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HomeMy WebLinkAboutMinutes - City Council - 10/26/1988CHARTER CHANGE PUBLIC HEARING WEDNESDAY, OCTOBER 26, 1988 The City held a Public Hearing on Wednesday, October 26, 1988 at 7:30 PM in the City Hall Conference Room, 575 Dorset Street. Present: Councilwoman Molly Lambert, City Manager William J. Szymanski Others Present: Randall Larivee, Paul St James, William Baltz (all Brookwood Drive); Dr. Victor Ratkus (Laurel Hill Drive); Niles Duppstadt (Van Sicklen Road); Byran Hill (Shunpike Road). Public Hearing on proposed Charter Change, scheduled for the November 8, 1988 Election. Change is in reference to acquisition of land for public use. Bill Szymanski opened the hearing at 7:30 PM and stated that the purpose of the meeting was to explain and answer questions regarding the Charter change which is an item on the ballot at the November 8, 1988 Election. Copy of which is attached to these Minutes. The change was the recommendation of the City Attorney who felt the language as it exists was too vague. Past court decisions ruled in favor of the appelant, where Statues were vague. If the Charter amendment is approved by the majority of the voters, it is then forwarded to the State Legislature who must also approve it. Anyone having concerns can still bring those concerns to the three City Representatives and also appear at legislative hearings. The three Brookwood Drive residents wanted to know the procedure in acquiring property through condemnation. Bill Szymanski stated that the project requiring the property would be well publicized and reviewed by Committees and the City Council. An appraisal by a professional would determine the value of the property involved and that offer would be made to the owner. If the owner was not satisfied with the amount of the offer and his asking price was determined by the City Council to be excessive, then the Council could proceed and acquire the property by condemnation. This is a two step procedure. First, a necessity hearing would be held. At this hearing the City Council determines that the project is necessary for the benefit of the City. The second step would be a compensation hearing to get public input on the compensation. After that step the Council inspects the site with the owner, and an adjustment in the offer can be made. If that is still not acceptable, then the issue is decided by the courts. The Brookwood Drive residents also brought up the question regarding construction work in easements, such as water and sewer lines and who is responsible for restoration of the area. They were told the contractors doing the work, also that inspectors would be on the job to be sure that was done. They also brought up the unrelated issue of noise from the new Martin's store, especially from late night delivery trucks, also of the roof top heating and cooling units. Dr. Ratkus said that the Charter change gave the City too much authority, especially acquiring view rights and personal property. Niles Duppstadt of Van Sicklen Road asked if he could put up a fence to block the view of people stopping along Hinesburg Road and looking at his sheep. He was told he could, but if for some reason the City Council wanted the public to have that privilege, they would have to negotiate that with him. There being no other questions the meeting was concluded at 8:30 PM Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. NOTICE OF PUBLIC HEARING WEDNESDAY OCTOBER 26,1988 South Burlington City Hall 575 Dorset Street South Burlington, Vermont