Umbrage, an apology and a threatened sit-in marked Wednesday’s special meeting of the Martha’s Vineyard Regional High School committee, after members learned of new invoices from the attorney who is handling the committee’s litigation against the town of Oak Bluffs.
Umbrage, an apology and a threatened sit-in marked Wednesday’s special meeting of the Martha’s Vineyard Regional High School committee, after members learned of new invoices from the attorney who is handling the committee’s litigation against the town of Oak Bluffs.
The school committee voted in May to not spend any money from its fiscal year 2024 budget on the ongoing lawsuit against the Oak Bluffs planning board. The school sued the board in 2022 after the board denied the school’s plan for an artificial turf field at the high school.
But attorney Brian Winner continues to represent the school after the start of the new fiscal year in July, attending a closed-door meeting between two school committee members and Oak Bluffs officials last week, as well as the first hour of Wednesday’s school meeting.
With new legal bills continuing to come in during the 2024 fiscal year, several committee members cried foul at the meeting.
“I think it’s just profoundly wrong to move forward,” said Robert Lionette, a Chilmark member of the committee who has been an opponent of the appeal against the Oak Bluffs board.
The school committee is not breaking its past vote, though, because it is still using the remainder of the 2023 fiscal year legal budget to pay Mr. Winner and not touching the 2024 budget, said Kris O’Brien, a school committee member from Oak Bluffs.
Mike Watts of Tisbury, the committee’s liaison to the school attorney, said that following the May spending vote he let Mr. Winner know the legal funding would not continue in the budget year that began July 1.
However, as Mr. Winner prepares for a court hearing Friday on the school committee’s request for a summary judgment in the case, the committee continues to draw on the $8,000 balance from last year’s $30,000 legal budget.
That rubbed committee member Jeffrey (Skipper) Manter the wrong way.
“This deceitful and back door approach — I just think it’s crazy,” he said. “It’s not what we agreed to do. How dumb do you think the electorate is?”
Ms. O’Brien, the committee’s previous legal liaison in the case, said Mr. Manter’s words offended her and misrepresented the process under way.
“This committee is not trying to be deceitful,” Ms. O’Brien said. “We never said there would be no money spent . . . It’s clear if you look at the minutes. I don’t believe we’ve misled anyone.”
A review of minutes from the earlier meeting by scribe Teresa Kruszewksi confirmed that the committee had voted to limit its legal spending to the remaining 2023 budget, without further elaboration.
Mr. Manter later apologized to Ms. O’Brien, who thanked him.
But the perceived dodge around voters’ desire to end the case has clearly angered other up-Islanders as well, including Dukes County commissioner Doug Ruskin of West Tisbury, who threatened to disrupt Wednesday’s meeting by refusing to leave the high school library for the school committee’s closed session with Mr. Winner to discuss the litigation.
“If this is a legitimate executive session … I shouldn’t be here. I question its legitimacy,” said Mr. Ruskin, who was joined at the library by Chilmark finance committee member Vicki Divoll.
Ms. Divoll and Mr. Ruskin left the room only after several requests by chair Kathryn Shertzer, who asked them to return after the closed session with Mr. Winner.
State law has strict conditions for spending a prior year’s money in a later budget year, Mr. Ruskin said, and he does not believe the legal bills fall within these rules.
Ms. Divoll said she intends to bring the matter to the Chilmark finance and advisory committee when it meets this Friday.
During the roughly 30-minute executive session, the school committee voted 5-3 to have Mr. Winner continue to work on the school’s appeal, Ms. Shertzer reported.
“The committee took a vote to instruct our attorney to move forward with our appeal process,” she said.
Mr. Lionette continued to express resistance.
“I fully intend to reach out to the [attorney general]’s office tomorrow morning to seek clarity on the financial piece,” he said.
The school committee previously said it was seeking to settle the lawsuit with the planning board and was interested in a public meeting between the bodies. Neither has come to fruition and the parties will be in land court on Friday for a 9:30 a.m. hearing.
Oak Bluffs denied the school’s application out of concerns that a turf field could harm the area’s water quality. The school contends that the planning board overstepped its authority, and doesn’t have the right to turn the field down under state law.
