Act 46 Meeting Agenda and Minutes

ACT 46 STUDY COMMITTEE

Representing the Brattleboro Town School District, Dummerston Town School District,
Guilford Town School District, Putney Town School District and the Vernon Town School District
http://www.wssu.k12.vt.us

REVISED NOTICE OF MEETING

The Act 46 Study Committee will meet at 6:00 p.m. on Thursday, September 22, 2016 at the Putney Central School.

AGENDA

I. CALL TO ORDER – 6:00 p.m. – Alice Laughlin, Committee Chair

II. REVIEW, PRIORITIZE AND ESTABLISH DESIRED OUTCOMES FOR MEETING BY CHAIRPERSON.

III. REVIEW COMMITTEE MEMBER ROLES AND PUBLIC COMMENTS BY CHAIRPERSON

IV. APPROVAL OF MINUTES – September 8, 2016

V. REVIEW STUDY COMMITTEE PROCESS BY CHAIRPERSON

VI. RECOGNITION OF GROUPS AND/OR INDIVIDUALS

VII. STUDY COMMITTEE WORK SESSION:
Vote Schedule and Process
Vernon and BUHS District #6 Separation Agreement
Ballot Language – Merger
Public Information: Mailings and Information Forums
State Board of Education Meeting Preparation

VIII. FUTURE MEETINGS, DISCUSSIONS

IX. ADJOURNMENT

Note: In accordance with the following excerpt from WSESU Policy E-12 Electronic Communications Use and Retention

II. Use of E-Mail and Electronic Communications

The school board and administration will not use email as a substitute for discussion at board meetings, or for any business properly conducted at board meetings subject to the Vermont Open Meeting Law.

….

Brattleboro Town School District, Dummerston Town School District,
Guilford Town School District, Putney Town School District and Vernon Town School District

Act 46 Study Committee
Work Session Agenda, Minutes & Action Items – September 8, 2016 from 6-8 PM – WRCC-Cusick Room

Present
Brattleboro: Kim Price*, David Schoales**, Jill Stahl Tyler*, Mark Truhan*, Todd Roach**
BUHS/ BAMS/WRCC: Ricky Davidson*, Ian Torrey* * denotes voting member,
Dummerston: Kristina Naylor** ***, Amy Wall* – Clerk ** denotes alternate voting member,
Guilford: Beth Bristol*, Alice Revis** *** denotes ex officio member
Putney: Richard Glejzer**, Alice Laughlin* – Chair
Vernon: Walter Breau*, Mike Hebert**

Also present
WSESU: Lyle Holiday – Curriculum & Assessment, Frank Rucker – Business Manager, Ron Stahley – Superintendent
Others: BCTV staff, members of the public including Laurie Frechette – Dummerston Town Clerk, Denise Germon –
Putney Town Clerk, Penny Marine – Guilford Town Clerk, Annette Cappy – Brattleboro Town Clerk,
Jeannette White, Ines McGillion, Ken McCaffrey, Paul and Jody Normandeau, Walter Breau

Committee Guidelines
1. Work sessions will start and end on time.
2. Work sessions will last 2 hours unless decided otherwise by the Committee.
3. Members will give and receive with good intentions.
4. Members will follow “3 before me” as a guideline so all members have the opportunity to speak.
5. Members will conduct Committee business in front of the group.
6. Members will understand that silence on the part of another member does not imply agreement.
7. Members will site sources of evidence during discussion.
8. All members will be included in conversation and no side conversations will be conducted during the work session.
9. Members will stay on topic during discussions and will request the Clerk make note of additional topic(s) for future discussion.
10. Members will engage in the work at hand and administration will provide the space and support as needed to do so.

Agenda Items Led by
– Call to order Ricky Davidson
– Review, prioritize and establish desired outcomes for meeting Ricky
– Review Study Committee member roles and public comments by Chair Ricky
– Approve of minutes of previous work session – August 25 Ricky
– Review Study Committee process by Chair Ricky
– Recognition of groups and/or individuals Ricky
– Study Committee Work Session Ricky, Ron Stahley, Frank Rucker
– Articles Update from Counsel and Agency of Education
– Vernon and BUHS District #6 separation agreement
– Update of Meeting with Town Clerks
– Information forums – confirm dates
– Required within 10 days of November 8
– Public information – content and mailings
– Future meetings, Discussions Ricky
– Adjournment

Work Session Minutes:

Vice Chair Ricky Davidson called the work session to order at 6:01 pm and confirmed that a quorum was present. He proposed a change in the order of the agenda items and the Committee members agreed by consensus.

