BOARD OF EDUCATION
MIDDLETOWN, NEW YORK
MARCH 18, 2004
A regular meeting of the Board of Education of the Enlarged City School District of Middletown, New York was held Thursday, March 18, 2004, at the Board of Education Office, 223 Wisner Avenue, Board President Robin Markovits, presiding.
Present: Dr. Best, Mr. Crescenzo, Mrs. Elliott, Mr. Estrada, Mr. Perrino,
Mr. McCormack, Mrs. Botti, Mrs. Markovits – 8.
Absent: Mrs. Knapp – 1.
Others Kenneth Gray, Acting Superintendent
Present: Timothy Conway, Deputy Superintendent
Lorelei Case, School Business Executive
Thomas Scott, Superintendent of Buildings and Grounds
Peter Ancona, Director for Technology Services
Sharon Berlin, Attorney, Lamb & Barnosky
Mrs. Markovits called the meeting to order at 6:00 p.m. Mr. Crescenzo made a motion, seconded by Mrs. Elliott, to have an executive session to hear an appeal of a Superintendent’s hearing, to discuss legal matters pertaining to specific personnel and to review a contractual matter.
Motion was unanimously approved. Public session resumed at 7:35 p.m.
The Board recognized Twin Towers assistant principal Janet Davis, grantwriter Ken Packard and Lillian O’Brien from the Interactive Museum for their work in securing the 21st century community learning center grant. This grant, which will infuse $600,000 a year for five years into the District, will be used for after school programs focusing on numeracy and literacy.
Mrs. Markovits announced that the Annual Budget Vote and Board member election will be held on May 18, 2004. She outlined the requirements to serve on the Board and said that petitions are available in the District Clerk’s office.
Mrs. Markovits thanked Lana Moravus, assistant principal at the High School, for her efforts in coordinating the recent Renaissance breakfast.
Mr. McCormack made a motion, seconded by Mrs. Elliott, to approve the minutes of January 22, 29, February 5, 9, 10, 11, 12, 2004.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
No written communications were read.
Board Member Reports:
Mr. McCormack reported that he, Dr. Best, Mr. Estrada, and Mr. Crescenzo made a site visit to the Oswego area and met with many of the stakeholders of that school district.
Mr. McCormack also attended the State Legislative Network conference where he met with local legislators concerning the State budget, which they felt should be in place shortly after the April 1 deadline. He said that the legislators were confident that the Governor’s proposed aid to education will be increased.
Mr. McCormack reported that the Wicks Law was established to ensure fair wages are provided to construction firms who work on school facilities. This legislation also calls for school districts to bid out each individual part of the job, instead of hiring one general contractor. Wicks Law Reform will change this requirement, with an estimated savings to school districts of 10-30% on their bond referendums. Mr. McCormack has asked our local legislators to introduce special legislation by the end of this session to exempt Middletown from having to participate in the Wicks Law.
Dr. Best, Mr. Crescenzo and Mr. Estrada all reported on the site visit to Oswego. They enumerated the people they met with, including the Chief of Police and the Mayor, and said that Dr. Eastwood’s integrity, vision, and innovation were emphasized. Mr. Estrada also presented some statistics of the Oswego City School District.
Mr. Perrino extended well wishes to staffer Jerry Polenski.
Mr. Perrino said that he attended the recent Renaissance breakfast held at the High School, where over 450 students were recognized. These students are eligible for honor or high honor roll. He thanked Myra Schiff and Lana Moravus for coordinating this program. Mr. Perrino acknowledged the members of the Key Club for their community participation. He noted their recent efforts to raise funds for St. Jude’s Hospital. Mr. Perrino continued by acknowledging the dedication of those in the District’s food service program, and spoke about the healthier choice program that has been started.
Mrs. Markovits commended teacher Fred Isseks and the students who will be presenting on NPR concerning one of their documentaries. Mrs. Markovits also reported that she attended a Teacher Center meeting concerning early childhood collaboration with the New Paltz School of Education. She said the Teacher Center is also investigating a language immersion program with Orange County Community College.
