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Tuesday, March 14, 2017

Posted By on Tue, Mar 14, 2017 at 8:13 PM

Not So Fast: Opposition to Appeal Burlington Town Center Permit
Provided courtesy of PKSB Architects
Rendering of the Burlington Town Center from Pine St.
Just as soon as the Burlington Town Center received the go-ahead from the Development Review Board Monday night, the opposition group Coalition for a Livable City announced that it would appeal the decision.

Burlington Attorney John Franco, who represents 57 Burlington residents who oppose the project, said Tuesday that he will file a challenge to the zoning permit by mid-April.

Franco said this latest appeal is not merely a Hail Mary effort to halt the development. He ticked off a laundry list of complaints, including the setup of proposed parking lots and the impact of the project on local businesses.

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Monday, March 13, 2017

Posted By on Mon, Mar 13, 2017 at 7:08 PM

click to enlarge Burlington Town Center Project Gets the Green Light
Courtesy of PKSB Architects
Rendering of Burlington Town Center as seen from Cherry and St. Paul streets
 The proposal to rebuild the Burlington Town Center cleared its final major hurdle Monday when the city's Development Review Board granted approval to Don Sinex's multi-use project.

The board voted unanimously, with one recusal, to grant the zoning permit as Sinex's development team and onlookers lined the walls of a cramped meeting room in Burlington City Hall.

The DRB decision came after three lengthy public hearings and two deliberative hearings on the design minutia of the project, involving building materials, construction schedules, awnings and even the varieties of trees to be planted.

Sinex said the final product represents a series of revisions and improvements. "We've gone through a long, exhaustive, collaborative process," he told reporters after the meeting.

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Wednesday, March 8, 2017

Posted By on Wed, Mar 8, 2017 at 2:27 PM

click to enlarge Vermont Supreme Court Hears Ku Klux Klan Flier Case
Deputy Chittenden County State's Attorney Aimee Griffin argues before the Vermont Supreme Court.
A Ku Klux Klan member convicted of a crime after distributing his organization's recruitment fliers at the homes of two minority women in Burlington was exercising his free speech rights, his attorneys argued before the Vermont Supreme Court on Wednesday.

William D. Schenk pleaded no contest to two misdemeanor charges of disorderly conduct in April 2016, but his attorneys always insisted they would appeal a judge's decision not to throw out the charges on First Amendment grounds.

"It is not a crime to peacefully distribute a flier to join a group," Rebecca Turner, supervising attorney from the Appellate Division of the Defender General's Office, told justices. "The message is not indicating violence is imminent, or threatening to these individuals."

Deputy Chittenden County State's Attorney Aimee Griffin argued that even if the literal message of the fliers was recruitment, Schenk was obviously targeting the women for other purposes.

"This is not a case about suppressing a defendant's free speech rights. He specifically targeted two women of color at their homes," Griffin said. "This flier in context is much different than … leafleting. This is targeting."

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Posted By on Wed, Mar 8, 2017 at 12:08 AM

click to enlarge Knodell Wins Tight Race to Keep Burlington City Council Seat
Matthew Thorsen
Jane Knodell
Burlington City Council President Jane Knodell eked out an 81-vote victory on Tuesday over independent challenger Genese Grill en route to securing a ninth term on the council.

Knodell will retain her Central District seat after a hard fought campaign by Grill, an activist who made her mark during the debate last year surrounding the Burlington Town Center redevelopment.

The Progressive Knodell told two dozen well-wishers who celebrated at Butch + Babe's in the Old North End that she had her doubts about the race's outcome. "I think I've lost," she said she confided in fellow councilor Sara Giannoni in the final hours before polls closed.

In the end, though, her supporters came through, giving her the victory by a 6-point margin. For the celebration, Knodell donned a T-shirt emblazoned with a quote that referred to Sen. Elizabeth Warren (D-Mass.): "She was warned, she was given an explanation. Nevertheless, she persisted."

"It was a great team effort," Knodell said to cheers.

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Tuesday, March 7, 2017

Posted By on Tue, Mar 7, 2017 at 10:38 PM

click to enlarge Burlington School Board Incumbent Wins Lone Race
Courtesy
Mark Barlow
Residents of Burlington's New North End voted Tuesday to return incumbent Mark Barlow to the city school board.

Barlow won 64 percent of the vote, defeating challenger Helen Hossley by a margin of 1,314-732 for a seat representing the North District, which covers Wards 4 and 7.

Neither Hossley nor Barlow could immediately be reached for comment.

Voters also overwhelmingly approved public school spending. The $85.5 million budget for next school year passed 3,905 to 2,717. The increase means property taxes will rise an estimated 5.25 percent. Additionally, a $19 million school bond for repairs passed by an even larger margin: 5,047 to 1,552.

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Thursday, March 2, 2017

Posted By on Thu, Mar 2, 2017 at 3:42 PM

Two Burlington Council Members Pay a Colleague for Campaign Work
Matthew Thorsen
Jane Knodell
Burlington City Council President Jane Knodell recruited and paid a fellow councilor $2,000 to run her reelection campaign.

Knodell (P-Central District) made the one-time payment on January 30 to Cobble Knoll — an LLC registered with the state three weeks earlier by Councilor Adam Roof (I-Ward 8).

