MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES CALDWELL SCHOOL DISTRICT NO. 132 November 10, 2008

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1 These Minutes have been approved by the Board of Trustees and are the official record relating to the conduct or administration of the School District s business as reflected herein. MINUTES OF A REGULAR MEETING BOARD OF TRUSTEES CALDWELL SCHOOL DISTRICT NO. 132 November 10, 2008 Madame Chairman Amy Rojas called the meeting to order at 5:00 p.m. Those Present: Leif Skyving, LeAnn Simmons, Richard Roberge, Eric Herringer, Jennifer Swindell, Paul Alderson, William Gigray, Kevin Smith, Jonathan Cline, Lisa Thompson, Gloria Betancourt, Randy Schrader, Mayda León, Superintendent Roger Quarles WORK SESSION: a. Eide Bailly Audit Financial Highlights: The District Strategic Plan identified as a goal that district facilities support optimal learning opportunities for all students. This includes creating equity in all facilities. The District is continuing to focus resources in the repair & upgrade of buildings & the equality of rounds care. On October 27, 2007, Caldwell citizens passed a $30,000,000 General Obligation Bond. The purpose of this bond is to (1) replace Van Buren Elementary School & Washington Elementary Schools, (2) to remodel the old Van Buren building to accommodate the growth of Canyon Springs High School, and (3) to upgrade the remaining school buildings in order to provide high quality learning environments for all students as well as energy usage savings to the District. As of June 30, 2008 the District s energy project was well underway, completed in late August The 2 new elementary schools broke ground in October As a result of changes to the economy in the Treasure Valley & nationally, growth in student enrollment slowed for Enrollment in is expected to grow by approximately 1.5% The District carefully monitors expenditures, as well as its revenues from the State of Idaho, with the intention of maintaining its well-rounded educational programs for its students during the current economic situation. b. Eric Herringer Bonds Goals of Financing Plan Sell the remaining portion of the $30 million General Obligation bond authorization without increasing the bond tax rate above the current (FY 08) rate of (or $2.72 per $1,000 of taxable value). Remaining authorization of approximately $6.2 million. November 19, 2008 a Special Board meeting will be held to sell the remaining Bonds. c. Bill Gigray Resolutions Bill Gigray explained the resolutions that would be brought before the Board during the regular Board Meeting. Resolution No Cross Licensed Use and Exclusive Option Agreement the second Resolution No Eminent Domain. This will begin the process of obtaining the property rights needed to proceed with the construction of the new Washington Elementary School. d. Jennifer Swindell Web Page Jennifer Swindell spoke about the Caldwell School Districts web page. She demonstrated how many hits the web page has received. She illustrated on how many people are looking at each article in the web page. She talked about the importance of having new people start looking at the web page to receive information. Nothing goes unnoticed even the small things. No action was taken at this session as it was a working session. Madame Chairman Amy Rojas called the meeting to order at 7:00 p.m. Those present: Leif Skyving Trustee Richard Roberge Trustee LeAnn Simmons. Trustee Those absent: Jackie Hopper. Trustee Also present were: Ruy Gonzalez, Andrew Tripp, Rico Paz, Casey Collar, Samantha Wood, Kayle Roberts, Rose Rivas, Anthony McNary, Josh Castañeda, Maria Isabel Rodriguez, Luis Perez, Leticia Garza, Kamille Hogg, Mandie Smallwood, Karissa Schaumburg, Scott Arbor, Maryann Hurles, Kayla Dean, Sheree Plumb, 1 - Board Meeting Minutes

2 Chad Telecky, Ila Cockrum, Jonathan Cline, Randy Schrader, Jennifer Swindell, Gloria Betancourt, and Mayda León. A motion was made by Trustee L. Simmons and seconded by Trustee R. Roberge to amend the agenda to add to Regular Agenda #23 to accept and approve the 2008 Audit Report. Motion carried. SPECIAL REPORTS 1. Board Report: Trustee R. Roberge reported on the Canyon Springs High School Career Day. The day was for the students to be trained on how to get a job. Trustee R. Roberge and the Manager of Albertson s Food Store spoke to the students. Trustee R. Roberge was impressed by the students and the faculty. It was encouraging to see students wanting to get a job. Trustee R. Roberge stated a concern in regards to the Canyon Spring High School moving to a bigger facility. With additional students added in the future, will mean larger classrooms and currently this is one unique connection between students and teachers that won t be there. 