Can You Hear Me Now?

Amherst Select Board meeting via remote viewing

The epic 5-4 vote of the Charter Commission on Monday night in favor of a Mayor/Council to replace antiquated Select Board/Town Meeting was kind of like the Battle of Midway, a major turning point.

But it would have been far less dramatic if it had been a 4-4 tie.

Which is why the Charter Commission asked our illustrious Select Board back in mid-June to allow them the common sense ability to do "remote participation" via Skype, Facetime, or even old fashioned conference call.

A member can participate and vote on something but they do not count towards a quorum.  Thus a 9 member body could not have 5 members participate via remote participation.

The state allowed it back in 2012 and the Regional School Committee started using it years ago.

The diffident Select Board is overly concerned because it's not just something they can grant to a particular committee, otherwise they probably would have instantly granted to the Charter Commission, but it's simply an all-or-nothing declaration.

And apparently they don't overly trust some of our many committees to figure out 21st century technology even though the average 8-tear-old has no problem doing it.

Town Manager Paul Bockelman, no stranger to using social media, will bring back a proposal for  their January 9 meeting.

Thus it should be in place for some of the epic Charter Commission island hopping engagements coming up soon where members have already stated they will not be physically able to attend.

A Fateful Decision?

Charter Commission last night (Julie Rueschemeyer not yet arrived)

 Town Meeting last moth:  four sessions, 3 hours each; Nine sessions last Spring

The Amherst Charter Commission, after nine l-o-n-g months of public meetings, made their first real decision concerning a core requirement for any form of government that's legal in Massachusetts and fortunatley it was the right one:  replace Town Meeting with a smaller more efficient and professional Council.



The first hour or so of the meeting saw each member give a brief presentation of where they are at and it was quite clear that five favored replacing Town Meeting and three did not.  But Julia Rueschemeyer was missing at the time due to car problems.

Nick Grabbe however hit the nail on the head during follow up when he said it's better to go with the right Charter even if it is only endorsed by a 6-3 vote than to compromise too much to get it to a 7-2 or 9-0 vote of the Commission.

Bingo!

Ironically the nine-member Charter Commission is pretty much acting like a nine-member City Council:  put them in a room to deliberate over a given problem and let them come up with a solution.

So even a 5-4 vote passes, and somewhere down the road if voters give it that same 55% approval it pretty much proves the Council/Commission "represents/matches the will of the voters."

Fifteen years ago in the early stage of deliberation the Charter Commission took their fateful vote and decided to ditch Town Meeting by a 7-2 margin.  And six months later when the Charter was completed it was the exact same 7-2 vote to send it to the voters.

In fact the two Town Meeting loyalists back then became almost obstructionists after that initial kill-Town-Meeting vote and started to work against the Charter well before it was complete.

Of course the other fateful decision they made by a much narrower 5-4 vote was to keep a Town Manager and give him more authority than a Mayor who would be pretty much a ceremonial figurehead.

Let's hope this Charter Commission has learned from (recent) history.

The Price of Protest

Pipeline protest prevented bank entry for 6 hours (although drive up was open)

Throughout the occupation no less than a dozen supporters were always on scene

The four arrested do-gooders who chained themselves to the main entry and exit doors of TD Bank on Triangle Street blocking access for six hours all pleaded not guilty and brokered a deal with ADA Bob Opsitnik to reimburse the town $800 for all the public safety personnel they needlessly tied up.

Now $200 each may not sound like much, but the usual court cost imposed is $50 and I've seen a few set at $100 but the only time in memory it went that high was for the infamous case of the Blarney Blowout when most of the perps reimbursed the town $200, wrote a letter of apology to APD and did 40 hours of community service.

Since these protesters were apologetic to APD the entire time of the incident, no need for a letter of apology and their idea of "community service" would probably be standing in town center with their anti-pipeline signs.

Since the four were egged on and supported throughout the occupation by about 20 other like-minded individuals if they split up the total cost it only comes to $35 or $40 each.

But I can assure you if this happens again the next four perps will not get off so (relatively) easily.  

Alyssa Johnson-Kurts

Harrison Greene

  Paxton Reed

  Marc Oston

Killer coverage via the Amherst Wire

(Although I wish they interviewed the young woman who quit to find out why)

Charter Fork In The Road

The Amherst Charter Commission has scheduled a marathon four hour meeting Monday night in an attempt to close out the year with a major milestone setting a direct course for a noteworthy final destination:  a new and improved local government.

And all roads lead through the question whether Town Meeting should continue beyond the 257 year mark?

At the consultants urging -- with time starting to run out -- the Commission will probably come to a straw vote on whether to keep Town Meeting in some form as the legislative branch.

A majority of members have telegraphed enough discontent with Town Meeting to indicate a yes vote for a replacement Council form of legislative branch, but a 5-4 vote will not be overly reassuring to the voters who have to approve the new Charter by majority vote.

