June 19, 2013

State official:

AOT official critical of Allen Brook bus loop

By Kim Howard
Observer staff

An unconventional school bus driveway that causes young students at Allen Brook School to walk between buses has raised some eyebrows with state officials.

The driveway, which acts as a makeshift bus loop cut-through, and the contents of a maintenance garage and storage sheds were among the safety concerns raised by the Development Review Board last week during a hearing regarding the temporary classrooms at Allen Brook School.

None of these items were previously outlined in site plans brought before the board, so none had officially been approved. School officials last week went before the Development Review Board to request a new permit for temporary trailers installed three years ago in response to overcrowding.

The primary safety concern of the board was that of an unpermitted “secondary” bus loop, a gravel drive cut across the main bus loop, which allows more flexibility for bus parking given the varied arrival times of afternoon pick-ups. One afternoon last week, two buses were parked along this cut-through.

Stephen Sherrill, traffic investigations supervisor with the Vermont Agency of Transportation, said that without seeing the site it’s hard to pass judgment on it. Nevertheless, “school bus loading and unloading should be done in a manner that does not expect the children to be walking between buses,” he said.

“I wouldn’t go so far to say that it’s illegal, but it’s certainly ill advised,” said Sherrill, noting that specific regulations are laid out in the Department of Motor Vehicles School Bus Driver Manual. “There are so many things that can happen to small children in front of or behind a large bus. It is just not a safe practice at all.”

  • Requests for comment by an official at the Chittenden South Supervisory Union were not immediately answered.

Allen Brook School Principal John Terko said last Wednesday afternoon that the school employs a number of strategies to ensure kids are safe in the current bus loading process. No vehicle other than a school bus is allowed into the bus loop. Generally two adults and Terko stand outside monitoring the bus-loading process. No bus is allowed to move until bus drivers are radioed by one of the adults on duty that the roadway is clear.

Without the gravel cut-through, or secondary loop, at least four buses would have to line up single file. The doors for at least two of those buses would face away from where staff members stand, making it impossible for teachers to monitor kids as they get on those buses.

“It’s easier to see the kids when the buses are lined up where they are,” Terko said.

Board members also questioned the safety of storing gasoline in the maintenance garage, but a state official dismissed those fears.

The garage was on site prior to the permitting of the trailers, but had not been on the original site plan. The garage, while fifty feet away from the main school building, sits immediately adjacent to the school’s playground.

Terko said the garage holds maintenance tools – tractors, lawn mowers, winter salt, and miscellaneous tools – as well as two 5-gallon containers of diesel and one 5-gallon container of gasoline.

Robert Patterson, regional manager for the Division of Fire Safety for the Vermont Department of Public Safety, said that s mall quantities of fuel stored in metal containers pose no significant threat when in a secured, locked building.

“There is no loss history that I’m aware of that people have been in jeopardy if they’re playing outside next to a building with gas in it,” Patterson said by phone last week in response to a description of the building’s proximity to the playground. “If you have a fire that ensues in that building…it’s just not going to be out of control that quickly to jeopardize the children.”

The smaller storage sheds contain non-hazardous materials, according to Terko. The shed on the eastern side of the school contains school supplies, fans, crates and games. Athletic equipment, tricycles and wagons fill the shed on the west side of the school.

Trailers’ lifespan also a concern

Board member Cathy O’Brien asked at last week’s meeting about the manufacturer’s estimate for the temporary trailers’ lifespan. Several board members noted that modular units recently replaced at Champlain Valley Union High School were “dismal.”

Bob Mason, chief operations officer for Chittenden South Supervisory Union, which helps administer Williston and other area school districts, acknowledged that as trailers are used for longer periods of time, “the less viable they are for a long-term solution.” He noted that CVU’s units were constructed in the mid-1960s and that facilities at the high school level tend to have greater wear than elementary school facilities.

Bob Warrington, general manager at Schiavi Leasing Corp., which supplied the trailers, said they should have a lifespan of thirty to fifty years, provided there is not deferred maintenance.

“As long as they’re maintained, the roof is kept up and maintained well, and the systems are maintained, the materials and the components and the systems in those buildings should … last a long time,” said Warrington.

Mason said the School Board over the long-term wants to do “something permanent” at the site that is both taxpayer- and enrollment-friendly. The cost of a permanent structure would be significant, and enrollment remains uncertain. After years of adding an average of three dozen students to its roster, the district has seen a decline in enrollment for the past three years. Enrollment this year has dropped nearly three dozen students.

The application for a second temporary permit for the Allen Brook School trailers will next be considered at the Nov. 22 Development Review Board meeting.

[Read more...]

