HALIFAX – Tuesday night, at the continued dog bite hearing, selectmen voted to euthanize a young male German shepherd whose apparently unprovoked attack caused great harm to a young woman who was visiting at Tarawood Kennels with kennel owner Jennifer “Bobbie” Choate.

The victim was present at the hearing, with her arm in a cast and a bandaged foot, as were the dog’s former owners, testifying on behalf of the dog.

Choate told selectmen that she has a person willing to take the dog, a man who works with problem dogs.   This person is out of state, she said.

The people who raised the dog had no incidents, Choate said.  She doesn’t know what triggered the attack.

The couple who raised the dog came to the hearing with their infant son, and told the board that the dog had been raised in their family, with an infant, a toddler, and two other children, and had no problems with the dog being aggressive. 

The Halifax Animal Control Officer Noreen Callahan told selectmen that she had seen the dog and would characterize him as an Alpha dog, high energy, appearing healthy.  When asked by Selectman Kim Roy if she thought the dog could be placed, Callahan answered, “I don’t see him being placed with a family.” 

Callahan furthered, “If I was at the site of the attack, I could say more,” but not seeing the attack, the reason for the attack is difficult to discern.

Roy said her biggest concern is for the liability of the town, should the dog attack again.  When Selectman Tom Millias said that any agreement to transfer ownership of the dog would need to be iron-clad in that the Town of Halifax could in no way be held liable.

Roy told her board she didn’t want to spend even a penny of the townspeople’s money to have an attorney draft such an agreement.   “This was a vicious attack.”

Millias asked if the person out of state had actually agreed to take him.  Choate said he did, but that she, too, was concerned about the liability if the dog were to bite again.

Roy asked the victim if she had ever had a dog bite her before, and she answered that she had, but that this incident was unprovoked.  The young woman suffered a broken arm and as many as 29 puncture wounds, and an injured foot.

Troy Garron, selectmen chairman, told the assembly, “You’re playing Russian Roulette … I’ve been around dogs all my life.” Even though he said he didn’t want to see the dog euthanized, he wasn’t comfortable passing the problem to someone else.

Milias said it is unfortunate to ship the dog out of state to then potentially hurt someone else.

Roy moved that the dog be euthanized, but added, “We all feel awful!” 

Town administrator Charlie Seelig noted that there is a 10-day appeal period from March 28, the date of the hearing, which would end April 7. 

Choate said she would not appeal.

The dog is still under 45-day quarantine, which is required by law.

In other business, selectmen:

• appointed Joanne Andrews as a Republican member of the Board of Registrars.

• appointed Richard Gilcoine as fence viewer, effective June 30.

• congratulated Town Clerk Barbara Gaynor for her certification as a Commonwealth Town Clerk.

• signed a one-day permit for MudFest Sunday, June 18, Father’s Day performance. 

Tuesday, March 7, Halifax voters will convene at the Halifax Elementary School, 464 Plymouth St., Multi-Purpose room, at 7:30 p.m. for the purpose of conducting a Special Town Meeting.  The warrant, which includes eight articles, two that cover funding for repairs and renovations to the Halifax Elementary School, zoning changes for commercial indoor or outdoor amusements, PILOT (payment in lieu of taxes) agreement for a Solar Energy installation on Summit Street, collective bargaining, and a nonbinding vote to voice the approval or disapproval of the townspeople of Halifax regarding the sale of Silver Lake School District Land to the Town of Kingston, among others.

Saturday, March 11, a special town election will be held to approve two questions for repairs to the Halifax Elementary School.  Voting will take place in the Multi-Purpose Room at the Halifax Elementary School, 464 Plymouth St., from 10 a.m. to 6 p.m.

If the school repair project or projects are approved both at Town Meeting and at the Special Election, work can be done during the summer months when school is not in session.

The first of the two articles asks for $7,262,124 for repairs to the roof of the Elementary School, windows, doors, siding, and tree work, as well as the architectural and engineering support that the project would need.  Halifax will receive approximately $3,472,607 from the SBA (School Building Authority) toward the project.  The remaining sum will be funded through a 20-year bond that will add .4946 to the tax rate, or about $147.25 to the tax on a median valued house.  This will decrease each year as the debt is paid, and by year 20, will be -0- and no longer included in the tax rate.   In order to do this, the amount needs to be exempted from the so-called Proposition 2 ½.

