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Plympton chooses Joy for chairman

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The Plympton Board of Selectmen reorganized Monday, May 20. Christine Joy is chairman, while Mark Russo is now vice-chairman and John Traynor is clerk. They spent a large part of their meeting working on an ongoing “parking-lot,” for issues that are on the backburner, but they want to track and put on the agenda from time to time in the future.

The parking lot has become lengthy over time, but some of the items on the list are ongoing, for example, IT-infrastructure upgrades that the board wants to monitor, although the board was crossing off issues that they had accomplished.

Selectman John Traynor led the presentation on the parking lot.

The issues accomplished included evaluating and formalizing the board’s goals and objectives for 2019, which they worked on with the Town Administrator, Elizabeth Dennehy, and appear on each meeting’s agenda. The Selectmen do not always go into much discussion on these goals and objectives at each meeting but ostensibly use them to guide their decision making.

Other items accomplished included coordinating the Green Communities Grant, which is ongoing and has become part of Dennehy’s responsibilities, she said, which allows the town to save money on energy expenses mainly through retrofitting existing building through grants to make them more energy efficient.

Another issue was solving the sound recording issues in the Selectmen’s Meeting Room with Area 58 Community Access Media. Any sound recording issues that existed have been deemed solved by the selectmen.

An intern, one of several sought, was obtained from Bridgewater State University to work with the Wage and Personnel Committee.

Finally, the professional team of auditors did finally make a presentation to the financial team, another long-term goal.

But, the “parking lot” continues to be lengthy, and additions were made, which was not concerning to Selectmen Russo or Joy, speaking after the meeting. They said that the parking lot was for items of less pressing concern but needed to be monitored.

This category included the following:

• A disposition process for town owned land, discussed at length, is in place, but the board is not completely comfortable with, they say.

• A master plan for the town campus, that continues to be on ongoing discussion, and the board is waiting on a report from the Old Colony Planning Council to give it direction.

• Completion of a town pavement plan, including road inventory and assessment with the Highway Superintendent.

• A technology master plan, that will include an infrastructure audit, a new server upgrade and long-awaited email updates.

• Concerns about the intersection of Main Street and Ring Roads – another enduring issue.

• Speed limits on Main Street, that Russo reports are controlled by the state and that there is not much that localities can do about it.

• Illuminating the entrance to Town House, that all on the board have agreed is unsafe.

• More volunteer outreach and recognition.

• A town flag policy for flags from the town center to Old Town House, a cause that Traynor has championed but other board members have not as enthusiastically supported.

• Working with more interns.

• Fixing the water problems in the basement of Town House, where people work.

• Renovating the old Police Station, possibly temporarily into an open space with cubicles and a conference room, until more final plans can be made for the space.

• Hiring an engineer to fix the parking lot on the Town  Hall Campus.

• A cleanup for the North Plympton Cemetery, on the Kinston line.

• A new septic system for Town House.

• Follow the Water Resources Working Group.

• Monitor Plympton senior citizens’ issues.

Finally, for the long term, the Selectmen said they will monitor the Carver Urban Renewal Project, the Rocky Harvest settlement compliance agreement, the Finance Committee and the budgeting process, future exploration of shared services and opportunities and the Dennett School water treatment project updates.

• The Plympton Board of Selectmen will next meet Monday, June 3, at 6 p.m. unless otherwise posted.

• Memorial Day is Monday, May 27; Town House will be closed.

• The Memorial Day parade line-up begins at 9:30 a.m. at the Old Town House, and the parade starts at 10 a.m.

Town elections see only one contest

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With Election Day Saturday, May 18, the only contest on the ballot in either Plympton or Halifax is that for Halifax selectman, the seat left vacant by Kim Roy, who is moving to Hull.  The two candidates have much in common, and hold definite views on town government and finance.

Melinda Tarsi, 35, is originally from Danbury, CT. She graduated from Western Connecticut State University in 2006 with a double major in political science and law and justice administration. She studied at the University of Massachusetts Amherst and graduated from their doctoral program in political science in 2014.

Tarsi chose to settle in Halifax in November 2015. “Although I’m not originally from Halifax, my background in politics gives me a broad view,” she said. “I knew I wanted a close-knit community where I could put down roots.”

Tarsi has worked as an assistant professor at Bridgewater State University since 2014, where she teaches American politics, state and local government to undergraduates and also teaches in the Masters of Public Administration program at the university. She expects to be a tenured professor next year.

Several years ago, she filled out a talent bank form for the town.   “I wanted to get involved,” she said.

Tarsi began her service to the town with the Finance Committee, which she said was “a big learning curve, but I [am] so glad I did it.”

This is her second year and third budget cycle on the committee of which she became chair this past summer.

“I approach a lot of issues with an eye towards research. I go in without a predetermined mindset,” she added.

“Something that’s come through loud and clear,” she said of the challenges facing Halifax, “are property taxes and property tax rates and keeping them low.”

She also pointed out that citizen involvement in town is low, and that she’d like to see more people at Town Meeting and “more people’s voices involved in the process.”

As a researcher, Tarsi said she values gathering evidence before making decisions.

