At their February 3, 2011 meeting, the Prudential Committee presented their position related to the Recreation and Parks governance issue. Watch for a version of the presentation with audio narration to be posted soon!

1. ESSEX JUNCTION
RECREATION AND PARKS:
GOVERNANCE DISCUSSION
February 3, 2011 (Research & Development by Cindy Remy)

2. 2 EJRP Today

3. EJRP Structure
3
Chittenden Central Supervisory Union
EJSD (Prudential Union #46 Westford School
Committee) School District District
Rec. Advisory
EJRP
Council

4. Recreation Advisory Council
4
 The Essex Junction Recreation and Parks
Advisory Council (Advisory Council) will serve
in an advisory capacity to the Department's
administrative staff in the development,
maintenance, and stewardship of a
comprehensive system of leisure and
recreational services as provided by the Essex
Junction Recreation and Parks Department
(EJRP).

5. 5 A Recent History

6. Coexistence Between Village and
6
School District: 1999
 Issue of coexistence visited
by Trustees and PC
attorneys prior to PC pool
bond vote in 1999
 Parties understood the
pool was a PC asset and
the bond was a PC burden
(present bond is non-
transferable to any other
entity for continued
duration of the required
bond payments)

7. First Agreement Created 2001
7
 With municipal merger planning occurring
between the Town of Essex and the Village of
Essex Junction, attention was given to the
governmental services being provided
(Libraries, Fire Departments, Recreation
Departments, etc.)

8. Rec. Agreement Continued 2006
8
 Village merger vote dates:
 November, 2006 and January, 2007
 School districts’ “Unified Union” vote date:
 October, 2007
 This agreement clarified EJRP status in the
event of either a municipal or school merger.
 (Neither occurred and EJRP remains governed by
EJSD – Prudential Committee)

9. Rec. Agreement Continued 2010
9
 On March 15, 2010, the Agreement between
the Prudential Committee and the Village of
Essex Junction was renewed through June 30,
2011.

10. What does the Agreement Say?
10
 Village owns three parks
 PC operates, maintains, and administers Parks and
Recreation programs
 October, 1970 Village approved the transfer of the
operation, management, and administration of the
Parks and Recreation Program to the PC
 Since 1971, the PC has operated & administered
EJRP
 EJRP will be turned over to Village if schools unify
without municipal merger or a new municipality is
created

11. How this all started…
11
EJRP Baseball Field Conversion
Plan
 Planned by EJRP in 2009-2010
 Concerned citizens make plea
to PC to halt project
 Project halted by EJRP June 14,
2010

12. Essex Reporter: July 8, 2010
12
“Residents Call For Village To Run Rec
Department”
 “In continuing fallout over plans to remove a
baseball field at Maple Street Park, residents
asked the village to retake control of the Essex
Junction Recreation and Parks Department…”

13. Essex Reporter: Aug. 5, 2010
13
“Dispute Widens Over Recreation
Oversight”
 “The Essex Junction Board of Trustees want a
speedy study of how much it will cost the village
to operate the Recreation and Parks Department.
Not so fast, responded the school board, which
currently oversees recreation programs and
would need to help with the study…”

14. Burlington Free Press: Aug. 20, 2010
14
“Essex Junction School Board to Discuss
Parks Department”
 “The Prudential Committee, which oversees the
Essex Junction School District and the Parks
Department, met with the village Board of
Trustees last month and weighed whether to
renew an agreement (beyond expiration of
current agreement in June 30, 2011) regarding
the department…”

15. Petition Received Aug, 2010
15
 335 signature petition was served to the PC
and Village in August, 2010 asking for change
in Rec governance

16. Barra Legal Opinion: Sept. 10, 2010
16
“The current situation is that the
Village has contracted with the PC
to run its Recreation Department.
The Trustees retain the right and
authority to oversee and change its
operation…If not renewed, the
agreement to run the Village’s
Recreation Department ends. The
PC would no longer have
permission to use the land
surrounding the buildings.”