Ricky welcomed the Town Clerks and the public present. He opened the floor to the public present who shared the following thoughts, concerns and/or ideas:

Concern that wording re: school closure vote is not consistent with Open Meeting law and clarity needed re: calendar or business days,

Concern that information from the AOE about the at large voting model is not corroborated by VT Secretary of State,
Objections to the at large voting model and commingled ballots.

Ricky Davidson thanked the Town Clerks for attending the meetings yesterday and tonight. At the meeting yesterday, Ron Stahley stated that Town Clerks shared their concerns about adding more the November 8th election and that these sentiments were expressed by VT AOE, Secretary Holcombe and legal counsel in recent communications. Town Clerks stated that federal elections have earlier deadlines than state/local elections so ballot language has already been submitted. This means that Act 46 related ballot language must be counted by handed which will require significant manpower because turnout for federal elections is high. While the Town Clerks recognize the Committee’s desire to involve as many voters as possible in Act 46 related decisions, they do not recommend doing so because of the short time frame in which board director petitions need to be submitted, the complexity of the issues involved, and the importance of educating voters so they can vote without confusion. The Town Clerks confirmed that a Special Meeting at later date(s) can be held with much greater ease and without additional significant expense. Town Clerks shared their preference of a vote on Vernon’s withdrawal from BUHS #6 in January and votes on unification and board members at Town Meeting Day in March. If the Committee agrees to not proceed with a November 8 vote, then Town Clerks would like to have information to pass out to voters to help with the Committee’s voter education efforts. On a motion made by Beth Bristol, seconded by Alice Revis and so voted, the committee agreed to:

– postpone the vote on Vernon’s withdrawal from BUHS #6 to January 10th or a similar date that is appropriate
based on statute and
– postpone the vote on unification and election of unified board officers to March 7th Town Meeting or a similar
date that is appropriate based on statute.

Ian Torrey abstained because of his thoughts previously expressed on unification. The Town Clerks thanked the Committee for listening to their concerns and supporting them.

On a motion made by Richard Glejzer, seconded by Beth Bristol and so voted, the minutes of August 25 were accepted unanimously with the addition of wording on page 2 from the Brattleboro School Board provided to Amy Wall and the changes requested by Dummerston ex officio Kristina Naylor.

Ron Stahley led a review of the September 8 draft report. It has the following changes (shown in bold) based on input from the AOE and/or legal counsel:

Page 2 refers to new Appendix A – Program overview, enrollment trends and program expansion opportunities;
Page 4 reflects labelling change to Appendix B for financial information;
Page 8 shows additional language in bold added to Article 9 for clarification;
Page 7 has wording in Article 8 that reflects requirements of statute regarding commingled ballot votes.

Frank Rucker shared that because all members are individual at the time of the unification vote, ballots are not commingled. After unification, legal counsel and AOE has stated that ballots for unified board directors may/may not be commingled and ballots for unified budget approval must be commingled. Per legal counsel, commingled ballots are the traditional default in Vermont and at Town Meeting and is applied by statute. Alice Revis and other committee members expressed the importance for local community sentiment to be known. Ricky Davidson reminded the Committee that the reason for the at large voting model was to ensure that small towns are not overwhelmed by Brattleboro as they would be in a proportional model. Jill Stahl Tyler stated that a shift in thinking was needed by the small towns because this is already done in Brattleboro. Frank Rucker shared that according to legal counsel, a union school district budget like BUHS is commingled. Ricky Davidson acknowledged State Senator Jeanette White request to speak. She stated that the question of commingled ballots goes beyond the current discussion because towns are electing representatives with residency requirements and this local representation may contradict with the at large model. She deferred to Secretary of State Jim Kondos. Ron Stahley will follow up on this matter.