One idea she’d like to see if elected Selectman is a citizen task force to address quality of life issues. She’d also like to see more online communication from town government, if there is evidence that that would increase participation.

She said she’d like to encourage people to come out to vote on election day.

“I consider Gordon a friend,” she said of her competitor in the race, Andrews. “I joke we even picked similar colors for our yard signs.”

Tarsi has been endorsed by retiring Selectman Chairman Kim Roy.

Gordon Andrews, 39, grew up in Halifax. He’s a 1998 Silver Lake Regional High School graduate and received a BCOT (Bachelor’s degree) at Wentworth in Computer Engineering.

Andrews was asked what keeps him in Halifax. “The people,” he said. “Being close to family and friends is important to me,” he added.

He has served on the Finance Committee, including as chairman, and currently sits on the Silver School Regional School Committee and Halifax Elementary School committees.

He has a daughter at the elementary school.

He’d like to address issues with the services the town provides and the affordability of them.

“I think the cost of where we live compared to the commercial base affects the residents in a negative way,” he said.

Andrews says he’d like to attract businesses and have more of an outreach to current businesses.

He’d also like to see the town work more regionally. He even suggested a regional Council on Aging with Plympton and Kingston.

“I don’t think the town has the financial ability to fund a new building and then staff it,” he said.

He added, in terms of regionalization, “Fire should be looked at again. At least ambulance service. I don’t think that long term all the towns around us are going to be able to afford it like we did at the school.”

He said he’d reach out to more school-aged parents to serve on committees and boards.

“There are not enough volunteers. I’d like to see more of an outreach to ask people to get involved … I’d invite them to come to a meeting,” he added.

He’d also like to see more people at Town Meeting and might even support changing the date and time to accommodate more people.

“I think people need to understand the power they have at Town Meeting … I think the power of Town Meeting is not understood.”

“I’ll bring a different view point to the … board,” he said, when asked what makes him different than his opponent. “I have a lot of respect for Melinda. If I wasn’t running against her, I’d be voting for her.”

Andrews has been endorsed by the Plymouth County Sherriff Joseph McDonald, Jr, and Plymouth County District Attorney Timothy Cruz.

Halifax Town Election is Saturday, May 18, from 10 a.m. to 6 p.m. at the Halifax Elementary School, Plymouth St., Rte. 106, Halifax.

Plympton Town Election is Saturday, May 18, from 8 a.m. to 6 p.m. at the Plympton Town House, 5 Palmer Rd., Rte. 58, Plympton.

Halifax TM says ‘YAY’ to Bag Ban

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HALIFAX — The people of Halifax held a two-night, 63-article Annual Town Meeting and 12-article Special Town Meeting Monday and Tuesday, May 13 and May 14. Most articles passed without much discussion, including a $24 million operating budget, but a “ban” on single-use plastic bags led to a standing vote because of a vocal minority of 18 who yelled their “no” votes.

Several hawk-eyed voters frequently came to the microphone to question increases in budget line items, or expenditures in articles they said were unusual or unnecessary, even veterans’ benefits.

Retiring Selectman Kim Roy received a lengthy standing ovation at the beginning of the meeting the first night, after she gave an emotional speech thanking the town for allowing her to serve. She was in tears.

The meeting was lengthy, but efficient. The moderator, Dennis Carman, was new to the job, as it was his first Annual Town Meeting and second Special Town Meeting.

A single-use plastic bag “ban” was adopted by the body, 84-18. Candy Kniffen, of the Beautification Committee and the former first female selectman in town, presented the article to Town Meeting.

She cited many governments at the local and state level, even entire countries that have enacted such laws. While the majority of Town Meeting supported the ban, the moderator required a standing vote to determine which side had won because the 18 voters opposed to the law yelled “no” so loudly he called for a standing vote to be certain.

Resident Jeffrey Bulger, of Brandeis Circle, spoke frequently against town expenditures of all sorts. At one point, he called the Veterans’ Benefits line item, 123, which had increased by $5,500 from last year a fund for town officials to play with. Kimberly King, a voter loudly opposed to Bulger’s position, moved the vote after a short clarification of how exactly that money is spent – it goes to veterans’ and their families – and the line item passed. Bulger was also one of the 18 voters most vocal in opposing the “bag ban,” and brought a lengthy handout for voters to read explaining his opposition to “bag bans.”

The Highway Surveyor, Steve Hayward, whose late father Ralph held the same position, was wearing his father’s suspenders as he asked the town for several pieces of equipment, including a truck he said he needs for himself for $30,000 and a Kubota-brand tractor or equivalent for $45,000, which was less than the amount asked for in the article.

He did not receive a $168,129 street sweeper that he requested, although he seemed in good spirits after the meeting. He said that he was pleased with how things went and thought he might get a street sweeper next year as the Finance Committee indicated in they may be more receptive in the future.

The Elementary School line item, 71, was amended up by $30,700 to $6,659,147 by Summer Schmaling, of the Halifax Elementary School Committee, because the school committee wanted a new bus. King spoke in support of the article, although the Finance Committee was not unanimous in its recommendation of the amendment. The article passed.

