BOARD OF EDUCATION ELDRED CENTRAL SCHOOL DISTRICT NOVEMBER 18, 2010 REGULAR MEETING 6:30 P.M. HELD AT MACKENZIE ELEMENTARY 1. OPENING. 1.01 Call to Order/Pledge to the Flag. The President called the meeting to order at 6:35 p.m. 1.02 Recording of Attendance. Board Members present: D. Reiser, A. Laput, L. Bohs, C. Bliefernich, and J. Burns. Others present: R. Dufour, B. Robertson and approximately 10 citizens. S. Krebs and W. Thornton entered the meeting at 7:05 p.m. and approximately 15 citizens. 1.03 Presentation: K. Gueren & M. Gallo Guidance, On-Line Courses tabled to 12/9/10 meeting 2. EXECUTIVE SESSION. 2.01 Approval to enter into Executive Session at 6:36 p.m. to discuss specific personnel was made on motion by A. Laput and seconded by J. Burns. Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C. Bliefernich yes; J. Burns yes. Votes: 5 ayes. Motion carried. 2.02 Approval to adjourn Executive Session at 7:45 p.m. was made on motion by A. Laput and seconded by L. Bohs. Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C. Bliefernich yes; J. Burns yes. Votes: 5 ayes. Motion carried. 3. EDUCATION AND CURRICULUM. 3.01 Elementary Principal Report (Acting Principal Mr. H. Diamond) Thanked the Board for the opportunity to be the acting principal at the Mackenzie Elementary School. Thrilled with the faculty and staff. Gave brief history of his teaching and administrative career. Stated that he was trying to carry on with the normal school routine at Mackenzie; thanked faculty, staff and Mr. Dufour for all the help and advice. 3.02 Secondary Principal Report (Mr. S. Krebs) Reported on the 8 th grade trip to Livingston Manor for the excellent presentation on Learning History through Art and Music. PAC s performance of American Idle-Murdering the Music was well attended and well received. Kudos to students and Mr. Glodich. Our district wide chorus concert is scheduled for 12/7/10. Parent-Teacher conferences are scheduled for 11/19/10, with teachers receiving parents in their rooms.
Our school-wide PBIS awards and afterschool event (Harry Potter movie at Callicoon Theater) is scheduled for 11/22/10. A parent meeting for our Junior class is scheduled for 12/1/10 with our guidance counselors Students Morgaine Flanigan and Devyn Halter were both participants in the College of New Rochelle 17 th Annual High School Women Artists Exhibit. Our fall sports teams have completed their seasons with much success. County and state finalists for Cross Country teams are Alex Campanella, Russell Amore, and Hunter Proscia. Winter sports practices have started. SchoolMessenger data has been entered, a training for staff is scheduled and testing of the system should be done shortly. 3.03 Business Administrator Report (Mr. W. Thornton) Watching Albany for news on Property Tax Cap Initiative, state aid. Began budget process 11/17, with a roll over budget presented to administration. Looking for input from the Board regarding the budget. Outside work is basically complete, with necessary yard work to be done by sub cleaners. Holiday break scheduled work will include some painting and floor refinishing at the high school and painting at Mackenzie. Met with CDEP committee and cafeteria and discussed expanding the lunch offerings at the high school. Town of Lumberland has installed an updated furnace in the large bus bay, new entrance doors and windows in the bus garage. Renewal of the lease has been completed for a three year duration at $3,600/month. The field events have been completed the track markings have been done. 3.04 District Report (Mr. Robert M. Dufour) Thanked the Town of Highland for the donation of three lever voting machines to the school. Open House at the high school on Oct. 16 th was most successful. Website has photos of the day. Encouraged all to vote on Dec. 7 th on the Repair Reserve Referendum. Will schedule a follow up meeting with the YMCA regarding a pilot program for Club Kid at Mackenzie. Will present a resolution to the board at the December meeting to proceed. CDEP Committee is in the final phase of planning and should have a draft document to present to the Board for December. 4. PUBLIC COMMENT. (Limited to Consent Agenda Items only.) 5. APPROVAL OF MINUTES AND WARRANTS. ** Consent Agenda: Recommended Action 5.01 to 8.09 Made on motion by L. Bohs and seconded by A. Laput.
