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Roofer hearing delayed

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Matthew Will stands before the court in Wareham at a previous hearing. (Photo by Abram Neal)

PLYMOUTH — A pretrial conference for roofer Matthew Will, 37, of Halifax, owner of Five Star Discount Roofing, scheduled Friday, Dec. 21 for two of five known open larceny-related cases in Plymouth County, has been delayed.

Will last appeared in Wareham District Court Dec. 7 on three other cases. A new alleged victim has come forward first to the Express and later to local authorities with a similar story to those of other alleged victims.

Will’s Plymouth-based attorney, Jack Atwood, delayed the two hearings because he was busy with another case in Quincy, according to court records. The proceedings were canceled at the last minute, on Thursday, Dec. 20, although Will’s cases still appeared on the court’s daily logs as late as Friday morning.

Will is currently facing a total of one count of larceny over $1,200 by false pretense, two counts of larceny over $1,200, 19 counts of larceny over $250 by false pretense, one count of larceny under $250 by false pretense and one count of forgery of a document.

There were 23 area households in three communities claiming they have been victimized to date, who have lost a combined $153,197.34 in monies allegedly given for work not done, with individual losses ranging from $695 to $15,569. Most of these victims are over age 55, and many are elderly, according to police reports. The alleged victim who lost the most money is 78 years old.

These totals do not include the newest alleged victim, who is from Wareham.

Will had done work for him in 2017, before moving to Wareham, he said, with no issue. He appeared to have a good reputation at the time, the semi-retired man stated in an email and a later phone interview with the Express.

Previous work

Based on his previous positive experience with Will, when his daughter and son-in-law had major roof and chimney issues at their East Bridgewater home, he said he chose to help them out financially and reached out to the roofer, calling it a big mistake not to recheck his licenses.

Checking Will’s licenses, though, may not have shown anything as his CSSL-Roofing and HIC licenses are currently active, although he does have several pending arbitrations before the Office of Consumer Affairs and Business Regulation, according to state records.

The Wareham alleged victim said he paid $14,000 for a roof that never vented properly, and waste shingles and trash are still on-site, weeks after work began on the home. He also said he paid $6,047 for chimney work that was never started, and siding was stripped on one section of the house, which is still bare. He estimates that there is $7,000 of outstanding work to be done.

The Wareham man reached out to local authorities, he said in a Wednesday, Dec. 19, email, who alerted Will to another complaint against him.

This prompted a phone conversation between the man and Will, who promised to come Dec. 27 to finish everything except the chimney.

“I don’t hold much hope but if by chance I can get any work completed I would like to try first before I move ahead [to press charges],” he wrote.

Will’s next court appearance, should no new charges be filed, will be on Monday, February 11, 2019, at 9 a.m. in Plymouth District Court for pre-trial hearings. The three Wareham District Court cases have been continued to March 4, 2019, at 9 a.m. also for pre-trial hearings.

Will could not be reached by email or phone for comment as of press time.

ITW made it a federal case

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Inside the John Joseph Moakley United States Courthouse. (Photo courtesy United States District Court for the District of Massachusetts.)

BOSTON — Attorneys Jeffrey Angley and Robert Hopkins, representing Industrial Tower and Wireless, LLC., of Marshfield, squared off against Plympton Town Counsel Robin Stein and her co-counsel, Jackie Cowin, representing the Town of Plympton Zoning Board of Appeals before US District Judge Denise J. Casper – possibly best known for presiding over the infamous James “Whitey” Bulger case – in courtroom 11 of the John Joseph Moakley United States Courthouse in the Seaport District of Boston Monday, Nov. 26.

ITW is suing the Plympton ZBA, alleging their right to build a 120-foot, lattice-style cellphone tower at 0 Palmer Road, at the southwestern corner of Palmer Road and Center Street, which they now own, records say, was violated under the federal Telecommunications Act of 1996.

According to public records, the roughly four-acre lot was recently sold by Lawrence Marble, Jr. and Joy Marble, both of Halifax, trustees of ELBRAM Realty Trust, to Michael Umano, trustee of ITW Realty Trust, 40 Lone St., Marshfield, for $235,000. The sale was recorded with the Plymouth County Registry of Deeds Nov. 9.

The court proceedings were brief.

Casper held a commanding presence over the courtroom. Angley appeared at ease before the court and spoke more than the other three attorneys present. Stein was not as vocal as Angley. Neither of the co-counsels addressed the court directly.

The event, a scheduling conference, informed the court of the parties’ proposed schedule for discovery, disclosure and depositions. Casper worked amicably with the lawyers to finalize the schedule they had jointly submitted.

The lawsuit, filed in early September, will likely continue on through at least next summer, according to court documents.

Casper asked if there were any settlement prospects.

Angley replied that there were not. He said that most of these types of cases were disposed of by a judge with a summary judgement – an order ruling that no factual issues remain, and a complaint can be decided upon the facts by a judge without a trial.

ITW has a history of suing local government boards in federal court who have opposed them, according to court records. They have some history in Plympton, as well, as the ZBA decision denying them a permit to build their cellphone tower took several months to arrive at and they have had their eye on Plympton for “years,” according to testimony at the hearing in Plympton.

