An audio recording of the meeting is available in the Board Office.
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1 ORLEANS PARISH SCHOOL BOARD BOARD BUSINESS MEETING McDonogh #35 High School 1331 Kerlerec Street New Orleans, Louisiana Tuesday, 5:00pm The Orleans Parish School Board convened for a Board Business Meeting on Tuesday, August 16, 2011, in the Auditorium of McDonogh #35 High School, 1331 Kerlerec St., New Orleans, LA. Mrs. Lourdes Moran, Board President, called the meeting to order at 5:23PM. Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, absent, Mr. Brett Bonin, present; Mrs. Lourdes Moran, present; *Mr. Seth Bloom, present; Mr. Woody Koppel, present, Mr. Thomas Robichaux, absent. Ex-officio Board Members: Mr. Darryl Kilbert, Superintendent, present; Mr. Edward Morris, General Counsel, present. *Arrived Late An audio recording of the meeting is available in the Board Office. Mrs. Lourdes Moran led the Board in the Pledge of Allegiance. ADOPTION OF THE AGENDA: Deletion(s) Action Item No. 1: Adoption of FY General Fund Budget and Resolution Addition(s) Presentation of the General Fund Budget for FY Additions to the CONSENT AGENDA o Approval of Outstanding GCA Invoices pending audit o Renewal of Student Transportation Contract o Approval of the HVAC, Plumbing, Mechanical, Primary/Secondary Electrical and Routine Maintenance Services Motion to adopt modifications to the agenda was made by Brett Bonin and seconded by Ira Thomas. The motion passed unanimously. Motion to adopt the agenda was made by Ira Thomas and seconded by Brett Bonin. The motion passed unanimously. SUPERINTENDENT S AGENDA Division of Financial Services o Presentation of the General Fund Budget for FY 2012
2 Division of Academics and Supportive Services o Update on Charter RFA Process Human Resources/Personnel (action item) o Approval of Routine Personnel Actions NAME Adams, Janice Aldridge, Joshua Ambler, Andree Boissiere, Kylynn Brown, Angelle Brown, Jeffery Brumfield, Onsunta Charleville, Guy Davis, Karla RECOMMENDATION OF THE HUMAN RESOURCES DEPARTMENT CERTIFICATED PERSONNEL EMPLOYEE WORK JOB TRANSFERRED/ON HIRE DEGREE LOCATION TITLE LEAVE/RETIRED/RESIGNED DATE McMain Special New Position 08/04/11 M.A. Secondary Education School McDonogh #35 Secondary Barbara Lee Resigned 08/04/11 M.A. Franklin School Social New Position 08/04/11 Specialist Elementary Worker Franklin Elementary Karen Hunter Resigned 08/04/11 M.A. Elementary ADEPHS ADEPHS Franklin Elementary Bethune Elementary Franklin Elementary Special Education Instructional Coach Special Education Special Education Special Education New Position 08/04/11 M.A. New Position 08/04/11 M.A. Veronica Johnson - Retired 08/04/11 M.A.+30 Kirk Hardesty - Transferred 08/04/11 B.A. New Position 08/04/11 M.A. Green, Youth Study Secondary Gilda Morgan Transferred 08/04/11 M.A. Machalle Center Guillen, ADEPHS Interventionist New Position 08/04/11 M.A. Marlyn Harley, Mahalia Elementary New Position 08/04/11 M.A. Debra Elementary Jacob, ADEPHS Science New Position 08/04/11 M.A.+30 Wanda Jett, Nancy Bethune Elementary Leonia Mixon Retired 08/04/11 B.A. Elementary Kellar, Franklin School Nurse Carolyn Thibodeaux Retired 08/04/11 B.A. Laronda Elementary Key, ADEPHS Secondary New Position 08/04/11 M.A. Tamecia LaCroix, ADEPHS Secondary New Position 08/04/11 B.A. Tiffany Leon, Gloria ADEPHS Secondary New Position 08/04/11 B.A. Lloyd, Nancy Franklin Elementary Andrew Amedee - Retired 08/04/11 B.A.
