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ACO leash law ‘put to sleep’

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PLYMPTON–On Monday, Oct. 29, Griffin Webb, the part-time Animal Control Officer for the Town of Plympton made an impassioned plea to the board for leash laws in town. But the board rejected those requests, noting that the current bylaws should give Webb the “teeth” to enforce the law against aggressive and nuisance pets.

Webb, who also works in Marshfield as an ACO, had compiled a list of surrounding town’s leash laws, and frequently made reference to what he explained as greater authority to enforce laws where he works in Marshfield.

Accompanying him was Robert Quindley, of County Road, who described a neighbor’s pit-bull mix attacking his beagle in an enclosed, fenced-in area of his yard. Webb had informed him that he could not take action against the dog or owner because of the lack of a leash law, something the board disagreed with.

Selectman Mark Russo, a veterinarian, said he was not in favor of leash laws. He said that although he professionally sees the results of dogs who fight, he also said that he sees dogs on a regular basis that “are half-crazy because they can’t run.”

He said that towns with leash laws need to have leash-free areas in town.

“Could we work leash-free areas into a law?” asked Webb. But the board was not budging.

“I totally support your enthusiasm, but you do have the power [to enforce the bylaws],” said Russo. Plympton bylaws do state that dogs must be under the control of their owner at all times, and have fines for violations.

“I don’t want to see you patrolling the streets for dogs,” said Selectman Christine Joy. “Maybe in the future.” But, she added, there is room for improvement in the bylaws.

Selectman Chairman John Traynor suggested that the fines for violating current animal bylaws, such as unlicensed or aggressive dogs, need to be drastically increased.

The board seemed to be gearing up for more hearings, though, as they did encourage Webb to bring forward his investigations and findings to the board in the future.

Webb also brought up the fact that he is having issues with livestock in the middle of the road, particularly sheep. This brought some laughter to the room, but again, the board encouraged him to use existing bylaws to deal with livestock.

Webb wished to know where he could get a citation book, like he has in Marshfield. Town Administrator Elizabeth Dennehy said that if the police could not obtain one for him, the town would order him one.

In other BOS news:

• Area58 Community Access Television, of which Plympton is a member, is bringing the ability to go “live” in high definition on cable for certain meetings held in Town House’s large meeting room. The board gave Area58 permission to move forward with the nominal cost of obtaining a static IP address for the technology to work.

• Dennehy, the town’s chief procurement officer, will be delegating more procurement responsibilities to department heads, while retaining some oversight at the same time for major spending projects.

• The family of Diane Giordani, who was killed in an alleged motor vehicle homicide in town last May, have donated a large American flag to the Plympton Fire Department in her memory. The board graciously accepted the donation, which the department suggested should replace the tattered flag flying outside the Town House campus.

• Selectmen will next meet Monday, Nov. 5, at 6 p.m. in the large meeting room at Town House. The board has decided to meet twice a month for the time being.

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.

BOS chooses police chief, hears about recycling challenges, holds dog hearing

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HALIFAX – Halifax Selectmen held a brief meeting Tuesday, Oct. 23, where they chose a police chief (see accompanying story), heard about challenges to the local and worldwide recycling industry and held a dog hearing.

Recycling Concerns

Sue Johnston, the town’s recycling coordinator and Todd Koep, of the MassDEP, appeared before the board. According to both Town Administrator Charlie Seelig, and Koep, China has been the processor of about 40 percent of the recycled materials for the world for many years now.

About 12 years ago, according to Koep, the entire world was put on notice by China to clean up their recycling. Too many contaminants were making it through in bundles of recyclables. “It’s not that the Chinese aren’t accepting materials, it’s that they’re not accepting contaminated materials.”

In fact, he says, inspectors from China now inspect all loads here in the U.S. before they are shipped to China, rejecting contaminated loads.

In order to prevent this contamination, materials are being run through MRFs (or Material Recovery Facilities) such as the one in Avon that Halifax uses for its recycling program more than one time (sometimes two or three times), to reach the target of only 0.5 percent contamination.

“Halifax has one of the cleanest streams around,” said Koep. “But, most towns are running 20-40 percent contamination,” he added.

Costs are increasing in the short term, and are up to $72.50 per ton, said Johnston.

When the board asked what to do about the problem, Johnston said she simply didn’t know. “Raise the recycling fee?” she asked, tentatively.

Selectman Troy Garron noted that citizens have to dispose of their trash and recyclables properly.

Selectmen Chairman Kim Roy thanked both Johnston and Koep for the history and their time.

Dog Hearing

A dog hearing was held in the case of a 1-year-old Halifax puppy, owned by Erika Azuma, of Lake Street.  The puppy jumped up on a Quincy woman after she attempted to pet him. Noreen Callahan, the Halifax Animal Control Officer, described the incident.

