BOARD OF EDUCATION

MIDDLETOWN, NEW YORK

DECEMBER 18, 2008

A regular meeting of the Board of Education of the Enlarged City School District of Middletown, New York was held Thursday, December 18, 2008, at the Board of Education Office, 223 Wisner Avenue, Board President Nicholas Mauro, presiding.

Present:    Mr. Geiger, Mrs. Isseks, Mrs. Knapp (left at 11:28 p.m),
                   Mrs. Martinez (left at 11:20 p.m.), Dr. Mauro, Mr. Paul,
                   Ms. Perkins (arrived at 8:20 p.m.), Mr. Perrino, Ms. Tobiassen (left at 11:40 p.m.) - 9.

Absent:     None.

Others       Dr. 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

Dr. Mauro called the meeting to order at 6:45 p.m. Mrs. Knapp made a motion, seconded by Mr. Perrino, to have an executive session to discuss employment history, or matters leading to the appointment or employment of a particular person.

Public session resumed at 7:45 p.m.

Ms. Tobiassen led the pledge to the flag.

Mr. Paul made a motion, seconded by Mrs. Martinez, to approve the agenda with the following amendments: Add Roundtable after Number XI (Announcement of December 18, 2008 Unofficial Vote Results); Add Presentation after Personnel Action Items.

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul,
Ms. Perkins, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 9. Noes: None. Motion was unanimously approved.

Mr. Perrino made a motion, seconded by Mr. Geiger, to approve the minutes of June 5, 2008.

By roll-call vote:

Ayes: Mr. Geiger, Mr. Paul, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 5. Noes: Mrs. Knapp, Mrs. Martinez – 2. Abstain – Mrs. Isseks – 1. (Ms. Perkins was not present for this vote). Motion was declared approved.

Mr. Perrino made a motion, seconded by Mr. Geiger, to approve the minutes of September 24, 2008.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mr. Paul, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 6. Noes: Mrs. Martinez – 1. Abstain – Mrs. Isseks – 1. (Ms. Perkins was not present for this vote). Motion was declared approved.

Mr. Perrino made a motion, seconded by Mr. Geiger, to approve the minutes of November 20, 2008.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 8. Noes: None. (Ms. Perkins was not present for this vote). Motion was unanimously approved.

Mr. Paul made a motion, seconded by Mr. Geiger, to approve
Personnel Memorandum #15.

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul,
Ms. Perkins, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 9. Noes: None. Motion was unanimously approved.
Mr. Sussman, Civil Rights Lawyer, was introduced to do a presentation to discuss the following topics:

1) If it is legal and permissible for a public body on a voluntary basis request applicants for employment to indicate their racial and ethnic backgrounds.
2) Whether a public authority under civil rights laws ought to have officers independent of the Personnel Department that are responsible for Title IX and Title VI enforcement.
3) Permissibility of printing ballots in Spanish and English.

A discussion pursued.

Mrs. Knapp made a motion, seconded by Mr. Perrino, to remove Mr. Sussman’s presentation from the agenda. No vote was taken.

At 8:04 p.m., Dr. Mauro called for a recess.

At 8:20 p.m., the meeting resumed.

Mr. Paul proposed the following resolutions:

• All ballots to be printed in both English and Spanish and one bilingual worker at each polling location.
• Board of Education to create a position of Title IX Officer independent of the Personnel office.
• Board of Education to mandate Personnel to send out all applicants a form to self-identify their race and ethnicity.

Mrs. Knapp made a motion, seconded by Ms. Tobiassen, to table the Mr. Sussman’s presentation until we speak to our attorney.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mr. Perrino, Ms. Tobiassen (all Aye votes requested that it be entered in the minutes that no disrespect is meant to Mr. Sussman, but that policy was not followed). - 4. Noes: Mrs. Isseks, Mrs. Martinez, Mr. Paul, Ms. Perkins, Dr. Mauro – 5. Motion was defeated.