The second school repair article asks for  $687,876 to work on the fire suppression system (sprinkler system) and security system.  The Finance Committee will make its recommendations at Town Meeting.

The HES roof was last replaced in 1993-94, 23 years ago. 

Absentee ballots are available at the Town Clerk’s office for those not able to vote in person.  For details on how to vote by absentee ballot, call the Town Clerk at 7981-293-7970.

The complete Special Town Meeting warrant follows:

ARTICLE 1:

To see if the Town will vote to appropriate, borrow or transfer from available funds, $7,262,124 to be expended under the direction of the Halifax School Building Committee for repairs and renovations to the Halifax Elementary School, located at 464 Plymouth Street, including but not limited to the roof, windows, doors, siding, and trees, including but not limited to any architectural, engineering, and administrative work associated with this project; which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program and for which the Town has applied for a school construction grant from the Massachusetts School Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA’s Board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project, any project costs the Town incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town.

Finance Committee Recommendation at Town Meeting

ARTICLE 2: Proposed by the Board of Selectmen

To see if the Town will vote to appropriate, borrow or transfer from available funds, $687,876 to be expended under the direction of the Halifax School Building Committee for repairs and renovations to the Halifax Elementary School, located at 464 Plymouth Street, including but not limited to the fire suppression system and security system, including but not limited to any architectural, engineering, and administrative work associated with this project.

Finance Committee Recommendation at Town Meeting

ARTICLE 3: To see if the Town will vote to amend Chapter 167-7(C) (Schedule of Use Regulations) by changing to the following from:

Commercial indoor or outdoor amusements, recreation places, or places of assembly, excluding outdoor movie theatres [See § 167-7D(6)], adult clubs, adult mini motion- picture theatres and adult motion-picture theatres Agricultural-Residential Business Industrial Industrial-2 Conservancy

(AR) (B) (I) (I-2) (C) N Y SP N SP

(6) Commercial indoor or outdoor amusements or recreation places, permitted in the B District and allowable by special permit from the Board of Appeals in the I and C Districts. This excludes outdoor movie theatres. It requires that the building be so insulated and maintained as to confine any noise to the premises and that it be located at least one hundred (100) feet from a residential district.

To:

Commercial indoor or outdoor amusements, recreation places, or places of assembly, excluding outdoor movie theatres [See § 167-7D(6)], adult clubs, adult mini motion- picture theatres and adult motion-picture theatres

Agricultural-Residential Business Industrial Industrial-2 Conservancy (AR) (B) (I) (I-2) (C)

SP Y SP N SP

(6) Commercial indoor or outdoor amusements or recreation places, permitted in the B District and allowable by special permit from the Board of Selectmen in the AR, I and C Districts. This excludes outdoor movie theatres. It requires that the building be so insulated and maintained as to confine any noise to the premises and that it be located at least one hundred (100) feet from a residential district.

And to amend Chapter 167-12 (Density regulations for specific uses) from:

D. Commercial indoor or outdoor amusements, recreation places or places of assembly must be located at least one hundred (100) feet from a residential district.

To

D. Buildings for commercial indoor or outdoor amusements, recreation places or places of assembly must be located at least one hundred (100) feet from a residential district. and to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 4 To see if the Town will vote to provide the authority for the Board of Selectmen (or their designee, The Board of Assessors) to negotiate a proposed Solar Energy PILOT Agreement between the Town of Halifax and SunConnect MA12 LLC on behalf of the Town and to take any other action relative thereto.

Proposed by the Board of Assessors

Finance Committee Recommendation at Town Meeting

ARTICLE 5 To see if the Town will vote to approve the Agreement for Payment in Lieu of Taxes for Real and Personal Property (the “PILOT Agreement”) as approved by the Board of Selectmen on February 28, 2017 among and by the Town of Halifax and the solar energy generation company SunConnect MA12 LLC as such PILOT Agreement was negotiated by the Board of Assessors on behalf of the Board of Selectmen and to take any other action relative thereto.

