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Mount Greylock to Retain Counsel on Building Scheduling Issue

By Stephen DravisiBerkshires Staff
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Transition Committee Chairman Joe Bergeron runs Thursday's meeting.
WILLIAMSTOWN, Mass. — The Mount Greylock Regional School District Transition Committee on Thursday decided to retain a Boston attorney to help the district protect its rights in regard to the $64 million addition/renovation project.
 
At issue currently is a change in the phasing of the project, which originally planned to have classes move into the new three-story academic wing during this month's vacation week.
 
This winter, it became apparent to the district that due in part to shortages of skilled tradespeople, that timeline would be impossible to keep. While the project remains on target for completion — including demolition of the existing academic buildings — by the end of the calendar year, the academic wing will not be available for occupancy until August, in time for the start of the 2018-19 academic year.
 
That requires the district to amend its contract with construction manager Turner Construction. At its last meeting, the committee was urged by a Williamstown resident with extensive experience in school building projects that it needs to explore its legal options before agreeing to any such changes.
 
On Thursday, Transition Committee Chairman Joe Bergeron told his colleague that he sought references for an attorney who would be able to advise the body.
 
"That is something I reached out to a number of different parties to determine," Bergeron said. "We received the name Christopher Strang from an [owner's project manager] in Boston and from our OPM here. … He is someone well regarded in terms of contracts and litigation related to contracts. I also got his name from a member of the administration at Williams College."
 
Strang, a partner in the firm Strang, Scott, Giroux and Young, "practiced exclusively construction litigation," in Boston from 2005-2010, according to the firm's website.
 
"While at the firm Mr. Strang has represented parties at all tiers of the construction industry, including material suppliers, equipment lessors, subcontractors, general contractors, developers, owners and home improvement contractors," his online bio continues.
 
Bergeron said he had a tentative agreement with Strang for a $5,000 retainer with a $275 hourly rate to be applied against the retainer, and he sought the committee's approval to execute the agreement.
 
"The building project has $30,000 set aside if legal counsel is required as part of the project," Bergeron said. "It's not as if we have to find a place in the budget."
 
Committee member Carolyn Greene asked why the district was looking at another counsel if the building project already has a counsel of record who helped with earlier contracts.
 
"What I did after the last meeting was look at it as a specific situation of a schedule change and what impact that would have," Bergeron said. "I had a discussion with our OPM about [the current counsel], and he said he's an excellent generalist.
 
"I also reached out to others and asked about this specific situation and who would be the best person to utilize. That's how I came to Christopher Strang's name. … I feel like finding the best legal counsel we can is the best move."
 
The practicing attorney on the committee, Chris Dodig, agreed that the additional counsel makes sense.
 
"The idea of spending $5,000 to retain someone on a $60 million project is wise," Dodig said. "I think it's money well spent. … I don't know Mr. Strang, but it sounds like he has a good reputation."
 
In 2015, Strang received the Excellence in the Law award from the publication Massachusetts Lawyers Weekly.
 
The committee voted 7-0 to authorize Bergeron to sign a retainer agreement with Strang. Bergeron said the group may need to discuss his recommendations, possibly in executive session as it relates to contract negotiations, prior to the Transition Committee's next regularly scheduled meeting on April 26.
 
The main business of Thursday's special meeting was to conduct interviews and decide on the district's next superintendent, but in addition to the retainer question, there were a couple other items on the agenda.
 
The committee heard and approved a request from Latin teacher Amy Turner for a one-year unpaid leave of absence from the school. Grady explained that Turner asked to be allowed to take the year off in order to join her husband, who has an opportunity to take a job overseas for a year.
 
Prior to the vote to accept the request, Dodig asked how confident the administration was about being able to fill the position on a temporary basis.
 
"We have resources and connections," Principal Mary MacDonald said. "We just hired a new Latin teacher. We're hoping we can tap into the process we used last year."
 
Both MacDonald and Interim Superintendent Kimberley Grady expressed their support for accepting the request prior to the committee's 7-0 vote.
 
Grady Thursday also asked Bergeron to put an item on the agenda for the April 26 meeting to hear a presentation from architect Perkins-Eastman. The Boston firm, which designed the addition/renovation project, also has been hired by the district to do design work on the new district office and athletic fields that officials hope to complete concurrent with the building project.
 
Neither the fields nor the central office would be eligible for reimbursement from the Massachusetts School Building Authority, which is partnering with the district on the new middle/high school. Officials hope to fund the additional work with a portion of a $5 million capital endowment from Williams College.

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Williamstown Town Meeting Facing Bylaw to Ban Agricultural Biosolids

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — Town meeting may be asked to outlaw the application of fertilizer derived from human waste.
 
On Monday, Select Board Chair Stephanie Boyd asked the body to sponsor an article that would prohibit, "land application of sewage sludge, biosolids, or sewage sludge-derived materials," on all land in the town due to the presence of per- and polyfluoroalkyl substances, or PFAS.
 
Last year, concern over PFAS, which has been linked to cancer in humans, drove a large public outcry over a Hoosac Water Quality District's plan to increase its composting operation by taking in biosolids, or sludge, from other wastewater treatment plants and create a new revenue stream for the local facility.
 
Eventually, the HWQD abandoned its efforts to pursue such an arrangement. Today, the district still runs its composting operation — for locally produced sludge only — and needs to pay to have it hauled off site for non-agricultural uses.
 
On Monday, Boyd presented a draft warrant article put together by a group of residents in consultation with the Berkshire Environmental Action Team and Just Zero, a national anti-PFAS advocacy group based in Sturbridge.
 
"What this warrant article would do is not allow anybody who owns or manages land in Williamstown to use sludge or compost [derived from biosolids] as a fertilizer or soil amendment on that property," Boyd said.
 
Her colleagues raised concerns about the potential for uneven enforcement of the proposed bylaw and suggested it might be unfair to penalize residents who purchase a small bag of compost that contains biosolids at their local hardware store and unwittingly use it in a backyard garden.
 
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