TOWN OF ESSEX SELECTBOARD Essex High School REGULAR MEETING AGENDA 2 Educational Drive Essex Junction, VT 05452 Monday, February 3, 2020

6:45 PM

E-mail: [email protected] www.essex.org Phone: (802) 878-1341

1. CALL TO ORDER/PLEDGE OF ALLEGIANCE TO FLAG [6:45 PM]

2. AGENDA ADDITIONS/CHANGES

3. APPROVE AGENDA

4. PUBLIC TO BE HEARD

a. Comments from Public on Items Not on Agenda

5. PUBLIC HEARINGS

a. Fiscal Year 2021-2025 Capital Budget and Five-Year Plan [6:50 PM]

b. Second of two public hearings to consider proposed amendments to Town of [7:00 PM] Essex Charter to expand the Selectboard from 5 at-large members to 6 members – 3 of whom would be elected from inside-the-Village and 3 of whom would be elected from outside-the-Village

6. BUSINESS ITEMS

a. Approval of Fiscal Year 2021 Capital Budget and Five-Year Plan b. Preparation for Town Meeting—Greg Duggan

7. CONSENT ITEMS

a. Acknowledge two new street names for private drives to be located at 78-81 Susie Wilson Road

8. READING FILE

a. Selectboard Comments b. Memo from Dennis Lutz and Aaron Martin re: 21-23 Pinecrest Drive Sewer Allocation c. Letter from Jill Remick re: CORRECTED 2019 Equalization Study Results

9. EXECUTIVE SESSION

a. An executive session is not anticipated

10. ADJOURN

Members of the public are encouraged to speak during the Public to Be Heard agenda item, during a Public Hearing, or, when recognized by the Chair, during consideration of a specific agenda item. The public will not be permitted to participate when a motion is being discussed except when specifically requested by the Chair. This agenda is available in alternative formats upon request. Meetings of the Selectboard, like all programs and activities of the Town of Essex, are accessible to people with disabilities. For information on accessibility or this agenda, call the Town Manager's office at 878-1341. Certification: ______01/31/2020

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SELECTBOARD February 3, 2020

1 TOWN OF ESSEX 2 SELECTBOARD MEETING MINUTES 3 Monday, February 3, 2020 4 . 5 SELECTBOARD: Elaine Haney, Chair; Annie Cooper; Max Levy; Patrick Murray; Andy Watts. 6 7 ADMINISTRATION and STAFF: Evan Teich, Unified Manager; Greg Duggan, Deputy Manager. 8 9 OTHERS PRESENT: Harris Abbott; Jan Abbott; Gil Allen; Lisa Allen; Paul Austin; Gary J. Balaun; 10 ; Iris Banks; Gina Halpin Barrett; Dennis Bergeron; Robert Bates; Alyssa Black; Al 11 Bombardier; Andrew Brown; Diane Clemens; Patty Davis; Paula Duke; Libby Dunbar; ; 12 ; Vincent Franco; Jerry Fox; Matt Gilbert; Ann Gray; ; Mary Lou 13 Hurley; Sharon Illenye; Stephanie Isaboreh; Tim Jerman; Art Johnson; Lynn Johnson; Brad 14 Kennison; Dan Kerin; Dave Kilbon; John Larkin; Bob Leuang; Alice Martin; Catherine Mitchell; 15 Candace Morgan; Guy Morin; Abbie Nelson; Hubert Norton; Mike Nosch; Michael Plageman; Mary 16 Post; Linda Proctor; ; Michael Ross; Sara Serabian; Brian Shelden; Gabrielle 17 Smith; Harlan Smith; Margaret Smith; Ken Signorello; Mitch Stern; Alvin Strong; Daryl Stultz; 18 Saramichelle Stultz; Mike Sullivan; Andy Suntup; Linda Suntup; Dennis Thibault; Mike Thorne; 19 Ralph Undercoffler; Chuck Vile; Carl Wermer; Jean White; Irene Wrenner; Lorraine Zaloom 20 21 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE TO THE FLAG 22 Elaine Haney called the meeting of the Town of Essex Selectboard to order at 6:46 PM and 23 invited all in attendance to rise and join in the “Pledge of Allegiance.” 24 25 2. AGENDA ADDITIONS/ CHANGES 26 There were no additions or changes to the agenda. 27 28 3. AGENDA APPROVAL 29 With no changes to the agenda approval was not necessary. 30 31 4. PUBLIC TO BE HEARD 32 a. Comments from Public on Items Not on Agenda 33 Mr. Signorello began to talk about state statutes on charter change and referenced the Essex 34 petition. Ms. Haney requested that he hold his remarks until agenda item 5b. 35 36 Mr. Bergeron asked the Selectboard why the Town payed 78% of total legal fees related to 37 merger in FY19. Ms. Haney said the funds were invested in professional and attorney fees. Mr. 38 Duggan added that the cost sharing calculation between the Village and Town was based on a 39 metric of the grand list, while considering that Village residents pay Town taxes in addition to 40 their taxes to the Village. Mr. Bergeron stated his disagreement. 41 42 Mr. Franco announced his candidacy for the Selectboard. 43 44 5. PUBLIC HEARINGS 45 a. Fiscal Year 2021-2025 Capital Budget and Five-Year Plan 46 47 Ms. Haney opened the Public Hearing on the Capital Budget and 5-year plan at 6:54 PM. 48 49 Ann Gray extended thanks, as a community member and member of the Essex Community 50 Historical Society, for the Town’s support of the Historical Society and restoration of water. She 51 also shared that the Historical Society submitted a letter of interest for a National Preservation 52 Trust Grant.

