General Assembly Minutes 2.9.2012

Facilitator/Stack: Rob H.

Minutes: Heather E.

I began minutes late, coming in on a discussion of whether or not to plant the Indy’s gift of a sapling to Occupy for our honorable mention as their person of the year.

Summary of discussion about planting the tree on the 419 Greensboro/CVS lawn and maintaining it:

There was disagreement concerning responsible stewardship of the tree in coming years and its potential futures on the CVS lawn. There was a fear that the tree would be uprooted by developers or otherwise damaged by corporate behavior. It was asserted that this view presumes a future for CVS property that hasn’t materialized yet, and that we can continue to work against. It was also asserted that in a worst case scenario, the tree could be removed and relocated by OCHC. An agreement was not reached and a member indicated they would block if a formal proposal was made at this time. The issue was tabled for future GA consideration

A: Presented Chilton’s appeal to OCHC to assist a homeless friend of his encamped near Estes Park Apts. She asked him for help towing a small Uhaul to her camp, which would require breaching an access currently blocked by estes Park management as a property perimeter. There is a fence and padlocked gate. (the request has been posted on our FB page and also sent out to the listserv for consideration, including the history and legality of the access point).

M: Made the point that if OCHC or individuals within it are willing to support trespassing or illegal actions in some cases, then they should also consider this vis a vis similar choices concerning guerilla gardening or community gardening (or concerning various legal property rights in general).

D: Has a problem any legally questionable action at the request of Mayor Chilton, given his stance on recently evidenced property rights, in effect acting as the mayor’s extralegal tool when the situation suits him and he is unwilling to take the risks involved himself. He suggested such an action to be the domain of an affinity group if there were any interest among individuals. At any rate, if the action took place outside of OCHC auspices, then OCHC would still have the option to pronounce support of the action in service to the woman’s needs.

A: Not sure if it is technically illegal, hasn’t read through all the material on it, yet.

D: Even under squatter’s rights, such an action would ultimately have to be settled in a court of law

Discussion continues…

L: Do want to help the woman but clarifies that she does not wish for us to undertake a legal risk after being asked specifically by the mayor to do so, or risk legal retribution towards any of our members for such an act.

M: Knows people who live and work at Estes Park and will try to get their take on the access point and helping the woman move.

Summary: While there was general agreement that OCHC supports helping the woman move, it was decided that the method merited further discussion concerning method and legality, and it was tabled.

D: Update on the material being developed on the free speech and assembly ordinances to take to the Town Council at Monday’s Business Meeting. The draft of his work so far was sent to the listserv for consideration. Points out that today the Town attorney commented on Supreme Count precedents about similar ordinance situations, but that his statement only address Peace & Justice Plaza and government interest in relation to that space.

The town attorney thereby missed some of the main points of OCHC’s argument focuses on, namely, 1) the vaguely worded ordinance saying 15 people on a sidewalk etc. or if it looks like there may at some point be 15 people, whoever’s there may be dispersed. The draft introduces consideration of the ordinance as a constitutional issue and the language used. 2) section 5.b.f. about nonprofits gaining permits to assemble, and that the only two place mentioned on E Franklin available are P & J Plaza and the front of Bank of America. The draft also addresses the redefinition of the open and closing of parks as at the town manager’s discretion.

Would like to focus on problems with old ordinances still on the book as well as the several new ones and to see the argument forming that we don’t need a permit to assemble in these places rather than picking apart legalities step by step as they are written. Alex Koch’s brother and Gabe are researching origin of current ordinances and hope to be done by Monday.

David would like feedback on the draft’s content and if readers find some problem with the language as soon as possible.

The suggestion that the draft be crafted as a petition to submit at the beginning of the meeting rather than waiting to present material as the 12th item on the agenda was uptwinkled. It can be presented more in depth as the agenda item. Anyone who wishes to speak personally against these ordinances should come to the meeting and sign up to speak. Heather will invite James Farrar, HRC Board of Directors to speak to selective enforcement at the meeting, and Miriam will also suggest this to members of the NAACP.

M: Send a copy of this developing draft to Reverend Campbell of NAACP.

Point of info: it is unclear if the Council has a vote planned concerning these issues.

Discussion of posting 15 people outside the Town Hall during the meeting. M would like to see educational material distributed by those people, so that the point can be clearly made to people why it is significant.

David will make a flyer for that and Evan is bottom liner for the assembly.

A reminder that we should also consider other community issues that appear on town Council agendas. The schedule and agenda posting can by found on the Town Council website, follow the Council Calendar to find specific meetings.

There will be a Carrboro Commune action March 17th to start a community garden (a.k.a. guerilla garden) at 419 Greensboro and would welcome official OCHC support. Plant gathering and contributions have already begun. Definitely want a medicinal herb garden.

Support for community gardening seems general, but concerns were raised about the fence soon to go in around the lot. (Aside: when the fence goes up, there will be a call to action within the week for a Day of Art to decorate the fence.) ultimately, OCHCers can decide for themselves which actions they wish or do not wish to participate in, gardening and fence decorating related. Consider solidarity positions of Occupies across the country in relation to these types of actions. Also, support the idea of community gardening without endorsing property destruction.

D: An example is that an OCHCer can stay outside the fence and still plant morning glories and tomatoes to volunteer up the fence.

A short discussion about the difference between Mayor Chilton requesting us to breach property lines and Carrboro Commune’s invitation to participate in the guerilla gardening action. Fundamental difference as a result of Chilton’s government position and any conflicts of interest or power dynamics in relation to us was one reason. Another was that CC has not actually asked anyone to *do* anything. The individual actions have been left to individuals, wih a statement that indicated support from OCHC would be appreciated.

Proposal: OCHC endorses Carrboro Commune and any other group who wishes to participate in efforts to create a community garden on the space occupied by corporate owned CVS.

Consensus reached!

 

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