The communications company first came before the ZBA seeking zoning relief under the federal Telecommunications Act of 1996, which, according to Stein, was created to help build telecommunications infrastructure because most cell towers do not conform to local zoning bylaws in cities and towns across the nation.

According to Stein, the TCA of 1996 requires local zoning ordinances to be waived for a cellphone tower should a ZBA find that there is both a significant gap in cellphone coverage and that there are no alternate sites to locate it.

Stein warned the board that this type of case has been well litigated in the federal courts, in this circuit and others. However, there are examples where localities have prevailed against telecommunications companies in federal court on certain grounds, including aesthetics, such as the T-Mobile Northeast v. Town of Islip ruling of 2012 in the Eastern District of New York.

ITW made claims that 7,000 to 8,000 vehicles a day pass through an alleged 2.5 by 1.5-mile coverage gap. This was never independently verified, according to both ITW and town officials. ITW claims that it had been looking for “years” for a location to locate a cellphone tower and this one site was the only one of 36 they had exhaustively identified as suitable.

On Aug. 31, the ZBA voted down ITW’s application, 2-1, to build a tower on the business-zoned lot, surrounded by residential/agricultural zoned land, after multiple contentious hearings on the matter were held over the course of last summer.

Board members Dave Alberti and Harry Weikel voted against the tower, despite warnings by Stein that they were opening Plympton up to a federal lawsuit.

Board Chairman Ken Thompson voted for the project, with little visible enthusiasm, noting after that because the vote had to be unanimous, and he voted last, his vote didn’t matter. He then voted in favor.

During final deliberations, Weikel noted that he counted as 17 “significant” variances, not just the four in the application, that he believed the applicant required for the construction of a cell-tower. He listed other possible locations he found suitable, including several town-owned parcels of land.

The lawsuit takes special note of Weikel’s objections, stating in a document filed Nov. 16 that, “[a]fter the close of the hearing and during the Board’s deliberations, one Board member then recounted a series of properties that ITW allegedly should have considered but as to which ITW was given no advance notice nor opportunity to respond. The exercise establishes the hostility of the Board to ITW’s application and the utter bad faith tactics of the Board.”

Weikel, at a hearing in August, stated as previously reported by the Express, “I’m here to protect the people … that’s the only reason I accepted this appointment.”

ITW makes a federal case of it

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Inside the John Joseph Moakley United States Courthouse. (Photo courtesy United States District Court for the District of Massachusetts.)

BOSTON —Attorneys Jeffrey Angley and Robert Hopkins, representing Industrial Tower and Wireless, LLC., of Marshfield, squared off against Plympton Town Counsel Robin Stein and her co-counsel, Jackie Cowin, representing the Town of Plympton Zoning Board of Appeals before US District Judge Denise J. Casper – possibly best known for presiding over the infamous James “Whitey” Bulger case – in courtroom 11 of the John Joseph Moakley United States Courthouse in the Seaport District of Boston Monday, Nov. 26.

ITW is suing the Plympton ZBA, alleging their right to build a 120-foot, lattice-style cellphone tower at 0 Palmer Road.

According to public records, the roughly four-acre lot was recently sold by Lawrence Marble, Jr. and Joy Marble, both of Halifax, trustees of ELBRAM Realty Trust, to Michael Umano, trustee of ITW Realty Trust, 40 Lone St., Marshfield, for $235,000. The sale was recorded with the Plymouth County Registry of Deeds Nov. 9.

The court proceedings were brief.

Casper held a commanding presence over the courtroom. Angley appeared at ease before the court and spoke more than the other three attorneys present. Stein was not as vocal as Angley. Neither of the co-counsels addressed the court directly.

The event, a scheduling conference, informed the court of the parties’ proposed schedule for discovery, disclosure and depositions. Casper worked amicably with the lawyers to finalize the schedule they had jointly submitted.

The lawsuit, filed in early September, will likely continue on through at least next summer, according to court documents.

Casper asked if there were any settlement prospects.

Angley replied that there were not. He said that most of these types of cases were disposed of by a judge with a summary judgement – an order ruling that no factual issues remain, and a complaint can be decided upon the facts by a judge without a trial.

ITW has a history of suing local government boards in federal court who have opposed them, according to court records. They have some history in Plympton, as well, as the ZBA decision denying them a permit to build their cellphone tower took several months to arrive at and they have had their eye on Plympton for “years,” according to testimony at the hearing in Plympton.

The communications company first came before the ZBA seeking zoning relief under the federal Telecommunications Act of 1996, which, according to Stein, was created to help build telecommunications infrastructure because most cell towers do not conform to local zoning bylaws in cities and towns across the nation.

According to Stein, the TCA of 1996 requires local zoning ordinances to be waived for a cellphone tower should a ZBA find that there is both a significant gap in cellphone coverage and that there are no alternate sites to locate it.

Stein warned the board that this type of case has been well litigated in the federal courts, in this circuit and others. However, there are examples where localities have prevailed against telecommunications companies in federal court on certain grounds, including aesthetics, such as the T-Mobile Northeast v. Town of Islip ruling of 2012 in the Eastern District of New York.

ITW made claims that 7,000 to 8,000 vehicles a day pass through an alleged 2.5 by 1.5-mile coverage gap. This was never independently verified, according to both ITW and town officials. ITW claims that it had been looking for “years” for a location to locate a cellphone tower and this one site was the only one of 36 they had exhaustively identified as suitable.