Second man charged in Williston sexual assault case

Pair allegedly abused young girl

By Ben Moger-Williams
Observer staff

Detectives from the Chittenden Unit for Special Investigations arrested a Hinesburg man Friday in connection with the sexual abuse of a 10-year-old Williston girl who was allegedly molested and assaulted over a two- to three-year period.

Derek Kimball, 33, was charged with two counts of aggravated sexual assault and one count of lewd and lascivious conduct with a child, according to court records. Kimball, a Hinesburg resident, is being held at the Chittenden Regional Correctional Center in South Burlington. His bail was set at $25,000.

An acquaintance of Kimball’s, 34-year-old Williston resident Mark Hulett, was arraigned on the same charges in May, but he was released in June on a $50,000 bond. Hulett is scheduled to be sentenced at the end of this month.

Both men are accused of having sexual contact with the girl, whose mother was a high school friend of Hulett’s. In a sworn affidavit, Detective Sgt. Bruce Bovat , the director of CUSI, said that he and CUSI Detective John Dunn approached Kimball at his place of work, Chittenden County Solid Waste District, in South Burlington on Friday. They interviewed Kimball in their car, where Kimball admitted to having had sex with the girl once, and varying degrees of sexual contact on different occasions, Bovat said in the affidavit.

According to Bovat, the girl told her cousin that Kimball threatened to kill her and her family if she ever told anyone about his sexually assaulting her. The girl also told her cousin that Kimball had once used handcuffs while touching her, the records say.

Bovat said that Kimball admitted to the detectives that he knew he had done something wrong with the girl. Bovat asked what Kimball would say to the girl if she were there. The records show that Kimball responded, “I would apologize for what I’ve done and hope that you could get your life back on track and be able to continue on.”

Bovat said CUSI had to wait until the opportune moment to arrest Kimball.

“With the information we had, it was a timing issue,” Bovat said. “It was the right time to approach (Kimball).”

Other developments

Despite an objection by the state prosecutor, Hulett was released from jail in June into the custody of his parents. Hulett changed his original plea of innocent to a guilty plea in August, according to court documents. Hulett and the state have not reached any agreement or plea deal, according to the prosecutor in the case, Deputy State’s Attorney Nicole Andreson, so it is unclear what Hulett’s sentence will be.

Hulett’s sentencing hearing is scheduled to take place on Oct. 31. If the sentence imposed is longer than three months, Hulett might change his plea at the hearing. Hulett and his attorney, Mark Kaplan, filed a notice with the court Aug. 20, which states “the Defendant shall have the right to withdraw his plea of guilty if his sentence to serve is greater than 90 days.”

According to court records, Hulett’s sentence could be as short as 30 days, with a lengthy probation. In a memorandum filed with Vermont District Court in Burlington, Andreson wrote that, “given the nature and frequency of the assaults, as well as the age of the victim,” the state is recommending a sentence of 8-20 years in jail.

“It will certainly be a contested sentence, I can say that,” Andreson said in a phone interview. Kaplan did not return multiple phone calls to his office to comment for this story.

Court documents show that Hulett, a former Williston firefighter, admitted to having repeated sexual contact with the girl beginning when she was 8 years old.

The girl’s parents told police that they sometimes found Hulett and their daughter sleeping in the same bed at the family’s home, but they did not stop the practice, records indicate. Hulett also babysat for the girl, and often picked her up from school. The documents say Hulett spent about two nights a week at the girl’s home in Williston.

While the parents might have exercised poor judgment regarding their daughter’s relationship with Hulett, Andreson said they have not been charged with any crime.

The parents reported the alleged abuse to law enforcement officials in May. The girl had told her cousin about having sexual encounters with Hulett at the same time she talked about being assaulted by Kimball. The cousin then told another relative, who alerted the parents, according to the records.

[Read more...]

School district faces trailer hitch

Board disapproves making temporary classrooms permanent

By Kim Howard
Observer correspondent

The Development Review Board expressed dissatisfaction Tuesday with Williston School District’s request to make permanent the trailers at Allen Brook School. The modular classrooms were installed three years ago as a temporary measure to ease overcrowding.

“This wasn’t really meant to be a long-term solution,” Board member Brian Jennings said of the project the board approved in July 2002. “We were under the impression that the School Board was going to be coming back to us in a couple of years with some sort of master plan for the site.”

Board members indicated a willingness to consider an application for a five-year permit, with one stipulation being that school officials return to the Development Review Board well before the expiration date – perhaps as early as three years from now – with a permanent site plan.

“If you think there’s always going to be a need for the additional space the modulars provide, why not come back to the plan of building a permanent structure on the school?” asked board member Kelly Barland.

Bob Mason, chief operations officer for Chittenden South Supervisory Union, which helps administer Williston and other area school districts, said the district would be “more than happy” to modify the application to request a five-year permit for the units instead of permanent approval.

