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

Town Proposes $23,000 Gift To Norwich Fire District For Sidewalk Repairs

Sidewalks need repair and maintenance and that takes money.  Many years ago, our Norwich  forefathers decided that the homes and businesses in the Village, rather than the entire Town, should pay for the Village sidewalks. Hence, the Norwich Fire District, a special municipal entity that can tax and spend, is responsible for most sidewalks in its geographic area.  Today, the District’s principle purpose is to supply potable water to approximately 310 homes and 20 commercial businesses in the Village, but the sidewalk responsibility is not unusual for Fire Districts in Vermont.
On Wednesday, July 29, the Selectboard will consider two proposals that will shift the responsibility for the sidewalks from the Fire District to the Town.    Item 8 on  the Selectboard agenda for its meeting sounds innocuous  — “Main Street Sidewalk from Hazen Street to Koch Road” — but these proposals will increase taxes for Town taxpayers.  Both proposals shortcut the democratic process without much analysis of the pros and cons.

The first proposal is that the Town pay $23,000 for sidewalk repairs that should be paid by the Norwich Fire District. Call the payment what you like, but the money will not be repaid, and that is simply a gift from the taxpayers of Norwich, Vermont to the Fire District.  I doubt the gift was part of the budget approved by the voters at Town Meeting in March, but I could be wrong.  For budgetary reasons, the Town has not funded the sidewalk reserve fund for several years, so its sidewalk budget is not flush.  If the Norwich Fire District budget is tight this year, because of the pump house fire, then the Town should be patient and tackle the work next year or after fire insurance issues are resolved.

The second proposal carries the recommendation of the Town Manager and is for the Town to take over ownership and the ongoing responsibility to repair and maintain sidewalks of the Fire District.  This is a complete reversal of the cost sharing policy that our Norwich forefathers established.  However, nothing in the packet explains why a change is justified, other than that the Town previously assumed responsibility for some sidewalks from the Fire District.  The cost to the Town is not clear; nor is it clear why the Fire District can not raise the money in the coming years, as it has done in the past.
Both proposals deserve an airing when the agenda description gives better notice to the public.  A vote of the public at Town meeting is appropriate before the Town takes over the obligation of the Fire District.

More information about Fire Districts in Vermont is available at the Colchester Fire District No. 1 web site.

The portion of the Selectboard packet relating to sidewalks is here.


LINKS
http://www.cfd1.org/about_fire_districts.html
https://drive.google.com/file/d/0B5p_pfaeTTstNzkzUXgyWDVSWlU/view?usp=sharing