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East State Street Right-of-way

At a glance

The Council has been addressing a disputed right-of-way on East State Street. At the October 14 meeting, council held an executive session and directed staff to develop a settlement framework.

Details

  • Multiple residents have raised concerns about the disputed right-of-way.

  • Stephen Whitaker has documented concerns about survey implications and potential liability.

  • Council conducted executive sessions involving attorneys regarding legal strategy and potential litigation.

  • October 14: Chris Owen and Dave Bellini spoke in public comment on the right-of-way. Councilor Cary Brown moved (seconded by Councilor Sal Alfano, unanimous) a specific finding that premature public knowledge of legal guidance on the reconstruction project and survey would put the city at a substantial disadvantage, then moved to enter executive session under 1 V.S.A. 313(1)(E) and (F) on pending or probable litigation and attorney-client advice, inviting attorneys Brian Monaghan and Kristin Shamis (Monaghan Safar), the City Manager and Kurt Motyka (unanimous). The Council left executive session at 9:34 PM (moved by Councilor Ben Doyle, seconded by Councilor Paul Costello). Councilor Alfano then moved, Councilor Doyle seconded, and it carried unanimously, to direct the City Manager and DPW director to develop a framework that could be used to reach a successful settlement resolving the East State Street right-of-way issues.

  • 2026-06-24: Mr. Whitaker's public comment covered East State Street notices and the survey (2026-06-24 - City Council).

  • 2026-07-06: after Mr. Whitaker spoke on concerns about the meeting and executive session process, Councilor Ben Doyle moved the required finding that premature public knowledge would place the city at a substantial disadvantage (seconded by Councilor Cary Brown, unanimous). Councilor Sal Alfano then moved to enter executive session on the East State Street right-of-way survey and probable litigation, among other topics (see Homelessness Response). The Mayor's friendly amendment, accepted before a second by Councilor Brown, invited Brian Monahan, Kristen Shamis, Mike Tarrant, Kelly McNicholas Cury and Kurt Motyka for this item. Carried unanimously as amended. Councilor Jim Sheridan moved to exit at 8:19 PM, seconded by Councilor Adrienne Gil, unanimous. No action followed (2026-07-06 - City Council).

Sources

Log

2026-10-14 - City Council

  • Executive session with attorneys; unanimous direction to develop a settlement framework.

2026-07-06 - City Council

  • Executive session (1 VSA 313(a)(1)(E) and (F)) on the right-of-way survey and probable litigation; attorneys and staff invited; no public action.

2026-06-24 - City Council

  • Stephen Whitaker raised East State Street notices and the survey in public comment.

Earlier

  • 2026-10-14 - City Council — Council approved settlement framework development.

  • 2026-05-27 - City Council — Chris Owen addressed the Council on the disputed right-of-way, and the City Manager gave an East State Street Project update in her report.

  • 2026-10-28 - City Council - Agenda lists the East State Street right-of-way discussion with a proposed executive session, and the packet shows a Final Design Amendment with VHB requiring $42,744. Outcome not found (minutes not posted).

2026-11-16 - Complete Streets Committee

  • Draft agenda lists East State Street negotiations.