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HomeMy WebLinkAbout2012-05-03 Annual Town Meeting MinutesANNUAL TOWN MEETING Reading Memorial High School May 3, 2012 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:39 PM, there being a quorum present. The meeting began with the Pledge of Allegiance to the Flag. ARTICLE 22 Presented in two motions Motion A Ben Tafoya, Board of Selectmen moved that the Town vote to authorize the Board of Selectmen to petition the Great and General Court for a Special Act which will amend sections of Article 2 of the Reading Home Rule Charter as follows (note — Gross through represents language to be eliminated and bold represents new language): John Arena, Board of Selectmen moved to Dispense of the Reading Motion to Dispense Carried Amend the first paragraph of Section 2 -1 Composition to read as follows: The legislative body of the Town shall be a representative Town Meeting consisting of one hundred X82) forty four (144) members from eight (8) precincts who shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. Each precinct shall be equally represented in Town Meetings by members so elected that the term of office of one -third of the members shall expire each year. Any increase or reduction in the number of members of Town Meeting shall be phased in equally over a three year period Amend the first three paragraphs of Section 2 -3* Town Meeting Membership to read as follows: The registered voters in every precinct shall elect Town Meeting Members in accordance with all applicable election laws. Whenever any precincts are revised, the registered voters shall elect twenty-four (24) eighteen (18) Town Meeting Members to represent the precinct. Terms of office shall be determined by the number of votes received. The eight(8) six (6) candidates receiving the highest number of votes shall serve for three (3) years, the eight -(8) six (6) receiving the next highest number of votes shall serve for two (2) years, and the next eight -(8) six (6) candidates receiving the next highest number of votes shall serve for one (1) year from the day of election. In the event of a tie, ballot position shall determine the order of finish. At each Annual Election thereafter, the registered voters in each precinct shall elect aght (8) six (6) Town Meeting Members to represent the precinct, and shall also elect Town Meeting Members to fill any vacant terms. After the revision of precincts, the term of office of all Town Meeting Members from the revised precincts shall cease upon the election of their successors. After each election of Town Meeting Members, the Town Clerk shall notify each Town Meeting Member of his election by mail. and, further, that the Town authorize the Board of Selectmen to allow the General Court to make substantive changes to the legislation, if necessary, without the need for another Town Meeting vote, in order to accomplish the purposes of the vote under this Article. Motion B James Bonazoli, Board of Selectmen moved that the Town vote to authorize the Board of Selectmen to petition the Great and General Court for a Special Act which will amend sections of Article 2 of the Reading Home Rule Charter as follows (note — Gress through represents language to be eliminated and bold represents new language): Ben Tofoya, Board of Selectmen moved to Dispense of the Reading Motion to Dispense Carried Amend the last paragraph of Section 2 -3: Town Meeting Membership to read as follows: To be qualified for election on a write -in vote for a vacant Town Meeting position, the write -in candidate must receive at least ten (10) write -in votes. In the event of a tie write -in vote for a vacant Town Meeting position, the position shall be filled by a vote of the remaining Town Meeting Members of the precinct, from the write -in candidates whose write -in votes were tied with at least ten (10) write -in votes. The Town Clerk shall give notice of the tie vote to the remaining Town Meeting Members of the precinct. The Town Clerk shall set a time and place for a precinct meeting for the purpose of filling the vacancy. The Town Clerk shall give notice of the meeting to precinct Town Meeting Members at least seven (7) days in advance and shall publish legal notice in a newspaper of general circulation in the community. A vacant position filled in this manner shall be filled for the entire remainder of the term, and, further, that the Town authorize the Board of Selectmen to allow the General Court to make substantive changes to the legislation, if necessary, without the need for another Town Meeting vote, in order to accomplish the purposes of the vote under this Article. Or take any other action with respect thereto Background: Article 22, if approved by Town Meeting, the State legislature, and the voters of the Town, would make two changes to the Reading Home Rule Charter: • The number of members of Town Meeting would be reduced from the current 192 members (24 per precinct times 8 precincts) to 144 members (18 per precinct times 8 precincts); and • To be elected by a write -in vote, a Town Meeting member would need to receive not less than 10 votes. Due to re- precincting as a result of the 2010 Federal census, all Town Meeting members were required to run for re- election in March 2012. Candidates took out nomination papers for only 70% of the available seats on Town Meeting. This means that 30% of the Town Meeting seats were filled by either write -in votes, or votes of the remainder of the members of the respective precincts. In the election that took place on March 6, 2012, 43 members were elected with fewer than 10 write in votes, or over 22% of the seats. Only 8 Town Meeting members were elected with more than 10 write in votes. Looking at the past 5 years (not including 2012) as a sample, there was no time when there were as many people running for Town Meeting seats as there were available seats. The 5 year average was 82 %, and the range was from a low of 66% in 2008, to a high of 92% in 2007. Additionally, an average of 19% of the Town Meeting seats over the 5 year period was filled by 10 or fewer write -in votes. The number 10 is significant because it takes 10 signatures on a nomination paper to get on the ballot for a Town Meeting seat. 5 year average 5 Year %filled Average by Method of Election of 2007 to method Town Meeting members 2012 2011 2010 2009 2008 2007 2011 noted Number of