On Aug. 31, the ZBA voted down ITW’s application, 2-1, to build a tower on the business-zoned lot, surrounded by residential/agricultural zoned land, after multiple contentious hearings on the matter were held over the course of last summer.

Board members Dave Alberti and Harry Weikel voted against the tower, despite warnings by Stein that they were opening Plympton up to a federal lawsuit.

Board Chairman Ken Thompson voted for the project, with little visible enthusiasm, noting after that because the vote had to be unanimous, and he voted last, his vote didn’t matter.

During final deliberations, Weikel noted what he counted as 17 “significant” variances, not just the four in the application, that he believed the applicant required for the construction of a cell-tower. He listed other possible locations he found suitable, including town-owned parcels of land.

The lawsuit takes special note of Weikel’s objections, stating in a document filed Nov. 16 that, “[a]fter the close of the hearing and during the Board’s deliberations, one Board member then recounted a series of properties that ITW allegedly should have considered but as to which ITW was given no advance notice nor opportunity to respond. The exercise establishes the hostility of the Board to ITW’s application and the utter bad faith tactics of the Board.”

Weikel, at a hearing in August, stated as previously reported by the Express, “I’m here to protect the people … that’s the only reason I accepted this appointment.”

HES School Committee gets lesson on equity from SLRSD SPED director

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From left, SLRSD Superintendent Joy Blackwood, HES School Committee Chair Summer Schmaling, members Alex Meade, Gordon Andrews, Allison Vance and Robert Johnson. Photo by Abram Neal.

HALIFAX — Marie Grable, Director of Special Education for the Silver Lake Regional School District, made a presentation about the state of her department and how it affects the Town of Halifax to the Halifax Elementary School Committee on Monday, Dec. 3. Throughout, she put an emphasis on equal access and equity as a means to achieve equality for all students, something she said she wanted to highlight.

But by the end, Grable said she was at the “mercy” of the board. In apparent reaction to interruptions and vocal frustration from three of the five school committee members during her presentation, notably from chair Summer Schmaling, and members Alex Meade and Gordon Andrews, she said she would be happy to provide statistics presented a different way or change the direction of the program if the board wanted her to.

Very early on, during the first slide with significant information, the interruptions and questions began. School committee members appeared to be trying to get a better handle on how to predict the numbers being presented to them.

“We’re here for 100 percent of the students but 20 percent of the students are affecting the budget this much, and there’s nothing we can do about it, frankly,” said Meade.

Grable noted that special education is required by law, and is a “means of specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.” The SLRSD is also responsible for transportation costs for students receiving services outside of Halifax, she said.

This access to education for some students is met in-house, for other students requires placement in programs at other schools in the district or programs out-of-district, including collaboratives and alternative schools. Tuition for these programs can be quite costly, according to Grable’s presentation.

Special education budgets are notoriously difficult to anticipate because special education is mandatory, can be costly, and the cost is subject to the needs of the students currently in the district.

She discussed certain disability types that Massachusetts regulations require educators provide modifications for, including: autism, developmental delay, intellectual impairment, sensory impairment, neurological impairment, emotional impairment, communication impairment, physical impairment, health impairment and specific learning disability.

But Schmaling stated that she didn’t think that emotional impairment belonged on the list of disability classifications, and Meade agreed.

Both indicated they did not think that the public’s perception of disability included “emotional impairment.”

Emotional impairment includes, according to state and federal law, such disabilites as, “an inability to learn that cannot be explained by intellectual, sensory or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems.”

There are 128 students from Halifax, aged 3-22, receiving special education services this year, stated Grable, up from 118 in 2015. For those students receiving services at HES, that represents close to 20 percent of the school’s student population, according to some quick math done by the board (the state average is about 17 percent, said SLRSD Superintendent Joy Blackwood). But, out-of-district placements are down from 26 to 16 from 2016.

“We’re moving in the right direction,” said Grable. “My goal is to have the most students receiving their education in the least restrictive setting.”

The board wanted more historical data to help better budget for special education. But Grable said she didn’t think that would help much.

“It’s hard [to predict funding] because it’s such a moving target,” said Blackwood.

Schmaling and Blackwood pointed out that just one student moving into the district could cost $100,000 or one moving out could save the district $100,000 (hypothetically).

But in the end, the board appeared glad to hear Grable’s report, however they felt about it. “It’s super awesome that you came in,” said Schmaling.

Selectmen give dog a pass

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HALIFAX – Halifax selectmen welcomed their new police chief, Joao Chaves, on Tuesday, Nov. 27, at a more than hourlong celebration that brought together police from New Bedford where he formerly worked, along with area chiefs, members of the Halifax Police Department and the community-at-large.

Following that, the board went into their regular meeting, where they were in good spirits after two members had been on vacation. They held a dog hearing, met with Rich Goulart of Area 58 Community Access Media regarding live television broadcasts, and received an update on cemetery fees as well as the deteriorating Pine Street bridge from Highway Surveyor and Cemetery Superintendent Steve Hayward.

Dog Hearing

Margaret Compton-Severance of Cherry Street was before the board for a dog hearing stemming from an incident in October. It was one of the more acrimonious dog hearings in Halifax in recent times.

