The Halifax Special Town Meeting was held on the evening of Tuesday, Sept. 21 at the Halifax Elementary School. Unlike the previous attempt to hold the meeting on Sept. 8, there was a quorum. Town Moderator Robert Gaynor reminded those in attendance to remain civil with one another throughout the meeting. The articles were discussed and voted on out of order.   

Article 17 generated the most debate and discussion. A yes vote would remove the buffer restriction requiring marijuana dispensaries to be 500 ft. from establishments with an alcohol pouring license. Board of Selectmen Chair Gordon Andrews said the Selectmen recommended the article by a vote of 2-1. The Finance Committee also recommended the article as well. Chair of the Planning Board Gordon R. Andrews said the Planning Board also recommended.

A resident spoke saying, “I don’t believe this would be appropriate for our town; we took provisions years ago to put this by-law into effect to control these things and now if you got somebody from the outside that wants to come in, we have to change our by-laws to accommodate them.” He continued, “In my opinion, that’s putting the wolf in charge of the hen house.”  Another resident, who said she was a bartender in town, said she was in agreement with the previous speaker.

Another resident spoke in favor of removing the buffer restriction stressing the importance of recognizing the ways in which these establishments help the town. Resident Summer Schmaling, who is on both the Silver Lake Regional School Committee as well as the Halifax Elementary School Committee, reminded those present that the town spent thousands of dollars a few years ago for a study focusing on how the town could bring in more businesses as the tax revenue was falling predominantly on the backs of residents. She said that the town should not push these businesses away.

Phil Tringali of Walnut St. took to the microphone saying that he would be meeting with the Board of Selectmen the following Tuesday to propose a retail marijuana store in Halifax. Tringali, who noted that he has used medical marijuana for cancer, said he has worked for months to open up a store within all of the town’s regulations. “The plan for a business doesn’t take place over night; this is a two-year business plan with a lot of money involved. Every time I look at the zoning, the guidelines you’ve given me in the town to do this, you change it,” Tringali said. “How do I do business if you change it every six months?,” Tringali asked. He was met with some applause as he took his seat.

Another resident spoke saying that while she previously voted against allowing retail marijuana facilities in town, she now feels differently. She said that seeing how well-run they are and how little traffic they generate has changed her mind. Another resident spoke saying that most people who purchase from these stores are not using the product at the store. He said he didn’t believe there would be an issue with people leaving the store impaired. Yet another resident said he was not ready for a marijuana establishment in the center of town. He recommended conducting a study on the impact such an establishment would have on the town as well as holding a public forum or people to speak on the matter. He was met with significant applause.

Town Administrator Charlie Seelig spoke saying, “the primary money that the town would receive would be from the sales tax; we would collect three percent on the gross revenues of any marijuana store here in Halifax but obviously that depends on their actual revenues.” He also mentioned the community impact fee saying, “it’s related to the cost the community incurs on having that store and that’s very difficult to prove in many cases.” He also said that there are currently many possible venues for these stores. The article failed to pass leaving the restriction in place.

Article 14, which was proposed by the Police Chief, would give the Board of Selectmen instruction to file proposed legislation with the Massachusetts State Legislature that would exempt all members of the Halifax Police Department from Chapter 31 of the General Laws. The Finance Committee agreed to give no recommendation on the article. Chapter 31 of the General Laws is Civil Service. Chief Joao Chaves spoke to the article explaining that it would rescind the vote from 1968 that placed the Halifax Police Department under Civil Service. He explained that the Civil Service system refers to two state agencies, the Human Resources Division (HRD) and the Civil Service Commission (CSC). He said that Civil Service was developed more than a century ago to protect against political influence in the hiring process. He continued, “Civil Service has evolved into a rigid, inflexible, and highly bureaucratic system that operates slowly at best.” He explained what he sees as other failings of the system including the ways in which it negatively impacts the Halifax Police Department’s ability to hire certain officers, including Halifax residents, over others. Chaves said it also impacts the ways in which officers are promoted and disciplined. He said it would not affect the Fire Department as they are not part of the Civil Service system.

Schmaling asked if keeping Civil Service would provide protection against nepotism. Chaves said, “We would be reaching out to get the best applicants.” Of Civil Service, he said that it forces him to hire whoever does best on the exam even if that person is right out of high school rather than someone who may have the necessary life experiences to succeed on the force. Another resident asked why now. “Again, the problem that every department is finding right now is finding good candidates,” Chaves said.

