THE PUBLIC SCHOOLS METUCHEN, NEW JERSEY. Agenda. Business Meeting

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1 THE PUBLIC SCHOOLS METUCHEN, NEW JERSEY Agenda Business Meeting of the Metuchen Board of Education Metuchen High School Cafeteria 400 Grove Avenue Tuesday, May 22, 2007 VI. Meeting Open to the Public VII. Reading and Approval of Minutes Move approval of the minutes of the following meetings: February 6, 2007 Business Meeting VIII. Correspondence April 23, 2007 State of NJ, Department of Education Memo from Barbara Gantwerk, Assistant Commissioner, Division of Student Services Harassment, Intimidation, and Bullying Policies IX. Reports Board President Superintendent Business Administrator/Board Secretary X. Meeting Open to the Public State of NJ, Department of Education Memo from Barbara Gantwerk, Assistant Commissioner, Division of Student Services Readoption with amendments to N.J.A.C. 6A:16, Programs to Support Student Development

2 XI. Recommendations of the Superintendent of Schools A. PERSONNEL 1. Resignation Certificated Staff Move acceptance of the resignation of Anne Henshaw as Math teacher at Edgar Middle School, effective June 30, Maternity/Child Care Leave Move to approve a maternity/child care leave for Stefeny Stofa- Krombholtz, effective September 1, 2007 through November 12, Extension of Child Care Leave of Absence Move to approve an extension of a child care leave of absence for Nicola Gilbert, 5 th grade teacher at Edger Middle School, from September 1, 2007 through June 30, Change in Assignment Certificated Staff Move to approve a change in assignment for Nicholas Zaneto from Athletic Trainer to Health and Physical Education teacher for the school year, salary status 2-E S46,066 (including CEUs). Salary to be adjusted upon settlement of agreement with the Metuchen Education Association. 5. Appointment Non-Certificated Staff Move to approve Mark Cooper as a custodian for the school year, Effective May 23, 2007 at an annual salary of $24,500, prorated. 6. Summer Work Child Study Team Move to approve the following assignments for members of the Child Study Team: Name Position Per Diem # of Days Total Rate Lisa Dacey Psychologist $ $4,044 Pat Broadbent Learning $ $4,692 Consultant Joanne Deibert Learning $ $4,656 Consultant Christine Cuthbertson Learning $ $3,672 Consultant Janet Irenski Learning $ $4,716 Consultant Christina Bettinger Social Worker $ $2,760 2

3 Evette Collier Social Worker $ $4800 Michele Riles Coordinator ICS $ $4,920 TOTAL $37, In-district Extended School year MIPP Move to approve the following as staff for the MIPP Extended School Year Program: Name Position /Program Per Diem Per Hour # of # of Total Hours Days Michele Stoll Teacher $ $11,310 MIPP Donna Huntress Para-Professional $ $1,878 MIPP TOTAL $14, In-district Extended School Year K-12 Teachers Move to approve the following as teaching staff for the k-12 Extended School Year Program: Name Program Per # of Total Diem Days Lauren Rosen ESY $ $6,420 Elementary Marcie Stoner ESY Math $ $1,853 ½ day Stephanie Burrows ESY $ $6,420 Elementary Julie Broyles ESY $ $7,140 Elementary Marilyn Lewis ESY $ $4,556 Secondary/ Reading Maureen Kazelesky ESY Nurse $11,700 TOTAL $38, In-district Extended School Year K-12 Paraprofessionals Move to approve the following as paraprofessional staff for the K-12 Extended School Year Program: 3

4 Name Program Per Diem Debbie Gold Para-Professional ESY Kathleen Para-Professional Aquadro ESY Per Hour # of Hours # of Days Total $ $1,590 $ $1,614 MaryJo Paulman Para-Professional ESY $ $1,434 Judy Kurabinski Substitute Caller $ $1,350 TOTAL $9, In-district Extended School Year Related Services Move to approve the following as providers of related services for the Extended School Year Program: Name Program Per Per # of # of Total Diem Hour Hours Days Anne Cahl ESY $88 48 $4,224 O.T. Maria ESY $70 28 $1,960 Kantilierakis P.T. Rosalie ESY $ days $4,704 Abrams Speech Laurie ESY $ days $5,805 Walker Speech TOTAL $16, Endorsement County Substitute Certification Move the endorsement of the application for County Substitute Certification for the following: Matthew Millar, and Todd Ryder. 12. Substitute Teachers Move to approve the following persons at substitute teachers for the school year: Matthew Millar, Farhana Omarzai, and Todd Ryder. B. FINANCE 1. Treasurer of School Monies and Board Secretary s Reports Move approval of the Treasurer of School Monies Reports, Board Secretary s Reports as of February 28, 2007, and March 31,

