All posts by norsehorse

IMO: Need for Safer Roads Policies, Laws & Regulations

(cross-posted from Vermont Watch, here)

On Banning of Cell Phone Use When Operating Moving Vehicles

In my opinion (IMO), …

All cell phone use as well as other such devices, whether hand-held or otherwise, by anyone driving a moving vehicle should be banned within the state, no exceptions. The only thing an operator of a moving vehicle should be doing behind the wheel is focusing on the road, nothing else.

One is not sure why current policies, laws and regulations do not already restrict what one is allowed to do when operating a moving vehicle without requiring new laws to specifically spell out and restrict such.

If new legislation and law is required to address such matters however, what the state legislature should seriously consider doing is, rather than drafting and enacting a bill to ban such devices, to instead draft and enact a bill that further clarifies license and driving policies, laws and regulations concerning what is allowed as well as not allowed to be engaged in while operating any moving vehicle, including bicycles.

To my way of thinking, this would be a better approach rather than an outright ban of certain devices, etc., while operating a vehicle. Restricting what one can and can not do behind the wheel of a moving vehicle would appear to be better to do versus attempting to ban the use of specific devices while one is driving. Although it might seem to be the same thing, it is using a different approach to achieve the same result, however doing so focused more on the behavior in question rather than the device itself.

This could also prove to be sound public policy since it is not the devices that are the problem, but rather the person’s use of these and other distractions while operating a moving vehicle and not all vehicle operators exercise good judgement unless and until there are specific regulations about what is allowable and what is not as well as severe consequences clearly laid out in law and  then made known about what will result if one fails to comply.

This is my opinion on the subject. What is yours?

Update on Montpelier Taser Committee

( – promoted by Sue Prent)

What: Montpelier Taser Committee meeting

When: Tuesday, August 16th, at 6:30pm

Where: City Manager’s Conference Room,

             City Hall, 39 Main Street, Montpelier

             (use back entrance of building, room is down hallway on left)

Lineup: Attorney Jack McCullough of Mental Health Law Project of Vermont Legal Aid and attorney David Sleigh of the law firm that has litigated most if not all of the Taser cases brought against police departments across the state thus far.

On Tuesday, August 23rd the committee has expressed a desire to have at least one of the other police chiefs before them, either Burlington or South Burlington, since it did not work out for them to do so this week. Also on the agenda for next week is for the committee members to listen to, as I understand it, an audio tape of one of the incidents that occurred within Montpelier they have been continually informed about by Chief Facos as why Tasers are sorely needed.

The committee is now considering holding the public hearing on Thursday, September 8th, however they will be revisiting the conversation about when to do so during their meeting this evening as well.

Montpelier Taser Committee members:

Jeff Dworkin, Chair

Zachary (Zack) Hughes, Co-chair

Vicki Lane

Polly Ellerbe

Nick Marro

Marilyn Mode

The main contact for the Montpelier Taser Committee is Jeff Dworkin.

By the way, if one would desire to perform a public records request in order to obtain the e-mails between committee members as well as any e-mails either received by or sent by committee members in communications with others relating to the business of the committee, co-chair Zachary (Zack) Hughes is the person assigned to handle such requests (it might be best to consider requesting to receive the e-mail and related public records by e-mail, unless one also requires hard copies, which could end up resulting in a fee to cover the cost of printing, copying and mailing, etc.; if one is also inquiring about other documents the committee might possess and are relying upon during their work and deliberations, one should inquire and take it up with Zack).

On the Montpelier City Council agenda for its October 12th meeting is the Taser Committee Report (view bottom of page of City Manager’s weekly report of August 12th under ‘Upcoming Council Meetings’; PDF version), here.

fyi:

  • Vermont Public Records Law (PDF version)
  • Informational presentation on Montpelier Vermont and Tasers online slideshow of mine (via Google Docs; recently updated), here

For those on Facebook, check out and, if so inclined, “like” the Montpelier, Vermont and Tasers informational and community discussion page, here.

