles.

Verizon Wireless, Local Control and State Law

On Sunday, I posted about the Verizon Wireless proposal to place a cell antenna on the Norwich Green and wondered why aesthetics and the Town’s zoning regulations were not part of the presentation by the carrier. It turns out that our zoning regulations do not strictly apply as the State has supplanted local control with its certificate of public good (CPG) law that places a streamlined approval process in the hands of the PUC.
However, that is not the end of the discussion. The CPG law does not change landowners rights. If Norwich owns the land, the Selectboard can decline to let Verizon Wireless use the land [for any reason or no reason] or negotiate terms in the best interests of the Town. Of course, the company can say no too, leaving cell coverage spotty, or find a more agreeable landowner to site the antenna.
I do not see the Verizon Wireless request as routine and think the Selectboard should get input from the Historical Society and the Planning Commission. Am I making a mountain out of a molehill? Perhaps. But, I would want to know a little more about the look and noise level of the unit before granting for ‘free’ a broad easement in perpetuity [or even for 5 years].
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LINK: Title 30 V.S.A. § 248a, Certificate of public good for communications facilities:  http://legislature.vermont.gov/statutes/section/30/005/00248a
PHOTO:  Verizon Wireless small cell short antenna atop a telephone pole, from 2015 Block Island Times story

Verizon Wireless Proposes Cell Phone Antenna For Norwich Green -- On Agenda of October 25 Selectboard Meeting

Verizon Wireless wants to improve cell service in downtown Norwich. That’s a good thing, other than the zoning regulations do not ‘seemingly’ allow what Verizon wants and the single pole antenna ’might’ impact the aesthetics of the historical district. I use ‘seemingly’ and ’might’ because the company's request addresses neither issue. The Selectboard needs more information from Verizon Wireless and the Zoning Administrator, and needs input from the Historical Society and the public before granting an easement to place a cell antenna on the Norwich Green. The topic is item 7 on the Selectboard agenda for October 25. 

The proposal is straightforward. Verizon wants to replace an existing 45 foot wood utility pole near the bandstand with a new metal pole of the same height with the addition of an over three foot high cell antenna on top. Attached to the pole at an undetermined location will be an air conditioner size box. What it will look in reality is uncertain because no photo mock up is supplied.

Visualization of proposed “Micro Cell” by Verizon Wireless in Amherst, NY

Verizon is not offering any money to the Town for the easement. 

The Selectboard is in enviable bargaining position regarding the Verizon request. The Board can presumably can reject the easement request for any reason or no reason. 

Turnpike Road Storm Repairs To Begin By End Of Month

Repairs to Turnpike Road should begin by the end of the month, if not sooner. Nott’s Excavating, Inc will handle the project, being selected as the winning bidder at the special Selectboard meeting on October 19.  The project also includes repairs to Tigertown, Upper Turnpike, and Needham Roads which also suffered damage during the July 1 storm.  If the weather cooperates, most work should be dine by mid-January. Residents will have automobile access during repairs.

Total cost of the project based on the Nott’s bid is $1,779,793. Norwich expects to receive 75% reimbursement from FEMA and 12.5% percent from the State, leaving the Town responsible for about $223,000. The town's engineering consultant, Pathways Consulting, expressed "complete confidence in [Nott’s] ability to perform  at prices they proposed”, according to the CATV8 video of the meeting.

MCS Support Staff Negotiations - Numbers Please

As of Friday, the Norwich School Board and Marion Cross School Support Staff — educational assistants and custodians — have not reached agreement on a new labor agreement. The big sticking points are pay and health insurance. The School Board says the pay increases of  over 12% over two years will offset the increase in premiums and out-of-pockets union members are expected to pay. A recent listserv post disagrees, saying “many Norwich support staff stand to lose money.”

If support staff are net losers, then they have a valid point. What is missing are numbers supporting the union’s position. To be sure, support staff do not make big bucks. Still, the Fact Finder stated the wage proposal “should enable employees to absorb the higher health insurance costs and still realize a wage increase [that will] more than keep pace with recent cost of living increases.” Report at 28.