2. CEA Report: No Report 3. Superintendent Report: Superintendent Roger Quarles: The Energy Efficiency Program has been completed throughout the Caldwell School District. The District has received over $300,000 from the Idaho Power incentive dollars. The Caldwell School District was given an award by the Better Bricks Group for the new school buildings being built. These buildings are LEED energy efficient, the first in Idaho. The Northwest Regional Laboratory wrote an article on Response to Intervention (RtI) in Idaho they highlighted Caldwell School District. State Superintendent Luna visited Lincoln Elementary and kicked off Pennies for Lincoln campaign. The event was part of the Idaho Abraham Lincoln Bicentennial Commission s efforts to create more opportunities for Idaho students to learn about the 16 th President and to move the Lincoln monument in Idaho to a more prominent place near the Idaho Statehouse in Boise. Olympic gold medalist Kristen Armstrong came to Lincoln Elementary during Red Ribbon week and gave an inspirational speech to the students. Students and staff enjoyed her inspirational speech. Parent-Teachers conferences were a big success. The schools had excellent turn out of parents. The Information Technology Center recently purchased 200 computers to replace or upgrade old systems. They have been working very hard on getting this equipment out to all buildings so that the new school management system software can run smoothly. Our student enrollment has declined over the last ten months. The projected student enrollment average daily attendance in the past has been approximately 6,359 students. The first official reporting day was last Friday and we have about 6,150 students attending. The ELL student count is down 300 students from last year. This could be for many reasons one of the reasons might be the current economic climate in the Treasure Valley. Our budget was set to generate 314 support units of revenue and all preliminary indicators are pointing to 311 units. The difference for these three units is approximately $270,000. Lisa, Randy, Jonathan and I are working with building administrators to reduce our projected expenditures by this same amount. Class size consideration will be taken into consideration when moving Canyon Springs High School to its new location at the old Van Buren Elementary site. CONSENT AGENDA A motion was made by Trustee L. Simmons and seconded by Trustee R. Roberge to approve the consent agenda. Motion carried and the following items were approved. 4. Regular Board Meeting Minutes: October 13, Regular Bills: October 09, 2008 through November 06, Treasurer s Report: September 30, Financial Statement: October 31, Board Meeting Minutes

3 8. Enrollment & Attendance: October 31, Caldwell High School Shakespeare Field trip Request: Approve field trip request for April 30 th through Ma 3 rd to the ninth annual pilgrimage of Caldwell High School students to Ashland, Oregon, and it s Shakespeare Festival. Students who attended the festival last year began asking in August about a trip this school year, a sure sign of the trip s success. Mrs. Soule and Brett Fowler will sponsor the drama and other students interested in attending the Festival. The group will attend three plays: Shakespeare s Macbeth, Goldoni s The servant of Two Masters, Ruhl s Dead Man s Cell Phone. A backstage may also be on the docket. 10. Declare Habitual Truancy: Caldwell High School: F. Ayala, J. Phillips, S. Cabrera, S. Ayala, and A. Aldrich Syringa Middle School: T. Kitchen and M. Pizano 11. Approve Classified Personnel: Cesareo Alcaraz, Night Custodian at Van Buren Elementary School Elaine Spencer, Special Education Educational Assistant at Sacajawea Elementary School Tami Moore, Special Education Educational Assistant at Lewis & Clark Elementary Macia Rios, Extended Resource Educational Assistant at Lewis & Clark Elementary Chris Russie, Speech and Language Pathologist Assistant at Lewis & Clark Louise Seeley, Educational Assistant at Syringa Middle School 12. Approve Transfers: Julie Frans, Food Service Cook to Van Buren Elementary Jennifer Winslow, Food Service Cook to Lewis & Clark Elementary Christina M. Burch, Math Teacher to Caldwell High School 13. Approve Additional Class: Tina Watkins, One Additional Period at Caldwell High School 14. Approve Temporary Assignments: Natalie Billquist, IRI Intervention Teacher at Van Buren Elementary School Patty Arias, Translator at Van Buren Elementary School Pablo Cabrera, Translator at Van Buren Elementary School Alicia Izaguirre, Translator at Van Buren Elementary School David Peña, Translator at Van Buren Elementary School Rosa Toledo, Translator