3 Elementary Love, Bethune School Social New Position 08/04/11 Specialist Donnyette Elementary Worker Martin, Luis ADEPHS Secondary New Position 08/04/11 B.A. McAllister, ADEPHS Secondary New Position 08/04/11 M.A. Shelley Pinkston, ADEPHS Secondary New Position 08/04/11 M.A. Shanera Reed, McDonogh #35 Secondary Carolyn Love Resigned 08/04/11 M.A. Patricia Royal, ADEPHS Science New Position 08/04/11 M.A. Charles Sanders, Kevin McDonogh #35 Secondary D Juana Cole Retired 08/04/11 B.A. CERTIFICATED PERSONNEL (Continued) EMPLOYEE NAME WORK JOB TRANSFERRED/ON HIRE DEGREE LOCATION TITLE LEAVE/RETIRED/RESIGNED DATE Vicknair, ADEPHS Librarian New Position 08/04/11 M.A. Rosalind Ware, Shawnell McDonogh #5 School Social Worker New Position 08/04/11 Specialist CLASSIFIED PERSONNEL EMPLOYEE NAME WORK LOCATION JOB TITLE TRANSFERRED/ON LEAVE/RETIRED/RESIGNED HIRE DATE Anderson, Pamela Franklin Senior High Cafeteria Manager New Position 08/03/11 Arnold, Rayan Bethune Elementary Paraprofessional New Position 08/04/11 Blackwell, Juli Franklin Elementary Business/Data Patricia Waters Retired 08/10/11 Manager Brown, Claudette Singleton Charter Child Nutrition New Position 08/03/11 Technician Brown, Trina Bethune Elementary Child Nutrition New Position 08/03/11 Technician Cox, Susana City Park Academy Child Nutrition New Position 08/03/11 Technician Eugene, Zina Harney Elementary Child Nutrition New Position 08/03/11 Technician Johnson, Leslie ADEPHS Business Manager New Position 07/25/11 Matthews, Donald Franklin Elementary Paraprofessional Thomas Harris Sick Leave 08/09/11 McKnight, Lynell Lake Forest Charter Paraprofessional Kenya Adams-Abair 08/12/11 Resigned Moore, Marva McMain Secondary High School Child Nutrition Technician New Position 08/03/11 Patterson, F.C. Williams Cafeteria Manager New Position 08/03/11 Cassandra Robertson, F.C. Williams Child Nutrition New Position 08/03/11 Molinda Technician Stemley, Ramona McDonogh #42 Child Nutrition Technician New Position 08/03/11
4 Williams, Alicia Harney Elementary Child Nutrition New Position 08/03/11 Technician Williams, Beverly Bethune Elementary Paraprofessional Mark Pate Resigned 08/08/11 Wilson, Linda Harney Elementary Child Nutrition New Position 08/03/11 Technician TRANSFERS NAME TRANSFERRED FROM TRANSFERRED TO JOB TITLE EFFECTIVE DATE Acosta, Kathleen McDonogh #35 ADEPHS Secondary 08/04/11 Davis, Romona Bethune Elementary McMain Secondary Special Education 08/04/11 High School Hardesty, Kirk Bethune Elementary Franklin Elementary Special Education 08/04/11 Johnson, Sharon Bethune Elementary Franklin Elementary Paraprofessional 08/08/11 Lecesne, Charmaine McDonogh #35 Youth Study Center Secondary 08/05/11 Leon, Gloria AD Mitchell, Russell Exceptional ADEPHS Paraprofessional 08/08/11 Children s Services Morgan, Gilda Youth Study Center Bethune Elementary Special Education 08/04/11 NAME Nelson, Courtney Pierre, Roland Rivarde, Mia TRANSFERRED FROM Franklin Elementary Paraprofessional McMain Secondary Paraprofessional N.O. Math/Science Franklin Elementary TRANSFERS (Continued) TRANSFERRED JOB TITLE EFFECTIVE TO DATE Mahalia Elementary Business/Data Manager 08/04/11 ADEPHS CTTIE CTTIE 08/04/11 Bethune Elementary Paraprofessional 08/08/11 Treadaway, Robert Franklin Elementary Elementary 08/04/11 Paraprofessional Elementary Walker, Candace Einstein Charter Bethune Elementary Elementary 08/04/11 Paraprofessional Elementary Whitaker, Harold McDonogh #35 McMain Secondary Paraprofessional 08/08/11 High School Young, Sheila McMain Secondary Mahalia Jackson Literacy/Behavioral Facilitator 08/04/11 High School NAME Broyard, Jennifer Sloan, Beverly LEAVES OF ABSENCE WORK LOCATION JOB TITLE TYPE OF LEAVE START DATE END DATE Exceptional Children s Services Franklin Elementary Audiologist Sabbatical 08/04/11 05/22/11 Paraprofessional FMLA 08/08/11 11/07/11
