BOARD OF EDUCATION
MIDDLETOWN, NEW YORK
NOVEMBER 20, 2008
A regular meeting of the Board of Education of the Enlarged City School District of Middletown, New York was held Thursday, November 20, 2008, at the Board of Education Office, 223 Wisner Avenue, Board Vice President Lynne Perkins, presiding.
Present: Mr. Geiger, Mrs. Isseks, Mrs. Knapp,
Mrs. Martinez (left at 11:21 p.m.), Mr. Paul (left at 11:35 p.m.), Ms. Perkins, Mr. Perrino, Ms. Tobiassen (left at 11:35 p.m.) - 8.
Absent: Dr. Mauro - 1.
Others Kenneth Eastwood, Superintendent of Schools
Attending: Elizabeth McKean, School Business Administrator
Richard DelMoro, Director of Secondary Education
Paul Weir, Director for Personnel Services
Selena Fischer, Director for Pupil Personnel & Special Services
Thomas Scott, Superintendent of Buildings & Ground
Ms. Perkins called the meeting to order at 6:45 p.m. Mrs. Knapp made a motion, seconded by Mrs. Martinez, to have an executive session to discuss matters leading to the appointment or employment of a particular person.
Public session resumed at 7:45 p.m.
Mr. Perrino led the pledge to the flag.
Mr. Paul made a motion, seconded by Mrs. Isseks, to approve the agenda . A discussion pursued.
Mr. Perrino requested that Written Correspondence be added to the agenda, to include a letter from Mr. Estrada and another letter that Mr. Perrino received this evening.
Ms. Tobiassen stated that she would be voting “no” to approve the agenda because previously discussed was Policy #1510 - any changes to the agenda would not be done after pre-agenda. Any changes to the agenda should have been made and amended at the table, not by Ms. Perkins, noting that Roundtable and two Opportunity’s to Address the Board were added.
Mrs. Martinez questioned if 24-hour notice was given on the letter that Mr. Perrino received.
Ms. Perkins stated that if the gentleman is here who supplied the letter to Mr. Perrino, he can read it himself during Opportunity to Address, that it was addressed to Mr. Perrino only, not to the entire Board.
Mr. Geiger stated that he would be voting “no” to approve the agenda for the same reasons that Ms. Tobiassen stated and recommended adding Written Correspondence to the agenda.
Ms. Perkins stated that she felt that the topics on the agenda were too important not to add an Opportunity to Address the Board and stated that she received no objections by email requesting to add these items. Ms. Tobiassen stated that she objected by email.
Ms. Perkins called from the original motions, to vote on the approval of the agenda as amended, by adding Written Correspondence.
Ayes: Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul, Ms. Perkins,
Mr. Perrino – 6. Noes: – Mr. Geiger, Ms. Tobiassen – 2. Motion was declared approved.
Mrs. Knapp made a motion, seconded by Mr. Geiger, to approve the minutes of October 30, 2008 and November 6, 2008.
Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul,
Ms. Perkins, Mr. Perrino, Ms. Tobiassen – 8. Noes: – None. Motion was unanimously approved.
Ms. Towle read a letter from Mr. Estrada concerning comments made at a previous meeting (copy of letter available upon request).
Ms. Perkins stated that our attorney provided a statement saying that there is no legal foundation to the contents of Mr. Estrada’s letter.
OPPORTUNITY TO ADDRESS THE BOARD
- Ralph Savarese – Addressed the letter that he gave to Mr. Perrino, stating his concerns regarding the construction of the new elementary school and getting another study done.
- Justin & Robert Lucchese – Read a letter from their father, Eugene Lucchese, asking that the Board reconsider reinstating the NJROTC Varsity Air Rifle Team to the High School (copy of letter available upon request).
- Shauna Reeder – Expressed her gratitude for the Board’s service to the community. Asked that the Board awards contracts to local vendors, and that decision making on contracts should be public information, debating should be based on facts.
