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Feb. 13, 2019, Board of Education minutes

The regular meeting was called to order at 6:04 p.m. in the Jr./Sr. High School Cafeteria by President Brian Crandall and the Pledge of Allegiance was said.

President Crandall welcomed members in the audience, staff members, and students from Mrs. Scalise’s Social Studies class to this evening’s meeting. He informed the Board that Mark Conley and Diann Fischer were unable to attend the meeting due to a personal/work commitment respectively.

He explained to all that the Board of Education sets aside time at each Board meeting to give those in the audience an opportunity to address the Board directly on any subject they wished to discuss.

President Crandall explained the BOE welcomes public comment and community input at meetings. However, we caution that we are not authorized to engage in conversations pertaining to individual students, faculty, staff, or administrators. Topics of this nature may only be discussed during executive session and must be coordinated with the Superintendent of Schools prior to a BOE meeting.

Public Comments

No public comments were heard.

Approval of the Agenda

Mr. Petucci moved and Ms. Gilbert seconded a motion to  formally  approve  the  meeting agenda as submitted. All voted in favor; motion carried 5:0.

Board Communications

Superintendent Miller indicated that the Board received several informational items that were not included in their Board packet for information only and noted they will be referred to later in the meeting.

Mr. Petucci moved and Ms. Giffune seconded a motion to place all appropriate Board Communications on file with the District Clerk. All voted in favor, motion carried 5:0.

Board Recognitions

Superintendent Miller and several BOE members provided the following Board Recognitions:

  • Student artists were recognized: Oliver Lesniak (Kindergarten), Kaden Simonds and Iliza Carpenter (Grade 1), Dante Johnston (Grade 4); Art 8 student ME projects, Victor Colon, Jr. Emmi Baker and Amaya Chabrier (Grade 9) and Tracy Xaio (Grade 11)
  • Congratulations to all who participated in the First LEGO League robotics competition for winning the Core Values Teamwork award last month SUNY Polytechnic Institute;
  • A special thank you to Mr. Halligan for giving a very powerful and moving presentation regarding his son Ryan’s death by suicide entitled, “Ryan’s Story” held at the high school;
  • Congratulations to the Track Team for placing in the top ten;
  • Congratulations to Melia Couchman [Grade 8] for section III Class CD Champion in Pole Vault;
  • Congratulations also went out to Varsity Boys Basketball player Jordan Lanaux [Grade 11] for hitting his.1, 000career point;
  • To everyone involved in providing this evening’s refreshment.

Approval of the Minutes

Upon the recommendation of Superintendent Miller, on a motion made by  Ms. Giffune, seconded by Ms. Gilbert, the BOE approved the regular meeting minutes of Wednesday, January 16, 2019, as presented. All voted in favor; motion carried 5:0.

Business Reports

Upon the recommendation of Superintendent Miller, on a motion made by Mr. Petucci seconded by Mr. Mihevc, the BOE accepted receipt of the following reports for the mo1.1th of January 2019: General Warrant, which represents 180 checks with payments totaling  $1,333,736.20;  a  Federal Warrant, which represents seven (7) checks with payments totaling $245,580.34; a Capital Warrant, which represents seven (7) checks with payments totaling $78,767.62; the  Trust and Agency Warrant, which covers items dealing with payroll [insurance, withholdings, etc.J: totaled $1,037,692.77, along with four (4) budget transfers under the $5,000 limit totaling $60,700.00. Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

The BOE acknowledged receipt of Ms. Rein’s, Claims Auditor report, for the month  of January in which no exceptions were found.

Budget Transfers

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Giffune, seconded by Mr. Mihevc, the BOE approved five (5) budget transfers totaling $12,400.00 as presented. Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 02/13/19.]

Bid Acceptance Award – 2014  EXCEL Renovations – Phase 3

Superintendent Miller presented information from King & King Architects that the district received several bids at a bid opening on Wednesday, February 6, 2019. [Material filed in the supplemental file dated 2/13/19.]

