Lightly Attended Annual Town Meeting Approves Library and Old Murdock Funding,
Fails to Pass Mellen Road Articles
Outgoing Interim Town Manager Stephen Delaney on his last day listens to a response to a question being answered by new incoming Town Manager Justin Sultzbach during his very first day as the new Winchendon Town Manager during the May 17, annual town meeting.
Photo by Keith Kent
130 Voters attended Winchendon's 2021 Annual Town Meeting on Monday night, May 17 in the Murdock Middle High School gymnasium. While most articles passed without discussion, upsets included an article to replace water meters throughout the town and three articles related to accepting Mellen Road as a town way.
Supporters of the Beals Memorial Library and the Old Murdock Senior Center greeted voters outside the front entrance offering information sheets about Article 14, improvements to the library, and Article 15, critical emergency repairs to Old Murdock.
Town Moderator Coral Grout called the meeting to order at 7:00 p.m., announcing that a quorum had been reached. (At least 75 voters are required to open a Town Meeting.) New Town Manager Justin Sultzbach was introduced. Board of Selectmen Chair Mike Barbaro read a statement which announced, "The Winchendon Board of Selectmen, as Trustees of the Boston Post Cane, proudly congratulates Mr. Earl W. McQueston and acknowledge that he has the distinguished honor as the oldest resident in the Town of Winchendon and is the recipient of the Boston Post Cane. Mr. McQueston turned 99 in January this year." Presentation of the cane to Winchendon's oldest resident is a tradition begun in 1909 by Edwin A. Grozier, Publisher of the Boston Post Newspaper.
Most articles passed easily with no questions or discussion. (For details, see the official Town Meeting results (PDF) posted on the town website, and the video recording of the meeting.) Some articles elicited questions or arguments from voters, or additional information for voters when the motions were made.
Article 2, authorizing the Town to create or dissolve town committees, is usually approved without discussion. However, Selectman Barbara Anderson moved that Article 2 be passed over. It had been planned to dissolve the Charter Bylaw Review Committee, but this committee will stay in place until changes to the Town Charter and Town Bylaws are approved by the Attorney General and finalized. These changes would be voted on in Articles 21 and 22. The motion to pass over Article 2 was approved, 94 percent in favor, 6 percent opposed.
Article 6, the town general budget, sparked some questions and discussion. Voters were presented with a balanced budget for FY22 of $16,185,796. As Mr. Kane explained, funds from Free Cash were being used to balance the budget. Moderator Grout read through the line items, after telling voters to call out "hold" for any items they wished to discuss. The Fire Department and Recreation line items were flagged by voters.
Selectman-elect Danielle LaPointe rose to ask whether the Fire Department budget amount addressed any of the concerns about the fire station which had been brought up at previous town meetings, such as the lack of separate facilities for male and female employees. Interim Town Manager Steve Delaney replied that those concerns were not included in the budget amount, and that due to budget constraints this year, he had recommended that the fire station issues be deferred until this fall.
Board of Health member Tina Santos rose to ask what would happen to unused Recreation Department funds for the current fiscal year given that Recreation Department activities were cancelled due to COVID-19. Mr. Barbaro explained that funds in the FY21 budget that are not spent by June 30 are rolled over into Free Cash.
Article 6 was approved, 89 percent in favor, 11 percent opposed.
In the discussion of Article 8, the Wastewater Treatment Department Enterprise Fund (sewers) Selectman Audrey LaBrie stated that the Board of Selectmen is putting out a Request for Proposals (RFP) to have an independent survey done on the water and sewer infrastructure, to evaluate the use of funds for the system. The Board of Selectmen hopes to have a report in about three months. The article was approved, 75 percent in favor, 25 percent opposed.
Article 13 asked the Town to approve purchase of two police cruisers for $95,000, replacing two cruisers whose odometers exceed 100,000 miles. Ms. Santos rose to argue that the Town has other "dire needs," mentioning the Department of Public Works' leaking roof and the fire station as examples, and saying that "our projects need to be fair." Mr. Barbaro responded that the funds for the cruisers were coming out of the Police Department budget. He reiterated that the DPW roof had been deferred as a capital project to the fall, and that $75,000 has been reserved for a study for a new fire station, again deferred to the fall. Article 13 required a simple majority vote and was approved, 76 percent in favor, 24 percent opposed.