17. Burlington Free Press: Sept. 20, 2010
17
"Essex Junction panel seeks comments on
Recreation Department"
 “The seven-member advisory council [Recreation
Advisory Council] is collecting information and
public comments to contribute to future
discussions…”

18. EJRP Routine Update to PC:
18
Oct. 18, 2010
 The PC’s EJRP Director gave a
routine update to the Prudential
Committee, highlighting exit survey
responses from 288 EJRP summer
program participants:
 ≈94% respondents were satisfied or
better with EJRP programs
 ≈92% respondents were satisfied or
better with EJRP staff
 ≈94% respondents were satisfied or
better with EJRP facilities

19. Burlington Free Press: Nov. 5, 2010
19
"Essex Junction officials to discuss parks
governance"
 “The Prudential Committee invited the trustees to
meet in January, and to attend four of its budget
work sessions in January and February…”

20. PC’s EJRP Questions Answered at
20
School Board Mtg.: Nov. 8, 2010
 Executive Director of
Operations/CFO publicly
answers PC’s questions
related to governance and
administration at school
board meeting
 Questions include those
posed by the Trustees

21. RAC Survey Ends Nov. 9, 2010
21
 Public survey open Sept. 14 – Nov. 9, 2010
 199 Village residents responded
 85% satisfied w/ EJRP staff and programs
 72% feel EJRP should remain under PC
governance
 13% feel transferring EJRP to Village would
serve the community well

22. RAC Polls the Parties: Nov. 12, 2010
22
Audience Responded Did Not
Respond
Petitioners X
Village X
CCSU X
EJRP X

23. Additions Recommended by Trustees
23
to Agreement: Dec. 10, 2010
 Creation of yet another level of governance (“Joint Ad
Hoc Oversight Committee”)
 Inclusion of 2 Trustees and Village staffer on Committee
 Approval of new Agreement by Trustees/PC by Nov.
30, 2011, with failure to reach joint Agreement by
January 1, 2012 resulting in EJRP and all programs to
be “returned to the Village” on or before July 1, 2012
 Either party may, with six months notice, “return” the
Recreation and Parks Programs to the Village
 Joint Ad Hoc committee to have authority over
operating and capital budgets, authorization of new
programs, and hiring/firing of full-time employees

24. RAC Position: Dec. 13, 2010
24
 “As a result of information gathered from the
community, the financial facts, and the success
of our recreation department over the last
forty years, it is clear that EJRP governance by
the school district best meets the needs of our
community. The Recreation Advisory Council
recommends that the current agreement
between the Prudential Committee and Board
of Trustees be renewed in its same form for a
minimum of one year.”

25. Petition Received Jan. 10, 2011
25
Petition signed by over 800 Essex Junction residents
 “Dear Essex Junction Prudential Committee and
Village of Essex Junction Board of Trustees:
We, the undersigned taxpayers/residents of the
Village of Essex Junction, request that the Essex
Junction Prudential Committee and the Village of
Essex Junction Board of Trustees honor the history of
success of the Essex Junction Recreation and Parks
Department and preserve the current governance
structure under the Essex Junction School
District. We request that all existing agreements,
ordinances, and relationships be maintained…

26. Petition Received (cont’d)
26
 …We request that no more time, effort, energy,
meetings, or tax payer money be spent debating
Essex Junction Recreation and Parks governance
and that the Essex Junction Prudential Committee
continues to provide administration and oversight
of the parks, personnel, and programs. Further
we request that, without any changes, the
existing contract between the two entities which
expires on June 30, 2011, is renewed at least
through 2019, when the bond debt is paid off.”

27. Consultant Report: Jan. 11, 2011
27
 Denise Clavette
presented her
commissioned report
to the Village
Trustees, comparing/
contrasting EJRP with
neighboring rec.
departments

28. PC/Village Leadership Conversation:
28
Jan. 12, 2011
 Informal meeting among D. Crawford, M.
Deweese, L. Waite-Simpson, D. Billado
 Four distinct directions discussed:
1. The parties mutually withdraw from this
dispute
2. The PC returns EJRP to the Village
3. The Trustees effectuate a “hostile takeover”
of EJRP
4. Trustees explore Essex Town/Essex Junction
rec. conversation

29. PC/Village Conversation (cont’d)
29
 Clarity emerged over core governance issue:
 Isthe Prudential Committee operating EJRP on behalf
of the Village, or
 Had the Trustees turned over the “governance keys” to
the Prudential Committee?
 The PC will revisit at its Jan. 27, 2011 meeting
sharing further clarification over its legal
position

30. Overton Letter: Jan. 13, 2011
30
“I remember in 1970 that
the Village gave up the
Recreation Department
because a majority of the
Trustees felt the
recreational areas were
largely for school children
and elders.”

