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HFD grant gives free child car and booster seats; Chief Viveiros commends Hogan for work on grant

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HALIFAX — The Halifax Fire Department was recently awarded a $3,500 Child Passenger Safety Seat Distribution grant from the Baker-Polito administration for free child car and booster seats for those in need and to replace car seats that have been damaged in motor vehicle accidents at no cost to the owner, stated Halifax Fire Chief Jason Viveiros in a Dec. 10 letter to the Board of Selectmen. The department is also offering free car seat inspections or installations by calling 781-293-1751 for an appointment, according to the announcement.

The chief, himself a fruitful grant-writer, commended Firefighter/Paramedic Peter Hogan for his work in obtaining the grant.

In 2017, the chief said, Hogan recognized the need for a certified car seat installation technician in Halifax, after seeing many situations where children were not secured properly or were in seats that were not safe.

He attended a 40-hour child passenger safety technician (CPST) certification course and the department began offering the service.

The grant, for fiscal year 2019, is from the Executive Office of Public Safety and Security, Office of Grants and Research-Highway Safety Division (EOPSS/OGR/HSD). The Governor and Lieutenant Governor said they were pleased to support the department’s traffic safety efforts in a Nov. 29 letter to the chief.

“We thank you for the work you do to keep children safe on our roads,” they wrote.

Roofer Will won’t: More charges paint troubling picture

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Matthew Will, 37, of Halifax, stands before the court hearing the charges against him. (Photo by Abram Neal)

WAREHAM — Matthew Will, 37, of Halifax, owner of Five Star Discount Roofing, was in Wareham District Court Friday, Dec. 7, facing six larceny-related charges stemming from two Middleborough Police Department complaints alleging he took deposits by check for roofing and household contract work from six residents of the Oak Point 55-plus community in Middleborough, cashed the checks but did not start or complete the work as promised.

Will faces similar charges in Plymouth District Court, stemming from Kingston and Hanson allegations.

These charges are in addition to a long list of others, including a separate case also stemming from alleged crimes at the Oak Point community, in which Will is facing 15 counts of larceny over $250 by false pretense. A pre-trial conference was conducted on that case after the arraignments on the latest charges.

Judge Douglas J. Darnbrough presided over the proceedings, to which Will had been summonsed. His Plymouth-based attorney, Jack Atwood, pled not guilty on his behalf. At one point, Will attempted to address the judge, but Atwood stopped him from speaking, bellowing “Be quiet!”

Police and court reports paint a picture of a once reputable roofer unable or unwilling to keep up with the amount of work he had committed to, and the Middleborough Building Inspector, Robert Whalen, alerting police to complaints about Will while continuing to issue building permits despite warnings from Oak Point residents.

Whalen, in a phone interview Dec. 10, stated that disputes between contractors and homeowners are outside of his jurisdiction, but that in an effort to protect the community, he contacted Detective Simonne Ryder, of the Middleborough Police, regarding Will when Whalen had received about ten complaints.

As of press time, Will is 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 are 23 area households in three communities claiming they have been victimized to date, who have lost a combined $153,197.34 in monies 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 quite elderly, according to police reports. The alleged victim who lost the most money is 78 years old.

Grievances against Will date back to at least 2017, according to public records. By late May, 2018, enough residents from Oak Point had lodged complaints to catch the attention of the building inspector, Whalen, at which time authorities noticed Will’s insurance and building licenses had expired, according to police reports.

The detective opened a weeks-long investigation into Will on May 22, but police took no action on the inquiry until early August, by which time the number of alleged victims had grown and multiple police departments were investigating Will.

The report also stated that the building inspector was dealing with the issue, personally inspecting jobs and warning residents not to give 100 percent deposits as some residents had been doing.

Some residents were attempting to sue Will in small claims court for their losses, while the investigation was in process.

The building department was giving Will five licenses at a time because he said that he had 30 open jobs in Oak Point, records say. The report states that he was only able to complete a handful of those jobs over the course of a few weeks and had effectively disappeared by Aug. 1, 2018.