Article 14 was written to approve $597,247 to fund upgrades to the Beals Memorial Library, consisting of replacing outdated knob-and-tube wiring and installing a fire suppression system in the building. $300,000 of the funds would come from Free Cash and the Town would borrow up to $300,000 for the remainder. After making the motion, Mr. Barbaro proposed an amendment reducing the amount the town was authorized to borrow to $100,000. He explained that the Robinson Broadhurst Foundation had awarded the Beals Memorial Library a grant of $200,000 for this project. There was no discussion. The amendment was approved, 92 percent in favor, 8 percent opposed. The amended article, which required a 2/3 vote, was approved, 93 percent in favor, 7 percent opposed. (Fact Sheet about the project with breakdown of expenses (PDF))
In an uncommon photo, both town managers are seen accompanied by members of the Winchendon BOS awaiting a vote to be tallied on the big screen during the May 17, annual town meeting. From left to right, Interim Town Manager Stephen Delaney, new Town Manager Justin Sultzbach, Select Board members Audrey LaBrie, Barbara Anderson, Michael Barbaro, Rick Ward, and Amy Salter.
Photo by Keith Kent
As with Article 14, after making the motion, Mr. Barbaro proposed an amendment reducing the amount to be borrowed to $956,000. The Robinson Broadhurst Foundation had awarded the town a grant of $604,000 over two years for this project. Although the Board of Selectmen verbally gave their recommendation as 5-0, the recommendation printed in the Warrant was 4-1. Ms. Santos rose to ask which Selectman had voted not to recommend and what their reasoning was. Selectman Amy Salter responded that she had voted not to recommend the original article, but with the Robinson Broadhurst grant lowering the cost, she had changed her recommendation to a yes. The Courier rose to ask about the status of a $50,000 preservation grant from the Massachusetts Historical Commission which the town was approved for last year. This was a matching grant dependent on the town approving funding, which did not happen at the 2020 Annual Town Meeting. Mr. Delaney responded that the grant was held back last year because the town did not approve the project, but the Town will now re-apply for the amount.
Article 15 required a 2/3 vote, and was approved as amended, 85 percent in favor and 15 percent opposed.
Article 16 asked the town to appropriate from Free Cash $100,000 for an emergency generator at the Toy Town Elementary School. Selectman Audrey LaBrie explained that this will be a stand-alone generator which could theoretically be installed in another location should Toy Town Elementary be retired as an active building in the future. Currently Toy Town Elementary houses the district administrative offices with the central computers and communications for the district, but it is the only building without an emergency generator. The article required a 2/3 vote and was approved, 88 percent in favor, 12 percent opposed.
Article 17 asked voters to approve the Town borrowing $800,000 to replace water meters throughout the town. The new meters would connect to a phone app alerting property owners to unusual water usage, as well as alerting the water department. DPW Director Brian Croteau stated that the meters being replaced are around 12 years old. Ms. Santos rose to ask which Selectman had opposed the article, and how long the new meters would last--would the town be facing a similar expense 12 years from now.
Ms. Anderson responded that she had not recommended the article. She stated that the water and sewer bills "have been rising astronomically" and until the study was done on the Water and Wastewater Enterprise funds, she didn't think it was advisable to spend this amount. Mr. Croteau responded that the lifespan of the meters depended on the vendor, electronics and so on, but it was customary for them to last from 15 to 20 years. The article required a 2/3 vote. The vote was 62 percent in favor, 38 percent opposed, so the motion was narrowly defeated.
Article 18 asked voters to approve $40,000 in appropriated funds for design costs for grant applications. Ms. LaPointe rose to say that the Town should wait until there were actual costs that need to be covered, and that the funds might be better used for other things and not allocated up front. New Town Manager Justin Sultzbach responded that plans are often required with grant applications and having funds approved for that purpose was useful.
The article was approved, 75 percent in favor, 25 percent opposed.