Proposed by the Board of Assessors

Finance Committee Recommendation at Town Meeting

ARTICLE 6 To see if the Town will vote to request that the Board of Selectmen notify the Silver Lake Regional School Committee that the Town of Halifax recommends approval or disapproval of the proposed sale of land owned by the Silver Lake Regional School District to the Town of Kingston for a police station in the Town of Kingston and to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 7 To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund the provisions of the collective bargaining agreement for Fiscal Year 2017 between IAFF, Local 3159 (Firefighters) and the Town of Halifax, including a provision that the Town pay the difference in pay between the pay received by an employee in military service and the amount that the employee would receive working for the Town or take any action thereon to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 8 To see if the Town will vote to accept Massachusetts General Laws, Chapter 41, Section 110A allowing Town departments to remain closed on Saturdays or take any action thereon to take any other action relative thereto.

Proposed by the Town Clerk

Finance Committee Recommendation at Town Meeting

Special Election March 11

And on Saturday, March 11, 2017 from 10 a.m. to 6 p.m. to meet at the Halifax Elementary School:

QUESTION 1

Shall the Town of Halifax be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued to pay for the costs of repairs and renovations to the Halifax Elementary School, including but not limited to the roof, windows, doors, siding, and trees, including but not limited to any architectural, engineering, and administrative work associated with this project?

QUESTION 2

Shall the Town of Halifax be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued to pay for the costs of repairs and renovations to the Halifax Elementary School, including but not limited to the fire suppression system and security system, including but not limited to any architectural, engineering, and administrative work associated with this project?

___ Yes ___ No

Plympton Selectmen Thursday night, Feb. 16, announced at a special selectmen’s meeting they had reached an agreement with Robert Smith, R&M Realty Trust and Rocky Harvest, LLC, ending years of litigation which has cost the town of Plympton more than $83,000 in legal fees, according to Selectman Christine Joy.

The terms of the settlement agreement were disappointing, not only to selectmen, but also to the few townspeople present. 

According to the new agreement, Plympton will receive $20,000 as a one-time payment for all of the water payments held for years while litigation was pending, and $13,500 per year as an annual fee, beginning January 3, 2017.  So Plympton will receive $33,500 in fees March 1, and $13,500 per year going forward..

John Henry asked the board what happens to the approximately $200,000 in fees over the years which have been held in escrow – “What happens to that?”

Joy answered, “We got what we could.  $20,000 was what we were able to get.”

Henry said that the town should have appealed the verdict of last summer when the town lost a major piece of its litigation.  “I heard that the judge fell asleep twice!”   He also pointed out that town counsel Ilana Quirk, from Koppelman and Page, Plympton’s regular counsel, did not represent the town at this trial and instead sent an “underling” to present the case that was lost.  Henry continued that the agreement is “blatantly unfair to Plympton.”

    Joy answered that she disagrees.

    Selectman John Traynor explained that after losing the case last summer, “what rights did we have?  We weren’t going to win this.”  Selectman Joy further noted that had they appealed that case and lost, “We would have lost everything.”

Traynor explained that the new agreement reiterates the original hours of the Sept. 26, 2002 agreement for judgment limiting the number of tanker trucks to 15 per day, only during the hours of 7 a.m. to 7 p.m. Monday through Friday, and 10 a.m. to 4 p.m. on Saturday.  There is to be no operation of water sales or tanker truck traffic on Sundays, and 10 federal holidays throughout the year.

According to the settlement agreement, further disputes will be settled in arbitration, less expensive than in court.

Last summer’s lost court case upheld former Selectman Joseph Freitas’ letter on Selectmen’s stationery allowing Rocky Harvest to operate at any hour, even though it was never voted by selectmen. In fact selectmen were only made aware of the letter when neighbors complained about the increasing truck traffic and Rocky Harvest produced the letter as a defense.

Town Counsel Quirk, according to Henry, said that Freitas did not have the authority to write such a letter, and in fact the full board, had they voted on it, would not have had the authority to lift the court’s mandated hours of operation.

In summary:

Plympton has entered into a settlement agreement to acknowledge that Rocky Harvest LLC is a successor in interest to the 2002 Agreement for Judgment and that the 2002 Agreement remains in effect and that Rocky may continue commercial water extraction so long as the requirements of the 2002 Agreement are satisfied and the uses at the 225 adjacent farm are agricultural.