Mrs. Elliott made a motion, seconded by Dr. Best, to approve the following resolution:
Whereas, on January 9, 2003, the Board of Education approved an additional per diem compensation for Timothy J. Conway in the position of Deputy Superintendent, be it resolved that said per diem compensation be discontinued effective March 22, 2004.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. Perrino made a motion, seconded by Mrs. Botti, to approve the following resolution:
Approval of Resignation of Deputy Superintendent
Name: Timothy J. Conway
Type: Resignation
Effective Date: March 22, 2004
Assignment: Deputy Superintendent
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mrs. Markovits thanked Mr. Conway for his service as Deputy Superintendent, saying he stepped up to the plate during a very difficult time in our District.
Mr. Estrada made a motion, seconded by Mrs. Botti, to approve the following resolution:
Approval of Reinstatement
Name: Timothy J. Conway
Type: Reinstatement (Contractual Appointment)
Effective Date: March 22, 2004
Assignment: Assistant Superintendent for Business
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. McCormack made a motion, seconded by Mrs. Botti, to approve Personnel Memorandum #16, attached.
Ayes: Best, Crescenzo, Estrada, McCormack, Perrino, Botti, Markovits – 7. Noes: Elliott – 1. Motion was declared approved.
Mrs. McLeod noted the tenure appointments of two administrators: Michael Barone, Assistant Principal at Monhagen Middle School, and Barbara Reiss, Assistant Principal at Chorley School.
Mrs. Botti made a motion, seconded by Mr. Estrada, to amend the agenda to include an additional personnel item.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion to amend the agenda was unanimously approved.
Mrs. Botti made a motion, seconded by Mr. Crescenzo, to approve the following resolution:
WHEREAS, a tenured District teacher acknowledged receipt of disciplinary charges preferred against the teacher by the Board on February 19, 2004 pursuant to Education Law § 3020-a; and
WHEREAS, the Board adopted a resolution on February 19, 2004 providing, among other things, that the maximum penalty that would be imposed by the Board in the event that the teacher did not timely request a hearing on the disciplinary charges was termination of the teacher’s employment; and
WHEREAS, pursuant to Education Law § 3020-a and a notice from the District Clerk, that teacher was required to notify the District Clerk within 10 days of receipt of the statement of charges as to whether the teacher desired a hearing on the charges; and
WHEREAS, that teacher failed to notify the District Clerk on a timely basis that the teacher was requesting a hearing, and offered no excuse for the teacher’s failure to request a hearing in a timely manner;
NOW, THEREFORE, IT IS RESOLVED THAT, the Board hereby determines that the teacher is in fact guilty of each of the charges and specifications that have been preferred against the teacher; and
IT IS FURTHER RESOLVED THAT, the Board hereby determines that the teacher has waived the teacher’s right to a hearing on the charges and has offered no excuse for the teacher’s failure to timely request a hearing; and
IT IS FURTHER RESOLVED THAT, as a result, the teacher’s employment with the District is terminated, effective immediately.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. Crescenzo made a motion, seconded by Mrs. Botti, to table the request for personnel folders.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Response to Previous Questions:
Regarding the 3020-a process, Dr. Gray said that employees are entitled to due process, and according to School Law, just cause must be established for a school board to take disciplinary action. Any investigation undertaken by the board must be fairly and objectively conducted. If a thorough investigation is not conducted, the defendant can claim the litigation is frivolous and the District would be responsible for the defendant’s legal fees.
Mrs. Markovits said that a meeting was held with legal counsel regarding meeting with members of the High School Senior Class to discuss 3020-a information. She said that a meeting will be scheduled to discuss the 3020-a process; information which is specific to any person or any 3020-a that is currently being conducted will not be discussed. This is being done to safeguard individuals’ due process rights and to ensure that the current proceeding which is before an arbitrator is done in a just and equitable manner.
Regarding the status of the investigation, Mrs. Markovits said that investigations of Twin Towers, Central Office, and the Board of Education will continue. However, the District must wait until a lawsuit has been filed by the student involved in the Sigler matter. The District’s insurance company has advised that if the District pursues any investigations before this time, they may remove all of the District’s insurance coverage. As soon as papers are served, the District will begin negotiating with the insurance company to continue with the investigations. Mrs. Markovits noted that she has communicated this information to the district attorney.