Seats available on Election Day 192 68 70 65 71 65 67.8 Number of Names on Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Ballot 134 52 63 56 47 60 55.6 86.88% Write -In Elected with 10 or less Votes 0 13 11 6 23 8 12.2 19.06% Write -In Elected with 11 or more Votes 0 1 1 1 3 0 1.2 1.88% Number Appointed by Precinct 0 3 4 8 4 0 3.8 5.94% TMM vacancies and of year 0 8 3 1 3 0 3 TMM removed due to attendance 0 5 1 4 10 1 3 1 4.6 1 % of seats with candidates on the ballot 69.8% 76.5 1 90% 86.2% 66.2% 1 92.3% 82% It is clear then, that not even counting for competition for Town Meeting seats, there are not enough residents of the community interested in being Town Meeting members to sustain a Town Meeting of 192 members. When the Board of Selectmen discussed this potential Charter Amendment to reduce the size of Town Meeting because of a lack of candidates on the ballot over the past 5 years, the Board asked what the experience was in 2002, the last time that all 24 positions per precinct were on the ballot, due to "re- precincting". The following table shows the number of candidates that had taken out papers in 2002, per precinct, and in every precinct there were at least enough candidates running for Town Meeting seats to fill all positions from the printed ballot, and in half the precincts there were contested races. This clearly shows a change since 10 years ago in interest in running for Town Meeting. Over the history of the Representative Town Meeting in Reading (adopted in 1943), adjustments in the number of Town Meeting positions have been made from time to time. The process of making these Charter changes would be: • Approval at Town Meeting — April 2012 • Filing of a "Special Act" with the State Legislature (our State Reps and Senator have agreed to sponsor this and have in fact prepared draft legislation) — May 2012 • Passage of the Special Act, signed by the Governor— Summer /Fall 2012 • Approval of the Charter amendment by Reading's voters — November 2012 or April 2013 Finance Committee Report: No report. Bylaw Committee Report: - given by Philip Pacino: The Bylaw Committee is concerned that Town Meeting membership as presently structured is too large for the current societal and cultural influences of today's busy lifestyles. This results in not enough candidates running for available seat. The Committee is further concerned that Town Meeting members could be elected by as little as 1 vote. The Committee sees this as a potential disconnect between the member elected and the voters he or she is to represent. The Bylaw Committee recommends this Article by a vote of 4 -0 -0. Presentation given by: • Peter Hechenbleikner — See Attached Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct 1 2 3 4 5 6 7 8 Number of Candidates 29 24 24 25 24 29 29 24 Over the history of the Representative Town Meeting in Reading (adopted in 1943), adjustments in the number of Town Meeting positions have been made from time to time. The process of making these Charter changes would be: • Approval at Town Meeting — April 2012 • Filing of a "Special Act" with the State Legislature (our State Reps and Senator have agreed to sponsor this and have in fact prepared draft legislation) — May 2012 • Passage of the Special Act, signed by the Governor— Summer /Fall 2012 • Approval of the Charter amendment by Reading's voters — November 2012 or April 2013 Finance Committee Report: No report. Bylaw Committee Report: - given by Philip Pacino: The Bylaw Committee is concerned that Town Meeting membership as presently structured is too large for the current societal and cultural influences of today's busy lifestyles. This results in not enough candidates running for available seat. The Committee is further concerned that Town Meeting members could be elected by as little as 1 vote. The Committee sees this as a potential disconnect between the member elected and the voters he or she is to represent. The Bylaw Committee recommends this Article by a vote of 4 -0 -0. Presentation given by: • Peter Hechenbleikner — See Attached Motion A After extensive discussion a motion was made by Elaine Webb, Precinct 1 to move the question. 2/3 Vote Required 102 Voted in the affirmative 21 Voted in the negative 135 Town Meeting Members in Attendance Motion to Move the Question Carried 2l3 Counted Vote Required 6 Voted in the affirmative 121 Voted in the negative 135 Town Meeting Members in Attendance Motion A Does Not Carry Motion B Bill Brown, Precinct 8 made a motion to change 10 votes to 7 votes Motion to Amend Does Not Carry Bruce Mackenzie, Precinct 8 made a motion to change 10 votes to 4 votes Motion to Amend Does Not Cam After extensive discussion a motion was made by Ron O'Keefe, Precinct 1 to move the question. 213 Vote Required 112 Voted in the affirmative 15 Voted in the negative 135 Town Meeting Members in Attendance Motion to Move the Question Carried 213 Counted Vote Required 15 Voted in the affirmative 113 Voted in the negative 135 Town Meeting Members in Attendance Motion B Does Not Carry ARTICLE 23 To see if the Town will vote, pursuant to Section 2-6 of the Reading Home Rule Charter, to declare the seats of certain Town Meeting Members to be vacant and remove certain described persons from their position as Town Meeting Members for failure to take the oath of office within 30 days following the notice of election or for failure to attend one half or more of the Town Meeting sessions during the previous year, or take any other action with respect thereto: Precinct 1 None Precinct 2 None Precinct 3 None Precinct None Precinct 5 None Precinct None Precinct 7 None Precinct 8 None Backaround: The Reading Home Rule Charter provides for the removal by Town Meeting of Town Meeting Members who did not attend at least half of the Town Meeting sessions during the previous year. Since all Town Meeting members had to run for re- election in 2012 because of the re- precincting related to the 2010 Federal census, there are no incumbent Town Meeting members and therefore no action to be taken under this article. Therefore this article will be indefinitely postponed. Finance Committee Report: No report. Bylaw Committee Report: No report. Motion to Indefinitely Postpone Carried Ben Tafoya, Board of Selectmen moved to adjourn the 2012 Annual Town Meeting sine die at 9:06 PM with 135 Town Meeting Member in attendance. 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