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HomeMy WebLinkAboutMinutes - City Council - 01/25/2012SPECIAL CITY COUNCIL 25 JANUARY 2012 The South Burlington City Council held a special meeting on Wednesday, 25 January 2012, at 8:15 p.m., in the Library, Frederick Tuttle Middle School, Dorset St. Councilors Present: M. Emery, Acting Chair; J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; A. Clift, D. Fleming, M. Young, T. Barritt, J. Dinklage, M. Townsend, J. Lee, R. Hubbard, D. Cummings, J. Smith, S. Silverman, S. Smith, B. Etherton, J. Kearns 1. Discuss Charter Change Request: Mr. Miller noted that the City Charter Committee has not make a recommendation as yet. Mr. Fleming said the Committee is on track for a recommendation for the Council meeting on 6 February. Mr. Miller added there is a public hearing on the 30th of January at 7 p.m. and another on 6 February. The proposed amendment relates to the position of the City Clerk and the hiring and firing of assistant clerks and access to the city records in the Clerk’s office. 2. Discuss Petition Request being Circulated by Citizens: Mr. Miller advised there are petitions being circulated and turned into the city regarding a proposed resolution to be placed on the 6 March city ballot. The resolution would propose an amendment to the U.S. Constitution stating in part that “…money is not speech, and that corporations are not persons under the U. S. Constitution…” Mr. Miller noted that to date 738 valid signatures have been received, more than enough needed. But it is a discretionary item for the City Council to put an advisory item on a ballot. There is a question as to whether this would set a precedent for future such requests, and a potential cost if there were a lot of these items. There is no legal precedent, but Mr. Miller said the Council should strive to be consistent. Mr. Engels then moved to place the proposed resolution on the ballot. Ms. Greco seconded. Mr. Cummings spoke in favor of the resolution saying that the “common man speaks through his vote. Now it is money that speaks.” He added that people want to regain their fundamental right to have their voice heard. Mr. Hubbard said that this effort started 3 weeks ago, and 43 people have come forward to gather signatures. He said that South Burlington voters want to be heard on this issue, and almost everyone was eager to sign the petition. Mr. Hubbard said this reflects the national frustration with the undermining of the right to have public views reflected in what is coming from Washington. Ms. Clift noted that she previously had presented a petition to the Council with well over the required number of signatures, and the Council had determined that they were “a political organization.” She asked the Council if it would now “cherry pick” what they will and won’t put on the ballot. She added that she was OK with the Council’s previous decision as she knew where the Council stood, but now that doesn’t seem to be the case. Mr. Lee said that though this only a poll it is a vote and an opportunity for people, not only money, to talk. He added that most towns allow these types of polls on their ballots. He also noted that he would probably vote against the resolution because he believes the Constitution already gives Congress the power to do that, but he still felt it should be on the ballot. Mr. Fleming asked if this has to be decided tonight. Mr. Miller said the idea is to approve the warning for the 6 March vote so it can go to the printer. Mr. Fleming felt the Council hasn’t had enough time to think about this and should take time to consider it. Ms. Clift agreed and felt the Council has changed so radically recently that they should give the public an idea of where they are going. Ms. Smith noted that people thanked her for asking them to sign the petition. Mr. Silverman said this will work its way up to the Senate and House, and he would like to be proud that South Burlington was part of the process. He felt it was very important for democracy. Ms. Townsend said the petition is not a surprise. Other towns have the chance to sit and talk with each other on Town Meeting Day, but South Burlington doesn’t get that chance. If an issue isn’t on the ballot, citizens won’t get to voice their opinions. Ms. Townsend also noted that the City of Burlington City Council put it on the ballot without being asked. She added that when this comes up in State and Federal Congresses, there will be a chance to say people have spoken clearly in ways that can be documented. Mr. Engels said he didn’t feel approving this would set a precedent. The Council would always have the option to do or not to do it again. He also felt this has been the “underpinning of American capitalism from the very beginning.” Mr. Knapp offered an alternative to a ballot item that he would support: presentation of a resolution at the public meeting the night before the vote with a voice vote, the results of which would be sent to the Legislature along with the signed petitions. He did not feel this was appropriate for an Australian ballot item. Mr. Greco felt it was good to provide citizens an opportunity to have a voice, which is the vote. Just because something happened in the past doesn’t mean it shouldn’t happen now. Mr. Knapp said part of his concern is predictability. He applauded the petition effort but questioned how he would address a question of whether he should get 1000 signatures for something he felt strongly about but the City Council might not want. He questioned whether the voices of others would be stifled because the Council said no to their petition. Mr. Etherton said maybe this is where the buck stops. He said it is obvious in the primaries how much money is being spent for one candidate or another. Mr. Hubbard said to date 26 towns have either decided to put it on the ballot or have had signatures collected to put it on the ballot. Towns are split. Essex said no. Burlington said yes. He felt this issue was as important as women getting the right to vote. Ms. Emery questioned whether they should vote without a full Council present. Mr. Miller said it could be put on the 30 January agenda. Ms. Greco felt they should wait for the full Council. Mr. Engels called the question. Ms. Emery said she was hesitant to vote because it will affect a Council she will not be part of. But she ran because she felt there needed to be more public involvement. She agreed with the concept of fairness and felt such polls should be allowed no matter what the question is. In the vote that followed, the motion passed 3-1 with Mr. Knapp voting against. Mr. Hubbard said he hoped the Council had set a precedent. He also said it would be helpful to have a forum to discuss the options for moving this forward and asked for the Council’s help in this. Mr. Miller said citizens can always use city facilities without charge. 3. Consider Approval of Draft Warning for 6 March 2012 Annual Meeting: Mr. Miller said the ballot will include: 1. City officers, required by law 2. City and School budgets 3. The resolution just voted upon. Mr. Miller then read the warnings for the first 2 of these items. Mr. Knapp moved to approve the warning as read. Mr. Engels seconded. Motion passed unanimously. 4. Executive Session: Mr. Knapp moved that the Council meet in executive session to discuss personnel and contract negotiations and to resume regular session only for the purpose of adjournment. Mr. Engels seconded. Motion passed unanimously. 5. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.