Frank Rucker provided an update on the logistics of Vernon’s proposed withdrawal from BUHS #6. He shared that a draft separation agreement has been generated and that Vernon’s share of BUHS debt (11% of $11.2M) and associated assets are essentially equal. Paul Giuliani has been working on this and it is not recommended/workable to assign a practical resale value to Vernon’s share of BUHS assets because it will not be resold. Frank stated that the Vernon School Board Clerk needs to submit the results of Vernon’s August vote to the AOE for verification and that doing so begins the official process of Vernon’s withdrawal from BUHS #6. Walter Breau confirmed that he (as clerk) has not yet certified the Vernon vote and sent it to Secretary Holcombe. Frank stated that this certification/notification and the separation agreement are needed prior to unification vote(s) because they are referenced in the Warning Articles. Walter Breau shared that the Vernon Schoolboard meets on Monday and expects to finalize its next actions.

Ricky Davidson and Ron Stahley confirmed with the Committee that the meeting with State Board of Education would be postponed to a date later than its September 20th meeting. Ricky Davidson led a discussion about future events and meetings and confirmed the following:

9/21/16 at Brattleboro – forum postponed to a later date
9/22/16 at Putney – changed from forum to Study Committee work session from 6-8 pm
9/26/16 at Vernon – not needed
10/3/16 at Guilford – forum by Committee planned
10/11/16 at Dummerston – forum by Committee planned

Ricky Davidson opened the floor to the public present who share the following:

Concern about voter confusion and propaganda that the Study Committee will share,

Need for the 8/30/16 draft report to be posted on the website,

Concern that Vernon’s share of BUHS debt and assets as a “wash” was not correct and left the remaining members with a larger share of the debt,

Concern that Vernon high school students may not attend BUHS

Inquiry on the Study Committee’s “Plan B” if a unification vote fails,

Request that local boards have the opportunity to comment on revisions to the approved Articles,

Request for Study Committee to reject commingled ballot language because of concerns that it will mask small town voting power,

Questions about the Study Committee’s ability to spend public funds, and

Questions about timing if the July 2017 operational deadline is not achieved.

Frank Rucker suggested that the Committee take formal action to notify the AOE of changes to its report. On a motion by Amy Wall and seconded by Kristina Naylor, the Committee voted unanimously to notify the AOE that its report with Articles of Agreement will be revised based on the Committee’s actions to change the Articles of Agreement.

The Committee’s next work session is on September 22 from 6-8 pm at the Putney Central School. Agenda items for this work session include:
– Review of ballot language,
– Preparation for the State Board of Education meeting, and
– Other related matters, as needed.

On a motion made Richard Glejzer, seconded by Alice Revis, and so voted, the work session ended at 7:33 pm.

Respectfully submitted, Amy Wall – Committee Clerk

Comments | 1

  • Meeting Postponed

    “The WSESU Act 46 Study Committee meeting scheduled for 6:00 p.m. in Putney tonight has been canceled. It will be rescheduled at a later date.”

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ACT 46 Meeting Agenda and Minutes

ACT 46 STUDY COMMITTEE

Representing the Brattleboro Town School District, Dummerston Town School District,
Guilford Town School District, Putney Town School District and the Vernon Town School District
http://www.wssu.k12.vt.us

NOTICE OF MEETING

The Act 46 Study Committee will meet at 6:00 p.m. on Thursday, September 8, 2016 in the WRCC Cusick Conference Room

AGENDA

I. CALL TO ORDER – 6:00 p.m. – Alice Laughlin, Committee Chair

II. REVIEW, PRIORITIZE AND ESTABLISH DESIRED OUTCOMES FOR MEETING BY CHAIRPERSON.

III. REVIEW COMMITTEE MEMBER ROLES AND PUBLIC COMMENTS BY CHAIRPERSON

IV. APPROVAL OF MINUTES – August 25, 2016

V. REVIEW STUDY COMMITTEE PROCESS BY CHAIRPERSON

VI. RECOGNITION OF GROUPS AND/OR INDIVIDUALS

VII. STUDY COMMITTEE WORK SESSION:
Articles Update from Counsel and Agency of Education
Vernon and BUHS District #6 Separation Agreement
Update of Meeting with Town Clerks
Information Forums – Confirm Dates
Required Within 10 Days of November 8
Public Information – Content and Mailings

VIII. FUTURE MEETINGS, DISCUSSIONS

IX. ADJOURNMENT

Note: In accordance with the following excerpt from WSESU Policy E-12 Electronic Communications Use and Retention

II. Use of E-Mail and Electronic Communications

The school board and administration will not use email as a substitute for discussion at board meetings, or for any business properly conducted at board meetings subject to the Vermont Open Meeting Law.