- Andres Gonzalez – Read his letter which addressed his opinions regarding lack of diversity among the instructional staff employed in the District (copy of letter available upon request).
Mrs. Isseks made a motion, seconded by Mr. Paul, to reinstate Middletown NJROTC Varsity Air Rifle Team to the Middletown High School. A discussion pursued.
Dr. Eastwood explained that the Air Rifle Team was stopped at the High School and the issue was not necessarily resolved, and that discussing it would violate employee/employer relationship and contractual obligations. He stated this is a personnel matter that must be discussed in executive session. A discussion further pursued regarding ownership and inventory of the equipment. Mr. Perrino and Mr. Geiger stated that they would each donate two rifles to the team next year.
Ms. Perkins called from the original motions, to vote to reinstate Middletown NJROTC Varsity Air Rifle Team to the Middletown High School.
By roll-call vote:
Ayes: Mrs. Isseks, Ms. Perkins – 2. Noes: Mr. Geiger, Mrs. Knapp, Mrs. Martinez, Mr. Paul, Mr. Perrino, Ms. Tobiassen – 6. Motion was defeated.
Mr. Paul made a motion, seconded by Mr. Geiger, to approve the following resolution:
WHEREAS, the Board of Education owns air rifles bearing serial numbers as described and related equipment in the attached Exhibit, which were formally used as part of the ROTC Air Rifle program; and
WHEREAS, the Board of Education determines that such property is no longer needed for school purposes; and
WHEREAS, the Board of Education desires to donate the air rifles it owns to the American Legion Post No. 151, 185 Waywayanda Ave, Middletown NY 10940 ; and
WHEREAS, the Board of Education’s current policy governing the disposal of surplus school property (Policy No. 5250) requires the Superintendent to first attempt a sale of such property in order to maximize net proceeds; and
WHEREAS, the Board does not believe it to be in the best interests of the Enlarged City School District of Middletown (“District”) to sell air rifles in order to maximize revenue; and
WHEREAS, the Board recognizes that amending Policy No. 5250 to authorize the Superintendent to proceed immediately to disposing of such surplus property in any appropriate manner without first attempting to sell it, when a sale would not be in the best interests of the District;
NOW, THEREFORE, BE IT RESOLVED that, the Board wishes to amend Policy No. 5250 to read as follows:
Non- Instructional Business Operations
SUBJECT: SALE AND DISPOSAL OF SCHOOL DISTRICT PROPERTY
Sale of School Property
No school property shall be sold without prior approval of the Board of Education. However, the responsibility for such sales may be delegated. The net proceeds from the sale of school property shall be deposited in the General Fund.
Disposal of District Personal Property
School District equipment that is obsolete, surplus, or unusable by the District shall be disposed of in such a manner that is advantageous to the District.
The Superintendent will be responsible for selling the equipment in such a way so as to maximize the net proceeds of sale which may include a bona fide public sale preceded by adequate public notice. If it is determined that reasonable attempts to dispose of the equipment have been made and such attempts have not produced an adequate return, or that selling such equipment would not be in the best interests of the District, the Superintendent or his/her designee may dispose of the equipment in any manner which he/she deems appropriate.
Textbooks may lose their value to the educational program because of changes in the curriculum or they contain outdated material and/or are in poor condition.
If textbooks are no longer useful or usable, the procedures for disposal shall adhere to the following order of preference:
a) Sale of textbooks. If reasonable attempts to dispose of surplus textbooks fail to produce monetary return to the School District; then
b) Donation to charitable organizations; or
c) Disposal as trash.
Education Law Sections 1604(4), 1604(30), 1604(36), 1709(9), 1709(11), 2503, 2511 and 2512 General Municipal Law Sections 51 and 800 et seq.
AND BE IT FURTHER RESOLVED that, in accordance with Policy No. 1410, the Board of Education waives the second reading of Policy No. 5250 as amended; and
BE IT FURTHER RESOLVED that, the Board of Education hereby adopts Policy No. 5250 as read and amended.
