Rochester’s Facilities Director Andrew Daniel has accomplished what he set out to do nearly a year ago – to make Rochester facilities accessible to all; and there isn’t much else left to do in order for the municipal buildings of Rochester to comply with the Americans with Disabilities Act. Aside from a couple narrow secondary doorways at Town Hall, Daniel told the Rochester Board of Selectmen on July 16, Rochester is now ADA compliant.

Daniel last year secured two ADA grants: one for $75,000 for the Town Hall and one for $25,000 for the Council on Aging Senior Center, and with much of the labor done in-house, Daniel was able to add in additional projects and still come in under budget.

In addition to the automatic door openers at both entrances at Town Hall and the COA, with leftover money Daniel was able to install one for the handicap ramp side door at the Plumb Library and inside the COA for the restrooms, as well.

“[The restroom door openers] were the most beneficial,” said Daniel “I see them being used every day.”

Daniel was also able to add in some ramp work at the library, and purchase a beach wheelchair for residents to borrow to make the beach accessible to all.

All the other planned projects have been completed, including the new accessible restroom at Town Hall, now placed next to the meeting room in space that was underutilized for some time, the audiovisual room that was installed in that same space near the new bathroom, and the widened doorways with automatic openers. Furthermore, all doorknobs have been replaced with levers for those with dexterity challenges, and handicap van parking spaces were added.

At the COA, the concrete walkway linking the rear exit to the parking lot is finished, and all doorways are now ADA compliant.

“It came out real nice,” said Daniel. “I’m very pleased with it.”

“You did a great job,” said Board of Selectmen Chairman Greenwood “Woody” Hartley. “We’re lucky you were able to do all that.” He continued, “I think the town needs to appreciate the fact that we’re closer [to total ADA compliance].”

Reimbursement for all the projects should be delivered to the Town in about six weeks, Daniel said.

Daniel said he’s now moved on to the next project: the installation of the Town Meeting-approved generator at the Town Hall, which should be completed by the middle of next week.

Daniel is also working with Town Administrator Suzanne Szyndlar on acquiring another grant for up to $100,000 for one substantial capital improvement project only open to Community Compact Agreement municipalities, of which Rochester is one, with a population of 7,000 or fewer.

The next meeting of the Rochester Board of Selectmen is scheduled for August 6 at 6:00 pm at the Rochester Town Hall.

Rochester Board of Selectmen

By Jean Perry

A real estate attachment to the civil action against Ray Pickles and his wife Diane Bondi-Pickles will remain for now until the judge issues his decision in the next few days after the preliminary injunction hearing on Tuesday, July 17, at the Plymouth District Court.

The Carver, Marion, Wareham Regional Refuse Disposal District’s motion for real and personal property attachments for Pickles, Bondi-Pickles, and Moss Hollow Management Corporation were reduced somewhat from the total amount of $838,457 allegedly embezzled to $590,250 in real property, the combined total of the amounts the CMWRRDD says Pickles and Moss Hollow misappropriated — $308,341 and $281,909, respectively.

Bondi-Pickles was listed as the owner and president of Moss Hollow.

CMWRRDD Attorney Gregg Corbo of KP Law said Pickles’ account with Eastern Bank (a Reach and Apply defendant), part of the original ex parte motion to freeze Pickles’ and Bondi-Pickles’ assets, has a zero balance, and Mutual Bank did not reply to the complaint.

Attesting that they meet the elements of a preliminary injunction claim, Corbo asked Judge Jeffrey Locke to “preserve the funds until the trial,” saying, “Once these funds are gone, the taxpayers of the district are forever denied.”

Attorney John Markey, in defense of Pickles and Bondi-Pickles, tore at the CMWRRDD’s complaint and preliminary injunction request, saying the district has not provided the forensic accounting Markey requested. Furthermore, Markey said, he had an affidavit from Barden’s Boat Yard, the only vendor mentioned in the fraud complaint by name, attesting that the $13,793 in fuel the district alleges Pickles paid for with district funds and used for his personal boat is an incorrect amount. According to the affidavit, Markey stated, $4,000 was spent on fuel that was used by district-owned equipment.

Markey told the Court that Pickles is an 84-year-old retiree, unable to access his pension payments and the district has failed to provide a basis for it.

“He has less than $3,000 in his bank account,” Markey said, and that’s all from monthly pension payments. “This is not the time to be tying up someone’s retirement account, when they’re 84 … and trying to pay [his bills].”

Markey said an attachment of real property for the lesser amount of $590,250 was appropriate, adding, “They’re not selling the house and moving to Aruba.”

The district hasn’t met the basic elements for the preliminary injunction, maintains Markey, “And it’s unfair to deny a person’s ability to pay their monthly bills,” he said.

The judge asked Markey questions such as what exactly did Pickles manage as executive director, and was Moss Hollow still an active corporation, which it no longer is, as of June 2017.

Markey defended Pickles’ management of the district, saying, “Mr. Pickles is now 84 … He was more on top of things.”

Markey also defended a third defendant, former health agent for the Town of Carver, Robert Tinkham, also a part-time employee of the district performing inspections of the Carver CMWRRDD facility. Markey said the district’s complaint only alleges two things: that Tinkham “signed a contract with Bondi-Pickles in 2001” of which Tinkham has no recollection, and that Tinkham was double-dipping working as a health agent, while he also allegedly performed inspections for the district.

“I still don’t know what my client is being accused of,” Markey said. That should be taken up by the Town of Carver, he added.

“He’s not a wealthy man,” Markey said of Tinkham, adding that Tinkham is worth only about $7,200 in liquidated assets. Furthermore, the company Tinkham owns, a “campground” known as 33-35 Wareham Street, LLC, may not be attached, as it is property owned by an LLC, Markey said.

Judge Locke took the matter under advisement, but said, as long as both parties agree, Locke would stipulate the real property of Pickles and Bondi-Pickles, and the real property of Tinkham, 10-12 Irene Drive, if they are of sufficient value.

Both parties agreed.

The Plymouth County Retirement Board was also released as a Reach and Apply defendant at the board’s request and with agreement by the two parties.

“Okay, go away,” the judge ordered.

The CMWRRDD filed civil charges on June 22 against Pickles, Bondi-Pickles, the Moss Hollow Management Corporation, and Tinkham, accusing the three of having conspired to defraud and embezzle over $800,000 in public funds between 2012-2017.

The district fired Pickles in January after a financial documents review uncovered suspicious transactions that might not have been kosher. Pickles remains the elected town clerk for the Town of Marion.

The matter is also under investigation by the Inspector General for possible criminal charges.

By Jean Perry