If the union could not convince the Fact Finder, they need a better pitch to the school board (and public) to show support staff end up losing money.  Numbers please.
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LINK: Fact Finder's Report for MCS Support Staff
https://www.sau70.org/uploaded/School_Boards/Norwich/Norwich_School_District_Support_Staff_(Fact_Finding).pdf

Tom Gray Receives Award From Renewable Energy Vermont

Tom Gray of Norwich, Vermont, a wind power pioneer, received the  Renewable Energy Champion Award from Renewable Energy Vermont at REV2017, the organization’s annual renewable energy conference held earlier this month. Linda Gray, wife of Tom Gray, accepted the award presented to Mr Gray posthumously, according to an article posted online at VermontBiz. The Renewable Energy Champion Award recognizes an individual “who represents, and tirelessly ‘champions’, the benefits of developing, creating, informing, and striving to improve our state with the deployment of renewable energy generation.”


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LINK: Renewable energy innovators recognized at REV2017, published on 10/13/2017 at http://www.vermontbiz.com/news/2017/october/13/renewable-energy-innovators-recognized-rev2017

Norwich School Board Starts Work On Budget

Town Meeting is months away but the Norwich School Board has started on the budget for MCS. A “Quick Model” projects an 3.61% increase. The Budget Guidelines for next year are here.
However, in the words of Donald Rumsfield, there are several "known unknowns", including:
• contract with MCS support staff
• cutbacks in federal aid
• cost to establish a Pre-K program at MCS
• five-year building maintenance plan.
A wild card is new state government initiatives. Last year Vermont passed a law “encouraging” school districts to pay no more than 80% of teachers’ health insurance. Norwich pays 83% and as a consequence, will forfeit certain state funds next year.

No word on how much the MCS (or Dresden) budget will cost the taxpayers. Stay tuned.
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LINK: Norwich School District Budget Guidelines: https://drive.google.com/drive/folders/0B0dszyJHBhYXSzRDbk8tUGZMNk0

Selectboard Should Reconsider Takeover Of Fire District Sidewalks

Last Selectboard meeting, the Board authorized the Town Manager “to approach the Prudential Committee with the idea of acquiring the Fire District sidewalks, [in “as is” condition].” Although seen as non-binding, the action backs the Selectboard into a corner when the Fire District gladly and quickly accepts the Town taking over this liability. The matter is again on the Selectboard agenda for October 11 and I hope it gets fuller discussion. Here are some things the Selectboard should consider that were not raised the first time through.

• The Norwich Fire District is a separate and independent municipal entity, with its own tax base. In Vermont, Fire Districts provide a variety of public services, including sidewalks. Our Norwich forefathers created this special entity to provide sidewalks and water to the homes and businesses in that area. By taking over the sidewalks, and the repair and maintenance costs, the Town is making a “gift” to another municipality. The decision to reverse that history and incur ongoing liability should not be taken lightly.  I admit that the Town has been taking over sidewalks on a piecemeal basis for several years but that does not make it right.

•  The Fire District’s sidewalks need over $25,000 in repairs (excluding labor), according to information provided to the Selectboard in the packet for the July 29, 2015 meeting by then Town Manager Neil Fulton. At that 2015 meeting, the Selectboard took the Town Manager’s recommendation and did not accept the proposal that the Town take the sidewalks “as is”.  I don't know what finally happened afterwards. However, the 2017 Selectboard did not have any information about the 2015 Selectboard consideration of the issue.

•  My understanding (although I could be wrong) is that the Town pays approximately $11,000 a year to the Fire District for fire hydrant rental.  I don't know how much a fire hydrant costs or if the Town should pay the “fire” district for hydrants.  However, if the Town is going to take over the liability of sidewalks, perhaps the Fire District should give the Town the hydrants too.

• One of assumptions underlying the takeover is that this benefits the Town. That, however, is not axiomatic. In facts, lots of people do not use the sidewalks. Indeed, history in Vermont suggests such costs should be borne by the residents of the Fire District, rather than the entire Town.