Ewell Hopkins, the chair of the Oak Bluffs planning board, met with Ms. O’Brien and Mr. Watts last week in a private session to talk about the potential for a public meeting between the school committee and planning board. Both parties had attorneys in tow; Oak Bluffs town administrator Deborah Potter and select board chair Emma Green-Beach also were at the more than two-hour meeting.
But emerging from that meeting, Mr. Hopkins was doubtful that there could ever be a settlement in the lawsuit, saying the board would be happy to take in a new application from the school.
“We have a decision that they are suing us over,” he said. “The decision is the decision . . . . We don’t negotiate decisions. There’s not a path for a settlement. There’s a path for a new application or a path to submit the same application.”
Ethan Genter contributed to this story.
Comments
I remind islanders that the
Vicki Divoll ChilmarkI remind islanders that the school board voted to spend zero funds in FY24 on the legal case ONLY after the three up island towns had denied the entire school budget in protest of their lawsuit against OB. Reassured that their voices had been heard by the committee's promise, the three towns met again and voted to approve the budget. And critically, I cannot find any basis in Massachusetts law that permits paying for legal services rendered in FY24 with FY23 money. When asked, the committee members did not provide any rationale to support using old money to pay new bills.
Prior-year funds can only be
Peter West TisburyPrior-year funds can only be used to pay prior-year bills. You can confirm this with MA Department of Revenue.
What a shameful and faulty
Ginny Jones WTWhat a shameful and faulty role model for our kids! And what a waste of taxpayer money and money voted for educational purposes. This is disgraceful!
That’s exactly what I have
Mitzi Pratt AquinnahThat’s exactly what I have thought throughout this whole thing. People learn by example and the School Comm is teaching destructive lessons.
Why is taxpayer money being
Albert GosnoldWhy is taxpayer money being wasted on sports.
Our children need to be educated,not taught how to injure each other without being caught.
It always has, just like it
Ernie chaves VhIt always has, just like it is spent on all other school activities. School Sports & sports & other activities are very important in shaping kids and their lives.
Eernie:
Katherine Scott TisburyEernie:
There is a big difference between regular school gym classes and sports activities, and the competitive sports designed as pipelines for future professional athletes. Adherents of the latter are driving certain parties to insist that THESE "pre-professional" athletes must have artificial turf to practice on and compete with other teams made up of similarly ambitious athletes. The whole design pushed by the school adminstrators is premised on the school fields as a semi-professional sports center. Meanwhile, as we know, the actual school building has been falling apart.
I'll see if I can get my
KMurphy ChilmarkI'll see if I can get my hands on a recent town report. But if you look, very little is spent on sports and activities for the students. At least 2/3 of the budget is salaries for faculty/ staff.
Why don't these clowns just
Charlie Callahan So Boston/EdgartownWhy don't these clowns just call for a vote by the public,dirt,or plastic. The majority have already said they want a dirt field,but these spoiled people with their overinflated egos can't deal with not getting their way. Probably the way they were raised.
Hi Charlie
Terry Donahue EdgartownHi Charlie
Actually there was a vote by all of the island towns concerning the use of the schools E&D funds which supported the school boards decision. These recent votes were straw ballots. If the opponents would like an island wide vote I for one am all for it. The supporters of the project submitted to the MVC a petition with 800 plus signers all of whom either live here or were MVRHS families.
Just because there is a VERY LOUD minority
doesn’t mean most of the island wants grass
Are you saying most of the
Mike SomewhereAre you saying most of the Islsnd wants synthetic playing fields.
That would be irresponsible for us and future generations.
Most of the island wants
Rational Person Oak BluffsMost of the island wants grass.
Mike, that is z matter of
Albert GosnoldMike, that is z matter of opinion, not fact.
Hi Terry, Actually there was
another rational person islandHi Terry, Actually there was NOT a vote by all island towns to use E&D funds on this project. That is not true. The select boards for the three down island downs never called town meetings and the use of funds was "approved" by default. So no, Terry, the voters in Tisbury, Edgartown and Oak Bluffs have never been given the privilege of voting on whether they want a plastic field -- not to this day.