While the owner’s boyfriend was walking the puppy, a Quincy woman and her Halifax date were walking as well. The woman had her sunglasses knocked off when the puppy, apparently excited, jumped up at her while she attempted to pet him. Callahan noted no reports of a bite, injuries or a hospital visit.

The parties went their separate ways, said Azuma, until the Halifax date called the Town Clerk’s office, not wanting to file a complaint, but wanting “owner information” and threatening to sue, according to Callahan, who said he had left two “long-winded” messages.

Callahan, a warm but stern character, was unusually sympathetic to the owner and the puppy. Although she said the dog had “lunged at the victim,” she also noted that “puppies jump.”

“He’s a big puppy,” said Azuma, a veterinary technician, who attended the hearing with her mother. “And sometimes puppies are going to jump,” she added.

Roy, who historically has taken dog hearings very seriously, asked if the dog was in any kind of training program.

“Yes, since February,” Azuma replied.

This prompted Roy to make a motion to take no action regarding the incident, although Garron, himself an animal lover, interjected and made a motion that a standard letter reminding the owner to keep all vaccinations up-to-date and to ensure the dog is licensed be sent.

The motion passed unanimously.

Azuma and her mother thanked Callahan for her help and thanked the board for their decision.

In other BOS news:
• HOPS received permission to raze the playground at the Halifax Elementary School in mid-November so that they can get a head start on building the new playground when the winter is over. They are still short some money, said Jonathan Selig, of HOPS, and any donations are appreciated.

• Evergreen Beverage, doing business as Twin Lakes Liquors, has had their liquor license revocation hearing continued. They are behind on a tax payment plan, and are being given the chance to catch up by the board.

• The board will next meet Monday, Nov. 5, at 9 a.m. (Note the unusual time and date due to scheduling conflicts.)

Tensions flare at Kilburn hearing

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PLYMOUTH – “Fake crutch!” called out a male voice from the back of the Superior Court courtroom as Justin Kilburn, 29, of Kingston, entered alone, assisted by a crutch under one arm at the Plymouth Trial Court Friday, Oct. 19. Kilburn has been indicted on vehicular manslaughter and several other charges, including OUI, in a deadly head-on collision on County Road (Route 106) in Plympton last May that police reports say killed Diane Giordani, 52, of Plympton.

About 10 family and friends of Giordani, including her husband and sister, were visibly and audibly upset during and after the status hearing, which has been delayed three times this past summer by court-appointed attorney Jack Atwood, a Plymouth-based defense lawyer, for reasons including a vacation and being stuck in traffic.

There was a heavy security presence–eight court officers–in the room during the extremely brief hearing. Lawyers took less than three minutes to exchange paperwork and conference with the judge. It seemed over before it had even started.

The case, labeled as “most complex” by the clerk’s office, is expected to take many months to work its way through the system, according to assistant district attorney Russell Eonas, who spoke in the hallway outside the Superior Court with family members and friends of Giordani.

The family and friends surrounded Eonas and peppered him with questions. Eonas took about 30 minutes to answer their individual concerns and explained the process going forward and various theories of prosecution. By the end of the conversation, emotions had subsided, and the group was calmly talking about the Red Sox game the previous night.

When asked if the explanations by the ADA had assuaged their concerns, Giordani’s sister said, “Russ is great,” as other family and friends nodded in agreement.

Michael Giordani, Diane’s husband, is especially upset that speed limits, currently a very controversial subject in Plympton, are being raised by MassDOT, including, he says, directly in front of the accident site, because signage around town is being replaced for free by the state.

He added, “I drive by [the crash site] every day on my way to work, and I cry every day…keep writing about it.”

Halifax man charged in Hanson crash

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A Halifax man faces charges in connection with a rollover crash in Hanson Tuesday night that caused serious, but non-life threatening injuries to his passenger and himself.

At approximately 8:30 p.m., Oct. 23, Hanson Police received numerous 911 calls reporting  a motor vehicle crash in the area of 863 Monponsett Street (Route 58). Upon arrival the officers found that a 2014 Chevrolet Cruze had struck a utility pole and rolled over.   The vehicle was traveling south when it crossed the northbound lane striking the pole and rolling over.    

The vehicle sustained extensive damage in the crash. A small fire was extinguished by a passerby prior to the first responders’ arrival.

Hanson and Halifax Fire also responded. The road was closed for a short time and National Grid restored power.

The operator, Brian Alden, 36, of Halifax and his passenger Kelly Doherty, 31, also of Halifax both sustained serious but non-life threatening injuries in the crash.