5 RETURN FROM LEAVE NAME WORK LOCATION JOB TITLE TYPE OF LEAVE RETURN DATE Gatlin, Arletia McDonogh #35 Child Nutrition Technician Sick 08/04/11 Hodge, Sandra Franklin Elementary School Security Officer Sick 08/08/11 Lecesne, Charmaine McDonogh #35 Secondary Sabbatical 08/05/11 Turner, Dwyn ADEPHS School Counselor SLWOP 08/27/11 NAME CHANGE SEPARATION/END OF TEMPORARY ASSIGNMENT/RESIGNATION NAME WORK LOCATION JOB TITLE REASON EFFECTIVE DATE Bonner, Dion McDonogh #35 Paraprofessional Personal Reasons 08/02/11 Edgerson, Myra Bethune Elementary Elementary Service Retirement 08/04/11 Jett, Nancy Bethune Elementary Elementary Personal Reasons 08/05/11 Joyner, Jane Audubon Charter Elementary Service Retirement 06/15/11 Stepter, Louise Franklin Franklin Elementary Service Retirement 07/01/11 Mitchell, Kesha Mahalia Jackson Special Education Relocating 07/01/11 Elementary Paraprofessional Melson, Mary McMain Secondary Speech Pathologist Family Matter 05/25/11 School O Connor, Sharon McMain Secondary School Secondary Personal Reasons 07/18/11 Motion to approve routine personnel actions as recommended by Administration was made by Brett Bonin seconded by Woody Koppel. Motion passed unanimously. COMMITTEE REPORTS/RECOMMENDATIONS/ACTION ITEMS: Accountability Committee, Mr. Thomas Robichaux, Chair The Accountability Committee did not meet this month. Budget and Finance Committee, Mr. Woody Koppel, Chair The Budget & Finance Committee met at 4:06pm on. The committee received and discussed the following reports: o Monthly Financial Report, July 31, 2011 The item(s) below are forwarded to the full Board with recommendation: Adopting the FY General Fund Budget and Resolution Resolution Authorizing the Issuance and Sale of Anticipation Notes, Series 2011 of the Orleans Parish School Board Resolution Taxable Refunding of the School Board s 1995 B Bonds Ratification of approval for Infrastructure Information Technology at Arthur Ashe and Westbank Swing Space Change Order for Almonaster Site Amendment to the Jacobs CSRS contract Ratification of approval of the modular buildings for the Westbank Swing Space
6 Amendment to commissioning contract of Farnsworth Group for North Kenilworth K-12 site Accept Donation from Affordable Health Care Act Grants for School Based Health Centers (McMain) Accept Donation from Chevron for Project Lead the Way grant for McDonogh #35 Approval of budget for stabilization of seven school sites (Audubon Ext., Bethune, Lusher Elementary, Lusher High-Fortier site, McDonogh #35, Easton, Karr) The Committee received and discussed the following items. The items below are forwarded to the full Board as CONSENT AGENDA: Renewal License & Support for Blackboard for the Fiscal Year Renewal of Agreement with Achieve 3000 for the Fiscal Year Direct Diversion of USDA Meat Products for the Fiscal Year Dell Computers & Peripheral for Exceptional Children s Services Model Classroom Computers for Architecture Design Engineering Preparatory (ADEP) High School Additions (CONSENT AGENDA) Approval of the HVAC, Plumbing, Mechanical, Primary/Secondary Electrical and Routine Maintenance Services Renewal of Student Transportation Contract Approval of Outstanding GCA Invoices Motion to adopt Consent Agenda Items was made by Woody Koppel, and seconded by Brett Bonin. The Consent Agenda was amended to recommend Orleans Parish School Board to audit, dispute and correctly pay the outstanding amount owed to GCA for maintenance services rendered by the OPSB. Motion to adopt amended Consent Agenda item, the Permission to Compensate up to the Outstanding Maintenance Invoices (GCA) pending Audit was made by Brett Bonin, and seconded by Seth Bloom. Motion passed unanimously. Legal and Legislative Committee: Mr. Brett Bonin, Chair The Legal and Legislative Committee did not meet this month. Policy Committee: Mrs. Cynthia Cade, Chair The Policy Committee did not meet this month. Property Committee: Mr. Ira H. Thomas, Sr. Chair The Property Committee did not meet this month.