at Van Buren Elementary School Diana Valdez, Translator at Van Buren Elementary School Maria A. Gutierrez, Translator at Wilson Elementary School Corina (Elaine) Flores, Translator Wilson Elementary School Divina Lopez, Translator at Wilson Elementary School Delores Madrigal, Translator at Wilson Elementary School Sabrina Rios, Translator at Wilson Elementary School Patricia Diaz, Translator at Wilson Elementary School Yolanda Espinosa, Translator at Wilson Elementary School Leticia Garzon, Translator at Lewis & Clark Elementary School Toby Gonzales, Translator at Lewis & Clark Elementary School Maria Magaña, Translator at Lewis & Clark Elementary School Karina Mejia, Translator at Lewis & Clark Elementary School Evelin Ordoñez, Translator at Lewis & Clark Elementary School Vanessa Zamora, Translator at Lewis & Clark Elementary School Shani Cummins, Proctor PSAT Tests at Caldwell High School Amanda Farner, Proctor PSAT Tests at Caldwell High School Amy Winters, Proctor PSAT Tests at Caldwell High School Diego Robles, 21 st Century Educational Assistant at Syringa Middle School 15. Approve Coaching Assignments: Aaron Vasquez, Assistant Wrestling Coach at Syringa Middle School Erin Howard, Head 9 th Grade Softball Coach at Caldwell High School David Renteria, Sophomore Girls Basketball Coach at Caldwell High School Erick Valenzuela Assistant Freshman Football Coach at Caldwell High School 3 - Board Meeting Minutes

4 16. Accept Letters of Resignation: David Soriano, Night Custodian at Washington Elementary School Jim L. Witt, 6 th Grade Teacher at Syringa Middle School Rodolfo Vera, SIT Educational Assistant at Syringa Middle School Sara Valencia, ESL Educational Assistant at Syringa Middle School Scott Krametbauer, Math Teacher at Caldwell High School Kelly Bowden, Special Education Educational Assistant at Caldwell High School Ken Chapman, Head 9 th Grade Baseball Coach at Caldwell High School 17. Approve Provisional Authorization for Teacher Assignments: Holly Dovich, Special Education Teacher at Washington Elementary School Hui-Ru Choo, English as a Second Language Teacher at Jefferson Middle School Debra Guinn, 7 th and 8 th Grade Consumer Science Teacher at Jefferson Middle School Andrea Haskett, 7 th Grade Math Teacher at Jefferson Middle School Krisene Kay Watson, Title I Reading Teacher at Jefferson Middle School Barbara Brooks, 6 th Grade Teacher at Syringa Middle School Jeremy Bailey, Spanish Teacher at Caldwell High School REGULAR AGENDA: 18. McKinstry: No Report 19. Approve Resolution No A motion to adopt the foregoing Resolution was made by Trustee R. Roberge and duly seconded by Trustee L. Skyving, put to a vote and carried, the vote being as follows: Roll call vote: Yes: Amy Rojas LeAnn Simmon Richard Roberge Leif Skyving Those voting No: Those abstaining: Those absent: Jacquelyn Hopper SCHOOL DISTRICT NO. 132 CANYON COUNTY, IDAHO RESOLUTION NO By: Mayda León A RESOLUTION OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 132, CANYON COUNTY, STATE OF IDAHO, SETTING FORTH FINDINGS AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF TRUSTEES TO EXECUTE AS THE AUTHORIZED AGENT OF TIDS SCHOOL DISTRICT THAT CERTAIN "REAL PROPERTY TRANSFER AND USE AGREEMENT" AND "WARRANTY DEED AND ACCEPTANCE" BY AND BETWEEN TIDS SCHOOL DISTRICT AND THE CALDWELL EAST URBAN RENEWAL AGENCY AND THAT CERTAIN "CROSS LICENSED USE AND EXCLUSIVE OPTION AGREEMENT" BETWEEN TIDS SCHOOL DISTRICT AND THE CITY OF CALDWELL; DIRECTING THE CLERK OF THE BOARD; AND PROVIDING AN EFFECTIVE DATE. Section 1: Findings 1.1 The Caldwell East Urban Renewal Agency as Grantor and the School District No. 132 as Grantee have entered into negotiations for the transfer approximately ten (10) acres of Real Property in Canyon County in accordance with the terms and conditions of the "Real Property Transfer and Use Agreement," a true and correct copy of which is attached hereto and marked "Exhibit A," and the "Warranty Deed and Acceptance," a true and copy of which is attached hereto and marked "Exhibit B;" and 4 - Board Meeting Minutes

