The Regular Board of Education Meeting was called to order at 6:02 p.m. at the Herkimer Jr/Sr High School Media Center by President Crandall and the Pledge of Allegiance was said.
This meeting was open to the public, but in accordance with current regulations, attendance will be virtual only. The public may view the meeting live via a web link on the district’s website. A recording and transcript from the meeting will also be made available following the meeting.
President Crandall explained due to the current circumstances in our community regarding the COVID-19 pandemic, our Board of Education meetings are being conducted virtually. Because of this, members of the public who wished to submit a comment for the Board of Education meeting had the opportunity to email epopek@herkimercsd.org prior to the meeting. President Crandall also explained the Board of Education 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 Comment
The Board of Education heard no comments from the public.
Approval of the Agenda
Mr. Petucci moved, and Ms. Fischer seconded a motion to formally approve the consent agenda. All voted in favor; motion carried 6:0.
Board Communication
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. Ms. Gilbert moved, and Mr. Lewis seconded a motion to place all appropriate Board Communications on file with the District Clerk. All voted in favor; motion carried 6:0.
Approval of the Minutes
Ms. Bray moved and Ms. Gilbert seconded a motion to formally approve the Regular Board of Education Meeting minutes from Wednesday, December 16, 2020. All voted in favor; motion carried 6:0.
Business Report
Upon recommendation of Superintendent Miller, on a motion made by Mr. Petucci seconded by Ms. Fischer, the BOE accepts receipt of the November Treasurer’s Report, December Revenue Status Report, Appropriation Status Report, General Warrant totaling $525,894.26, Capital Warrant totaling $96,865.71, Trust and Agency Warrant totaling $1,132,633.70 the December Exceptions Report, HES/HHS Extra Curricular Treasurer’s Report, Capital Project Change Order Update and two (2) Budget Transfer under the $5,000 total. All voted in favor; motion carried 6:0. [Material filed in the supplemental file dated 01-13-2021]
Budget Transfers Over
Upon recommendation of Superintendent Miller, on a motion made by Mr. Lewis, seconded by Ms. Fischer, the BOE approved three (3) budget transfer over the $5,000 limit totaling $130,000. All voted in favor; motion carried 6-0. [Material filed in the supplemental file dated 01-13-21]
New York Liquid Asset Fund (NYLAF) Resolution
WHEREAS, the undersigned, being a majority of the Board of the Herkimer Central School District (the “Board”), hereby adopt, and by executed counterpart, approve, as of the 13th day of January, 2021, the following actions and resolutions:
WHEREAS, the Herkimer Central School District is a Participant in the New York Liquid Asset Fund (“NYLAF”), as defined in a Municipal Cooperation Agreement, as amended and restated as of August 1, 2019 (the “Agreement”); and
WHEREAS, the Governing Board of NYLAF (the “Governing Board”) wishes to amend the definition of Investment Consultant and Marketing Agreement to be PMA Asset Management, LLC and PMA Securities, LLC, respectively:
WHEREAS, the Governing Board has adopted a resolution on November 19, 2020 to effect such change and seeks approval of each Participant;
WHEREAS, pursuant to Section 13.1 of the Agreement, each Participant has 60 days from the date of the adoption of the Governing Board’s resolution authorizing the proposed change by the Governing Board to approve the proposed amendment: and
WHEREAS, (A) a Participant shall be deemed to have given notice of approval of the proposed amendment if it has theretofore delivered to the Governing Board an executed counterpart of the proposed amendment and a certificate, in a form acceptable to the Governing Board, to the effect that: (i) such Participant has held any necessary public hearings, conducted any necessary referenda and obtained any necessary consents of governmental agencies; (ii) the proposed amendment has been approved by a majority vote of the voting strength of such Participant’s governing body; and (iii) such Participant has satisfied any other requirements applicable to its making contracts; or (B) a Participant shall be deemed to have given notice pursuant to the provisions of Section 7.2 hereof of its intent to withdraw from the Agreement;
NOW, THEREFORE, BE IT:
RESOLVED, that the Board approves the following:
(a) The Definitions set forth in Article I of the Agreement shall be amended as follows:
“Investment Consultant” means PMA Asset Management, LLC, or such other Person who shall be acceptable to the Governing Board.
“Marketing Agent” means PMA Securities LLC, or any other Person or Persons appointed or employed or contracted by the Governing Board pursuant to Sections 4.2 and 10.2 hereof.
“Services and Marketing Agreement” means any agreement entered into with respect to any of the Portfolios by the Governing Board with the Marketing Agent pursuant to this Agreement in connection with the execution of securities transactions and the delivery of securities.
(b) Any other references in the Agreement to RBC Global Asset Management (U.S.), Inc. (RBC GAM-US) or RBC Capital Markets, LLC in the Agreement now be amended to read “PMA Asset Management, LLC” or PMA Securities LLC.”
RESOLVED, that (i) no other public hearing, necessary referenda or governmental consents are necessary for the Board to approve the amendment set forth above and there are no additional requirements of the Board in connection with such approval and (ii) the Board has satisfied all other requirements applicable to its making contracts in connection with its role as Participant.