Between June 21 and Aug. 2, there is no record of any police action to stop Will in court files. The alleged victim in Kingston hired Will on July 15, and the alleged victim in Hanson hired him on July 31.

Whalen said that he reported Will to the Southeastern Massachusetts Building Association, which should have notified other local building inspectors about Will, according to Whalen.

He will next be in Plymouth District Court on Wednesday, Dec. 21, at 9 a.m. for two pre-trial hearings. The three Wareham District Court cases have been continued to March 4, 2019, at 9 a.m. as well for pre-trial hearings.

Will cannot be reached by phone or email and the investigation in Middleborough is ongoing, police said.

Board upholds H’way Surveyor ruling

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Highway Surveyor Steven Hayward. (File photo by Abram Neal)

HALIFAX — Selectmen met Tuesday, Dec. 12, and swiftly voted on various classes of license renewals (alcoholic beverage licenses, common victualler licenses, automotive licenses and others) before quickly executing their relatively short agenda around appointments, including a closed-door executive session involving a Highway Department union grievance appeal. In a rare move, the board came out of executive session into open session and immediately announced their findings to the public regarding the appeal.

Highway Surveyor decision upheld

The Selectmen upheld a decision by the elected Highway Surveyor and Cemetery Superintendent R. Steven Hayward to deny highway worker Steve Waterman, of Kingston, a heavy equipment operator (HEO) position, with its requisite pay, in that executive session. After the hearing, the board released information regarding Waterman’s grievance, including allegations of his poor job performance and behavior on the job.

According to a letter to the board dated Dec. 5 from Dave Swanson, union steward of AFSCME Council 93 Local 1700, Hayward had denied multiple requests by Waterman for the HEO position over the previous 18 months, allegedly in violation of two articles of the union’s contract – article XXIX regarding heavy equipment operators and article XVIII regarding seniority.

In November, the months-long issue came to a head, and Waterman, along with Swanson and union representative Kim Silvia, demanded Hayward produce his reasons for denying the HEO position in writing.

Hayward wrote a letter outlining his reasons which included a lack of initiative for daily duties, not working well with others, lack of common department knowledge, causing delays in projects by not completing them fully, abusing equipment and working despite expired licenses.

“It has been a year and half [sic] since I was elected to my position and in that time, I have given Steve Waterman two verbal warnings, written him up twice and given him a two-day suspension. I have not seen any change or improvement in Steve’s work performance, attitude or ability…” stated Hayward in that letter.

Following the written explanation, the union filed a grievance with Hayward, which he rejected. Waterman next appealed to the Selectmen, who upheld the highway surveyor’s decision to deny Waterman the position.

Should Waterman wish to appeal the board’s decision, he would next select either the American Arbitration Association or the Labor Relations Connection for a binding decision, according to Town Administrator Charlie Seelig.

Police staffing changes

Chief Joao Chaves was before the board requesting that permanent intermittent police officer Andrew W. Lyczynski, 23, be promoted as a full-time patrol officer in response to police officer Robert Brigg’s impending retirement effective Dec. 31.

The board enthusiastically accepted the chief’s recommendation, on the condition that he pass a physical and the full-time police academy, and there were handshakes all-around as Lyczynski excitedly signed paperwork.

The board, at Chaves request as well, voted to call up the civil service list to fill vacancies in the department, as he expects at least two retirements in 2019 and will also need a replacement for Lyczynski.

Popes Tavern Ethernet aging

Networking problems at Popes Tavern have left the Council on Aging with unreliable access to the internet and town intranet, said Seelig, and he says it’s not fair that town employees are not able to sit down at their desks and get their work done nor is it fair to the town’s IT director, Cesar Calouro, Jr., or to himself – Seelig also often deals with IT problems for the town as he is quite tech-savvy – to constantly be fixing problems there when a new ethernet wiring system and server are needed at the historic building.