Compton-Severance was the owner of the “aggressor” dog, but Noreen Callahan, the Halifax Animal Control Officer, stated that Compton-Severance had done “everything right.”

But even being told that she had done everything right by the ACO did nothing to assuage her aggressive attitude.

The victim, a home health care aide who was assisting Compton-Severance’s mother, placed her hand through the puppy’s cage to either “console” or “say goodbye” to the dog– depending on who tells the story.

The dog bit the health aide, and she said it was a deep bite requiring a visit to the hospital, although there were no stitches required. “It was my fault,” she added.

Compton-Severance said she tried to assist the health aide. “I finally forced some Band-Aids on her.”

Compton-Severance said she didn’t believe the dog bit the health care aide. “Where are the medical records?” she asked. “Why aren’t they here?”

“She just said it was her fault,” pointed out Selectman Troy Garron, referring to the health aide and cutting off the cross-talking women.

“What action would you like to see this board take?” asked Garron of the health aide.

“What?” said the aide, misunderstanding several times before final exclaiming, “I don’t want any action taken.”

“We get involved any time there is a bite reported by a health agency,” Selectmen Chairman Kim Roy explained to the two.

Then, Compton-Severance started accusing the home-health aide of being involved in a Ponzi scheme.

This was too much for the board. “That’s beyond the scope of this hearing,” stated Selectman Tom Millias.

Roy entertained a motion to take no action on the matter, as Compton-Severance did not want “a bite on her dog’s record,” no injury occurred and the victim did not want the board to sanction the dog or its owner.

The board appeared relieved when the hearing was over.

“Live-live”

Area 58 Community Access Media director Rich Goulart came before the board to seek permission to make the necessary technical connections to go “live” with televised cable broadcasts of meetings in the Selectmen’s Meeting Room of Town Hall.

Plympton recently agreed, and Goulart said Carver has been broadcasting live for “years.”

From a technical standpoint, all of the equipment is in place for either live broadcasts or for the Area 58 studio in Carver to process the broadcasts with a direct link to Halifax, except for the town purchasing a static-IP address, something that is inexpensive and relatively simple, he noted.

Garron was skeptical. He asked whether the change was really necessary, but he seemed resigned when the move appeared inevitable.

Roy joked that she wanted her hair and makeup done if the board meetings were broadcast live. On a serious note, she was concerned if it would cost the town much money, and Goulart assured her the cost was minimal.

Millias didn’t express a strong opinion one way or the other. He differentiated between going “live”— meaning that the technical ability would be there for the room to connect up with the Carver studio— and going “live-live,” meaning that the board would have a policy on whether its meetings would actually be broadcast live.

In the end, Goulart got permission to take the room “live” as Millias had defined it. The room will have the technical ability to broadcast live and to communicate with Area 58’s studio directly, but the board has not come up with a policy for going “live-live,” in other words, for its meetings, yet.

Highway/Cemetery Update

Steve Hayward, highway surveyor and cemetery superintendent, came before the board to discuss cemetery fees, cemetery rules and regulations, and plans for the Pine Street bridge.

Cemetery fees have been adjusted upward, but are still in line with other communities, if not a little low, according to Hayward. “Are we charging enough?” asked Roy.

Hayward said that they are.

He also adjusted the rules and regulations for Halifax Central Cemetery, which the board adopted, most notably that he will approve all plantings at gravesites.

Hayward also spoke about repairs to the Pine Street bridge.

Apparently disturbing to the board and to Town Administrator Charlie Seelig was news that plans alone for repairs to the ailing bridge would cost in the realm of $200,000.

The Massachusetts Department of Transportation (MassDOT) stated that the bridge is at a “critical level” of deficiency as reported by the Express last week.

“I’d like to find something [plans] on the internet, even, but I don’t know if that’s legal,” Hayward said.

Seelig was vocally and visibly flabbergasted by talk of the cost.

Hayward says he will continue to look into the matter.

Next meeting:

• The board will hold its next regularly scheduled meeting, the sole meeting for December, on Tuesday, Dec. 11, at 7:30 p.m. in the Selectmen’s Meeting Room of Town Hall.

DOT says Pine St. bridge in critical condition

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The Massachusetts Department of Transportation’s (MASS DOT) report on the status of the East Street and Pine Street bridges were given to the Halifax Highway Department. Town Administrator Charlie Seelig announced the results at last Tuesday’s Board of Selectmen meeting.

The bridge on East Street was deemed “satisfactory” by MASS DOT, Seelig said. There are a few defects that should be fixed, but overall the bridge is in stable condition.

The Pine Street bridge’s condition was is in more dire straits, the report said. According to Seelig, the deficiencies are at a “critical level.”

It’s recommended that the Highway Department hire a design engineering firm to start making a plan to address the bridge. Seelig had not checked in with the Highway Department as of Tuesday, and said it’s possible the department has already taken steps towards this. He said he would ask the department for a status report on the Board’s behalf.

Earth Removal Permits

John Makepeace and his representative came in to discuss renewing his existing earth removal permit. The extension was granted by the Board of Selectmen for a year, with stipulations from the Highway Department.

According to Makepeace, he is continuing the construction of a reservoir for his cranberry operation at White Dog Cranberry Ltd.

