Role of the School Building Committee Prescribed by Massachusetts Law

The answer to the question posed by Alex J. Grant in his March 3 editorial, "Who Put the SBC In Charge?" is actually quite simple. When the residents of the Town of Longmeadow voted overwhelmingly at two separate town meetings and at the ballot box to obtain funds from the Commonwealth of Massachusetts for preparation of a feasibility study and then for construction of a new high school, we as a community agreed to comply with the terms and conditions of the Commonwealth's school building assistance program. All state funding of school building projects in Massachusetts is overseen by the Massachusetts School Building Authority (the "MSBA"), pursuant to Massachusetts General Laws Chapter 70B. The MSBA was established by Chapter 70B to promote "the thoughtful planning and construction of school facility space in order to insure safe and adequate plant facilities for the public schools, and to assist towns in meeting the cost thereof." M.G.L. c.70B, §1. All cities and towns seeking funding for school projects from the school building assistance program are required to comply with regulations adopted by the MSBA at 963 CMR 2.00, which provide a clear legal and procedural framework for the design and construction of MSBA-funded projects. The MSBA regulations clearly require the establishment of a school building committee ("SBC") in each municipality seeking such funding, as well as set forth the responsibilities and the membership of a SBC. The regulations require the town to make "a reasonable effort" to include representatives from each of the Select Board and the School Committee, the Town Manager, the Superintendent of Schools, the manager with responsibility for maintenance of the new facility, the school principal of the facility, a local budget official, and community members with experience in architecture, engineering and/or construction, among others.

The establishment of the SBC in Longmeadow followed the letter of the law as set forth in Chapter 70B and in the accompanying MSBA regulations, and complied with our Town Charter. Section 4-4 of the Town Charter gives the Select Board and the School Committee the authority to establish new committees as necessary to conduct town business. The Select Board and the School Committee held joint open meetings on June 16, 2008 and June 23, 2008, to interview and then vote on the proposed community members of the SBC. Those members were thus vetted by publicly elected officials in open session. As noted above, the other members are specifically enumerated in the MSBA regulations. The July 21, 2008 letter from E. Jahn Hart, then-Superintendent of Longmeadow Public Schools, to the MSBA (erroneously cited by Mr. Grant as being sent by the Town Manager) requested approval of the SBC membership as required by the MSBA regulations. Upon such approval by the MSBA, the SBC became the local body with responsibility for shepherding the high school project through the MSBA and town approvals, as well as through the design and construction phases of the project. The SBC is simply a creature of state and local law organized pursuant to applicable regulations.

Lastly, we must take issue with Mr. Grant's assertion that there has been no public involvement or input in the design of new high school, and that no opportunity exists for such input. The SBC is an appointed public body subject to the Commonwealth's open meeting laws, and as such, all meetings are publicly posted in advance. Residents who would like to learn more about the project and offer feedback are always invited to attend. We also remind Mr. Grant of the well-advertised series of public forums held to discuss the design options for the high school project during the months leading up to the May 25, 2010 Town Meeting vote approving the project. In addition, the planning board and zoning board of appeals held publicly noticed hearings on the project in November and December of 2010, respectively. All these meetings and hearings have provided and will continue to provide a multitude of opportunities for public input on decisions still to be made by the SBC. The obligation of the SBC is to the residents of Longmeadow, who so strongly supported the high school project but who will also demand that the project be constructed in a transparent and fiscally responsible way. The members of the SBC promise to continue to work diligently on behalf of our community to plan and construct a high school in which our children can receive the highest quality 21st century education available anywhere.

Respectfully submitted by the Longmeadow School Building Committee, Christine Swanson

Report potholes to the Longmeadow DPW

At Monday night's Longmeadow Select Board meeting chairman Rob Aseltine asked all town residents to report potholes in town by calling the DPW at 567-3400 or emailing the information to publicworks@longmeadow.org . 

TM Robin Crosbie reported that the local asphalt plant has opened and that hot patch (vs. cold patch) compound will soon be available to fix these problems.

