Descrizione
Please repair the paved path between Callahan Park and the Birchcliff Parkway neighborhood. The pavement is in terrible condition. Pedestrians (many of them children!) are tripping and falling. We need a pedestrian- and bike-friendly path between the Five Sisters neighborhood and Champlain Elementary School. Thank you.
ha chiesto inoltre...
D. Problem with sidewalks:
R. Cracked/broken/ heaved surface
R. Cracked/broken/ heaved surface
24 Commentos
IT Department (Ufficialità verificata)
Riconosciuto Bill Ward Director of Permitting and Inspections (Ufficialità verificata)
Please let the Parks Department know if you are referring to the paved area between the street and the park.
We will assign this to the Parks Department pending that confirmation of the path location.
Bill Ward Director of Permitting and Inspections (Ufficialità verificata)
Un utente anonimo SeeClickFix (Utente registrato)
Burlington Parks (Ufficialità verificata)
BTVparks (Utente registrato)
BTVparks (Utente registrato)
OldVtr (Utente registrato)
BTVparks (Utente registrato)
This means that the access is private property, and the City has no legal authority to improve the path. If the members of the Association want the City to be involved with the path, they will need to hold a meeting and authorize one or more individuals to approach the City with a proposal on their behalf.
I hope this is helpful.
Eileen M. Blackwood
City Attorney & Corporation Counsel
MikTheFish (Utente registrato)
Thanks for looking into this.
1. The deed attachment didn't come through on the SeeClickFix post, any way we can access it via the Interwebs?
2. As a homeowner in the Birchcliff neighborhood, I'm not aware of a "Birchcliff Dwellers Association". If that is a legal entity that is no longer active, does that change the legal opinion?
Mike Fisher, 28 Cherry Ln
BTVparks (Utente registrato)
Mike, had to convert the .pdf to a .jpg but here's the document our attorney found.
Also here's the latest update from the City Attorney:
I am looking further into what the City knows about the Association—for example, the access path doesn’t show as a separate parcel on the tax maps, so I’m trying to track down its status.
I suspect that the Association is a homeowner’s association that should have been established by the developer at the time your lots were originally created, but either wasn’t created or stopped functioning at some point long ago. Unfortunately, in that case, you are going to have to check with a private attorney to figure out who has standing and can act for the Association and who assumes liability for an accident on the path. I don’t think I’m going to be able to answer those questions for you.
But I am trying to track down any information the City has—and will try to get that to you as soon as I can.
Eileen M. Blackwood
City Attorney & Corporation Counsel
Vermont616 (Utente registrato)
Un utente anonimo SeeClickFix (Utente registrato)
Courtney W (Utente registrato)
Un utente anonimo SeeClickFix (Utente registrato)
Cindi Wight (Ufficialità verificata)
Un utente anonimo SeeClickFix (Utente registrato)
BurlingtonVTRegisteredReporter (Utente registrato)
glad to hear that this is on the radar!! Please make sure the Birchcliff FPF is notified of meetings regarding the park. I heard of one posted to Five Sisters only after the fact.
Has anything been determined regarding standing for the non existent Birchcliff Dwellers Association?
Un utente anonimo SeeClickFix (Utente registrato)
No one technically owns the parcel, and the dimensions of the parcel are too narrow to meet current City enforcement code for a pedestrian path.
BTV South End (https://www.burlingtonvt.gov/planBTV/SE) is not fair or sustainable, in the way that it encourages walking through private property.
Our neighborhood would need to organize and hire an attorney to establish ownership of the path parcel. After that, the City might be interested in purchasing it if they could also acquire some adjacent land, which is unlikely.
I would invite Cindi Wight, Director of Burlington Parks, Recreation & Waterfront, to comment, please.
Un utente anonimo SeeClickFix (Utente registrato)
That Guy (Utente registrato)
C (Utente registrato)
Cindi Wight (Ufficialità verificata)
The City's position has not changed from the comments by City Attorney Blackwood on 3/23/17.
The Calahan Master Plan was delayed and we are looking to start the project this year.
PBS (Utente registrato)
Found this on the web. Seems like a pretty straight forward issue of abandonment:
"Escheat is a legal term relating to the reversion of real property to the state where no individuals or entities exist that are entitled to inherit the property of a decedent. Put simply, the state takes the property if no one else has a right to it under the intestate laws. It is a common law doctrine that operates to ensure that property is not left abandoned and owner-less."