Resident and Planning Board member Amy L. Troup asked why the Finance Committee did not have a recommendation. The Committee explained that at the time they did not have access to the Chief’s presentation. “The Committee members generally felt that Civil Service was not the way to go but that we didn’t have a symmetric and complete picture because we didn’t know what was coming in its place,” Chair Thomas Connolly explained. Troup also said that while right now we have a “great chief,” someday we might not. The article passed by a smaller majority than the ones before it.

Several articles were voted on and easily passed to approve the bargaining agreements between the town and various agencies for fiscal year 2022. Article 2 funds the agreement between the town and AFSCME AFL-CIO Union Council 93, Local 1700 (Mixed Unit). Article 3 funds the agreement with the firefighters. Article 5 funds the agreement with the Massachusetts C.O.P. Local 459 (Sergeants). Article 6 funds the agreement between the town and the Halifax Association of Police Patrolmen. The Board of Selectmen and the Finance Committee recommended all of these articles.

Article 10 would authorize the Board of Selectmen to give the Massachusetts Department of Fish and Game a parcel of town owned land located off Aldana Rd. The exchange is part of a larger, ongoing plan between the town and the Department of Fish and Game. Both the Finance Committee and the Board of Selectmen recommended the article and it passed with the necessary two-thirds vote.

Article 11 to raise and appropriate or transfer funds to purchase, equip, and install a public address (PA) system for the Great Hall in the Halifax Town Hall passed. Article 12 to raise and appropriate or transfer funds for the maintenance and other expenses related to the inspectional services vehicle also easily passed. Article 9 to transfer $26,608 from the Water Department Water Revenue Account to purchase and equip a new truck for the Water Superintendent was recommended by both the Board of Selectmen and the Finance Committee. It passed easily. Article 13 was recommended by both the Finance Committee and the Board of Selectmen. The article would raise and appropriate or transfer funds distributed from the Commonwealth Transportation Infrastructure Fund to address the impact of transportation network services on municipal infrastructure such as roads and bridges. The article passed unanimously.

Article 15 to raise and appropriate or transfer funds in the amount of $130,980 to be added to the $4,725,192 appropriated at the Annual Town Meeting last May for the Silver Lake Assessment easily passed. The Board of Selectmen and the Finance Committee both recommended the article.

Article 16, which would raise and appropriate or transfer funds in the amount of $12,000 to be added to the $19,000 appropriated at the Annual Town Meeting last May for Water – Retirement, easily passed. Article 19 to raise and appropriate or transfer funds in the amount of $12,000 to purchase and maintain electronic/solar traffic safety and signage easily passed with the recommendation of both the Board of Selectmen and the Finance Committee.

Articles 1, 4, 8 and 18 were passed over.

The Silver Lake Regional School Committee held a joint meeting with Union 31 as well as Dennett and Halifax School Committees on August 10. Vice Chair Eric Crone led the Silver Lake School Committee and chaired the meeting as Chair Paula Hatch was having technical difficulties. Sheila Vaughn called the Kingston Elementary School Committee meeting to order, Summer Schmaling the Halifax Elementary School Committee meeting, and  Jon Wilhelmsen the Plympton Elementary School meeting.

Superintendent Jill Proulx offered to begin with an explanation of the latest guidance from the Department of Elementary and Secondary Education (DESE) and the Department of Public Health (DPH). Proulx said that both Departments “strongly recommend that all students in kindergarten through Grade 6 wear masks when indoors except students who cannot do so due to medical conditions or behavioral needs.” She said that they noted that masks aren’t necessary outdoors and may be removed to eat indoors. Both departments also strongly recommend that masks be worn by all unvaccinated inhabitants of the school regardless of whether they are staff, student, or visitor. “Any child or family member who chooses to mask should be supported in this choice,” Proulx read from the guidance. All staff and students are mandated to wear masks on school buses and in a medical setting.

Proulx said that a new test and stay protocol will soon be released by DESE and the DPH which will allow asymptomatic close contacts to remain in school while being tested daily rather than quarantining at home. Vaccinated staff and students will be exempt from quarantine. Proulx told the school committee members that they had also been provided with a letter from the school pediatrician as well as links to the masking recommendations from the American Pediatrics Association, the CDC, and the Massachusetts’ Association of School Counselors. “All advocating, in their own language, for universal masking in schools regardless of vaccination status,” Proulx said.