The future of the recycling center was discussed, with the costs of recycling soaring because China no longer buys our waste and state laws mandating recycling mean it costs more money each year to recycle. Some asked whether the Recycling Center should continue to be repaired at all and possibly eliminated. All items for the recycling center, including a new rug and cement slabs for roll-off containers at the center passed, though, as the items were necessary now, according to Hayward. As he put it simply, “If people want to keep walking around in mud, don’t vote for the article.”

The town’s soaring legal bills prompted Special Town Meeting Article 2, which proposed moving $20,000 from last year’s snow and ice budget into the Law Account. The number of lawsuits the town is defending itself against has ballooned and were listed for the voters on a handout.

At about $30,000,  Andrews v. Town of Halifax, a zoning dispute between Selectman-candidate Gordon Andrews regarding a development known as Amanda Estates abuting him on Elm Street, tops the list of the town’s legal expenses.

Andrews said on Town Meeting floor that the town does not need to be defending his suit and that the developer of the property in dispute should be defending it.

Town Administrator Charlie Seelig said that the town will have to find money to pay legal bills elsewhere, from line item transfers or the relatively depleted reserve fund as a last resort because the article failed.

Seelig’s contract was set for the next three years, raising it and bringing it more into line, but still significantly under, the salaries of Town Administrators with his skills, experience and qualifications nearby, according to Roy at the meeting.

A contract with the firefighter’s union with a $68,340 increase was passed, without discussion, representing a significant change in paramedic stipends and an overall 2% raise for the union personnel. Roy said this was an attempt to fight the 80% turnover at the department and retain and attract seasoned firefighters to Halifax.

A similar contract with the police officer’s union passed as well.

A number of upgrades to the town’s servers, backup batteries, telephones and other IT infrastructure also passed.

All zoning articles in the warrant were not addressed because the planning board didn’t hold a legally required hearing for the articles, Friday, and Monday shortly before Town Meeting. The board failed to get a quorum both times. Therefore, several articles were not considered by Town Meeting. They were not passed over; they were simply not addressed at all. They included such possibly controversial articles as those addressing multifamily dwellings and several marijuana articles, including a citizens’ petition on the location of marijuana establishments.

Roofer arrested after multi-town chase

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Matthew Will is treated by paramedics after being arrested on warrants related to over 50 alleged larceny- and fraud-related crimes across Plymouth county and beyond. (Photo by Abram Neal)

PEMBROKE — Matthew Will, 38, owner of 5-Star Discount Roofing in Halifax, was arrested at his rental home on Furnace Colony Drive, Pembroke, at about 5:30 p.m., Thursday, May 9 after a dramatic chase and a tense standoff with police.

Will allegedly fled after he missed a Falmouth District Court arraignment, then was arrested May 4 in Rockland — after escaping from police and leading them on a multi-town high-speed chase from Worcester County into Rhode Island the night before.

He was then released by a Hingham District Court judge, John Stapleton, who had not been made aware of the chase by court personnel, according to audio of the hearing, fled again and was finally re-arrested Thursday, May 9, after a tense standoff with police in Pembroke.

Will was expected to appear Monday, May 13, at 9 a.m. in Wareham District Court, with transportation provided by the Plymouth County Sheriff’s department, who have also provided his lodging since his Thursday arrest.

But he was not transported Monday to Wareham District Court by the department as ordered by a Plymouth judge Friday, and a Wareham court officer who said he had knowledge of the situation indicated Will had refused to come out of his cell at the Plymouth County Correctional Facility, had sustained an injury there and was being treated at a Boston hospital.

A Plymouth County Sheriff’s department spokesperson, Karen Barry, said that Will had not sustained any injury at the jail, but said he was in their custody. She would not confirm if he was being treated for an injury sustained outside of the jail and would not confirm his next court appearance, citing CORI protections for prisoners.

Matthew Will and Tina Bowles’ rental home on Furnace Colony Drive in Pembroke was searched by authorities Thursday, May 9. (Photo by Abram Neal)

Neighbors watched Thursday afternoon in the quiet neighborhood overlooking Furnace Pond as Hanson, Pembroke, and Middleboro police, as well as Plymouth County Sherriff’s Department and police canines executed an arrest and search warrant on Will and his house. When police searched the house for Will, he attempted to avoid arrest by hiding in his attic, according to police at the scene.

Will’s girlfriend, Tina Bowles, and several of their young children, identified by neighbors, could be seen standing in their side yard during the more than two-hourlong standoff. Police said they did not believe that Will was dangerous, although many law enforcement personnel were seen in bullet-proof vests waiting outside the home for Will to respond.

The father of five could be heard screaming obscenities at law enforcement officers as police dogs with cameras on their backs were sent into the attic to capture him. A police officer described a chaotic scene inside the house just after Will’s arrest and said that Will was bitten by the dogs and had fallen through his attic ceiling into his living room.

He was led in handcuffs from his home into a waiting Pembroke Fire Department ambulance and taken to Beth Israel Deaconess Hospital-Plymouth, where he was treated overnight for his dog bite-related injuries. He was discharged the next morning, into the custody of the sheriff’s department.