The town will likely concentrate initially on fixing the main streets like Converse St, Williams St which are in very poor condition before they will begin fixing the side streets. 

There are almost 100 miles of paved streets in the town of Longmeadow.  I suspect with our limited budget resources it is possible that we will run out of money before we fix all of the town's potholes. 

Within two blocks of my house I spotted a number of large potholes and road surface damage on a side street with significant local traffic that I will be reporting to the DPW.  Below is a photo showing the dismal conditions...

[click here to enlarge]

Who put the Longmeadow SBC in Charge?

Not to be impolite, but who put the Longmeadow School Building Committee (SBC) in charge?

It was not the voters of Longmeadow, either at the polls or at Town Meeting.  Was it the Select Board, or was it the School Committee, or was it the Town Manager?  The answer to this question is surprisingly opaque.

What is not opaque is the amount of power wielded by the SBC.  The SBC is running an $80 million project, and it is making hugely consequential decisions not just about the expenditure of taxpayer money, but also about the design and function of the new high school, a structure we should expect to last several decades.  For example, it has been deliberating on whether to include an artificial turf field as part of the project, a subject that had been before the elected School Committee and the residents of the town some three years ago.  Now, with heightened safety concerns over turf fields, the unelected SBC may make this controversial decision itself.

Over a year ago, I criticized the appropriateness of the SBC deciding on the design of the new high school while leaving the citizens with no voice in the design (or renovation) decision, except whether to kill the project entirely.  Left unaddressed was how the SBC had gained its position of preeminence in the first place.  After all, it seemed strange that a democratic form of government had produced an unelected entity with the authority to spend more money than the town entire annual budget.  The publicly available documents suggested that the SBC had suddenly materialized, vested with significant powers, much like Athena springing fully clothed from Zeus's head.  There had to be more.

And so I submitted FOIA requests to the town relating to the creation of the SBC and the selection of its members.  The documents provided by the town show that there was no action taken by the Select Board to create the SBC; rather, it proceeded directly in June 2008 to the selection of its members, as if the SBC's existence was a foregone conclusion. 

The town posted a notice soliciting applications from town residents to fill a few of the positions.  In the end, three town residents were selected by the Select Board and School Committee.  The Select Board decided to name two of its members, Paul Santaniello and Robert Barkett to the SBC.  The School Committee named Christine Swanson.

On July 21, 2008, the Town Manager sent a letter to the state identifying the members of Longmeadow's SBC, which also included six town employees, some of whom are not Longmeadow residents.  The letter said that the "Committee was formed in accordance with the provisions of all applicable statutes, local charters, by-laws and agreements of the Town of Longmeadow."

But was it so formed?  The Town Charter makes no reference to a School Building Committee.  In fact, the Charter says that the legislative (law-making) powers are vested in the town's voters at Town Meeting.  The Select Board is vested with executive powers, i.e., not to make laws but to see that the laws are carried out.  The Charter delineates the powers and limitation of other committees.  Section 4-4 does provide for the formation of other committees by by-law or vote at the Town Meeting.  Or, committees may be otherwise established by the Select Board or School Committee.  In which case, the committees shall be monitored by their appointing authorities.

No by-law or vote at Town Meeting created the SBC.  If the Select Board established the SBC, there is no record of it having done so, aside from selecting some of the members, which presupposes that the SBC already existed.  The most definitive action in creating the SBC was the Town Manager's July 21, 2008 letter.  From the existing documents, it appears that the Town Manager selected all of the town employee members, including herself. 

                                                           

So, who or what is the "appointing authority" that is supposed to monitor the SBC?  The reality is that nobody exercises oversight over the SBC.  The SBC is not answerable to the voters.  It does not submit its decisions for approval to an elected board that is answerable to the voters.  The SBC is a self-perpetuating entity, deciding itself who will fill any vacancies.  For example, the SBC recently decided that Robert Barkett would remain on the SBC after his term on the Select Board ends.

This is not to say that the members of the SBC have not done good work.  They have devoted many hours of unpaid service to the town, no doubt with the best interests of the town in mind.  But that is not the point.  What exactly distinguishes the SBC from some other group of well-meaning people purporting to speak for the town?  And that is exactly what the SBC has done and continues to do.  It speaks for the town.