5 1.2 The School District desires to construct, operate and maintain upon the Real Property an elementary school, which will have open space and playground improvements and a parking lot, and the City of Caldwell desires to construct and maintain upon its neighboring Real Property a public park; and 1.3 The "Real Property Transfer and Use Agreement," provides and requires the School District to enter into a Cross License Agreement as a condition of the transfer by the Urban Renewal Agency of the School District Real Property; and 1.4 The School District and the City find it in their mutual best interests in conjunction with their respective ownerships and development of the intended improvements to provide for cross licensed use of their respective real properties to facilitate compatible recreational uses and to grant a license to each other subject to the terms and conditions and to provide for mutual exclusive option to purchase as set forth in the "Cross Licensed Use and Exclusive Option Agreement" a true and correct copy of which is attached here to and marked "Exhibit C," and 1.5 The authority and the reasons and considerations for this School District to enter into said agreements are set forth in Section 2 of the "Real Property Transfer and Use Agreement" and Section 2 of the "Cross Licensed Use and Exclusive Option Agreement." 1.6 It is necessary, in preparation for the closing of said Agreements, to authorize the Chairman of the Board of Trustees to execute any and all documents associated with said transfer of Real Property and closing in accordance with the terms of the Agreements. NOW, THEREFORE, based upon the above and foregoing findings and further based upon the authority of the Board of Trustees, BE IT RESOLVED by the Board of Trustees of School District No. 132, Canyon County, State of Idaho, as follows: Section 2: Action 2.1 The Chairman of the Board of Trustees is authorized to execute as the authorized agent of this School District that certain "Real Property Transfer and Use Agreement" by and between this School District and the Caldwell East Urban Renewal Agency, a copy of which is attached hereto marked "Exhibit A," subject to the terms and conditions stated therein, and to execute all ancillary documents if any are required in order to facilitate the School District's performance of its obligations under the "Real Property Transfer and Use Agreement;" and 2.2 The Chairman of the Board of Trustees is authorized to execute as the authorized agent of this School District that certain "Warranty Deed and Acceptance" by and between this School District and the Caldwell East Urban Renewal Agency, a copy of which is attached hereto marked "Exhibit B," subject to the authorized agent of the agency having du1y executed said agreement; and 2.3 The Chairman of the Board of Trustees is authorized to execute as the authorized agent of this School District that certain "Cross Licensed Use and Exclusive Option Agreement" by and between this School District and the City of Caldwell, a copy of which is attached hereto marked "Exhibit C," subject to the terms and conditions stated therein, and to execute all ancillary documents if any are required in order to facilitate the School District's performance of its obligations under the "Cross Licensed Use and Exclusive Option Agreement." Section 3: Directing the Clerk of the Board The Clerk of the Board of the School District is directed to certify this resolution to the Caldwell East Urban Renewal Agency and to the City of Caldwell for the School District. Section 4: Effective Date 4.1 This resolution shall be in full force and effect on October 10, 2008 or the date of the Closing, whichever is first. PASSED BY THE BOARD OF TRUSTEES of School District No. 132 this 10 th November of, day of 20. Approve Resolution No A motion to adopt the foregoing Resolution was made by Trustee R. Roberge, and duly seconded by Trustee L. Simmons, put to a vote and carried, the vote being as follows: Roll Call Vote: Yes: Amy Rojas LeAnn Simmon Richard Roberge 5 - Board Meeting Minutes Leif Skyving

6 Those voting No: Those abstaining: Those absent: Jacquelyn Hopper 6 - Board Meeting Minutes SCHOOL DISTRICT NO. 132 CANYON COUNTY, IDAHO RESOLUTION NO BY: Mayda León A RESOLUTION OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 132, CANYON COUNTY, STATE OF IDAHO; MAKING CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE SUPERINTENDENT AND NECESSARY STAFF AND AGENTS OF THIS SCHOOL DISTRICT TO EXERCISE THE SCHOOL DISTRICT S RIGHT OF EMINENT DOMAIN FOR PUBLIC HIGHWAY RIGHT OF WAY AND UTILITY FOR THE PURPOSE OF CONSTRUCTION AND OCCUPANCY OF A PUBLIC BUILDING THE NEW WASHINGTON ELEMENTRY SCHOOL IN ACCORDANCE WITH THE REQUIRMENTS OF THE DEVELOPMENT AGREEMENT WITH THE CITY OF CALDWELL; AND AUTHORIZING ANY AND ALL NECESSARY ACTIONS REALATED THERETO AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 132, CANYON COUNTY, STATE OF IDAHO: Section 1 - Findings: WHEREAS: The School District No. 132, Canyon County, State of Idaho has successfully conducted a bond election which has authorized bonded indebtedness for the purpose of the construction among other schools, a new Washington Elementary School, which School has been designed and intended to be placed upon certain real property owned by the School District which is located within the southern most parcel of the real property owned by the School District currently in use in association with the Syringa Middle School and which real property is located to the west of Montana Avenue and to the north of Spruce Street, but which real property is not served by any existing improved highways and/or streets and is not currently improved and is hereinafter in this Resolution referred to as the Washington Elementary School Site ; and WHEREAS: L&M Associates, LLC owns unimproved real property adjacent to the Washington Elementary School Site on the east and south which it intends to develop as a residential subdivision; and WHEREAS: L&M Associates, LLC has caused a preliminary plat to be prepared for its properties and which plat includes portions of the Washington Elementary School Site in order to facilitate needed public utility and roads and streets access to the residential subdivision and the Washington Elementary School Site and which preliminary plat is Identified as Preliminary Plat for Spruce Crossing Subdivision Lot Dimensions/Survey Info. and Surface Features/Utilities-A dated Landmark Engineering & Planning, Inc. - Stamped Greg Anderson Professional Engineer No ; and WHEREAS: This School District has entered into negotiations and agreements with L&M Associates, LLC to facilitate the development of L&M Associates, LLC s residential subdivision and the School District s new Washington Elementary School; and WHEREAS: The agreements which the School District has entered into with L&M Associates, LLC in order to facilitate the construction, occupancy, and use of the new Washington Elementary School includes the Real Property Exchange Agreement by and between the School District and L&M Associates, LLC, an Idaho Limited Liability Company to exchange certain real property of equal value as stated there in order to provide for public road access to the residential subdivision and the Washington Elementary School Site; and WHEREAS: In order to develop the Washington Elementary School Site and to obtain public utilities and to meet the requirements of Idaho Code (3) [which provides that school sites shall be located within the incorporated limits of any city within the District], the School District and L&M Associates, LLC have had to annex their properties into the City of Caldwell and as a condition of the annexation and zoning of the Washington Elementary School Site and the L&M Associates, LLC property, the City has required this School District, L&M Associates, LLC, and Dixie Properties, LLC to enter into a Development Agreement with the City of Caldwell which is recorded as Instrument No records of the Canyon County Recorder; and

7 WHEREAS: The School District Board of Trustees has the authority pursuant to Idaho Code (6) to convey rights-of-way and easements for highway, public utility and other purposes over, upon or across any school property. WHEREAS: The Development Agreement with the City of Caldwell has certain terms and conditions required of the School District and of L&M Associates, LLC to be met as a condition of approved use and development of Washington Elementary School Site and the L&M Associates, LLC property and in that regard as it relates to the School District those provisions and requirements include the following: The provisions of this Section are modified in part in the event the School District develops the School District Real Property prior to the Developers/Owners/Applicants developing the L&M Real Property and in such event the School District shall be required to: Construct curb, gutter, sidewalk sub-base and asphalt paving, storm drainage facilities [which retain storm drainage from the School District Real Property within the School District Real Property] and street lights which are adjacent and to the east of the School District Real Property on Washington Avenue at the locations depicted on the approved preliminary plat for Spruce Crossing Subdivision; and Construct Washington Avenue with a 33 asphalt surface starting adjacent to the School District Real Property to the intersection of Washington Avenue and Spruce Street; and Construct the northern side of Alder Street with a temporary 24 asphalt surface along with a 5 temporary asphalt pathway adjacent to the asphalt surfaced Alder Street Install a water main connecting to the City water main at Montana and Alder Street thence west along Alder Street to the intersection of Alder Street and Mountain Lake Street thence within Mountain Lake Street to Washington Avenue thence down Washington Avenue as depicted in the approved preliminary plat for Spruce Crossing Subdivision and thence looping the water main in connection to the existing City water main in Washington Avenue south of the School District Real