Articles 21 and 22 asked voters to approve changes to the Town Charter and Town Bylaws respectively. The Courier asked when the new Bylaws would take effect and when the final versions would be posted for the public. Moe Ward responded that the changes need to be approved by the Massachusetts Attorney General and the legislature, while we were promised it would go before the legislature before it recessed, "there's no guarantee." If the AG requests any changes, the Charter Bylaw Review Committee will convene to make adjustments. Town counsel Brian Riley explained that the new Bylaws need to be approved and published, at which point they are legally in effect. Article 21 required a 2/3 vote, and was approved with 88 percent in favor, 12 percent opposed. Article 22 required a simple majority vote and was approved with 89 percent in favor, 11 percent opposed. (Town Charter and Bylaws with New Revisions (PDF))
When Article 23 was considered, asking voters to authorize the town to accept several small parcels of land in a Deed in Lieu of Foreclosure agreement, voter Susan Burdsall rose to ask if the Board of Selectmen had walked any of the parcels in question to make sure they wouldn't be a liability to the town. Mr. Barbaro responded that the parcels are so tiny, it's difficult to be sure exactly where their boundaries are. The parcels can't really be used for anything except adding square footage to an abuttor's lot. The article was approved, 82 percent in favor, 18 percent opposed.
The longest debates and biggest upsets of the night involved Articles 19, 20 and 24, all dealing with the proposed acceptance of Mellen Road as a town way. (For the background to these articles, see "Three Articles Concerning Mellen Road will be Presented to Voters at Annual Town Meeting" in the May 6-13 edition of the Winchendon Courier.)
Residents of Mellen Road spoke at length, reiterating the arguments which they had previously made at Board of Selectmen meetings and public hearings before the Finance Committee, Planning Board and Board of Selectmen, and which have been extensively reported by the Courier. Voter and Mellen Road resident Marc Dorwart first rose to speak to Article 19, which had been composed by Mellen Road resident David Watkins and submitted to Mr. Delaney. Article 19 asked voters to accept Mellen Road as a town way pending the acquiring of easements. Mr. Dorwart stated that he could not support Article 19. He pointed out that the article is unclear as to which side of 215 Mellen Road would be the boundary of the accepted portion of the road. Article 19 required a 2/3 vote. It was defeated with 49 percent in favor, 51 percent opposed.
Article 20 asked voters to authorize the town to acquire easements for Mellen Road from property owners and the Commonwealth of Massachusetts, to which the town deeded the state forest abutting Mellen Road in 1965. The Board of Selectmen stated that it was necessary to pass Article 20 in order to move forward on either Article 19 or Article 24. The debate on Article 20 became heated, with allegations of conflicting explanations for missing documents (shredded, lost in a basement flood) and some confrontational comments. Selectman Rick Ward said, "There's nothing personal with this...the reason that I think we should pass 20, is because that's the first step in doing this right." He went on to say that the voters chose to discontinue Mellen Road in 1914, and he did not believe we should give authority to the Board of Selectmen to decide what roads will be accepted or not accepted by the town. "I'm asking you to support 20 so we can get on with this," he said. Article 20 was defeated, 37 percent in favor, 63 percent opposed.
Mr Dorwart rose to make the motion for Article 24, which was placed by Citizens Petition. Article 24 was identical to Article 19 in asking voters to accept Mellen Road as a town way, but included a "non-waiver of rights" statement by the residents of Mellen Road, and also specified which side of 215 Mellen Road was the boundary of the accepted part. Initially there was some confusion as Moderator Grout stated she did not the same text before her as Mr. Dorwart was reading from the Warrant, and asked Mr. Dorwart to put his motion in writing. This was reconciled. Debate on Article 24 continued to be fervent.
Ms. LaBrie pointed out that there is a difference between a public road and an accepted road, and the matter before Town Meeting was to accept Mellen Road so it would qualify for Chapter 90 funds. Voter Lisa Barbaro rose to question the references to "damages and attorneys' fees" in the article's statement of nonwaiver, asking what the town might be leaving itself vulnerable to if voters approved the article. Mr. Kane rose to say that "we've come a long way from just wanting to get the problems fixed," adding that Article 24 was the same as Article 19 except that the residents were "reserving the right to sue the town...if they don't do it our way." Mr. Dorwart responded that the residents of Mellen Road "are not trying to sue the town, we're not trying to get the town to do it 'our way,' we're trying to get it done any way that will work."
The vote was called. Moderator Grout stated before the vote that Article 24 required a 2/3 majority to pass. The article failed with 59 percent in favor, 41 percent opposed.
There were several calls for "point of order" and a general outcry in the hall. Moderator Grout stated that town counsel advised her that a 2/3 majority was required. Atty. Riley stated, "By statute, if a town meeting is approving a public way, accepting a public way, that is on a subdivision plan per the Planning Board, that is a majority vote. Any other time is a two-thirds vote." Ms. Santos rose to say that the Warrant as printed said that Article 24 required a simple majority vote and she felt that this should be respected.