The board approved Seelig’s request to go straight to the finance committee to ask for $8,000 in emergency funding to fix the problem so that employees and patrons of the CoA do not have to wait until a town meeting for a solution.

Next meeting

The Board of Selectmen will next meet Jan. 8, 2019, at 7:30 p.m. in the Selectmen’s Meeting Room of Town Hall.

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.”

SL field hockey building up for the future

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The Silver Lake High field hockey team had a bit of a rebuilding year this past season, but there were certainly positives to take away from it.

The Lakers finished the season at 2-14-2 under first-year head coach Lori Bennett, but saved some of their best play for the end of the season; in their final three games, they went 1-1-1, picking up three points in the standings. In both of the team’s wins, goaltender Sophie Russo had shutouts in net, making the job a lot less stressful for her team’s attack.

With the season over, the Lakers will lose eight seniors to graduation, six of whom were in their starting lineup. These players include Russo, Megan Fay, Hayden Wechter, Colleen Foley, Ashley Swift, Stephanie Bennett, Joe Detterman and Cassie Peck. Of that bunch, Russo, Fay and Foley were the team’s captains.

Although they are losing a pretty good sized senior class, they will have plenty of talent coming back next season. After all, field hockey teams have 11 starters which means nearly half of their starting lineup is expected to return.

Most notably, the team’s returning scorer, Abby Colton, should be back again next season. The junior put up a team-high six goals this past fall. This should prove especially beneficial for the team as offense was not their strong suit this year, so bringing back a top scorer along with some experienced varsity players may help them there.

In addition to Colton, junior Rosalie Moynihan, and sophomores Ava Mirisola and Paige Nally were among the team’s key players this past fall, so they should help propel the Lakers next season in even bigger roles.

The Lakers will also have some of their JV players from this past season help fill some of the voids on their roster next fall.

Area 58 Community Access Media threatened by proposed FCC rules change

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CARVER — The Federal Communications Commission is proposing new rules that would, among other changes, alter the way Area 58 Community Access Media— Plympton, Halifax and Carver’s local cable access provider— and other local cable access providers across the country are funded, according to Area 58 Executive Director Rich Goulart.

Currently, funds are set aside from cable franchising fees, or the fees that the cable companies pay for access to a particular community, for community television channel access, broadcasting equipment and other monies needed to run local cable television studios.

The channels are known as public, educational, and governmental or PEG channels. This is part of the Federal Cable Communications Policy Act of 1984, which requires cable companies to allocate a percentage of the profits they make from subscribers toward PEG channels.

Goulart said the proposed rules would allow cable companies to deduct from their franchising fees a value for these PEG channels, at a assessment they determine, as an “in-kind” donation.

He said this could lead to a situation where, if the rules were to go into effect— and he says they would go into effect immediately if they are enacted— the studio would be able to “keep the lights on,” but would not be able to pay its two full-time salaries, part-time salaries or purchase equipment to produce and disseminate television.

“This would have a crippling effect on public access,” he said. “This [proposal] came out of left field.”

The proposal has prompted the state’s two federal senators, Elizabeth Warren and Edward Markey, to send a letter to the chairman of the FCC, Ajit Pai, along with nine other senators opposing the rules:

“…[T]he proposal puts at risk critical funding for … [PEG] stations as well as broadband connections to schools and other public buildings. Our constituents watch PEG channels to monitor local government proceedings, hear the latest news from nearby college campuses, and consume other locally produced programming including emergency alerts and directives. Your proposal may jeopardize these important functions.”

PEG channels and their trade groups across the state and country have been united in their opposition to the proposed rule changes.

The rule was proposed by the FCC on Oct. 15. Although a comment period on the change has passed, comments to those already made are being accepted at fcc.gov/ regarding MB Docket No. 05-311.

Reply comments, letters of support or opposition and supporting documents have until 11:59 p.m. Dec. 14 to be submitted according to the instructions online.