John Canavan, a Plymouth District Court judge, Friday, May 10, ordered Will held at the Plymouth County Correctional Facility over the weekend and that he be transported to Wareham District Court to address his warrants in that court. The department did not transport him for reasons the Expresscannot confirm.

The roofer was wanted on warrants in connection with a series of alleged larceny- and fraud-related crimes across Plymouth county and beyond, with at least 50 households allegedly victimized in Duxbury, East Bridgewater, Falmouth, Hanson, Kingston, Middleboro, North Easton, Pembroke, Plympton, Rockland and Wareham.

Funds allegedly collected for work not done total more than $200,000, say court records. The vast majority of the alleged victims are elderly and live in Middleboro, concentrated at Oak Point, a 55-plus community Will allegedly targeted.

The investigation began with Middleboro Detective Simone Ryder and multiple agencies are now investigating Will, including Hanson police.

Will skipped a Falmouth District Court arraignment April 10, on charges that he allegedly took more than $55,000 from the owner of a Falmouth apartment complex, according to the reported victim, Joel Mazmanian, who resides in California but manages property in Massachusetts. The court issued a bench warrant for Will’s arrest. He next did not appear for a hearing in Wareham District Court on ongoing cases, prompting that court to issue arrest warrants, as well.

Will fled the county, court documents say, and was next spotted by police May 3 in Hopkinton, in Middlesex County, where a Hopedale police report says he was stopped by police. He was ordered out of his vehicle, according to the report, but fled from the scene.

Police did not give chase because there were children in the vehicle, Hopkinton Deputy Police Chief Joseph Bennett said to the Express.

Later that day, in Hopedale, in Worcester County, Will failed to stop at a stop sign, twice. A Hopedale Police Department report describes a multi-agency car chase that ensued involving the Bellingham, Hopkinton, Hopedale, Mendon, Millville and Woonsocket, Rhode Island, police.

The report was written by Hopedale Police Sergeant Mark Rizoli.

After being followed by Rizoli for about a quarter of a mile, Will, driving his mother’s 2006 Buick Lucerne, stopped in the middle of the road. The officer said he observed what appeared to be a female passenger and two rear seat passengers.

Police later discovered Will had three of the five children Will shares with Tina Bowles with him. The sergeant on the scene said they began making “furtive movements,” which prompted Sgt. Rizoli to attempt to stop the car, he said.

Next, “ … he accelerated to a speed I estimated to be 70-80 mph. Due to the fact it was dark, wet, and that Blackstone Street is [a] narrow and curvy road I decided to maintain a speed of approximately 40-45 mph, as I felt it unsafe to travel at a higher speed. I subsequently lost sight of the vehicle … ”

Blackstone Police were able to locate Will, but he was able to escape them, as well, and his vehicle was observed fleeing into Rhode Island. Woonsocket, Rhode Island, police gave chase, but Bowles later told police Will ran up a long driveway on foot. Bowles was stopped by police driving Will’s mother’s car with their children in Bellingham later that night, police reports say.

Early the next morning, Saturday, May 4, Will was arrested at a residence in Rockland by the Rockland Police department. Will traveled from Rhode Island to Rockland via a ride sharing service, said a source close to the investigation and Bowles was present at the Rockland arrest, according to court documents.

He was held at the Plymouth County Correctional Facility in Plymouth over the weekend, and was transported to Hingham District Court Monday, May 6, by the sheriff’s department.

Although there were no open cases for Will in that court, as he was arrested on open warrants in Rockland, and Rockland is in Hingham District Court’s jurisdiction, Will was transported to that court, according to multiple law enforcement sources.

Will’s case was called at 10:34 a.m., in Courtroom 1, before Stapleton, according to audio of the hearing requested by the Express. Neither a police prosecutor for Rockland, nor any commonwealth attorney can be heard addressing the judge.

Only Will’s court-appointed attorney, whose name is indecipherable in the recording, speaks to the judge, and he does not address the high-speed chase with Stapleton, only the outstanding warrants in Wareham and Falmouth.

Stapleton freed Will after two minutes, only checking to make sure that he had a ride to Wareham to clear up his warrants in that court at 2 p.m. Bowles, who the defense attorney tells the judge is Will’s wife, says she has her keys and a license in the recording, which the judge asks a court officer to check.

Will left Hingham District Court free, did not attend his 2 p.m. hearing in Wareham District Court, and warrants for his arrest were reactivated. He spent the next three days a fugitive from justice until he was arrested in Pembroke.

Why Will is where and when he’ll be back to court has yet to be independently confirmed by the Express.

Contact Abram Neal at [email protected] or follow him on twitter @nealabe

Guilty! Kilburn convicted!

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Justin Kilburn is led away in handcuffs to begin his not less than five but not more than six year sentence at MCI-Cedar Junction. He has 14 days to appeal. (Photo by Abram Neal)

PLYMOUTH —Justin Kilburn, 30, of Links Way, Kingston, was found guilty of one count of motor vehicle homicide by OUI in the death of Diane Giordani, 52, of Plympton, and her German Shephard dog, Blitz, by Judge Cornelius J. Moriarty, II, Wednesday, May 8, after an emotional, jury-waived trial in Plymouth Superior Court in Plymouth. The three-day trial occurred just days before the one-year anniversary of the fatal collision.

