Acushnet Town Meeting passes budget, soil bylaw changes

By Beth David, Editor

A packed Acushnet Town Meeting wrapped up its work in just under three hours on Monday, 5/22/23, passing a $34.6+ million operating budget, plus a variety of spending articles.

TM also passed changes to the soil bylaw, with changes that would mostly affect the operation of PJ Keating. Article 39 got moved up early in the game by vote of TM.

There was lots of discussion, on the changes. Most were changes to minor wording, capitalization, etc. The big change was to add a section (Section 4, D) that would allow the town to provide waivers for some of the provisions in the bylaw. The other major change is that it would only apply to a “large operation” which is defined as any operation on property which contains 50 or more acres of disturbed surface area; or any soil removal operation of 15,000 cubic yards during the most recent 365-day period.

Some discussion revolved around that definition, with farm owner Anita Davis concerned that her farm might still be included.

The bylaw does, however, exempt certain operations, including farms. garden or nursery activities, land­scaping, or similar activities.

The new section allows the Soil Board to “waive strict compliance” with any provision in the bylaw. The original language also allowed “its authorized agent” to issue the waiver, but TM members took issue with that and passed an amendment removing it.

Resident Kevin Smith said he took “exception” to that part of the bylaw, and put his motion in writing to change it.

“I agree 100%,” said Selectboard/ Soil Board member Kevin Gaspar. (The Soil Board is comprised of the members of the Selectboard, but they function as separate entities.)

Nicholas Gomes asked if the vote could be reconsidered later in the evening, and Moderator Les Dakin confirmed that it could be.

Garry Rawcliffe took issue with the pard that says the inspector needs to notify the owner before making any inspections.

He asked why they would tip their hand by announcing it. He noted that the Board of Health and Fire Depart­ment do not do that.

“I just don’t understand why you want to call the guy and tell him, ‘hey, we’re coming out to inspect,’” said Mr. Rawcliffe. 

Town Counsel Darren Kline explained that there were a number of reasons why the provision is necessary.

There is not time frame set on notification. They can be notified just minutes before.

Mr. Kline said there were safety reasons, too, so property owners know their property is being infringed upon and will not think there are trespassers.

“I am not opposed to this,” said David Desroches, a former Soil Board Selectboard member. 

He said it gives a break to the “small guys” in Acushnet, and added that the original bylaw was “a little vague.” He said defining large operations fixes that. The board will still decide hours of operation, routes of travel and other operational details.

Mr. Desroches said for years neighbors have said they want PJK to be a good neighbor; and the company has said residents knew they were buying near a quarry. He said PJK still has to comply with regulations.

The bylaw “Protects the citizens of this town,” said Mr. Desroches, adding the actual waivers will be discussed in public hearings.

Mr. Gaspar said that without the bylaw adding the waiver provision, the town is “basically telling PJ Keating ‘goodbye.”

He said people have been asking when PJK will open, because most people do want them open, they just want them being good neighbors.

The can’t open, he said, because some of the provisions in the bylaw are “absolutely ridiculous to ask PJ Keating to uphold.”

In the end, the vote, which required 2/3 to pass, was passed by an overwhelming majority, with only a handful of people voting “no.”

“I know you all want to go home,” said Mr. Gaspar after the vote, but reminded voters that the article could be reconsidered and it might fail the next time. “So please don’t do that.”

Several other articles got some discussion, but, surprisingly enough, the operational budget was not one of them. It passed without any holds or discussion on any departments. 

Spending of Community Preserva­tion Act funds had some discussion, with Mr. Rawcliffe submitting an amendment to change the item for the Buzzards Bay Coali­tion’s Acush­net Forest Conservation Project from $85,000 to zero.

Mr. Rawcliffe told TM that the BBC are “the same people that want you to get new septic systems.”

He said every time they take a property, it is removed from the tax rolls and taxpayers have to make up the difference. He estimated the loss at about $4,000 for the property in question. He noted that the BBC forced Marion to make changes to their treatment plant and then found there was nothing wrong with it, and also forced Marion to change all their moorings, which were worse than the original ones so they had to change them again.