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53 54 MAX LEVY made a motion, seconded by PATRICK MURRAY, that the Selectboard close the 55 public hearing on the Capital Budget and Five-Year Plan. The motion passed 5-0 at 6:56 PM. 56 57 b. Second of two public hearings to consider proposed amendments to the Town of Essex 58 Charter to expand the Selectboard from 5 at-large members to 6 members – 3 of whom 59 would be elected from inside-the-Village and 3 of whom would be elected from outside- 60 the-Village 61 62 Ms. Haney opened the Public Hearing on the proposed amendments to the Town of Essex 63 Charter at 6:57 PM. 64 65 Ms. Haney provided parameters of how the hearing would be conducted and explained its 66 purpose.,Mr. Murray read the proposed charter change. Mr. Watts clarified two points made 67 during the previous hearing. He talked about governance, mayoral role, and the risk of private 68 meetings related to quorum size. Mr. Murray explained limitations in making revisions to the 69 proposed Charter change and discussed the risk of potential legal flaws with the proposal. 70 71 BETSY DUNN criticized the Selectboard chair for expressing concerns about the proposed 72 charter change prior to the previous hearing. Ms. Dunn shared her understanding of petition, 73 and statutes enforcement and encouraged the Selectboard to allow the petition’s originators to 74 have a chair at the table. Ms. Haney talked about a recent public records request where she 75 released her communications related to the proposed charter change. 76 77 SARAMICHELLE STULTZ shared her opinion that the proposed Charter change’s 78 representation structure is problematic and, even though its intention is to solve underlying 79 representation problems, it could undermine the functions of the Selectboard. 80 81 JAN ABBOTT said she thinks the proposed Charter change contributes to divisiveness and the 82 timing of the change does not make sense. She advocated for Selectboard members to be 83 elected based on the “best qualified”, not “best located”. 84 85 PATTY DAVIS said she believes half of Essex is underrepresented and the proposed 3-3 86 representation model is a good solution. She suggested that ties of a 6-person board could be 87 handled by tabling the subject and the proposed charter change can be revised, if this is found 88 to be needed. She disagreed with the Selectboard chair’s decision to share her opinions about 89 the charter change proposal in the previous meeting. 90 91 MARY POST expressed shock that residents would criticize the petition for the proposed 92 charter change and took issue with the introductory comment of the Selectboard chair at the 93 beginning of the previous meeting. 94 95 DENNIS BERGERON read the parts of the charter that would not change (B&C) and had not 96 been read earlier. He shared his negative perception of the current joint board make-up of 8 97 people from the Village and only 2 from outside the Village. He also criticized the participation 98 of Village Trustees in decision making. 99 100 BRAD KENNISON said that, if the proposed Charter change is approved by the voters, it would 101 necessitate approval from the Legislature before it could be implemented. He requested that, if 102 the voters approve the change, the legislators respect the voting body by approving it. 103