Both Knodell and Roof asserted that the relationship does not involve any conflict of interest. And Roof said he is also doing paid work for incumbent Joan Shannon (D-South District) and political newcomer Richard Deane, a Democrat who's running for a council seat in the East District.

Neither Shannon nor Deane reported payments to Roof in their campaign finance filings, though Roof said he has not yet billed them. Shannon said she would pay Roof $1,000 for his work. Deane did not immediately respond to requests for comment.

Middlebury-based ethics expert Mike Palmer said such business relationships involving councilors could raise questions of real or perceived impropriety — whether "the judgment and decisions of the government official [are] unaffected by any interests other than that of the city." Palmer is a lawyer and owner of the consulting and training business Ethics by Design.

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Tuesday, February 28, 2017

Posted By and on Tue, Feb 28, 2017 at 7:30 AM

click to enlarge Burlington Council Candidate’s Discrimination Charge Disputed
Oliver Parini
Abdullah Sall
Members of Vermont’s legal community are taking issue with a Burlington City Council candidate’s assertion that Chittenden County State’s Attorney Sarah George discriminated against him when she fired him late last month.

The candidate, Abdullah Sall, plans to file a lawsuit against George, who dismissed him shortly after she took office. Sall’s attorney, John Franco, said his client — a black Muslim immigrant from Liberia — “was subject to different treatment than other people in the office who did not share those qualities.”

“That’s just so absurd. Just absolutely absurd,” countered Stacy Graczyk, who served as a deputy state’s attorney from March 2013 until September 2016 and worked with both Sall and George. "If anything, I think all of those things are an asset. As you know, Vermont is ridiculously white. All those things were great to have in an office. You want diversity.”

Graczyk said Sall was not a good fit for the job, which is “sort of like the front line.” Her former colleagues gave Sall many chances, Graczyk said, but after a while, “it was becoming a concern."

Two other members of the Chittenden County legal community — who spoke on condition of anonymity — backed up Graczyk’s story, arguing that Sall’s job performance was lacking.

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Thursday, February 23, 2017

Posted By on Thu, Feb 23, 2017 at 2:29 PM

click to enlarge Prosecutors to Drop 16 Cases After Burlington Cop 'Lied' About Stop
Mark Davis
Burlington Police Chief Brandon del Pozo and Chittenden County State's Attorney Sarah George
Updated on February 24, 2017.

Prosecutors will drop 16 pending criminal cases investigated by a Burlington police officer who resigned Monday after allegedly lying during a drug investigation. Authorities on Thursday said they are still considering whether to charge Christopher Lopez with perjury.

Chittenden County State's Attorney Sarah George told reporters that Lopez — who allegedly made up a justification to search a vehicle in October — could no longer be a reliable witness.

"He lied," George said during a Thursday afternoon press conference in City Hall Park.

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Wednesday, February 22, 2017

Posted By on Wed, Feb 22, 2017 at 4:57 PM

click to enlarge Burlington Cop Resigns After Perjury Allegation in Drug Case
Oliver parini
A Burlington police officer who allegedly committed perjury during a drug investigation has resigned, the Burlington Police Department announced Wednesday.

In a letter to the Burlington Police Department, Chittenden County State's Attorney Sarah George said that patrol officer Christopher Lopez had made "patently false" statements in a sworn affidavit in October and would no longer be used as a witness by local prosecutors.

Officials said that Lopez falsely claimed that he smelled marijuana to justify a vehicle search that led to an arrest. The damning evidence came from the officer's own body camera audio, on which he can allegedly be heard conceding to another officer that he had made up the story.

Lopez, who joined the Burlington Police Department in September 2014, was placed on paid leave earlier this month. He resigned on Monday in advance of a disciplinary hearing on Tuesday, police said. Burlington Police Chief Brandon del Pozo said he planned to fire Lopez at that hearing.

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Tuesday, February 21, 2017

Posted By on Tue, Feb 21, 2017 at 12:19 PM

click to enlarge Burlington Council Candidate to Sue State’s Attorney for Discrimination
Oliver Parini
Abdullah Sall
Updated at 6:01 p.m.

Abdullah Sall, a former legal assistant in the Chittenden County State’s Attorney’s Office, plans to file an employment discrimination lawsuit against his former boss, newly appointed State’s Attorney Sarah George, his lawyer told Seven Days on Tuesday. The lawyer, John Franco, alleged that Sall faced “disparate treatment” in the office because he is a Muslim immigrant from Liberia.

In an interview with Seven Days earlier this month, George confirmed that she had let Sall go, but she declined to elaborate on her reasoning. Reached again Tuesday, she said she “cannot comment on specifics” of what she called “a personnel matter.”

“I would say that any time an employer has to make a decision, it’s guided by performance, the needs of the office and the law,” she said. “And I followed those principles when making my decision.”

Sall is currently running for the South District seat on the Burlington City Council. The independent is facing off against longtime incumbent Democratic Councilor Joan Shannon and Progressive challenger Charles Simpson.

In an interview Tuesday, Sall alleged that his firing may have been motivated by a desire to “undermine [his] campaign.” He did not offer evidence supporting that assertion.

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