Junk Mail

By Pike | Published: February 9, 2010

The Vermont legislature considered enacting  junk mail legislation so that VT residents could choose not to be a part of the waste stream. Sadly, the legislature buckled under pressure of the junk mail lobbyists who claimed that jobs would be lost as a result of the legislation. While Vermont could be creating jobs greening up our state, instead the legislature has decided to create jobs by polluting Vermont.

Recently I received some pretty disgusting junk mail from some so called Saint Mathew’s Church in Oklahoma, and I discovered a way to opt out of junk mail on  case by case basis: USPS Form 1500. This form tells the USPS not to send any mail from the offending company. Form 1500 must not be used much because the neither the clerk nor the manager had seen it before. While the form is designed to stop the receipt of unwanted pornography, the supreme court in Rowan v. USPS stated that only the addressee can determine what they believe is pornographic. If a person feels a dry-goods catalog is pornographic, then they can request it not be sent. The junk mail from Saint Mathew’s Church in Oklahoma is certainly worse than any dry-goods catalog.

While looking for ways to curb my junk mail I ran across Ecofuture.com which has an interesting page discussing reasons to use a temporary change of address form rather than a permanent form.

Some ugly facts about junk mail: The average American receives 41 pounds of junk mail each year.  Almost half –44%– of the junk mail ends up in a landfill. Almost $320 million in  tax money is used to dispose of junk mail, and more than 100 million trees a year are used to create pulpwood for paper products–that’s like deforesting the Rocky Mountain National Park every 4 months.

Posted in Uncategorized | Leave a comment

Unicel Customer Sues AT&T for TCPA Violations

By Pike | Published: February 9, 2010

I was a Unicel customer until Verizon Wireless, who purchased Unicel, had to sell the Unicel subscriber contracts to AT&T Mobility to comply with a Federal and Vermont settlement agreement.

AT&T quickly made a mess of things.

In addition to poor business practices that lead to the Assurance of Discontinuance with the Attorney General, AT&T sent out 30 some-odd sms text messages to legacy Unicel customers in violtion of the  Federal “do not call” act, and Vermont anti-fraud legislation.

They are now being sued by a Rutland customer who claims that AT&T was collecting taxes illegally.

I’m currently suing them for the text messages. Given that they sent these messages to about 150,000 thousand legacy Unicel customers, AT&T Mobility may have made a very expensive mistake.

Posted in Uncategorized | Leave a comment

Selling homes in 2010 v 1999

By Pike | Published: January 14, 2010

At the beginning of the 21st century, most home buyers had never viewed a home online; the three top home sale marketing methods were yard signs, newspaper ads and open houses.

In 1999, buyers who went online in search for a home were in the minority – only 37 percent of buyers used the Internet in their home search, according to data from the NAR Profile of Home Buyers and Sellers. Today, 90 percent of buyers are searching online.

Nationally, median home values over the past decade have increased more than 25 percent, from $137,600 in November 1999 to $172,600 in November 2009 (the most recent existing-home data available). Fewer people are buying detached, single family homes – 82 percent in 1999 compared to 78 percent in 2009 – but more people are buying homes in suburban neighborhoods – 46 percent in 1999 compared to 54 percent today.

Buyers themselves have also changed. A smaller proportion of married couples are buying homes these days; while married couples comprised 68 percent of all home purchases at the beginning of this century, they represent 60 percent of all buyers today. Single men and women have made up the difference – single men purchased 10 percent of all homes last year, compared to only 7 percent 10 years ago. Single women now represent more than one-fifth of all home buyers – 21 percent, up from 15 percent in 1999.

So why are real estate agencies working and charging as if it were still 1999?