7 ACTION ITEMS/RESOLUTIONS The Orleans Parish Board is asked to act upon the following action items: Action Item No. 1: Adoption of FY General Fund Budget and Resolution Recommendation: That the Orleans Parish School Board adopts FY General Fund Budget and Resolution Action Item #1 was deleted. Action Item No. 2: Resolution Authorizing the Issuance and Sale of Anticipation Notes, Series 2011 of the Orleans Parish School Recommendation: That the Orleans Parish School Board approves Resolution Authorizing the Issuance and Sale of Anticipation Notes, Series 2011 of the Orleans Parish School Board. Motion to approve Resolution Authorizing the Issuance and Sale of Anticipation Notes, Series 2011 of the Orleans Parish School Board was made by Woody Koppel, and seconded by Seth Bloom. YEAS: Ira Thomas, Brett Bonin, Seth Bloom, Woody Koppel, Lourdes Moran NAYS: None ABSENT: Thomas Robichaux, Cynthia Cade ABSTENTIONS: None Resolution is adopted with 5 yea votes, 0 nays, 2 absents and no abstentions. Action Item No. 3: Resolution Taxable Refunding of the School Board s 1995 B Bonds. Recommendation: That the Orleans Parish School Board approves Resolution Taxable Refunding of the School Board s 1995 B Bonds. Motion to approve Resolution Taxable Refunding of the School Board s 1995 B Bonds was made by Woody Koppel, and seconded by Seth Bloom. YEAS: Ira Thomas, Brett Bonin, Seth Bloom, Woody Koppel, Lourdes Moran NAYS: None
8 ABSENT: Thomas Robichaux, Cynthia Cade ABSTENTIONS: None Resolution is adopted with 5 yea votes, 0 nays, 2 absents and no abstentions. Action Item No. 4: Adoption of the Pupil Progression Plan. The updates and additions to adopted Pupil Progression Plan are presented in compliance with statutory and regulatory amendments approved by the La. Legislature and BESE. Recommendation: That the Orleans Parish School Board adopts the Pupil Progression Plan. Motion to adopt the Pupil Progression Plan was made by Woody Koppel, and seconded by Seth Bloom. Motion passed unanimously. Action Item No. 5: Execution of a Memorandum of Understanding (MOU) with Recovery School District for the Waters school site. The Waters school site is under the control of the Recovery School District. The MOU would allow a process for OPSB to collect from FEMA/GOHSEP on the remediation of the Waters site. Recommendation: That the Orleans Parish School Board approves the execution of a Memorandum of Understanding with Recovery School District for the Waters school site. Motion to approve the execution of a Memorandum of Understanding with Recovery School District for the Waters school site was made by Woody Koppel, and seconded by Brett Bonin. Motion passed unanimously. Action Item No. 6: Ratification of approval for Infrastructure Information Technology at Arthur Ashe and Westbank Swing Space. At the May 2011 Board Meeting, The Orleans Parish School Board approved a budget amendment for $900,000 for the renovation of Arthur Ashe School, in the expansion of its Ben Franklin Elementary Program. As part of this renovation plan, was a budget of $218, earmarked for IT infrastructure. Also at the May 2011 Board Meeting, The Orleans Parish School Board approved a budget amendment for $6,900,000 for swing space for both Audubon and Alice Harte elementary schools. Recommendation: That the Orleans Parish School Board ratifies the approval for Infrastructure Information Technology at Arthur Ashe and Westbank Swing Space. Motion to ratify the approval for Infrastructure Information Technology at Arthur Ashe and Westbank Swing Space was made by Woody Koppel, and seconded by Brett Bonin. Motion passed unanimously.
9 Action Item No. 7: Amendment to commissioning contract of Farnsworth Group for North Kenilworth K- 8 site. Recommendation: That the Orleans Parish School Board amends the commissioning contract of Farnsworth Group for North Kenilworth K-8 site. Motion to amend the commissioning contract of Farnsworth Group for North Kenilworth K-8 site was made by Brett Bonin, and seconded by Woody Koppel. Motion passed unanimously. Action Item No. 8: Ratification of approval of the modular campus for the Westbank Swing Space. Recommendation: That the Orleans Parish School Board ratifies approval of the leasing of modular campus for the Westbank Swing Space. Motion to ratify approval of the leasing of modular campus for the Westbank Swing Space was made by Brett Bonin, and seconded by Ira Thomas. Motion passed unanimously. Action Item No. 9: Approval of Change Order for Almonaster Site. Recommendation: That the Orleans Parish School Board approves the Change Order for Almonaster site. Motion to approve the Change Order for Almonaster site was made by Brett Bonin, and seconded by Woody Koppel. Motion passed unanimously. Action Item No. 10: Amendment to the Jacobs/CSRS Contract Recommendation: That the Orleans Parish School Board approves the amendment to the Jacobs/CSRS contract. Motion to approve the amendment to the Jacobs/CSRS contract was made by Brett Bonin, and seconded by Woody Koppel. Motion passed unanimously. Action Item No. 11: Acceptance of the Donation from Affordable Health Care Act Grants for School Based Health Centers (SBHC). On behalf of McMain High School, the Administration applied for the Affordable Care Act (ACA) grant for school based health centers. The proposal will support the SBHC in providing more effective, efficient, and quality health care and will lead to improvements in access to health services for children at the SBHC. The District was awarded $500, in grant proceeds. Recommendation: That the Orleans Parish School Board accepts the donation from Affordable Care Act Grants for School Based Health Centers. Motion to accept the donation from Affordable Care Act Grants for School Based Health Centers was made by Brett Bonin and seconded by Woody Koppel. Motion passed unanimously.