D. Reiser asked Mr. J. Corcoran to speak to motion 8.02. Mr. Corcoran stated that the varsity wrestling team s merger with Fallsburg is an excellent opportunity to our students. Although we have small varsity participation, we have strong modified participation as a foundation for the wrestling program. This merger will allow the team to participate as a full team and enter more tournaments. Mr. Corcoran thanked the Board for their indulgence and support. D. Reiser congratulated Ms. Karen Tuso on her tenure appointment as a teaching assistant. Voting: D. Reiser - yes; A. Laput - yes; L. Bohs - yes; C. Bliefernich - yes: J. Burns - yes. Votes: 5 ayes. Motion carried. 5.01 Approval of the Minutes of the Regular Meeting of the Board of Education held on October 14, 2010 and the Special Meeting held on November 4, 2010. 5.02 Approval of the District Treasurer Report for the month ending October 31, 2010. 5.03 Approval of the Central Treasurer Report for the month ending October 31, 2009. 5.04 Approval of the Payment of Bills appearing on Multi-Fund Warrant # 7 (Checks # 48586-48703 and Checks # 1231-1233) and Multi-Fund Warrant # 8 (Checks # 48704-48799 and Check # 1234). 5.05 Approval of the Claims Auditor Report on Multi-Fund Warrant # 7 (Checks # 48586-48703 and Checks # 1231-1233) and Multi-Fund Warrant # 8 (Checks # 48704-48799 and Check # 1234). 5.06 Approval of Budgetary Transfer #1 for the 2010-2011 school year. 6 COMMUNICATIONS. 6.01 Student Enrollment Trends 6.02 SCSBA Dinner Meeting 11/29/10 6.03 NYSSBA Training Events 6.04 NYSSBA Membership dues freeze 7. APPOINTMENTS AND AUTHORIZATIONS. 7.01 Approval, upon the recommendation of the Interim Superintendent, that Karen Tuso, who is a certified Teaching Assistant, is appointed on tenure effective November 16, 2010. 7.02 Approval, upon the recommendation of the Interim Superintendent, pursuant to Section 3012 of the Education Law and in compliance with part 30.3 of the Rules of the Board of Regents, to appoint, Carol Gillespie to the position of English 7-12 Teacher for the 2010-2011 school year,
with a probationary period of two (2) years, retroactive to September 1, 2010. 7.03 Approval, upon the recommendation of the Interim Superintendent, to appoint Albert Wojtaszek, Chairman, for the Public Referendum Vote scheduled for December 7, 2010. 7.04 Approval, upon the recommendation of the Interim Superintendent, to appoint Kenneth Byrne and Klendin Kirby as official ballot clerks for the Public Referendum Vote scheduled for December 7, 2010, at a rate of $10.00 per hour. 7.05 Approval, upon the recommendation of the Interim Superintendent, to appoint Carmela M. Francese as a volunteer coach for girls basketball for the 2010-2011 sports season. 7.06 Approval, upon the recommendation of the Interim Superintendent, to appoint Justin Glodich Director of the Fall Performing Arts Production, payment as per contract. 7.07 Approval, upon the recommendation of the Interim Superintendent, to appoint Ryan Jasper as the modified girls basketball coach for the 2010-2011 school year. 7.08 Approval, upon the recommendation of the Interim Superintendent, to appoint Marcio Castellanos as a fitness center attendant. 7.09 Approval, upon the recommendation of the Interim Superintendent, to add Celia Oset to the substitute teacher list for the 2010-2011 school year. 7.10 Approval, upon the recommendation of the Interim Superintendent, to appoint Matthew Varley as the Coordinator/Advisor of the Interact Club for the 2010-2011 school year. 7.11 Approval, upon the recommendation of the Interim Superintendent, to appoint Manuel Delgado to the position of Substitute Cleaner, on an emergency conditional basis, at a rate of $12.50 per hour. 7.12 Approval, upon the recommendation of the Interim Superintendent, to appoint Corey Proscia and Ryan Stutz, both as Part-Time Modified Wrestling Coaches (.5 each) for the 2010-2011 school year. 8. OTHER. 8.01 Approval, upon the recommendation of Robert Dufour, Interim Superintendent, of the special education placements submitted. 8.02 Approval, upon the recommendation of the Interim Superintendent, that the Board of Education adopts a merger of the Eldred Central School District Varsity Wrestling Team with the Fallsburg Central School Varsity Wrestling Team for the 2010-2011 winter sports season. The team will be called the Eldred-Fallsburg Wrestling Team.