….

Brattleboro Town School District, Dummerston Town School District,
Guilford Town School District, Putney Town School District and Vernon Town School District

Act 46 Study Committee
Work Session Agenda, Minutes & Action Items – August 25, 2016 from 6-8 PM at WRRC-Cusick Room

Present
Brattleboro: Kim Price*, David Schoales**, Jill Stahl Tyler*, Mark Truhan*
BUHS/ BAMS/WRCC: Ricky Davidson*, Ian Torrey* * denotes voting member,
Dummerston: Kristina Naylor** ***, Amy Wall* – Clerk ** denotes alternate voting member,
Guilford: Beth Bristol*, Alice Revis** *** denotes ex officio member
Putney: Richard Glejzer**, Alice Laughlin* – Chair
Vernon: Walter Breau*, Mike Hebert**

Also present
WSESU: Lyle Holiday – Curriculum & Assessment, Frank Rucker – Business Manager, Ron Stahley – Superintendent
Others: BCTV staff, members of the public including Shaun Murphy, Paul and Jody Normandeau, Becca Balint,
Walter Breau, Mike Fahr (VT Digger), Chris Mays (Reformer), Jack Gagnon, Erin Tkaczyk & Ines McGillion.

Committee Guidelines
1. Work sessions will start and end on time.
2. Work sessions will last 2 hours unless decided otherwise by the Committee.
3. Members will give and receive with good intentions.
4. Members will follow “3 before me” as a guideline so all members have the opportunity to speak.
5. Members will conduct Committee business in front of the group.
6. Members will understand that silence on the part of another member does not imply agreement.
7. Members will site sources of evidence during discussion.
8. All members will be included in conversation and no side conversations will be conducted during the work session.
9. Members will stay on topic during discussions and will request the Clerk make note of additional topic(s) for future discussion.
10. Members will engage in the work at hand and administration will provide the space and support as needed to do so.

Agenda Items Led by
– Call to order Alice Laughlin
– Review, prioritize and establish desired outcomes for meeting Alice
– Review Study Committee member roles and public comments by Chair Alice
– Approve of minutes of previous work session – July 20 Alice
– Review Study Committee process by Chair Alice
– Recognition of groups and/or individuals Alice
– Study Committee Work Session Alice, Ron Stahley, Frank Rucker
– Review School Board comments (Brattleboro, Dummerston)
– Review Proposed Timeline
– Review Vernon vote
– Vote on WSESU Act 46 Study Committee Articles/Report
– Vote and Ballot Discussion Alice
– Set Draft Schedule for Study Committee Individual Town Presentations
– Review Act 46 Town Forum Dates
– Future meetings, Discussions Alice
– Adjournment

Work Session Minutes:
Chair Alice Laughlin called the work session to order at 6:00 pm with a review of the agenda. She proposed that public commentary be taken before and after the work session. The Committee members agreed by consensus.

Alice welcomed the public present and opened the floor to the public present who share the following thoughts, concerns and/or ideas:

The concern that the July 20th minutes were not an accurate representation re: discussion of Dummerston,

The concern about commingled votes and the request that Article 18 specifically reference “grounds”, and

The request that ballot language be posted on the Act 46/WSESU website, when available.

On a motion made by Kim Price, seconded by Ricky Davidson and so voted, the minutes of July 20 were accepted unanimously with the addition of wording on page 2 that specified the Guilford Board’s preference that the Guilford unified board member attend Guilford Leadership Council meetings.

Alice Laughlin solicited feedback from the Brattleboro and Dummerston School Boards who met and reviewed the draft report since the Study Committee’s last meeting on July 20th. On behalf of the Brattleboro School Board, Jill Stahl Tyler shared that their August 24th forum was attended by approximately 20 people and the discussion was thoughtful and respectful. A question arose about the need to vote at Town Meeting on Board members who might only serve a few months until a unified board assumed responsibility. Jill shared that the assumption was that current board members’ terms would be extended. Ron Stahley will seek clarification from legal counsel. The Brattleboro School board voted to support the Study Committee report and Articles in a 3-2 vote.