31. Trustees “Clarification:” Jan. 20, 2011
31
 Asserts Village has
responsibility to
decide how EJRP is
handled
 Threatens to remand
issues of authority and
program ownership to
the courts

32. Trustees “Clarification” (cont’d)
32
 Jan. 31, 2011: petition to the courts by Trustees
 March 8, 2011: negotiated agreement with PC
or an agreement defining reversion of EJRP to
Village
 March 15, 2011: Trustees to notify PC of decision

33. PC Responds to Trustees’ Interests:
33
Jan. 28, 2011
Excerpt from Deweese to Crawford e-mail
“As you know, the PC met last evening. This was the
school board's first meeting since our January 11
[sic 12] conversation (you, Linda, Deb & me), and
the first school board meeting since the BoT's recent
"Clarification" statement (received January 21,
2011). The PC will be prepared to provide the
Trustees with the specifics of the school district's
position on the subject of Rec Governance, but
cannot meet the BoT's immediate deadline of
January 31 (which is less than two business days
from now).…

34. PC Responds to Trustees’ Interests
34
(cont’d)
…The PC extends an invitation to you and the
Board of Trustees to the PC's Thursday, February
3, 2011 meeting. That evening, the PC will
detail its perspective on this important subject…
The PC anticipates this meeting will be an
important step toward closure on this important
matter.”

35. 35 Village and School District History
1969 - Present

36. In 1969, around the nation…
36
 Nixon becomes president
 United States withdraws from
Vietnam
 Sesame Street gets its start
 Janis Joplin, Jimi Hendrix, and The
Who appear at Woodstock
 Simon and Garfunkel's “Mrs.
Robinson” is Record of the Year

37. In 1969, locally…
37
 Village dealing with sewage treatment issues
 Talks of a Town/Village municipal merger
 The new Essex Junction H.S. building is built
 Essex Town School District is a part of CCSU
 EJRP is under Village jurisdiction, with citizen
discontent with recreation programs and
leadership, calling for the “elimination or
dramatic improvement” of EJRP

38. Separate Governmental Authorities
38
Village School District
Charter X X
Annual Meeting X X *
Taxing Authority X X
Budgets X X
The Village and the Essex Junction School District
operate as separate municipalities
*2010-2011 = 138th Annual Report of the Essex Junction School District

39. Essex Junction School District Charter
39
 The Prudential Committee is “authorized to
operate and maintain a recreation program.”
 VT
Title 16 Appendix: Education Charters and
Agreements – Chapter 11: Essex Junction School District,
§11-3.1. Duties and powers of prudential committee

40. Village of Essex Junction Charter
40
 No mention of a recreation department in
Village Charter (as authorized by voters in
1985, with subsequent charter amendments
thereafter)

41. Village Municipal Code - Definitions
41
 “Parks – means all recreational facilities and
land owned by the Village of Essex Junction
and used for open space and recreation. It
includes, but is not limited to, playgrounds, ball
fields, tennis courts, trails, pathways, picnic
areas, pools, drives, and parking lots whether
such public grounds are developed or
undeveloped. This definition does not include
recreational bike paths.”

42. EJRP Facilities Owned by the PC
42
 “The School District owns the equipment,
facilities and physical improvements including
the Maple Street Park Recreation Building and
Pool improvements.”
 Reinforced in the current PC/Village agreement

43. Village Municipal Code – General
43
Regulation of Public Parks
 “All Village parks will be operated,
maintained, and administered under the direct
control and supervision of the Essex Junction
Prudential Committee.”
 Section 301 of Current Essex Junction Municipal Code

44. Prudential Committee Minutes:
44
Oct. 6, 1969
“VII: Motion Made,
Seconded, and Passed:
That Recreation
Department be brought
under jurisdiction of
Essex Junction Graded
School District with final
approval of Village
Trustees.”