Doherty was transported to South Shore Hospital by Halifax Fire.   

Alden initially refused treatment and was taken into custody.   Alden was charged with OUI liquor second offense, OUI liquor with serious bodily injury, operating after revocation of license, operating to endanger, and marked lanes violations.

Alden requested treatment later at the police station and was transported to Brockton Hospital. He was later transferred to Boston Medical for further treatment.

He was held on $1,000 bail and was expected to be arraigned Wednesday, Oct. 24 on the above charges.   

“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.”

SL Football falls to Whitman-Hanson

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The Silver Lake High football team continued its Patriot League play last Friday night at home and ran into yet another tough foe.

The Lakers hosted the Whitman-Hanson Panthers and while the game was competitive for the majority of it, Silver Lake was not able to get enough big plays to overcome a now-healthy Panthers squad. The Lakers fell 29-6 in the game and to 1-5 on the season.

At first, it looked like Whitman-Hanson could run away with the game. They scored a pair of touchdowns and hit their extra points just three minutes into the game, making it a 14-0 contest before the Lakers had a full offensive drive. However, the Lakers would fight back with a big play of their own later in the quarter.

Sean Waters reeled in a 71-yard touchdown pass from Ben Lofstrom with 2:53 remaining in the first quarter, making it a 14-6 game. The Lakers played stout defense for the rest of the first half, so this would also end up being the score headed into halftime.

Neither side got much going offensively in the third quarter either, but Whitman-Hanson pounded their way downfield and took a two-touchdown lead with 7:29 left in the game with a short touchdown run and successful two-point conversion.

About a minute later, the Lakers threw an interception which set the Panthers up for a 76-yard touchdown run with 5:23 left in the contest to go up 29-6.

Ultimately, that would end up being the final score because when Whitman-Hanson got to the Lakers 4-yard line with under two minutes remaining in the game, they knelt to run out the clock.

The Lakers next bout is this Friday, Oct. 19 (7:00 p.m.) on the road against the Duxbury Dragons, who are 6-0 so far this season.

OCPC asks how residents envision Plympton Village

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PLYMPTON – On Monday, Oct. 15, Lisa Sullivan, a senior planner with the Old Colony Planning Council held a drop-in event at Town House to solicit opinions from the public and from town officials and committee members regarding the future of the village center and the Town House campus.

She was quick to note that it was a “visioning” event and that she was there to seek input, not to change anything. The OCPC provides grants and technical assistance for projects such as the future development and improvement of the village center, something that Selectmen have been discussing for some time.

“This is one…of the reasons that I ran for Selectman,” said Selectman Mark Russo. He wants to leave a “master plan” in place for officials in the future.

Some residents seemed a little confused as to who Sullivan was and what she exactly was there to do.

“Please don’t get upset,” said Sullivan. “We’re not here to make decisions…We make recommendations. We make a report.”

She’ll be summing up all of the input she gets, including from an online survey in a report that the Selectmen should receive in November, she says, for the Town to use as it sees fit.

They will analyze demographics, current zoning, streetscapes, parks, housing possibilities, even lighting and crosswalk preferences.

“Nothing will happen of this unless your community decides to act on it,” Sullivan added.

Participants at the event filled out surveys as they sipped bottled water and snacked on free cookies while talking to Sullivan, after she gave a brief presentation.

They also voted by placing colored stickers on charts depicting different suggested improvements for the village center. For example, several different types of affordable housing were pictured, and residents placed stickers next to the type they preferred, if any. Another chart contained several types of parks, while another showed crosswalks and another light polls.

One thing that became apparent quite quickly is that people define the boundaries of the village center in many different ways.

The board, according to Russo, hopes to have a master plan in place within a year. The survey is still available online at https://www.surveymonkey.com/r/JNCL2HK

Who makes the speed limits?

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Speed limits in Massachusetts are different than in most of the rest of the country, according to documents from the state’s department of transportation (MassDOT) Highway Division.

Several Massachusetts General Laws govern speed limits on all streets and highways throughout the Commonwealth, with the exception of the Massachusetts Turnpike.

Uniquely, the basic premise under Massachusetts law is: “No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.”

This is important, they say, as no regulation supersedes it. A road may be legally posted for 30 mph, but weather conditions, traffic, construction or other hazards may mean the “reasonable and proper” limit is lower than the posted limit.

An easy phrase to remember is that speed limits are for the, “daytime, conditions permitting.”

Under proper conditions, limits can be split into two categories: posted or regulatory speed limits and statutory speed limits which are unposted.

Statutory speed limits exist in the absence of special speed regulations (which are simply posted speed limits). With the exception of school zones, if a special speed regulation exists it will supersede the statutory speed limit, according to MassDOT.

