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Thompson will not seek second term

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Selectman Chairman Colleen Thompson announced at Monday night’s selectmen’s meeting she will not seek re-election. Thompson has served one term on the board.  Thompson, in her 2014 campaign said, “I ran because I felt the current board needed a different point of view.”

As well as being Chairman of the Board of Selectmen, Thompson also chairs the Public Safety Building Committee, that is planning the building of a new police station for the town.

Another position unexpectedly became open Monday night. Town Clerk Tara Shaw came before the board early into the meeting with what she described as “time sensitive” news.

Marilyn Browne from the Finance Committee gave her letter of resignation, which means there will now be three positions on that committee on the ballot in May’s town election.

Shaw told selectmen, “This means there will now be two Finance Committee positions for three year terms and one for two years.” She also said the deadline to submit nomination papers is Tuesday, April 4, 2017.

Selectman Clerk John Traynor said, “The board regretfully accepts the resignation.” The Board as a whole all expressed how much Browne will be missed.

Joy Marble is new COA Director

Selectmen were able to fill an appointed position Monday night.  Joy Marble of Halifax was appointed as Chairman of the Council on Aging.

Marble brings a decade of experience to the position as she had chaired the Halifax Council on Aging for ten years. She also brings private sector experience as a former paralegal and human resources supervisor.

Marble graduated from Silver Lake Regional High and is an alumna of Bridgewater State University, where she earned a bachelor’s degree.

Public Safety Updates

During executive session, Fire Chief Warren Borsari met with selectmen and presented a budget to the finance committee.  More work was discussed to make sure emergency services do not drop to basic level life support.

Selectmen also confirmed that every office and meeting room in the Plympton Town Hall now has a panic button installed. Thompson said that the Police department will know exactly where an incident is based on which panic button is pushed. In addition to these installations, there are also plans for the old system to be moved to the library.

Halifax approves $7.2 million million override in Halifax

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Halifax voters approved a $7.2 million Proposition 2 ½ debt exemption to repair the roof, windows, doors, and siding to the Halifax Elementary School at a Special Town Meeting held Tuesday, March 7. This question will appear on the election ballot  Saturday, March 10 and will require a majority vote.

Selectmen Chairman Troy Garron declared it a record turnout, and the vote required a two thirds majority to approve the warrant article.

The article read, “To see if the Town will vote to appropriate, borrow, or transfer from available funds, $7,262,124 to be expended under the direction of the Halifax School Building Committee for repairs and renovations to the Halifax Elementary School.”

Town Administrator Charlie Seelig gave a slide presentation explaining the costs and highlighting the dire conditions at the school, showing failing siding, doors, windows and more.  “The roof and siding were put on back in 1993 and some of the doors are older.”

In order to help defray the costs, the Town has applied for a grant from the Massachusetts School Building Authority (MSBA), which, if approved, will pay for $3,456,262 of the cost.

Seelig went on to discuss the MSBA’s work throughout the state, showing work done through the MSBA in 28 school districts and 49 schools in 2016.

The balance of the cost of the repairs will come from a twenty-year bond that will increase taxes by $157.36 for the median value house. However, the surtax will decrease yearly as the bond is paid.

Concerned citizens questioned the cost, and expressed concerns as to how the school has managed their maintenance budget.

Silver Lake Regional School District Superintendent Joy Blackwood told voters that the costs covered in a maintenance budget are for small things like painting, roof leaks, and such. She reiterated that these are major repairs that require capital expenditure. Blackwood further said, “The siding was put on backwards and won’t even hold the paint.” In addition, she said, the repairs needed are beyond any school’s regular maintenance budget.

Other concerns voiced were about what sort of materials would be used and if the roof and siding will hold up for the life of the 20-year bond.

Blackwood explained that although no guarantee could be made about a roof holding past twenty years, and furthered that the Massachusetts School Building Authority has rigorous specifications for materials they fund.

Seelig also emphasized his take on the cost. He says, “The longer we wait to do this, the more it will cost,” citing the expected increase in interest rates over the next few years.

While this warrant article was approved, the school Fire Suppression System was passed over for now.

Initially, this was projected to cost $687,876, but this initial estimate was not accurate. Selectman Thomas Millias told voters selectmen learned the upgrade will actually cost almost a million dollars.

The fire suppression system project budget now is estimated to cost $996,033. The town voted by majority to pass over this repair until more work and thought can be put into it.