Property. The water main as installed within Mountain Lake Street shall be covered by an all surface material in compliance with City standards Right-of-way dedication, by Developers/Owners/Applicants and the School District of their respective real property, of Washington Avenue and Alder Street as depicted within the Spruce Crossing Subdivision preliminary plat shall first take place by grant and conveyance of public rightof-way easement and the School District and Developers/Owners/Applicants shall dedicate their respective real property ownership of Washington Avenue and Alder Street to the City as part of the Final Plat approval Developers/Owners/Applicants shall grant and convey to the City an easement for public water main 20 in width within Mountain Lake Street as depicted in the approved preliminary plat for Spruce Crossing Subdivision Sidewalk, curb and gutter that runs west to east from the new Washington Elementary School to Montana Avenue along Adler Street alignment shall be installed upon development of Phase 1 of the Spruce Crossing Subdivision. However, upon development by the School District of the new Washington School on the School District Real Property a portion of the Alder Street alignment that runs west to east from the new Washington Elementary School to Montana Avenue shall be paved (said paving section to meet City standards minus sidewalk, curb and gutter) and constructed in conjunction with construction of said new school Sidewalk, curb and gutter that runs north to south from the south boundary of the new Washington Elementary School along Washington Avenue shall be installed upon development of the applicable phase of Spruce Crossing Subdivision. However, upon construction of the new Washington Elementary School the portion of the Washington Avenue alignment that runs north to south from the south boundary of said new school shall be paved (said paving section to meet City standards minus sidewalk, curb and gutter) and constructed in conjunction with construction of said new school. The entire portion of the school s actual street frontage, however, along Washington Avenue shall be constructed with sidewalk, curb and gutter and paving (as per City standards for street frontage improvements) and shall be constructed in conjunction with construction of said new school, except that curb, gutter and sidewalk shall not be extended to the furthest northern point but shall end at the north side of the Alder Street Alignment. WHEREAS: The School District is and has been prepared to construct the New Washington Elementary School and to comply with the terms and conditions of the Development Agreement and on or about August 22, 2008, the School District made demand upon L&M Associates, LLC to complete conditions of the Real Estate Exchange Agreement and to clear title and establish a closing date; and WHEREAS: L&M Associates, LLC, due to the economic conditions affecting residential development, has reported that it is unable at this time to clear the liens upon its real properties which are the subject of the Real Property Exchange Agreement and the Development Agreement, 7 - Board Meeting Minutes

8 which affect the ability of the School District to construct Washington Street, Alder Street and to effect the conveyance to the City of Caldwell of the needed water main easement within Mountain Lake Street; and WHEREAS: Without the closing of the Real Property Exchange Agreement and without the dedication of L&M Associates Real Property within the Washington Street alignment as depicted in the Preliminary Plat and the dedication of Alder Street and the dedication of the Water main easement to the City of Caldwell within Mountain Lake Street, the School District will be unable to construct, and then occupy Washington Elementary School; and WHEREAS: School District No. 132, Canyon County, State of Idaho has the authority to exercise the right of eminent domain pursuant to Idaho Code (8) which provides: (8) To exercise the right of eminent domain under the provisions of Chapter 7, Title 7, Idaho Code, for any of the uses and purposes provided in section 7-701, Idaho Code. WHEREAS: The powers of eminent domain as provided in Idaho Code include the following: USES FOR WHICH AUTHORIZED. Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:. 