April Burbank

Free Press Staff Writer

Burlington city councilors postponed hot-button debates Monday on granting leniency to people convicted of marijuana-related crimes and allowing noncitizens to vote in local elections — indicating they weren't yet willing to put those issues on the ballot.

Three Burlington issues were proposed as potential ballot questions for voters in November, a symbolic show of support for issues that would require action from the state Legislature to become law.

Neither proposal, however, won sufficient support to move forward Monday.

Marijuana amnesty

Several Burlington residents commented on removing records of past marijuana-related crimes, but the issue did not make it to a vote on Monday night.

The proposal was sponsored by Progressive councilors, Vince Brennan and Rachel Siegel of Ward 3 and Selene Colburn of Ward 1, and supported by BTVGreen, the group that led a Burlington referendum on cannabis legalization in 2012.

The Burlington City Council considered putting the following question on the November ballot: "Shall the people of Burlington support unconditional amnesty for all Vermonters convicted of Hemp- and Cannabis-only offenses since the beginning of their prohibition?"

The City Council resolution on the issue stated that the prohibition of marijuana has "inflicted devastating and unnecessary costs on our nation and its people."

"This isn't about putting a law in place," Siegel said at Monday's meeting. "This is just about weighing public opinion."

Siegel said it was clear that the measure would fail in a vote — meaning it would not be able to be discussed again until a new council took office.

To preserve the chances of bringing the issue up again later, Siegel moved to table her own resolution indefinitely. She spoke with clear agitation and looked toward Mayor Miro Weinberger and the council's Democrats.

"With a heavy heart, but looking forward to a time when we, the Burlington leadership, are ready to do what's inevitable and what is right, then I withdraw the resolution," Siegel said.

No other councilor spoke on the issue Monday, but in an interview before the vote, City Councilor Norm Blais, D-Ward 6, said an amnesty referendum was not the proper route.

"There's no such thing as amnesty in Vermont law," Blais said. "It asks for something that doesn't exist."

Vermont does, however, have a mechanism for expungement and sealing of records, Blais said. If the state Legislature chooses to legalize marijuana, Blais said he hoped the state would use that mechanism to grant greater leniency for people convicted of marijuana-related crimes.

"Wiping people's records clean will allow countless numbers of ordinary people to reenter our society as unfettered, productive individuals," said Albert Petrarca of BTV Green on Sept. 8, "rather than being pointlessly banished to a life of chronic unemployment or underemployment, coupled with political and social marginalization."

In 2012, Burlington voters recommended marijuana legalization with 70 percent of votes.

Last year Vermont lifted criminal penalties for those caught with 1 ounce of marijuana or less, and this year Gov. Peter Shumlin's administration began to study the potential impacts of legalizing marijuana.

Voting discussion postponed

Brennan, Siegel and Colburn also sponsored a proposal for allowing noncitizens to vote on municipal and school issues — which was also postponed by the end of the night.

Their motion began with a history lesson: Noncitizens were allowed to vote in Vermont until 1828. Later, when voters had to be U.S. citizens to participate in statewide elections, noncitizens continued to vote in local elections.

The Progressives wanted to allow all people to vote in local elections once again, regardless of citizenship. Their proposal would put the following question on the ballot: "Shall the Vermont constitution be amended to give non-U.S. citizens the right to vote in Vermont municipal and school elections?"

The U.S. Census Bureau estimates that 1,650 Burlington residents are not U.S. citizens.

City councilors voted unanimously to postpone the discussion until Oct. 20, when City Attorney Eileen Blackwood is expected to contribute an analysis of legal issues.

Political divide on permit system

The City Council also voted narrowly to ask the mayor's administration to evaluate Burlington's "overly burdensome permit system," despite the mayor's concerns.

Beginning with a premise that "an overly burdensome permit system is one of the most significant barriers to building more housing in Burlington," the panel asked Mayor Weinberger to develop a plan for reforming the permit system "to make it more fair, more efficient, and more predictable, with a goal of eliminating duplication and combining offices into a 'one stop shop.'"

The resolution was sponsored by City Councilors David Hartnett, D-Ward 4, Jane Knodell, P-Ward 2, and Kurt Wright, R-Ward 4. It planned a public hearing on permit reform this year and asked for a status report by January.

"I cannot imagine why we would not support this," Wright said.

Weinberger offered some reasons not to support it — at least not yet.

The mayor asked the council to postpone action on the resolution because he said it needed more input from the administration, including discussions about the magnitude of resources that would be required to examine the permit system, and realistic dates for next steps.

"We had suggested that we take a little bit more time to get this right," Weinberger said. "I don't see what the rush is."

The mayor also said the resolution appeared to bash Burlington as being unfriendly to business.

The council considered postponing the issue, but that motion failed with only six votes.

The council ultimately approved the call for permit system reform by an 8-6 vote. Hartnett, one of the sponsors, was the only Democrat to vote in favor.

In other City Council business:

• The City Council took a first look at new rules on humanely raising and slaughtering livestock and poultry within city limits. As proposed, the ordinance would prohibit Queen City residents from raising cattle and pigs, among other regulations. The measure will go to the Ordinance Committee for further discussion.

• Burlington Electric Department received permission to replace the McNeil Generating Station superheater at a total cost of $371,730.

Contact April Burbank at 660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank