After long Ferry Road speed-limit discussion, 25 mph remains in effect

Reducing the speed limit on the hill on Ferry Road from Greenbush Road to the train tracks was back on the agenda for the Charlotte Selectboard at its Monday’s meeting, and once again it proved to be a long, controversial discussion.

The topic, that had been scheduled for 10 minutes, lasted almost an hour.

The discussion on Nov. 18 started with Charlotte resident JD Herlihy objecting to the board considering increasing the speed limit that had been reduced to 25 mph a couple of months ago. Herlihy said, according to Robert’s Rules, “decisions are supposed to have finality.”

Because the issue has already been considered by the selectboard, voted on and approved, it should not be up for reconsideration, he said.

A couple of people countered that Robert’s Rules pertain to conduct within a meeting. One of those was Charlie Russell, who said he was putting on his town moderator hat in addressing Herlihy’s objection and contended the selectboard does have the authority to revisit previous decisions and amend them.

If the board moved to increase the speed limit, it would be “reneging on a decision,” Jack Pilla said, because the opponents to the speed limit change had the opportunity to express their dissatisfaction before the selectboard voted for it.

Board member Lewis Mudge has been a strong advocate for the 25-mph speed limit change, but he disagreed with the assertion that the board could not reconsider the decision.

Herlihy’s definition of “finality” was too broad, Mudge said, maintaining that he was just advocating for a “process” issue, not for opposition to the change itself.

“Surely, the selectboard has the right to enact an ordinance and, at a time later unspecified — it can be weeks later; it can be years later — change that ordinance,” Mudge said.

So, the discussion continued with a number of people saying reducing the speed limit makes it safer going down the hill for pedestrians, bicyclists and drivers, while others said the lower speed limit was actually more dangerous.

Chair Jim Faulkner said the primary issue was safety.

In considering the issue, Faulkner said the board has heard from road commissioner Junior Lewis saying, that on icy or snowy roads, it was dangerous going down that hill at 25 mph in big trucks because those vehicles would “slide all over the place” in those conditions at that speed. And they have heard selectboard member Frank Tenney say the lower speed was also dangerous for school bus drivers like him.

The Chittenden County Regional Planning Commission’s memo recommended 10 measures for safety on Ferry Road and lowering the speed limit to 35 mph was only one of those measures, Josh Main said. He felt only adopting one, and none of the other nine recommendations, would make the town liable if anything happened there.

Main also said the Chittenden County Regional Planning Commission’s memo didn’t collect any data on the increase in pedestrians and biking with the addition of the improved trailhead on Ferry Road for the Town Link Trail or housing density in the area.

There are also roads in Charlotte with steeper hills, and it is possible to drive the speed limit in those places. Main said, “If they can’t, I would suggest, it’s their car that needs work, not our road.”

Supporting Herlihy’s objection to revising the speed limit again, Maura Wygmans said, she has seen the selectboard make decisions multiple times based on the provided information and change its mind after there was a public reaction. These public outcries have often come after the item was on the agenda, it was warned properly and the board made a decision.

Those who opposed the speed limit reduction also had the option to petition it, but they couldn’t get enough signatures, Wygmans said.

“Why is this being revisited at this point?” she said. “And it’s crazy to say that it would be less dangerous to have a higher speed limit.”

Lewis said the issue was probably back on the agenda because of his objections. He was surprised that, after the selectboard had discussed dropping the speed limit to 35, it instead dropped it to 25, which he feels is too low.

“I just want to be on record that I am not for 25 miles an hour. I’m not going to say ‘if”; I’m going to say ‘when there is an accident,’” Lewis said. The town’s road commissioner said the potential for an accident is higher because cars are being passed more now on the hill with the speed limit at 25 mph.

Rosemary Zezulinski said she had tried to get signatures for a petition, but because the selectboard’s decision was made during the summer when people were away and because some were afraid to speak out, it was difficult to get enough.

In the end, the selectboard didn’t reverse its decision, deciding to let it stand for the time being.

The board members’ consensus opinion seemed to be that they had heard from many on both sides of the issue, so it would be best to leave the decision alone now. The board will probably wait for six months and see how the speed limit change is or isn’t working.