Posted in Uncategorized | Leave a comment

Toto Ultramax Toilet Review

By Pike | Published: December 27, 2009

A friend of mine has a t-shirt that reads “When you’re my age, an ‘all nighter’ is a night you don’t need to get up to go to the bathroom.”  Unfortunately, my late-night bathroom visits are not as uncommon as they once were.   However, if I can keep lights and noise to a minimum, I can generally get back from the bathroom to bed and sleep in under a minute.  To cut down on noise, I wanted to replace a loud pressure assisted toilet in the bathroom with a quieter gravity flush toilet.  Based on reviews,  I went with the very pricey (about $600) Toto Ultramax. I cannot recommend you do the same.

It was loud, but the pressure assisted toilet worked great. It flushed everything you gave it and roared for more. And it kept itself clean. My Toto Ultramax doesn’t do the job when it comes to cleaning. While it removes solid waste like nobody’s business, it leaves crud at and above the waterline. Until I bought this toilet, I hadn’t considered what other functions a toilet needs to do. I now realize that a toilet needs also  remove all liquid and keep itself clean. The Ultramax has trouble with both of these tasks and as a result, I’m now cleaning my toilet several times a week.

The  big problem is the the low waterline.  Anything on the bowl above the water line just doesn’t get flushed. The Ultramax also doesn’t remove all liquid in a flush so you get staining at the waterline. Only a few days after cleaning the bowl, staining will show at the waterline and crud will accumulate above the water line. I don’t want a toilet that can keeps toilet water cleaner than the toilet bowl.

And the Ultramax toilet is not that much quieter than my other toilet.

The one-piece design reminds me of Europe (by way of reminding me of European toilets, that is. I don’t by any means wish to imply that Europe is like a huge, dirty toilet), and the soft-close seat makes closing the toilet seat fun. You didn’t think one could have fun closing a toilet seat, did you?  But these are not reasons to buy a toilet and this  toilet is expensive. I recommend you buy a cheaper toilet, and treat yourself to a weekend in Montreal for that fun, European (without the “you’re a-peein’”) feel the Ultamax can give you..

A good friend has a  different model Toto toilet–a two piece design. It seems to work better than mine on all points (except the quiet toilet seat). If you need to buy a Toto, buy a two piece model.

Posted in Toilets | Leave a comment

Burlington Planning Commission Dinner

By Pike | Published: December 22, 2009

Burlington

Public Meeting: There will be a joint meeting of the Planning Commission, Development Review Board and Design Advisory Board Joint Meeting on Tuesday, December 22 at 5:30 PM at the Firehouse Center for Visual Arts.  The agenda is below.

  • Dinner and Refreshments
  • Agenda & Introductions
  • Historic Building Materials – The Commission has embarked on a discussion of historic building materials in the last few months and wants to hear from the DRB and DAB on the issues they face when applications for material replacement are in front of them.
  • Downtown/ Waterfront Plan Scope of Work – The Commission will continue its discussion of the Downtown / Waterfront Plan Scope of Work and budget.
  • Adjourn
Posted in Uncategorized | Leave a comment

Comcast v. Burlington Telecom

By Pike | Published: December 11, 2009

What with the hoopla surrounding Burlington Telecom recently, and; more importantly, with my neighbors suddenly encrypting their wireless Internet connections, I decided to compare Burlington Telecom with their rival Comcast.

I signed up first with Comcast. I had called Burlington Telecom on Wednesday during business hours to order service but was answered by a recorded message requesting that I call back during office hours. They listed the office hours and in so doing, confirmed that I was indeed calling during office hours. These humble beginnings did not bode well for Burlington Telecom. I left a message and called Comcast.

Comcast was open, did answer, and I was able to speak to a live person without too much hassle. I asked if they had a free trial period. Yes they do. I asked if the free trial covered the installation fee. Yes it does. I asked how soon they could establish service. The answer to that was less direct. I’d have to sign up before they could determine a service date. After supplying my name, and phone, and address, I  learned I needed to give Comcast my social security number to sign up over the phone. That wasn’t going to happen. Establishing service via phone was a bust with both service providers.

One point to Comcast for offering a free trial period. One point to Burlington Telecom  for making the failure to sign-up for Internet service via the phone quick and easy.