The SBC is a power unto itself, with no one ever having prescribed any limitations on its authority.  Its creation, whether a product of the Select Board, School Committee, or the Town Manager, was outside the form of government prescribed by the Town Charter.  There is no reason that an SBC cannot function as an entity answerable to the voters.  If our town officials are willing to endorse this undemocratic entity because the current arrangement seems to be working, then shame on them.  If the voters are willing to tolerate town officials who endorse the existence of a powerful, unelected board, then shame on us.

Alex J. Grant is a lawyer living in Longmeadow.  His email address is alex.grant68@yahoo.com

Reprinted with permission of the author.

Part I- Longmeadow Property Taxes Since 1990

Below is a chart showing average property taxes for Longmeadow homeowners as compared to three other surrounding towns (Wilbraham, East Longmeadow and Hampden) as well as the state average from FY1990 --> FY 2011.

Figure 1- Average Property Tax Comparisons
click here to enlarge chart

[Data obtained from Massachusetts Dept of Local Services, www.mass.gov]

The majority of year-to-year increases during the past 22 years in Longmeadow have been greater than the Proposition 2½ guideline of 2.5% (see Table I below).

 Table I- Annual Average Property Tax Increases for Longmeadow

[click here to enlarge table]

Over the past 22 years, Longmeadow average property taxes have increased at an average annual compound rate of ~ 4.5%- well in excess of the Proposition 2½ guideline.  This difference is a result of the eight Proposition 2½ overrides (3 operational + 5 debt exclusion overrides) which have occurred during this time frame.  Given the current economic environment and the recent voter debt exclusion override approval for the new high school project, it is likely that Longmeadow property taxes are going to continue to increase at a rate significantly greater than 2.5%.

It is also interesting to note the large difference in average homeowner property taxes between Longmeadow and three other towns in the surrounding area.  Longmeadow property taxes for FY2011 are 39% higher than the average taxes for Hampden, East Longmeadow and Wilbraham which is very close to the historical average over the past 22 years.

Come back to read Part II- Longmeadow Taxes which will show estimated future property tax increases that will result from the new high school project.

Where is the new Longmeadow website?

At the SB meeting last November 1 Rob Aseltine announced that the Town Manager's Website Task Force had decided to use the WordPress "open source" Content Management System (CMS) platform for the town's revamped website. He also announced that the new Longmeadow.org website would be at least partially operational by January 1 with some additional components being rolled out at a later date. At the SB meeting on February 7, he announced a 2-3 month delay because more time was needed to transfer the archived meeting minutes to the new website format.

A recent look back at the July 26 meeting last year during which the Longmeadow Select Board discussed the forward plan for development of a new town website was pretty interesting.  Mr. Barkett called it right.... he didn't want the plan to fall into the category of "analysis- paralysis".  Below is a short video clip from this meeting with Mr. Barkett's insightful remarks...



At the SB meeting this week there was a short discussion of the need to create a website masthead that was more reflective of Longmeadow.  I'm not surprised that the new "free" Wordpress website "right out of the box" will require some modifications.  A typical theme for Word Press is shown below...

After a little Google searching (I simply searched for "Longmeadow + fiscal year + 2011"- click here to view results) I was able to find the new Longmeadow.org website and was surprised to see a masthead almost identical to the WordPress theme shown above.

I'm sure that there are creative people in Longmeadow who can provide a more imaginative masthead for the new improved Longmeadow website and which would be more reflective of our town.  Perhaps the Select Board should sponsor a contest!

Mr. Barkett had it right... we don't need "analysis-paralysis".... we need a functioning town website with updated information.  It shouldn't be that difficult!

A Gem in Our Valley

Have you visited the Springfield Museums lately?  Have you ever visited?  Just a few miles away is a gem in our Pioneer Valley.  The five-museum complex located behind the Springfield Public Library is on Edwards Street in Springfield.  All too often when a place of interest is located nearby, we do not take the time to learn more and visit.

