Justin Douglas Kilburn, 29, of Kingston, plead not guilty as he was arraigned at Brockton District Court on Wednesday, June 6, charged with one count of motor vehicle manslaughter by operating under the influence of alcohol and motor vehicle homicide by OUI in the fatal crash May 10 that took the life of Diane Giordani, 52, of Plympton, and her German Shepherd dog “Blitz”.

Kilburn reportedly turned himself in to State Police, Norwell, Tuesday afternoon where he was arrested.  Following a dangerousness hearing, Kilburn remains in custody, held on $50,000 cash bail, with the condition that if he were to be released on bail, he would be required to wear a GPS monitoring bracelet, be confined to his home, not drive, and have no contact with the victim’s family.  The prosecutor had requested a $100,000 bail with those same conditions.  As of noon yesterday, Kilburn remained in custody.

It was reported that Kilburn tested 1.7 blood alcohol level at the time of the crash, more than twice the legal Massachusetts limit of .08.

Shortly after 6 p.m., Thursday, May 10, Giordani, who was driving a black 2015 Nissan Xterra east on Route 106, was hit head-on by a white 2005 Ford F-150 pickup truck driven by Kilburn.

Kilburn was ejected from his truck through the passenger window, landing in the road, suffering major injuries.  He was Medflighted to Rhode Island Hospital trauma center.

The head-on impact toppled Giordani’s SUV onto the driver’s side, trapping her and her German Shepherd “Blitz” inside.  County Road neighbors ran to assist, trying to get Giordano and her dog out of the SUV.  Both died at the scene. Plympton Fire/EMS, Halifax Police and Fire, and Middleboro Fire departments were all at the scene to extricate Giordani from the wreckage and extinguish a fire in the pickup truck.

Several witness accounts, including a closed circuit TV recording, agree that Kilburn was driving at a high rate  ofspeed when he crossed into the opposite lane and struck Giordani’s vehicle head-on.

Both vehicles were towed to the State Police barracks in Middleboro, where the case remains under investigation by State Police detectives with the CARS Unit and Crime Scene Services.

Shortly after 6 p.m., Thursday, May 10, Giordani, who was driving a black 2015 Nissan Xterra east on Route 106, was hit head-on by a white 2005 Ford F-150 pickup truck driven by Kilburn.

Kilburn had been ejected from his truck through the passenger window, landing in the road, suffering major injuries.  He was Medflighted to Rhode Island Hospital trauma center.

The head-on impact toppled Giordani’s SUV onto the driver’s side, trapping her and her German Shepherd “Blitz” inside.  County Road neighbors ran to assist, trying to get Giordano and her dog out of the SUV.  Both died at the scene, according to reports.

Plympton Police, Fire/EMS, Halifax Police and Fire, and Middleboro Fire departments were all at the scene to extricate Giordani from the wreckage and extinguish a fire in the pickup truck.

Both vehicles were towed to the State Police barracks in Middleboro, where the case remains under investigation.

A fatal head-on crash in Plympton took the life of a Sheffield Park woman following a horrific collision near 56 County Road just after 6 p.m. Thursday night, May 10.

The accident involving a pickup truck claimed the life of Diane Giordani, 52, of Sheffield Park who was driving a Nissan sport utility vehicle.

The operator of the pickup truck, Justin Kilburn, 29, who was reportedly ejected from his truck, was transported to Rhode Island Hospital trauma center via medical helicopter for treatment of his injuries.  Kilburn was listed in “good” condition, according to Rhode Island Hospital on Wednesday.

Plympton Police Chief Patrick Dillon told the Express that the State Police will be seeking charges against Kilburn, who is known to police, once their accident reconstruction report is complete.  He did note that alcohol was found at the scene.

Dillon was angry that this tragedy was one that in his opinion was “certainly preventable.”  Giordani’s dog, her German shepherd ‘Blitz’, also was killed in the crash.

“Society pays the price every day for people’s stupidity,” Dillon continued.

Neighbors gathered outside their homes before noon on Friday along the busy stretch of road and spoke with the Express.

A resident who did not want to give her name but lives directly across from the crash was visibly upset as she told how she and others tried to save the woman.