But even Gerry Weiss,  stalwart defender of Town Meeting seems agreeable to at least downsizing the body from the current 240+ members and he also liked the idea of replacing the five member Select Board with a Mayor, but was told by the consultants the Attorney General would not accept such a hybrid.

Back in 1996 a Charter that failed miserably downsized Town Meeting to 150 members, kept a Town Manager but added a separate Council and a weak Mayor (elected only to lead the Council).

Something for everyone to hate.

The most contentious issue that will create the most enthusiasm for both enacting and/or defeating the new Charter proposal is this  issue about keeping or killing Town Meeting.

The Charter Commission, after nine months of meetings, public hearings and general outreach needs to bite the bullet and make this epic call. Now!

Hint:  Any new Charter that maintains antiquated Town Meeting -- in any form -- is doomed to failure. 

Don't Do The Crime

Soknang Chham arraigned before Judge Ross for murder

Eastern Hampshire District Court this afternoon hosted more police officers than I have ever seen including representatives from Belchertown, Amherst, State and a few extra bailiffs for good measure.

 State and local PD stood in the Courtroom

And midway through the arraignment of Soknang Chham for the shooting death of Jose "Joselito" Rodriguez after an outburst from a couple spectators you understand what the extra security was all about.

Crowd of friends and family 

The entire proceedings took perhaps 45 minutes but the actual time in the Court Room for Judge Ross was probably no more than 10 minutes, although he quickly left the room briefly after the outburst and then returned for the second arraignment.

 Click to enlarge/read

 Soksot Chham arraigned for accessory after the fact to murder

The court room was packed with about three dozen friends and family of the deceased.  The actual murder trial will probably take place in Northampton Superior Court since Eastern Hampshire District Court does not deal with full blown murder trials.

Unintended Consequences

Up to a dozen pot plants can be grown indoors as of today

The legalization of recreational pot as of today in formerly puritanical Massachusetts is indeed a much overdue milestone, but I will not be lighting up to celebrate.

My two major concerns are both related to public safety.  Since there is no accurate equivalent of a breath test machine that now makes drunk driving prosecution almost a slam dunk I worry police and the courts will have a hard time proving charges beyond the shadow of a doubt.

In fact the courts will have a hard time keeping up with prosecutions since most cases where a breath test was taken (otherwise the driver automatically loses their license for six months) and failed usually end up in a 24D plea deal which eases congestion on the system

But without a reliable scientifically proven test for pot intoxication those arrested will have a higher incentive to take their case all the way to jury trial and the courts are pretty overburdened as it is.

My other concern plays into a reoccurring nightmare of a late night major structure fire in a less than well maintained converted single family home with a few too many tenants, some of whom decided to grow marijuana in a dark closet or the basement.

In fact the most recent major fire in Amherst was due to an electrical overload (although not due to marijuana cultivation).  And marijuana plants require high intensity lamps to cultivate which more easily overload regular household circuits -- even those that are up to code.

When fire comes calling you better have your wits about you, otherwise you don't get out alive. 


UMass is already taking precautions (email to staff & students):

"Dear Students,
"Although Massachusetts voters recently approved a ballot measure permitting the possession and recreational use of marijuana, federal laws, including the Drug Free Schools and Communities Act and the Drug Free Workplace Act, require recipients of federal funds to prohibit the use, possession and/or cultivation of marijuana at educational institutions, regardless of state law."

"The use, possession, or cultivation of marijuana is therefore not allowed in any university housing or on any other university property. University staff will continue to enforce current policies regarding controlled substances, and any student who violates university policy prohibiting the use or possession of illegal drugs on campus may be subject to disciplinary action."

When Products Compete

Amherst Media also needs to find a new office building

For the first time in 40 years Amherst Media will have to formally bid for the right to provide community access television programming as well as covering the all important Amherst governmental meetings.

Town Manager Paul Bockelman informed the Select Board of new state regulations requiring a Request For Proposal be issued for the rights to do all things Amherst Media and other local cable access entities do.

The three year contract could be worth up to $300,000 per year in revenues from the recent deal struck with Comcast (5% of their TV revenues) as well as a piece of the $1.125 million in one time capital money Comcast agreed to pay in the most recently signed ten year renewal.

In the past the town simply "passed through" all of the money Comcast paid the town and the capital expenditures were done through the town so virtually all the equipment now used by Amherst Media is town owned.

Select Board Chair Alisa Brewer recused herself from any upcoming discussions regarding the RFP since her husband is currently (unpaid) President of the Amherst Media Board of Directors.

Steven Brewer testifies before Select Board on cable matters

SB member Connie Kruger liked the idea of the RFP because she thought it would give the town more say in how Amherst Media spends money. 

The Town Manager also pointed out that the town itself could set up a system to broadcast all the public governmental meetings but Federal Law requires an independent entity oversee the (sometimes) offbeat original programming. 

Either way, the process will not be the quick slam dunk it has been over the past 40 years and will probably not be completed until Spring.