45. Prudential Committee Minutes:
45
January 12, 1970
“Instructed Clerk to write
letter to Village stating
Prudential Committee
position on take-over of
Recreation Program.
Prudential Committee voted
to accept proposal if Village
Trustees authorize a $40,000
budget to be raised in the
following manner:

46. Prudential Committee Minutes:
46
January 12, 1970 (cont’d)
1. $7,500 from Town.
2. $22,500 from Village
3. All receipts from pool
and other sources to be
collected and retained
by Recreation Fund.

47. Jan. 14, 1970 Letter to Trustees from
47
Prudential Committee
“We would be most
pleased to assume the
responsibility for operation
of the program for the
1970 calendar year, and
also to assume complete
responsibility for the
program starting with
calendar year 1971,
including the raising of tax
revenues…”

48. Suburban List: Jan. 15, 1970
48
“Schools won’t take over
Rec. Dept unless Trustees
provide $40,000”
 The Prudential Committee
asked the Trustees to provide
them with $40,000 to
operate EJRP (per the
Trustees’ formal request for
the school district to take
over the recreation
department).

49. Suburban List: Jan. 15, 1970
49
“Essex trustees to retain
Rec. Dept.”
 Village Trustees decided to
retain EJRP after receiving
a letter from the PC asking
for $40,000 to take over
the department. The
Trustees also agreed to
appoint a Recreation
Committee to work with the
EJRP Director.

50. Suburban List: Jan. 15, 1970
50
“Public challenges Trustees’ cut in Rec.
budget at public hearing”
 A summary of a recent Trustees’ meeting was
provided, outlining that the Trustees were
proposing a $7,000 cut to the Recreation
Department’s budget.

51. Suburban List: Feb. 12, 1970
51
“Essex Junction names
Recreation Committee”
 Five people were
appointed by the Village
Trustees to be on the
Recreation Committee to
study the needs of
recreation in Essex Junction.
They were asked to report
back to the Trustees by
March 15, 1970.

52. Suburban List: Feb. 12, 1970
52
“Committee to define
recreation, indicate
scope”
 A Recreation Committee
appointed by the Trustees
will study recreation,
beginning by defining it
and outlining its scope and
requirements. They were
also tasked with defining
the duties of the Rec.
Director.

53. Suburban List: April 9, 1970
53
“Trustees set up Rec.
Board, welcome study
Comm. Proposals”
 Upon completing their
study, the Rec. Committee
became the interim
Recreation Commission.
The Trustees would retain
policy rights over the Rec.
Dept and the interim
Commission would work
until a Village ordinance
was created to make the
Commission permanent.

54. Suburban List: April 16, 1970
54
“Recreation Study Comm. report in summary”
 The Recreation Committee proposed a Rec. and Park
Board be enacted. This board would hire the Rec.
Director and establish plans and fees for rec. and park
use. They would also propose a budget to the Trustees
for approval. They created a sample agreement
between the Village and the Schools to show how the
Rec. Dept. can work with other entities. They also
recommended a “pay-as-you-go” model, along with
increased pool restrictions.

55. Suburban List: Oct. 1, 1970
55
“Letter to the Editor: Essex
Recreation Controversy”
 A letter to the editor from
Richard Foot was submitted
addressing the controversy of
the perceived conflicts
between the Trustees and the
Rec. Director, resulting in the
resignation of the Rec.
Director. This letter is asking
for a new Director so rec.
programs can continue.

56. Village Trustees Minutes
56
October 5, 1970
“Upon the motion of Lavoie, seconded
by Stevens, it was moved that the
Recreation Department be turned
over to the School Department
effective as soon as the Prudential
Committee approves of the transfer
and that all arrangements as to funds
and property be made by the Village
Manager and School Department
and the Village Manager’s decision
be final with no review by members
of the Board of Trustees…The main
motion was then approved by a vote
of 3 to 2.”

57. Suburban List: Oct. 8, 1970
57
“Schools may take over
Rec. program, will talk with
trustees first”
 A Trustee presented the idea
of turning over the Recreation
Department to the school
district since there was a lull
in programs and finances.
The PC was willing to take
over the department,
pending a discussion with the
Trustees to review financials
and operating necessities.