My wife's family are all
Roger Maxwell Windsor Heights, IowaMy wife's family are all natives of Martha's vineyard specifically Oak Bluffs. Our son is the high school principal of Valley High School the largest high school in the state of Iowa. The football field has artificial turf. The field is used for high school football games, ninth grade football games, field hockey practice and games at many school levels besides being used for the State of Iowa Marching Band contest. Within the past year it is used for semi-pro field hock games. A artificial field at the Vineyard high school would never see as much activity as the West Des Moines Valley High School Stadium. It is time to move forward regarding this matter and forget those who are in opposition.
Your sons school field is not
Kathryn Muir EdgartownYour sons school field is not over the major aquifer for his town like the island school .WHO IS GAINING THE MOST FINANCIALLY BY CONTINUING TO PUSH THIS TURF AGENDA ?
This is becoming a complete
Tina OBThis is becoming a complete joke… can we please move on ?? Maybe a vote? Who’s in charge of all this mess?
We'll have a ruling by this
Bob OBWe'll have a ruling by this time tomorrow and this phase will be over. Then the opposition will start pushing their next tactic.
Here, here! Build a new
Marit Litchfield, CtHere, here! Build a new building, provide a more elevated curriculum. And in an era of environmental degradation, be role models, progressive leaders and PLANT GRASS!
Embarrassed to be from OB.
Todd Cleland Oak BluffsEmbarrassed to be from OB.
As a year-round Oak Bluffs resident of almost 30 years, I’d like to apologies to the rest of the island, the school committee and the student athletes at MVRHS for the actions of our town leaders. It should NOT be this way.
Our town leaders in the OBPB have stolen my civic right to participate in an election and deemed my vote invalid because it did not agree with their personal agendas. So very sad. And because of their actions of overstepping their responsibilities, the athletes suffer, the school is essentially handcuffed and my faith in town politics is soured.
But I’m sure the vocal minority is very, very proud of themselves. And, as someone once said: “this is why we can’t have nice things.”
Something smells…. FY23 money
Edson Oak BluffsSomething smells…. FY23 money is used to fund FY24 expenses. Sounds like this issue is more of a problem between O’Brien and Hopkins. Get out of the way if you’re part of the solution. This is dragging on for far too long - and ultimately students are who this hurts the most. Get your stuff together! There are far more urgent matters for the planning board to be concerned about. Suing the town of Oak Bluffs is nothing more than a waste of time!
This matter should be
Chris NanuetThis matter should be Arbitrated before a 3 member panel of Judges. Stop the bickering.
Blah blah blah blah Terry
Tom Engley West TisburyBlah blah blah blah Terry Donahue. Blah blah blah.
The voters definitely need to
Carol formerly ChilmarkThe voters definitely need to kick out the plastic-turf-obsessed school board members. This has gone beyond idiotic and divisive into the absurd. What a gigantic waste of taxpayer money.
Marit has said it all. “Here
Ann ChilmarkMarit has said it all. “Here, Here. And I say “Hear!”
The vote at Town Meetings
Geraldine Brooks West TisburyThe vote at Town Meetings could not have been more clear. The majority is disgusted by this shameful lawsuit, and now this deceitful financial shell game adds to the disgrace.
Skipper Manter asked the most
Ken Rusczyk OBSkipper Manter asked the most cogent question. And after 23 years in elective office.....I think know the answer.
I find the continuing drama
Bob Zeltzer ChilmarkI find the continuing drama unacceptable.
How well the surface wears is not the issue! If that is all that matters, we should asphalt the field.
Over and over again we learn, after years of use, the unknown dangers of synthetic products.
Let’s stick to nature’s products like grass.
Our focus should be on education and the environment that supports the best possible in learning and personal growth in our future.
Stop wasting tax money on
Albert GosnoldStop wasting tax money on games that injure children.
I can’t imagine that the 8k
Susan Desmarais Oak BluffsI can’t imagine that the 8k will cover todays trip to Land Court in Boston?!
We all know that the $8k is
R Scott Patterson EdgartownWe all know that the $8k is gone after today. If the judge holds this over for trial, how exactly is the school district planning on paying for the lawsuit?