8.03 Approval, upon the recommendation of the Interim Superintendent, to approve the Elevator Maintenance Agreement with ThyssenKrupp Elevator in the amount not to exceed $2,220.00 annually. 8.04 Approval, upon the recommendation of the Interim Superintendent, to approve the return of unpaid taxes from the 2010 Tax Warrant to the Sullivan County Treasurer in the amount of $1,054,380.74. 8.05 Approval, upon the recommendation of the Interim Superintendent, to approve the return of unpaid taxes from the 2010 Tax Warrant to the Orange County Commissioner of Finance in the amount of $6,567.95. 8.06 Approval, upon the recommendation of the interim Superintendent, of the following Resolution: RESOLUTION UNDER PUBLIC OFFICERS LAW 18 The school district shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his public employment or duties; provided further that in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount or settlement by the board of education. Except as otherwise provided by law, the duty to indemnify and save harmless prescribed by this resolution shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee. The board of education shall not indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties or money recovered from an employee pursuant to Section 51 of the General Municipal Law. However, the board shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties, has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of this state or of the United States. Upon entry of the final judgment against the employee, or upon the settlement of the claim, the employee shall serve a copy of such judgment or settlement, personally or by certified or registered mail within 30 days from the date of entry or settlement, upon the superintendent of the school district; and, if not inconsistent with the provisions of this resolution, such amount of such judgment or settlement shall be paid by the school district.
The duty to defend or indemnify to save harmless prescribed by this resolution shall be conditioned upon (i) delivery by the employee to the superintendent of the school district of a written request to provide for his defense together with the original or copy of any summons, complaint, process, notice, demand or pleading within 10 calendar days after he is served with such document and (ii) the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the school district based upon the same act or omission and in the prosecution of any appeal. Upon compliance by the employee with the provision of the last paragraph, the school district shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his public employment or duties. This duty to provide a defense shall not arise where such civil action or proceeding is brought by or at the behest of the school district employing such employee. The employee shall be entitled to be represented by private counsel of his choice in any civil action or proceeding whenever the school district attorney or other counsel designated by the school district determines that a conflict of interest exists, or whenever a court, upon appropriate motion or otherwise by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his choice provided, however, that the school district attorney or other counsel designated by the school district may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. Reasonable attorneys' fees and litigation expenses shall be paid by the school district to such private counsel from time to time during the pendency of the civil action or proceeding with the approval of the board of education of the school district. The board of education may from time to time purchase insurance from any insurance company created by or under the laws of the State of New York, or authorized by law to transact business in the State of New York, against any liability imposed by the provisions of this resolution, or to act as self-insurer with respect thereto. For the purposes of this resolution, the term "employee" shall mean any member of the board of education, employee, volunteer, as well as a former employee, his estate or judicially appointed personal representative. The benefits of this resolution shall supplement and be available in addition to defense or indemnification protection conferred by any other enactment. 8.07 Approval, upon the recommendation of the Interim Superintendent, that the Board of Education approve and award the Wrestling Mat Bid to Johnson Athletic Suppliers in the amount not to exceed $11,800.00.