On behalf of the Dummerston School Board, Amy Wall and Kristina Naylor shared residents’ input from the Dummerston forum and feedback from the School board including:

Concerns from some residents that the Study committee was progressing too quickly,

Article 6C does not assure that future capital gifts should be used as the giver specified,

Concerns about the assumption of individual debt while capital funds are retained by the individual districts,

Article 7 does not include local control over school closure and grade movement,

Article 8 uses an “at-large” membership which has been shown in research to suppress minority vote,

Article 9 should not specify a comingled vote for transparency of local votes,

Article 13 should specify the Leadership Councils as part of the local input for policy and budget development,

Article 14 should not specify an Australian ballot vote,

Article 15 should include “…shall be appointed…” to strengthen the wording and it is hoped that intent is for the Dummerston unified board member to attend Dummerston Leadership Council meetings,

Article 15 – bullet 3 should be changed to “including but not limited to facility use, technology acquisitions…”,

Article 16 should have the title changed to “school attendance and enrollment”,

Page 11 should have a disclaimer that income sensitivity has not been factored into the figures shown and clarification of the $2.97M figure at the bottom of the page.

The Dummerston School board voted 1-3 to support the Study Committee report and Articles with/without suggested changes. In the discussion that followed, Committee members revisited the decision making process for specific aspects of the current report and agreed to incorporate additional wording based on Dummerston input. Ron Stahley will update report to reflect these changes.

Ron Stahley shared information on the commingled ballots in Articles 9 and 14. Per legal counsel, Article 9 is not required to be commingled while the ballots on the unified district budget in Article 14 must be commingled. The Committee agreed by consensus to change Article 9 to reflect a non-commingled ballot.

Alice Laughlin reviewed the various options for a vote by the electorate on the Study Committee report and the proposed merger. The date for a vote on a unified district budget depends on its development by a new unified board. Further discussion made it clear that regardless of the date, it would be a change for some/all towns if it were not held on Town Meeting day or at Brattleboro’s Representative Town Meeting. The advantages and disadvantages of a vote in November, December/January and March were discussed. Ron Stahley shared that Donna Russo-Savage/VT AOE contacted him recently with concerns about combining a vote on Vernon’s departure from BUHS #6 and a vote to form a unified union district. A strong turnout is expected in the November election and the VT AOE encouraged separate votes. At the earlier meeting with Town Clerks, Alice shared that they were concerned with ballot language, ballot counting with a heavy voter turnout and additional expense.

Alice Laughlin asked Walter Breau to speak to the Vernon vote. Walter shared that two public forums were held and the town vote in early August clearly favored exiting BUHS #6 to retain Vernon’s school choice. Ron Stahley stated that wording to Article 1 should be added that references the August 9th vote by Vernon residents to withdraw from BUHS #6.

Jill Stahl Tyler questioned having Dummerston listed as necessary. In the ensuing discussion, the decision to have all remaining WSESU member districts as necessary was revisited. Doing so allows the formation of a unified district and the supervisory union ceases to exist along with the individual WSESU member districts. Doing otherwise would require the continued existence of the supervisory union structure which limits educational programming opportunities and anticipated financial savings.

On a motion made by Ricky Davidson, seconded by Ian Torrey and so voted unanimously, the Study Committee agreed to submit the Report and Articles of Agreement with changes noted to the State Board of Education at its September 2016 meeting.

Alice Laughlin led a discussion on the timing of the electorate vote. On a motion made by Alice Revis and seconded by Ricky Davidson, the Committee voted to hold a vote of the electorate to release Vernon from BUHS #s, to approve the formation of a unified district by Brattleboro, Dummerston, Guilford and Putney and elect unified board members on November 8th. Ian Torrey abstained.

Alice Laughlin opened the floor to the public present who share the following:

The need for individuals interested in serving on the unified board to submit petitions to their Town Clerk
by 9/29-10/1,

The request that minutes for previous work sessions be available on the WSESU website, and

The information for submission of a minority report.

Per legal counsel guidance, Lyle Holiday stated that a minority report could not be submitted since the Committee vote was unanimous.

The Committee’s next work session is on September 8 from 6-8 pm at the Putney Central School. Agenda items for this work session include:

– Review of ballot language,
– Preparation for the State Board of Education meeting, and
– Other related matters, as needed.

On a motion made Beth Bristol, seconded by Kim Price, and so voted, the work session ended at 8:04 pm.

Respectfully submitted, Amy Wall – Committee Clerk

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