Joseph Gainza’s Letter to Governor Shumlin re: VSH

(cross-posted from Vermont Watch, here)

Below is a copy of Joseph Gainza‘s e-mailed letter to Governor Peter Shumlin concerning the Vermont State Hospital (posted with direct permission from its author):

Dear Governor Shumlin,

I am the former director of the Vermont Coalition of the Handicapped (VCH), now named the Vermont Coalition for Disability Rights. In that capacity I became familiar with the mental health community in Vermont and learned about the negative impact on patients of extended institutionalization. VCH worked closely with the State to close Brandon Training School and develop a more decentralized system which better served the former residents of the School.

I am writing to request that you rethink your decision to build a new facility to replace the Vermont State Hospital. That decision represents traditional thinking about how best to treat people with mental and emotional disabilities, thinking which has been shown to be detrimental to the people served and to the state’s ability to adequately serve them.

You have shown yourself to be an innovator and risk taker in other areas of your responsibility. I admire and support the direction you are taking Vermont in the areas of health care, Vermont Yankee and the future of Vermont’s working landscape. I also appreciate your recognition that, in light of global warming, we must take bold steps to reduce Vermont’s carbon footprint.

I ask you to take similar bold action regarding the way Vermont cares for and supports people with mental or emotional disabilities. Rather than spend scarce resources on re-creating a failed institution, our tax dollars would be better spent creating local, peer run drop-in centers, affordable housing and other services and support programs across Vermont. Experience with the Brandon Training School shows us how to avoid many mistakes in designing this new system and the innovation which arises when many methods of providing serves are tried.

If Vermont is successful in creating a reformed health care system as you envision it, we will be in a much better position to direct dollars toward building a mental health care system which truly respects people and supports them with a rich variety of services available throughout the state.

Thank you for your consideration. Joseph Gainza

Joseph Gainza

Vermont Action for Peace

Plainfield, Vermont

WGDR/WGDH Radio

Gathering Peace

91.1 FM/91.7 FM; www.wgdr.org

Tuesdays 8:30-10:00AM

The above letter was written and sent in response to an e-mailed advocacy action alert by yours truly, a version of which was blogged to the Beyond VSH blog, here.

Time to Close VSH, Support Community Services

( – promoted by odum)

(cross-posted from Vermont Watch, here)

Governor Peter Shumlin recently declared his firm commitment to replacing the embattled Vermont State Hospital (VSH) with a new version of the same old thing.

Besides building along these lines, the administration’s plan also includes providing an additional 16 to 24 beds elsewhere as well.

This all to the tune of millions and millions of state taxpayer dollars in remaining dependent on an outdated institutional treatment model surely to follow wherever the facility or such other beds would be located.

This is much like had been done in New Hampshire to the detriment of the community mental health system there and, as a result, the state came under scrutiny by the U.S. Department of Justice, which issued a scathing report earlier this year (here and, here).

Such monies, as Governor Shumlin is recommending be put aside to replace the state hospital in this fashion, could be better used to build the holistic community system needed in closing VSH and, not replacing it, save for a small forensic facility to be located somewhere within the state.

If we could close the former Brandon Training School without building a new version of the same old thing, creatively putting in place a more robust community system instead, we can indeed close VSH and, although there might be differences in such a system, do much of the same for our fellow citizens currently forced to languish at the state hospital, in prison, in homeless shelters or on the street.

Read more on the subject (via Beyond VSH blog), here.

Morgan W. Brown

Montpelier

State Representative Sam Young’s Car Reported Stolen (updated 4x)

*Updated 4x*

In case you missed it, State Representative Sam Young (D Orleans/Caledonia 1) reported on his Facebook page Sunday evening about how someone borrowed/stole his car, a blue 2000 Suburu Outback with a bike rack and a Vote Young sticker (License # FBL 192), from outside his West Glover home Saturday night (here). $500 Reward offered.

*Update 1*: State Representative Sam Young reported that he found his car (via a comment posted to his earlier Facebook post):

I found it. Call off the hunt.

In addition, Taylor Dobbs of vtdigger reports there will be a tidbit posted with details later.