In total, there were eight articles voted on by the special town meeting at large. In Halifax, the warrant articles are voted on in a random order, except for Articles 4 and 5.  Article 5 is dependent on passage of Article 4, both concerning the Solar array PILOT agreement between Halifax and SunConnect, at 69 Summit St.  Both articles passed unanimously.

Article 8 asked the town to vote to accept Massachusetts General Laws, Chapter 41, Section 110A. This law says it allows, “Town departments to remain closed on Saturdays or take any action thereon. It passed by unanimous vote.

Article 3 proposed the town amend its current bylaw Chapter 167-7 (C). This law defines what’s considered a business/place of indoor or outdoor recreation and sets guidelines on proper insulation and maintenance regarding noise abatement. Seelig asked that the article be passed over until he can make the language clearer and not impact events like Mud Fest. The town voted unanimously to pass over Article 3.

Article 6 concerns notifying the Silver Lake Regional School Committee on whether or not Halifax will approve the proposed land sale to the Town of Kingston for a police station. Both  Selectmen and the Finance Committee recommended passing over this article until the next town meeting. The town voted unanimously to pass over Article 6.

Article 7 asks to the town to vote on appropriating and raising funds for a provision of a collective bargaining agreement for 2017. This potential collective bargaining agreement is between Local Union 3159 (firefighters) and the Town of Halifax.  It includes a provision that, “The town pay the difference in pay received by an employee in military service and the amount the employee would receive working for the Town or take any action thereon.” Selectmen asked this article be passed until next town meeting. The town  voted unanimously to pass over Article 7.

Lakers runners shine at States

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The Silver Lake boys’ and girls’ track teams took to the track and proved they have some of the best runners in the state.

On Sunday, Feb. 19, top performing individuals from the two teams gathered at the Reggie Lewis Center in Boston to show what they could do compared to their peers statewide. Certainly, they gave it their best effort.

On the girls side, sophomore Ali McDonough made Lakers history which goes down as the biggest achievement — team or individual — for the Lakers. She set a school record with her 55-meter hurdle run (9.21 seconds), topping the record set by Ali Supple in 2012. She also placed 23rd in the 55-meter dash (7.78)

Long distance runner Ali Gavigan competed in the 2-mile run and came in 14th among competitors (12:34.77).

As a team, the Lakers girls team competed in the 4×200 meter relay. They finished 16th overall (1:56.28).

The team also had a pair of field event competitors with Tess Lalley and Karen Ho in the long jump. Lalley placed 20th (13 feet 3 ¼ inches) and Ho came in 21st with a near-identical jump (13-03).

On the boys side, Max LaFerrara earned a 26th place finish in the 55-meter dash (7.04) while Max Shirikjian took 17th in the 300-meter dash (38.61). Shirikjian also did the long jump and earned a 14th place finish (19-02.50).

John McCarthy and Brian Sherry ran the 55-meter hurdles and came in 16th (8.55) and 24th (9.01) respectively.

As a team, the Lakers competed in two events: the 4×200 relay and the 4×400 relay. The 4×200 was their better event as they snagged a 10th place finish (1:37.48). In the 4×400, they came in 17th (3.47.78).

Neither the boys nor girls squads qualified anyone for All-States, which effectively ends both their seasons.

Lakers girls shine at swimming States

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The final meet of the season is not only important because it determines a team’s final record and measures their total season success, but also because it is a testament to what they have done all throughout the season and the overall progression of individuals in their athletic careers.

Since December, the Silver Lake girls swim team gave it their best effort and at the Division 1 State meet on Saturday, Feb. 18, four of their top swimmers showed what they were capable of in several different events.

The end result of the meet held at Boston University was definitely a positive one for the Lakers. While they did not win a State Championship, they came close. The team amassed 154 points so in the end, they came in fourth place among 37 competing programs despite only competing in 10 of the meet’s 12 events. The Lakers lacked competitors in the diving events.

While the Lakers were not team state champs, it did not stop junior Maddie Milbert from winning a state championship of her own. Her time of 56.99 seconds in the 100-yard backstroke was good for a first place finish. Milbert was also within a second of a first place 200 yard individual medley win, but her 2:07.66 was still good for second place in the event.

As a team, the Lakers also came within a second of a title in an individual event: the 200 yard medley relay (1:51.01). They also came in seventh in the 400 yard freestyle relay (3:44.57).

Senior captain Lindsay Kalinowski, sophomore Katherine Morrissey and freshman Alexa Connors also competed for the Lakers.

In her final meet with the Lakers, Kalinowski came in seventh place in the 100 yard breastroke (1:10:08). She also had a 15th place finish in the 500 yard freestyle (5:31.29).