“I will not give a dollar of my money to that organization,” said Mr. Rawcliffe. “And I don’t recommend any of you do the same thing.”

Jeffrey Ellis, Vice Chair of the Commu­nity Preservation Committee, told TM that the project as originally propose by the BBC was tabled by his committee because it did not allow access within the town of Acushnet. He said the amended proposal includes two access points in Acushnet, with parking. 

“This would provide a large area of recreation use to town residents, in combination with some other neigh­boring towns,” said Mr. Ellis, and said the CPC recommends the expenditure.

Allen Decker of the BBC also addressed TM, telling voters the overall project protects 241 acres in Acushnet, Mattapoisett and Rochester to protect the aquifer. He said the $85,000 will buy Acushnet a”toe hold” on a conservation restriction on the 77.5 acres within Acushnet. Mr. Decker said it is a $6 million project overall, and the other towns have voted to contribute. 

“It’s a great project,” said Mr. Decker, adding it protects significant acreage within Acushnet, and will be publicly accessible from public roads in Acushnet. 

Mr. Rawcliffe tried to use Mr. Decker’s words against him, saying, “You heard him, there’s millions involved.”

The project is going “full steam,” whether Acushnet contributes or not, he said. “You’re not going to lose out.”

“Don’t sign on.”

Eric James spoke in favor of the project, saying he volunteers for the BBC, and pointed to the Acushnet Sawmill and other properties that are preserved and free for recreational use.

“This is a fantastic organization,” said Mr. James. “Thank God we have organizations like this.”

He said people are always cutting trees, but the BBC protects them.

Mr. Decker also added that the property in question was being taxed at the open space/agriculture rate so it was a fraction of the regular rate.

Bob Rocha, Conservation Commis­sion Chairperson said the money was in the CPC account slated to be spent on the project.

“It has to be spent somewhere,” said Mr. Rocha. “This is the appropriate place to spend it.”

Selectboard Chairperson David Wojnar noted that the town has been concerned about solar farms and the clear cutting they have been doing. He said people are looking to “cash in” on land. 

The vote on the amendment failed, with only two or three votes in favor.

The main motion passed, with some opposition.

Town Meeting also voted to appropriate $465,000 from free cash fo a new tanker truck for the Fire Department. There was no discussion on the article.

TM also voted to borrow $610,000 for an ambulance, although the town is expecting the will not actually need it when the time comes.

There is a two-year backlog on ambulances, from time of order to delivery. Mr. Gaspar explained that th town needs the authorization for the money now to get in line for the vehicle. By the time the money is due, however, the town hopes to have enough between the ambulance fund and free cash to pay for it without borrowing. In any case, they will not need the whole $610,000.

“We can’t get in the queue unless and until we have the funding secured,” said Mr. Gaspar.

Fire Chief Thomas Farland ex­plained that the ambulance receipts are on pace to receive about $650,000 this year. About $515,000 will go to the town’s general fund to offset the fire department operating budget. The rest is used for capital expenditures. 

Town Meeting also voted to create a Youth Employment Service Program, appropriating $30,000 to fund the program, which would hire resident youth to work in town departments. The program is designed to instill work ethic, while providing financial and social benefits to resident youth. 

In other articles Town Meeting:

• Voted to enter allow an agreement for a solar canopy in the parking lot at the schools;

• Voted to create a new revolving fund from Soil Conservation Board fees for the board to pay for engineering fees. 

• Transfered $150,000 into the Stabilization Fund; $100,000 into the OPEB Trust Account; $100,000 into the Capital Expense Stabiliza­tion Fund; $50,000 for MS4 con­sulting services; 

• Reauthorized the Elders Commu­nity Service Program, also known as the Senior Work-Off program,

• Voted to appropriate $100,000 to join a health insurance purchasing group. 

• Authorized the Selectboard to petition the legislature for a home rule petition to allow the Call Fire Deputy Chief to serve beyond the mandatory 65 years of age.

• Increased the income limits for seniors to get a break on property taxes. 

The meeting is available for viewing on demand on the town’s YouTube channel at https://tinyurl.com/un97jx2h

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