Reorganization Planning Committee Meeting

9 January 2008

DRAFT Minutes

Present:  Facilitator Bill Ferm, Chair Gail Marshall, Vice-Chair Brian Hubbell

Bar Harbor: Paul Murphy, Bob Garland   Mount Desert: Laurel Robbins, Jeff Smith   Southwest Harbor: Skip Strong, Amy Young, Kristin Hutchins    Tremont: Amy Murphy,

Phil Worden, Scott Grierson   Cranberry Isles:  Ted Spurling

Others in attendance:  Rob Liebow, Nancy Thurlow, Selena Dunbar Scott McFarland,

George Peckham, Brian Reilly, Gary Friedmann, Glennon Friedmann, Shelly Friedmann,

Trudy Bickford, Julia Schloss, Ruth Eveland, Becky Buyers-Basso, Dick Broom, Rob Jordan,

Elsie Flemmings, Greg Veilleux, Patrick Smallidge, and other members of the community

Commencement of Meeting

Gail Marshall called the meeting to order at 7:02 p.m.

Review of Draft Minutes from 28 November 2007

Minutes were not reviewed.

Discussion: Commissioner of Education’s Rejection of MDI Plan

Gail Marshall, Brian Hubell, Paul Murphy and Rob Liebow will be meeting with Commissioner Gendron tomorrow in Hannah Pingree’s office. 

Brian Hubbell – It is plain that our plan was very specific and complete.  This marks a fixed point near the center of the debate that is beginning in the legislature regarding what changes to make to the law to increase the likeliness that this law will be effective and implemented.  We enjoy a particular position in relation to what is going on right now.  Our primary role in Augusta is not to negotiate, but to be there as part of the discussion between legislators and what can feasibly be finished. 

Paul Murphy – Has read all of Brian’s words and listened to the legislature.  Hears our plan being mentioned.  In addition to the Commissioner and Hannah Pingree, maybe Dennis Damon and Ted Koffman and perhaps Senator Peter Mills will be there.  He hopes the RPC wants the delegation heading to Augusta to stand firm with our plan.

Brian Hubbell – It is important for us not to move.

Paul Murphy – He has noticed that the language in some of the emails is less guarded among legislators than he would expect. 

Gail Marshall – In Senator Damon’s column last week he wrote about withdrawing his support for the school consolidation bill.  She assumes he is in the game with us although she hasn’t spoken with him directly.

She, Brian, Paul, and Rob spoke with Dick Spencer this morning.  He can’t be in Augusta tomorrow, but we won’t do anything without speaking with him first.  They had a long conversation about the necessity of having K-8 budgeting and financing remain local.  Brian was listening this afternoon and Dick Spencer was before the committee and beginning to lay the groundwork for these types of arguments which will be made on our behalf.  The bottom line is that there is still a lot to be done.  Nothing is going to happen unless we get it in writing upfront.

Paul Murphy – We are not going to revisit what happened in June or how we feel about the Commissioner’s behavior in this matter, especially regarding our plan.  We feel there was great clarity in our needs and she assured us that what we wanted to do, we could do.  Hannah Pingree’s response, to use words about the Governor’s appointee acting in bad faith, clearly shows that she felt there was great clarity at that meeting in June and the Commissioner understood.  He doesn’t see the utility in dragging that into tomorrow’s meeting.

Brian Hubbell – We have been very clear and very consistent with our plan. 

Bob Garland – Peter Mills is a key player.  Confused right now as to where he stands.  Sometimes pro-MDI but not sure of his support at all.

Gail Marshall – She is not assuming that he supports us.  It is politically important to have him at that table.  We are not buying his product.  Proceeding with caution.

Phil Worden – We represent a lot of viewpoints and towns.  If the entire board thinks it is up to the island, it ought to be unanimous that it be the island-wide community that decides.

Rob Jordan – Bar Harbor Town Council officially endorsed the RPC plan.  From Bar Harbor’s perspective, he reaffirms that they endorse it.

Gail Marshall – She read a letter from the Bar Harbor town council.  They voted unanimously to support the RPC. 

Scott Grierson – Be careful with this approach.  We don’t want to be seen as gung-ho with this approach.   This is the best you’re going to get with us.  It is time to look at publicly funded private schools.  If there was ever an area where it was appropriate, this is it.  He thinks we can have the same schools that we have now and thinks it’s an option we should look into.

