Saturday, October 7, 2017

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

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