The following bid proposal was reviewed:

General Construction Contract: Award of contract to the lowest qualified bidder, Beebe Construction Corp., Utica, New York in the following amount:

  • Base bid: $553,000
  • Alternate L – 0 1: Not taken
  • Alternate L – 0 2: Not taken
  • Alternate G-07: Not taken
  • Alternate G-08: Not taken
  • Total: $553,000

Electrical Contract: Award of contract to the lowest qualified bidder, Automation Experts, Inc., Utica, New York in the following amount:

  • Base bid: $190,650
  • Alternate E-03: Not taken
  • Alternate E-04: Not taken
  • Alternate E-05: Not taken
  • Alternate E-06: Not taken
  • Alternate E-09: $5,000
  • Alternate E-10: $5,000
  • Alternate E-11: $5,600
  • Alternate E-12: $31,000
  • Total: $227,250

Plumbing Contract: Award of contract to the lowest qualified bidder, Kipper Plumbing & Heating, Altamont, New York in the following amount:

  • Base bid: $112,557
  • Alternate P-11: $300
  • Total: $112,857

HVAC Contract: Award of contract to he lowest qualified bidder, Giruzzi Plumbing & Heating, Inc., Utica, New York in the following amount:

  • Base bid: $656,000
  • Alternate H-09: $64,000
  • Alternate H-10: $31,000
  • Alternate H-11: $28,000
  • Total: $779,000

Temperature Controls Contract: Award of contract to the lowest qualified bidder, Day Automation, E. Syracuse, New York in the following amount:

  • Base bid: $84,728.83
  • Alternate H-09: $11,561.58
  • Alternate H-10: $8,965.55
  • Alternate H-11: $5,400.27
  • Total: $110,656.23

These amounts add up to a total construction cost of $1.782,763.23.

Superintendent Miller informed the Board that contracts should be awarded contingent upon receipt of proper bonding and insurance certifications (including review and approval by the District’s legal and insurance counsel) and other required documents from the successful bidder.

Ms. Giffune moved and Mr. Mihevc seconded a motion to accept the 2014 EXCEL Renovations-Phase 3 to the Elementary School and Jr./Sr. High School (King & King Project #17-44- 5994 as presented. Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

Central Association for the Blind and Visually Impaired Rehabilitation Services Agreement

Upon the recommendation of Superintendent Miller, the following resolution was offered by Ms. Giffune who moved its adoption and seconded by Ms. Gilbert, to wit:

“BE IT RESOLVED, the Herkimer CSD has the need for an independent contractor to perform rehabilitation services set forth herein and enters into such an agreement with Central Association for the Blind and Visually Impaired; and

WHEREAS, it is the District’s desire to enter into this agreement commencing on September 6, 2018, thru June 26, 2019; per terms and conditions of the agreement.”

Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

Simply Special Learning Center, LLC Agreement

Upon the recommendation of Superintendent Miller, the following resolution was offered by Ms. Giffune who moved its adoption and seconded by Mr. Petucci, to wit:

“BE IT RESOLVED, the Herkimer CSD has the need for an independent contractor to perform educational and therapeutic services set forth herein. and enters into such an agreement with Simply Special Learning Center, LLC during the 2018-2019 school year for two (2) students in the Home Instruction Program; and

WHEREAS, it is the District’s desire to enter into this agreement for the 2018-2019 school year; per terms and conditions of the agreement.”

All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

Speech-Language Therapy of CNY Agreement

Upon the recommendation of Superintendent Miller, the following resolution was offered by Ms. Giffune who moved its adoption and seconded by Ms. Gilbert, to wit:

“BE IT RESOLVED, the Herkimer CSD has the need for an independent contractor to perform speech language therapy services set forth herein and enters into such an agreement with Speech-Language Therapy of Central New Yark, LLC; and

WHEREAS, it is the District’s desire to enter into this agreement for the 2018-2019 school year; per terms and conditions of the agreement.”

All voted in favor; motion carried 5:0. (Material filed in the supplemental file dated 2/13/19.]

Retiree Drug Subsidy Re-Opening Service Agreement

Upon the recommendation of Superintendent Miller, the following resolution was offered by Mr. Petucci who moved its adoption and seconded by Mr. Mihevc, to wit:

“IT IS HEREBY RESOLVED, the Board of Education does hereby authorize this agreement between Retiree Drug Subsidy (RDS) Re-opening Services LLC and the Herkimer Central School District effective February 13, 2019; and

IT IS FURTHER RESOLVED, according to the agreement, eligible individuals are able to obtain certain retiree health care benefits. The Herkimer Central School District desires to engage in the RDS with certain requirements and opportunities with respect to the Re-Opening of previously closed RDS Applications from plan years; and RDS desires to provide such assistance, on all terms and is subject to the conditions set forth in the Agreement.”

Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

Business Office Update

Superintendent Miller provided the following updates:

PILOT Update: The District is behind as noted earlier on receiving pilots this year. The District budgeted $40,000 in the PILOT payments and have not received anything back at this time. Communications continue with the town and village; however, we still have not received definitive information as of yet. The District has been informed that $4.5 million of assess property owned by FOLTS will be returned to the rolls next year. This represents about 1.5% of our assessed value, therefore, this will positively affect tax rates next year and offset any proposed tax increase.