•  Another assumption is that the Fire District cannot afford the upkeep of the sidewalks. That assumption has never been analyzed, for example by seeing what tax hike within that municipality would support upkeep. Indeed, in this week’s Selectboard packet is a letter from a solar company offering to pay $75,000 to rent land of the Fire District.

At the end of the day, the Town taking over the sidewalks might be a win-win. That, however, has not been shown nor have all factors been discussed.

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A history of Fire Districts in Vermont is discussed at the website of the Colchester Fire District.

Hydrant rental is a line item in the budget for the Town’s Fire Department. The Town Report for FY 2015 lists the recipients of the payment as the Norwich Fire District. Town Report 2015 at I-98.

The pertinent materials from the July 29, 2015 Selectboard packet are available here

Listers Work To Reset Relationship With Contract Assessor

Relations between the Listers and Contract Assessor was the central topic of the Listers last meeting in September 2017, according to the draft meeting minutes. The two Listers present stressed their “willingness to work cooperatively with the Contract Assessor.”
The current tensions arose under the administration of former Town Manager Neil Fulton when he moved most of the appraising functions to a professional assessor under contract to the Town.  Mr. Fulton went so far as to remove the Listers desks from their Tracy Hall Office and renamed the Department to Assessor. The Listers, who are elected officials, felt marginalized, and appropriately so. However, in a way, the Listers dug their own grave by having a contentious relationship with property owners and by pushing litigation that lacked merit.
New Town Manager Herb Durfee has a fresh outlook and aims to bring civility to the relationship. As noted in the draft minutes of the meeting: “Durfee would like the trio of the Listers, the Contract Assessor and the Town Manager to put aside their differences, avoid saber-rattling and work together for the good of the Town in an attitude of mutual civility. All parties recognize that the Listers are ultimately responsible for the Grand List.”  Mr. Durfree did not want to amend the current contract to address specific issues in part because it expires in 2018 and conforms to the statute. He observed “the contract language should be no obstacle to the Listers and Contract Assessor working together productively.” The Town Manager plans to speak with the Contract Assessor when next in Norwich. Regarding any personality conflicts, Mr. Durfree recommended the Listers “take a gradual, conciliatory approach to this process.”

Montpellier Misprint - Très Cool

Here’s a story to make you smile.  The French city of Montpellier - spelled with two “l” letters - is home to a professional football [soccer in the US] club.  The team received a batch of misspelled jerseys, using only one “l” letter. Rather than toss the jerseys, the team is sending them here, to the high school soccer team in Montpelier, Vermont. Merci beaucoup!

Read the Times-Argus story here. Hat tip to the Ethan Allen Institute for the news.


LINK: https://www.timesargus.com/articles/misspelled-soccer-jerseys-fit-for-solons/

MCS Teachers Reach Tentative Agreement with Norwich School Board

Marion Cross Teachers have reached a tentative agreement with the Norwich School Board. The press release is available here.

In terms of compensation, the principal terms are:
•  Salary. Taking into account step increase, the teachers will see increases of 2.75% in year one and 3.00% in year two.
•  Health Insurance. Teachers will contribute to health insurance premiums 16% of the cost in year one and 17% in year two. Out of pocket maximums are at $400 for a single plan, $800 for parent/child or two-person plan, and $1,200 for a family plan.

No word on the tax impact to property owners. The tentative agreement is subject to ratification by the Norwich Teachers and approval by the School Board.  Meanwhile, in the northwest part of the state, the South Burlington teachers announced a plan to strike on Wednesday. Burlington students recently recently returned to class after a four-day strike.

LINK: http://hanovernorwichschoolsorg.finalsite.com/school-boards/norwich-school-board

VT Lawmakers: After Equifax, please ban consumer fees for security/credit freezes

After the Equifax security breach, I put a security freeze on my credit reports with the big three credit reporting agencies. Equifax waived the fee but the other two charged $10

each. These fees are set by state law and in at least six states (including Maine and New York) there is no fee. Vermont lawmakers from the Upper Valley, please take note. Amend 9 V.S.A § 2480h, so that no fees are charged to consumers for placing or removing a security freeze on his or her credit report.