5 2. Payment of Bills a) Board Secretary s Certification Pursuant to N.J.A.C. 6:20-2A.10(d), the Board Secretary has certified that as of May 22, 2007 no budgetary line item accounts have obligations and payments which exceed the amount appropriated by the Board of Education. Michael A. Harvier, Board Secretary Date b) Approve the Following Items Submitted by the Board Secretary Payment of bills and claims, as shown on the attached list(s) that have been certified by the Board Secretary and filed in the Business Office. 3. Agreement with Paraprofessionals NOW, THEREFORE, BE IT RESOLVED that, upon the recommendation of the Board of Education s Negotiations Committee, the Board of Education approve the Memorandum of Agreement between the Board of Education and the Metuchen Paraprofessionals Association ( MPA ) for the period from, retroactively, July 1, 2006 through June 30, 2009, in the form previously submitted. The Board President and the Business Administrator/Board Secretary as the attesting witness are hereby authorized and directed to sign a collective negotiations agreement incorporating the terms of the Memorandum of Agreement. This resolution is effective only upon the receipt of written confirmation from the MPA evidencing that the MPA s members have ratified the terms of the Memorandum of Agreement without any changes, additions, deletions or modifications thereto. 4. Out-of District Summer Placements Move to approve the following extended school year out-of district placements: Student ID# Program/School Tuition Academy Learning Center $ 6, Academy Learning Center 6, Bright Beginnings 5, Bright Beginnings 5, Bright Beginnings 5,460 5

6 30010 Project Heart 1, Project Heart 1, Collier-Project ECO 3, Collier-Project ECO 3, Eden Institute 13, High Road Lower School 5, High Road Lower School 5, JFK Rehabilitation Institute 6, JFK Rehabilitation Institute 6, Lakeview School 10, Lakeview School 10, Matheny School 16, Midland School 6, Midland School 6, Montcalm School 13, Piscataway Regional Day 5, Piscataway Regional Day 5, Piscataway Regional Day 5, Search Day School 9, Somerset Hills Learning Center $12, Spring Run School 6, Stepping Stones 3, Stepping Stones 3,100 6

7 30170 Village School 5,938 TOTAL $196, Change Orders Move to approve the following change order: Change Order 007 Installation of two-piece ringlet flashing on roof $18, Provide type A light fixtures in cafeteria $13, Installation of dampers on existing blower fans $12, TOTAL $44,200,59 6. RESOLUTION TRAVEL Move approval for: a) Board of Education member Benjamin Small to attend new Board Member Training at a cost not to exceed $450; and b) Purchasing Coordinator Tracey Wyzkowski to attend a purchasing conference at a cost not to exceed $ RESOLUTION RESOLUTION OF THE BOARD OF EDUCATION OF THE BOROUGH OF METUCHEN IN THE COUNTY OF MIDDLESEX, NEW JERSEY ENDORSING APPROVAL OF THE CONCEPT OF THE LEASE PURCHASE FINANCING OF ROOF IMPROVEMENTS AT CAMPBELL ELEMENTRAY SCHOOL AND EDGAR ELEMENTRAY SCHOOL, RATIFYING PUBLICATION OF THE NOTICES OF PUBLIC HEARING AND REQUEST FOR BIDS FOR SELECTION OF A LESSOR AND INVESTOR IN CONNECTION WITH THE TRANSACTION, AUTHORIZING APPLICATION TO THE COMMISSIONER OF EDUCATION FOR APPROVAL OF THE PROPOSED LEASE PURCHASE AGREEMENT, APPROVING THE FINANCING PROPOSAL SUBMITTED BY ALL POINTS CAPITAL CORP. CONTINGENT UPON RECEIVING APPROVAL OF THE COMMISSIONER OF EDUCATION OF THE PROPOSED LEASE PURCHASE AGREEMENT, AUTHORIZING CERTAIN OFFICIALS TO EXECUTE SUCH AGREEMENT AND RELATED DOCUMENTS AND AUTHORIZING OTHER ACTIONS NECESSARY TO ACCOMPLISH THE TRANSACTION. 7