An attorney was present to discuss recommended policy changes. He said that the Committees present could make a determination that night regarding masking that would fall into one of three categories. The first would be universal masking, the second would be to adopt DESE guidelines, and the third would be not to require masks except for school transportation and the public health department. He said that he has had discussions with DESE on two issues, the first being the right to adopt masking policies more stringent than that required by them (this is allowed) and the second is in regard to student discipline when a student is required to but refuses to wear a mask. “The legal department of DESE has told me that they will be issuing additional recommendations and guidelines,” he explained. He further said that special legislation mandating universal masking may be forthcoming though he noted he did not know if it would pass and if the Governor would sign it. He advocated for the Superintendent to be given the authority to make changes as necessary.

Crone then opened the discussion to questions and comments from the various committees alternating between them. Andrews began asking, “If we go with a non-mask requirement and parents do not feel like they can send their students to school without everyone being required to wear masks, what are we required to provide for them – anything at this time?” The attorney responded that the child would be truant in that case. The flipside of that would also be true where if a mask is required as a policy and a caregiver elects not to send their child due to that policy, that child would also be truant. Andrews pointed out that if enough children did not attend school, that day would not count.

Vaughn said that the Kingston Board of Health just voted to mandate masks. The attorney said that as far as he knew, the Kingston Board of Health did not have the authority to mandate masks in schools. He said he would have to confer with DESE and the Massachusetts Department of Public Health to clarify. Timothy Lewis, with the Kingston School Committee, asked the attorney for his opinion on DESE’s recommendation. After clarifying that he was there more to offer legal counsel than opinion, the attorney stated, “The clearest policy and provides the greatest defense is universal masking.” Referring to no masking, he said it “does raise legal risk because even though permitted it is not recommended and it could result in greater legal liability for the school district.”

Silver Lake Regional School Committee member Gordon Laws asked the attorney to elaborate on the extent to which the District would be liable based on different scenarios. “I think that there really is no realistic threat if you either have universal masking or follow the DESE or DPH advisory because those are state sponsored and you have a right to follow the guidance of your state,” he said. He elaborated that were you to make policy less than that required by the State you could possibly be liable. Of the 17 school districts represented by the attorney he said none had thus far voted to not even recommend masks.

During Plympton’s opportunity to speak, Chair Jon Wilhelmsen said, “I’ll just make one point this time around… I think we’re all looking at the guidance right now and talking about the Superintendent having the ability to react to the different guidance; it’s not just about ratcheting up measures… but it’s also, as we hopefully get things under control, to be able to relax standards.” He said that would allow for quicker decisions instead of waiting for a School Committee meeting to be scheduled and held.

Silver Lake Regional School Committee member Emily Davis said, “I’m very uncomfortable that we’re even having this discussion.” She was referring to feeling like it was odd that they were discussing public health as members of school committees. The attorney said that he agreed and the State should really be telling schools what to do. He said if legislation goes through that is what will happen.

Halifax School Committee member Lauren Laws asked if they elect to follow DESE recommendations, how will they enforce who is and isn’t vaccinated. “As far as getting proof of vaccination, we have no legal right to do that with students or teachers or staff and that’s because of HIPPA,” the attorney explained. He said you can ask about vaccination status but you cannot require proof. “That’s one reason why some places are going to universal masking,” he added.

Timothy Lewis of the Kingston Elementary School Committee made a motion that their Committee rescind the masking policy. Committee member Jeanne Coleman seconded the motion. The motion was to rescind the current policy with the intention to vote through a different policy at a later date. Coleman said she was unsure why there was a need for any policy whatsoever beyond following the guidance of DESE. The attorney said that previously some school districts didn’t adopt a policy because there was a mandate in place. He said that the administration would have to put together a note to families letting them know that they are acting in accordance with DESE’s guidance. The Kingston Elementary School Committee voted to rescind their previous masking policy.