This is not the first time credit bureaus have experienced a security breach.  As observed  at the website Krebs on Security: "The credit bureaus - which make piles of money by compiling incredibly detailed dossiers on consumers and selling that information to marketers - have for the most part shown themselves to be terrible stewards of very sensitive data." Protecting my identity should be their cost of business.  Allowing consumers to freeze and unfreeze their credit reports for FREE is a good but small step.



LINK: KrebsOnSecurity [no affiliation with website].

Part II - Unpacking the Fact Finders Report for the Marion CrossTeachers Contract

Part II of II

Here is my summary of the Fact Finders Report discussed some on the listserv. 
I broke my summary into two parts to avoid an extremely long listserv post.  
The Fact Finders Report is an important document regarding the labor impasse 
between the Norwich Teachers Association and the Norwich School District. 
Note that this collective bargaining dispute involves only the Marion Cross 
School, its 296 students and 35 teachers. 

In all, the Norwich Fact Finding Report And Recommendations addressed five 
issues, with Issue Number 3 and Number 4 being the big ticket items of salary 
increases and health insurance. Part I addressed those big ticket items. This 
Part II addresses the remaining three issues. 

Issue Number 1 dealt with bereavement leave. Teachers currently get up to 3 
days “per occurrence” for the death a person within a broad definition of 
“immediate family”. The teachers proposed up to 3 days “per occurrence” 
because of “a death”. The teachers said the proposal was to account for 
non-traditional families. However, the proposal seem to allow bereavement 
leave for death of anyone, including the March death of rock n roll legend 
Chuck Berry. The recommendation of the Fact Finder was to add a death of “a 
person living in the teacher’s immediate household,” Report at 7, although I 
think the use of “immediate” in household might create confusion with the 
broad definition of “immediate family”. 

For Issue Number 2, the teachers wanted to expand from 5 to 15, the number of 
accumulated sick days the father of child of a newborn could use for parental 
leave, in addition to the days allowed under the Vermont and Federal family 
leave laws. The Fact Finder side with the School District, finding that the 
use of 5 sick days “already exceeds what is available to teachers in 
comparable districts.” Report at 9.

Finally, Issue Number 5 addressed college course reimbursement for continuing 
education and advanced degrees. The School District wanted to reduce the 
benefit from $40,000 per year to $30,000. Although the Fact Finder agreed 
with the School that the benefit was “generous”, was not convinced that it 
“should be reduced at this time.” Report at 25.

Unpacking the Fact Finders Report For the Marion Cross Teachers Contract - Part I

Part I of II

Here is my summary of the Fact Finders Report discussed some on the listserv. 
I broke my summary into two parts to avoid an extremely long listserv post.  
The Fact Finders Report is an important document regarding the labor impasse 
between the Norwich Teachers Association and the Norwich School District. 
Note that this collective bargaining dispute involves only the Marion Cross 
School, its 296 students and 35 teachers. 

In all, the Norwich Fact Finding Report And Recommendations (“Report”) 
addressed five issues, with Issue Number 3 and Number 4 being the big ticket 
items of salary increases and health insurance. This Part I addresses those 
big ticket items. 

With respect to salary increases, the School District offered “new money” 
increases of 2.2% and 2.16% in years one and two respectively, arguing that 
the the Consumer Price Index has “averaged between 1.0% and 1.4% over the 
past eight years.” Report at 10. The Teachers proposal amounted to 3.85% in 
“new money in year 1, 3.56% new money in year 2, and 3.46% new money in year 
3.” Report at 11. From context, I assume the term “new money” includes the 
step increases teachers receive each year.  

