The turf lawsuit between the Martha's Vineyard Regional High School and the Oak Bluffs planning board is currently before a state Land Court judge.
Ray Ewing

High School Accepts Donations For Turf Legal Bills

The Martha’s Vineyard Regional High School committee will use donated money to pay the attorney who has been handling its ongoing artificial turf litigation against the town of Oak Bluffs.

The Martha’s Vineyard Regional High School committee will use donated money to pay the attorney who has been handling its ongoing artificial turf litigation against the town of Oak Bluffs.

At a special meeting Thursday, the committee voted to accept two cash donations, totaling $5,000. They were contributed earlier that day to help fund the school’s appeal against the Oak Bluffs planning board, which denied the school's application for an artificial turf at the school in 2022.

The donor of $2,000 requested anonymity, while the remaining $3,000 was contributed by a group of friends represented by Regis Nepomuceno, school finance director Suzanne Cioffi said.

Both contributions fall below the $5,000 threshold for anonymity that was requested by Chilmark and Aquinnah voters through non-binding resolutions at town meetings earlier this year.

The donations come as money for the school’s attorney has been running low.

Following the annual town meetings, in which West Tisbury, Chilmark and Aquinnah voters refused to fund their shares of the high school budget to protest the litigation, the school committee agreed not to spend any money from the 2024 fiscal year to continue the appeal.

Attorney Brian Winner’s latest bill, which covers his work through last Friday’s summary judgment hearing in state land court in Boston, is $1,962.50, district finance director Mark Friedman said.

Mr. Winner’s only remaining obligation to the school committee is to report the judge’s decision, which is expected this fall.

“I am hoping that we do not need a land court municipal lawyer ever again,” committee member Michael Watts told the Gazette after Thursday’s meeting.

After agreeing not to spend any more money from the school budget on the legal case as of July 1, the committee had intended to pay Mr. Winner with unspent funds committed in the previous fiscal year, prompting some outcry from school committee members and residents.

At the end of the fiscal year, unexpended funds flow into an account that’s similar to a town’s free cash. Earlier this month the school said it had  about $8,000 left from last year’s budget.

But, after consulting with another law firm and the state’s Division of Local Services, which provides financial oversight for municipalities, superintendent of schools Richard (Richie) Smith said he was advised against using the prior year’s money for invoices from the subsequent year.

There are cases in which schools are able to continue funding work carried over from a previous year, Mr. Friedman said, but they are generally limited to contractors’ work and require specific language that was missing from the high school committee’s funding vote earlier this year.

Comments

Submitted by Anonymous (not verified) on Fri, 07/21/2023 - 14:38

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R Scott Patterson Edgartown

This is 100% UNACCEPTABLE! Now we have dark money funding this boondoggle? I really hope lawsuits are filed over this completely ridiculous new tactic.

Carol Lampson Yarmouth Port

Completely agree. Very inappropriate.

I think it's past time for all five towns on the Island to have an actual vote - a referendum, or plebiscite - on the issue of artificial turf vs grass for the high school. A real vote, in a real election. And everyone abides by the result.

Submitted by Anonymous (not verified) on Fri, 07/21/2023 - 22:27

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Sara Edgartown

Where can you donate? I support the turf field. Better than fertilizer and watering..,

Kathryn Muir Edgartown

Follow the money. Who benefits from forcing towns to use an unhealthy material?
Poison fertilizers are not necessary for healthy grass and has gone the way of the dinosaurs. You should be concerned for the proven cancer causing chemicals in fake grass that will leech into the aquaphor that is the islands source of well water.

Submitted by Anonymous (not verified) on Fri, 07/21/2023 - 22:40

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Tim VH

The school committee continues to show themselves as being tone deaf to the desires of the voters. They continue to run up the legal costs for the town while accepting “anonymous” donations that are alleged to come from those who would wildly profit from the installation of this field. Shame on them.

Barbara Gould Plesser Sengie / OB

Please stop generalizing about “the Voters”. We are of mixed viewpoints on this ongoing debate. Please speak for YOU, and not others. And Thanks !

Islander61 OB

Tim, your claim of not listening to the voters is vastly inaccurate. More accurate would be “ some” voters. The supporters, like myself, and the ones who use the fields, sit quietly awaiting the result of the appeal, hoping for this bias ruling by the town board is overruled.

Also, prove that the donors financially benefit from the field. Typical of the opponents, say something without any proof.

Tim VH

The 3 towns that actually voted on this did not want the school board pressing forward. So yes, the voters have spoken out against.