Moderator Grout called for a motion to adjourn. A motion was made and several voices seconded it. Moderator Grout announced that the meeting was adjourned, as questions and protests continued on the floor. Some departing voters commented to the Courier that they were confused as to whether Article 24 had failed, and whether there had been a vote for adjournment. The Courier spoke to Moderator Grout who stated that there had been a vote to adjourn.
Winchendon Earth Day Celebration Yields 40 Cubic Yards of Waste!
A full container ending the day with 40 cubic yards of waste collected from all areas of town.
Photo by Keith Kent
After being delayed over 2 years due to the COVID-19 pandemic and consistently high town realized infection rates in the red zone, Winchendon residents united and celebrated a delayed Earth Day town wide cleanup on Saturday, May 15 under sunny skies and favorable event conditions.
With the previous Earth Day celebration taking place April 27, 2019, accumulating roadside rubbish and illegal dumping had reached both very unsightly and unhealthy levels.
The event while taking place on May 15, was actually started the afternoon before with members of the B.O.H. reporting to the W.P.D. it had started getting an early jump on things in the Lincoln Ave Extension area finishing operations around 8:00 p.m.
What quickly began to be discovered was nothing short of concerning. Several couches, a day bed, television, 3 mattresses, propane tanks, and even 15 used tires all coming from just the Lincoln Ave Extension area alone, up to the solar array entrance road. All items were unlawfully deposited by those not willing to pay their fair share for proper humane disposal.
By 10:45 a.m., the 40 cubic yard open-top container was already half full. Items were being stacked, interlocked, and tightly packed in an effort to make sure space would be available and the public's effort would not be in vain.
Loads of bulky waste coming from multiple areas of Lake Monomonac were picked up by Stan Smith and Paul Barnicle. Tires, trash, and other objects were collected by David and Carol Smith in the vicinity of Town Farm Road and Smith's Country Cheese. A lady delivering heavy soaked rugs from Alger Street, Richard Lucier bringing multiple loads from the town Ingleside Property down to the Millers River--one after another the loads kept coming.
Cans of paint, both rusty and newer, removed by Tom Kane and others littered roadsides and woods, while Selectman Barbara Anderson chipped in with much needed cleaning down along the side and parking areas of Tannery Hill. Teenager and GHS student Gavin Strom from Gardner even chipped in, showing regional dedication caring for his planet. From large furniture and inflatable swimming pools to thousands of whisky nips, unlawfully dumped waste of all sizes ran the gamut.
During the event there were shining spots which stood out brightly. Local Boy Scouts of America Pack and Troop 193 worked diligently. Ryan Forsythe and James Smith led young members Jaxson and Kaylee Smith, Michal Maine, along with Carson and Mason Forsythe in working hard and displaying the best of what 193 had to offer. From Lake Street between Spring and Front, to behind Walgreens, no job was to big for our towns smallest voluntary workers.
As thanks for their efforts desert and ice cream coupons donated by businesses McDonald's and Lickity Splitz were handed out. Belletetes of Winchendon also donated much needed trash bags, gloves, and more to the vital Earth Day cause.
Health Agent James Abare was very pleased with the event. Abare said, "We had great weather versus the regular date in April. For different reasons the board did the right thing delaying the event. It went very well and this was a great day for our town. I am very pleased."
By the end of the event people ages 5 to 80 and over 30 strong showed up to display their Toy Town Pride by completely filling one 40 cubic yard dumpster, resulting in a great day for the town, its people, and the planet.
Ryan Forsythe seen far right in photo, is accompanied by Carson Forsythe of Troop 193 and Mason Forsythe of Pack 193 delivering one of their multiple loads of collected waste. Not seen in photo is Girl Scout member Reagan Forsythe who along with others also assisted in the Earth Day town wide cleanup efforts.
Photo by Keith Kent
James Smith along with his children Jaxson and Kaylee accompanied by Michael Maine, all members of BSA Winchendon Pack 193 delivered many bags of waste showing pride and loyalty to their community.
Photo by Keith Kent
BOH members Tina Santos and Ed Bond work to remove heavy junk furniture and much more along Lincoln Ave Ext.
Photo by Keith Kent