Wilbraham residents vote to keep town clerk elected position

May 18, 2023 | Sarah Heinonen
sheinonen@thereminder.com

WILBRAHAM — Wilbraham voters gathered for the spring Town Meeting on May 15. Of the 51 articles on the warrant, only one was voted down. Voters were narrowly divided on whether to change the town clerk to an appointed position, rather than an elected one, but in the end, the vote was 68-53 to maintain the elected seat.

Select Board member Theresa Goodrich said that the candidate qualifications for elected positions are unknown, and elections can be a “popularity contest.” Select Board Chair Carolyn Brennan said she was “amazed at what a town clerk has to know.” Brennan explained to voters that, as an elected official, Town Clerk Carole Tardif does not receive vacation time, sick pay or any other benefits. Brennan called it “tragic.”

One resident said that she was concerned that “three people on the Select Board” would have the power to determine who would serve as town clerk, rather than the more than 1,000 residents that routinely turn out before elections. Resident John Haggerty said, “taking away the right to vote” is “wrong.” He also noted that the qualifications for the president of the United States only that they be “35 years old and a natural born citizen. Why should it be any different for town clerk?”

Another resident expressed concern that if the town clerk is “beholden” to the Select Board, they may “put their finger” on the scale of elections.

Resident Thomas Mango said, “That office has run so efficient,” and asked why voters would want to change it.

When asked for her opinion, Tardif said Massachusetts election laws change frequently and are becoming more complicated. She said the job needs someone who is qualified and who can adapt, whether that person is appointed or elected.

Resident Don Flannery asked, “It’s really not a power grab?”

Goodrich responded, “Absolutely not.”

Budget

The town’s total operational budget is $50.6 million. “The school budget is the largest consumer of budget dollars,” said Finance Committee Chair Kevin Hanks. The town’s assessment for Hampden-Wilbraham Regional School District and its portion of the debt assessment make up approximately 55% of the town’s expenses. The Police and Fire departments combined with emergency dispatch are tied with insurance as the next highest portion of the budget at 11% each.

“The town is in a very strong financial position,” Hanks said. He noted the budget used $2.1 million of the $3.3 million in the town’s free cash account. This included $465,000 put into the Stabilization Fund, which essentially acts as the town’s savings account. Hanks explained that the money would replenish funding from the Stabilization Fund that was recently used for large town projects. The town also approved $935,617 from free cash to be used for nine capital projects.

Bylaw changes

There were several bylaw amendments on the warrant. Two zoning bylaw changes were proposed by Planning Board Chair John McCloskey. Article 30 expanded the size of “accessory structures,” which he specified to mean sheds, on residential properties. The setbacks required for a shed are 10 feet from the side of the property and five feet from the rear. The bylaw was written to require any structure over 144 square feet to adhere to the setbacks of a primary dwelling — up to 20 feet from the side of the property and up to 50 feet from the rear. The bylaw was changed to increase the maximum size of sheds that can use reduced setbacks to 240 square feet.

Resident Marjorie Pessolano said the change was “letting the genie out of the bottle,” and was part of the “continual downgrading of the standards” of Wilbraham.

Building Inspector John Walsh said he gets calls every day from residents who want to put sheds on their property. When the department explains the setbacks required for a 12-foot-by-20-foot shed, “they laugh” and do not go through the proper channels to get a permit.

The bylaw passed with a vote of 211-18.

Article 31 asked residents to change the criteria for trucks and buses that can park in residential zones overnight. The existing bylaw stipulated a gross vehicle weight limit of 10,500 pounds. McCloskey explained that gross vehicle weight is not an industry standard and would require vehicles to be weighed to enforce it.

Instead, the amendment to the bylaw sought to use a gross vehicle weight rating, which is an industry standard for the maximum weight of a fully loaded vehicle and can be found listed on the driver’s door. McCloskey said the research done by the Planning Board regarding what trucks are commonly sold led them to select 12,400 pounds as the maximum gross vehicle weight rating. He said trucks commonly used for trades, such as electricians and plumbers, have gotten larger and heavier. As an example, McCloskey said a Ford F-350 is at the top end of this weight restriction.
Walsh said if the town went after trucks with a gross vehicle weight rating of 10,500 or higher, “I’d be giving out tickets all day.”

Resident Joe Lawless told voters that he works for a trucking company and said a 16-foot box truck or smaller would fall within the specified gross vehicle weight range.

More than one resident asked why dimensions were not used rather than the gross vehicle weight rating. McCloskey said there was a large variety of sizes among commonly used commercial vehicles.
McCloskey said the bylaw also makes clear the difference between commercial and non-commercial vehicles. Commercial vehicles parked in residential zones are permitted if signage is not “illuminated, moving, flashing or animated or contain reflective elements that sparkle in the sunlight and shall not obstruct or impair traffic visibility.”

One resident asked if there were restrictions on what can be written on truck signs. He suggested a vehicle could have a sign reading, “Joe’s massage parlor. Come see us at 1 a.m.”

When taking the vote, the resident who had spoken against the article insisted that abstentions needed to be counted as well as yeas and nays, according to Robert’s Rules of Order. Moderator Jim Jurgens explained that the Town Meeting does not use Robert’s Rules of Order but instead is governed by a document called Town Meeting Time.

The bylaw change passed with a vote of 189-25.

Community Preservation Act

Eight articles sought Community Preservation Act funding. While all of them passed, several prompted discussion. Resident Jennifer Powell suggested an alternative to Article 36, which requested $10,000 to light the flagpoles at Bruuer Pond and Glendale Cemetery. Rather than light the flagpoles at night, she suggested volunteers learn to raise, lower and fold the flags. She said that this would keep them from being damaged in inclement weather and offer “a learning, civics-type” of lesson.

Veteran Services Director Jered Sasen Said $10,000 was a placeholder and the actual cost will be far less. Any unused funds will go directly back to the Community Preservation Act funding.

Article 38, which requested $21,400 for fencing around the playground at the Wilbraham Children’s Museum, resulted in a back and forth between resident Patrick Kiernan and Community Preservation Committee Chair Tracy Plantier. Kiernan insisted that the project did not meet the criteria for Community Preservation Act funding and stated that the funding can be used to protect property but not children. Plantier disagreed with him.

Article 43 prompted the most discussion of the community preservation articles. This article appropriated $300,000 for four to six pickleball courts to be placed at an unnamed recreation site.

Resident John Haggerty expressed frustration that the recreational complex at 540 Stony Hill Rd. approved at Town Meeting in 2021 “never went anywhere,” despite being “properly approved.”

Town Administrator Nick Breault said that the funds have not been expended and were returned to the Community Preservation Committee account. He explained that Memorial School was the preferred site for the recreational complex, but the town chose Stony Hill Road as a backup site when it was thought the school would not be available. Since that vote, however, he said Memorial School became available once again.

Marc Ducey, a member of the Finance Committee, said Memorial School is underutilized and asked if there was a master plan for the site. Breault disagreed with Ducey’s characterization of the building’s usage and said there is recreation programming there “seven days a week.” He explained that Wilbraham is in the middle of a feasibility study exploring whether the complex can be located at the school. The results of the study should be ready in late June.

Plantier explained that Memorial School is the preferred location for the pickleball courts, but if the feasibility study reveals that is not the best option, the Spec Pond Recreational Complex is the second choice. Breault added that other aspects of the formerly proposed complex, such as an ice skating rink and dog park, are being considered for placement at Memorial School in addition to the pickleball courts.

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