Several neighbors ran from their homes with fire extinguishers and tried to put flames out which were visible on the front hood of the pickup truck, according to first re-

Thursday, April  26, the Plympton Public Library hosted Daffodil Daze, a presentation  by local gardener Jane Schulze of Main Street.  Jane introduced the audience to the many types of daffodils she has growing in her garden, how to keep these bulbs happy and coming back to her garden for many years.  All participants were invited to bring home a daffodil bouquet.

Photos by Kathy Kierstead

Jane Schulze, Plympton gardener, shows Brenda Traynor the difference between the various types of blooms.

Debbie Batson, library director, left, looks on as a participant chooses daffodils for a beautiful bouquet to bring home.

Potential candidates are lining up to fill the open seat that will be left by State Rep. for the 12^th Plymouth District, Thomas J. Calter, as he steps down to accept the position of Town Administrator for Kingston.

As of Wednesday morning, Summer Schmalling, Halifax School Committee chairman, and Joseph Truschelli from Plymouth, both Republicans, have drawn nomination papers.  Democrats Daniel Zotos from Halifax, R Lindsay Wilson, II, from Kingston and Kathy LaNotra, a Kingston selectman, have declared their intentions, according to the Secretary of State’s Elections office. Candidates have until Tuesday, May 1, to return nomination papers with at least 150 signatures of registered voters, to secure a place on the primary ballot.  That election will be held Tuesday, Sept. 4.

There will not be a special election to fill the position.  The seat will remain vacant until the November election.  Calter told his constituents his office will remain open and his staff in place to handle their concerns.  They will be helped by Rep. Josh Cutler, D-Duxbury; Rep. Mathew Muratore, R-Plymouth, and Sen. Vinne deMacedo, R-Plymouth.

Kingston selectmen voted last week 4-1 to give the job of town administrator to Calter.  After negotiating a contract with the town, Calter announced that he would accept the position.

Calter told his constituents he will work through the budget hearings this week to support those articles that affect his region.  He has not, however, announced the date he will leave the Statehouse or the date he will begin in Kingston.

Kingston will be a short commute for Calter who has made his home in that town for many years. “My wife and I raised our children here,” Calter said.

He held the seat of Representative to the 12^th Plymouth District, serving the towns of Kingston, Plympton, Halifax, part of Plymouth, Duxbury, and Middleboro, since 2006.

Jessica Zeoli

Express correspondent

Continuing discussion from the past three meetings, the Plympton Board of Selectmen heard the current state of the draft for the proposed Earth Removal Bylaw, budget and warrants for the Town Meeting, as well as an update on the Fire Advisory Committees.

Up for discussion first was the Earth Removal Bylaw, presented by Linda Leddy. She told the board that she, Rick Burnet, Marta Nover, Brian Wick, Amy Conin, along with the guidance of selectman Mark Russo, had volunteered to develop a new Earth Removal Bylaw for Plympton as it is currently outdated according to state standards and the growing needs of the town. The goal of the bylaw is to take into consideration everybody involved in an application of an Earth Removal site.  Citizens, land owners, and wildlife all need to be considered to ensure the potential project is fair on all sides.  In developing the bylaw, volunteers met on several occasions and for many hours to adapt bylaws from surrounding towns, as well as edit sections to be better suited to Plympton’s needs.

The sudden action to construct a new bylaw was due to the rising concern of Ryan Vlaco of BRV I, Inc. in Middleborough, which is a sand and gravel company. He is a potential buyer of the Atwood property on Prospect Road and presented to the board several weeks ago his plan to expand a pre-existing cranberry bog, and also begin a sand and gravel removal operation that will require 100 trucks a day moving material for sale out of Plympton. Due to the unreasonable amount of trucks estimated for a small restoration project, many town and board members believe he has found a loop hole by claiming to be agricultural and exempt of needing to file an application. Without filing an application for an earth removal permit, he would be able to build a sand and gravel distributing company, without consent of the town.

To try to prevent similar companies from finding the same loopholes, the draft of the bylaw had three main edits to the version that was presented to the board last week.

The first main change to the draft was specifying which agricultural projects were exempt from filing an application for earth removal. These exempt projects would be normal construction and maintenance projects, including for existing bogs and farmland that operate under the state’s agricultural and wetlands laws. If new projects arise such as installing a new bog, or pond, then an application must be filed with the board of selectmen.