The High school is at 85 feet
Donald Muckerheide Oak Bluffs,The High school is at 85 feet elevation. Anyone who thinks anything from the surface is going to make it down to the water table is out of their mind for starters, then to think it would travel to our town water supply is even more insane. Meanwhile, the town public water supply well at the head of the lagoon is right next to a pond that probably has 30 feet of black sludge sitting on the bottom. This sludge is from anaerobic, without oxygen, decomposition of organic sediment. It is exactly the same sludge in the bottom of your septic tanks. The same molecule. This reality pertains to septic systems as well. I looked to this decades ago and verified it with my old friend Kent Healy, who in addition to being a civil and structural engineer, had a PHD in Geotechnical science. A little research in this fairly simple science is all it takes to know that the general perception by the public as to how water percolates down through soil is false and fed by those who profit by this misconception.
Donald, I am sure the airport
Geraldine Brooks West TisburyDonald, I am sure the airport abutters are delighted to know the PFAS in the foam sprayed on the tarmac couldn’t make it to their wells. Oh wait. It did.
Geraldine Brooks: There is no
Donald Muckerheide Oak Bluffs,Geraldine Brooks: There is no comparison between the two for starters. Something in liquid form and a chemical family like PFAS is extremely thin, ie: highly viscous. Do you know that all the years of the body shop at the airport there was a sink in the shop where all the paint and thinners were dumped? Things like lacquer thinner, enamel reducer, acetone and urethane paints, ie: polyisocyanurates went into the septic system. There was also the dry cleaners, with all of the dry cleaner chemicals, at the airport for many decades, as well as the waste water of the military base not to mention all the waste dumped by the military during and after the second world war. The airport was built as a military airport and sold to the county for one dollar after the war. It was decades until they found the wastewater treatment system which, by the time they found it was filled with roots and was in total disrepair. Another insane blunder by your leaders. It is far more likely that these are the primary sources of the PFAS contamination and any foam residue used on the surface of the airfield is far more likely to be washed down towards the ponds as the grade goes from 56 feet at the airport to sea level as you go towards the ponds via surface runoff. It is far more complicated than what the government is going to tell you. Most of your fearless leaders do not even know the questions to ask let alone how to get to the truth. The foam is a convenient and simple explanation for people without enough knowledge of science to ask legitimate questions. I see you conveniently ignored the fact that I verified my observations with a PHD in geotechnical sciences.
Have we forgotten the MVC
Bill Past IslanderHave we forgotten the MVC approved this project after years of due diligence. Why aren't we accepting their findings and moving on. Sounds like the Planning Board isn't happy with the findings and are looking for ways to kill this much needed project. Do the other officials in Oak Bluffs approve of the Planning Boards decision to litigate these findings. Don't hear much from them. Once again the only ones benefiting from this are the lawyers. As someone mentioned maybe it's time to have an island wide vote and accept the results.
Someone needs to step up.
Jim OBSomeone needs to step up. Where’s are the selectman exactly?? This is crazy…. Wasting money when we could be using the funds for the kids…. Please common sense folks
When the MVC approves a
Rational Person Oak BluffsWhen the MVC approves a project it by no means restricts the town from possibly not approving it. The town can be more restrictive but never less restrictive than the conditions imposed by the MVC. Thus OB is well within it's rights.
What’s the matter with the
Right WhaleWhat’s the matter with the field the way it is ? Looks good to me.
"During the roughly 30-minute
another rational person island"During the roughly 30-minute executive session, the school committee voted 5-3 to have Mr. Winner continue to work on the school’s appeal, Ms. Shertzer reported. “The committee took a vote to instruct our attorney to move forward with our appeal process,” she said."
This says it all. The five pro-turf members of the committee voted to continue spending money that they DO NOT HAVE. This violates the general laws of the Commonwealth of Massachusetts, pure and simple. Ask Alan.
This island loves science
TisKid MVThis island loves science till it doesn't suit us and then it costs us tons of money. It happened with the Tisbury School, and now it's happening again. Anyone see any anti-roundabouters lately? Too many people here that know better than the experts.
Add new comment