Smugglers’ Notch Resort has agreed to settle a class action lawsuit that alleged it was overcharging homeowners for routine property maintenance.

A Vermont Superior Court judge on Tuesday approved a settlement that calls for Smuggs to change how it charges homeowners at the resort for services such as landscaping, snowplowing and security along its roads and common areas. Homeowners, who used to bear 90 percent of the costs, will pay 77.5 percent in the future.

Hans Huessy, a Burlington attorney for the plaintiffs, said the resort estimates that the "class" includes 7,500 to 10,000 members with stakes in 674 condos and townhomes. The settlement covers both homeowners and those with time-shares, but the latter will not get cash. 

The dispute dates back to a 2013 collection action that the resort filed against a pair of homeowners, Timothy and Richard White, over an unpaid $9,500 bill for maintenance. The Whites countersued, alleging that the resort was paying too little toward those costs. 

Bill Stritzler, the resort's owner, declined to comment on the case.

The resort will now dole out $760,000 in credits and cash payments, though $200,000 of that will go to Huessy, who worked on the case for more than six years. 

The Whites will receive $30,000. Current and former full owners will split $300,000, with an estimated refund of about $1,050 per unit, according to the agreement.

Owners will also receive more access to some of the resort's recreational facilities thanks to a side deal hashed out by their homeowners' association. Huessy didn’t play a role in those negotiations, but documents show the association's support for the settlement was contingent on the deal.

Class members were given until October 21 to opt out of the proposed settlement. Huessy counted fewer than 10. They can still bring their own lawsuit against the resort.

Craig Greene, a Florida-based attorney who has owned a property at Smuggs for about 15 years, is considering just that. Greene still wants to understand why the resort should pay just 22.5 percent of the costs, when he believes it uses the roads and common areas more frequently.

“No one’s talking about getting the resort to pay money that brings it to its knees. We’re simply talking about a fair allocation of the expenses,” Greene said.

News of the settlement, like any other mention of Smuggs in recent years, will likely raise questions over whether the resort will become the latest to be scooped up by a large out-of-state company.

Colorado-based Vail continues to expand through Vermont, following up its 2017 purchase of the nearby Stowe Mountain Resort with two other purchases — Okemo and Mount Snow — within the last two years.
Perhaps that’s why Stritzler can't help but laugh when he's asked whether Smuggs would be a more attractive purchase with the lawsuit in its rearview.

“I can tell you that there’s absolutely nothing under way at this moment,” he said.

“There was a time in my career that I'd be willing to predict the future,” he continued. “But these days, things change so quickly that it’s probably unwise to do that.”

The season’s first snow provided a cozy backdrop for Mayor Miro Weinberger’s announcement Tuesday that the Church Street Marketplace has a new executive director.

Weinberger appointed Kara Alnasrawi to succeed Ron Redmond, who has managed the downtown shopping district for the last 20 years.
The announcement came at the beginning of the Marketplace’s busiest season and just a few weeks before Redmond’s last day, December 1. Assuming the Burlington City Council confirms her on Monday, Alnasrawi will be the Marketplace’s fourth director in its 40-year history. Her first day would be November 19.

The program reimbursing workers up to $10,000 to move to Vermont is catching flak from the state auditor, who questions whether taxpayer dollars are being well spent.

Doug Hoffer on Tuesday released a report suggesting the state’s Remote Worker Grant Program suffers from a “serious structural flaw” that has “undoubtedly resulted in wasted taxpayer funds.”

He argues in a 17-page report that there is no way to prove whether the program is an effective incentive that lures new people to the state or a handout to those who were planning to relocate to the Green Mountains anyway.

Remote workers can only qualify for certain relocation and business expenses, such as high-speed internet access, once they have already moved to Vermont, he noted.

The sequel to a documentary known for spreading discredited claims about vaccinations found a receptive crowd in Burlington Thursday night during an under-the-radar screening at the Merrill’s Roxy Cinema.

About 30 people gathered for a 7:30 p.m. showing of Vaxxed II: The People’s Truth, a sequel to the controversial 2016 film that purported vaccines pose unknown dangers to children. The sequel debuted Wednesday at 50 theaters around the country — including Montpelier’s Savoy Theater.

Producers of the film sold tickets quietly in advance of the debut to avoid calls to block the movie from playing, according to the Guardian.