Morrissey took ninth in the 100-yard breaststroke (1:11.17) and 12th in the 100 yard butterfly (1:00.78) while Connors finished third in the 200 yard freestyle (1:55.53) and fourth in the 500 yard freestyle (5:11.40).

With three of their top four swimmers returning, the Lakers should be in position for another successful season next school year.

Solar Field in the works for Summit Street

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On Tuesday, Feb. 28, Principal Assessor Karen Trudeau met with Halifax Board of Selectmen to discuss a potential solar field PILOT (payment in lieu of taxes) program at 69 Summit St. Town Administrator Charlie Seelig had briefly discussed the solar field at the selectmen’s meeting Feb. 14. Seelig brought new details to the Board’s attention this week.

Halifax would be working with SunConnect, a national solar company based in Naples, Florida. Nothing yet is finalized, but negotiations with SunConnect are taking shape, Seelig told the board.

Trudeau told selectmen, “The PILOT right now as it sits, is $24,699 per year for 20 years,”  that would cover taxes on both the land and the solar equipment itself.

Town Administrator Charlie Seelig said the selectmen intend to take the solar PILOT proposal to the Special Town Meeting March 11.  Selectmen Vice-chairman Thomas Millias suggested more information be provided beforehand, however, specifically, the exact number of solar panels that will be installed.

Trudeau didn’t know the number of panels, but said that five of the property’s 10 acres will be used for solar panels. Seelig said, “Just bring it (the number of panels) to Town Meeting; somebody else besides Tom might ask.”

If the PILOT is approved, this would be the second solar field in Halifax. The other is on Monponsett Street at the Halifax-Plympton town line on Route 58.

In other news, Seelig told the Board that Plympton selectmen have voted to contribute to the cost of an independent appraisal of the Silver Lake Regional School District land which five-acre parcel the town of Kingston wishes to purchase in order to put construct a new Kingston Public Safety Building.  Both towns, Plympton and Halifax, want an independent appraisal done to confirm or rebut the $250,000 price that the School District has set.  There will be a public hearing on the land sale on Thursday, March 9, at 7 p.m. in the Large Group Room at the Silver Lake Regional High School, 260 Pembroke St., Kingston.  All interested persons are urged to attend.

Tarawood Kennels

dog attack

Seelig told selectmen that another dog attack was recorded in Halifax, this time at Tarawood Kennels, 7 Plymouth St., resulting in injuries to a person. Seelig told the Board that the injuries are considered serious. Millias said he saw photographs and the attack looked serious. He suggested a dog hearing take place.  Selectmen voted unanimously to hold a dog hearing on Tuesday, March 14.

Special Town Meeting Tuesday: Special election March 11 to exempt school repairs from Prop. 2 1/2

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Tuesday, March 7, Halifax voters will convene at the Halifax Elementary School, 464 Plymouth St., Multi-Purpose room, at 7:30 p.m. for the purpose of conducting a Special Town Meeting.  The warrant, which includes eight articles, two that cover funding for repairs and renovations to the Halifax Elementary School, zoning changes for commercial indoor or outdoor amusements, PILOT (payment in lieu of taxes) agreement for a Solar Energy installation on Summit Street, collective bargaining, and a nonbinding vote to voice the approval or disapproval of the townspeople of Halifax regarding the sale of Silver Lake School District Land to the Town of Kingston, among others.

Saturday, March 11, a special town election will be held to approve two questions for repairs to the Halifax Elementary School.  Voting will take place in the Multi-Purpose Room at the Halifax Elementary School, 464 Plymouth St., from 10 a.m. to 6 p.m.

If the school repair project or projects are approved both at Town Meeting and at the Special Election, work can be done during the summer months when school is not in session.

The first of the two articles asks for $7,262,124 for repairs to the roof of the Elementary School, windows, doors, siding, and tree work, as well as the architectural and engineering support that the project would need.  Halifax will receive approximately $3,472,607 from the SBA (School Building Authority) toward the project.  The remaining sum will be funded through a 20-year bond that will add .4946 to the tax rate, or about $147.25 to the tax on a median valued house.  This will decrease each year as the debt is paid, and by year 20, will be -0- and no longer included in the tax rate.   In order to do this, the amount needs to be exempted from the so-called Proposition 2 ½.

The second school repair article asks for  $687,876 to work on the fire suppression system (sprinkler system) and security system.  The Finance Committee will make its recommendations at Town Meeting.