This portion also included the addition of a new section stating that any amount removed from a site more than 1,000 yards must also require an application.  This was heavily debated by a concerned resident, Rebecca Lipton. She stated, “If you have a project happening on one side of you and another project on the other, you would have about 75 to 100 trucks going by your house per day.” Another concerned resident asked the board to consider the typography of Plympton and the need to protect all the open land that Plympton has left.

After several other concerns of 1,000 yards being too large a quantity to allow an application, Marta Nover of the Bylaw Committee, suggested the quantities be discussed when the draft is sent to Town Council for approval.

The second change to the Earth Removal Bylaw was making sure it provided significant protection for the town’s residential properties, special environments, water, or any other qualities that give Plympton its rural character. Any applications that may harm Plympton’s valuable features would not be allowed.

The last change to the bylaw was constructing clear standards and procedures for applications so that residents, applicants, and the board can reference the bylaw for guidance at any point. Board member, Christine Joy, stated that the bylaw was “very well written, comprehensible, and transparent.”

The bylaw will be sent to Town Council, on Tuesday, April 10, for recommendations and approval. The bylaw is expected to be presented to Town Meeting, May 16, for a vote of the residents.

   Fire Advisory               Committees

The Fire Advisory Committees updated selectmen on their progress and the joint training for Plympton and Halifax Fire Departments to receive their Firefighter I/II certifications. Interim Chief Phil Curran of the Plympton Fire Department reported that both departments will begin their joint training session the first or second week in May.  Selectman John Traynor, the board member overseeing the Advisory Committees, discussed a meeting Wed. April 18 for all fourteen volunteers of the Fire Advisory Committees, and then a meeting the following Wed., April 25 between the two fire departments regarding shared services. Selectmen wanted to emphasize that the town is only exploring the option of shared services and have made no legal decisions yet.

FinCom Budget

The Finance Committee presented their approved budget for next fiscal year, as well as vote on approvals for the presented articles for the Annual Town Meeting. After evaluating all the recommended budgets for each committee in the town, the Finance Committee came up with a final budget of approximately $10,903,000 for next year, which is a 5.7% increase from last year. Local real estate taxes will not increase to that extent, only roughly 2.5% from last year. The Finance Committee presented their changes such as their decision to separate EMS services from medical supplies needed for the town, and a reduction of the budget for vocational technical students as less people registered for the program than expected.

Selectmen and the Finance Committee then discussed each article presented for the Annual Town Meeting one by one, providing recommendations or approval for its current state. Out of the 27 presented articles, three were not recommended by both parties, as they believe there are other options worth exploring that could exclude the need for those articles this year.  For example, Article 13, which was not recommended, requested funds for hiring a specifically named consultant for map research for the town. Both selectmen and FinCom believed there could be more exploration of costs for consultants for the town and they did not recommend the article for this year.

In other news:

Council on Aging Warrant-

The director of the Council of Aging, Joy Marble, met with the board requesting $55,000 for the COA budget so they may be able to get a new van to help with their services. The current van is getting old, and in need of repairs, as the Council on Aging often transports senior citizens to distant towns for medical appointments such as Cohasset causing wear and tear on the vehicle. The van is also a regular minivan that is not handicapped accessible, and riders often have a difficult time getting seated.

With the increase to the number of people being served by the COA, the van is not always available. Because of this, volunteer drivers are using their own cars when transporting seniors to so-called  “social events” such as shopping and other non-medical appointments. Director Marble is trying to eliminate the need of volunteers to use their own vehicles with the purchase of the new van.   The present van would be maintained for these uses.

Possibilities of a donated van from Best Chevrolet, or cashing in an unused town sedan were discussed among the board, leading to their decision to pass over the article for this year, which was presented as Article 24. The board plans to explore this idea over the coming year, and bring a solution to next year’s Annual Town Meeting.

Animal Control Officer Update

The board contacted the former Animal Control Officer, Frank Bush, who said he was not interested in serving in that position again. The board is now exploring any surrounding towns that would be interested in sharing animal control services with Plympton. If no suitable candidates are found, the town will post the position for any interested applicants.