10 Action Item No. 12: Acceptance of the Donation from Chevron for Project Lead the Way grant for McDonogh #35. Project Lead the Way (PLTW) is the leading provider of rigorous and innovative STEM (Science, Technology, Engineering, and Mathematics) education curricular programs used in middle and high schools across the United States. STEM education programs like the one offered by PLTW engage students in activities-, projects-, and problem-based (APPB) learning, which provides hands-on classroom experiences. McDonogh #35 High School applied and was awarded $31,666 for the first installment of the two year Project Lead the Way grant. Recommendation: That the Orleans Parish School Board accepts the donation from Chevron for Project Lead the Way grant for McDonogh #35 High School. Motion to approve the donation from Chevron for Project Lead the Way grant for McDonogh #35 High School was made by Brett Bonin, and seconded by Woody Koppel. Motion passed unanimously. Action Item No. 13: Approval of the budget for stabilization of seven schools sites (Audubon Ext., Bethune, Lusher Elem., Lusher High (Fortier site), McDonogh #35, Easton and Karr). Recommendation: That the Orleans Parish School Board approves the budget for stabilization of seven school sites. Motion to approve the budget for stabilization of seven school sites was made by Brett Bonin, and seconded by Woody Koppel. Motion passed unanimously. RECESS TO EXECUTIVE SESSION: Consideration of litigation/personnel matters: 1. Bernadette J. Morris v. Orleans Parish School Board, CDC No ; Worker s Compensation Litigation Settlement Recommendation; 2. TRSL Demand for OPSB Payment of Priestley Charter School s TRSL Debt Settlement Offer, Not Recommended; and 3. Warren Easton Window Replacement Potential Litigation. RECONVENE/ROLL CALL The Orleans Parish School Board reconvened at 6:47 PM Board Roll Call: Mr. Ira Thomas, present; Mrs. Cynthia Cade, absent, Mr. Brett Bonin, present; Mrs. Lourdes Moran, present; Mr. Seth Bloom, present; Mr. Woody Koppel, present, Mr. Thomas Robichaux, absent. Ex-officio Board Members: Mr. Darryl Kilbert, Superintendent; Mr. Edward Morris, General Counsel.
11 REPORT ON LEGAL/PERSONNEL MATTERS: Litigation/Personnel matters: Bernadette J. Morris v. Orleans Parish School Board, CDC No ; Worker s Compensation Litigation Settlement Recommendation. Approve Settlement as recommended by General Counsel. $10, TRSL Demand for OPSB Payment of Priestley Charter School s TRSL Debt Settlement Offer, Not Recommended; and Reject Settlement as recommended by General Counsel. Warren Easton Window Replacement Potential Litigation. Potential Litigation report was provided by General Counsel. Motion to accept the recommendations from the General Counsel s office regarding the aforementioned litigation/personnel matters was made by Woody Koppel and seconded by Ira Thomas. The motion passed unanimously. ADJOURNMENT On motion by Woody Koppel, the Orleans Parish School Board adjourned at 6:50pm.
12 ORLEANS PARISH SCHOOL BOARD RESOLUTION NO Regular Board Business Meeting The following resolution was offered by Woody Koppel_ and seconded by _Seth Bloom. A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF ANTICIPATION NOTES, SERIES 2011 OF THE ORLEANS PARISH SCHOOL BOARD, STATE OF LOUISIANA IN A PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR CONSENT AND AUTHORITY FOR SUCH BORROWING; AND PROVIDING FOR OTHER MATTERS WITH RESPECT TO THE FORGOING. WHEREAS, pursuant to Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, Orleans Parish School Board, State of Louisiana (the "School Board"), in order to pay its current expenses for any fiscal year, may anticipate revenues for such fiscal year and may borrow money to pay such expenses and issue evidences of indebtedness to evidence such borrowing; and WHEREAS, based on the cash flow projection of the School Board for the fiscal year ending June 30, 2012, there is a need for the School Board to borrow money in anticipation of revenues in order to meet its expenses of current operation for the fiscal year ending June 30, 2012; and WHEREAS, the School Board desires to borrow not to exceed Fifty Million Dollars ($50,000,000) pursuant to the Act from either the Louisiana Public Facilities Authority (the Authority ), a consortium of local banks or from an investment banking firm or any other approved purchaser to pay current operations and to dedicate and set aside taxes and other revenues of the current fiscal year for the payment of Revenue Anticipation Notes, Series 2011 issued under the provisions of the Act and this resolution (the "2011 Notes"), which 2011 Notes will fall due and be payable not later than June 30, 2012, together with interest thereon as provided herein; and WHEREAS, the School Board intends to issue and sell the 2011 Notes either to the Authority or to local banks in a principal amount not to exceed $50,000,000; and WHEREAS, the School Board has adopted its budget for its General Fund for the fiscal year ending June 30, 2012; and WHEREAS, the borrowing authorized pursuant to this Resolution does not exceed onehalf of the anticipated revenues of the School Board for the remainder of the fiscal year ending June 30, 2011;and
