Monday, September 21, 2015

Killington Passes Firearm Discharge Ordinance

By Curt Peterson, Standard Correspondent
KILLINGTON — For an issue so controversial in other jurisdictions that it attracted lengthy discussion at two previous meetings, the Killington select board’s final consideration of their proposed new firearm discharge ordinance drew a small crowd Tuesday night.
Before the meeting, select board chairman Patty McGrath told arriving residents about an incident at her restaurant, the Long Trail Inn.
“On a fairly busy afternoon a couple came in, sat at the bar and ordered beers. They were both wearing firearms, which made the bartender ill at ease. I approached them and told them, very nicely, that we appreciated their business and hoped they enjoyed their drinks, then asked them if they would be kind enough to secure their guns in their vehicle.”
The couple, she said, protested that they had a right to openly carry firearms in Vermont.
“I know you have the right,” she told them, “but I’m worried they will intimidate the other guests and our employees.”
They asked McGrath if she was intimidated.
“No, I’m not. If I were intimidated, I wouldn’t be talking to you right now. But that may not be true of the other people here.”
The story illustrates the fine line that the Killington selectmen have tried to negotiate during the firearms regulation debate, which started in April when several residents complained to the board about recreational firearms use near recreational facilities on River Road and other places in town. The proposed ordinance prohibits firearms discharge within 200 yards of certain prescribed roads, and discharge between sundown and sunrise. Police chief Whit Montgomery supports the ordinance as, he says, “it gives us teeth when we get a call that someone is shooting in a sensitive area or late at night.”
During the meeting resident Grace Staples pointed out that Vermont Fish and Game prohibits discharging a firearm within 25 feet of a road, and wondered why and how the town thought a 200-yard prohibition was either legal or necessary. McGrath and selectman Chris Bianchi explained that the ordinance does not limit legal hunting in any way, as towns do not have that jurisdiction. The ordinance concerns recreational shooting only, over which the select board does have purview.
Matt Meservey, who has participated in discussions about the ordinance in the past, suggested designating just certain areas in town seemed to be unfairly aimed at residents in those areas.
“Wouldn’t it be logical and more fair if the ordinance covered the entire town?” he asked.
McGrath explained that the ordinance is designed to be a compromise, a prohibition that will protect residents walking on River Road, for example, people using the town recreational facilities, library and town offices, and the walking trails and waterways in that area, while not imposing a general ban on recreational shooting in all of Killington.
“This may not be a perfect solution, but I think it’s a very good attempt to have an ordinance that’s both effective and fair,” said Bianchi. “In the end it may prove otherwise. We may even decide to scrap it if it doesn’t work, but I think we should try it out as it is and see how it goes.”
Town Manager Seth Webb added that the Recreation Commission had taken a vote and has expressed unanimous support for the ordinance as written.
All three selectmen voted to approve the firearm discharge ordinance, which will be posted in town and advertised in local newspapers. Webb then explained the new regulation will go into effect 60 days from the date it was approved, unless the board receives a petition within 45 days, signed by at least 5 percent of the eligible voters, asking for a public meeting and vote to either change or rescind it. Meservey asked how many people have to sign a petition for it to be effective.
“There are about 900 eligible voters in town, so, at least 45 would have to sign the petition,” Webb answered.
Webb also said that he was looking into a possible Agency of Natural Resources grant for up to $75,000 that might be used to “formalize” the gravel pit on Route 100 near Gifford Woods State Park into a safe and functional shooting range, a place where recreational shooters could go to avoid impinging on other residents’ rights to peace, quiet and safety.
“We might encourage firearms enthusiasts to form a group, something like Friends of Killington Shooting Range, to help with obtaining the grant,” he said.
Resident Jack Holding, who had spoken at the Sept. 1 meeting about the dangers to pedestrians, bicyclists and vehicles presented by drainage pipes that stick up above the ground at West Hill Road, noted that his suggestion had been left out of the minutes for that meeting.
Webb noted that the omission would be corrected, then reported that new state standards allow the pipes to be cut down to ground level, making them safer.
“We will be adjusting as many as we can this fall, and we’ll be starting at West Hill Road,” he said.
The proposed Town Plan, with updated changes, was discussed by the board. David Rosenblum said he thought the new plan blurred the roles of the Town Plan and the Zoning Ordinance, with which the board generally agreed. Two Rivers Ottauquechee Regional Commission was meeting coincidentally as Killington’s discussion went on. Webb kept in contact via phone with Town Planner Dick Horner at their meeting. The board voted to approve the Town Plan as proposed, Webb informed Horner by text, and a little later heard back that TRORC had accepted the plan.
Resident Alan Salomon brought up the lack of affordable housing in Killington, a topic mentioned in the Town Plan.
“There are people who work in and for the town who can’t afford to live here because houses cost so much,” he said, suggesting that the town should be doing something about the situation.
Chris Bianchi said the cost of land is so high that he doubts a developer would buy lots to build affordable housing, as it would not be practical. Selectman Ken Lee pointed out that some kind of cluster housing or higher-density building needed to create affordable housing would require community water and sewerage.
“We have very little sewerage, and no municipal water supply,” he said.
Salomon said Woodstock has high property values and they had built affordable housing, “so there has to be a way to do it.”
Bianchi said Killington Resort subsidized a bus that carried some of their employees from and to Rutland where they lived. “It was made part of their Act 250 permit,” he added.
Webb promised to do some research on the subject.
Webb’s town manager’s report included details for Killington Restaurant Week, Sept. 20-26. “During that week 13 local restaurants will offer specials priced to celebrate the height of Killington Mountain’s peak, 4,241 feet. Some will offer two meals with wine for $42.41, and the higher end places will offer one meal for $42.41.”
Other upcoming events are the annual Killington Brewfest on Oct. 3, and Killington Oktoberfest, sponsored by the town, Oct. 9-11.

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