So far, Makepeace said he has removed 20,500 yards of earth to date. The operation requires 64,000 yards be removed. He said he believes he’s on schedule for completion within the year.

The Board of Selectmen gave abutters an opportunity to voice questions and concerns to Makepeace and his representation.

One abutter asked if there was a plan for overflow when there are heavy rains. She was concerned about the potential for more stagnant water in the area attracting mosquitos. She said she doesn’t think this would necessarily be a problem but wanted to make sure.

According to Makepeace’s representative, water elevation should be lower than the ground.

“It’s mostly ground rather than surface water,” he said.

Business License Revocation Hearings

Evergreen Beverage/ Twin Lake Liquor’s license has not been revoked, as Seelig said their payment is not due yet.

The hearing will continue at the next Board of Selectmen meeting. They were put on the schedule for 7:40 p.m.

Davis Automotive’s license was revoked with a unanimous vote from the Board. Seelig said a check due to the town bounced and the issue has not been corrected, despite several letters being sent.

The hearing however was left open and will be on the agenda for the Nov. 27 meeting. Selectman Chair Kim Roy said revocations can be rescinded.

Other News

Selectmen signed the state reimbursement forms for Chapter 90 state road/bridge funding. These forms were for repavement projects on roads including South Street, Elm Street, and Oak Street.

Three Cultural Council Reappointments were made. Seelig was reappointed until Nov. 26, 2019 while Linda Redding’s term runs through November 26, 2021. Patricia Murphy’s term is until Dec. 8, 2021.

The ceremony to swear in new Police Chief Joao A. Chaves was scheduled for Nov. 27 in the Great Hall. It starts at 6 p.m., and is open to the public. The Board of Selectmen meeting that night will follow.

 

 

 

 

 

 

Halifax man is charged in fraud

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PLYMOUTH COUNTY – They are not millionaires. They are hard-working, middle-class people. Some are elderly and retired. Some are embarrassed they got ripped off. Others just don’t want to see anybody else get victimized. One senior citizen allegedly lost $14,000 in the scam.

But even those who lost considerably less feel no less victimized by Matthew Will, 37, a Halifax roofer who has, over the course of about a year, taken deposits from at least 17 customers, sometimes for work-in-full, only not to perform the work he promised. He was in Plymouth District Court Wednesday, Nov. 7, for a pre-trial conference.

From Kingston to Hanson and Halifax to Middleborough, reports have been coming in about Will. Some say he didn’t even start the work he promised.

The Plymouth District Court charges stem from Hanson and Kingston Police complaints with two felony counts of larceny over $1,200 by false pretense and one count of larceny over $1,200 pending.

In Wareham District Court, he faces charges including at least 15 felony counts of larceny over $250 by false pretense, with at least two other cases pending there for which he has not yet been arraigned.

Police reports allude to Halifax charges as well, but police were not able to provide information as of press time.

In Hanson, police allege Will victimized Carrie Barnes and Jason O’Sullivan, a server and an ironworker who recently moved into their Phillips Street home over the summer and needed a new roof. On July 26, they hired Will, who they say came highly recommended.

“I did my homework [on him],” said O’Sullivan, echoing the sentiments of other victims.

They signed a contract with Will, and they say they had a verbal agreement for him to start the work the first week in July. They gave him two checks, one for $4,250 as a deposit and another for $4,250 for materials.

After giving him the checks, Barnes and O’Sullivan say they never saw Will again. Their interactions were exclusively by text message and phone.

As the texts went on over the course of the next few weeks, Barnes and O’Sullivan asked Will again and again why he has not started the work.

His excuses were heat, rain, “problems with the guys” and anxiety among others.

On July 17, he stated that he would be starting work the next morning. He did not show up. About a week later, O’Sullivan discovered that Will had not even obtained a building permit.

By July 31, Barnes went to the Hudson Street, Halifax, address where the business is listed, attempting to locate Will. That address is his mother’s house, say police reports, and it is unknown if Will lives there, according to court documents. Some court documents list the Halifax address, while an arresting document lists a Pembroke address for him.

At this point, Barnes texted she wanted her money back, but Will pressured her to let him finish the job.

“I did not write a deadline on your contract…” he texted as he asked to finish the job nearly five weeks after accepting it. “It’s not just me you’ll be hurting I have…young kids[.] [P]lease just hang in there I’ll be getting to you soon enough!!!!”

Barnes responded, “We are done going back and forth, are you going to give us our money back? [T]hat is what we want period. It might not be written in the contract[,] but we agreed verbally it would be done [i]mmediately[.]…We have given you more than enough time. We keep asking for our money back and you are refusing. If anyone is hurting [your young] kids it is you.”

Finally, after admittedly being quite patient, Barnes and O’Sullivan went to police.

“Nothing could make this right,” says Barnes about Will. “My family is just as important as his is,” she added.

Their roof has only been patched, to get through the recent rain. O’Sullivan says he doesn’t know if the patch will last the winter.

“Screw my embarrassment [about losing money],” said Barnes. “I don’t want anyone else to be taken advantage of.”

In Middleborough, at the Oak Point 55-plus community, reports state that Will had worked there for a few years without incident, but that the general manager of the complex thought that Will’s licenses may have expired. Records indicate police became aware of a situation similar to that in Hanson as early as May, only much larger, according to an email between the Middleborough Building Inspector, Robert Whalen, and a Middleborough detective.