The five museums contain a wealth of History, Science, Art and definitely knowledge.  School groups in Southern New England visit on Field Trips and learn about specific topics while taking Docent led tours.  This week the Springfield Museums' talented staff has created a wonderful program, "Rockin' Reptiles Week" designed for children.  Vacation Week Schedule.

"Robots:  The Interactive Exhibition" and Reptiles:  The Beautiful and the Deadly" are special exhibits now on view (fee not included with General Admission).

The Dr. Seuss (Theodor Seuss Geisel) birthday celebration with special activities will be on Saturday, March 5.

Have you viewed the Chinese Jade Burial Suit?  Learned about a Samurai's suit of armor?  Admired the permanent collection of Currier & Ives prints?  The Rolls Royce?  Monet's "Haystack"?  These are only a few of the beautiful objects on display in addition to the very large murals that depict life long ago in the Wood Museum of Springfield History.

Visit their website, Like them on Facebook or Follow them on Twitter to learn about weekly events.  School vacation week is a wonderful opportunity to visit this gem in our Pioneer Valley.

Judy Moran
Longmeadow, MA

 

Winter "Snowscaping"

Because of the large amount of snow that has fallen in the last 6 weeks our town streets and crosswalks have become very difficult to navigate.  Driving as well as on-street parking in almost any part of town has become very hazardous.  Car owners are subject to personal and/or vehicle damage because the streets have become so narrow.



Given that the weather has not cooperated until recently the DPW has become more proactive.  In addition to reducing the levels of snowbanks at intersections, the DPW is now currently widening streets in town via the use of privately contracted equipment (see photo below).

I applaud these efforts and am always appreciative of our Dept of Public Works... they are an important element in determining the quality of life in our town.

Select Board: Please take notice of these efforts and their importance to town residents when finalizing the FY2012 budgets!

Ice “Damms”- A Personal Experience

My wife and I have lived in our house for over 30 years and have never experienced the degree of ice dams on the north side of our house as we have this year.  We also have never had any water intrusion damage of the interior ceilings/ walls and we hope to keep this record intact. 

About 8 years ago, we had new roof shingles installed with 3 feet of ice/water shield barrier used as a protective measure but as the ice dam grew thicker (~ 8”) this winter I began to get a little worried.

I understand the mechanics of how these ice dams are formed (see figure above) and how to avoid them but at this point I needed some way to release the water before it was too late.  Brute force chiseling of the ice did not seem like a good option but I had heard about the use of calcium chloride salt as a possible remedy.

After spotting some calcium chloride salt in front of Brightwood Hardware, I stopped in and chatted with Stan who told me how easy it was to solve my problem.  Use some nylon stockings (or ice melt socks), fill them with the calcium chloride salt, place them on the ice and watch it melt away.  I purchased the salt … followed the instructions … the results were amazing.  See the photos below:

 

12 hours after I had started the process, there was a 2-3" wide slot formed through the 8" of ice. The roof shingles were exposed and free of ice and water was flowing freely into the gutter.  Salt water has started melting snow and ice in my downspouts as well.  I'm now hoping for warm weather that will slowly melt all of the snow that is now around our house without causing flooding in the basement.

I expect that there may be some salt related problems with grass and vegetation in the immediate area of the downspouts but this seemed to be a small price to pay to avoid water damage to interior ceilings and walls. 

It been a long time since Longmeadow residents (as well as the rest of Western Mass) have seen the type of winter as we have this year.  Stop in and chat with Stan at Brightwood if you have problems similar to mine.  Tell him that I sent you.

Let's hope that the rest of the winter will be mild without a lot of rain or additional snow!

An Overview of LongmeadowBiz

Jim Moran of LongmeadowBiz, LLC was interviewed on 2/04/11 by Arlene Miller on LCTV's local TV show "Our Town". Mr. Moran provided an overview of the free Internet resources available to Longmeadow town residents.   He also described some new web resources and initiatives including "Facebook Comes to Longmeadow".



