WASHINGTON - The first selectmen from Washington, Bridgewater and Roxbury complied with a mandate from the Region 12 school board and got an Intermunicipal Agreement on the table for last Wednesday's meeting, which had been moved from Monday because of the storm. The three-page document sets the basics for an agreement that would ostensibly allow the towns to renovate the elementary schools - which they own - individually ("build to suit"), rather than participate in a region-directed plan.
Board Chair Irene Allan made it clear, however, that the board will also continue to pursue its other option, the construction of a consolidated school.
"February 26 was given as the deadline for a signed document," Roxbury First Selectman Barbara Henry said to the school board. "We have presented something that is a working document.
"I need to know two things: First, that we're going to continue to work on build-to-suit, and second, if the answer is 'No,' is the Board of Education prepared to go to referendum with the consolidated-school option?"
"We can't say 'Yes' or 'No' tonight," responded Ms. Allan, who said the document would require a legal review. "This is a huge commitment by the board. We will have to see what our response is.
"Now that it [the IMA] has happened, we have to give it a timely response. A consolidated school is still a possibility."
"Do we still work on this?" asked Ms. Henry, holding up the agreement.
"I see no reason why we can't work in parallel," said Ms. Allan.
"Why do we need a legal review?" asked board member Valerie Andersen. "We're not being asked to sign it, just note its reality."
Board member Alan Brown, who had worked on the document with the three first selectmen, said, "What we're being presented with today hasn't been executed by anyone."
"We will be asked to sign it," said Ms. Allan.
Mr. Brown said the IMA has a hole in it - whether or not the build-to-suit options will be somehow funded by the state. Until that question is answered, the IMA hangs.
"Is the board asking you to stop?" board member Larry O'Toole said to Ms. Henry. "No. Go ahead."
Roxbury has selected an architect to develop its own plans for Booth Free School and expects to have costs and full construction diagrams by April 15.
"If we're going to be cut off at the knees," said Ms. Henry, "I want to know now."
"We're working together," said board member Sheila Gross. "There are two groups working hard. We're behaving and acting in good faith. We're not preventing anyone from going forward.
"I'd love our lawyers to look at this [document]. Region 12 has to protect itself and the towns have to protect themselves."
"Now our big unknown is state reimbursement," said Mr. Brown. "The acrimony has been minimalized."
"We encourage everyone working on the IMA to continue," added board member Mardie Ford.
She, Mr. Brown and board member Ed Wainwright sued the other board members over a feasibility study to look at a Roxbury site for a consolidated school. Those same board members are central to a committee that has been looking at renovation plans for Burnham School.
"When the February 26 date was set, agreement was not defined," Ms. Allan told Ms. Henry and Bridgewater First Selectman Bill Stuart, sitting next to her. "What you presented is certainly close enough to what we were looking for."
Ms. Allan also told the first selectmen that the region had just gotten new population projections from the state.
"They are substantially different," she said. "We're going to examine our education specifications."
The board adopted a set of specifications to guide the renovations, whether the region does them or the towns do. They featured an appropriate classroom size based on future enrollment projections.
"I've had a lot of concern about build-to-suit," said board member Michelle Gorra. "One of the biggest is the forgoing of state aid. I'm glad to see it's being pursued."
Mr. Stuart told the board that "country attorney Henry has prepared a simple document this old country boy can read and understand."
The board made a motion to accept the document and continue to work on build-to-suit as an option; the motion passed unanimously.
"Let's keep each other apprised of developments," Ms. Allan asked the first selectmen.
The IMA
Revised in a meeting involving all three selectmen on Friday, February 23, the document has some basic tenets. The towns agree that the region, Board of Education and superintendent lose no power over the education of the students in the towns' elementary schools that they now have.
"The towns desire to work with the Region to cooperatively explore the feasibility of such renovations and/or new construction of their existing facilities in order to consider the option of retaining town-specific separate elementary schools under the build-to-suit plan," states the agreement.
Mr. Brown and Mr. Stuart explained the document is not a lease and isn't boilerplate for a lease, it is "merely the grounds for exploring build-to-suit."
Each town takes "responsibility for its own renovations and/or new construction of its existing facility, individual and separate, built to the educational specifications of the board of education."
Although that is in the agreement, the Roxbury and Burnham plans, in preliminary states, looked for a relaxation of some of those specifications to save money. The new enrollment projections could affect those specifications.
The agreement states that towns will be responsible for capital expenditures and improvements, while the region will bear all operating costs.
Finally, the three towns agree to go forward with build-to-suit with the approval of the school board for each town's plans and with the "written assurance by the state of school construction reimbursement to the respective towns."
The agreement also gets a promise from the board that build-to-suit is a viable option. The life of the agreement extends to such time as all three towns have had affirming referenda to approve a build-to-suit plan.
"Bill [Stuart] is more comfortable with this running concurrent with the lease," said Mr. Brown.
"Does the region have voting rights?" asked Ms. Andersen. "My concern down the road a piece is that there will be a presentation of a lease. What's the role of the board before the lease is signed?"
Mr. Brown said new School Superintendent Bruce Storm has suggested that committees be set up "to explore and support" alongside the town's efforts.
"It was my vision that four parties [three towns and the region] sit down at a table," said Ms. Andersen.
"The lease is between the landowners and the region," said Mr. Brown.
"In an agreement like this," said Mr. Stuart, "normally there are no voting rights. It will be worked up before you go forward. This won't go forward if the Board of Education doesn't agree. The lease doesn't go forward if the board says, 'No.' That's a powerful 'No.'"
"We need this (IMA) to go forward," said Mr. O'Toole. "The state needs to know all towns are in agreement."
Ms. Allan said if the board doesn't agree with the document, changes will be requested.
"There's still work to be done, I don't deny that," said Ms. Henry. "But this has to be a two-pronged process, working on the IMA and state funding at the same time."