Budget Update: Superintendent Miller explained that each BOE member received a detailed 2019-20 initial budget for the administrative, program and capital components. The District is in line for a 4% budget decrease at $24.178 million but have revenue concerns as the State has indicated a budget gap which may curtail any anticipated aid increases. The tax levy limit calculation for the·2019-20 school year is approximately 2.45%. It is the District’s hope to get the levy increase under 2% in the final budget. The District shows a budget gap of $724,000, which would have to be made-up with the appropriated fund balance. The District is working on an informational brochure to use as a tool to help explain to the public and our county legislators the difficulty inequitable state aid distribution causes the Village of Herkimer. Submission of our intent to raise taxes below the levy limit this year will work towards a budget presentation that fits the model for April’s budget adoption.

The NYS Comptroller’s audit is proceeding, and they have selected the 2014 Capital Project as their subject of study. Superintendent Miller anticipates they will be on site for another 20 days before the audit is complete.

The school district still has three (3) emergency days remaining and must return two (2) of those three (3) days. There is still a lot of winter left but, overall, we are still in good shape.

Administrative Reports/Updates

Mrs. Vogt, Ms. Tomaso and Mr. Abbe’s reports were reviewed with the BOE. Discussion followed.

Staffing Recommendations

Mr. Petucci moved Mr. Mihevc seconded a motion to table agenda item 8.C. Staffing Recommendations until after an executive session. All voted in favor; motion carried 5:0.

CSE/CPSE Program/Placement Recommendations

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Giffune seconded by Ms. Gilbert, the BOE approved the Committee on Special Education, the Sub-Committee on Special Education and the Committee on Preschool Special Education program/placement recommendations as presented. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 02/13/19.)

2019-2020 School Calendar Adoption

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Giffune, seconded by Ms. Gilbert, the BOE approved the 2019-2020 School Calendar as presented. Discussion followed. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 02/13/19.]

Board of Education Reports

Ratification of the Herkimer Education Association (HEA) Employee Unit

Mr. Petucci moved Ms. Giffune seconded a motion to table agenda item 9.A. Ratification of the Herkimer Education Association (HEA) Employee Unit until after an executive session. All voted in favor; motion carried 5:0.

Policy Review

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Giffune, seconded by Mr. Petucci the BOE agreed to waive the customary practice of waiving the first and second readings prior to the adoption of policies, and adopts policies #8700-Animals in School­ Study, Handling and Care and #8701-Animals in School-Instructional Purposes. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 02/13/19]

It was noted the policy approved will be available to view on the district’s website.

BOCES Annual Meeting/Board of Education Nominations

President Crandall explained to the BOE that the BOCES Board of Education has one open seat from our district. Please contact him if you have someone to nominate. He also reminded the BOE that the BOCES’ Annual Meeting is scheduled for Thursday, April 4, 2019, at 6 p.m. The BOCES Board/Budget Vote has been scheduled as a part of the regular meeting agenda on Wednesday, April 24, 2019. Please contact Mrs. Judd for registration if interested in attending.

Board of Education Member Updates

Mr. Mihevc inquired about the District’s cell phone policy.

On behalf of the Youth Basketball program, Mr. Petucci thanked the District for the use of the facility during the basketball season; greatly appreciate the accommodations.

Future Meeting Dates

Superintendent Miller reminded the BOE that the next regularly scheduled Board of Education meeting has been scheduled for Wednesday, March 13, 2019, at 6 p.m. in the Jr./Sr. High School Cafeteria, and he confirmed that a quorum would be present for that meeting.

Meeting Evaluation

Ms. Giffune, this evening’s meeting evaluator, presented her review of the February 13, 20l9, Board of Education meeting. It was a good meeting; ran smoothly, well-structured and organized; all aspects of the meeting evaluation were effectively met.

Ms. Gilbert moved and Ms. Giffune seconded a motion to move into an executive session for the purpose of discussing a particular matter involving negotiations with CSEA Part-time, CSEA Full­ time, Herkimer Faculty Association (HFA), Herkimer Education Association (HEA), along with a Memorandum of Agreement and Staffing Recommendations. Also, a particular personnel matter involving the promotion or retention of an employee. The Board may take action in public session after the executive session ends and the Board returns to public session. All voted in favor; motion carried 5:0.

Executive Session

The Board moved into an executive session at 7:07 p.m.

President Crandall declared the public meeting reconvened at 7:50 p.m.