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104 GABRIELLE SMITH cautioned that she sees the charter change defining Essex by what 105 divides it, not what unites it. She expressed concerns about taxation divisions and believes the 106 representation structure should serve the entire municipality. 107 108 CARL WERMER stated his opinion that the proposed charter change’s representative structure 109 of 3 from in the Village and 3 from outside the Village would exasperate divisions. 110 111 LORRAINE ZALOAM said her experiences suggest that districting can work. She advocated for 112 Essex to merge and said the proposed charter change could provide effective representation. 113 114 SHARON ILLENYE agreed with the sentiments of Ms. Zaloom and requested to yield the 115 remainder of her time to Mr. Signorello. 116 117 MARYLOU HURLEY said she has experienced various instances, over her 44 years as a 118 resident of Essex, when her interests and values did not feel well represented as a person who 119 lives in the Town outside the Village. She shared her opinion that the proposed charter change 120 would provide an equal and fair representation structure. 121 122 ROBERT BATES expressed concern with the timing of the proposed charter change vote 123 because the fall merger vote could supersede it. 124 125 DIANE CLEMENS stated her opinion that the Capital Plan should include records preservation. 126 Regarding the charter change, she said that if one of the previous attempts to merge Essex 127 had succeeded, the change would not be needed now. She encouraged neighborliness. 128 129 IRIS BANKS stated her support of the proposed charter change and requested to yield her time 130 to Mr. Signorello. 131 132 MIKE SULLIVAN expressed concern that the proposed charter change may establish a border 133 that does not consider all of the rural, suburban, village and other subsections of Essex. 134 135 TIM JERMAN stated that he will vote “no” to the proposed Charter change and advocated for a 136 seven-person representation structure (3 people from outside the Village and 3 from the 137 Village, plus 1 person elected at large) that includes a merger plan to address tax issues. 138 139 KEN SIGNORELLO said that, because the Village and the Town outside the Village have 140 almost the same population, he sees the Charter change as a good representation model that 141 can be implemented according to the established charter process. He said that, in his point of 142 view, the 3-3 representation structure will force negotiation, honor differing values and 143 recognize already defined boundaries. 144 145 IRENE WRENNER shared her perspective that the current at-large representation structure of 146 the Selectboard does not work well for the interests of various lifestyles because the half of the 147 Town that becomes over-represented sets the agenda. She advocated for a ward or district 148 representation model. 149 150 ELIZABETH DUNBAR said that the 3-month process from petition to voting on the proposed 151 charter change shows that a charter change can take place quickly if it is found to be needed. 152 153 BRIAN SHELDEN expressed concern that the proposed charter change would establish a 154 representation model that would not change based on population fluctuations. He proposed an 155 independent redistricting commission that can bring Essex together instead. 156