The self-employed father of two was acquitted of one count of motor vehicle manslaughter by OUI.

He had a blood alcohol content level of 0.17%, more than twice the legal limit, when he caused the collision, said the district attorney’s office, and this was not his first alcohol-related driving offense.

Moriarty sentenced Kilburn to serve five to six years at MCI-Cedar Junction, a state prison in Walpole.

According to trial testimony, shortly before 6:11 p.m. May 10, 2018, multiple bystanders came running after hearing what they variously described as a loud pop or boom and came upon a two-vehicle head-on collision on County Road (Route 106) in Plympton, near the Halifax town line. They found a white pickup truck on fire and a black car in the woods.

State police investigators estimated that Kilburn was traveling 67- in a 40-mph zone around a curve in the road.

Kenneth Payne, a carpenter from Kingston, testified that Kilburn’s white pickup truck passed his vehicle at a high rate of speed seconds before the collision.

Another witness, Joanne Hudson, formerly of Kingston and now of Hilton Head, South Carolina, testified she was traveling to a wake from Kingston when a white pickup truck crossed the center line and almost drove her BMW off the road, also just seconds before the collision.

Diane Giordani with her German Shepherd, Blitz. (Photo courtesy Giordani family)

Three Plympton police officers, who happened to be only hundreds of feet from the collision, also heard the crash. They arrived within moments, according to trial testimony. Bystanders also called 911, and firefighters and additional police arrived momentarily.

Giordani was found dead at the scene.  State Medical Examiner Dr. Henry Nields testified cause of death was due to blunt force trauma to the head and extremities.

Plympton police officer Douglas Mazzola, who knew Giordani, testified he watched 5-year-old Blitz crawl up next to her and perish at the scene as well. “The dog got up, laid down next to Diane, and expired,” he said.

It took between two and three hours to extricate Giordani from her vehicle using the Jaws of Life, according to police testimony. The prosecution used graphic photos of the mangled vehicles throughout the trial, and Giordani’s black Nissan X-Terra was so damaged it was unrecognizable as a vehicle in the images.

Giordani’s husband, Michael, testified that she was going to dog training in Bridgewater on the day of the collision, one of her favorite activities. In a victim impact statement, Giordani’s sister, Stephanie, said that Giordani had been cleared of having Multiple Sclerosis the day before she died.

Kilburn, who was initially unresponsive at the scene but came to after police and paramedics performed CPR, was medflighted to Rhode Island Hospital for treatment of his injuries. He told paramedics that he had consumed beer and nips while fishing earlier in the day, according to testimony.

Police said he was ejected from the vehicle and they found him bleeding in the middle of County Road.

Kilburn appeared at several pre-trial hearings and conferences limping with a crutch, although he stood tall and looked straight ahead throughout the trial. He showed emotion only when Michael Giordani testified, tearing up when photos of Giordani were displayed on a television.

Kilburn did not testify in his defense. He was represented by Plymouth-based defense attorney Jack Atwood, who did not call any witnesses and waived an opening statement.

“Anybody who’s driven a car would recognize the danger this behavior puts others in,” stated assistant district attorney Russell Eonas in his closing arguments. “I would suggest this case started long before he [Kilburn] got behind the wheel.”

Moriarty warned the gallery, which was filled with family and supporters of both Giordani and Kilburn, to not react emotionally to his verdict – which he said would possibly please some and upset others – or be held in contempt of court.

The room remained silent as Moriarty rendered his verdict and moved into sentencing after hearing Giordani’s sister’s victim impact statement, calling it an “egregious” case.

Kilburn did not visibly react when found guilty or sentenced.

He was advised by the clerk that he stood committed and could appeal the verdict within 14 days.

“The loss of Miss Giordani and her companion Blitz was devastating to her family members, who were in the courtroom throughout this trial,” district attorney Timothy J. Cruz said in a release Wednesday. “I am hopeful that with today’s conviction and sentencing of Mr. Kilburn, this family can finally find some peace.”

Neither Atwood nor Kilburn made any comment throughout the trial.

Giordani auto fatality case set for Monday

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Justin Kilburn, 30, in Plymouth Superior Court in Plymouth Tuesday, April 30, 2019 at a final pre-trial hearing for the alleged motor-vehicle homicide death of Diane Giordani, 52, of Plympton. (Photo by Abram Neal)

PLYMOUTH — Justin Kilburn, 30, was before Judge Cornelius J. Moriarty, II, Tuesday, April 30, in Plymouth Superior Court at Plymouth for a final pre-trial hearing. His motor vehicle homicide trial starts Monday. The Kingston man is accused in the death of Diane Giordani, 52, of Plympton, and her German shepherd, Blitz, following a collision on County Road (Route 106) in Plympton, May 10, 2018.  

Police determined that Kilburn was allegedly speeding when he crossed the center line and struck the car driven by Giordani head-on. The investigation found that Kilburn had a blood alcohol content level of .17 percent at the time of the crash, according to the DA’s office. 