58. Prudential Committee Minutes:
58
October 8, 1970
“1. Motion that the School
Board accept the offer of
the Trustees to assume
administrative and
financial responsibility for
the Essex Junction
recreation program with
the following
understanding:

59. Prudential Committee Minutes:
59
October 8, 1970 (cont’d)
a) Administrative responsibility
shall be assumed effective this
date.
b) Fiscal responsibility shall be
assumed April 1, 1971. The
Trustees shall assume all
necessary expenses between
expiration of the present budget
(December 31, 1970) and the
assumption of the School Board
budget for recreation (April 1,
1971).
Motion passed.”

60. Suburban List: Oct. 15, 1970
60
“Schools take over
Village Recreation”
 The Trustees and the PC
agreed the School District
would take over the Rec. Dept.
There was a formal motion to
transfer the department to the
Essex Junction School District,
with administrative
responsibilities shifting April 1,
1970. Further negotiations
were now to occur between the
Village Manager and the PC,
and were not to include the
Trustees.

61. Suburban List: Nov. 19, 1970
61
“New Rec. Director looks forward to
working in Essex”
 A new Recreation Director was hired by the
School District, which had taken over jurisdiction
of the Recreation Department.

62. Prudential Committee 1970
62
Executive Session Outcomes
“That the financial affairs
of the Recreation
Department be handled
through the Business
Managers [sic] Office of
Chittenden Central School
District using established
business procedures.”

63. 1971 EJSD Annual Report
63
•Superintendent’s
Report
• Warning for
May 11, 1971
Annual Meeting

64. 1971 EJSD Annual Report
64
Superintendent’s Report
“RECREATION: The Village
Trustees, recognizing that
practically all areas
available for recreation in
the village were school
property, turned recreation
over to the Prudential
Committee.”

65. May 11, 1971 Annual Meeting
65
Warning Excerpt
“ARTICLE 5. To see whether the District will vote a
sum of money in the amount of $50,919 for
necessary and incidental expenses of the
Recreation Department for the ensuing year, to
pay interest on its indebtedness.”

66. 1972 EJSD Annual Report
66
• Warning for
May 9, 1972
Annual Meeting

67. May 9, 1972 Annual Meeting
67
Warning Excerpt
“ARTICLE VI. To see whether the District will vote
a sum of money in the amount of Fifty-Two
Thousand Nine Hundred and Ninety Dollars
($52,990) for necessary and incidental expenses
of the Recreation Department for the ensuing
year, to pay interest on its indebtedness and to
pay present indebtedness”

68. May 9, 1972 Annual Meeting
68
Warning Excerpt (cont’d)
ARTICLE VII. (Explanatory Note: As in the case of
the regular taxes (ARTICLE IV). The Recreation
budget must be placed on a fiscal year ending
June 30. The same choice is therefore offered
regarding the change-over, that is a one-year
transition or a three-year, one month at a time
transition”

69. From the Village Web-Site
69
“Village schools and the Village recreation and
parks department are under the jurisdiction of
the Essex Junction School District.”

70. 70 Quick Facts (Summary)

71. EJRP Tax and Program Revenue
71

72. EJRP Tax Rate History
72

73. Resources Devoted To This Issue
73
Type Village School District
Legal Fees X
Consultant Fees X
Time X X

74. What’s Been Considered?
74
Item Board of Trustees Prudential Committee
Barra Legal Opinion X X
Consultant’s Report X X
Overton Letter X X
300+ Citizen Petition X X
800+ Citizen Petition ? X
School Charter ? X
Municipal Charter ? X
Municipal Code ? X
Historical School Records ? X
Historical Newspaper Articles ? X
Historical Trustees Minutes ? X
Historical PC Minutes ? X

75. 75
The Prudential Committee’s
Position on Rec. Governance

76. Governance
76
 Language is key to the conversation. The
records speak to both the spirit, intent, and
actions.
gov·ern·ance [guhv-er-nuhns] –noun
1. government; exercise of authority; control.
2. a method or system of government or
management.
dictionary.com (From Random House Dictionary, 2011)