Paul Murphy – No argument with that.  But he is a huge proponent of public schools.  He has said all along that it’s an option we should look into, but it would not be the work of this RPC.  Phil’s idea is a very good one.  He hopes we will have unanimous support from the RPC tonight.  Our plan was put together in good faith and with a lot of work it is a good plan if we are forced to act according to this law.  It would be our hope that you re-endorse our plan as written.  This endorsement and Mr. Spencer not being in room is double-edged sword.  It would be nice to have his perspective, but we can also say we’re not doing anything until we talk to our lawyers.

Brian Hubbell – What gives us clout is that we have options and we can play as well.  If we say we’re done, we have no influence.

Patrick Smallidge – You need to go back to the original intent of the law.  It’s not the idea that this plan is acceptable to every community that binds you together.  Keeping the local control is.  That is totally opposite of the law.  To separate the resident tax payer from the needs of the individual towns.  Go to Augusta and say if we can’t retain local control then repeal the law.  

Gail Marshall - This is the way the Commissioner is seeing it.  We clearly went through this with her.  Our position in this plan is local control of K-8 schools with respect the remaining portions.  She doesn’t think we’re going to get bogged down on that level.  The education committee is trying to figure out ways to fix problems that even they realize exist.  We are clear.  Our plan is what our communities need, want and deserve.

George Peckham – The Commissioner turned down Ellsworth, Trenton, Lamoine and us.  These are the areas we could possibly combine with.  

Gail Marshall – The headlines said 85% of the configurations were approved.  We were one of those approved.  The Commissioner said she is okay with us having a district that is essentially Union 98.  We could function as a school system within this plan.  This county is a hot spot for them.

Bob Garland – We undoubtedly need more discussion.

MOVED by Bob Garland and seconded by Phil Worden to adhere to the original plan and support the delegation going to Augusta tomorrow.

Gail Marshall asked if there was further discussion before voting.

Brian Reilly – He was glad when Paul Murphy said they were not going to Augusta to hash over old news.  No negotiations.  This is the best plan you’re going to get from us.  If you don’t take it we’re going to walk.

Jeff Smith – Which RSU is ours playing with if it comes into play?  Listening but not negotiating is a plan.  Take what we’re giving you, or we’re leaving you.  Final option could be losing state funding.  Nobody said let’s compromise.  People are willing to bear the financial burden. 

Gail Marshall – What we’re not negotiating about are the fundamental aspects.  K-8 and locally owned. 

Scott McFarland – This bill has a lot of minutia to it.  Bottom line is, it’s about local control.  You’re either for it or against.  Do you know if the majority of the legislature are for or against?

Brian Hubbell – They want 2/3 majority.  This is a pivot point (about the 2/3 part).  They are going to try to accomplish exactly as Patrick Smallidge defined.  Haven’t heard any fundamental objection to our plan.  They are concerned with what accepting our plan will open up.  We have a common contract.  Dividing funding for individual elementary schools.

Patrick Smallidge – Look at the law.  Withdrawing state funding for public education.  That’s part of the heart of that bill.  It may be that this bill has been made so onerous, so that way the state can withdraw funding and not make any cuts in programs.  We’re bucking the intent of the bill and I think we’re right to do so. 

Amy Young – Move the question. 

Phil Worden, Scott Grierson, and Ted Spurling were against moving the question.

Jeff Smith – Local ownership.  Why would the Commissioner make us come up with a plan that we know will be rejected by all four communities?  Pure physical ownership is the selling point to Dennis Damon or Hannah Pingree – nothing else will pass.  What choice do we have?

Phil Worden – It is important that we have a unanimous vote.  To state the obvious – it is so the delegation can go to Augusta with unanimous support.  Private schools or not, loss of funds or not, is not part of this motion.

Gail Marshall – Of the RPC members in attendance, is there anyone that has a concern?  Proceed to vote.

Motion passed unanimously.

Judy Sproule (representative from Trenton School Board and Union 92 RPC) – From our viewpoint (Trenton and Union 92), we are sitting back waiting.  There is just chaos now.  Seeing so many fragmented pieces and people trying to deal with this.  Groups are sitting back waiting because this plan is the one people will follow.  We’re done.  We’re going to have to wait and see what happens.  Working very hard for repeal.  If there is some common line, like the super-union, maybe there is some way. After you go to Augusta, it may make sense to put together a group of people to work towards consolidating and sharing expenses.  This needs to be outside 103A.  Concerned about factor that doesn’t affect us.  Common contract.  That could be solved in a super-union. 

Gail Marshall – The education committee is waking up in a scary way.  One of the members  on that committee asked for an explanation of what the school union organization structures are. 