CORI Policy

Elizabeth Dennehy, Town Administrator, presented a new CORI policy last week, which is beginning to be utilized for new employees for the town. The application is simpler, and excludes the Dennett Elementary School and Plympton Police Department since they have more in-depth procedures for CORI checks. There were questions regarding this policy such as if current employees are now needed to submit a CORI check, even though they did not require one upon hire. The board authorized Elizabeth Dennehy to meet with legal counsel regarding this.

The next open  meeting for the board of selectmen is Monday, April 23, at 6 p.m.

Jessica Zeoli

Express correspondent

The Selectmen’s meeting on Monday, March 19, had standing room only as members of the Plympton Fire Department and numerous intrigued residents attended to hear firsthand the report of MRI, Municipal Resources, Inc.

Plympton had hired Municipal Resources, Inc. to conduct an assessment of the town’s fire and emergency medical services (EMS) and provide recommendations to help the town develop a plan to maximize its resources.

Bob Loomer of MRI spoke with the aid of a Power Point presentation detailing the scope of the report and its recommendations to the town.  Loomer told the group that he himself is a retired fire chief of a small town and can empathize with the problems of maintaining a call fire department. The main goals of the report are to indicate the fiscal impact of EMS service on taxpayers, identify areas of improvement, and help assist with the beginning steps of sharing services with other surrounding towns, if decided upon.

The Plympton Fire Department provides fire, rescue, and EMS services at the advanced life support (ALS) level. At the time of the assessment, the roster listed three full-time personnel, and 25 part-time or on-call members. Of those 25, eleven were firefighters/paramedics, eleven were firefighter/EMT Basics, two were EMTs, and one was a firefighter.

The assessment of the fire and EMS services included a cost/revenue projection for a five-year period, response times compared to national standards, areas of concern within the Plympton Fire Department to be questioned and addressed by shared service towns, a comparison of success compared to privatized EMS services, to see if the needs of the town are being met, and lastly, the number of on-call workers and the distance to Plympton from their residence.

To conduct their research, MRI inspected the Plympton Fire Department property, including vehicles, response time logs, and conducted interviews with department members. The general consensus, Loomer reported, was that members of the Plympton Fire Department feel they are lacking direction, and are unable to  fulfill the entirety of their job requirements, and that the department itself is small, with inadequate housing for the staff, and dangerous due to the lack of an exhaust filtration system. The report also expressed concern for the lack of staff with a Firefighter I/II certification, which is a national standard, not legal requirement, and also response times.

MRI revealed only 18 out of 35 personnel had documented Firefighter I/II training or certification. They also calculated that more than 50 percent of the time, first responders took longer than the national standard to arrive at the scene. Andrew Norton, a current member of the Plympton Fire Department, questioned the accuracy of the numbers reported, as the department takes pride in their fast response times.  Norton said he can include instances of a hiccup in the system stating, “On the day of the storm March 3, it was clocked that first responders arrived at the scene of an electrical fire after 27 mins…It had actually taken us two minutes to arrive, but truck two arrived 25 minutes later.”

Other previous fire department personnel for the town of Plympton expressed the value of experience on scenes of events, and how their experience should be considered comparable to the Firefighter I/II certification. Town members also addressed the overwhelming amount of responsibilities put upon EMS and Fire services, and the lack of availability to receive the certification, which again is a national standard, not a legal necessity.

After close examination, MRI has suggested recommendations in order to maximize Fire and EMS resources for the town. Those included providing specific on-site training for members that would consist of six hours a month, or 72 hours a year. By doing so, MRI believes it will provide the members of the department with some of the structure they feel is lacking.

Next, MRI suggested aiming for a goal of eight minutes response time, 90 percent of the time for first responders, and to arrive in less time for calls anywhere under two miles from the station.

The report further suggested that the PFD bring its equipment down to the right size for the town and for the department.  Loomer said that MRI found some equipment was not useful and likely cost more to maintain than it was of value to the department.  Because there is so little room in the fire station, it is difficult to maintain the equipment there and things are not kept in good order.  A review of the equipment on hand compared to the equipment needed would help the department.

MRI stressed it did not suggest privatization for the ambulance service, since their research shows that it would cost more than the town is currently paying, and that the town should continue to consider shared services with Halifax, or possibly other surrounding towns. The last recommendation is to apply for SAFER grants through the state, that would provide funding for improved equipment and property.