77. Governance Synonyms
77

78. Basis of Prudential Committee’s
78
Rec. Governance Status
 “PC is authorized to operate and maintain a
recreation program”
 16 VSA Appendix: Education Charters and Amendments -
Chapter 11: Essex Junction School District, §11-3.1. Duties
and powers of prudential committee.
 “will be operated, maintained, and
administered under the direct control and
supervision of the PC”
 Section 301 of current Essex Junction Municipal Code

79. Basis of Prudential Committee’s
79
Rec. Governance Status (cont’d)
 “pleased to assume responsibility for operation
of the program for the 1970 calendar year
and also to assume complete responsibility for
the program starting with the calendar year
1971, including the raising of tax revenues”
 [Letter: PC to Trustees, dated Jan. 14, 1970]

80. Basis of Prudential Committee’s
80
Rec. Governance Status (cont’d)
 “... it was moved that the Recreation
Department be turned over to the School
Department effective as soon as the Prudential
Committee approves the transfer ….” (passed
3 - 2)
 [Village Board of Trustees’ minutes: October 5, 1970]
 “Motion that the School Board accept the offer
of the Trustees to assume administrative and
financial responsibility for the Essex Junction
recreation program...”
 [PC minutes: October 8, 1970]

81. Basis of Prudential Committee’s
81
Rec. Governance Status (cont’d)
 None of the language found in the records
indicate that the EJRP governance shift from
the Village to the school district:
 is temporary
 is a contracted service for the Village Trustees
 is ambiguous

82. In Summary
82
10. Under PC stewardship, EJRP programs have
grown to serve its public without
increasing taxes for a number of years
9. Arrangement for the past 40 years between
Village and School for EJRP co-existence
8. Demonstrated history of Rec. instability under
Trustees’ leadership (pre 1970) and
demonstrated history of excellence under PC
(since 1970)

83. In Summary (cont’d)
83
7. PC has the governance authority to develop the
budget and set the tax rate each year for its
Recreation Department
6. PC has employed personnel, set policy, and
overseen programming for 40+ years (without
supervision/evaluation/funding or other resources
from the Village)
5. PC and Village entered into formal “Agreement”
since 2001 for sole & express purpose of “what
if” merger talks (both municipal and school) and
effect on EJRP

84. In Summary (cont’d)
84
4. Clear historical record of Rec. governance transition
from Village to PC; clear record of PC authority
3. 800+ citizen petition urging continuity of existing
conditions (and Agreement), evidence of widespread
community support for current structure
2. The PC finds the Trustees’ threat of legal action
inappropriate and a two-fold waste of taxpayer
money (for both Village and School District)
1. Unlike the Trustees, the PC is considering placing a
non-binding referendum on its School District Annual
Meeting Warning to more broadly assess the will of
the voters on whether the PC should consider
returning its Rec Dept to the Village.

85. 85

86. “We have a wonderful
recreation department that is
being ran in our community.”
-Deb Billado, Village Trustee
86

87. 87

88. “I think they do a wonderful
job offering programs for kids
and families and coordinating
with the schools in using the
facilities. I don’t think any
change is needed!”
-EJRP Customer
88

89. 89

90. “The parks, programs, and
additional functions like 4th
of July and Memorial Day
Parade are excellent. The
staff is incredible and very
dedicated.”
-EJRP Customer
90

91. 91

92. “I think they do a great
job. EJRP is one of the
programs that truly adds
value to living in this
community.”
-EJRP Customer
92

93. 93

94. “The Recreation Department
educates and strengthens our
community in so many ways,
ranging from senior citizen
programs to after-school care
and preschool program.”
-EJRP Customer
94

95. 95

96. “I think our parks and
programs are among the best
in the state. I am impressed
with the variety of programs
offered and the maintenance
of our parks and facilities.”
-EJRP Customer
96

97. 97

98. “EJRP is known as one of the
premier recreation and parks
departments in Vermont.”
-Report to the Trustees by Denise Clavette
98

99. 99

100. “EJRP rocks!
Great, well-maintained
programs + quality staff +
quality programs = happy
children and happy parents”
-EJRP Customers
100

101. 101