Giordani and her dog died at the scene of the collision, say prosecutors and police. 

The trial is expected to be jury-waived and last about three days, according to Jack Atwood, Kilburn’s Plymouth-based court-appointed defense attorney. 

Kilburn was indicted on one count of motor vehicle manslaughter by operating under the influence of alcohol and motor vehicle homicide by operating under the influence of alcohol by the grand jury June 5, 2018. 

The case is being prosecuted by Assistant District Attorney Russell Eonas. 

The collision was investigated by Plympton Police, State Police detectives assigned to the DA’s office, the State Police CARS Unit and State Police Crime Scene Services.  

Roy feted at her final selectmen’s meeting

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Selectman Kim Roy served at her final selectmen’s meeting on Tuesday, April 23, putting a cap on three terms as selectmen.

Shown at the right with her board, Roy was awarded a certificate from the Halifax VFW honoring her years of service to the town and its veterans.  VFW Post 6258 commander David Walsh, with VFW member Robert Dugan thanked her for her service saying they thought of her as the “First lady of Halifax.” From left are Selectman Troy Garron, Kim Roy, and Thomas Millias.

Selectmen vote $11 million budget

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PLYMPTON — The Plympton Finance Committee recommended and the Board of Selectmen voted “yes” on an $11,280,185 budget for fiscal year 2020, representing an overall increase of 3.5% over last year at a somewhat abbreviated Selectmen’s meeting, Monday, April 22.  Selectmen voted on all Annual and Special Town Meeting articles after hearing the finance committee’s recommendations.

The largest portion of the total budget is by far the school budget.

School costs are up an overall 4.7%, with the largest portion of the $6,160,582 proposed budget – up from $5,884,103 last year – going to the Dennett Elementary School and to associated special education costs for Plympton students both local and those placed out-of-district.  This is followed by the regional school assessment, which is up 6.5% from $2,174,763 last year to $2,316,518 this year.

The general government section of the proposed budget is up 27.9% from last year, from $58,868 to $75,274. The planning board budget went down by about 67%, from $1,500 to $500. The largest increase in the section was for the Finance Committee itself, which increased its own budget by $300 from $1,500 to $1,800, or 20%.

The remainder of the general government increase was with the Council on Aging. The program itself is level funded, but they requested a large increase in the director’s stipend – from $7,500 to $10,000, or about 33% – which was reduced to only 2.3%, or a $170 increase from the previous year.

The Council on Aging support staff line item increased by 4.4% because driver hours are increasing.

The Fire Chief’s salary has been brought more into line with neighboring communities, from $80,000 to $104,250, or about 30% but the overall fire budget is up only 2.7%, from $652,499 to $670,250, with many line items seeing cuts, including lines for EMS medical supplies and Fire/EMS equipment and repair.

The Police Chief’s salary was cut by 3.4% which balances out a tight budget that sees an increase from $1,060,744 to $1,100,140 in a year with the move from the old to the new police station. Utilities for the new station were estimated to be $24,000 for the year.

The all-encompassing Selectmen’s department budget, including everything from computer maintenance to building maintenance, is up 10.5%. Selectmen themselves will each take a $1 stipend, level-funded as last year, but the Selectmen’s Assistant and the Town Administrator Elizabeth Dennehy will each see a raise of 4.3%.

The “Town Buildings” and “Building Supplies” line items have been separated, to avoid confusion and better keep track of where money is being spent, an idea of Dennehy’s, which is repeated throughout the budget document. Custodial services will see a proposed increase of about 30% to $23,035 because of the addition of the police station.

Payments to town counsel are expected to be up 20%, topping $60,000 from $50,000 last year.

A decrease in the number of elections during the coming fiscal year will lead to a decrease in the Town Clerk’s department budget, which is down from $96,437 to $87,227 or 9.6% overall.

The total accountant, tax and treasurer’s department budget is up by 5%.

Selectmen signed new employment agreements with the Town Accountant and Treasurer/Collector, both with 4.3% salary increases reflected in the budget.

The Board of Health’s budget is up 4% from $40,237 to $41,866, level-funded except for the modest wage increase for the office’s administrative assistant.  This is the same increase seen by many Town House employees.

In the public works buget, the ice and snow budget line item remains level-funded at $60,000, despite the fact that the Selectmen had to declare an ice and snow emergency this winter, early in the season, to cover costs for cleanup associated with the minor storms that occurred.

Also, in that section, the Highway Superintendent’s wage did not increase by 4.3%, as many other positions, as requested. It was increased by only $60 from last fiscal year, or about 0.1%. Despite an 18.5% increase in the “Equipment and Maintenance” line item, the public works budget overall is rose only 1.9%.

The building department budget is up 13.8%, from $87,151 to $99,190. The department’s administrative assistant will see an increase in hours, which represents about half of the increase.

The library is in line for a 2.9% increase. Their budget is relatively small, with a request of $153,712 up from $149,367 last year.

Selectman Mark Russo thanked Dennehy and the Finance Committee for all their hard work throughout the budget season thus far and the rest of the Selectmen concurred.