I established service with Comcast the following day at their S. Burlington office–no social security number needed with a picture ID. (Burlington Telecom returned my call as  I was driving to Comcast. The customer service representative was quite apologetic.  I learned the Burlington Telecom does not offer a free trial period.) Comcast sent out  a tech to connect the service the following morning. The tech was helpful and friendly. I chose the self-install set-up and already own a cable modem so the tech’s roll was limited to making the connection at the pole.

The rest of the Comcast set-up was not as friendly. Comcast just doesn’t let you  logon to the Internet. You first need to install a bunch of unnecessary bloatware onto your computer and initialize an account using the account number on your bill. I just established service, I had no bill. Consequently, I needed to call Comcast for my account number.

I read their Terms of Service. While they do require 30 days notice to change the service terms, they reserve the right to change the End-user license agreement at any time without notification of any kind. They suggest going to their website often and checking for changes. Not a user-friendly way of doing business. 

The next step involved installing software. The requirement that Comcast install  software onto my computer is, I feel, a needless compromise of my privacy.  But it got worse, after installing and retarting my computer, I found that Comcast chose to update my Internet Explorer homepage to their website without my permission. This  is a serious misuse of their services. No company should be making any changes to any item on my computer without my permission.

I’ll test out the Comcast speed, advertised at 6 mps download later this week. But their modifying me IE settings is a deal breaker. I don’t think I’ll continue with their service. Hopefully Burlington Telecom has a less intrusive procedure for establishing service.

Posted in Product Reviews | 1 Comment

residential electrical generation and clothes lines

By Pike | Published: December 5, 2009

As of May 27, 2009, electrical generation and transmission facilities may not be regulated through zoning if those facilities require a certificate of public good pursuant to 30 V.S.A. § 248. So, one may be able to install a wind-turbine or solar array without the need apply for zoning permit.

The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 117: MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT

24 V.S.A. § 4413. Limitations on municipal bylaws

§ 4413. Limitations on municipal bylaws

(a) The following uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use:

(1) State- or community-owned and operated institutions and facilities.

(2) Public and private schools and other educational institutions certified by the state department of education.

(3) Churches and other places of worship, convents, and parish houses.

(4) Public and private hospitals.

(5) Regional solid waste management facilities certified under 10 V.S.A. chapter 159.

(6) Hazardous waste management facilities for which a notice of intent to construct has been received under 10 V.S.A. § 6606a.

(b) A bylaw under this chapter shall not regulate public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248.

(c) Except as otherwise provided by this section and by 10 V.S.A. § 1976, if any bylaw is enacted with respect to any land development that is subject to regulation under state statutes, the more stringent or restrictive regulation applicable shall apply.

(d) A bylaw under this chapter shall not regulate accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under subsections 1021(f) and 1259(f) of Title 10 and section 4810 of Title 6.

(1) For purposes of this section, “farm structure” means a building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in subdivision 6001(22) of Title 10, but excludes a dwelling for human habitation.

(2) A person shall notify a municipality of the intent to build a farm structure and shall abide by setbacks approved by the secretary of agriculture, food and markets. No municipal permit for a farm structure shall be required.

(3) A municipality may enact a bylaw that imposes forest management practices resulting in a change in a forest management plan for land enrolled in the use value appraisal program pursuant to 32 V.S.A. chapter 124 only to the extent that those changes are silviculturally sound, as determined by the commissioner of forests, parks and recreation, and protect specific natural, conservation, aesthetic, or wildlife features in properly designated zoning districts. These changes also must be compatible with 32 V.S.A. § 3755.

(e) A bylaw enacted under this chapter shall be subject to the restrictions created under section 2295 of this title, with respect to the limits on municipal power to regulate hunting, fishing, trapping, and other activities specified under that section.

(f) This section shall apply in every municipality, notwithstanding any existing bylaw to the contrary.

(g) Notwithstanding any provision of law to the contrary, a bylaw adopted under this chapter shall not prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 45, § 15c, eff. May 27, 2009.)