Will’s CSL and HIC licenses were indeed expired for a time, police reports indicate, but he renewed them. He was receiving five permits from the town at a time in late May as Will said he had over 30 open jobs in Oak Point alone at that time.

Residents had to be warned not to put down more than 1/3 deposit, as required by law, said the report. “At this point, Robert [the building inspector] is on top of this issue as he wants all the roofs to be fixed instead of criminal charges and Matt [Will] is completing the jobs.”

Despite weeks of dealing with this as a civil matter, jobs were not getting completed while Will was working in other towns and had disappeared from Middleborough. Criminal charges were finally filed by Middleborough Police in August. The report tells of 18 outstanding jobs in town, Will completed only three and 15 residents had given money to him in April, May and June and no work had been completed for any of them.

Those 15 alleged victims lost from $2,500 to $14,000 and range in age from 70 to 86 years old.

By the time police caught up with him, he had moved on to another couple in Kingston, who declined to be interviewed.

Police reports indicate a similar story, though. By Aug. 8, when they issued their complaint, Kingston Police say that Middleborough and Hanson Police both had warrants out for Will.

The roofer, whose website advertises high quality for low prices, says he installs roofing, siding, gutters, decks, and does home improvement and maintenance, additions, solar ventilation and ridge vent installation. He offers a lifetime guarantee on his work, according to the site.

Will could not be reached by email or phone for comment. He is represented by Plymouth-based attorney Jack Atwood.

He will next be in Wareham District Court for an arraignment on additional charges Friday, Dec. 7, at 9 a.m. and will have another hearing in Plymouth District Court on Wednesday, Dec. 21, at 9 a.m.

113 acre land sale complete completed

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PLYMPTON – On Monday evening, Selectmen could hardly contain their excitement that the 113-acre Two Brooks Preserve (formerly known as the Atwood Property) had finally been officially purchased. The process has been arduous.

Selectman Mark Russo offered everyone chocolate cigars, popped a bottle of non-alcohol Champagne and offered plastic glasses to the other board members and to everyone in the room.

“My wife would kill me for using plastic,” he joked.

On a serious note, he acknowledged all of the hard work that had gone into the purchase.

On Thursday, Sept. 20, 2018, Plympton voters turned out in large numbers to support a Special Town Meeting article that authorized the selectmen to finalize the purchase of 113 acres of land, including a pond, streams, marsh, bogs and high land on Prospect Road for $800,000.  The town will keep the property as conservation land and it will be known as Two Brooks Preserve.

The article was the only one on the warrant and it passed with near-unanimity.

The property, which had been enrolled in the Chapter 61A tax relief program, came before the Plympton Selectmen when it was going to be sold. Under Chapter 61A, the town has a right-of-first-refusal on the sale, which the selectmen voted unanimously to exercise last July.

Funding for the project came from Community Preservation Funds, short-term municipal bonds, private fundraising and the sale of up to three buildable lots with frontage on Prospect Road.

There is currently no public access to the site, said Russo, and fundraising continues to make improvements on the site.

• The Board discussed with the Treasurer, Colleen Morin, about disposing of approximately 24 unwanted, land-of-low-value lots owned by the town. The process is complicated because of previous miscommunications between departments and a lack of documentation proving ownership of these properties.

• The Animal Control Officer will bring forward his findings and investigation regarding a dog that attacked another dog on private property several weeks ago. A dog hearing has been scheduled for the next meeting.

• The Board sent a letter to the FCC, opposing changes in the funding system for local cable access. Russo noted that the changes “would devastate the system as it is.”

• The Board allowed the Building Department to raise its fees to bring them into line with other towns in the area for certain building permits. “We’re striving to get our fees in line with other communities,” said Selectman Christine Joy.

• The town continues to have problems with its alarm and phone service, especially during rain. Town officials are working with Verizon but exploring other options if they cannot fix the issues.

• Plympton COA will host a Veteran’s Day breakfast beginning at 10 a.m. at Town House Monday, Nov. 12, followed by a flag ceremony.

• The Board will next meet Monday, Nov. 19, at 6 p.m. in the large meeting room at Town House.

Election enters the final stretch

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When voters go to the polls on Tuesday, Nov. 6, they will face a lengthy ballot with 14 races and three ballot questions.  Polls open at 7 a.m. and close at 8 p.m.  Early voting was offered throughout the state from Oct. 22 through Nov. 2, in an effort to accommodate as many voters as possible.

First on the ballot in both Halifax and Plympton is the race for Senator in Congress, with local Republican, Geoff Diehl from Whitman, opposing incumbent Democrat Elizabeth A. Warren from Cambridge.  The two have been sparring in several televised debates.  Shiva Ayyadurai, a former Republican, is running as an Independent.  Ayyadurai has been outspoken regarding GMO foods, and says he will take a “science and engineering perspective on problem solving.”  He holds several advanced degrees from MIT and is married to actress/comedienne Fran Dresher.

Choices for Representative in Congress are Bill Keating, Democrat from Bourne, candidate for re-election, and Peter D. Tedeschi, Republican, from Marshfield.  Keating says he has been busy working on behalf of the region’s voters and has proven himself to be one of the most effective legislators serving in Congress today, ranking fourth out of 435 House members in getting amendments passed.” 

