Headache update 2

Seth Webb's Email response to my questions:

Thank you for writing to clarify. I have heard a tremendous amount of misinformation on  this subject over the last twenty-four hours, and in addition to answering your questions, I wanted to take the time to give you all the info on the topic of W. Hill. 

Vito wrote: “Along with the West Hill Road “slip” lane elimination proposal, it has come to my attention that a lane on Killington Road will be reconfigured as a turn lane. Can you tell me where exactly this will occur?”

-        There is currently no plan (as you mention) to reconfigure Killington Road with a turn lane.  What was your source?  [A selectboard member as it turns out]  It has been studied by the Planning Commission and recently recommended as part of a study to improve the viability of the Killington Road.  Killington Road is being repaved this summer from Rt. 4 to W. Hill. The lane configuration will not change.

Vito wrote: “Also my understanding is these proposals are the result of the Killington and West Hill Road reconstruction bids were under budget. Could you tell me what the these proposals are going to cost, what the savings were, or if any money will be available for other projects”

-        This is inaccurate.  We haven’t even received the bids yet.

Here is additional background on the West Hill Slip discussion:

-        The recommendation to close the slip was discussed at various Selectboard and Planning commission meetings in 2013, the first one being in DuBois and King January 2013 presentation on sidewalk alternatives for the extension from School House to West Hill.  The recommendation was made to (1) reduce speeds on West Hill Road and improve pedestrian safety (the sidewalk crosswalk would currently lead pedestrians into traffic travelling at high speeds) and (2) reconfigure the area as a green space / commercial district entrance

-        Landworks made the same recommendation in their study to improve the viability of the commercial district

-        As we are repaving W. Hill this year, we felt it was a good time to ask the question – do we want to do this?  We’ve heard from the consultants, but now we want to make sure we hear from the community.    No decisions have been made and we want to evaluate both sides of the question. In addition to the consultants thoughts, will this proposal negatively impact the traffic, or neighbors or other?     

-        Tonight the question will not be decided.  Far from it.  The Selectboard would simply initiate a the long process of hearings and other actions to consider the question.  I attached the document that describes the process. This would be step 1 of at least 13 (see below)

VLCT WORKSHEET Procedure for Laying Out, Altering, Reclassifying or Discontinuing a Public Highway 19 VSA § 701 et. seq.  

Vermont League of Cities and Towns Municipal Assistance Center April 2014 Please note: this document reflects current state law as of the date of publication. It is meant to be used for informational purposes only concerning the statutorily-proscribed process for laying out, altering, reclassifying, or discontinuing a public highway

1.      Selectboard Initiates Process. 19 V.S.A. § 708 or  Petition by Voters or Landowners. 19 V.S.A. § 708  ↓

2.      Set time and date for site visit and give notice (post, publish, and mail) to interested persons. 19 V.S.A. § 709 ↓

3.      Site Visit and Public Hearing. 19 V.S.A. §§ 710, 712 Decisions to be made: whether "the public good, necessity and convenience of the inhabitants of the municipality" require the action; and whether any compensation is necessary ↓

4.      Written Report / Decision by Selectboard Includes: the action being taken (laying out, etc); written description of the highway (refer to the survey plat, if any); identification of affected land holders; manner of notification to interested parties; amount of compensation to be paid (if any); and deadline by which obstacles must be removed. ↓

5.      Survey and Mark boundaries of the right of way it is being laid out or altered. 19 V.S.A. § 710 ↓

6.      Notice to abutting landowners (including copy of survey and notice of rights of appeal and damages)  by certified mail at least 30 days before file survey with clerk. 19 VSA § 33(f) ↓

7.      Materials to Town Clerk for recording in Land Records -- within 60 days of hearing. 19 V.S.A. § 711 Original Petition (if any) Written Report / Decision; and Survey plat (if any) ↓

8.      end Notice of change to AOT.  19 V.S.A. § 305 ↓

9.      Potential appeal of action (or inaction) to Superior Court  ↓

10.   Pay compensation ("damages"). 19 VSA §§ 712, 725, 726. ↓

11.   (If laying out or altering and no appeal)  Road Work. 19 VSA §§ 714, 743  ↓

12.   (If discontinuing and no appeal) Designation as Trail (19 VSA § 775) or Total Discontinuance↓

13.   (If total discontinuance) No public right of access and no municipal obligation to maintain. Individuals continue to have a right of access to their property. 19 VSA 717(c) Title to land reverts to owners of adjoining land. 19 VSA §775