[B]URLINGTON – Fencing went up today to prepare for renovations at City Hall Park, as a group opposing the project is seeking to stop construction in court.
The plaintiffs of a lawsuit aiming to halt work filed for an injunction in February, but that was denied by the court. Now the group claims the city has an expired construction permit for the project.
James Leas, an activist and patent attorney in South Burlington, filed a renewed motion in Chittenden County superior court on behalf of a group of 36 citizens on Monday.
The court filing alleges the construction permit for the renovation expired on March 22, since the city did not begin work by that date. The motion also claims the cost-cutting changes made by city councilors in March require approval of a new permit by the Development Review Board. Those changes, which include different construction materials, were made after the review board approved the permit.
“To do a complete reconstruction of the park is not necessary, that’s our argument,” Leas said in an interview on Wednesday.
Cindi Wight, director of the Burlington Department of Parks, Recreation and Waterfront, referred questions regarding the permit and lawsuit to City Attorney Eileen Blackwood. Blackwood did not return a call seeking comment Wednesday afternoon.
Leas said his clients are now hoping for a hearing on the matter before work in the park begins.
“A lot of people are concerned about the trees in the park, because the trees are mature and valuable,” Leas said.
The approved construction bid, awarded to S.D. Ireland, is nearly $4.5 million. Additional costs include soil management, engineering costs, Parks Department work and design work. The project will be funded from multiple sources, including city bond proceeds, donations, development fees and the downtown TIF for stormwater repairs.
The park renovation has been a controversial issue. The resident group Keep the Park Green has worked actively to oppose the removal of fully grown trees and the increase in the amount of pavement in the park. The coalition collected more than 3,000 signatures on a petition asking the council to put an advisory question about the plan on the March Town Meeting Day ballot. But the council decided not to place the issue on the ballot in a 6-6 vote.
Donna Walters, a member of Keep the Park Green, said people had been calling her all morning about the fencing going up.
“We feel sick that they’re going to turn our sweet historic park into a corporate plaza,” she said.
The park was quiet late Wednesday morning as construction crews began to install fencing around the perimeter of the park. With approximately half of the fencing up, a few sat on the grass while others walked through.
Sarah Kulig, a Colchester resident, was passing through City Hall Park pushing her baby in a stroller. She said it was “confusing” to find the exit with much of the fencing already installed.
Kulig said she comes frequently to the park for the farmers market and looks forward to the improvements.
“I feel like there’s a lot of renovation needed in Burlington in general as it grows,” she said.
Everett Hazelton, a UVM student who lives downtown, was relaxing on the grass as crews set up fencing around the perimeter. He said he was caught off guard by the start of work Wednesday, but is excited to see the changes once completed.
“I feel like it’s such a central point of Burlington, it’s weird to see that they’re putting up a fence,” he said.
Wight said the park was closed today to prepare maintenance work beginning next week. This will include tree and bench removal and other work to prepare for construction.
Work is expected to be complete in fall 2020, but officials hope the park will be able to partially open to the community next summer.
“We had gone into the park yesterday to meet with the folks who are in the park quite a bit,” Wight said.
Staff from the Howard Center assisted with asking people in the park to leave while the fence is being erected and regular visitors left on their own without any issues, according to Wight. Police officers were present throughout the day to ensure passersby did not interfere with fence installation.
The parks department has hired a security company for the first night as the metal fencing is not completely fixed in newly poured concrete.
Wight said once the renovations are complete the park will have healthy trees and greenery, compared to the current “failing” vegetation in bad shape.
“It’s really just going to be this amazing, really welcoming site for everyone in the community to come into,” she said.