But, “It shall be prima facie evidence of a rate of speed greater than is reasonable and proper if a motor vehicle is operated in excess of 50 mph on a divided highway outside of a thickly settled or business district for at least 1⁄4 of a mile, 40 mph on an undivided highway outside of a thickly settled or business district for at least 1⁄4 of a mile, 30 mph in a thickly settled or business district for at least 1⁄8 of a mile and 20 mph in a legally established school zone.”

A regulatory speed limit is one that has completed a traffic engineering study, has a special speed regulation that has been signed by the road’s owner, the Registry of Motor Vehicles, the MassDOT Traffic and Safety Engineering Section and has the appropriate signage erected to clearly define the special speed zones. If this procedure is not followed, the speed limit is in violation of the law and is considered unenforceable, says MassDOT.

The traffic engineering studies that set special speed regulations consider the speed that drivers actually are traveling. Curiously enough, there is an assumption that most drivers are “prudent and capable of selecting safe speeds.”

After completing a speed study, considering crash data and historical conditions in that area, the observed 85th percentile speed, which is “a measured value of prevailing speeds at which 85 percent of all vehicles are traveling at or below in free-flowing traffic” is the basis for establishing a limit.

After the 85th percentile speed has been calculated, the value is rounded to the nearest multiple of five to determine the limit. With few exceptions, this is the speed limit that is set.

Should a municipality wish to challenge a speed limit on a municipal roadway, they can do a speed study at their own expense, and even then MassDOT does not guarantee a change in the limit, according to the Plympton Highway Surveyor, Scott Ripley.

In Halifax, voters recently turned down a Special Town Meeting article to set a fundamental speed limit across the town, so that it would be lower than the statutory speed limit, an option that is being explored by Plympton officials who are concerned about the state raising speed limits there.

Speed limits dominate BOS agenda again

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PLYMPTON – Scott Ridley, Plympton Highway Surveyor, was back before the Board of Selectmen Monday, Oct. 15, explaining new speed limits on several stretches of town roads and asking the board to reaffirm some rules at the transfer station.

As part of a grant from MassDOT, the state’s department of transportation, signage across Plympton is being updated at no cost to the town. But, the state is raising some speed limits as part of that process, upsetting some residents.

Ripley has been caught in the middle ever since explaining MassDOT policies.

He has previously stated that MassDOT (the state) sets speed limits, not the town. If a town wishes to change that speed limit, they have to do a speed study at their own expense, he says. The speed limit is set at a certain percentile of the speed that drivers are actually driving.

Ridley told selectmen that the Old Colony Planning Council, a regional planning agency, did such a speed study in July and August, at the far ends of Main Street. Ripley said he would find out if OCPC could do a study for all of Main Street.

Former Selectman Howard Randall was in attendance, and spoke at length about dealing with MassDOT, which he referred to under its old title “MassHighway.”

“MassHighway does what MassHighway does,” Randall said. “Where is the planning, where is the public input in all this? There is none.”

He also asked, “Where are the police? We’re not coordinating with them?”

This prompted Selectman Christine Joy to say that the board could talk to the police about stepping up enforcement of the posted speed limits. Later, the board directed Town Administrator Elizabeth Dennehy to speak with the police chief about the matter.

Selectman Mark Russo suggested that setting a “fundamental” speed limit, where the speed limit would be defined at 30 mph unless otherwise posted.

But even this default speed limit combined with increased enforcement and the speed study did not assuage Randall’s concerns.

“MassHighway could give a damn about Plympton’s rural character,” he said with frustration in his voice.

“This is not going to be a quick process,” said Ripley.

Ripley also was present to explain some rules that need to be better enforced at the transfer station, which he deferred to Art Morin, of the Board of Health, to explain.

“We need a few things reinforced,” Morin said.

He said that they wanted to make sure that each “dwelling unit,” as defined by the building code, be required to have a separate transfer station sticker, for the few apartments or two-family homes in the town.

He also noted that stickers must be permanently affixed to the rear window of the vehicle.

“Every now and then a vehicle from Halifax gets through,” he said, stating that some people tape them to their cars.

“Try getting into Duxbury with the sticker in the wrong spot,” he joked. “Not even a chance.”

The board affirmed Morin’s and Ripley’s requests.

In other news:

• Selectmen executed the contract of the selected fire chief, Stephen Silva. It is awaiting his signature.

• The board renewed the contract of Sgt. Stephen Teri. It is also awaiting his signature.

• The Plympton Fire Department’s surplus mini-pumper has been sold for $60,000.

Selectmen will next meet Monday, Oct. 29, at 6 p.m. i