Tedeschi, a lifelong South Shore resident, a Republican, wants to give back to the area that has been so supportive of his family for generations.  “Public service must be for the benefit of the people, not for the person elected to represent them.”   Tedeschi is a SVP of Putnam Investments, CEO of Tedeschi Food Shops, and proud member of the Executive Board of Directors for Friendship Home.

The Governor’s race sees Charlie Baker and Karyn Polito, Republican incumbents, challenged by Jay Gonzalez and Quentin Palfrey, Democrats.  Baker and Polito have been working since their election in 2015 to grow the Massachusetts economy, for MBTA reforms, and to set education standards K-12, among other items.  Gonzalez served as Secretary of Administration and Finance of Massachusetts under Gov. Deval Patrick, and claims Baker has not shown sufficient leadership, citing poor progress in the MBTA.

Maura Healey, Democrat from Boston, is a candidate for re-election as Massachusetts Attorney General.  She is challenged by James R. McMahon, III, a Republican from Bourne.  Healey has been an activist Attorney General according to her endorsement by The Standard-Times, going after the Trump administration as it has tried to dismantle government health, education, and environmental programs that have been the great hallmarks of American and Massachusetts society over the last half century.”  McMahon is an attorney and a lifelong resident of Cape Cod. Married with five children, he lost his eldest son to opiate addiction.

William Francis Galvin, of Boston. seeks re-election to Secretary of State, an office he has held since 1995.  He is the Chief Information Officer, spotlighting issues that affect the average citizen: fraud in the finance industry, credit card pressures on students, and HMO costs.   As the Commonwealth’s chief elections officer he has worked to bring more people into voting, through his “Motor Voter Law” and early voting, so people can vote at their convenience the two weeks prior to election day. 

His Republican opponent, Anthony M. Amore of Swampscott, promises through his website a fresh perspective to the office.   He currently works in the non-profit sector as the Director of Security and Chief Investigator at the Isabella Stewart Gardner Museum in Boston.  He is also serving as an officer with the US Immigration Service and as a Special Agent with the Federal Aviation Administration’s Security Division.  He was appointed Assistant Federal Security Director with the U.S. Department of Homeland Security where his mission included rebuilding security at Logan Airport after the attacks of 9/11.

Rainbow/Green Party candidate is Juan G. Sanchez, Jr. whose website states his goal is to “Ensure that underprivileged and underrepresented groups have a voice on Beacon Hill,” and to  “Champion progressive electoral and campaign finance reform. “  He would also improve voter education by delivering information in multiple languages.

The office of Treasurer sees Brookline Democratic candidate for re-election Deborah Goldberg challenged by Lakeville Republican Keiko M. Orrall.   Goldberg states hers is the first office focused on economic empowerment for everyone.

Orrall, is the first Asian-American woman to seek a constitutional office in Massachusetts.  She has served four terms in the House of Representatives, building bi-partisan bridges, focusing on policy over politics.  She is a middle child of five children, learning the art of compromise early on. 

Jamie M. Guerin, the Green/Rainbow Party candidate from Montgomery, says on her website one of her goals is to establish a state bank to end Wall Street influence in local politics.  Also, she would ensure that the nascent cannabis business benefits local communities rather than national conglomerates.

State Auditor Suzanne M. Bump of Easton, Democratic candidate for re-election, states on her website, “I have dedicated the majority of my professional life to public service, first as a State Representative, then serving in the administration of Governor Deval Patrick, and now as State Auditor.  “I believe in government and its responsibility to advance societal and economic progress,” she says.

Bump has three challengers. Republican Helen Brady of Concord says, “I am stunned by the State Auditor’s inability to play an active and aggressive role in rooting out waste, fraud and abuse.  The Auditor’s refusal to stand up and fight for taxpayers was made all the more shameful when she accepted a massive increase to her taxpayer-funded salary.”

Daniel Fishman, Libertarian from Beverly, says, “When you select an auditor you need someone who can be impartial … who will actively search for malfeasance.  We must elect an auditor who comes to the office without any debt to a political party …”

Edward J. Stamos, resident of Northampton, representing the Green/Rainbow Party says, “As auditor, I will be an independent watchdog, ensuring that the Democrats and Republicans are not playing political games with taxpayer money.”

Councillor Christopher A. Iannella, Jr., of Brockton, Democratic candidate for re-election, is running unopposed.

Senator in General Court Michael D. Brady of Brockton, a Democrat, is being challenged by Scott Hall of Brockton, a Republican.  See accompanying story on that race.

Representative in General Court for the 12th Plymouth District, Democrat Kathleen LaNatra of Kingston is being challenged by Republican Joseph M. Truschelli of Plymouth.  See accompanying story.

District Attorney Timothy J. Cruz, Republican  candidate for re-election from Marshfield, is challenged by John E. Bradley, Jr., a republican from Plymouth.  Cruz states on his website, “I am committed to the protection of our children, our seniors, and our communities.”

Challenger John E. Bradley Jr., takes aim at Cruz as the Democratic candidate for District Attorney of Plymouth County.  According to an article by Maria Cramer of the Boston Globe, Bradley was a 21-year veteran prosecutor when his boss, Plymouth District Attorney Timothy J. Cruz abruptly fired him.  Bradley sued for wrongful dismissal and eventually received a $248,000 settlement.