Plympton School Committee member Jason Fraser said that in light of DESE most likely coming out with further guidance, “I think it makes sense for us to table any ideas of making any further motions tonight for the Plympton School Committee.” The attorney forewarned that taking no position assumes that DESE will do what they said they are going to do, particularly before the start of the school year. Wilhelmsen pointed out that for Plympton, Proulx already has the ability to amend their policy based on whatever guidance comes out from DESE. Another member clarified that Plympton’s current policy mandates masks as it calls for following multiple sources including the CDC who is calling for a mandate. Fraser said, “I’m not comfortable making those medical determinations having these authorities over us including the District doctor now saying that he thinks all of our students should be masked in order to protect all of our vulnerable students and staff… this is a very confusing conversation and topic at this point and I would like to defer to those public health officials.” Fraser said that he wanted to leave what they had on the books while calling for a meeting prior to the start of school. Nicole Mahoney said that she respectfully disagreed. Mahoney said that she wished to rescind their policy in good faith that they would meet again before school reconvenes. Amy Hempel seconded Mahoney’s motion to rescind. The Committee voted unanimously to do so.

Schmaling made a motion for Halifax to rescind the policy requiring face coverings. Several members of the Halifax Elementary School Committee, including Schmaling, spoke out vehemently against requiring all students to wear face masks. Lauren Laws clarified that the vote they would be taking would only rescind the current policy as she said she would like to see them put a policy in place at a later date. “I feel like last year’s school was very successful because the kids were masked,” Laws said. With respect to another member’s claim that some of the Committee members calling for masks in school have been openly doing things on social media without masks, Laws said, “you know, everything you talked about was outside.” She added, “There are changing parameters right now that I feel like need to be watched.” Schmaling clarified that in rescinding their policy they are following DESE’s guidance. The vote to rescind the current policy was unanimous.

Silver Lake Regional School Committee then began their discussion. Committee member Christopher Eklund made a motion asking for Silver Lake to adjourn saying he no longer felt the format of the current meeting was conducive to conducting business. He recommended they reconvene before the start of school. Committee member Leslie-Ann McGee seconded that motion. Crone clarified that this would leave the current policy in place which requires masking but gives Proulx the ability to make amendments to the policy as she deemed fit provided it complies with CDC, DESE, and DPH guidance. Crone said he agreed with Fraser that they need to see what new guidance or mandates come down the pipeline prior to the start of school. The attorney clarified that if they didn’t meet to put a new policy in place, Proulx would be forced to go with the most stringent of guidance.

The Silver Lake Committee then took a vote to adjourn leaving the current policy requiring masks in place with the intention of meeting again before the start of the school year. No votes came from Paula Hatch, Lukasz Kowalski, Schmaling, and Davis. Yes votes came from Gordon Laws, Fraser, Eklund, McGee, and Crone. With votes weighted differently depending on town, the vote ended in favor of adjourning the meeting with the current policy still in place.

Vaughn asked that the Kingston School Committee stay on. Kingston Elementary School Committee member Cowett then made a motion that Kingston align its recommendation with respect to masking in schools with that of DESE. They voted unanimously in favor of Cowett’s motion. Halifax made a similar motion that was also voted through unanimously.

There was also a reorganization of Union 31. There was a motion and a second to appoint Gordon Andrews as Chair and it was voted through unanimously. Summer Schmaling was nominated for Vice Chair and like Andrews, voted through unanimously. Michael Cowett was nominated and voted in as Secretary of Union 31.

The Plympton Board of Selectmen met virtually on Monday, August 9. They began with an update on the Carver Urban Renewal Project. Both Selectmen Chair Christine Joy and Selectman Mark Russo attended the most recent meeting for the project.

Joy said that her biggest takeaway from the meeting was that the project would entail a 24/7 operation. Joy also said that the Redevelopment Authority as well as the Department of Housing Authority would have control over the project. She said they are working on getting a consultant for the project and added, “At this point everything is really conceptual; they’ve got quite a bit of work to get where they want to go.”

Another noteworthy takeaway from the meeting was that if the height of the building was extended to 60 ft. there would be an additional 100 ft. setback added as well. “So that was good to hear,” Joy said. “I was very happy with the level of concern that they gave to Plympton residents,” she explained saying that she and Russo were both allowed to speak during the meeting. According to Joy, Plympton will be allowed to talk to the developer to stay abreast of the plans. Plympton will also be kept informed of future meeting dates.