8 WHEREAS, The Board of Education of the Borough of Metuchen in the County of Middlesex, New Jersey (the "Board") has determined that it is necessary to undertake the major repair or replacement of portions of the roof at Campbell Elementary School and Edgar Elementary School including all incidental work (the Project ) through a lease purchase transaction; and WHEREAS, the Board has determined to pursue the lease purchase financing method in accordance with N.J.S.A. 18A:20-4.2(f) and the regulations promulgated thereunder consisting of N.J.A.C. 6A: et seq. (the Regulations ) to finance the Project; and WHEREAS, the Board held a public hearing with respect to the proposed method of financing for the Project on May 22, 2007 after duly publishing a notice in accordance with the requirements of the Regulations; and WHEREAS, the Board has selected The Apris Group, Ltd. to serve as financial advisor (the "Financial Advisor") and McManimon & Scotland, L.L.C., to serve as Special Counsel (the "Special Counsel") for the transaction contemplated herein (collectively, the "Professionals"); and WHEREAS, the Board hereby ratifies the publication of the notices of public hearing and request for the receipt of proposals and taking of bids for the selection of a lessor and investor to enter into a lease purchase agreement for the Project; and WHEREAS, financing bids were solicited on or about May 17, 2007 and returned on May 17, 2007; and WHEREAS, the bids established the criteria for awarding the bid to the lowest responsive and responsible bidder as well as establishing the index for the interest rate for the financing (the Bid Proposals ); and WHEREAS, of the financing bids submitted, All Points Capital Corp. submitted the lowest responsive and responsible bid, and the Board desires to award the bid for the Project financing subject to approval of the lease purchase agreement by the Commissioner of Education in accordance with the Regulations; and WHEREAS, the Board and the Lessor now intend to enter into a lease purchase agreement, a ground lease agreement and all such other agreements and documents as may be necessary to complete the transaction once the Board receives the required approval of the Commissioner of Education (collectively, the "Lease"); and 8

9 WHEREAS, the Board now wants to delegate to the President and the School Business Administrator/Board Secretary the ability to execute the lease purchase agreement and other related agreements and financing documents with All Points Capital Corp.as the lessor and purchaser of the lease purchase agreement (the "Lessor" and "Purchaser") upon the terms and the conditions set forth in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF THE BOROUGH OF METUCHEN IN THE COUNTY OF MIDDLESEX, NEW JERSEY AS FOLLOWS: Section 1. The Board hereby endorses the concept of the lease purchase financing of the proposed Project. Section 2. The Board hereby determines that the annual lease purchase principal and interest payments for the Project can be included within its net budget spending growth limitation and that such payments will not result in the need for approval by the voters of additional spending proposals to maintain existing instructional programs or extracurricular activities. Section 3. The Business Administrator/Board Secretary, together with the Superintendent, the Bond Counsel, the Board Auditor, the Board Financial Advisor and other appropriate representatives of the Board (together, the "School District Professionals") are hereby authorized to advertise and to solicit proposals for the selection of a lessor and investor and to take other appropriate steps necessary to prepare for the proposed lease purchase financing of the Project, and all such actions taken to date are hereby ratified. Section 4. The Business Administrator/Board Secretary, together with the other School District Professionals, are hereby authorized to make application on behalf of the Board to the Commissioner of Education for the approval of the proposed lease purchase agreement for the Project and related documents in accordance with the requirements of the Regulations. Section 5. The Board hereby approves the total projected maximum funding level of $850,000 to finance the Project. Section 6. The Board hereby awards the Lease to All Points Capital Corp. at an annual interest rate of 3.92 % per annum and in a principal amount not to exceed $850,000, 9

