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Wilbraham Select Board weighs carnival, food truck licenses, corrects vote error

Date: 6/15/2023

WILBRAHAM — Manuel Amusements submitted a request to organize a carnival in front of the Scantic Valley YMCA at Post Office Park, but the Select Board had questions.

Manager Stacie Pride said a portion of the proceeds from the carnival would be donated to Wilbraham first responders. The “Wilbraham First Responders Carnival” would operate from July 21-23 and offer food, entertainment, live music and mechanical rides.

Town Administrator Nick Breault said the town would need to see a letter of permission from the property owner, which had not yet been obtained. He also said it would need to be clear that the carnival is not town-sponsored and is a for-profit event operated by a private company.

Select Board member Susan Bunnell agreed with Breault’s points. While she acknowledged the altruism of donating money to first responders, she said, “I’m a little uncomfortable that it’s going to be called the Wilbraham First Responders Carnival” because people may mistakenly believe it to be town-sponsored. Pride said she was amenable to changing the carnival’s name so that there was no confusion over its affiliation. The Select Board was scheduled to vote on the matter at its June 12 meeting, after Reminder Publishing’s deadline.

Health Director Finn McCool addressed the board regarding the implementation of a one-year food truck license. As it stands, food trucks can operate in town under a one-day license. Because these licenses must be approved at a Select Board meeting, there have been incidents in which a business owner is unable to obtain a license in time for an event due to scheduling.

McCool said food trucks must be inspected by himself, a health inspector, and the Fire Department before operating in Wilbraham. Were the town to allow a one-year license, he said the inspections could be done “a couple of times” throughout the year. The longer term for the license would save time for town officials and eliminate time constraints leading to businesses losing money.

Select Board Chair Theresa Goodrich asked if yearly permits were common in other municipalities. McCool confirmed that they are and said there is an average annual charge of between $100 and $150 for the yearlong license, versus $20 for a one-day license.

Town Counsel Brian Winner said language regarding such a license could be included in either a policy or a regulation. He said there is a legal difference between a policy and a regulation; policies are guidance, whereas regulations are legally binding. Creating both policies and regulations are within the Select Board’s purview. Breault said that while a public hearing may not be necessary for this issue, there should be a 30-day comment period, as it may be controversial.

Breault also said that he had questions about how such a license would work. The Fire and Health departments must inspect the specific food trucks operating in town. He asked how it would be handled if a vendor operated multiple trucks. He also wondered how the town would regulate where food trucks may be set up.
“That’s why we didn’t allow food trucks, because we didn’t want to have hot dog vendors set up on the side of the road anywhere they might be inclined to do it,” Bunnell said.

Shannon Field of Fieldcrest Brewing said she and her husband have advocated for this one-year license for their entire four years in business. She explained that she had lost business because food trucks could not get a permit in time to set up an event or operate outside the brewery. She emphasized that they were not in favor of a food truck setting up in a random location or doing business with an unknown vendor.

Breault said that Fieldcrest Brewing is a “responsible business” and that he understood that sometimes a vendor falls through and a replacement vendor cannot obtain a license by the date required. However, he pointed out that the license is being issued to the vendor, not the responsible business owner.

Breault suggested that certain locations, such as Fieldcrest Brewing, would have to be permitted as a location where food trucks are allowed, as well as having the vendors licensed. He described it as “the lock for the key.”

Goodrich said they will continue to examine the challenges and work on the regulation.

David Bourcier, chair of the Board of Cemetery Commissioners, came before the board to address an issue regarding the recent Town Election. Donald Bourcier, David Bourcier’s father and fellow commissioner, had been reelected in May, despite his term not having expired. Meanwhile, the commissioner whose term was up, Wilfred Renaud, did not run in the election. David Bourcier said Renaud was under the impression his term expired in 2024.

This situation resulted in Donald Bourcier resigning from his existing commission seat with one year left in the term. In the interest of smooth transition and institutional memory, David Bourcier ask that Renaud be appointed to fulfill the remaining one year of Donald Bourcier’s existing term. Breault told the board that this was the advice given by the State Board of Elections to rectify the incorrect person running for reelection. The appointment was made by the board.