2. Public buildings and grounds for the use of any school district; roads, streets, alleys, and all other public uses. WHEREAS: The Board of Trustees finds that it is necessary to proceed with an eminent domain action against all owners and claimants of the L&M Associates, LLC real property which is within the proposed Washington Street, Alder Street and the easement for public water main 20 in width within Mountain Lake Street all as depicted in the L&M Associates, LLC preliminary Plat. WHEREAS: In the process of preparing the School District site for construction and in the process of analysis of the legal descriptions of the L&M Associates real properties and the School District s, Landmark Engineering surveyor Fritz Brownell has determined there is a gap in the respective legal descriptions which commences on the east at Montana which is.77 of a feet in width and which gap gradually gets wider to the western boundary of the School District Real Property where it is 7.9 feet in width. School District s site plan for Washington Elementary School includes the real property with this gap on the western side. The gap in the legal descriptions also posses a logistical problem in the dedication of Washington Street which the gap traverses and to a lesser degree exists on the Montana Ave. WHEREAS: The Board of Trustees finds that it is necessary to proceed with a quiet title action to resolve the gap in the legal descriptions. NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING DECLARATIONS AND FINDINGS AND AUTHORITY OF THE BOARD OF TRUSTEES, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 132, CANYON COUNTY, STATE OF IDAHO, as follows: 1. That the Superintendent is hereby directed and authorized together with the School District s Attorney to file an eminent domain action in and on behalf of School District No. 132, Canyon County, State of Idaho as plaintiff against all owners and claimants involving the below described real property and to condemn the following for the public uses as public roads and streets and water main facilitating the public elementary school use by the School District as follows: All portions of Washington Street, Alder St. and the easement for public water main 20 in width within Mountain Lake Street as depicted upon the preliminary plat for Preliminary Plat for Spruce Crossing Subdivision Lot Dimensions/Survey Info. And Surface Features/Utilities-A dated Landmark Engineering & Planning, Inc. Stamped Greg Anderson Professional Engineer No and any ancillary and supporting documents of said engineers that provide the legal descriptions for said streets and easement for public water main. 2. That the Superintendent is hereby directed and authorized together with the School District s Attorney to file a quiet title action against and on behalf of School District No. 132, Canyon County, State of Idaho as plaintiff against all owners and claimants of the gap real property above referenced. 3. The Superintendent is authorized and directed to obtain all necessary title company litigation guarantees and legal surveys and any other actions necessary and required by law in order to proceed with the eminent domain action and the quiet title action herein authorized. APPROVED BY the Board of Trustees on this 10 th day of November, Approve Resolution No A motion was made by Trustee R. Roberge and seconded by Trustee L. Skyving to table for further discussion of Resolution No at a later meeting. Motion carried. 8 - Board Meeting Minutes

9 22. Approve Revised Caldwell School District Calendar: SY & SY A motion was made by Trustee L. Simmons and seconded by Trustee R. Roberge to approve revised Caldwell School District Calendar for the school year and school year. Motion carried. 23. Accept & Approve Audit for School Year 2008 A motion was made by Trustee L. Skyving and seconded by Trustee L. Simmons to accept and approve the 2008 audit report as provided and reported by L. Thompson. Motion carried. Policy Development/Adoptions: 24. A motion was made by Trustee R. Roberge and seconded by Trustee L. Simmons to adopt Board Policy #102 Caldwell School District Strategic Plan and rescind Board Policy #102 Caldwell School District Philosophy and Board Policy #103 Caldwell School District Objectives. Motion carried. 25. A motion was made by Trustee R. Roberge and seconded by Trustee L. Simmons to adopt Board Policy #490 Employee Use of Electronic Communications and Entertainment Devices. Motion carried. Executive Session: A motion was made by Trustee L. Simmons and seconded by Trustee R. Roberge to enter into Executive Session for the purpose of discussing personnel issues. Motion carried and at 8:05 p.m. entered into Executive Session. REGULAR SESSION: A motion was made by Trustee L. Simmons and seconded by Trustee R. Roberge to return to Regular Session. Motion carried and at 8:20 p.m. returned to Regular Session. ADJOURNMENT: Madame Chairman Amy Rojas requested for any further discussion, hearing none adjourned the meeting. The meeting adjourned at 8:22 p.m. Respectfully Submitted, ATTEST: Amy Rojas, Madame Chairman Mayda León, Clerk grb 9 - Board Meeting Minutes