13 WHEREAS, in connection with the issuance and sale of the 2011 Notes, the School Board will be requited to enter into a Purchase Agreement (the "Agreement") with either the Authority, with a consortium of local banks, and investment banking firm or other approved purchaser; and WHEREAS, in connection with its purchase of the 2011 Notes, the Authority or local banks will require the School Board to utilize the security procedure authorized by Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, to further secure the payment of the 1Notes; and WHEREAS, the issuance of the 2011 Notes is subject to approval by the Louisiana State Bond Commission. NOW, THEREFORE, BE IT RESOLVED by the School Board, that: SECTION 1. There is hereby authorized the incurring of debt and the issuance of Revenue Anticipation Notes, Series 2011 of Orleans Parish School Board, State of Louisiana in the principal amount not to exceed $50,000,000 to be designated "Revenue Anticipation Notes, Series 2011" (the "2011 Notes") for the propose of paying the current expenses of the General Fund for the fiscal year ending June 30, 2012, pursuant to the provisions of Section 89 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto. SECTION 2. The 2011 Notes shall mature no later than June 30, 2012 and shall bear interest, payable as stated therein, at the rate or rates stated thereon; provided, however, that the interest rate borne by the 2011 Notes from its date of issuance until its maturity date shall not exceed 6.0% per annum. The 2011 Notes issuable hereunder shall be issued in substantially the form attached hereto as Exhibit A with such necessary or appropriate variations,.omissions and insertions as are required or permitted by law or by this Resolution or the Agreement. SECTION 3. All revenues to accrue to the General Fund of the School Board for the fiscal year ending June 30, 2012, shall be pledged to secure the payment of the principal of and interest on the 2011 Notes. SECTION 4. The sale of the 2011 Notes to the Authority, to a consortium of local banks, to an investment bank or to any other purchaser thereof (the Authority, local banks or any such purchaser herein referred to as the "Purchaser"), for a purchase price equal to the principal amount thereof is hereby approved. SECTION 5. The form of the Agreement as presented at this meeting and on file with the Secretary of the School Board attached hereto as Exhibit B, with such additions, omissions and changes as may be approved by the President, Vice President, and/or Secretary of the School Board, is hereby approved; the signature of the President, Vice President and/or Secretary on the Agreement to constitute conclusive evidence of their approval of such additions, omissions and changes.
14 SECTION 6. There is hereby created a separate and distinct subfund within the School Board's General Fund to be entitled "Orleans Parish School Board Revenue Anticipation Notes, Series 2011 Sinking Fund Subaccount" (the "2011 Sinking Fund Subaccount"). to be maintained at a financial institution to be designated by the Purchaser. Amounts deposited in the said 2011 "Sinking Fund Subaccount may be applied to a lien in favor of the Purchaser of said 2011 Anticipation Notes. SECTION 7. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the Louisiana State Department of Education, in substantially the form set forth as Exhibit C to the Agreement that will irrevocably direct certain payments of Minimum Foundation Equalization Distribution Funds due to the School Board for the fiscal year ending June 30, 2012 to be deposited into the 2011 Sinking Fund Subaccount. SECTION 8. Pursuant to Section 89.1 of Title 17 of the Louisiana Revised Statutes of 1950, as amended, the President, Vice President or Secretary of the School Board is hereby authorized and directed to execute and deliver a letter to the trustee/fiscal agent for the Purchaser of the 2011 Notes, in substantially the form set forth as Exhibit D to make withdrawals from the 2011 Sinking Fund Subaccount to pay the principal of and interest on the 2011 Notes. SECTION 9. The President, Vice President, Secretary and/or Superintendent are authorized to enter into any other instruments or agreements and to take such further actions as may be necessary or desirable in connection with the issuance of the 2011 Notes and the transactions contemplated by this Resolution. SECTION 10. The President, Vice President, Secretary and/or Superintendent are fully empowered and authorized to execute all documents necessary for the issuance of the 2011 Notes and to affix the seal of the School Board to such documents. SECTION 11. Application be and same is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, for its consent and authority to issue, sell and deliver the aforesaid 2011 Notes, and a certified copy of this Resolution shall be forwarded to the State Bond Commission, together with a letter requesting the prompt consideration and approval of this application. SECTION 12. The School Board hereby finds and determines that a real necessity exists for the employment of special bond counsel in the issuance of the 2011 Notes, and accordingly the law firm of Foley & Judell, L.L.P., Bond Counsel, is hereby employed as Bond Counsel to handle all matters of a legal nature in connection with the negotiation, sale, issuance and delivery of the 2011 Notes. Said special bond counsel shall prepare and submit to this School Board all proceedings necessary for the due authorization, issuance, sale and delivery of the 2011 Notes. The fee of special bond counsel in this connection is hereby fixed at $20,000, plus expenses, which sum is less than the maximum fee allowed by the Attorney General's fee schedule for comprehensive legal and coordinate professional services in the issuance of general obligations, based on the amount of said 2011 Notes actually issued, sold and delivered, plus "out-of-pocket"