10 representing the principal portion of the rent payments under the Lease, contingent upon the approval of the lease purchase agreement by the Commissioner of Education. This award is being made in accordance with the Bid Proposal submitted by the Purchaser to the School Business Administrator/Board Secretary, on or about May 17, 2007, on file in his office. The Purchaser s interest rate will be held fixed for a period of 30 days from the date of the bid. If the closing does not occur within 30 days of the date of the bid, the interest rate will be calculated in accordance with the index rate set forth in the Bid Proposal. Section 7. The Board hereby authorizes the execution and the delivery of and the performance by the Board of its obligations under the Lease, which shall be substantially in the form on file with the School Business Administrator/Board Secretary, in accordance with the provisions of this resolution. The Board hereby authorizes and directs the Board President or the School Business Administrator/Board Secretary to approve any changes, additions or deletions to the Lease as may, in the judgment of Special Counsel, be necessary or advisable, such approval to be evidenced by the execution of the Lease by the Board President or the School Business Administrator/Board Secretary. Section 8. The Board hereby authorizes the execution and the delivery of and the performance by the Board of its obligations under the Ground Lease Agreement, which shall be substantially in the form on file with the School Business Administrator/Board Secretary, in accordance with the provisions of this resolution. The Board hereby authorizes and directs the Board President or the School Business Administrator/Board Secretary to approve any changes, additions or deletions to the Ground Lease Agreement as may, in the judgment of Special Counsel, be necessary or advisable, such approval to be evidenced by the execution of the Ground Lease Agreement by the Board President or the School Business Administrator/Board Secretary. Section 9. The Board hereby authorizes the execution and the delivery of and the performance by the Board of its obligations under an escrow deposit agreement between the Board and Peapack-Gladstone Bank (the Escrow Deposit Agreement ) for a fee of $500 per half year, which shall be substantially in the form on file with the School Business Administrator/Board Secretary, in accordance with the provisions of 10

11 this resolution. The Board hereby authorizes and directs the Board President or the School Business Administrator/Board Secretary to approve any changes, additions or deletions to the Lease as may, in the judgment of Special Counsel, be necessary or advisable, such approval to be evidenced by the execution of the Escrow Deposit Agreement by the Board President or the School Business Administrator/Board Secretary. Section 10. The payments of rent or other monies due under the Lease shall be made only from the General Fund of the Board. Neither the Board nor any agency, department or political subdivision thereof shall be obligated to pay any sum to the Lessor under the Lease from any taxing source for the payment of any sums due under the Lease. The obligations of the Board under the Lease shall not constitute indebtedness of the Borough of Metuchen or of any department, agency or political subdivision thereof. The Lease sets forth the term of the Lease, the rental payments to be paid by the Board in respect thereof and the dates on which rents shall be due and payable. Section 11. The proceeds of the sale of the Lease shall be applied to (i) pay costs of the Project, (ii) pay accrued interest on the Lease, if any, and (iii) pay the costs of entering into the Lease. Section 12. The Board hereby authorizes the preparation, the execution and the delivery of and the performance by the Board or its representatives of its obligations under the Lease, the Ground Lease, the Escrow Agreement and other related agreements and documents. Section 13. The Board President or the School Business Administrator/Board Secretary are hereby authorized and directed to execute and to deliver on behalf of the Board the agreements referred to herein, if needed, and any such other agreements as may be necessary to carry out the transaction authorized by this resolution. The Board President, the School Business Administrator/Board Secretary, the Professionals and other appropriate representatives of the Board are hereby authorized and directed to take on behalf of the Board such other actions as shall be necessary and appropriate to accomplish the transaction contemplated by this resolution and the agreements 11

12 authorized herein. The Board President, the School Business Administrator/Board Secretary, Special Counsel and other representatives of the Board as appropriate are hereby authorized to execute such documents and to take all actions that may be necessary or desirable for the implementation of the financing of the Project. Section 14. The Board hereby covenants that it will comply with any conditions subsequent imposed by the Internal Revenue Code of 1986, as amended (the "Code"), in order to preserve the exemption from taxation of the interest portion of the rental payments under the Lease, including the requirement to rebate all net investment earnings on the gross proceeds above the yield on the Lease. The Lease will be designated as a "qualified tax-exempt obligation" for the purposes of Section 265(b)(3)(B)(ii) of the Code. Section 15. This resolution shall take effect immediately. C. POLICY 1. District Technology Plan Move to approve the district Technology Plan for XII. Meeting Open to Public XIII. Adjournment 12