BE IT FURTHER RESOLVED, that the Board of Education authorize the Superintendent to donate the air rifles listed in Exhibit A to the American Legion Post No. 151, 185 Waywayanda Ave, Middletown NY 10940.
(EXHIBIT “A” ATTACHED)
By roll-call vote:
Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul,
Ms. Perkins, Mr. Perrino, Ms. Tobiassen – 8. Noes: None. Motion was unanimously approved.
Dr. Eastwood presented information on the upcoming new elementary school referendum.
Dr. Eastwood advised that any tax increase would come from inflationary reasons, and it would not come from this project. His projection from start to finish if the referendum passes would be September, 2011, if we use the current architect. If we consider hiring a new architect, there must be an RFP selection process, they have to learn concepts, which would be a 6-month extension, bringing the project to 2012. In real terms, so we wouldn’t be moving the kids in the middle of the year, the projection date would be September, 2012.
Dr. Eastwood stated that all of the facts were presented to the Board at the special meeting on October 30, on bringing BOCES Special Education students back to the district to educate here.
Dr. Eastwood advised that every meeting is a public meeting and a referendum of this type understands that this public. All interested parties can come and ask questions and every meeting we will provide that opportunity.
Dr. Eastwood said that he would write a letter to the head of Facilities Planning at the State Education Department inquiring as to whether we have experienced an excessive amount of change orders with RSA Architects.
OPPORTUNITY TO ADDRESS THE BOARD
- Ed Estrada – Commented on the discussions this evening regarding change orders and Special Education students coming into the district pertaining to the proposed new elementary school.
- Theresa Roberts – Supports the new school building, stating that the kids need the space now whether taxes go up or not. Questioned who decides on bringing BOCES students back to the district. Mrs. Fischer advised that the Special Education Committee will decide and will meet with the parents.
- John Gennarelli – Discussed the Guardian Angels being at a previous meeting, reviewed the discussions this evening regarding the architects and access roads. Asked the Board members to consider letting Dr. Eastwood know that he is doing a good job.
- Karen Mann – Expressed her concerns about the Board’s behavior and that school events were not talked about this evening.
ROUNDTABLE/BOARD MEMBER REPORTS
Mr. Perrino said that there were comments from people that the Guardian Angels were at a previous meeting to prevent people from speaking at the microphone and he advised that it was not the Board of Education who had invited them to the meeting.
Mr. Perrino asked how much of our attorney’s retainer have we used since July, how many hours have been used by each person calling them, and what do we have left.
Mr. Perrino reported events going on in the district:
Cabaret at Monhagen Media Center
Lend Me a Tenor performance at the High School (was completely student run)
Executive Principal, Alan Gonzalez and staff are hosting 1st Thanksgiving Day Brunch
Mr. Paul stated that the Guardian Angels are community members and came to the Board meeting as members of the community and no one asked them to come.
Ms. Tobiassen commented on student’s artwork not being hung in the conference room and that we need to acknowledge what our students have done.
Mr. Geiger acknowledged positive happenings and what our students are doing in the district: Track & Field program starting in the spring, Section 9 playoff games at the stadium, article in The Record on the new cafeteria, thanked administration on Chorley project (also thanks by Mrs. Knapp).
Ms. Perkins reported there will be an Excellence Ice Cream Social on December 11 and 12 and the information will be posted on Channel 20. Ms. Perkins stated that no Board member called the Guardian Angels to come to the meeting and spoke to Chief Hertman about their right to be here.
Dr. Eastwood commended the High School staff who will be giving up their personal time to serve turkey on Thanksgiving to those in need.
There being no further business, at 11:35 p.m., Mr. Paul made a motion, seconded by Mrs. Isseks, to adjourn the meeting. Motion was unanimously approved.
Michelle K. Towle