15 expenses, said fee to be contingent upon the issuance, sale and delivery of said notes. A certified copy of this resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment herein provided for. SECTION 13. The School Board covenants and agrees that to the extent permitted by the laws of the State Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), in order to establish, maintain and preserve the exclusion from "gross income" of interest on the 2011 Notes under the Code. The School Board further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the 2011 Notes or any other funds of the School Board to be used directly or indirectly in any manner, the effect of which would be to cause the 2011 Notes to be "arbitrage bonds" or would result in the inclusion of the interest on the 2011 Notes in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Note proceeds or (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the 2011 Notes in a manner which would cause the 2011 Notes to be "private activity bonds". The President and Secretary of the School Board are hereby empowered, authorized and directed to take any and all action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this resolution and the Supplemental Resolution and to effect the issuance and delivery of the 2011 Notes. SECTION 14. If any provision or item of this resolution or the Supplemental Resolution, or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this resolution or the Supplemental Resolution which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this resolution and the Supplemental Resolution are hereby declared severable. SECTION 15. The foregoing resolution shall take effect immediately upon its adoption. SECTION 16. A copy of this resolution shall be published at least once in the official journal of the School Board or, if there is none, in a newspaper having general circulation therein. For thirty days after the date of publication, any person in interest may contest the legality of this Resolution and of any provision herein made for the security and payment of the 2011 Notes. After that time, no one shall have any cause of action to test the regularity, formality, legality or effectiveness of this Resolution, and provisions thereof for any cause whatsoever. Thereafter, it shall be conclusively presumed that every legal requirement for the issuance of the 2011 Notes has been complied with. No court shall have authority to inquire into any of these matters after the thirty days.
16 The foregoing resolution having been submitted to a vote, the vote resulted as follows: YEAS: Moran, Koppel, Bloom, Bonin, Thomas Sr. NAYS: None ABSENT: Robichaux, Cade ABSTENTIONS: None And the resolution was declared adopted on this the 16 th day of August, Lourdes Moran, President Darryl C. Kilbert, Secretary-Treasurer
17 STATE OF LOUISIANA PARISH OF ORLEANS I, the undersigned Secretary of the Parish School Board of the Parish of Orleans, State of Louisiana, do hereby certify that the foregoing _five (5) pages constitute a true and correct copy of a resolution adopted by said Parish School Board on the 16 th day of August, 2011, entitled: A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF ANTICIPATION NOTES, SERIES 2011 OF THE ORLEANS PARISH SCHOOL BOARD, STATE OF LOUISIANA IN A PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000; MAKING APPLICATION TO THE STATE BOND COMMISSION FOR CONSENT AND AUTHORITY FOR SUCH BORROWING; AND PROVIDING FOR OTHER MATTERS WITH RESPECT TO THE FORGOING. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said School Board, on this _16 th day of August, (SEAL) Executive Secretary to the Board
18 ORLEANS PARISH SCHOOL BOARD RESOLUTION NO Regular Board Business Meeting The following resolution was offered by Woody Koppel_ and seconded by _Seth Bloom. A resolution giving preliminary approval to the issuance of not to exceed Thirteen Million Seven Hundred Thousand Dollars ($13,700,000) of Public School Refunding Bonds, Series 2011; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith. WHEREAS, pursuant to the provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Chapter 14-A, Title 39 of the Louisiana Revised Statutes of 1950, as amended (the Refunding Act ) and other constitutional and statutory authority, the Orleans Parish School Board (the Issuer ) has heretofore issued $22,815,000 of Public School Refunding Bonds, Series 1995B, of which $13,425,000 are currently outstanding (the Prior Bonds ); and WHEREAS, in order to provide debt service reductions to the Issuer, the Issuer desires to give preliminary approval to the current refunding of the Prior Bonds pursuant to the Refunding Act; and WHEREAS, pursuant to the Refunding Act, and subject to the approval of the State Bond Commission, the Issuer desires to accomplish the refunding through the issuance of not exceeding $13,700,000 of its Public School Refunding Bonds, Series 1995A (the Refunding Bonds ) to be secured from the same sources which currently secure the Prior Bonds, namely: (i) the revenues from the ad valorem tax authorized by Article 8, Section 13(C) Second of the Louisiana Constitution of 1974, as adjusted in accordance with the provisions of Article 7, Section 23 of the Louisiana Constitution (the Constitutional Millage ) and (ii) the revenues from the one-half percent (2%) sales and use tax authorized at an