Growing student enrollment in Williston led Allen Brook School in 2002 to install double-wide trailers for more classroom space. The units, which accommodate about 80 students, were intended as temporary until the Williston School District could assess options for permanent expansion.

Soon after construction of the temporary classrooms, however, student enrollment leveled off. After years of adding an average of three dozen students to its roster, the district saw a slight drop in enrollment over the last two years. This year, enrollment has dropped more than three dozen students, according to District Principal Walter Nardelli.

Mason told the board that while the trailers were meant to be temporary, “enrollment has changed such that it’s not prudent for the school to go forward with the long-term plan for Allen Brook to double in size.” That previously-considered plan was estimated to cost $6 million.

Since the end of September, the trailers at Allen Brook School have been in violation of a town zoning ordinance. At the time of the trailers’ construction, the Development Review Board granted the permit on condition the trailers be removed after three years and the site returned to its original state.

In June of this year, school officials requested a three-year extension of the permit, which the Development Review Board denied. The permitting process exists in part for public safety, board chair Kevin McDermott had indicated, so a new application was necessary. Safety concerns raised by board members included the location of the secondary bus loading loop, a gravel parking lot intended for deliveries which is being used for parking, and the proximity of storage sheds to the school.

School district officials failed to submit the new site plan application in time for the board to consider the issue prior to the expiration of the original permit on Sept. 27.

The application will next be considered at the Nov. 22 board meeting.

[Read more...]

Roundabout rules of the road

By Ben Moger-Williams
Observer staff

Roundabouts in Vermont are as rare as catamounts, but that may not be the case forever. A major road revamp in Winooski has resulted in a huge roundabout replacing the old, signaled intersection. And last week, Vermont Agency of Transportation Secretary Dawn Terrill announced that two of the four alternatives to the Circumferential Highway in Williston include a series of roundabouts on Vermont Route 2A. The intersection roundabouts would conceivably ease traffic problems between Interstate 89 and the Five Corners in Essex Junction.

Williston does have one roundabout – in Maple Tree Place – and while police say there have been no accidents reported in the roundabout, the area is quite congested, especially around the holidays, and sometimes confuses motorists, cyclists and pedestrians.

VTrans spokesman Ian Grossman said the Maple Tree Place roundabout is much smaller-scale than anything that would be constructed on Vermont Route 2A. “The factors would be significantly different on a major roadway,” Grossman said. “Not all intersections are created the same.”

Nevertheless, many Vermonters do not know how to navigate even a small roundabout safely and legally. In advance of the holiday season, keep these factors in mind as you navigate through Maple Tree Place.

The roundabout is composed of three main components. The “circulatory roadway” is the main, central part of the roundabout. The “legs” are the four roads that approach the central circulatory roadway. And the “splitter islands” are the triangular dividers in the legs that are designed to clearly divide entry and exit lanes around the perimeter of the circulatory roadway.

For vehicles

  • Reduce speed, keep to the right of the splitter island, and wait for an acceptable gap before entering the circulatory roadway.
  • Traffic always turns to the right, into and out of the roundabout, and moves in a counterclockwise direction.
  • Use your turn signal when exiting, but not when entering.
  • Vehicles within the roundabout should not stop except to avoid a collision. Once inside, you have the right of way over entering traffic.
  • Never pass any other vehicle inside the roundabout.
  • When an emergency vehicle is approaching, exit the roundabout and pull over after you have passed the splitter island.

Police say that many drivers assume all traffic on Maple Tree Place Road has the right of way. But actually traffic entering the roundabout from any direction has the right of way, as long as the driver can safely enter the roundabout ahead of any vehicle approaching from a different direction.

 

For cyclists

Low-speed, single-lane roundabouts such as in Maple Tree Place should not present much difficulty for cyclists, according to police. When navigating the roundabout, cyclists should:

  • Merge into the travel lane before the bike lane ends.
  • Ride as if driving in a car, traveling about 10-15 mph.
  • Claim the lane, and don’t hug the curb. Ride in the middle of the lane.

 

For pedestrians

  • People on foot should be extra cautious when trying to cross a roundabout.
  • Walk around the perimeter of the roundabout, never walk through it.
  • Cross the roundabout legs about one-vehicle length away from the circulatory section.
  • Look and listen for approaching traffic.
  • Use the splitter islands. That way you can cross only one direction of traffic at a time.

[Read more...]

Police Postpone Picketing

By Marianne Apfelbaum
Observer staff

Concerned about public perception, the Williston Police Officers Association has decided to postpone its plans for informational picketing until after a fact finder’s meeting next month.

After reaching an impasse in contract negotiations with the town, police union steward Bart Chamberlain indicated officers were planning to proceed with picketing as a means to inform residents of officers’ complaints, which center on pay and benefits. “We’d be in front of Town Hall, at Taft Corners, and other high traffic areas,” said Chamberlain in August. “Most residents support us and have no idea we’re the lowest paid department in the county.”

