HomeMy WebLinkAbout2010-05-18 Board of Selectmen Minutes Board of Selectmen Meeting
May 18, 2010
The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James
Bonazoli, Secretary Camille Anthony, Selectmen Stephen Goldy and Richard Schubert,
Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob
LeLacheur, Town Counsel Ellen Doucette, Town Clerk Laura Gemme, Office Manager Paula
Schena, and the following list of interested parties: Bill Brown, Kara Fratto, John Arena, Barry
Berman, Linda Anderson, Meghan Young, Karl Weld, Janice Murphy, Stephen Crook, Nancy
Graham, Janice Jones, Marsie West, Matt Wilson, Marie and Thomas Fratto, Dan Ensminger,
Michelle Tassinari.
Discussion/Action Items
Call for Special Election— Assistant Town Manager Bob LeLacheur noted that Article 13 was
approved at the Annual Town Meeting on May 3rd by a vote of 116-35. A referendum petition
was filed on May 12th. There were five written objections to the petition filed on May 14th. The
Board of Registrars held a hearing on May 17th, and the. Selectmen are meeting this evening to
call a Special Election.
Town Counsel Ellen Doucette noted that there was concern regarding the variation in language.
There are four versions of the petition, and they are considered to be one petition even though
some people thought they were separate and didn't have enough signatures.
Town Counsel cited case law and noted that the Auburn matter was when the Selectmen declined
to have a Special Election but the Superior Court decided that the subject matter was clear and
they had to have an Election.
Michelle Tassinari from the Secretary of State's Office confirmed that all the petitions refer to a
referendum petition — a ballot question answering yes or no and referencing Article 13 so the
subject matter is very clear. Walsh and Hurst are not applicable because the "exact copy" ruling
is only for the State.
Town Counsel noted that there is no basis for the Selectmen to decline a Special Election in this
matter.
Selectman Richard Schubert noted that the wording was substantially different, and some people
might not have known what they were signing. Town Counsel indicated that the Board of
Registrars' hearing was the time for people to have their name removed from the list.
Vice Chairman James Bonazoli noted that the Town has done their due diligence. He also noted
that the intent was clear regarding Town Meeting action on the meals tax,
Board of Selectmen Meeting—May 18 2010—Page 2
Town Clerk Laura Gemme noted that June 23rd is the earliest date that the Special Election can
be set because she needs at least 35 days to hold the Election. She also noted that no matter
which date they pick, we will be dislocating either a basketball or baseball camp for the day
unless the Election is on a Saturday. There was discussion among the Board about the best date
to hold the Election.
John Arena of 26 Francis Drive asked Town Counsel for clarification regarding the Board of
Selectmen's discretion in calling for a Special Election. Town Counsel indicated that if the
subject matter is not clear, then the Board can decline a Special Election.
Nancy Graham of 26 Holly Road.asked if it would be more expensive to,hold the Special
Election on a Saturday. The Town Manager noted that the set up would be the same but the take
down on a Sunday would be at a premium.
Barry Berman of 54 Longview Road suggested changing the Charter to be in line with the State,
regarding exact copies. He also recommended changing the threshold on the number of
signatures required.
Janice Murphy of 5 Mt. Vernon Street noted that she went back to get signatures a second time
when the language changed on the petitions.
Schubert moved and Anthony seconded to call a Special Election pursuant to a petition
filed pursuant to Section 2-15 of the Reading Home Rule Charter, amended through April
2006; said Election to be held at the Hawkes Field House at the Readm Memorial High
School, 62 Oakland Road on Tuesday, June 29, 2010 from 7:00 a.m. until 8:00 p.m. The
sole item on the ballot at the Election shall read:
"Shall the Town vote to approve the action of the representative Town Meeting
whereby it was voted to accept the provisions of Massachusetts General Law
Chapter 64L, Section 2(a) to impose a local sales tax upon the sale of restaurant
meals originating within the Town by a vendor at the rate of.75 percent of the gross
receipts of the vendor from the sale of restaurant meals? Yes No"
A motion by Goldv seconded by Bonazoli to amend the main motion by changing the date
to June 23rd was approved by a vote of 3-2-0. The main motion as amended was
approved by a vote of 5-0-0.
A motion by Goldv seconded by Anthony to adiourn the meeting of May 18, 2010 at 7:58
p.m.was approved by a vote of 5-0-0.
Respectfully submitted,
Secretary