Mrs. Case reported on the funding for the field lighting project. She said that the District received a $50,000 donation from the Snapple Corporation, $25,000 for the lighting project and $25,000 for scoreboards. The community donated $103,000, including the $25,000 from Snapple. An additional $103,000 was from District funds. Mrs. Case said that the project is now out to bid.
Mrs. Case also reported that both the High School Athletic Department and the District’s Food and Nutrition Service provide Snapple products. The cost is determined by the size of the bottles purchased.
Continuing, Mrs. Case reviewed budget data regarding BOCES Special Education service, transportation, distance learning, and the BOCES recruitment coser.
Visitors:
Kristin Weiss presented a petition which asked to reinstate Bernard Cohen as the principal of Middletown High School.
Vince Pladdys thanked the Board for accepting the invitation to address the Senior Class regarding the 3020-a process. He addressed the cost of Snapple products and the right of free speech.
Danielle Archer spoke in support of Bernard Cohen.
Nanci Itzla supported returning Bernard Cohen to the High School, not at an alternative site.
Jared Geisenheimer spoke about his experience with cafeteria foods.
Dr. Gray said that it is his intent to visit our schools as frequently as possible, with the objective of opening lines of communication. He said that judgment should be deferred until all facts are in evidence.
Mrs. Case reviewed several dates regarding the 2004-05 budget process: on April 1, there will be a final budget review and final budget comments from the public will be received; on April 22, the budget will be adopted by the Board; on May 6, a budget informational hearing will be held. The budget vote will be held on May 18.
Mrs. Case reviewed the totals for the categories in the proposed 2004-05 budget, noting the reasons for significant changes. Mrs. Case next reviewed the changes in the budget brochure format. She said that an overview of the budget in Spanish will be included in the budget brochure.
Mrs. Case also addressed the suggestion of installment tax collections. She explained that installment tax collections would not be interest free for the taxpayer, and would call for additional staff and computer software to process payments.
Superintendent-approved budget transfer #11 was presented for review.
Janet Davis, District Coordinator for After School Program, and Lillian O’Brien, Executive Director for the Interactive Museum, presented information on the 21st Century Community Learning Center Project. Ms. Davis said the purpose of this funding is to provide academic enrichment and tutoring services, positive youth development opportunities, and literacy and other educational services to families. She said that funded programs must take place outside of regular school hours, must be provided through a collaborative effort between the school district and a community-based organization (The Interactive Museum), and must engage in periodic self-assessment. Ms. Davis said 21st Century funding will allow expansion of the District’s current after-school basic instruction and enrichment opportunities.
Ms. Davis outlined the program goals of the 21st Century Community Learning Center Project: increase the number of students scoring at levels 3 and 4, increase interface between schools and community, infuse the curriculum with constructive projects that promote critical thinking, provide services to parents so they can assist their children, promote good nutrition, health, and fitness, and provide youth development and leadership opportunities. The program will feature small group literacy and numeracy instruction, collaboration with the Interactive Museum to integrate art and technology into instruction, a community forum provided by the Interactive Museum for display of student achievement, collaboration with Literacy Volunteers of American to provide literacy services to families, extension of the ROTC program to younger students, student-driven public relations initiatives.
Ms. Davis said that the program will be evaluated annually by an independent consultant, and concluded by saying that the Middletown School District has been awarded $600,000 per school year for five years to conduct this project, for a total award of $3,000,000.
Mrs. McLeod and Gordon Dean, Twin Towers Middle School Principal, presented the February 2004 revisions to the District Plan for Shared Decision Making. Commissioner Regulations 100.11 call for shared decision making plans to be updated every two years. Mr. Dean reviewed the changes that were made to the plan.
Mr. Scott presented the District-wide Safety Plan, which the Board will be asked to approve at an April Board meeting. He also reviewed a draft contract for professional services for Clark Patterson Associates for the High School renovation, which the Board will also be asked to approve at its next meeting.
Mrs. Botti reviewed changes to the following policies: Reporting Child Abuse in an Educational Setting (Revised), and Suspected Child Abuse and Maltreatment (Revised). In accordance with Board policy, these policies will be presented for Board adoption at the next meeting of the Board.