Selectman Chairman Christine Joy stated that the next step Plympton will take is to create a Fire Advisory Committee to help the town and the fire department to begin reaching some of the goals set by the recommendations from MRI. Any volunteers interested in joining the committee are encouraged to come forward.

In other business:

Kimberly DeWolfe was appointed as a full-time firefighter/paramedic for the town of Plympton. She has been an EMT since 2003, and a medic since 2010, where she has worked under intense situations of Dorchester and Brockton, and received her Firefighter I/II certification.

The meeting ended with positive feedback for the Historical Commission meeting on Saturday, March 17. There, it was announced there will be a Town Clean Up Day coming this spring, which will be announced at a later meeting.

There were also concerns for the marching band for the Memorial Day Parade, as the school is no longer available. Any interested musicians are encouraged to volunteer and may contact the town hall.

Dates to Remember:

Monday, March 26- Selectmen’s Meeting

Monday, April 2-Selectmen’s Meeting

Monday, April 9-Selectmen’s Meeting

By Deb Anderson

Express staff

An angry crowd left Monday night’s selectmen’s meeting with now former Fire Chief Warren Borsari.  Selectmen announced their decision not to renew Borsari’s contract that runs through June 30, and placed him on paid administrative leave until that date. 

Borsari would not be allowed to re-enter the fire station, except accompanied by a town official to collect his personal items.

Many in the audience, filled with people supporting Borsari, spoke in his defense, citing the actions of the selectmen were unwarranted and unduly harsh. 

Fire Chief Warren Borsari

Jack Collins, an attorney introducing himself, said he often represents fire chiefs in his profession, and then lobbed various grenades into the already fired-up crowd, saying that if the audience believed that the decision not to renew the contract was just made Monday night, he “… had a bridge to sell you.” 

Collins also said that if the townspeople wanted to take back their town from this board, they should look up how to hold a recall election.  He further said  that he had never seen a town put someone on administrative leave like this.  “What do we do next?  Could the Board of Selectmen change their minds? Not likely… All this was already in place …  the political process is yours,” he told the group. 

Selectman Chairman Christine Joy responded that she is up for re-election in May.  Her vote not to renew the fire chief’s contract was based on many issues, and she stands by her decision.

A member of the audience who did not identify himself asked about the grant that had been awarded to Plympton for the purpose of studying the feasibility of combining the Halifax and Plympton Fire Departments. “And, I understand that Halifax got an even bigger grant!”

Joy answered that it was just that, funds to support a study.  It is the next logical step “to examine our options,” she said. 

Joy told the group that Municipal Resources, Inc., will be at the next meeting of the Board of Selectmen, Monday, March 19, to present their report, and invited all to attend. Many indicated they would do just that.

The Fire Department had submitted a letter to selectmen signed by a couple dozen members in support of Chief Borsari. 

A 108-page report by the firm Municipal Resourses, Inc., was released Monday night on the town’s web site, and cited breaches in protocol that could be harmful or dangerous, and leave the town open to litigation as a result. 

Among these were the cabinet, where drugs and controlled substances for the ambulance service are stored, left unlocked, with the hasp of the padlock open, when an MRI representative stopped for a field visit.  Such violations of security can leave the town open to significant liability and put the department’s Advanced Life Services provider certificate from the state at risk.  “This type of security breach is unacceptable and reflective of deeper administrative oversight and supervision deficiencies within the organization,” stated the report on page 31.

Training of the members of the Plympton Fire Department was called into question throughout the MRI report, calling for the town to support the department in more training for its members and to set minimum standards for each level of office. 

The Plympton Fire Department’s stated goal was to staff its station with a two-person cross/trained Initial Response Force (IRF) to be available to answer any call, whether for medical or fire suppression.  According to the data provided by Chief Borsari, and the data collected by MRI, the department does a good job at staffing the ambulance at the ALS level, but “having trained fire coverage as part of the IRF appears to be rarely achieved.”

The MRI report also stated that more than 50 on-call personnel have been terminated from the department since January 2014.  “There are widely divergent perspectives within the department regarding the reasons for these terminations or separations.  This situation certainly contributes to the perception that there is less than a true commitment by the department leadership to the call force.”