Vermont League of Cities and Towns

Posted in Vermont Statutes | Leave a comment

Keller Williams comes to Vermont

By Pike | Published: December 4, 2009

Rumor has it the Keller Williams will open a franchise in the Burlington area in the next few months. Brian Armstrong, former broker at Century 21 Jack Associates, has partnered with Adam and Sarah Hergenrother, formally of Re/Max North Professionals in Colchester to open Green Mountain Real Estate with the intent, as  I understand it, to buy a Keller Williams franchise in February. I had spoken with the KW regional manager before opening Castle Porter Real Estate and learned a bit about their business model. I learned more from the Keller Williams website and a Stanford case study of the company.

The Keller Williams business model is an agent driven model that profits by the economies of scale. Keller Williams business model is structured so that individual franchises become profitable only after recruiting 40 agents on average. A market center will try to recruit as many agents as possible in the “launch period”– the first 18 months of a market center’s operation.  So, while the average brokerage firm had  49 agents per office in 2006, KW offices–called market centers– had 174 agents. Consequently, even though the average sales production per agent is lower at Keller Williams market centers (in 2004 the average KW agent had 6.7 sides while the national average was 10.8), this is more than compensated by the higher transaction volume than its competitors.

Keller Williams calls principle brokers “team leaders,” and it is the team leader’s responsibility to jump start the launch period by recruiting five influential, high-earning agents who can  recruit additional agents. In fact, Keller Williams does not give final approval to a new franchise until the franchise owner, called the ”operating principle,” and the team leader recruit these core agents. If there are not at least five agents that the international franchise approves of, it does not approve the franchise agreement.

To recruit agents, the Keller Williams franchise provides a recruitment incentive call “profit sharing” that rewards an agent who recruits a second agent with a small portion of the profits the second agent makes as well as the profits of any agents the second agent recruits, up to seven degrees of separation from the original agent. Consequently, because the operating principle and team leader are at the top of the pyramid, they have much incentive to recruit other agents as quickly as possible.

There are other franchise models with different agent compensation arrangements and many are represented here in Chittenden County. Re/Max for example, let’s agents keep most of their commission but charges a desk fee of $2,000/month. Century 21, Coldwell Banker, and others start agents of at a 50/50 split after taking 8% of the top of the commission and increase the agent split as  agent performance increases.

I chose not to associate myself with any franchise simply because a franchise is primarily in the business to sell itself, not homes. This is apparent in the KW business model that needs a market center of at least 40 agents to survive and profit-sharing scheme which rewards agents for recruiting other agents who recruit other agents. Real estate is a local product–bought locally and sold locally–and a national franchise is, when you add the dollars and cents, not a necessary part of the equation. The money that goes back to the franchise could be put to better use in the pocket of the seller, who could have paid a lesser commission, the buyer, who could see money back at closing, or in the pocket of the agent who doesn’t need to pay the franchise fee.

Most of what I’ve discussed can be found on the Keller Williams website in a Stanford University Keller Williams case study.

Read a Keller Williams sales script.

Posted in Burlington Happenings | Leave a comment

Tax Credit Extention

By Pike | Published: November 6, 2009

The feds have extended the tax credit. Buyers need to have a property under contract by the 30th of April 2010, and close by the end of July. To leave room for negotiations, buyers should identify and make an offer on a property by mid-April. Waiting until the last moment and making the offer on the 3oth will not make you eligible unless the sellers agree to all terms and sign the purchase and sales contract also on the 30th.  Use the link below for a comparison of the current tax program with the program effective Dec 1st:

Comparison of home purchase tax credits.