Mr. McCormack made a motion, seconded by Mrs. Botti, to approve Special Services Memorandum #16, copy attached:
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
Mr. McCormack made a motion, seconded by Mr. Crescenzo, to approve Financial Memorandum #16, copy attached.
Ayes: Best, Crescenzo, Elliott, Estrada, McCormack, Perrino, Botti, Markovits – 8. Noes: None. Motion was unanimously approved.
No visitors asked to be heard.
Roundtable:
Mr. Estrada spoke about the natural reaction that will occur if items are too expensive. He also emphasized the importance of investigative reporters finding the facts from both sides in order to get to the truth of a matter.
Mr. Crescenzo spoke about the need to recognize the generosity of our local merchants. He also spoke about anonymous letters, expressing the belief that these letters should not be read. Mrs. Markovits noted that the Board is legally obligated to investigate certain anonymous letters.
Mr. Crescenzo said that the students should be encouraged to remain at Board meetings so they can hear comments made by Board members during this portion of the meeting. He addressed some of the differences in civil and criminal law as opposed to State Education Law, and said that much of this information can be viewed at the SED website.
Mrs. Botti clarified that the Board president presents diplomas to graduates. Mrs. Markovits also noted that the Board president and the Superintendent validate the diplomas.
Mrs. Elliott expressed admiration for those who addressed the Board, although she may not agree with all the comments that were made.
Mr. Perrino spoke about issues with the lapboard and ventilation at the pool. He also requested a report on the Chorley and Truman Moon projects.
Mr. McCormack and Mrs. Markovits addressed the use of schools by community groups during school breaks. A history of the agreement with the District and Middletown Parks and Recreation was requested.
Dr. Best said that it was good that the Board will be presenting information to the High School students concerning the 3020-a process.
Mrs. Markovits said that those who pursue a career in journalism must do their own research, and not rely on other media. She said that when the Board addresses the High School students they cannot and will not address specifics of any matter currently in arbitration in order to safeguard due process rights.
At 11:05 p.m., Mrs. Elliott made a motion, seconded by Mr. Estrada, to have an executive session to hear an appeal of a Superintendent’s hearing. Motion was unanimously approved.
Public session resumed at 12:02 p.m. There being no further business, the meeting was adjourned at this time.
Respectfully submitted,
Alicia E. Olsen
School District Clerk
ENLARGED CITY SCHOOL DISTRICT
OF MIDDLETOWN, NEW YORK
PUPIL PERSONNEL/SPECIAL SERVICES
MEMORANDUM #16
TO: Board of Education
FROM: Selena Fischer, Director for Pupil Personnel & Special Services
DATE: March 18, 2004
RE: Committee on Special Education/Committee on Preschool Special Education
Resolved, that the special programs and services required by the recommendations in the Pupil Personnel/Special Services Memorandum No. 16 dated March 18, 2004, shall be implemented by the Board of Education within the time period provided by law, and
Be it further resolved, that the proposed appointments set forth below to the CSE and CPSE are hereby confirmed.
1. COMMITTEE ON SPECIAL EDUCATION RECOMMENDATIONS REACHED AT THE FOLLOWING MEETING(S):
February 10, 11, 12, 17, 18, 19, 25, 2004
2. COMMITTEE ON PRESCHOOL RECOMMENDATIONS REACHED AT THE FOLLOWING MEETING(S):
March 16, 2004
3. APPOINTMENTS TO COMMITTEE ON SPECIAL EDUCATION:
MEMBER NAME POSITION EFFECTIVE
4. APPOINTMENTS TO COMMITTEE ON PRESCHOOL SPECIAL EDUCATION:
MEMBER NAME POSITION EFFECTIVE
5. APPOINTMENTS OF SURROGATE PARENTS:
MEMBER NAME POSITION EFFECTIVE
ENLARGED CITY SCHOOL DISTRICT
OF MIDDLETOWN, NEW YORK
FINANCIAL MEMORANDUM #16
TO: Board of Education
FROM: Lorelei Case, School Business Administrator
DATE: March 18, 2004
RE: Financial Memorandum #16
1. Budget Transfer #11Approved