“Massachusetts is one of the most vibrant states for public access,” said Goulart. “This is not good news…It’s a mess right now. It’s uncertain what it’s going to mean.”

New Fire Chief, dog hearing, Highway Surveyor and Assessors at Plympton BOS

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Plympton Animal Control Officer Griffin Webb came before the Board of Selectmen to testify at a dog hearing. Photo by Abram Neal.

PLYMPTON — The Plympton Board of Selectmen got off to an early start at 5:30 p.m. Monday, Nov. 19, when they welcomed new Fire Chief Stephen Silva, of Plympton, as head of the force. Area fire chiefs, family members, and Plympton Fire Department members were on hand to congratulate him.

The board next moved into a dog hearing, their first in many months, involving a dog named Mandy, a female brindle Plott hound, owned by Daniel Gazzola, who according to Animal Control Officer Griffin Webb, attacked another dog owned by Robert and Carol Quindley. Gazzola and Quindleys are neighbors on County Road.

Webb read his report into the record. “Quindley … stated that both of his dogs were outside in a completely enclosed fence attached to the house. He said that his neighbors dog ‘Mandy’ then got into an altercation with Mr. Quindley’s dog ‘[P]earl’ … resulting in a bite wound …”

Robert Quindley also testified before the board regarding the incident, stating that the attack went on for 15 minutes after Mandy jumped his fence, and that he was struggling to protect his dog, Pearl, with a stick the entire time.

Eventually, according to the report, Gazzola, the owner of the aggressor dog, removed her from the scene and was not present when Webb arrived.

Quindley rushed his dog to a veterinarian for treatment, he said.

Webb, at the suggestion of Selectmen at their last meeting, put Mandy under quarantine because she was not up to date on her rabies vaccine– or town license– and further placed the dog under a 14-day muzzle order before the hearing took place.

Webb described Gazzola as cooperative throughout the process, although he did not attend the hearing, which he was not required to do. Webb also said that Mandy was not aggressive to him, but that there was not another dog around at the time to “test” her behavior around other dogs.

Selectmen largely took Webb’s recommendation and ordered that Mandy be under the direct supervision of her owner at all times while outside her home, including on their property.

If she isn’t on a leash or a proper run, then she must be muzzled, according to the board’s order.

“Muzzles are tough,” said Webb. “I don’t want to see the dog muzzled outside for the rest of its life.”

But the board felt the need to protect the town, they said, and the dog can be unmuzzled if it is on a leash or run.

“I’m not up for another encounter,” said Quindley. His wife, Carol, agreed. “I just hope this works,” she said.

“So do we,” said Joy.

Later, Scott Ripley, Highway Surveyor, came before the board regarding speed limits, this time stating that it was unlikely the town would be able to set a blanket speed limit across the whole town, unless otherwise posted, as towns that choose this method of enforcement must be determined by the state to be high density.

Citing “town’s rights,” Selectman Mark Russo asked for permission from his colleagues to spend about a half-hour with Town Counsel to explore the issue further, and they agreed.

As the Express has previously reported, the state is changing some speed limits in Plympton and are replacing signs for free as part of a regional grant program with the new speed limits.

The Massachusetts Department of Transportation (MassDOT) sets these speed limits, not municipalities, according to their own rules and regulations.

This has upset some residents who have said they feel the speed limits are too high.

Finally, the Board of Assessors came before selectmen to hold the annual tax classification hearing. It was not attended by any residents.

At the recommendation of the Assessors, Selectmen adopted a singular rate across all classes of property for fiscal year 2019: “residential, commercial, industrial and personal property at their full and fair cash value of the tax levy, resulting in a single tax rate.”

The actual rate will be set after it is certified by the state, according to Wendy Jones, assistant assessor.

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.

New Fire Chief Silva sworn, says Dept. is ‘ready for the next level’

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Town Clerk Tara Shaw swears in new Plympton Fire Chief Stephen G. Silva. Photo by Abram Neal.