Plymouth County Clerk of Courts Robert S. Creedon, Jr., Democratic candidate for re-election, is unopposed.

Plymouth County Register of Deeds John R. Buckley, Jr. of Brockton,  Democratic candidate for re-election, is unopposed.

Sandra M. Wright, Republican, of Bridgewater, is running unopposed as a  Republican candidate for re-election to the office of County Commissioner.

“I think I’m ready for this job!”

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HALIFAX – The embodiment of a true American dream story, Joao A. Chaves, an 11-year New Bedford police lieutenant with 31 years of policing experience in that city, was chosen by Selectmen unanimously from a pool of four highly qualified applicants to be Halifax’s next police chief, to replace retiring Chief Ted Broderick. He is expected to begin Nov. 13. As of press time, he has accepted the position, and the Town and he are negotiating his final contract details.

Born in Portugal, Chaves emigrated to France with his family as a child, where he attended elementary school. From there, his family again emigrated, this time to New Bedford, Mass. Chaves’s resumé indicates he’s bilingual (English/Portuguese) with a working knowledge of Spanish. At his public interview, last week, he indicated that his French was rusty.

Along with his considerable language skills, and fascinating personal story, Chaves has a lengthy educational background. He holds a master’s degree in law enforcement and administration as well as a bachelor’s degree in criminal justice, both from Western New England University in Springfield.

In addition to these credentials, he has many professional-development training courses and certificates in everything from SWAT to hostage negotiation to hate crimes investigation.

Chaves said in his resumé he “has a passion for protecting the community in which [he] serve[s].”

In New Bedford, where he joined the force in 1987 as a police officer and worked his way up to lieutenant, he has been involved in the professional standards unit, the central records bureau, the community policing unit, the gang and traffic unit, the detective bureau, the tactical patrol force and the special reaction team.

Chaves described his management style as “open” and “progressive.” Although his experience with grant writing is limited, he has written grants, something the board values.

He spoke of firsthand experience with the opioid epidemic and also about how he has dealt with fellow officers who have addiction issues, as their supervisor. His approach has been to remove the problem employee from any danger to the public and work with him to get him help.

Selectmen Chairman Kim Roy asked him about his best quality and what he’d like to work on. Chaves replied that he is a good listener and that he genuinely cares, but that he’d like to work on his public speaking.

As a former public information officer, he is accustomed to speaking with the media, and was the only candidate who introduced himself to this Express reporter.

Selectman Tom Millias, who picked up a question often asked in interviews by Plympton Selectman Mark Russo, asked, “What frustrates you?”

Chaves said, “I love this job, still. But, the hoops we have to go through…the red tape…to get things accomplished [is frustrating.]”

As for legalized marijuana, Chaves seemed frustrated with the current laws (as did the board). “They’re making it difficult for us to do our job,” he said.

He ended by noting that his experience sets him apart from the other candidates.

No internal candidates applied for the position, which required at least a bachelor’s degree and five year’s experience. A contractor narrowed down all applicants, through a rigorous interview, practical exam/simulation and a background-checking process for the final candidates.

Selectmen asked all four finalists– the others were Wayland Police Detective Jamie T. Berger, Wrentham Police Sergeant Barry McGrath and MBTA Police Lieutenant David F. Albanese– roughly the same 17 questions, in order to be fair, according to Town Administrator Charlie Seelig.

One candidate, a fifth finalist, Lakeville Police Lieutenant Sean Joyce  withdrew his application.

The running themes of the Selectmen’s questions indicated that the board was interested in community policing, the opioid epidemic as well as alcohol and marijuana issues, and speeding on Halifax streets. The board asked how the next chief would fit in with the department, how he would keep the department well trained and what his vision for the Halifax Police Department was, which they repeatedly noted was working well.

While all the police chief candidates were extremely qualified, and according to Seelig, could all have been chosen as chief, their personalities were quite different, and it all came down to the right “fit,” as Millias said.

The first candidate, Berger, had much experience in community policing, and many ideas to bring community policing programs he was using in Wayland as a detective sergeant to Halifax. “I’m going to be a leader by example,” he said.

But, he had never personally written a grant. This appeared to trouble the board.

Wrentham Police Sergeant McGrath spoke easily during his public interview. “I’m a small-town police officer,” he said. “I love the community. I’d love to be chief.” He identified the three keys to being a police chief as leadership, trust and transparency.

The final candidate was the most loquacious of the four. MBTA Lieutenant Albanese, a retired colonel with the Army National Guard had an impressive resumé, but simply did not answer the questions he was being asked.

He largely directed his own interview, giving Selectmen little time to interject. “This is the pinnacle of my chosen profession,” he said, when asked why he wanted the position.

On paper, though, he had the most wide-ranging resumé.

The board ultimately selected Chaves Tuesday at their regularly scheduled meeting and they were visibly excited about the unanimous selection, which seemed to surprise them all.

A source confirmed that several Halifax police officers, some of whom had keenly attended the interviews, had expressed excitement with the choice. Roy said, “I’m thrilled we have selected Lieutenant Chaves as our next police chief and look forward to negotiating with him on behalf of the board.”