Ms. Gilbert moved and Mr. Petucci seconded a motion to remove from the table, agenda items 8.B. . Memorandum of Agreement, 8.C. Staffing Recommendations and 9.A. Ratification of Herkimer Education Association Employee Unit. All voted in favor; motion carried 5:0.

Memorandum of Agreement

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Gilbert seconded by Ms. Giffune, the BOE approved the Memorandum of Agreement as presented. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 02/13/19]

Staffing Recommendations

Upon the recommendation of Superintendent Miller, on a motion made by Ms. Giffune, seconded by Mr. Petucci, the BOE approved the following personnel action:

Teaching Resignation

  • Name: Burns, Victoria
  • Position: Licensed Teaching Assistant
  • Location: Elementary School
  • Effective: Feb. 8, 2019

Teaching Appointment

  • Name: Burns, Victoria
  • Tenure Area: Special Education (Grades 1-6)
  • Date of Commencement of Probationary Service in Each Tenure Area: Feb. 8, 2019
  • Expiration Date of Probationary Appointment: Feb. 7, 2023
  • To the extent required by the applicable provisions of Education Law Section 2509, 2573, 3213 and 3014, in order to be granted tenure, the classroom teacher or building principal shall have received composite or overall annual professional performance review ratings pursuant to Education Law 3012-d of either effective or highly effective in at least (3) of the four (4) preceding years. If the classroom teacher or building principal receives an ineffective composite or overall rating in the final year of the probationary period, he or she shall not be eligible for tenure at that time. For purposes of this subdivision, classroom teacher and building principal mean a classroom teacher or building principal as such terms are defined in Sections 30-2.2 and 30-3.2 of the Part.
  • Effective: Feb. 8, 2019
  • Salary: Step 1 $39,500 (pro-rated) (2016-2020 Herkimer Faculty Association contract)

Teaching Retirements/Resignations

  • Name: Schoff, Sarah
  • Position: Elementary Education (Third Grade)
  • Location: Elementary School
  • Effective: June 30, 2019

  • Name: Steele, Alan
  • Position: Physical Education
  • Location: Jr./Sr. High School
  • Effective: June 30, 2019

  • Name: Snyder, Julie Lynn
  • Position: Social Studies
  • Location: Jr./Sr. High School
  • Effective: June 30, 2019

  • Name: Zaleski, Timothy
  • Position: Mathematics
  • Location: Jr./Sr. High School
  • Effective: June 30, 2019

Non-Teaching Retirement/Resignation

  • Name: Martyniuk, Sharon
  • Position: School Lunch Aide
  • Location: Jr./Sr. High School
  • Effective: June 30, 2019

Long-Term Substitute

  • Name: Reese, Lora
  • Position: Special Education
  • Location: Jr./Sr. High School
  • Effective: Jan. 28, 2019
    (Reference Item III of the Annual Payment Guidelines for Substitutes)

Non-Teaching Appointment

  • Name: Atkins, Karen
  • Position: Full-Time Cleaner
  • Location: Elementary School
  • Effective Date: March 4, 2019
  • Prob. Period Serv.: 03/04/19-09/03/19
  • Salary: $12.50/hour

2019-2020 Extra-Curricular Appointment

  • Name: Daly, Catherine
  • Position: Spring Drama Club Advisor
  • Salary: $970.00

All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

Ratification of the Herkimer Education Association (HEA) Employee Unit

Upon the recommendation of Superintendent Robert J. Miller, on a motion made by Mr. Mihevc, and seconded by Ms. Giffune, to wit:

“WHEREAS, the negotiating teams for the Herkimer Central School District and the Herkimer Education Association (HEA) executed a tentative agreement on February 13, 2019, calling for the creation of a three-year successor Collectively Negotiated Agreement to the one that expired on June 30, 2019; and

WHEREAS, legislative approval is required by the Board of Education (BOE) in order to implement the funding of said Agreement;

THEREFORE, BE IT RESOLVED that the BOE hereby ratifies the Memorandum of Agreement between the Herkimer CSD and the HEA covering the period from July 1, 2019 through June 30, 2022 and authorizes the funding of those monies necessary to implement the provisions of the 2019-2022 Collectively Negotiated Agreement.”

The BOE authorized Superintendent Miller to sign the contract on the Board’s behalf. All voted in favor; motion carried 5:0. [Material filed in the supplemental file dated 2/13/19.]

On a motion made by Ms. Gilbert seconded by Mr. Petucci the BOE adjourned the public meeting 7:52 p.m. All voted in favor; motion carried 5:0.

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