The HES roof was last replaced in 1993-94, 23 years ago. 

Absentee ballots are available at the Town Clerk’s office for those not able to vote in person.  For details on how to vote by absentee ballot, call the Town Clerk at 7981-293-7970.

The complete Special Town Meeting warrant follows:

ARTICLE 1:

To see if the Town will vote to appropriate, borrow or transfer from available funds, $7,262,124 to be expended under the direction of the Halifax School Building Committee for repairs and renovations to the Halifax Elementary School, located at 464 Plymouth Street, including but not limited to the roof, windows, doors, siding, and trees, including but not limited to any architectural, engineering, and administrative work associated with this project; which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program and for which the Town has applied for a school construction grant from the Massachusetts School Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and if the MSBA’s Board of Directors votes to invite the Town to collaborate with the MSBA on this proposed repair project, any project costs the Town incurs in excess of any grant that may be approved by and received from the MSBA shall be the sole responsibility of the Town.

Finance Committee Recommendation at Town Meeting

ARTICLE 2: Proposed by the Board of Selectmen

To see if the Town will vote to appropriate, borrow or transfer from available funds, $687,876 to be expended under the direction of the Halifax School Building Committee for repairs and renovations to the Halifax Elementary School, located at 464 Plymouth Street, including but not limited to the fire suppression system and security system, including but not limited to any architectural, engineering, and administrative work associated with this project.

Finance Committee Recommendation at Town Meeting

ARTICLE 3: To see if the Town will vote to amend Chapter 167-7(C) (Schedule of Use Regulations) by changing to the following from:

Commercial indoor or outdoor amusements, recreation places, or places of assembly, excluding outdoor movie theatres [See § 167-7D(6)], adult clubs, adult mini motion- picture theatres and adult motion-picture theatres Agricultural-Residential Business Industrial Industrial-2 Conservancy

(AR) (B) (I) (I-2) (C) N Y SP N SP

(6) Commercial indoor or outdoor amusements or recreation places, permitted in the B District and allowable by special permit from the Board of Appeals in the I and C Districts. This excludes outdoor movie theatres. It requires that the building be so insulated and maintained as to confine any noise to the premises and that it be located at least one hundred (100) feet from a residential district.

To:

Commercial indoor or outdoor amusements, recreation places, or places of assembly, excluding outdoor movie theatres [See § 167-7D(6)], adult clubs, adult mini motion- picture theatres and adult motion-picture theatres

Agricultural-Residential Business Industrial Industrial-2 Conservancy (AR) (B) (I) (I-2) (C)

SP Y SP N SP

(6) Commercial indoor or outdoor amusements or recreation places, permitted in the B District and allowable by special permit from the Board of Selectmen in the AR, I and C Districts. This excludes outdoor movie theatres. It requires that the building be so insulated and maintained as to confine any noise to the premises and that it be located at least one hundred (100) feet from a residential district.

And to amend Chapter 167-12 (Density regulations for specific uses) from:

D. Commercial indoor or outdoor amusements, recreation places or places of assembly must be located at least one hundred (100) feet from a residential district.

To

D. Buildings for commercial indoor or outdoor amusements, recreation places or places of assembly must be located at least one hundred (100) feet from a residential district. and to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 4 To see if the Town will vote to provide the authority for the Board of Selectmen (or their designee, The Board of Assessors) to negotiate a proposed Solar Energy PILOT Agreement between the Town of Halifax and SunConnect MA12 LLC on behalf of the Town and to take any other action relative thereto.

Proposed by the Board of Assessors

Finance Committee Recommendation at Town Meeting

ARTICLE 5 To see if the Town will vote to approve the Agreement for Payment in Lieu of Taxes for Real and Personal Property (the “PILOT Agreement”) as approved by the Board of Selectmen on February 28, 2017 among and by the Town of Halifax and the solar energy generation company SunConnect MA12 LLC as such PILOT Agreement was negotiated by the Board of Assessors on behalf of the Board of Selectmen and to take any other action relative thereto.

Proposed by the Board of Assessors

Finance Committee Recommendation at Town Meeting

ARTICLE 6 To see if the Town will vote to request that the Board of Selectmen notify the Silver Lake Regional School Committee that the Town of Halifax recommends approval or disapproval of the proposed sale of land owned by the Silver Lake Regional School District to the Town of Kingston for a police station in the Town of Kingston and to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 7 To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to fund the provisions of the collective bargaining agreement for Fiscal Year 2017 between IAFF, Local 3159 (Firefighters) and the Town of Halifax, including a provision that the Town pay the difference in pay between the pay received by an employee in military service and the amount that the employee would receive working for the Town or take any action thereon to take any other action relative thereto.