The Fact Finder recommended a two-year contract with “new money” increases in 
salary of 3% in 2017 and 2018. He stated that 3% was the average salary 
increase in “recent teacher settlements” and acknowledged that salaries for 
Norwich teachers are at the “top tier of teachers statewide”. Report at 12. 
Early in the Report, the Fact Finder observed that Norwich had the highest 
education tax rate in Windsor County. Report at 13. In his analysis, he 
concluded that no “unusual economic pressures” hindered the School District 
ability to increase wages. Report at 13

For health insurance, the Fact Finder agreed with the School’s proposal that 
teachers pay 15% of premiums in year 1 and 16% in year 2. Report at 20. On 
the issue of the out-of-pocket maximum, he sought protection for teachers and 
recommended $400 for individual plan and $1200 for the family plan, reasoning 
that the School would still save about $24,000 or more, even after the 
penalty imposed by the State. Report at 22-23.

The penalty arises from recent Vermont legislation. The law assumes that 
teachers will pay 20% of health insurance costs. State funds are withheld 
from school districts based on this assumption. Report at 4. School districts 
that pay more than 80% in essence lose state funding. Under the Report’s 
recommendation, Norwich will lose over $56,000 in state funds. Report at 21.

In the news lately is the settlement that Burlington reached with its 
teachers, after a four-day strike. The WCAX website reports that the new 
contract gives teachers a 2.5 percent pay boost in the first year, and a 2.75 
percent increase the second. Teachers will pay 19% of health insurance 
premiums in year one and 20% in year two. The out-of-pocket limit is a 
maximum of $800.

Onward to Part II. 

Keep the current lister/assessor mode

The Selectboard is discussing whether to keep the current lister/assessor model. I hope the Selectboard keeps that system in place. The proof is in the pudding - the current system has resulted in fewer disputes about property values, which means property owners think it is fair. The Common Level of Appraisal (CLA), as calculated by the State, remains high. A high CLA is good for all taxpayers when the State determines the Norwich school tax rate. The Town has also been smart to budget for regular town-wide reassessments, rather than expect Listers to keep pace on a piecemeal basis with changing real estate values.

Let's not forget how we got here. The increased reliance on a professional assessor came about because our elected Listers came up short.  In 2008, we saw the Bragg Hill Neighborhood Reassessment litigation, which the Town settled on terms very favorable to the taxpayers, but only for those who fought their reassessments. There was also the not so well-known dispute with the State over the practice of “sales chasing”, which the Town handily lost before an administrative board in 2011. I have reviewed in detail the public record in those cases,including the deposition testimony of the Listers regarding the Bragg Hill matter.   My view is that the Listers were in way over their head, lacking expertise and staff. Having been victimized by “sales chasing” (or more precisely, in my case, chasing real estate listings), I think the Listers action were appalling, particularly because the Listers chose to ignore direct guidance from the State. I got my money back in 2016, after three years of pro se litigation that few could afford. Many taxpayers in the same boat -- our neighbors -- got screwed and paid more than their fair share of property taxes. 

In Vermont, many towns’ Board of Listers hire outside firms to conduct town-wide appraisals. These firms employ their own staff and use proprietary software to create the Grand List. If such assistance is allowed by the statute, then I argue that the Norwich lister/assessor model is also permitted.
The statute is clear that the Selectboard cannot impose this model on the Listers against their will. Here, the Norwich Selectboard is willing to pay for the contract assessor and the results are good. What is not to like? 

Today is the UN's  Asteroid Day, a global day of education to help protect Earth from asteroids.

Learn more at https://asteroidday.org

VT Progressives Wrong on Teacher Contracts

I was disappointed in the fund raising email received from the Vermont Progressive Party. In it, the party crowed about protecting “working people” by siding with the teachers union on Governor Scott’s proposal to create a statewide health insurance contract for teachers. I doubt the union needs protection. The Governor says his proposal will lower property taxes. I think more “working people” are concerned about paying their property taxes and their increasing health care costs. The teachers union is no lightweight. They are capable of bargaining with the State on this issue, rather than volunteer school boards. Property taxes are a real burden to wage earners. Let’s try some new approaches to lowering the tax bill.