PLYMPTON — Stephen G. Silva, of Popes Farm, took over as the Plympton fire chief Monday, Nov. 19. The following day, he was personally cleaning out a storage room at the fire station— where he envisions a bunk room to replace the trailer out front— and was already easily joking around with the men and women who make up the department.

“Firefighting is a calling,” he said. “I’ve been chasing firetrucks since I was riding a bicycle.”

The 23-year Plympton resident said he is proud to take over the department and has a wide range of experience, including more than 40-years in firefighting and emergency medical services, in both the public and private sector. Most recently, he was a lieutenant with the Middleborough Fire Department, where he frequently served as shift commander.

But before Silva talked much about himself, he wanted to point out the dedication of the firefighters of the Plympton Fire Department.

The department went through a difficult period this year, he conceded— including an outside investigation, by Municipal Resources, Inc. The investigative report went so far as to describe “a department in crisis” when it was written in February. In March and May the department lost their chief and acting-chief, respectively.

Yet Silva said the department was not in crisis, it was a department “searching for an identity.”

The firefighters have been functioning quite well in the absence of a chief and in the hands of senior leadership, he pointed out, but now the department is ready for the “next level … and when we get there, we’ll go to the next level again,” he said. “We do have dedicated people.”

Silva is an EMT/paramedic, rescue specialist and special operations operator for the Massachusetts Department of Fire Services. In addition, he teaches rescue techniques and is an instructor at Massasoit Community College.

In the late 1970s and early 1980s, he worked as an EMT, first getting excited about working in the field while a student at Syracuse University in New York. He eventually returned to Massachusetts where he has held a series of jobs in urban, suburban and rural settings for both cities and towns and in the corporate sector.

He has done everything from running his own ambulance company in Brockton, Exodus Medical Transportation, to establishing the first fire-based Advanced Life Support (ALS) EMS system on the South Shore, to work as a flight paramedic.

At his interview before the selectmen, he came recommended by many area fire chiefs, including Whitman (who is the president of the Fire Chiefs Association of Massachusetts), Duxbury, the current and retired chief of Middleborough, the retired chief of Kingston and the deputy chief of Hanson, among other fire officials.

Silva spoke of some of the issues concerning him in town. One topic he came back to in several different ways was adapting: learning to extricate accident victims differently as cars change, to fight fires differently as development brings more houses to the edges of forests and the opioid epidemic— which he says is truly an epidemic.

Silva said that cars have changed over time, and that rescuers have had to adapt to changes in vehicles in order to rescue accident victims. He added that when he worked in Middleborough, he would respond to horrific crashes on I-495, and that cars are made very differently than they used to be. “It’s become more and more technical,” he said.

He also said that while Plympton is not California— referring to the wildfires occurring there now— the town needs to be careful how it chooses to develop. He said that brush fires can and do happen, and that there have never been so many houses close to the edge of forests. This has led to changes in the ways that fires are prevented and fought, he added.

Silva spoke also of the opioid crisis, which he labeled as endemic of something wrong with society, although he doesn’t know exactly what it is. Although he is not certain of the number of calls related to opioids in Plympton yet, he spoke passionately about the issue county and country-wide.

“It’s a sign of a deeper problem,” said Silva.

Despite the challenges, Silva is keeping his eye on the future. “We’re coming out of the background,” he said of the PFD.

“I’ve been overwhelmed by the ideas, the sense of community and energy here. Firefighters are cut from a different cloth … they’re different. Different in a good way,” Silva added.

Health agent wants charges dismissed

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PLYMOUTH — On Nov. 7, Plympton Health Inspector, Robert Tinkham, Jr. filed a 13-page motion to have five counts of a nine-complaint civil suit against him by the Carver, Marion, and Wareham Regional Refuse Disposal District dismissed. He is accused, along with two co-conspirators, Ray Pickles and his wife, Diane Bondi-Pickles, of defrauding the regional waste district of $838,458.22.