Russo added, “I was very appreciative of how willing they were to listen.” He said he was particularly appreciative of their awareness of the effect the project would have on Plympton residents. Russo also said that he spoke to a Conservation Commission member who thought it might be possible to have a consultant to the developer hired for the abutting town to address issues like wastewater disposal and wetlands. He said he would look into the possibility.

Bridge projects: Ferguson and

Winnetuxet bridges

Highway Superintendent Rob Firlotte was in attendance and provided an update on state bridge projects.  Firlotte said that they were planning on doing some structural testing with the grant for the Ferguson Memorial Bridge on Route 58. He said they were thinking about a scheduled replacement in 5-7 years.

Regarding the Winnetuxet Bridge, Firlotte said that one change that they would like to make is to widen it a bit and to allow for some kind of sidewalk. All at the meeting agreed that they wouldn’t want to move away from a wooden bridge. They all agreed that they were happy that the State was open to their feedback. Selectman John Traynor said he was “afraid at some point in the process they’ll throw a switch and we’ll find ourself with a totally different bridge.” Firlotte noted that he didn’t expect to incur any costs on the project calling it “almost like a State gift.” He also said the work to the wooden bridge wouldn’t occur for several years.

Beer Garden Licenses

The Selectmen met with Mike Johnson and James Wright who own Brewery 44. They explained that they had approached Sauchuk Farm with the idea of doing a Beer Garden. Johnson and Wright explained that the concept has become quite popular recently. They described it as providing people a chance to sample a few beers while expanding upon their market base. Their intent would be to setup a pop-up tent area with two beers and a seltzer to sample during the hours of operation from 12 p.m. to 5 p.m.. They were applying for 13 individual liquor licenses for every Saturday and Sunday up to but not including October 31.

Russo explained that he was concerned that a precedent not be set were the licenses to be issued. He also said that he would feel more comfortable issuing just a few licenses to ensure that no problems arose. Joy agreed with Russo. The Board voted to approve the first 4 licenses.

Covid cases increasing in town

Town Administrator Liz Dennehy was absent from Monday’s meeting so Joy provided her update. She said that Covid cases were starting to pop back up in town with three recorded since August 5. She noted that as of yet, there were no plans to change any of the protocols in place. She did, however, note that some towns are starting to issue mask mandates in public buildings. The plan will be to watch and see what develops over the next several weeks.

Town House WiFi

Joy also said that there was an inquiry out currently with Comcast to try and figure out a plan for establishing Wi-Fi at the Old Townhouse. For correspondence, the Selectmen approved the use of the town green for a wedding. “Good luck to the couple that wants to get married,” Russo said cheerily.

40 child increase at Dennett

Chair of the Plympton School Committee and Chair of the Town Properties Committee Jon Wilhelmsen gave a brief update on the schools saying that more would be known regarding safety protocols after the Silver Lake Regional School Committee meeting the following evening. He did note that there would be an extra 40 children in the Dennett this year as the outgoing class was small and the incoming class quite large. Regarding the new playground project, Wilhelmsen said the old playground had been removed and the hope was to have the new one installed in time for the start of school. Siding has been replaced on the side of the building facing the parking lot. The parking lot has also been redone.

Wilhelmsen also provided an update on the Town Properties Committee. He said they “need to take a little time and look at recreation because when we do the plan it impedes upon the existing ball fields.” He said that as part of Phase 2 the Committee plans to get an idea of what the costs are as well as how it will all fit together.

OCPC to help with truck traffic

Old Colony Planning Council (OCPC) continues to pursue restrictions on heavy truck traffic on certain roads in Plympton. Dennehy is working with Kingston on how to alleviate it on Ring Rd. Russo noted that he would like to see this project moved along quickly.

North Plympton Cemetery

Traynor gave an update on a clean-up event that he had hoped to have at the North Plympton Cemetery. The plan was to have the Boy Scouts assist. He said he had a lawyer draw up a release for the 15 acres the cemetery sits on but told the Selectmen that the woman who owns the property refused to sign it. Traynor said he will be pushing the project off to the fall but noted he plans to take pictures to show how overgrown it has become.

Raves for COA

Traynor also praised the Council on Aging (COA) saying that more and more events were being held. He praised the leadership of both Director of Elder Affairs Colleen Thompson and Chair Nancy Butler and said that he believed the COA was finally becoming what the town had always hoped it would become.   

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