And let’s see, if the pro-field school board members didn’t vote accept anonymous donations which is highly irregular especially when they are earmarked for litigation again the town, we would have clarity on the issue.

But instead, we have dark money driving up costs, trying to make a government ruling untenable. What the heck ever happened to government transparency? Maybe you should be asking yourself why you are in favor of accepting money in this fashion.

R Scott Patterson Edgartown

As an opponent of toxic turf I would love an island wide referendum. I have absolutely zero doubt of the outcome, it wouldn’t be close.

Submitted by Anonymous (not verified) on Sat, 07/22/2023 - 07:44

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Jean OB

Maybe a go fund me type of fundraiser would help? I am a big supporter of Turf. Fertilizers and watering is a bigger problem.

Barbara Gould Plesser Sengie / OB

It’s GoFundMe.com for the uninitiated, and THAT is a marvelous suggestion ! Many islanders contribute regularly, to myriad causes, and if the MVYPS is allowed to accept donations, let’s try it and see what happens. If for any valid reason this is NOT possible, we could elect to have our contributions go into a Scholarship Fund for the Class of 2024.

Kate Ob

Yes! Go fund me!! Use the funds to pay legal fees so we can have turf!!! Yea!! If funds are not used we can use the money for a scholarship… best use of funds… win win… the kids are losing unfortunately… let’s please move on!

Submitted by Anonymous (not verified) on Sat, 07/22/2023 - 12:12

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Ryan Edgartown/New Jersey

Players have a 28% higher rate of non-contact lower extremity injuries when playing on artificial turf. Of those non-contact injuries, players have a 32% higher rate of non-contact knee injuries on turf and a staggering 69% higher rate of non-contact foot/ankle injuries on turf compared to grass. These stats from the NFL Players association are the reason they are advocating for every NFL field to be converted to natural grass. And from an ecological viewpoint, how could anyone run the risk of these plastic/rubber messes polluting the Island's pristine environment? Once the damage is done, it won't be un-done. I live part of the year near an artificial field. Every year, a large number of bundles of new shredded rubber bits is delivered to the field to repoace the ones that have vanished over time. Where are they going? GREAT question.

William Oak Bluffs

Please read more about the specifics of this project. There will be no crushed rubber pellets. Newer technology infill is organic material such as coconut husks and cork.

Submitted by Anonymous (not verified) on Sat, 07/22/2023 - 16:52

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Jack Ob

I will reach out to the HS and see what they think. More people I talk to want turf anyways.. I don’t want my kids exposed to the nasty chemicals fertilizers..

Submitted by Anonymous (not verified) on Mon, 07/24/2023 - 08:22

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AB OB

My children are long gone so I have no skin in this game. I just can't believe how long this almost decision has taken.

Submitted by Anonymous (not verified) on Mon, 07/24/2023 - 09:32

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John Cape Cod

There has more than enough discussion about the natural vs artificial field choice. It's about time for a ballot question, so the voters can decide the issue once and for all.

Submitted by Anonymous (not verified) on Mon, 07/24/2023 - 15:51

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James Oak Bluffs

You know what’s funny? You all arguing the same thing for 7 yrs now. All the while our track is past it’s life, our field hockey team is losing home games, and we have zero fields for people with mobility issues. But you all keep arguing. Congrats to those SC members who continued the fight despite the angst of the same 20 people from up island. Let’s Play ball

Islander61 OB

Thanks James, you are 100% correct on all accounts. The losers over this debate are the athletes, track, first and foremost, field hockey and our children with different abilities. I would also add that not one bit of fact from the opposition has been produced that this field will be harmful to anyone. This has been said before and I will repeat it, the opposition doesn't have to prove a thing, they just say things to scare people into believing them with their made up claims. I have yet to see one scientific study that shows that artificial turf fields have harmed anyone's water table. These fields have been in existence for decades, and I am sure hundreds have been put in water sensitive areas, i.e. Carver, MA, Mass. Maritime Academy, and others, yet no evidence of anything. BTW, crumb rubber is not being used as the infill so please people, stop using those examples to try to support your claims. Thanks James for shedding true light on this.

Submitted by Anonymous (not verified) on Tue, 07/25/2023 - 12:48

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William Oak Bluffs

I’d hope everyone could take a breath here. I know this project is causing tremendously opposing views, but it seems like the SB heard everyone. We are waiting for the judges decision. Things were already in motion when motions were made to stop spending legal fees. The SB still needs to pay their counsel even if it’s for his time to wrap things up within the court system. The SB honored the motion to cease spending legal fees and people stepped up so the SB could pay fees incurred. Doesn’t appear that NEW fees will be incurred.

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