Mattapoisett landscaping company Yard Boss has listed Mattapoisett Conservation Commission Chairman Bob Rogers and Conservation Agent Elizabeth Leidhold as defendants in a civil lawsuit seeking $250,000 in damages the company says it suffered due to defamatory claims against the company during three separate public meetings of the Conservation Commission.

In the April 14 complaint, Yard Boss acknowledged its use of water withdrawn from various public sources in Mattapoisett, including the Mattapoisett River, but stated it had done nothing illegal and had, in fact, been given the green light to do so ten years ago by an unnamed Conservation Commission member.

Additionally, in 2011, Yard Boss claims the Department of Environmental Protection said, “[T]here is nothing illegal within their jurisdiction regarding siphoning of water from the river.”

The complaint also states that in March 2015, Mattapoisett police reviewed Yard Boss’ withdrawal of water from the riverway and contacted the Massachusetts Environmental Police who told them that they were “not aware of any Mass law prohibiting the removal of water from a river, stream, etc.” Furthermore, the complaint states, the DEP told police that Yard Boss could remove a maximum of 100,000 gallons per 90 consecutive days without a permit, yet the company only withdraws up to 1,000 gallons at a time for hydro-seeding.

Trouble began on September 14, 2015, when Leidhold raised the issue of Yard Boss’ withdrawal of water from the river and the matter was discussed without the prior knowledge of the company.

During the meeting, Leidhold alleged that the Yard Boss truck might not have the proper safeguards installed to prevent backwash into the water, possibly polluting it. Yet, in its complaint, Yard Boss asserts their equipment has been inspected by the Mass Department of Agricultural Resources and deemed in full compliance.

In addition to inaccurate statements about Yard Boss’ activities made by Leidhold, the lawsuit serves to address a number of inflammatory comments Rogers made about Yard Boss, which the company claims has resulted in a loss of business and damage to its reputation.

During a September 28 meeting of the Conservation Commission, Rogers made statements about Yard Boss, such as, “They know they’re not supposed to be doing it,” and “They are shameless,” and later asking, “Can we do stop sticks for their tires?”

Also during that meeting, Rogers acknowledged that the Town could do nothing without a local bylaw in place and stated, “Other than shaming them in the press, we don’t have … any teeth. We don’t have a bylaw.”

All along, asserts Yard Boss, the claims that Yard Boss was doing anything illegal were erroneous, stating in the complaint, “Rogers and Leidhold made false and defamatory statements without doing any due diligence and without consulting easily accessible sources, including DEP, Town Counsel, and/or the Town’s own police department.”

Yard Boss owner Todd Rodrigues attended the November 23 ConCom meeting and defended his actions, arguing against Rogers’ assertion that Yard Boss needed a permit to withdraw the water from the Mattapoisett River. Again, Rogers called Rodrigues’ actions “shameless,” to which Rodrigues responded, “I’ll show you shameless…”

The complaint filed by Yard Boss brings to light email correspondence between Town Administrator Michael Gagne and Rogers in which Gagne informed Rogers “…I feel as an observer is that comments of the Commission members are what I would characterize as inflammatory and character defaming of Yard Boss.” Gagne further stated, “What is troubling is that these [comments] are made before [Rodrigues] has a chance to tell his side of the story and be present to respond.”

Gagne then asked for the commission to draft an apology letter to Yard Boss.

As stated in the complaint, in his email response to Gagne, Rogers replied, “…If circumstances warrant it moving forward I will be more than willing to issue [Rodrigues] a personal apology.”

Selectman Tyler Macallister also sent an email to Rogers in December, stating, “Because you disagree with the DEP does not constitute the right for the Board to supersede them and make regulations, apply conditions or even require that he come before the Board.”

In town counsel’s email to Gagne on December 15, 2015, he stated, “In my opinion, withdrawal of water in and of itself is not regulated under the [Wetlands Protection Act],” and further stated that the town would need to create a bylaw in order to regulate it.

Gagne’s email on December 16 to the Board of Selectmen further confirmed that the Conservation was wrong to get involved in the matter and suggested the commission refrain from further involvement.

“…[I]t would seem to me that an apology is in order to [Rodrigues] for the comments that were made before it was known if the matter was something that should have been appropriately before the Conservation Commission to start with.”

Gagne’s email further stated, “My advice for what it’s worth, the Commission should in the future watch what is said, editorialized, lobbied, and advocated for beyond the Wetlands Protection Act and regulations because of what problems can be created such as this situation.” Gagne said ensuing problems could have been “checked” before expressing personal opinions, and subsequent litigation because of Rogers’ and Leidhold’s false claims against Yard Boss could be costly.

“To date, neither Rogers nor Leidhold have made an apology to Yard Boss or Rodrigues for their defamatory statements,” reads the defamation complaint. “To date, neither Rogers nor Leidhold have made a retraction of their defamatory statements.”

By Jean Perry

Around 30 people, including local and regional emergency services personnel, attended the Rochester Board of Selectmen meeting on April 25 to defend the town’s public EMS service against Selectman Richard Nunes’ criticism last week of the program’s cost to the town.

Fire Chief Scott Weigel broke down the fiscal year numbers for Nunes, explaining to him why the expense to operate the EMS Department has risen in increments since it first began in fiscal year 2013.