Proposed by the Board of Selectmen

Finance Committee Recommendation at Town Meeting

ARTICLE 8 To see if the Town will vote to accept Massachusetts General Laws, Chapter 41, Section 110A allowing Town departments to remain closed on Saturdays or take any action thereon to take any other action relative thereto.

Proposed by the Town Clerk

Finance Committee Recommendation at Town Meeting

Special Election March 11

And on Saturday, March 11, 2017 from 10 a.m. to 6 p.m. to meet at the Halifax Elementary School:

QUESTION 1

Shall the Town of Halifax be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued to pay for the costs of repairs and renovations to the Halifax Elementary School, including but not limited to the roof, windows, doors, siding, and trees, including but not limited to any architectural, engineering, and administrative work associated with this project?

QUESTION 2

Shall the Town of Halifax be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued to pay for the costs of repairs and renovations to the Halifax Elementary School, including but not limited to the fire suppression system and security system, including but not limited to any architectural, engineering, and administrative work associated with this project?

___ Yes ___ No

Boys and girls hockey, boys basketball teams earn playoff spots

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During winter sports season, most teams have their eye on a potential playoff spot.

In many sports, the postseason criteria is essentially for a team to win more than they lose, although there are some exceptions and loopholes that allow teams tournament spots. Here is a look at how the basketball and hockey teams did this season and where they stand for postseason contention.

The girls’ hockey co-op with Whitman-Hanson has been strong all season. At 13-3-3 through 13 games, they not only made the playoffs, but will likely have a high seed and be a strong postseason competitor. After all, that is what happens when a team averages more than five goals per game and lets up about two. In that time frame, senior forward Melanie McAleer, senior forward Hannah Tracy and freshman forward Alyssa Murphy combined for 65 goals and 72 assists.

At 12-8, the boys’ basketball team has battled all season through a tough Patriot League schedule. A strong offensive-minded team, they are typically led by Cam Keefe and Rob Ventola on the attack. Perhaps momentum will give the Lakers a postseason push. They finished they regular season by winning two of their last three games.

On Monday, the boys’ hockey team (5-14-1) clinched a Division 3 South playoff spot, helping round out the playoff bracket. Last week, they picked up back-to-back wins and throughout the season, they have not relied too heavily upon one particular scorer. Sophomore forward Alex Heffernan leads the team with 10 goals, but the team has had 15 different goal scorers this season. On the year though, they have been outscored, 74-48.

Finishing the year at 5-15, the girls’ basketball team missed out on a playoff spot. The Lakers started the year hot, winning four of their first six contests, so the talent is there and it is worth noting they are a young team, so they have time to grow and the potential to grow and excel in the near future.

Lakers compete at state meet

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Pound for pound, the Silver Lake wrestling team proved they have some of the best wrestlers in the state.

Last weekend, many of the team’s wrestlers made the trek up to Algonquin Regional High School in Northborough to compete in the Division 2 State Wrestling meet. In order to make it that far, the wrestlers needed a top-6 performance in their respective weight class at the South Sectional meet the week before.

By the end of Saturday, the Lakers had advanced two wrestlers to All-States, which will take place this upcoming weekend at Reading Memorial High School.

Though they were underdogs headed in — a No. 7 and No. 16 seed respectively, Alec Snell (145) and Grant Laws (285) were able to each place sixth in their weight classes at the state meet.

Over the two days, Snell won three of his six matches in a tough bracket. Laws finished the bracket with the same record.

In all, the Lakers sent four wrestlers to states. Zachary McCarthy (106) and Gavin Hamilton (182) were the other two members of the team to compete. The two dropped both of their matches, but will likely have another shot at it next year as McCarthy is a freshman this season and Hamilton is a junior.

Overall, the Lakers accumulated 18 points at the meet, which tied them for 31st along with Wellesley.

The week before at sectionals, the Lakers came in seventh in the south bracket and had six top-6 finishers. Snell had the top performance, coming in second while McCarthy, Hamilton and Laws each came in fourth for their weight classes. Dan Walsh (113) wrestled his way to a fifth place finish at sectionals and Pat Ganley (120) came in sixth.

What stood out at states though is that Snell was able to beat Hingham’s RJ Harrington at 145 pounds in an 8-4 decision. Snell fell to Harrington in the sectional finals, so the win served as redemption for the Lakers.