Last week's Halloween storm destabilized a bridge that connects South Burlington and Williston, closing the busy span for the "foreseeable future," officials said.

The bridge in question crosses the Muddy Brook where Kimball Avenue becomes Marshall Avenue, a stretch that is home to several technology and industrial parks. The closure, though, has forced drivers to detour onto Route 2, an already heavily congested commuter thoroughfare.

“It’s a nightmare,” South Burlington City Councilor Meaghan Emery said of the traffic issues, noting that her husband works along Kimball Avenue. “I know firsthand that this is taking a toll.”

Updated at 5:28 p.m.

The Burlington police officer who punched a man who later died will not face criminal charges, Vermont Attorney General T.J. Donovan said at a press conference Friday attended by the man’s family.

Donovan said Officer Cory Campbell was legally justified when he delivered three blows to Douglas Kilburn's face during a March 11 argument outside of the emergency room at the University of Vermont Medical Center.

The attorney general called the case “troubling,” however, and faulted the cop for “antagonistic” actions that provoked Kilburn, in poor mental and physical health at the time, to lash out. Donovan called for continued police training on ways to deescalate tense situations.

The AG said he based his decision on conclusions by a national use-of-force expert, who found that Campbell had acted in self-defense because Kilburn swung at the officer first.

“This was a tragic situation that, frankly, could have been avoided,” Donovan said.

Castleton University students are joining a journalism effort designed to fill gaps in local coverage and prevent the spread of "news deserts."     

Students at the state college in southern Vermont began reporting and writing stories this fall with the hopes of landing bylines in newspapers including the Rutland Herald and the Mountain Times, as well a website called the Community News Service. 

The University of Vermont in Burlington launched the site this year, when it began offering students a new minor — reporting and documentary storytelling. UVM also created an internship for its students to learn news and feature writing and work with a professional editor who vets stories for publication in area newspapers.

Students' stories have appeared in outlets including the Shelburne News, the Waterbury Record and the Other Paper.

We now know the number of Vermont workers laid off as a consequence of the sale of a GlobalFoundries subsidiary: 78.

California-based chipmaker Marvell alerted the Vermont Department of Labor to the Essex Junction job cuts in what's known as a "warn notice" letter. The cuts are effective in early January.

The news comes two days after Marvell completed its $600 million purchase of Avera Semiconductor, which GlobalFoundries spun off in October 2018 as an 800 employee subsidiary with workers in Vermont, New York and overseas.

Dozens of Vermont employees who worked at a subsidiary of GlobalFoundries lost their jobs Tuesday following the completion of the $600 million sale of the unit to a Silicon Valley-based chipmaker, according to one of the workers who was let go.

The cuts came to light after Santa Clara, Calif.-based Marvell announced that it had completed its purchase of Avera Semiconductor, which GlobalFoundries spun off in October 2018 as an 800-employee-strong, wholly owned subsidiary with workers in Vermont, New York and overseas.

The division focused on the design and development of cutting-edge chips known as ASIC — application-specific integrated circuit semiconductors.

Updated at 6:45 p.m.

The superintendent of Burlington schools will step down when the current fiscal year ends on June 30, 2020.

In a brief interview, Yaw Obeng told Seven Days that he had been thinking about career options last year, and he'd had "some opportunities." But he stayed to see some initiatives through, including a bond vote.

He wanted to give the school system ample notice, Obeng said: "I wanted to be fair to our staff and the board, and not to all of a sudden say, 'See ya, here's two weeks,' or something like that. Just to be upfront and fair with them."

Obeng announced his decision Wednesday morning in an email to parents and teachers, calling it a privilege to serve as leader of the city's schools. He was hired in 2015.

"I am writing today because these last few months of conversations and reflections have also led me to believe that the systemic foundation has been laid to allow me to explore other personal and professional opportunities," Obeng wrote.

He explained further that he'd submitted his resignation, effective the end of the fiscal year.

"I had contemplated waiting to make this announcement until January but ultimately decided that by informing the board, staff, and community now, Burlington School District will have the best opportunity for a successful transition," Obeng wrote.
He said the decision had not been an easy one, but that he felt he would leave the district on a stronger financial footing and with a capital plan in place to address the district's space constraints and aging infrastructure.