Paul Murphy – Clearly scary that so many people on the education committee know so little about the structure.  Senator Mills is under the misconception that per student funding was intrinsic to the union structure.  He is dead set against per pupil funding.  The Governor and Department of Education will fight tooth and nail from letting the union structure survive.  Interested in trying to make our plan work.  Clear that revision is not going to happen without Dennis Damon and Hannah Pingree’s support.  That’s what gives our plan some legs.  This may not be a bed of roses if we decide not to play.  Unclear what happens in July 2009 if we say no.

Rob Liebow – The law says you will be reorganized as non-complying.  You will have a board of directors that serves yourself.  Basically just a different name plate on the door.  You are no longer a school board member, just an RSU member.  What happens to the high school that has the Private & Special Act?  You form an RSU or it gets extinguished. 

George Peckham – He read that if we go on our own we would lose ¾ million?  Is that true? 

Gail Marshall – We don’t get any subsidy other than special education for all schools in our Union.

Scott McFarland – Subsidy is special education subsidy only.

Geroge Peckham – If we go solo, are we obligated to fulfill state mandates?

Gail Marshall – Yes. 

Rob Jordan – The subsidy for special education is still not fully funded by the state as was originally intended.  Their commitment has never been fully funded since they enacted that mandate.

Gail Marshall – It is more than what we used to get.

Scott Grierson – If we go it alone there are two different options – non-conforming or private schools. Look at both options.  It is important that we look at both of those.  There might be an advantage to have private schools that we all support. 

Brian Hubbell – This could be an interesting discussion.  The best position is to leave it as a general option.

Jeff Smith – What percentage of special education is federal money?  Does the state have the authority to usurp funding of public schools?

Rob Liebow – The only money that is federal is local entitlement money.  It’s a different animal.

Becky Buyers-Basso - Would they only withhold state money not federal, that’s why it’s only half?

Patrick Smallidge – If we do say no, are you saying we still have to form an RSU?

Rob Liebow – Believes the law says, July 1, 2009 if you are non-complying you will be made an RSU. 

Patrick Smallidge – If towns say no, can the towns empower the local committees?  If we don’t agree, they spend the money some other way.  They are just making a case to repeal the law altogether.

Brian Hubbell – All other forms of school governance are repealed currently. 

Phil Worden – Rejection makes us move ahead.  Just wait and cross the bridge later.  Let’s not get panicked or stampeded into something we don’t want.

Scott Grierson – When it comes to politicians sticking their finger into the wind, Dennis Damon does it better than anyone else.  For him to backtrack, he must be seeing something in the wind.  If Hannah Pingree says she’s going to do something, she will. 

Gail Marshall – Some of us were very frustrated with Dennis Damon in the beginning, but he came to the blessing of the fleet in Bar Harbor.  He said he knew this was going to cost him dearly, but he could not support this bill unless we told me he could.  He is pivotal because of the numbers in the legislature.  He was already getting heat from other members.  He must feel a little burned with the rest of us.  You’ve done what you said you were going to do and it was supposed to be fine.

Paul Murphy – The consolidation bill is unpopular in this part of the state.  Not so in populated parts of the state.   Those lobbying for change are rural, eastern Maine, and some of Aroostook county.  They are not from Bangor, Lewiston, or Portland, except for some minor issues.  In terms of what cuts us to the quick, it doesn’t elsewhere.  Not so unpopular where it matters.

Jeff Smith – Large population centers just don’t care.  It is very clear that if we do not succeed, it’s just absolute apathy.  Nothing can make them care. 

Kristin Hutchins – She has talked to selectmen in other parts of the state.  Some see this law as a way to get what they need. 

Gail Marshall – We have never advocated that nobody can benefit from consolidation, it is just the one size fits all approach that has made this so inappropriate.

Jeff Smith – What are we going to do next?

Gail Marshall – We can schedule a meeting for two weeks from tonight.  We will transmit info by email.  Legislative session is not over until April.

Brian Hubbell – Intense work sessions in the education committee this week and next.  A lot going on and then probably a lull and public session in February. 

Gail Marshall – Set meeting for two weeks, ongoing work with respect to work with commissioner.  Get through this process before we need to get working on other issues.

Next meeting:  Wednesday, January 23

Gail Marshall publicly thanked Brian Hubbell for keeping everyone informed of all that is going on in Augusta and for all the work he has done for this RPC.

MOVED by Skip Strong, seconded by Amy Murphy and unanimously agreed to adjourn the meeting at 8:07 p.m.

Respectfully submitted,

Selena Dunbar,

Recording Secretary