Now, union officials are recommending a wait-and-see approach. “Based on experience, (picketing) might be perceived as negative while we are waiting for the fact finding process,” said Chamberlain, a sergeant with the Williston Police Department. “We are not trying to embarrass the town.”

A fact finder will meet with both town and police union representatives on Nov. 1. Information will be presented by both parties, after which the fact finder will analyze the data and produce a report with his recommendations.

Town Manager Rick McGuire notes that the process could essentially end with a contract resolution at the meeting if there are just a couple of areas where there is still disagreement. The fact finder can act as a mediator to resolve the issues during the meeting itself. The Williston Selectboard has to approve the final contract, however.

In any case, McGuire sees a light at the end of the tunnel. “I am confident that the process will end in a solution that is fair to both the town and the employees,” McGuire said.

Chamberlain is less optimistic. Waiting to decide whether to picket until after the fact finding meeting “gives us an opportunity to see if they will put a good faith effort into the process,” he said. “But if the town has a preset idea of what they are willing to do for raises, and if the fact finder’s report is higher, then I think they’ll refuse to honor it.”

McGuire would not comment on specifics of the pay increase requested by the union, or on what the town is willing to pay.

At issue is not just agreement on annual pay increases, but also on a one-time “wage adjustment” to get Williston officers’ pay in line with that of other Chittenden County departments. “Once you hit the three year mark, Williston officers are the lowest paid of any police department in Chittenden County,” Chamberlain said. He also emphasized the high cost to the town in losing officers to other departments where he says the pay is higher. “We’ve become a training facility. The town is spending tens of thousand of dollars on training, and it makes the officers look very attractive to other departments,” he said. “The town is being very shortsighted.”

Currently, there are three openings in the department, which has been advertising for the positions for several weeks. There are 19 candidates, but none of them are certified. That means anyone chosen from that pool of applicants would have to attend the 18-week Vermont Police Academy before they can start patrolling Williston.

Part-time Williston police dispatcher Karen Hulbert, who also works for the Essex Police Department, is frustrated with what she sees as the disparities between Williston and the rest of Chittenden County. “I work in Essex also and there is no comparison. The other (police) departments think Williston is a joke,” she said. “If Williston residents could really see what goes on, they wouldn’t be impressed.

“There are some specific symptoms, like fear, anxiety, and loneliness that tend to affect the children of deployed soldiers. So we try to arrange morale-boosting events,” Klein said. “We have movie nights in Camp Johnson’s recreational room, and nights where the kids can just hang out. It’s especially difficult on these kids, because they don’t live at the base. They live all over, some as far away as Rutland, St. Albans, or Addison, so they don’t see each other much. This was arranged to get these kids together so they could have some fun and enjoy the bond they share.”

“This is awesome—it takes your mind off things,” said Jamie Hackley. Her father, Mike, was in Louisiana for three weeks, and has just returned to Camp Johnson. “It’s really easy to connect with the other kids, because we all know what it’s really like:sad, frustrating, just very hard at home. But here, we can give each other pointers on how to deal with things,” she said.

Ben Kelley’s dad, Mike, has finally returned after serving 13 months in Iraq. Ben, whose family lives in Orange, says, “I missed my dad a lot. He was gone so long, it was hard to get used to having him back. And if he goes now, it’ll be hard to get used to having him gone again.”

John Boyd, Jr.’s father has been in Afghanistan for three months now, and he and his family won’t see John Sr. until his two-week leave in January. “It’s a nice thing just to have fun like this,” John admits. “It lets us relax.”

Despite these difficulties, it was clear they were having a great time at the challenge course. Most of the kids sported new watch-bracelets which read, “Proud to be a military kid!” The coordinators on the Pine Ridge side were also pleased with how the day turned out.

“We used to offer our challenge course as an extensive program for lots of local schools in the area, as well as groups and companies who wanted the experience,” Bruening said. “Over time, we found that our own students were being left out of this process, and so we focused it on them. But it is a wonderful tool to offer to these kids, and our students leading the group are getting their first chance to teach others how it’s done.”

“For four years now, I’ve been playing out here every chance I get,” said senior Wes Bell, waving his arm to indicate the beautiful wooded surroundings, a peaceful vision of nature, despite the various cable, rope and wood obstacles. “This is a great character-building experience for a great group of people. And you just can’t compare the service that we are doing here with the service that these kids’ parents are doing overseas.”

The course offers a unique opportunity: a chance to climb without danger, and fall without pain.

“The premise of the program is to help people feel good about who they are,” Bruening said, “and my hope is that their experience on the course takes them to a place where they can challenge themselves, take a risk and conquer a fear, and then transfer what they learn

[Read more...]