8.08 Approval, upon the recommendation of the Interim Superintendent, that the Board of Education reject all Wrestling Storage Equipment Bids. 8.09 Approval, upon the recommendation of the Interim Superintendent, that the Board of Education approve the contract with Partners in Safety, Inc., for the administration and processing of drug and alcohol testing program, compliance requirements of the U. S. Department of Transportation in 49 CFR Part 40 and Part 382. 9. OLD BUSINESS. 9.01 SchoolMessenger 9.02 Club Kid Program 9.03 5100 Attendance Policy Review-tabled to December 9 2010 meeting. 10. NEW BUSINESS. 10.01 School Tax Payment Installment discussion Mr. Thornton spoke to a request from the public to implement installment payments for school taxes. He stated that several area schools offer this payment plan, and after he has spoken to our legal representatives, he ll come back to the board with his recommendation. He described several payment options which will allow the public some flexibility in how they want to pay their school taxes. ** C. Bliefernich brought three motions to the Board as a result of the Executive Session held earlier in the meeting: The motions were as follows: 8.10 After reviewing the grievance filed by the Eldred Administrators Association and supporting documentation, and after duly considering the matter and having determined that there is insufficient evidence of a violation of the collective bargaining agreement, the Board of Education denies the Eldred Administrators Association Grievance 2010-2011-1. Made on motion by C. Bliefernich and seconded by A. Laput. Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C. Bliefernich yes; J. Burns. Votes: 5 ayes. Motion carried. 8.11 After reviewing the grievance filed by the Eldred Administrators Association and supporting documentation, and after duly considering the matter and having determined that there is insufficient evidence of a violation of the collective bargaining agreement, the Board of Education denies the Eldred Administrators Association Grievance 2010-2011-2. Made on motion by C. Bliefernich and seconded by A. Laput.
Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C. Bliefernich yes; J. Burns. Votes: 5 ayes. Motion carried. 8.12 After reviewing the grievance filed by the Eldred Administrators Association and supporting documentation, and after duly considering the matter and having determined that there is insufficient evidence of a violation of the collective bargaining agreement, the Board of Education denies the Eldred Administrators Association Grievance 2010-2011-3. Made on motion by C. Bliefernich and seconded by L. Bohs. Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C. Bliefernich yes; J. Burns. Votes: 5 ayes. Motion carried. 11. PUBLIC COMMENT. M. NEALON: Stated that the Town of Highland does three payments for town taxes and town clerk told her that more taxes were collected due to the installment payment plan. T. SPRADLING: Stated that the public is aware of the coupon payment on town taxes and with the school taxes it would allow some flexibility for payments. K. HERLING: Asked if you needed to sign up for SchoolMessenger. S. KREBS: Student emergency contact information has been entered into the system. K. HERLING: Asked if any decision had been made on home schooled students attending assemblies. R. DUFOUR: Stated that the issue that the Board had was to be sure that the home schooled students attending the assemblies were actual district residents. A policy has to be established regarding this matter. K. HERLING: Regarding the Attendance Policy, are parents going to have input? D. REISER: Stated that the Board would seek parental input. C. BLIEFERNICH: We had earlier agreed that the Board would hold a public hearing for public input on the attendance policy. L. HAZEN: Can SchoolMessenger be utilized for a quick parental survey via email? Are there limits as to how it can be used? S. KREBS: Deferred to Mr. Reiser for more information. D. REISER: It can be used to survey. Many uses for emergency phone calls, attendance, information dissemination.
T. SPRADLING: Don t need to send out a survey regarding school tax payments. Public will be happy to have payment option. 12. ADJOURNMENT. 12.01 Approval to adjourn the meeting at 8:45 p.m. was made on motion by L. Bohs and seconded by A. Laput. Voting: D. Reiser yes; A. Laput yes; L. Bohs yes; C.Bliefernich-yes; J. Burns yes. Votes: 4 ayes. Motion carried.