Rocky’s agreed to pay Plympton $20,000 and to adhere to the original hours of operation negotiated in the 2002 Agreement for Judgment – not the hours set forth in the 2008 Freitas letter – and to pay the town an annual fee of $13,500.

Charlie Seelig

Special to the Express

The Town of Halifax will hold a special town meeting on Tuesday, March 7, 2017 at 7:30 p.m. in the Multi-Purpose Room in the Halifax Elementary School.

The warrant includes the following articles: two articles authorizing borrowing for repairs to the Elementary School, one for $7,262,124 for work on the roof, windows, doors, siding, and trees, the other for $687,876 for work on the fire suppression system and security system.

The other articles include a change in the zoning by-law regarding commercial indoor or outdoor amusements, two concerning a PILOT (payment in lieu of taxes) for a solar farm on Summit Street, a non-binding article concerning the possible sale of land by the Silver Lake Regional School District to the Town of Kingston for a police station in Kingston, a proposed change, dealing with pay while serving in the military, in the contract with firefighters, and acceptance of a State statute regarding the opening of Town departments on Saturday.

A copy of the warrant is available at http://www.town.halifax.ma.us/Pages/HalifaxMA_Bcomm/Selectmen/townmeetings/20170307stm-warrant.pdf.

In connection with the two proposed articles concerning repairs to the Elementary School, the Town will hold a public presentation concerning the project on Wednesday, February 15 at 7pm in the Multi-Purpose Room of the Elementary School.

Approval of the two appropriations for the school project is contingent upon approval of debt exclusions for this project. The debt exclusions will be on the ballot at a special town election on Saturday, March 11 from 10am to 6pm at the Halifax Elementary School Gym.

If approved, the Town will receive approximately $3,472,607 from the Massachusetts School Building Authority to help fund the project. The remaining amount, $4,477,393 would be paid through a 20-year bond. The cost of the bond would increase the tax rate by $0.4946 and the additional taxes on a median value house would be $147.25. These amounts would decrease in subsequent years. At the end of the 20-year bond, these amounts would no longer be included in the tax rate.

These repairs have been proposed because of the age of these parts of the school. The roof was last replaced when the last addition was constructed back in 1993-1994. The windows and doors that will be replaced are either older than that or can be significantly improved with modern models. A tour of the outside of the siding will show significant decay. The trees in the courtyard need to be removed as part of the work on the roof. The fire suppression system is leaking in a number of places. The security system needs to be updated to meet the standards set in the other school buildings in the district.

The Town Meeting is scheduled for next month so that if the school repair project is approved, the work can begin this summer. If the Town waited until May to approve the project, then the work would have to wait until the summer of 2018.

ownmeetings/20170307stm-warrant.pdf

In connection with the two proposed articles concerning repairs to the

Elementary School, the Town will hold a public presentation concerning

the project on Wednesday, February 15 at 7pm in the Multi-Purpose Room

of the Elementary School.

Approval of the two appropriations for the school project is contingent

upon approval of debt exclusions for this project. The debt exclusions

will be on the ballot at a special town election on Saturday, March 11

from 10am to 6pm at the Halifax Elementary School Gym.

If approved, the Town will receive approximately $3,472,607 from the

Massachusetts School Building Authority to help fund the project. The

remaining amount, $4,477,393 would be paid through a 20-year bond. The

cost of the bond would increase the tax rate by $0.4946 and the

additional taxes on a median value house would be $147.25. These amounts

would decrease in subsequent years. At the end of the 20-year bond,

these amounts would no longer be included in the tax rate.

These repairs have been proposed because of the age of these parts of

the school. The roof was last replaced when the last addition was

constructed back in 1993-1994. The windows and doors that will be

replaced are either older than that or can be significantly improved

with modern models. A tour of the outside of the siding will show

significant decay. The trees in the courtyard need to be removed as part

of the work on the roof. The fire suppression system is leaking in a

number of places. The security system needs to be updated to meet the

standards set in the other school buildings in the district.

The Town Meeting is scheduled for next month so that if the school

repair project is approved, the work can begin this summer. If the Town

waited until May to approve the project, then the work would have to

wait until the summer of 2018.