Split Select Board votes to host second Special Town Meeting regarding Longmeadow Shops

Date: 11/25/2014

LONGMEADOW – The Select Board voted 3 to 2 on Nov. 24 for another Special Town Meeting to take place after voting irregularities were reported by Town Moderator Michael Kallock regarding hand counts for Article 13 during the Nov. 18 meeting.

Article 13, which failed to receive a two-thirds majority vote at the first Special Town Meeting, called for a rezoning of residential to business near the Longmeadow Shops. Grove Property Fund, owner of the Longmeadow Shops, was pursuing an expansion project that included the creation of a new CVS with a drive-thru pharmacy. The project is dependent on a rezone.

“I’ve been given no notice of what this [Select Board public hearing] is,” Kallock said. “It sounds to me very much like an inquisition. I’ve already made public that certain [voting] irregularities were made at the town meeting last [week]. The right thing and the fair thing to do is to call another special town meeting to correct the problem.”

Town Manager Stephen Crane said one of the vote counters did not count a section of residents during hand counted votes. The residents were located near the visitor’s section in the back right area of the Longmeadow High School auditorium were the Special Town Meeting took place on Nov. 18.

“I understand that the fact that this occurred on the most controversial thing on the agenda that night is really unfortunate,” he added.

Crane said a certain number of votes were also not recorded and or reported properly by the vote counters.

“One of [the vote counters] reported to the moderator [before the end of the Special Town Meeting] that he didn’t count votes,” he added. “To me, that hits a threshold of the legislative process.”

Articles 12 and 13 were both hand counted at the town meeting. Article 13 initially failed by a hand count vote of 280 to 142. A motion to reconsider was placed before residents and also failed by 240 to 144. Both votes for Article 13 required a two-thirds majority to pass. A total of 465 residents were registered for the town meeting.

Select Board Chair Richard Foster said the next morning at about 8 a.m. Crane, Foster, and Town Clerk Katherine Ingram began discussing the issues of voting irregularities.

“We are empowered to make something happen,” he added. “We can actually say that we think this was wrong and we can issue a call for a special town meeting.”

Select Board member Alex Grant, who voted against the call for an additional Special Town Meeting, stated that in his opinion the information given to the board, two letters with vote counter testimonies of voting irregularities, was insufficient and further investigating is needed.

“So, I guess when the people who are responsible for doing the counting put their names in writing and say ‘I’ll put it out there; I don’t think I did it right’ or in one case ‘I know I didn’t do it right’ and in the other case ‘I’m not sure what happened but I don’t think it’s right,’ I’m not sure what other evidence is needed and what other evidence we can produce,” Crane added.

Select Board member Paul Santaniello, who also voted against the decision to host another special town meeting, said the town moderator and town clerk run town meetings and elections; the board has no jurisdiction running the meeting.

“I’m really concerned that there were irregularities that were brought during town meeting and identified and no action was taken and now we’re here,” he added. “And we’re being told that we have to write a wrong and I don’t know if a wrong was committed.”

“Now the people who have voted yes or no if it loses or passes can say ‘My vote doesn’t count because I wasn’t there at the last meeting,’” Santaniello said.

Select Board member Mark Gold said in his opinion the arguments for asking for a new Special Town Meeting are circumstantial during a debate with Foster, which saw both individuals interrupting one another mid-sentence, which can be heard here:

“Nevertheless, because there is any kind of doubt at all I’d like for there to be some sort of definitive decision by the town,” Gold added.

The Planning Board is required to meet and discuss Article 13 after a 14-day period of notice and posting of the future special town meeting, Planning Board Chair Bruce Colton said. That meeting would likely take place during the first week in January.

Foster said the board would decide at its Nov. 15 meeting when the additional special town meeting to address Article 13 will take place.

If the board hadn’t approved the additional special town meeting, Article 13 could have possibly been added to the warrant of the 2015 Annual Town Meeting, Foster added. There are no prohibition against a failed article being added to the warrant of another town meeting.

Prior to the board’s vote residents raised their thoughts and concerns regarding Article 13’s voting irregularities.

“It was evident from where I was sitting that there were serious counting errors by multiple counters during that vote,” Adam Goodman, a resident of 63 Briarcliff Road, said.

Former Selectman Gerry Nolet, a resident of 724 Frank Smith Road, said residents deserve the right to have votes accurately counted.