*Update 2*: In response to a comment posted on his Facebook page, state Representative Sam Young reports:

I got all my stuff back. Somebody took a joy ride down one of my logging roads and didn’t get too far.

*Update 3*: There was an article within the local news section of the Tuesday edition of the Caledonian-Record about state Representative Sam Young’s car and the title of it suggests it was wrecked: i.e., “Rep. Young’s Car Found Wrecked

WEST GLOVER — When Rep. Sam Young, P-Orleans-Caledonia 1, awoke Saturday morning to find his blue 2000 Subaru Outback missing after a Friday night gathering at his house, he initially believed a friend had taken it and would return it.

Tuesday, July 19, 2011

The article is behind a paywall.

*Update 4*: State Representative Sam Young reports:

Damaged a little but not wrecked. They love ratcheting up those headlines

State Representative Sam Young’s Car Reported Stolen (updated 2x)

*Updated 2x*

In case you missed it, State Representative Sam Young (D Orleans/Caledonia 1) reported on his Facebook page Sunday evening about how someone borrowed/stole his car, a blue 2000 Suburu Outback with a bike rack and a Vote Young sticker (License # FBL 192), from outside his West Glover home Saturday night (here). $500 Reward offered.

*Update 1*: State Representative Sam Young reported that he found his car (via a comment posted to his earlier Facebook post):

I found it. Call off the hunt.

In addition, Taylor Dobbs of vtdigger reports there will be a tidbit posted with details later.

*Update 2*: In response to a comment posted on his Facebook page, state Representative Sam Young reports:

I got all my stuff back. Somebody took a joy ride down one of my logging roads and didn’t get too far.

Will Shumlin Administration Seriously Consider Alternatives to Building New State Hospital?

( – promoted by odum)

(cross-posted from Vermont Watch, here)

Word is it appears there could be a meeting between Governor Peter Shumlin and certain members of his administration concerning the Vermont State Hospital (VSH) to be held tomorrow morning (Thursday, July 14, 2011).

The subject of the meeting is said to include considering the exploration of potential alternatives to building a new state hospital facility, which it is reported a member of the administration has taken the initiative of exploring behind the scenes of late, including speaking with various members of the mental health community as well as advocates and the like within the last several weeks or so.

Last week Agency of Human Services (AHS) Secretary Doug Racine was a guest on Vermont Public Radio’s VT Edition talking about VSH and the administration’s plans to replace it, here.

Also last week, it was reported to this observer about how no matter what results from the meeting or, any process that might come out of it, beds of the new brick and mortar variety were also to be in the mix in a major fashion and, therefore, it was not expected to be much of a major change of course from the current plan being floated and pursued in one form or another by the administration.

That said, although it is yet uncertain what the outcome could be due to the fact that most of these discussions are taking place well behind the scenes within the administration up to now, it is also possible things could still be rather fluid as well.

When the matter of such a potential meeting came up last month, it was indicated the meeting would include both AHS Secretary Doug Racine as well as Deputy AHS Secretary Patrick Flood.

While it is pure speculation on my part, since they have also been within the loop as well as due to their recently (re)sifting VSH patient data within the last two weeks or so, it would not surprise this observer if the meeting also included Department of Mental Health (DMH) Commissioner Christine Oliver as well as Department of Disabilities, Aging and Independent Living (DAIL) Commissioner Susan Wehry.

In addition, since he has also been within the loop of course, more than likely such a meeting would include Agency of Administration (AOA) Secretary Jeb Spaulding, not too mention other members of the administration as well of course, including Deputy DMH Commissioner and, now also interim Executive Director of VSH, Rebecca Heintz.

If the reported meeting does indeed occur and, no matter whomever ends up attending as well as participating, it is completely unknown at this point what if anything meaningful might potentially result from the meeting and whether or not alternatives or, put another way, other options to building a new version of VSH will also be taken under serious consideration by the administration at its highest levels or, if what appears to be their current course and plans will continue to dominate and dictate future mental health policy.