Please visit the new Facebook comes to Longmeadow initiative. You do not need to have a Facebook account to be able to visit Longmeadow's new fanpage on Facebook.

Below are links to additional free resources available to Longmeadow residents that were mentioned during the interview:

Longmeadow Business Directory
Longmeadow Community Bulletin Board
Town Calendar
Classified Ads (Items for Sale)
LongmeadowMA.org

LongmeadowBiz, LLC and Jim Moran want to thank Longmeadow Community TV and Doug Pas, Bryon Kozaczka, Dave Bartlett and Arlene Miller for providing the opportunity to explain the role of LongmeadowBiz, LLC in our community.

Please feel free to ask any questions by posting a comment or sending an email to: LongmeadowBuzz@comcast.net

Homework Assignment

Your Assignment:      Update your SOI’s (statement of interest) for both Williams Middle School and Glenbrook Middle School

Assignment Due

Date:                                   January 26, 2011

This assignment given in late November of 2010 seems simple enough, doesn’t it?  Certainly one would think so, especially for our educated School Superintendent, School Principals and School Committee.

With tongue in check I say that too much time was given to complete the assignment – or more aptly put, too little time was spent doing it.  This assignment was to have been done by the school superintendent (who by the way receives $155,000 a year which is 25% more in wages than our previous) and we have heard the so-called excuse that she admitted to the error of putting off the SOI when it should have been done sooner.  Big deal.

The assignment for the school superintendent was simple – just update the SOI  for each school, submit to both the select board and the school committee for their approval and  then submit to the MSBA.  What went wrong?

No matter who was delegated to do the work, the ultimate responsibility lies with the school superintendent.  When there is a plethora of errors both in the accuracy of the content and actual typing of written documents, it means no one read the finished product.  How can Geoff Weigand then state, “The school committee vetted this?”  Witness the combined meeting of the select board and school committee on January 24^th for actual comments (when you watch it, it is almost a joke if it weren’t for the fact that these people represent us).  In fact, there were so many errors that were evident without extensive critique, that an emergency meeting was scheduled for 1/25/11.  Low and behold – again – errors were found and I don’t mean a simple “typo” that certainly can happen in 50+ pages of typing; I mean critical numbers that weren’t the same throughout the document.  For example, on the review of the documents on the 25^th, the school enrollment figure in one place was 356 and in another was 386.  Frankly, this is sloppy, sloppy, sloppy when those in the meeting room had just been told that the principals of the schools, Mr. Phaneuf, Mr. Wrable, and the School Superintendent and the school committee had all reviewed the documents.  Doesn’t anyone know what the true enrollment is?  What is wrong with this picture?

Mr. Wrable and Mr. Phaneuf are not academics and therefore can only be held responsible for the information that they provided not the actual documents themselves.  However, the principals and the school superintendent as well as any school committee members who had access to these reports prior to their presentation, should have insisted on the accuracy and validity of these documents … I only wonder why Armand Wray and Geoff Weigand defended the superintendent so vehemently.  When the select board members during the meeting of the 24^th wanted an emergency meeting so that they could again have an opportunity to read the again-altered documents, Geoff Weigand stated, “Vote your conscience.  Stand up in front of people and stand behind it.  I’m sick and tired of the back channel stuff that’s going on and it needs to stop and you know who I’m talking about.”  And then he stormed away from the microphone. 

What does a statement like that mean? What is back channeling? I don’t know what Mr. Weigand is talking about but now I want to … in fact, it is his statement that piques my interest the most.  Could it be the reason the SOI’s weren’t completed correctly?   I applaud Jennifer Jester and Gwen Bruns for their noted displeasure with the documents presented on the 25^th.  The only excuse not given  during this 2-day soiree for the acceptance of the SOI’s is “the dog ate my assignment.”  Since we are dealing with education, what example does this show our children?  If your child passed in an assignment with erroneous facts and numerous errors – what would their fate be?  Would they pass or fail?

With that being said, the superintendent’s performance or lack thereof, warrants a written reprimand in her employee file.

Respectfully submitted,

Diane B. Nadeau

Longmeadow, MA