First, said Weigel, a grant for $100,000 was available to the town that first year to help cover the cost of new equipment, leaving the town with an expense of just $58,800. Fiscal year 2014 jumped up to $95,500, and FY15 then doubled to $200,000.

As the department got busier and new full-time shifts were added to cover the demand, Weigel said a cost of $200,000 to the town is still far below the cost of employing a private ambulance service, which Nunes had earlier stated he would like the town to investigate.

Chairman Naida Parker and Selectman Brad Morse were not as enthusiastic about the notion during the last meeting, but entertained Nunes’ request nonetheless.

Weigel wanted to clarify some issues Nunes brought up, in particular Nunes’ use of the word “deficit” when it came to the EMS budget, which Nunes asserted should be self-sustaining.

“I go to Town Meeting … and my numbers are in black and white,” said Weigel. “The people of Rochester agree … to fund that amount to provide them with a service.” All the money that is returned through collections goes to offset that budget, he explained, so if a budget of $450,000 is approved, Weigel said the $250,000 in collections that comes back means the town pays $200,000 for the service. “They know exactly what it’s going to cost to run this department and they vote for it.”

“I think that’s a pretty fair amount, a pretty fair coverage,” said Weigel. “I understand the figures. If I overspend is a deficit.” Weigel said the $200,000 it costs the town to run the ambulance service is less that what it costs for trash collection one day a week.

Weigel provided Nunes with a spreadsheet for the month of February to demonstrate the number of ambulance transports and subsequent reimbursement. He said Medicare/Medicaid reimburses the town $435 per run, while the town collects anywhere from $2,100 to $2,500 from other insurances and private payers.

“But it’s not about the money; it’s about providing patient care,” said Weigel. “It’s about providing the best patient care that we can.”

Weigel put to rest Nunes’ assumption that on-call workers who respond to incidents are paid a minimum of four hours, saying they are paid only by the singular hour. The average call lasts about one hour, he said, adding that Nunes’ criticism of the department “hurt me personally.”

“And I know that you have worked very hard … to keep this on an under-20 hour-a-week basis so that we are not incurring the benefits,” said Parker, adding that he further saves the town money.

Weigel said, “This is a part-time job … and we have a great group of people. I think a couple hundred-thousand to run that service is not a lot of money.”

Weigel assured Nunes that the town would not get a private ambulance service in Rochester for less than $500,000.

“We don’t know that,” said Nunes.

“I’m telling you…” said Weigel. A quote that Marion Town Administrator Paul Dawson once sought for the same services backed Weigel’s claim.

Dr. Nataniel Vasquez, the medical director for Tobey Hospital, supported Weigel’s assertion and called Rochester EMS “top-notch quality care,” and voiced concerns that a private ambulance service would slow response time down.

The idea of an outside ambulance coming in to service Rochester, Weigel told selectmen, was a conversation that needed to end there and then.

Morse made a motion to indefinitely table the discussion, to which Nunes replied, “I’m not seconding that.” Parker seconded and the motion passed.

“Thank you for putting this system together, it’s awesome,” said Morse, eliciting loud clapping and cheers.

Also during the meeting, residents of Hiller Road took their complaints about Wellspring Farms to the selectmen after receiving no response from Building Commissioner Jim Buckles after he was asked to investigate whether the business within a residential zone had outgrown its original permit.

The therapeutic riding facility, owned by James and Holly Vogul, would require a special permit if deemed a commercial business serving above the original 30 patients per week the couple were allowed by the town.

Abutter Cathy Mendoza said the business likely exceeds $800,000 in revenue, judging by the number of patients she and other neighbors witness coming and going at the property, with neighbors alleging that buses full of patients and anywhere from 60-80 clients arrive for services every week.

Mendoza said she allegedly had financial data from the Medicare system showing that $622,000 was collected from the insurance.

The noise, traffic, and the disruptions, said Mendoza, are affecting quality of life and property values in the neighborhood.

Town Counsel Blair Bailey said Buckles was doing his best to conduct due diligence before taking action; however, he understood Mendoza’s and the neighbors’ frustration that Buckles has not responded in a timely manner to their complaint.

Aside from a cease and desist order, which Bailey clarified was highly unlikely from Buckles’ department just yet, the neighbors simply wanted someone to give Buckles a nudge to move forward with an investigation.

Bailey said he would contact Buckles and tell him that he himself would draft a response on behalf of Buckles, so long as Buckles instructs him on his decision.

“We cannot oversee zoning issues,” Morse reminded the neighbors, reigning in a debate that had gone beyond the jurisdiction of the selectmen and too in-depth for Morse’s comfort level given that the Voguls were not present.

“I just want to use my pool this summer,” said Mendoza. “I don’t think this is too much to ask … without people looking, kids screaming, weird people…”

In other matters, selectmen heard from resident Tobias Paulo who initiated a citizen’s petition to have a bylaw amendment put on the Town Meeting warrant to create a buffer zone of a quarter-mile to restrict the conversion of one-family homes into two-family homes in single-family home neighborhoods.

The procedure mandates that the zoning bylaw article be presented to the Planning Board to forward to the Board of Selectmen, which in turn refers the matter back to the Planning Board for a public hearing.

Selectmen approved the process moving forward.

The next meeting of the Rochester Board of Selectmen is scheduled for May 2 at 6:30 pm at the Rochester Town Hall.

By Jean Perry