What is rather sad in all this is up to now, the administration seems to be solely focused more on VSH as well as replacing it mostly bed for bed (including with their plan to use Brattleboro Retreat bed space) rather than focusing on the entire mental health system as a whole, which a new facility — even if it includes beds at the Brattleboro Retreat — and what will prove to be a huge cost, will not help and will most likely do great harm, just like the dependence on the current VSH has up to now.

In my opinion, building a brand new version of the same old thing based upon the same old treatment model does nothing to address what is wrong with the entire system, nothing at all, save potentially further bankrupting both it as well as the state, not too mention keeping the mental health system within a vacuum where, among other things and factors, prejudice and discrimination continue to reign.

There is nothing to indicate a new VSH will also include a brand new treatment model, particularly when the new facility will still employ most if not all of the same treatment, including institutionalization in its various forms (no matter how long or short), incarceration, forced treatment and forced drugging.

When she learned about the administration’s meeting taking place tomorrow as well as the discussions occurring behind the scenes, longtime mental health advocate Marty Roberts stated:

I think it is crucial right now for advocates and other interested people to keep the issue of community services in front of the Governor, Sec. Racine and all of the other people involved in making this decision.  I do not think that they have any conception about the value of community services, both in supporting people so that they don’t need hospitalization and as resources and supports when people come out of hospitals.

I am so afraid that community services are going to be cut because the administration does not get it.

Montpelier Taser Committee Meeting: Monday, May 23rd, 6:15pm

What: Montpelier Taser Committee Meeting

When: Monday, May 23rd at 6:15 PM

Where: City Managers Conference Room, Montpelier City Hall

View archived video clip of May 11th Montpelier City Council proceedings concerning the appointment of the Taser Committee, here.

View related documents, here.

Excerpted recruitment notice:

“The  City Council would like the committee to specifically consider and make recommendations about the following: assessment of need, appropriate policy and standards, training requirements and public accountability for use or  display. Additionally, the Council would like the  committee to recommend a public engagement process  for both the committee and for the City Council after receiving the committee’s report. The Council is interested in all perspectives but would like to hear, particularly, from the mental health community, law enforcement,  schools, the medical community and the legal community.” The City Council expects to receive the committee’s report by Friday, September 30th for discussion at the October 12th City Council Meeting. Volunteers should understand that this  committee will meet during the summer in order to  meet the deadline. …

Any city resident who shows up to the initial Taser committee meeting on Monday, May 23rd and, wants to serve on committee, has an opportunity to do so (however anyone serving on the committee will need to be around during the Summer in order to do so).

The Taser committee meetings will be open to the public, including non-residents of course.

View an updated Informational Presentation on Montpelier, Vermont and Tasers, here.

Governor’s Housing the Homeless Summit Open to Public

( – promoted by odum)

(cross-posted from Vermont Watch, here)

*Updated 2x* (featuring updates with additional information, below the fold, see *Update 1 & 2*)

Are you concerned about families or individuals who are living homeless or at risk of becoming homeless within Vermont?

Are you among those who are seriously committed to doing what it takes to end homelessness across the state?

Are you someone who is currently living homeless, at risk of becoming homeless or formerly have lived homeless?

If the answers to one or more of the above questions is in the affirmative (i.e., true), join others at the upcoming Governor’s Housing the Homeless Summit to discuss concrete solutions designed to help people living homeless move to stable as well as permanent housing.

Six key issues were identified and organized work groups have developed proposals to address each one. At the Summit, these proposals will be presented for discussion and changes, resulting in recommendations to Governor Peter Shumlin’s administration.

The Summit is open to the public and will be held at the Vermont State House in Montpelier on Tuesday, June 7th from 9:00 AM to 4:30 PM.

To help organize the day and, although it is not necessary in order to attend the event, those interested in attending are asked to respond to Diane Nealy or by phone at (802) 241-2244 (subject: Governor’s Housing the Homeless Summit).

To obtain updated versions of the six work group proposals prior to the Summit, make a request to the above contact person as well.