If the Lakers have a top-6 performer at All-States, then they will advance to All-New England’s the following weekend.

DEP: Monponsett Ponds are impaired

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The Massachusetts Department of Environmental Protection has issued an Administrative Consent Order and Notice of Noncompliance to the City of Brockton that would hold the City to enumerated standards regarding when and under what conditions diversionary flows from Monponsett Pond into Silver Lake can occur.

Several of these orders take place immediately:

• Brockton must not divert water from Monponsett Pond to Silver Lake when there is a cyanobacteria bloom in Monponsett Pond that exceeds the MDPH standard of 70,000 cells/ml.

• Brockton must continue manually opening the Monponsett to Silver Lake diversion structure/apparatus to provide lower water transfer rate (approximatly 12 to 14 million gallons per day, which is about half of the maximum diversion rate) with the intended goal of pulling less water from West Monponsett to East Monponsett during diversions.  This provision may be waived at the discretion of the DEP should unanticipated environmental conditions warrant

• Brockton will begin operating the Stump Brook Dam/Fish Ladder in a manner to ensure that at least 900,000 gallons per day (g/d) is leaving West Monponsett Pond and entering Stump Brook whenever Brockton is actively diverting from Monponsett Pond to Silver Lake in accordance with the requirements of Chapter 91 License 4987.  Brockton will also see that the Stump Brook Dam Fish Ladder remains open and passable for migrating fish during the herring migration seasons in Spring and Fall of every year.

• Brockton will make immediate efforts to contact area cranberry growers to coordinate Stump Brook Dam openings so that the Stump Brook Dam Fish Ladder and Sluiceway can be opened to coincide with releases of cranberry harvest and flood return flows to West Monponsett Pond/Stump Brook so that those return flows exit the Monponsett Pond system as quickly as possible as long as pond elevation supports the flow.

• Once Monponsett Pond reaches a level of 53 feet, six inches above zero elevation of 52.5 feet, or June 1, 2017, whichever is earlier, Brockton will begin operating the Stump Brook Dam fish ladder gate in a manner to ensure at least 900,000 g/d is leaving West Monponsett Pond and entering Stump Brook at all times, unless the pond elevation cannot support it, with the fish ladder gate placed at its lowest elevation, about 51.8 feet. This requirement will remain in force until it is further evaluated as part of the Resource Management Plan development and otherwise approved by Mass DEP.

Within 60 days:

• Brockton will complete installation of stop logs on top of the dam-like structures separating the Monponsett intake chambers from the diversion pipe intake.

Within 6 months:

•  Brockton shall submit for MassDEP review and approval a proposed Final Scope of Work (SOW) for preparation of the Resource Management Plan, based on scientific data and evaluation, that will include recommended metrics and procedures for Silver Lake Diversions and Stump Brook Dam Operations intended to improve Monponsett Pond’s water quality and ecosystem while maintaining Brockton’s drinking water supply system reliability.

• Before submitting the proposed SOW to DEP, Brockton will release a draft for public comment and conduct at least one public meeting to discuss the report and gather public input.   The Draft SOW will be posted in the Environmental Monitor and properly advertised with copies of the Draft available in each respective community library or designated repository.

Within 24 months:

• Brockton will submit to MassDEP a final Resource Management Plan and Implementation Schedule developed in accordance with the Resource Management Plan Scope of Work as approved by MassDEP.

Within 6 months of the DEP’s approval of the Final Resource Management Plan and Implementation Schedule:

• Brockton will commence implementation of the MassDEP approved Resource Management Plan and Implementation Schedule.

• Brockton is ordered to continue to operate so that the 12 month running average of water pumped into Brockton’s water distribution system must not exceed 11.3 million g/d or 110% of the MassDEP approved system safe yield.  Brockton must continue to submit monthly reports to MassDEP showing the 12 month running average of water from all sources.

• None of Brockton’s activities are to interfere with the recreational uses of the ponds for boating, bathing, or fishing.

Because MassDEP has listed Monponsett Pond as impaired, to comply with the requirements of the Federal Clean Water Act, the MassDEP will prepare a Total Maximum Daily Load report for East and West Monponsett Ponds that wil estimate the annual nutrient additions to the ponds, calculate the nutrient load-carrying capacity for each, and set goals for nutrient reductions according to the land uses and activities around East and West Monponsett.

For a complete copy of the Administrative Consent Order, go to our web site: PlymptonHalifaxExpress.com

Rocky Mountain Water settled

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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.