In other Selectmen’s news:

• Emergency medical services will now be billed by a Cambridge-based company, ProEMS Solutions. The town is changing from its 18-year EMS billing provider, Comstar.  All bidders on the proposal came in at the same dollar amount, according to Fire Chief Stephen Silva, and selectmen deferred to his judgement in terms of why he thinks ProEMS Solutions will be better for the town than Comstar.

• The next regularly scheduled Selectmen’s meeting will be on Monday, May 6, 2019, at 6 p.m. in the Selectmen’s Meeting Room of Town House.

Selectmen vote death to Rufus

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Officer Rob McDonnell, right, witnessed the attack and was able to help rescue Penny. The owner of Rufus the bulldog, Thomas Wilson, is in the background with his girlfriend. Others stand to be sworn in to testify at the dog hearing. (Photo by Abram Neal)

HALIFAX —Selectmen ordered “Rufus,” an American Bulldog owned by Thomas Wilson of Holmes Street, to be euthanized after hearing evidence in a dog-on-dog attack concluding a dog hearing during their regularly scheduled meeting Tuesday, April 9.

The more than hour-long hearing, with three police officers present, appeared to exhaust the many witnesses and selectmen present. The hearing was clearly upsetting to  Rufus’ owner, Thomas Wilson, a tall man who spoke in a booming voice, and his girlfriend, who was present for the hearing.

The dog-on-dog attack occurred Saturday, March 16. Joseph Botelho, of Doris Road, was walking his dog, a Rat Terrier named “Penny,” near the intersection of Annawon Drive and Holmes Street, in front of Lindy’s General Store in the early evening.

Officer Rob McDonnell happened to be in a cruiser at Lindy’s that night, and said he witnessed a dog, identified as Wilson’s, escape from a fenced-in area and attack Botelho’s dog, “swinging her like a rag doll,” that occurred just as Botelho walked by McDonnell’s cruiser.

McDonnell immediately came to their assistance, he said.

Wilson said that Rufus escaped from his house when his girlfriend went out for a cigarette.

“[Rufus] grabbed my poor dog and shook her like a rag doll,” said Botelho, echoing the officer’s testimony to the board.

Pictures of Penny’s injuries, which caused the Selectmen visible distress, showed what appeared to be serious injuries to her hind quarter.

Penny, who is doing much better, said Botelho, needed more than $4,600 in veterinary treatment. Rufus was not properly inoculated which caused additional expenses.

After the attack, Wilson was issued a citation by Animal Control Officer Noreen Callahan for having a vicious and unlicensed dog, second violation, for $110, and the dog was home quarantined.

“I’m a dog lover, and I’m sorry this happened,” said Wilson, but his various explanations and eventual pleading with the board would not sway them.

The board keyed in on the fact that this was not Rufus’ first attack on another dog.

In 2017, Rufus attacked a different neighbor’s dog, which resulted in a dog hearing that Wilson did not attend.

While Wilson insisted repeatedly on debating whether or not his dog was “aggressive” or just “dog-aggressive,” as he put it, this ultimately did not matter to the board.

He said that he had fixed his defective gate, but this was disputed by Callahan. He then said he had a wooden pallet to block the gate for more security, but no one present had ever witnessed the pallet. He begged the board for a chance to enroll Rufus in dog training, but they would not budge.

Selectman Chairman Kim Roy said that Rufus “mauled” Penny several times. She added that if Wilson could not come up with the $10 to license his dog, she did not think that he would ultimately enroll the dog in training classes.

    “I’ll borrow it from my girlfriend,” said Wilson. When Selectman Troy Garron asked him why he had not borrowed the money yet, he responded, “Have you ever had to ask to borrow money from your wife? It’s hard.”

   Garron, an animal lover who said he had been around dogs his whole life and used to train police dogs when he was a police officer, said that dogs reflect the personalities of their owners.

   “If you can’t handle a dog that’s aggressive, you should not have that dog – it’s not fair to the dog,” he stated.

“I’ve had the dog eight years and only two incidents occurred,” exclaimed Wilson.

“It was a mauling!” replied Roy.

At one point, Officer McDonnell hushed Wilson, who replied, “She’s the one you should tell not to start,” referring to Roy.

Selectman Tom Millias, who in the past usually observes dog hearings quietly and then offers his thoughts toward the end, was no different this time. When Roy asked him if he had anything to add, he said, “I don’t think I have much more to offer,” but later engaged with Wilson.

   “It appears you don’t have control over the dog at all times, and that’s a problem for me,” he said.

      “Let me prove to you … give me an opportunity!” Wilson begged the Selectman, but to no avail.

      “You had two years to do that,” said Millias.

     Roy asked Callahan for her recommendation, and it appeared that she was trying to give Wilson a chance to prove himself, but he interrupted her repeatedly and she acquiesced to the board.

     Roy also asked Animal Inspector Brian Kling, who had interacted with Wilson and Rufus, for his opinion. “I’ll be blunt,” he said, “I don’t think Mr. Wilson should have a dog.”

   Roy then entertained a motion to euthanize Rufus, and the board voted unanimously to order the dog put down.