At 9:11 p.m., Mr. Geiger made a motion, seconded by Mrs. Knapp, to have a recess. Motion was declared approved.

At 9:25 p.m, the meeting resumed.

A discussion pursued regarding the resolution topics that were presented by Mr. Paul.

Mr. Paul made a motion, seconded by Mrs. Isseks, to table the proposed resolution for ballots to be printed in both English and Spanish.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mrs. Martinez, Mr. Perrino, Ms. Tobiassen – 5. Noes: Mrs. Isseks, Mr. Paul, Ms. Perkins, Dr. Mauro – 4. Motion was declared approved.

Mr. Paul made a motion, seconded by Mrs. Isseks, to table the proposed resolution to create a position for Title IX officer independent of the Personnel office.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mrs. Martinez, Mr. Perrino, Ms. Tobiassen – 5. Noes: Mrs. Isseks, Mr. Paul, Ms. Perkins, Dr. Mauro – 4. Motion was declared approved.

Mr. Paul made a motion, seconded by Ms. Perkins to table the proposed resolution for applicants to voluntarily self-identify their race and ethnicity.

By roll-call vote:

Ayes: Mr. Geiger (requested the minutes reflect the reasoning to be “until we get more information”), Mrs. Knapp (requested the minutes reflect the reasoning to be “until we get more information”), Mr. Perrino, Ms. Tobiassen – 4. Noes: Mrs. Isseks, Mrs. Martinez, Mr. Paul, Ms. Perkins, Dr. Mauro – 5. Motion was defeated.

Dr. Mauro called the question to vote to approve adding to the ballot the application to voluntarily add minority status.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 7. Noes: Mr. Paul, Ms. Perkins – 2. Motion was declared approved.

Mr. Paul made a motion, seconded by Mrs. Martinez to approve the resolution for applicants to voluntarily self-identify their race and ethnicity.

Ayes: Mrs. Isseks, Mrs. Martinez, Mr. Paul, Ms. Perkins, Dr. Mauro – 5. Noes: Mr. Geiger, Mrs. Knapp, Mr. Perrino, Ms. Tobiassen – 4. Motion was declared approved.

OPPORTUNITY TO ADDRESS THE BOARD

• Wendy Manis – Discussed her opinion on how the meeting’s topics were handled. Sons of American Legion #151 made a generous contribution to all nurses office’s in the District, Mt. Carmel collected toiletry items and donated them to the high school. Commended construction at the high school.
• Ed Estrada – Commented on the meeting’s discussions. Questioned how much is left of the school attorney’s retainer. Dr. Mauro advised that the attorney will be here at the 1/8/09 meeting to speak about this.
• Mary Woodward – Advised that she was bothered by some comments made regarding Mr. Gennarelli volunteering.
• Darrell McElroy – Expressed dissatisfaction by how the Board is being run.
• George Figueroa – Advocate for community.
• John Gennarelli – Discussed and gave opinions on the topics of the meeting regarding volunteering and minorities.
• Michael Sussman – Responded to Mr. Gennarelli, gave opinions on the functioning of the Board.
• Nanci Itzla – Former Board member. Suggested a Board retreat. Discussed her experiences as a Board member and gave her opinions on the functioning of the Board.

Dr. Eastwood announced that the Board received an unofficial tally at this time, on the propositions for the referendum vote that was held on this date, December 18, 2008, and it appeared that both propositions passed 2 to 1.

A discussion on the proposed Chorley building projects ensued. Mr. Tom Scott and Mr. Larry Koch, RSA Architects, addressed topics of bidding process, general construction bid questions, costs, change orders, amphitheater and elevator at the High School.

Mr. Paul made a motion, seconded by Mr. Geiger, to approve Special Services Memorandum #10.

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul, Ms. Perkins, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 9. Noes: None. Motion was unanimously approved.