FEATURE Jan 1 – November 30, 2009
Rules as enacted
February 2009
December 1 – April 30,
2010 Rules as enacted
November 2009
Firsttime
Buyer –
Amount of Credit
$8000
($4000 married
filing separate)
$8000
($4000 married
filing separate)
Firsttime
Buyer –
Definition for Eligibility
May not have had an interest
in a principal residence for 3
years prior to purchase
Same
Current Homeowner –
Amount of Credit
No Provision $6500
($3250 married
filing separate)
Effective Date –
Current Owner
No Provision
Date of Enactment
Current Homeowner –
Definition for Eligibility
No Provision Must have used the home
sold or being sold as a
principal residence
consecutively for 5 of the
previous 8 years
Termination of Credit Purchases after
November 30, 2009.
(Becomes April 30, 2010 on
Date of Enactment.)
Purchases after
April 30, 2010
Binding Contract Rule None So long as a written binding
contract to purchase is in
effect on April 30, 2010, the
purchaser will have until
July 1, 2010 to close.
Income Limits
(Note: Increased income
limits are effective as of
date of enactment of bill)
$75,000 – single
$150,000 – married
Additional $20,000 phase out
$125,000 – single
$225,000 – married
Additional $20,000 phase
out
Limitation on Cost of
Purchased Home
None $800,000
Effective Date of Enactment
Purchase by a Dependent No Provision Ineligible
Effective Date of Enactment
Antifraud
Rule None Purchaser must attach
documentation of purchase
to tax return

Posted in Uncategorized | Leave a comment

Sloan Toilet Tanks – Gerber Ultra Flush Toilets

By Pike | Published: September 14, 2009

I was quite happy when I bought and first used my Gerber Ultra Flush with a Sloan Flushmate air tank. As a friend of mine said, “It has all the fun of airplane toilets with all the comforts of staying home.” It worked and worked well. There was little doubt that whatever may have been in the toilet before the flush would certainly be elsewhere after the flush. The toilet was expensive as far as toilets go, but I felt, at the time, it was worth the money. This was about 14 years ago, and low-flow toilets that actually flushed well on a single flush were not easy to find.

A year later I bought a second for the bathroom on the second floor next to the bedrooms and realized how loud they are. I hadn’t really noticed in the first floor bathroom, but yes–loud. The kind of loud you don’t want to hear when you’re half asleep.

14 years later the Sloan air tank on the Gerber Ultra Flush toilet has developed a leak, a small hole on the top of the plastic tank. How, I don’t know. Why, after all this time, I don’t know. It appears, based on my conversation with customer service at Sloan, that leaks are not uncommon. The tank is made of what looks like high density pvc plastic. It doesn’t look like it should develop leaks.

Needless to say the warranty on the Sloan tank has expired. I need a new tank. They cost as much as some of the new toilets, toilets that Consumer Reports give high marks to. So I am buying a new toilet. I generally hate to waste things, and  I don’t like the idea of buying a new toilet when I could repair my current toilet. I like even less the idea of replacing a part that will cost around $100 that has a life of 14 years (Sloan recommend retail price for the tank is $96. My two local plumbing supply houses wanted $130 and $155. I can get it online for $90 plus shipping.) Toilets should last longer, much longer, than 14 years. Now that I’ve had the opportunity to see the full life-cycle of a Gerber Ultra Flush toilet with a Sloan tank, I no longer am starry eyed whenever I flush the toilet. But, then, air travel is not the fun it once was either. I cannot recommend anyone buying a Gerber Ultra Flush toilet with a Sloan tank unless they are ready to purchase a toilet with a low life expectancy. “Flush hard, die young” is not the motto I want for my toilet.

I’ve already replaced the toilet on my second floor with a gravity flush, one piece Toto toilet. I wanted to remain half-asleep when flushing my toilet in the middle of the night.  It is relatively quiet, and does the job in one flush. It works. It should. It cost almost $600. It was a hard purchase when I could have bought a Home Depot toilet for $150, but there are some things I just don’t want to be bothered worrying about; toilets are one of them.

I read in a recent Consumer Reports that there are quite a few new gravity flush toilets that are dependable, quiet, and inexpensive. I’m ready to give one a try. I’ll let you know how it works out in about 14 years.

Posted in Toilets | 1 Comment