  In conversations with board members after the vote, all expressed difficulty coming to the decision, and none took the matter lightly.

   “Dog hearings are my least favorite part of this job,” said Millias.

   “I hate having to put down an animal,” said Roy, but noted it was the job of the Selectmen to protect the citizens (and dogs) of Halifax.

In other Halifax Board of Selectmen news:

  • Representative Kathy LaNatra visited the Selectmen. She was originally scheduled last meeting to attend with State Senator Michael Brady, and the Board reiterated issues that they had presented to him to address to her as well, including the ongoing issue of cars passing stopped school busses loading and unloading children.

• Marge Smith was appointed to the Council on Aging.

  • Noreen Callahan was reappointed Animal Control Officer.

• The next scheduled meeting of the Halifax Board of Selectmen is Tuesday, April 23, in the Selectman’s meeting room of Town Hall. The time is still to be announced.

Stormwater management changes

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HALIFAX — The Halifax Board of Selectmen met Tuesday, March 26, taking on a lengthy regular agenda and two executive sessions while also entertaining several appointments. The board heard a presentation on stormwater management mandates imposed by the federal government, news that MassDOT’s RMV division will no longer take reports by school bus operators of license plate numbers of drivers who were passing stopped school buses and had a visit from State Senator Michael Brady.

Halifax holds a stormwater management permit from the federal government, as required by the federal Environmental Protection Agency. In EPA parlance they are known as municipal separate storm sewer systems (or MS4).

The permit now requires the town to make significant changes to its procedures and bylaws, according to Annie Bastoni, a senior water resources consultant with Watertown-based VHB, Inc., a civil engineering firm hired to help the town comply with the new requirements. Bastoni made a presentation via telephone to the board.

Stormwater, she said, comes from snow melt and rain runoff, which picks up pollutants such as pet waste, leaves, motor oil, fertilizers, detergents and trash as it runs to waterbodies. The permit for the town’s stormwater management system, which was renewed July 1, 2018, contains new regulations not present in previous permits.

Bastoni explained what the new mandates from the EPA will mean for the town. She noted that the rules and regulations will only affect the “urbanized” portions of Halifax, where most new development is occurring, and not the whole town. She said the town could decide to apply the regulations across the entire town.

The town must follow six steps – or minimum control measures – and implement three bylaws at town meeting. The requirements at each step have varying degrees of complexity.

Steps one and two require the town to educate and reach out to townspeople to try to change behaviors related to stormwater runoff. Steps three, four, and five are the bylaws that must be approved. They regulate illicit discharge, construction site runoff control and post-construction site runoff control. The final step, six, requires the town to prevent and reduce pollution for town facilities.

The actions required by the town are extensive– everything from documentation of procedures, cataloguing equipment, conducting investigations and developing best practices to sweeping town-owned streets and parking lots twice a year.

Town Administrator Charlie Seelig noted that the town will incur additional expenses due to these mandates.

The board was informed by Seelig that MassDOT was no longer taking complaints from school bus companies regarding motorists who passs stopped busses while their red lights are flashing and stop signs displayed, as they previously had.

According to First Student, the town’s bus contractor, there was a form used to report license plate numbers collected by bus drivers that they would forward to MassDOT’s RMV division. The department is no longer collecting those forms, said Seelig. The bus company said it had thrown out the forms because they are no longer being accepted.

A MassDOT representative, Judi Riley, said, “The Registry of Motor Vehicles encourages school bus drivers to report to local law enforcement any incidents involving motorists who pass school buses that are actively operating with their lights on and signage displayed. In the past, the Registry has facilitated the collection of reporting forms, but determined that these serious claims should be vetted directly through law enforcement that has the ability to cite operators for this type of dangerous driving behavior.”

Halifax Police Chief Joao Chaves said, “I have been in contact with First Student and advised them to forward me the info on violations if they occur, and we will try our best to follow up on [them].”

State Senator Michael Brady, of Brockton, who represents Halifax as part of the Second Plymouth and Bristol district, sat down with the board. He was loquacious, speaking at ease about goings-on on Beacon Hill, but didn’t give the board much chance to ask questions or voice their concerns until the very end of their discussion.

Selectman Chairman Kim Roy thanked Brady for his help obtaining funds to help offset the costs of treating the Monponsett Ponds, which he said he was able to obtain through an appropriation. “We’re looking for revenue from every source,” he said.

The board also expressed frustration with the current model of charter school funding, which they said is unfair to the town. They asked Brady for assistance with charter school tuition reimbursement.

They also described special education as a “budget killer,” and asked Brady for assistance in changing the model for how towns are reimbursed from the state for special education expenses.

Seelig mentioned to Brady that the recycling market was changing, which he described as a “big-picture” problem. “The citizens of the commonwealth are mandated to recycle,” he said, but it’s getting more expensive for the town. Brady asked about Halifax’s recycling program, and said he’d look into what could be done to help the situation.

• The next scheduled Halifax Board of Selectmen’s meeting is Tuesday, April 9, at 7:30 p.m. in the Selectmen’s Meeting Room of Town Hall. unless otherwise posted.