election held in the Parish of Orleans on November 4, 1980, and levied and collected by the Orleans Parish School Board under the authority of Section of Title 33 of the Louisiana Revised Statutes of 1950, as amended, subject only to the payment of the reasonable costs of expenses of collecting and administering said sales and use tax, and excluding any revenues from any authorized taxes or rates of taxes not now being levied and collected (the Dedicated Sales Tax ).; and WHEREAS, the Issuer desires to make formal application to the State Bond Commission for approval of the Refunding Bonds, and further to employ special bond counsel and underwriters in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Orleans Parish School Board of the Parish of Orleans, State of Louisiana, that: SECTION 1. Preliminary Approval of Refunding Bonds. Preliminary approval is given to the issuance of not exceeding $13,700,000 of Public School Refunding Bonds, Series 2011 (the Refunding Bonds ), to be issued for the purpose of refunding all of the Issuer s outstanding Public School
19 Refunding Bonds, Series 1995B, said Refunding Bonds to be payable from and secured by the Constitutional Millage and the Dedicated Sales Tax. The Refunding Bonds shall bear interest at a rate or rates not to exceed five percent (5.0%) per annum, to be determined by subsequent resolution of this School Board at the time of the sale of the Refunding Bonds, and shall mature in annual installments due no later than December 31, The Refunding Bonds shall be issued in fully registered form, shall be sold to the purchasers thereof at a price of not less than 96% of par, plus accrued interest, and shall have such additional terms and provisions as may be determined by this School Board. SECTION 2. Employment of Bond Counsel. This Governing Authority finds and determines that a real necessity exists for the employment of special counsel in connection with the issuance of the Refunding Bonds, and accordingly, Foley & Judell, L.L.P., of New Orleans, Louisiana, as Bond Counsel, is hereby employed to do and perform legal work as bond counsel with respect to the issuance and sale of said Bonds. Said Bond Counsel shall prepare and submit to this Governing Authority for adoption all of the proceedings incidental to the authorization, issuance, sale and delivery of such Refunding Bonds, shall counsel and advise this Governing Authority as to the issuance and sale thereof, and shall furnish its opinions covering the legality of the issuance of the Bonds. The fee of Bond Counsel for each series of bonds shall be fixed at a sum not exceeding the fee allowed by the Attorney General s fee guidelines for such bond counsel work in connection with the issuance of such series of revenue bonds and based on the amount of said Bonds actually issued, sold, delivered and paid for, plus out-of-pocket expenses, said fees to be contingent upon the issuance, sale and delivery of said bonds. Bond Counsel shall also assist in the preparation of an Official Statement containing detailed and comprehensive financial and statistical data required with respect to the sale of the Refunding Bonds, and the costs of the preparation, printing and distribution of such official statement shall also be paid from the proceeds of the Refunding Bonds. Said Official Statement may be submitted to such nationally recognized bond rating service or services as 19
20 may be recommended by bond counsel, together with a request that an appropriate rating be assigned. A certified copy of this Resolution shall be forwarded to the Attorney General of the State of Louisiana for his approval of the employment and of the fees herein designated. SECTION 3. State Bond Commission. Application is hereby made to the State Bond Commission, Baton Rouge, Louisiana, for approval of the issuance and sale of the Refunding Bonds and for consent and authority to proceed with the issuance and sale of the Refunding Bonds as provided above, and Bond Counsel is directed to make application to the State Bond Commission in accordance with the foregoing on behalf of the Issuer. By virtue of the Agency s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc., adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby. This resolution having been submitted to a vote, the vote thereon was as follows: YEAS: Moran, Koppel, Bloom, Bonin, Thomas Sr. NAYS: None ABSENT: Robichaux, Cade ABSTENTIONS: None And the resolution was declared adopted on this the 16 th day of August,
21 Lourdes Moran, President Darryl C. Kilbert, Secretary-Treasurer 21
22 OPSB Business Board Meeting Minutes STATE OF LOUISIANA PARISH OF ORLEANS I, the undersigned Secretary of the Orleans Parish School Board of the Parish of Orleans, State of Louisiana, do hereby certify that the foregoing three (3) pages constitute a true and correct copy of a resolution adopted by said Orleans Parish School Board on, giving preliminary approval to the issuance of not to exceed Thirteen Million Seven Hundred Thousand Dollars ($13,700,000) of Public School Refunding Bonds, Series 2011; providing certain terms of said bonds; making application to the State Bond Commission for approval of said Bonds; and providing for other matters in connection therewith. IN FAITH WHEREOF, witness my official signature and the impress of the official seal of said Issuer at New Orleans, Louisiana, on this the 16 th day of August, (SEAL) Executive Secretary to the Board 22
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