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157 PAULA DUKE said she would prefer a model that also includes one at-large representative so 158 she could vote for someone who may not be running from her district. 159 160 PAUL AUSTIN said that the Village and Town outside the Village representation should be 161 equal and he is not concerned that an even board wouldn’t be able to find compromise. He 162 talked about the unique needs and tax structures of the two districts. 163 164 AL BOMBARDIER shared his experience representing the Town outside the Village as a 165 school board member during the school merger. He said that, through canvasing, he learned 166 about deeply-rooted perceptions of people not being represented fairly. He supports the 167 proposed charter change representation structure because his experience of equal 168 representation at the school board has forced consideration of perspectives and compromises. 169 170 HARLAN SMITH said that the proposed charter change sounds fair but does not answer 171 enough questions, so he would prefer a charter change proposal that is more complete. 172 173 VINCE FRANCO talked about generations of his family who have resided in Essex, stating his 174 understanding of the different perspectives in the community. He said he sees the proposed 175 charter change as a resident-led effort to address an issue people are concerned about. 176 177 HUBERT NORTON noted that, as a former planner, he understands the dynamic of unintended 178 consequences. He restated multiple perspectives shared by others who spoke before him to 179 reiterate their comments about the charter change process and the concern about fair 180 representation. 181 182 MARGARET SMITH shared her point of view that the joint representative body of Trustees and 183 Selectboard members does not seem fair because there are 8 representatives who live in the 184 Village and 2 who live in the Town outside the Village. She also expressed concern that the 185 merger proposal being voted on in November will increase taxes of residents in the Town 186 outside the Village by $300 by the end of 12 years. She yielded the rest of her time to Ms. 187 Wrenner, who then spoke about the risks of unbalanced power and unequal representation. 188 189 JERRY FOX is concerned by his prediction that, over the next 20 years, if the Town outside the 190 Village is not represented well, the rural community and fields will become a suburbia. 191 192 DAN KERIN extended an invitation for community members, who attended this hearing, to stay 193 for the Joint meeting of the Selectboard and Trustees which will include information about the 194 merger plan scheduled for November and a discussion with Legislators on the topic. Ms. Haney 195 added that the Joint meeting’s merger plan discussion will be the first of many outreach 196 meetings on the proposed merger. She said the next outreach meeting will be February 15 197 from 1-3pm at Essex Middle School. 198 199 Ms. Haney thanked the community members who attended the proposed Charter change hearing 200 for sharing their thoughts and perspectives. 201 202 MAX LEVY made a motion, seconded by PATRICK MURRAY, that the Selectboard close the 203 public hearing on the proposed amendments to the Town of Essex Charter. The motion 204 passed 5-0. 205 206 Ms. Haney called a recess to enter into the Joint Meeting of the Village of Essex Junction 207 Trustees and the Town of Essex Selectboard at 8:15 PM. 208 209 Ms. Haney called the Selectboard back to order from the Joint Meeting at 10:23 PM. 210 4

SELECTBOARD February 3, 2020

211 6. BUSINESS ITEMS 212 a. Approval of Fiscal Year 2021 Capital Budget and Five-Year Plan 213 The Selectboard members had no questions and there was no more discussion on the Capital 214 Budget and Five-Year Plan. 215 216 MAX LEVY made a motion, seconded by PATRICK MURRAY, that the Selectboard adopt the 217 FY2021 Capital Budget and Five Year Plan. The motion passed 5-0. 218 219 b. Preparation for Town Meeting—Greg Duggan 220 Mr. Levy brought up the importance of having the Selectboard attend a variety of events to 221 reach a broad audience with Town Meeting outreach. He pointed out that board members had 222 planned to do outreach at four Essex High School girls basketball games, which would likely 223 result in providing materials to the same group of parents. Board members encouraged each 224 other to share any ideas that would be beneficial for outreach. 225 226 7. CONSENT ITEMS 227 228 MAX LEVY made a motion, seconded by ANNIE COOPER, to approve the Consent Agenda, 229 with Selectboard comments: 230 231 a. Acknowledge two new street names for private drives to be located at 78-81 Susie 232 Wilson Road 233 Acknowledgment that the E911 Coordinator & State have approved the names ‘Serene Place’ 234 and ‘Wilsons End Place’ for the private drives. 235 236 The motion passed 5-0. 237 238 8. READING FILE 239 a. Selectboard Comments 240 b. Memo from Dennis Lutz and Aaron Martin re: 21-23 Pinecrest Drive Sewer Allocation 241 Mr. Murray asked to receive a crash course on the Town’s sewer system and sewer capacity 242 allocations. Mr. Teich said he would put Mr. Murray in touch with Public Works Director Dennis 243 Lutz and Town Engineer Aaron Martin. 244 245 c. Letter from Jill Remick re: CORRECTED 2019 Equalization Study Results 246 247 9. EXECUTIVE SESSION 248 249 a. An executive session is not anticipated 250 251 10. ADJOURN 252 253 ANNIE COOPER made a motion, seconded by PATRICK MURRAY, to adjourn. Motion 254 passed 5-0 at 10:33 p.m 255 256 Respectfully Submitted, 257 Cathy Ainsworth 258 Recording Secretary 259 260 Approved this 18th day of February, 2020 261 262 (See minutes of this day for corrections, if any) 263 264

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