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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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Guest Column: Full Steam Ahead: Bringing Back the Northern Tier Passenger Railroad

by Thomas HuckansGuest Column

You only need a glance outside to see a problem all too familiar to Berkshire county: closing businesses, a shrinking population, and a stunning lack of regional investment.

But 70 years ago, this wasn't an issue. On the North Adams-Boston passenger rail line before the '60s, Berkshires residents could easily go to Boston and back in a day, and the region benefited from economic influx. But as cars supplanted trains, the Northern Tier was terminated, and now only freight trains regularly use the line.

We now have a wonderful opportunity to bring back passenger rail: Bill S.2054, sponsored by state Sen. Jo Comerford (D-Hampshire, Franklin, and Worcester), was passed to study the potential for restoring rail from Boston to North Adams. In the final phase of MassDOT's study, the project is acquiring increased support and momentum. The rail's value cannot be understated: it would serve the Berkshire region, the state, and the environment by reducing traffic congestion, fostering economic growth, and cutting carbon emissions. The best part? All of us can take action to push the project forward.

Importantly, the Northern Tier would combat the inequity in infrastructure investment between eastern and western Massachusetts. For decades, the state has poured money into Boston-area projects. Perhaps the most infamous example is the Big Dig, a car infrastructure investment subject to endless delays, problems, and scandals, sucking up $24.3 billion. Considering the economic stagnation in Western Massachusetts, the disparity couldn't come at a worse time: Berkshire County was the only county in Massachusetts to report an overall population loss in the latest census.

The Northern Tier could rectify that imbalance. During the construction phase alone, 4,000 jobs and $2.3 billion of economic output would be created. After that, the existence of passenger rail would encourage Bostonians to live farther outside the city. Overall, this could lead to a population increase and greater investment in communities nearby stops. In addition to reducing carbon emissions, adding rail travel options could help reduce traffic congestion and noise pollution along Route 2 and the MassPike.

The most viable plan would take under three hours from North Adams to Shelburne Falls, Greenfield, Athol, Gardner, Fitchburg, Porter, and North Station, and would cost just under $1.6 billion.

A common critique of the Northern Tier Rail Restoration is its price tag. However, the project would take advantage of the expansion of federal and state funds, namely through $80 billion the Department of Transportation has to allocate to transportation projects. Moreover, compared to similar rail projects (like the $4 billion planned southern Massachusetts East-West line), the Northern Tier would be remarkably cheap.

One advantage? There's no need to lay new tracks. Aside from certain track upgrades, the major construction for the Northern Tier would be stations and crossings, thus its remarkably short construction phase of two to four years. In comparison, the Hartford line, running from Hartford, Conn., to Springfield spans barely 30 miles, yet cost $750 million.

In contrast, the Northern Tier would stretch over 140 miles for just over double the price.

So what can we do? A key obstacle to the Northern Tier passing through MassDOT is its estimated ridership and projected economic and environmental benefits. All of these metrics are undercounted in the most recent study.

Crucially, many drivers don't use the route that MassDOT assumes in its models as the alternative to the rail line, Route 2. due to its congestion and windy roads. In fact, even as far west as Greenfield, navigation services will recommend drivers take I-90, increasing the vehicle miles traveled and the ensuing carbon footprint.

Seeking to capture the discrepancy, a student-led Northern Tier research team from Williams College has developed and distributed a driving survey, which has already shown more than half of Williams students take the interstate to Boston. Taking the survey is an excellent way to contribute, as all data (which is anonymous) will be sent to MassDOT to factor into their benefit-cost analysis. This link takes you to the 60-second survey.

Another way to help is to spread the word. Talk to local family, friends, and community members, raising awareness of the project's benefits for our region. Attend MassDOT online meetings, and send state legislators and local officials a short letter or email letting them know you support the Northern Tier Passenger Rail Project. If you feel especially motivated, the Williams Northern Tier Research team, in collaboration with the Center for Learning in Action (CLiA), would welcome support.

Living far from the powerbrokers in Boston, it's easy to feel powerless to make positive change for our greater community. But with your support, the Northern Tier Rail can become reality, bringing investment back to Berkshire County, making the world greener, and improving the lives of generations of western Massachusetts residents to come.

Thomas Huckans, class of 2026, is a political science and astronomy major at Williams College, originally from Bloomsburg, Pa.

Survey: This survey records driving patterns from Berkshire county to Boston, specifically route and time. It also captures interest in the restoration of the Northern Tier Passenger Rail. Filling out this survey is a massive help for the cause, and all responses are greatly appreciated. Use this link.

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