*Update 1*: Below via copy and paste method from an attachment is a second notice concerning the Governor’s Housing the Homeless Summit being held at the Vermont State House on June 7th. Although RSVP’s are requested to help in planning ahead for the event, including for those who plan to take lunch at the state house cafeteria, the event is open to the public and people are welcome to attend without providing an RSVP. On Tuesday it was learned that thus far 110 people have already provided an RSVP of their intention to attend the summit.

From the Vermont Agency of Human Services (VT AHS):

Governor’s Summit on Housing for the Homeless

SECOND NOTICE

We are sending this second notice about the Governor’s Summit for four reasons:

1. To remind you that lunch will not be provided at the Summit. If you would like to purchase lunch in the statehouse cafeteria, please rsvp to Diane Nealy at diane.nealy@ahs.state.vt.us to ensure the cafeteria will be prepared to handle the number of requests. Please RSVP by May 30th. You may bring your own lunch or visit one of the nearby restaurants.

2. Six proposals for changes in how we address homelessness will be presented at the Summit. Each attendee will have the opportunity to participate in work sessions on two of the six proposals. We will ask that when you register that morning to select which two sessions you would prefer to attend so we can use the larger rooms in the statehouse for the work sessions with the highest expected attendance.

The workgroups that will be presenting their proposals are:

• Security Deposit Guarantee/Risk Pool

• State-Subsidized Rental Subsidies

• Specialized Housing Options

• Increasing Permanent Housing Options

• AHS Housing Policy

• Access: Barriers to Housing

We are posting the proposals on the AHS Website. The proposals that are being posted were the most recent as of May 9th and are subject to change. We will have the final versions posted by the time of the summit.

3. The Summit is intended to address major concerns that impact Vermont’s ability to successfully address homelessness, and evaluate new approaches in how we do business. We recognize that there are other discussions that must happen soon about the best use of state funds appropriated to combat homelessness, but those discussions will happen on a separate track and will not be addressed at the Summit.

4. Following is the agenda so far:

9:00 – 9:30 – opening remarks, and introduction to the day, with remarks by Governor Peter Shumlin

9:30 – 10:40 presentation of three of the six proposals emanating from the six work groups

10:40- 11:00 break

11:00 – 12:00 presentations of the other three proposals

While the intent is not to take questions during the presentations, we will ask participants to write questions that can be shared during the afternoon sessions.

12:00 – 1:00 lunch on your own

1:00 – 1:50 first work session, in which participants can discuss and comment on the proposals.

2:00 – 2:50 second work session

3:00 – 4:00 Governor Shumlin joins us to hear the results of the work groups discussions and

give us a charge for next steps

Thanks and we look forward to seeing you at the Summit.

*Update 2*: The work group proposals for the upcoming Governor’s Housing the Homeless Summit can be found on the AHS Website, here.

The ones posted are current as of May 9th. It is my understanding that, either by the end of the month or just shortly prior to the Summit being held, final versions will be posted.

Housing Dilemma Worsening Across Vermont: Part 1

(originally posted to Vermont Watch, here)

Imagine being one of the many individuals or families across Vermont who are in need of rental assistance in order to afford to pay the rent for an apartment.

Further imagine having been among the 4,017 individuals or families currently on the waiting list for the Section 8 Housing Choice Voucher (HCV) program administered by the Vermont State Housing Authority (VSHA) and having one’s hopes raised after receiving a letter about how such a rental assistance voucher was available (sample issuance letter, here).

However, when it comes to real-world experiences, beyond imagining is what one also eventually comes to learn about how difficult it can be to manage to find a place with which to rent under the HCV program guidelines within the sixty (60) day period one has to do so.

Then, once more, imagine receiving another letter stating how “[d]ue to insufficient federal funding at this time,  VSHA must rescind the voucher which was recently issued …”. This means the “voucher is no longer active” and VSHA could not “consider any requests for tenancy approval” and they were unable to provide assistance at this time.

Sixty-six (66) individuals or families across the state who in fact recently received the latter letter (sample rescinding letter, here), as well as advocates and service providers who learned about such from some of their clients they work with on an ongoing basis, were left with only being able to imagine the worse.