Tinkham, of Carver, previously worked as the Carver Health Agent, and, in that capacity, served as Carver’s representative to, and, at times, chairman of the committee overseeing the waste district, according to court records.

The lawsuit, which was originally filed in June and was amended against Tinkham— only— in August, accused him of conversion and civil theft, fraud, civil conspiracy, as well as violations of the Uniform Procurement Act and the conflict of interest law.

Tinkham, through his Brockton-based attorney John Fink of Sims & Sims, argued that the August amendment to the complaint was filed improperly, in a “bad-faith effort to needless[ly] complicates [sic] the litigation by presenting multiple active complaints,” in violation of the rules of civil procedure.

The waste district responded to this motion to dismiss Nov. 19.

It contains some of the strongest language yet used against him and responds point-by-point to his motion.

“Defendant Robert Tinkham, former chairman of the District’s governing committee and duly appointed representative of the Town of Carver, participated in this scheme by conspiring with the other defendants to install co-defendant Ray E. Pickles as the District’s executive director and then by presenting Pickles with numerous fake-claims over many years for payment under the guise of providing landfill inspection and other services. Notwithstanding these claims, Defendant Tinkham did not provide any services to the District and instead he abused his position of trust and confidence to defraud the District, a public entity, of more than $260,000,” the waste district says.

Tinkham argued that all of the defendants in the case, including Pickles, Bondi-Pickles and a corporation the two controlled, Moss Hollow Management Corp., are accused by the plaintiff with little distinction.

“All of the Claims refer only to the ‘Defendants’ collectively using the defined term ‘Defendants’ and contain absolutely no factual allegations that identify which particular Defendant is being accused of what allegedly improper behavior,” Tinkham’s motion states.

Therefore, says the filing, it cannot be determined which defendant is being accused of which alleged act and thus the complaints should be dismissed, as has been the case in similar litigation.

Similarly, he states that he is “entitled to know which statements were made by whom and at what time so that he may defend himself…” in relation to allegations he broke the law.

But the district claims that “In its Amended Complaint, the District sets forth specific and detailed factual allegations, in 47 numbered and lettered paragraphs, describing a scheme of fraud perpetrated by Defendant Tinkham, including when he committed the fraud, how he committed the fraud and the extent of the damage he caused. Specifically, the District alleges that Defendant Tinkham made numerous false representations of material fact, over the course of more than twenty years, by submitting false invoices requesting payment for services that he did not perform for the District.”

Tinkham points out three reasons that the claims he broke the Uniform Procurement Act should be dismissed: “failure to allege any contract subject to the laws,” that he was not a “procurement officer,” and that there is no right to privately sue under the act– enforcement is through the Office of the Inspector General or the Attorney General, he says. (The OIG is investigating, according to documents discovered in court files.)

“[T]he count must be dismissed because nowhere in the four corners of the complaint does the District allege it had a contract with Tinkham subject to the Uniform Procurement Act…” he argues.

Tinkham finally states that a party to the litigation was left out, also violating rules of civil procedure, the Southeastern Massachusetts Resource Recovery Facility (SEMASS) in Rochester. SEMASS contracts make up a large portion of the complaint, and they were paying the salaries and wages of workers according to the plaintiff, Tinkham says, and he argues they should have been subject to the litigation.

Because the complaint “seeks recovery of sums allegedly unlawfully paid by SEMASS…” he alleges that they weren’t included in the litigation because the waste district is fearful any recovery from the defendants may be returned in some part to SEMASS.

The plaintiffs say that SEMASS is not a necessary party as they do not purport to assert a claim against them.

Tinkham is an employee of the Town of Plympton, hired by the elected Board of Health at a meeting Jan. 9, 2018.

The case is ongoing and has been reassigned to Brockton from Plymouth. The next hearing on the matter is scheduled for Jan. 14, 2019 at 2 p.m. in Brockton Superior Court.

Tinkham denies all allegations.