Mr. Paul made a motion, seconded by Mrs. Knapp, to approve Financial Memorandum #12, which includes #’s 1, 2 & 3. #4 was removed and added to the agenda as a separate action item.

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mrs. Martinez, Mr. Paul, Ms. Perkins, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 9. Noes: None. Motion was unanimously approved.

Mr. Paul made a motion, seconded by Mr. Perrino, to approve Resolution – Professional Architectural Services Resulting from Proposition 1 (May 20, 2008 Approved by Public Referendum).

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mr. Paul, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 7. Noes: Ms. Perkins – 1. (Mrs. Martinez was not present for this vote). Motion was declared approved.

Mr. Paul made a motion, seconded by Mrs. Knapp, to approve Extension of Contract for Professional Services with GLMC Ltd. (Clerk of the Works).

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mr. Paul, Mr. Perrino, Ms. Tobiassen, Dr. Mauro – 6. Noes: Mrs. Isseks, Ms. Perkins (reasoning was that it was not put out for bid) – 2. (Mrs. Martinez was not present for this vote). Motion was declared approved.

Mrs. Knapp made a motion, seconded by Mr. Paul, to approve Contract – School Clerk Consultant.

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Isseks, Mrs. Knapp, Mr. Paul, Ms. Perkins, Dr. Mauro 6. Noes: Mr. Perrino, Ms. Tobiassen – 2 (Mrs. Martinez was not present for this vote). Motion was declared approved.

Mr. Paul made a motion, seconded by Ms. Tobiassen to approve Change Orders – Middletown High School:

Nikko Construction Corp. GC-6 $17,738.25
                                               GC-7 $ 2,320.00
                                               GC-8 $12,075.00
                                               GC-9 $ 1,719.25
                                               GC-10 $ 3,078.94
                                               GC-11 $10,025.59
                                               GC-12 $17,387.00
                                               GC-13 $ 3,820.00
                                               GC-14 $10,209.36
                                               GC-15 $ 6,286.83

Harry F. Rotolo & Sons      E-4 $ 3,000.00
                                               E-5 $14,418.00
                                               E-6 $10,795.45

By roll-call vote:

Ayes: Mr. Geiger, Mrs. Knapp, Mr. Paul, Mr. Perrino, Ms. Tobiassen,
Dr. Mauro – 6. Noes: Mrs. Isseks, Ms. Perkins– 2. (Mrs. Martinez was not present for this vote). Motion was declared approved.

OPPORTUNITY TO ADDRESS THE BOARD 

• John Gennarelli – Commented on code of conduct and questioned board members having dual residency.
• Mary Woodward – Commented on voicing an opinion at meetings and her concerns about the right to volunteer in this district.
• William Geiger – (Requested the minutes reflect that he left the meeting as a Board member and chose to address the Board as a parent and taxpayer). Thanked voters for voting in favor of the 2 propositions. Congratulated High School students, Key Club and Webb Horton Church for raising $1500. Thanked Mr. Scott, Mr. Koch and staff for their efforts in the construction project and moving this district forward. (Mr. Geiger returned to the Board table at this time).
• Roy Paul – Stated that he supported the referendum and supported the community for coming out.
• Lynne Perkins – Stated that she did not support the referendum but does support needing a new building in place of Chorley and that she will now be 100% behind this vote. As a taxpayer, she knows there are many unresolved issues that we are now going to confront in the coming years for this project.

Mr. Perrino spoke about the following: Acknowledged two people retiring with a total of 64 years of service with the district; Teacher Center has 2,500 library materials; visited all buildings in the district and commented on them being well run and clean; applauded Rachel’s Challenge presentation; Ice Cream Social at High School.

There being no further business, at 12:25 a.m., Mr. Perrino made a motion, seconded by Mr. Paul, to adjourn the meeting. Motion was unanimously approved.

Respectfully submitted,

Michelle K. Towle

District Clerk

*Note: Minutes recorded by Mrs. Ancona in Miss Towle’s absence