Seven (7) of these individuals or families who had already managed to line up housing after having received the initial notification letter were able to actually still receive their voucher.

Although this leaves fifty-nine (59) individuals or families in limbo when it comes to being able to rent an affordable, safe and decent place with which to live for the time being, the decision to rescind the vouchers allowed VSHA to return them to the top of the HCV waiting list for when funding becomes available to once again award vouchers to these persons or families.

During a telephone interview with Kathleen Berk, Director of Housing Program Administration for VSHA, late last week as well as along with related information provided within a follow-up e-mail sent shortly afterwards concerning these matters, Ms. Berk reported how the “VSHA waiting list for Section 8 HCV assistance closed on September 30, 2010.  At the time the waiting list closed, there were 4017 applicants listed.  Opening and closing the waiting list is a normal administrative function. … [W]hen the waiting list opened on October 1, 2009, there were just 300 applicants listed.”

The follow-up e-mail included information about how “VSHA’s current  average HAP (Housing Assistance Payment) is approximately $528 per month.  VSHA’s 2010  funded  HAP was $470/unit/month – significantly less than our current HAP expense.” (note: emphasis mine)

The change in the average HAP expense is said to be in part a result of some individuals or families having far less available income due to the poor economy, whether due to having less hours of employment, loss of or changes in employment or, lessening of employment income or, lessening or loss of income benefits compared to the previous year(s), it therefore requires a greater amount of the rent to be subsidized.

Under the HCV program, an eligible individual or family pays up to thirty percent (30%) of their adjusted gross income toward the rent and the Public Housing Authority (PHA) subsidizes the rest.

However, if the income of an individual or family goes up, then their contribution toward the rent goes up.

In certain cases where an individual or family might lose their income while on the program, the PHA subsizes the entire amount of the rent. This allows such persons or families to remain housed while they seek employment or apply for income benefits.

In addition, the cost of housing units within the state remains high.

Meanwhile, although HAP expenses have been increasing, what VSHA receives to cover the cost of the HCV program has remained the same.

According to an internal memo issued by Ms. Berk that was sent to VSHA staff last month (read memo, here; posted with permission), the course of action to rescind the 59 recently issued vouchers had been necessitated at least in part due to the HCV program being funded at fiscal year 2010 levels as a result of inaction by Congress to pass a budget for the 2011 fiscal year.

Among the unknowns and stressors is how much the program will be funded when the new budget eventually gets passed by Congress.

Within the memo Ms. Berk reported how “[t]he HCV program is the agency’s single largest rental assistance program, with a budget of approximately $19,000,000. Given the likelihood that congress will fund the voucher program budget this year – based on 2010 numbers, we are needing to take proactive steps to prevent the need to terminate contracts later in the fiscal year.”

The memo continued to state how “[f]or example, if we were to continue business as usual – continue leasing voucher units up to our baseline allocation using the payment standards in-place today, we would need an additional 2.1 million dollars in budget authority to support these additional HAP expenses. Or, another way of looking at this is we would have a $2.1 million dollar shortfall – that could only be resolved by terminating existing contracts of assisted households. This is not anything we ever want to do.”

Ms. Berk also mentioned how their “goal to reduce voucher utilization over the remaining months in the fiscal year by 200 households.”

The plan to achieve this goal includes not reissuing vouchers returned to the HCV program whether due to a recipients income having changed to a level that no longer allows them to remain eligible or their having moved out of state or so on.

To learn more about these matters, view or read a report by WPTZChannel 5 TV News regarding VSHA closing its HCV waiting list last year, here. In addition, listen to an interview by Jane Lindholm of Vermont Public Radio (VPR) of Richard Williams, Executive Director of VSHA, concerning these matters as well, here.

As far as what one can do to help address concerns they might have about these matters, several of those spoken with while doing research for this story said it would be crucial for people to contact their congressional delegation and let them know of such concerns as well as what should be done.

Vermont’s Congressional Delegation:

Housing related informational resources: