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

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

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

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

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

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

    Joy answered that she disagrees.

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

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

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

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

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

In summary:

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

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

The Halifax Board of Selectmen met Tuesday Feb. 14, 2017. The board spent the Valentine’s Day evening appointing two new members to the Halifax Fireworks Committee. Selectman Chairman Troy Garron asked Colleen, “How much experience do you have with fireworks? Did you light any when you were younger?”

The questions were casual and conversational. Fiumara laughed and said, “No, just a sparkler.”

Colleen Fiumara is new to Halifax. “We just purchased a home here, and we have two young children who are going to grow up here now.” Fiumara added that she wants to get involved with the town and thinks this is a great way to do so.

Deborah Hogan’s story is much different. She has been a resident of Halifax for the past 23 years. Her children grew up going to the Halifax Fireworks every Fourth of July.

She says, “I’ve loved taking my kids (to the fireworks) growing up. I’ve always loved it and feel like supporting it now on the other end, I have time to do this.”

Selectmen voted unanimously to appoint both Fiumara and Hogan to the Fireworks Committee. Letters will be sent confirming the appointments and they will be sworn in at the Town Clerk’s office in the coming days.

Selectmen also dealt with some issues currently on the agenda, including the flashing traffic light at the intersection of Routes 106 and 36.

According to Selectmen Chairman Garron, there have been several complaints about trees blocking vision for drivers at the intersection. Town Administrator Charlie Seelig and Selectmen Clerk Kim Roy clarified that the main vision problem is when someone is going South on Route 36 toward Route 106.

Selectmen vice-chairman Thomas Millias added, “The biggest problem is coming up to 106; you can’t see.” He also added that the treed area looks to be private property.

Town Administrator Charlie Seelig and selectmen decided to have the Traffic Safety Committee take a look at the tree line at the intersection and then proceed after receiving their recommendation.

Once again, Animal Control Officer Noreen Callahan attended a dog hearing which had been scheduled for Tuesday night, however, the owner of the offending dog did not come to the hearing.

Animal Control Officer Callahan explained the reported incident. She says, “It appears a dog from 134 Holmes Street escaped from a faulty fence. The dog allegedly followed another dog either biting or scratching the dog in the hindquarters.” She also added that the veterinarian could not determine if the injury was a bite or scratch.

The attacked dog’s owner incurred $300 in veterinary fees and wants the other party to pay the fee. The Board of Selectman agreed to send a strong letter of recommendation urging the dog’s owner to pay for the medical expenses of the attacked dog.

Selectman  Kim Roy said (to the attacked dog’s owner) “Call if the dog gets loose again.” The letter being sent out will also say that there will be strong consequences if an incident were to happen again. Since the incident, the landlord of the Holmes Street property replaced and secured the faulty fence.

Another decision the board made was based around the 2020 census. The federal government wants to have the principal contact for the town’s census declared. For now, Halifax will continue to use Selectman Clerk Kim Roy as their principal contact.

The next Halifax selectmen’s meeting is scheduled for Feb. 28.

Charlie Seelig

Special to the Express

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

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

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

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

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

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

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

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

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

ownmeetings/20170307stm-warrant.pdf

In connection with the two proposed articles concerning repairs to the

Elementary School, the Town will hold a public presentation concerning

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

of the Elementary School.

Approval of the two appropriations for the school project is contingent

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

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

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

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

Massachusetts School Building Authority to help fund the project. The

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

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

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

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

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

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

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

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

replaced are either older than that or can be significantly improved

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

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

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

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

standards set in the other school buildings in the district.

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

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

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

wait until the summer of 2018.

On Tuesday January 3, 2017, the town of Halifax officially transitioned their 911 emergency dispatching to the Regional Old Colony Communications Center (R.O.C.C.C.) located within the Fire Department in Duxbury. Halifax became the third town to switch over to the regional dispatch center, joining Duxbury and Plympton.

Previously, Halifax ran their own emergency dispatch out of their police station. Police Chief Edward Broderick is already noticing a positive difference since switching to a regionalized system. “Before, there would be only one dispatcher taking the call at the station. Now, there’s someone assigned to that call while another person also working at the R.O.C.C.C. listens in on the call. Once they get enough information, they are identifying the location where emergency service is needed,” Broderick said.

On average, this delegation of tasks allows police, fire, and paramedics to get to the scene of the emergency 20-30 seconds faster. Fire Chief Jason Viveiros explained, “That 20-30 seconds we save here is crucial. How quickly an ambulance and personal can arrive at the scene saves lives and makes a better service for the people of Halifax.”

Chief Broderick also said the use of geographic information system (GIS) technology has been very helpful so far for his officers. “Officers are able to get better information from the R.O.C.C.C. on the ground based off the mapping technology they have available to them.”

It’s also worth noting, that since switching over from dispatching out of Halifax to the R.O.C.C.C., none of the dispatchers in Halifax lost their jobs Fire Chief Viveiros said, “We had four full time dispatchers before switching to regionalization. Three of them are now working at the communication center in Duxbury. One of them retired, but there were no job losses or lay-offs.”

Duxbury Fire and R.O.C.C.C. Captain Robert Reardon is proud that the Regional Center has helped smooth over that transition in Halifax. He said, “It’s been great being able to get these dispatchers over here at the R.O.C.C.C. I must say we do have very rigorous standards here and those dispatchers must be trained and meet our standards, but it’s gone well and it’s nice to have them here.” Captain Reardon also added that they hired a dispatch supervisor from Halifax as well.

Halifax’s contract with the Regional Old Colony Communication Center will run for five years, until 2022.

Plympton signed their five year contract with the R.O.C.C.C. back in 2013. Previously, Plympton ran their dispatch with the State Police in Middleborough.

Chief Dillon says that three years into the agreement, his initial thoughts have been proven correct. “It’s (the dispatch) a lot more streamlined and safer. It’s allowing us to make more effective use of the technology.”

The technology being referred to includes things like GIS and the use of close circuit security at the police stations. The cameras allow those at the dispatch center to respond at the stations in case of emergency. There was a monitor right inside the control center at the R.O.C.C.C. that showed the front lobby of the Halifax Police Station.

In regards to GIS technology, Plympton Police Chief Dillon is pleased with how the technology helps his officers. He says, “Not everybody marks their house clearly or their mailbox or anything they can see, so that aspect is helpful.”

Dillon said another example of R.O.C.C.C.’s technology gives is the ability to access and enter various amounts of information at once. He said, “If we were to go to a three car motor vehicle accident, what we used to have to do is my officers had to type in each registration plate one at a time.” Now, they call it in and the dispatcher can run and backfill all that information for them.

Captain Reardon also took some time to explain how some of the GIS technology works. He said, “The dispatchers working are often using multiple computers and monitors at the same time.” One monitor uses the GIS technology provided within Google Maps. This allows dispatchers to gather aerial and zoomed in views that help public safety officials in Halifax, Plympton, and Duxbury all do their job in the most effective and safest way possible.

Both towns also expressed there being significant state funding benefits for switching over to regionalized emergency dispatch centers. Both Chief Broderick and Chief Dillon said that regionalizing 911 dispatches is something that states are providing grant money for towns do this.

The state wants towns to get away from localized dispatches in general. In fact, this is creating opportunities for the already existing regional dispatches like the R.O.C.C.C. to continue to grow. Captain Reardon said, “We are absolutely trying to grow. There’s nothing official yet, but we are in talks with Rochester about potentially adding them on to our dispatch.”

The Plympton Board of Selectmen met on Monday, January 23, 2017. Fire Chief Warren Borsari brought to the board’s attention a serious staffing issue currently occurring with the town’s paramedics.

According to Chief Borsari, the Fire Department is having problems staffing ambulances. He says, “We’re having issues retaining certified medics for a number of reasons including there being opportunities for advancement in other municipalities.”

He went on to say that the base pay for a Plympton Paramedic right now is $12.40 per hour. On January 1, 2017, Massachusetts, minimum wage increased to $11 per hour. With this in mind, the current pay Chief Borsari said is causing retention problems.

Chief Borsari says, “The minimum wage at $11 is making this (leaving) an economic decision for our paramedics.” He went on to propose that paramedic wages be in the $16.50 to $21.88 per hour range.

Typically proposals for pay increases are heard before Wage and Personnel rather than the Board of Selectmen, Wage and Personal was involved, but this staffing shortage is serious enough that Chief Borsari feels the guidance of the Board of Selectmen is necessary. The Fire Department is in danger of falling below state mandates for the number of paramedics needed on duty at a single time.

If that were to happen, Plympton would be at great risk. Chief Borsari told the board, “I discussed the risks with you and the risk is that we will have to drop to the basic life support. Most calls today are advanced life support.”

Borsari cited examples of what constitutes basic life support and there weren’t many. Things like a twisted ankle or an abrasion are categorized as a basic life support call. Chief Borsari continued, “Any altered mental status is advanced life support, and that’s dehydration, it could be a sugar problem, or a medication problem.” It’s also worth noting that any chest pain is considered cardiac until proven otherwise.

The board had previously asked the fire chief if any other towns in the area only have the basic life support system. He said that there aren’t any local municipalities without the advanced life support system,in fact, there are just a few communities in Western Massachusetts relying only on the basic system.

Selectmen had been made aware of the issue when the Chief reported to the board last fall, and had begun to run some numbers on what a pay increase would look like prior to the meeting. Specifically, Selectmen Clerk John Traynor took some time to assess the cost. This assessment also took into account raising the wages for basic EMTs who are currently paid $10.40 per hour.

Traynor answered, “If we were to go to a rate of $16.50 and a paramedic to $19…annual cost would be $311,000.” He also ran numbers on rates that more mirror the wages in Halifax. He says, “If we look at something closer to Halifax, it would be $18 for basic and $23 for the paramedic.” That would cost the town $358,000 annually.

This will add cost to the budget and is something the board needs to address. Selectperson Christine Joy also pointed out that there’s a revenue risk associated with falling below state mandates for the advanced life support system. She told her board, “It seems like if we don’t move in this direction and we’re not able to provide service for these advanced calls, we’re going to end up losing money and this will be even more in the red than we currently are.”

Traynor acknowledge that it’s something the boards needs to tackle, but it wasn’t something that could be solved in one night. Finance Committee input as well as more Wage and Personnel input are both necessary.

Selectmen later moved on to updates on some older business. Specifically, plans for handling and complying with the new Public Records Law were considered.

In July of 2016, Governor Charlie Baker signed Chapter 121 of the Acts of 2016, “An Act to Improve Public Records,” which became law on January 1, 2017.

The bill sought to improve access to public records by requiring towns and cities to have an electronic system in place where public records can be requested and sent out via a public records officer. The public records officer has ten days to produce the requested material or to give an answer why they cannot be produced within the timeframe and to give an estimate of when the records can be made available.

During the previous Board of Selectmen’s meeting on Monday, January 9, 2017, Town Clerk Tara Shaw presented a walkthrough of the electronic system she had put in place. She was also looking for ways to streamline the process because of the sheer amount of work required by the new law in addition to her responsibilities as town clerk.

One solution that will be implemented is simply putting as much information online as possible. The more information that is there, the less request there should be. Tara Shaw also says this will help with the public records request process because in many cases, sending a requestor a link to something that has already been made public should suffice.

One solution that Shaw and Traynor looked into was software that streamlines the process. According to Traynor, this would be a custom access database that self maintains public records.

Shaw says, “Right now, we are using four different programs.” She also mentioned that using one would streamline the process and make it easier for others besides her to use as well.

Starting this database would require funding. However, Selectwomen Christine Joy says, “This may fall under a technology grant.”

Though she’s using four different programs for this public records process, she did say that the Virtual Town Hall’s features for the town’s website have proven useful.  Traynor suggested Shaw run a class on how to use Virtual Town Hall for the departments and she is willing to do this.

Shaw and the board also made progress on determining some of the secondary records access officers. They will be responsible for the public records for their respective departments.

For the school department, Peter Veneto, the principal at Dennett Elementary School will preside as the secondary records access officer. The police department will use Administrative Assistant Leanne Cashman and the fire department’s records will fall under Fire Chief Warren Borsari.

As far as the concern over needing another public records officer, Tara Shaw acknowledge last meeting there really wasn’t room in the budget for even a part time position. The finance committee was in attendance for some of the meeting though and suggested putting funds in the reserve fund for the Public Records Law rather than hiring new permanent staff.

The Finance Committee discussed financial planning materials from the Collins Center Group that are intended to help with the town’s budget.

According to the Finance Committee, this year’s budget in particular is expected to be tight. There are many capital requests coming in and.priorities  need to be set.

Selectmen said that progress was made on the job description for the position of Town Administrator. It’s making progress but does still need more work.

The Plympton Board of Health met on Tuesday, January 11, 2017. In addition to discussing a number of routine health and safety issues throughout town, the board also heard from the landowner at 39 Ring Road.

The landowner came in with building plans for the Board of Health to look over. She also presented the board a map of the current property.

While looking over the map, the first concern Board Chairman Art Morin expressed was over the distance between the property and the soil absorption system (SAS). According to the map, the distance between the well and the SAS looked to be about 50 feet.

Morin said, “Massachusetts law requires a well be 100 feet from the SAS. Plympton regulations, we require 200 feet because of the soil conditions.”

The landowner planned to use a different septic system, however, there was confusion over who owns the septic system on the property.

According to 39 Ring Road’s owner, the septic system fully belongs to her and is on her deed to the property. The problem, though, is that the owner of neighboring 41 Ring Road claims that the septic system is an easement between 39 and 41, meaning the owner at 41 Ring Road can legally use the septic system.

The confusion lead to there not being building approval at this time. Morin asks, “Does this have to go to land court?” This plan needs to also be sent back to the building department before any lot combinations (if easement) or septic approval can be put in place.

Besides this land dispute, the Board of Health discussed several other health and safety issues going on throughout. One thing that was approved was the repair of a septic system on 37 Maple Street. 

The resident was in attendance and was told the permit fee for the septic system’s repair will be $150. She will choose her installer and can then have the permit issued.

Chairman Morin gave his board an update on the continuing trash problem at 4 Mayflower Road. Morin said that the town was contacted by a gentlemen in regards to improving the condition of the property.

Morin says, “He was contacted by the lender to go to 4 Mayflower and give the lender and estimate on what it would cost to bring that property up to good condition.”

When speaking with the gentleman, Morin was told that the estimate would include the cost of removing the large amount of trash on the property. He also brought up sanitation issues with the pool.

Morin says, “The swimming pool is a breeding ground for mosquitos. There’s only a little bit of water at the bottom. There are frogs and other such things in the bottom of the pool.”

Health Officer Cathleen Drinan had concerns as well. She says, “The fence is collapsing.” There’s also floors inside the property that seem ready to give way.

The Board of Health ended the meeting by hearing approval for a few other permits. Most noticeably, they decided to renew the food permit at Dennett Elementary School. The board also voted unanimously to waive the permit fee.

The Plympton Board of Health will meet again on Tuesday, January 24, 2017.

James Bentley

Express correspondent

Monday January 9, 2017, Plympton’s Board of Selectmen met in executive session prior to their regular meeting due to continuing litigation discussions regarding Rocky Harvest, LLC. Several Brook Street neighbors and abutters were given a brief five minute update on what matters could be discussed in open meeting.

Once the open session began, the board turned its attention to Library Director Deb Batson, who introduced Andrew Adams, a member of Plympton’s Boy Scout Troop 53, as he proposed his Eagle Scout project to the Board.

His proposal is building bicycle racks for the Plympton Town Library. These however are not ordinary bike racks. Adams said, “They are removable for plowing in the winter.” He also presented drawn schematics for the board to look at.

The racks will be built out of two to three inch metal tubing and will be painted. Andrew is going to be getting help from his dad and uncle as well.

Adams said, “My dad is a metal worker, so he is going to help me with the metal work and my uncle is a mason, so he is going to help me get the cement.”

The board asked Andrew when he wanted to started his project and where outside the library he was planning on building the bike racks. Andrew said that he wanted to start in the spring. His plan for a location is in front of the library next to the delivery box.

Selectmen Chair Collen Thompson asked, “Would it make any sense it put it out back by the patio?” Andrew said that it could, but he was thinking of having it visible to the street.

As a whole, the board was happy with the work Andrew planned. Selectwoman Christine Joy told Andrew, “Great project. I can’t wait to see it when it’s done.”

Selectmen next turned a significant amount of the meeting’s attention to recent changes to the state’s public records laws.

In July of 2016, Governor Charlie Baker signed Chapter 121 of the Acts of 2016, “An Act to Improve Public Records,” which became law on January 1, 2017.

The bill sought to improve access to public records by requiring towns and cities to have an electronic system in place where public records can be requested and sent out via a public records officer. The public records officer has ten days to produce the requested material or to give an answer why they cannot be produced within the timeframe and to give an estimate of when the records can be made available.

Currently, Town Clerk Tara Shaw is overseeing the implementation of these new laws. She has begun a lot of the groundwork and has already launched the town’s electronic public records request system.

Shaw presented a walkthrough of the request system to the Board of Selectmen, showing them that she put a link to it right on Plympton’s homepage labeled “Public Records Laws and Info” under the “Town Resources” section.

Shaw explained that the process was complex and setting this up took a lot of time. She says, “I’ve been to four public records conferences, and they just keep adding details every time.

Shaw also pointed out that a new position is likely needed  for Plympton to fully comply with the new state laws. This adds a lot of responsibility outside the typical tasks of the town clerk.

She acknowledged that there really isn’t enough in this year’s budget for even a part time position. There may be a line item in the FY18 budget, but that remains to be determined.

For now, the board and Shaw focused on finding ways to make sure all town departments and committees are in compliance with the new laws. In order, to comply with the strict time limit the new public records laws dictate, Tara said that every department and committee needs a head contact person and phone number where they can be reached. She needs to be able to contact departments within 24 hours.

Traynor suggested holding a meeting with the head of all the departments to make sure this happens. Tara Shaw and the board will be setting that up shortly.

Other major topics discussed at the Board of Selectmen’s meeting included discussing the upcoming bylaw review meeting, the coming installation of panic buttons throughout the Plympton Town House, and a change the “Meet with a Selectman” time from every Tuesday night from 6 p.m. to 8 p.m. to by appointment.  Not many people were coming to the regular office hours according to John Traynor, “Tuesdays are not working.”

New By-Law Review

Committee will meet

The town’s first Bylaw Review Committee meeting will take place Thursday, Jan. 19, at 6 p.m.  Selectmen Chair Colleen Thompson says, “It’ll (the groups) be split into municipal and zoning to give people a say on how they want to approach it.”

The board will appoint ten committee members and is considering ways to divide the group. A suggestion from Thompson was to split it evenly with five for municipal and five for zoning. This is still being discussed.

The board ended the meeting by changing their regular Tuesday office hours to appointment based office hours.

There will be no Selectmen’s meeting next week because of Martin Luther King Day. The next meeting will be on Monday, January 23, 2017.

Brook Street, Plympton, residents, abutters to the Rocky Harvest LLC, met with selectmen on Thursday, Dec. 29, requesting an update on the status of the lawsuit between the town of Plympton and Rocky Harvest.

Selectmen had posted an executive session for Thursday, in order to discuss pending litigation and Donna Hanna and Jane Devlin, with other neighbors and abutters who have been affected by the continual tanker truck traffic, stopped by the Town House to meet with selectmen before their executive session.

The group has sought relief from the noise and dust generated by the heavy tanker truck traffic and asked selectmen and Town Counsel Ilana Quirk from Koppelman and Paige law firm what is the status of the lawsuit.

Donna Hanna told selectmen, “You said it would be about six months before the judge would make his decision – and that was about six months ago.”

Town Counsel Quirk responded that the ruling had been made and Judge Robert C. Cosgrove, Justice of the Superior Court, ruled against the town in a decision last July.  Selectman Christine Joy told Devlin and Hanna she had emailed copies of the ruling months ago, but neither had received the judgment.

In his ruling, Justice Cosgrove stated that Rocky Harvest , LLC, is a “successor in interest” and is allowed to retain its water extraction business off Brook Street and benefit from a Chapter 61A tax classification that will give a greatly reduced tax assessment under farming status.

The Town of Plympton argued that because the original 249 acre parcel of land including fish farm and cranberry bogs has been split several times, leaving  only an 11.927 acre lot with pump house for water extraction, that this use does not qualify as an “agricultural” use, and therefore should not be allowed a Chapter 61A tax classification.  The judgment stated that even though the various parcels have different owners, the restriction against development maintains enough of a similar nature that the agricultural classification would be allowed.

In January 2010, Selectmen received verbal complaints from abutters claiming that Rocky Harvest was violating conditions 6 and 7 of the agreement for judgment that limited the hours of operation of the water extraction business to between 7 a.m. and 7 p.m. on weekdays, and 10 a.m. to 4 p.m. on Saturday.  Tanker truck traffic was prohibited on Sundays and ten Federal holidays.

Freitas letter allowing Sunday trucks upheld

Selectmen investigated the complaint and in doing so were made aware of a letter from then Selectman Joseph Freitas on Board of Selectmen letterhead stating Rocky Harvest could increase its hours of operation to include Sundays and holidays.  Freitas did not obtain a vote of the Board of Selectmen or the consent of the Zoning Board of Appeals before sending the letter.  Selectmen made Rocky Harvest aware that the letter was not supported by a vote of the board and was therefore not valid.

Count III of the March 19, 2014 Rocky Harvest answer and counterclaim against Plympton, asserts that Rocky Harvest is entitled to enforce the October 23, 2008 letter from Freitas, allowing tanker truck traffic seven days a week without limit.

Selectmen told the frustrated abutters that they might have to seek their own legal counsel to represent their interests, but that Plympton is still pursuing its remedies.

James Bentley

Express correspondent

Plympton Selectmen heard a proposal from David DeBaie, Senior Traffic Engineer from Stantec Consulting at their meeting on Monday, December 19, 2016.

The Massachusetts Department of Transportation (MassDOT) hired Stantec for a road improvement project which will include the towns of Plympton, Middleboro, and Rochester.

DeBaie presented details for a plan designed to reduce the number of traffic accidents. DeBaie told the board, “MassDOT is looking at reducing the number of crashes on rural roadways.”

Stantec’s plan spans across 9.5 miles of road in Plympton, which includes all of Main Street. Parts of Center Street, Palmer Road, Parsonage Road, County Road, and Mayflower Road would also be impacted by the proposal.

Board Chairperson Colleen Thompson asked, “Just to clarify, this is free for the town?” David Dubai assured the plan including both the cost and the labor are free for the town.  Plympton’s Highway Superintendent James Mulcahy told the Express that the project amounts to about a $200,000 grant.

Board member, Christine Joy showed excitement for the town not having to fund any part of the project. “Christmas comes early!” Joy exclaimed.

DeBaie explained basic details of the proposed improvements. They include three main strategies for reducing the number of car accidents. One of the strategies discussed was to simply add more warning and regulatory signs to Plympton’s rural roads. More speed limit signs was a suggestion.

Another improvement that DeBaie discussed was to increase the amount of pavement markings on roads.

This does not just include yellow center lines. A heavy emphasis was placed on edge lines. DeBaie told the board, “Studies show that edge lines are effective in being able to reduce crashes.”

The last major improvement emphasized was the need to replace outer concrete post with guard rails. DeBaie said that the concrete posts are, “Reasonably effective in terms of showing where there is a problem, but in MassDOT’s eyes, they represent a bit of a hazard, so those are being replaced.”

After DeBaie presented the road improvements for the town, the Board asked some questions. Selectman John Traynor was curious to know how much the town’s highway department would be involved in the process. He said, “How do we enter into this?”  In other words, Traynor asked, how much input Plympton’s Highway Surveyor James Mulcahy would have. 

DeBaie answered that they had tried very hard to come up with something they have confidence Jim would agree on.  DeBaie has been working with Plympton’s Highway Superintendent for several months, however, he did acknowledge that the MassDOT and local highway department “scenes” do operate differently.

The project, about 25% completed, is still in the planning phase and needs to go through MassDOT’s process of submittal, and resubmittal. The final plan is expected to be submitted in late April and the work completed by fall of 2017.