RESOLVED, that adoption of this resolution by the Board and its certification by the Clerk shall serve as (i) evidence of the approval of the amendment by majority of the Board , (ii) the executed counterpart of the proposed amendment, and (iii) the certificate required by Section 13.1 © of the Agreement, and shall constitute Participant approval of the amendment requested by the Governing Board;
Ms. Bray submitted the above resolution and moved for its adoption. The motion was seconded by Ms. Fischer. The Board of Herkimer Central School District was polled. The motion was adopted by a vote of 6 affirmative votes (being at least a majority of the voting strength of the Board) with 0 negative votes and 0 votes absent.
The undersigned hereby certifies that (s)he is the Clerk of the Herkimer Central School District and that the foregoing is a true and accurate record of the resolution duly adopted at a meeting of the Board of the Herkimer Central School District held on January 13, 2021.
A discussion followed; motion carried 6:0 [Material filed in the supplemental file dated 01-13-2021]
New Records Retention Schedule Resolution
Ms. Fischer moved, and Ms. Gilbert seconded the following Board resolution:
“RESOLVED, by the Board of Education of the Herkimer Central School District that the Retention and Disposition Schedule for New York Local Government Records (LGS-I), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.
FURTHER RESOLVED, that in accordance with Article 57-A:
(a) Only those records will be disposed of that are described in Retention and Disposition Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein;
(b) Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.
A discussion followed; All voted in favor; motion carried 6-0 [Material filed in the supplemental file dated 01-13-2021]
Superintendent Report
Calendar Adjustment: We are making an adjustment to the calendar. February 12, 2021 will be a remote conference day for staff no students. This will expand the length of the February break to ten days including weekends and allow any quarantines school related to clear our systems.
We continue to work with the department of health to operate under our opening plans. The department of health will work with our school when and if surveillance testing becomes necessary. The surveillance testing around the state that has taken place in schools indicate virus levels and spread in schools is low. Should we need to test in schools it will likely show as it has elsewhere that school are safer than the surrounding community.
While the state of revenues for this year, last year and next year are still in flux we have worked to build an estimated budget to return to pre-pandemic staffing and programs for the 2021-22 school year. The estimated budget for 2021-22 would be approximately $26,061,000, an $886,000 or 3.52% increase over last year’s expenditure budget. Salary and benefits drive most of the estimated increases about $323,000 and $376,000 respectively. Debt service payments increase by about $107,000 and contractual expenses are estimated to increase by about $60,000. Although we show only a $14,000 increase in BOCES expenses those expenses may be larger as recent new enrollments in special education programs may drive the BOCES expense a bit higher.
This expenditure budget as presented would restore music positions left vacant this year and restore our pre k program to full day in person programing. We would anticipate a full complement of interscholastic and extracurricular offerings as well.
Our revenue estimate shows basically flat state aid and a tax increase of about 2% which will be a levy limit override. Our other revenue expenditures are down by about $180,000 as we had a planned use of reserves in 2020-21 which will not be available in 2021-22. In this model we would need to use about $1.7 million in fund balance which is untenable.
The federal relief package passed in December contains school aid which will flow to our school eventually through the state. There is a strong likelihood that any federal aid that flows to the school will be subtracted from state aid on the other end leaving the school without any direct federal aid. That said if the district receives the aid we are supposed to receive either directly from the state or from flow through the federal government we should end the 2020-21 school, year without using fund balance.
The governor may elect to develop his budget slightly sooner with recent federal level political developments as he now has more confidence that there will be a substantial state and local bailout from the federal government. Our plan would be to develop a budget which will return our schools and programs to as large an extent possible to pre-pandemic level. We will be working as an administrative team to develop contingencies for the many possible outcomes that may occur in the quickly changing financial picture of the state.
A discussion followed.
Administrative Reports
Mr. Abbe and Ms. Tomaso discussed that overall, our students were doing well and wished they could be at school more since they are more focused when in-person. They spoke of how the high school professional development day addressed ways to increase student engagement on remote instruction days, and how social/emotional support is an important piece of virtual instruction. Ms. Vogt also expressed that students at the elementary level are also doing well and happy to be in school. Discipline issues are almost non-existent, and parents are happy that our schools are open. Learning is definitely better when in person.
A discussion followed.
Staffing Recommendations
Mr. Petucci moved, and Ms. Bray seconded the motion to table agenda item 7b. Staffing Recommendations until after Executive Session. All in favor; 7:0.
CSE/CPSE Program / Placement Recommendations
Upon recommendation from Superintendent Miller, on a motion made by Ms. Fischer, seconded by Mr. Lewis, 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 7:0. [Material filed in the supplemental file dated 01-13-2021]
Board of Education Reports
Policy Review
Ms. Fischer moved, and Ms. Gilbert seconded a motion to formally delete Policy #6303 (Leaves of Absence for COVID-19 Qualifying Reasons). A discussion followed.
All voted in favor; motion carried 7:0. (Material filed in the supplemental file dated 01-13-2021)
President’s Update
President Crandall thanked our teachers, staff and administration for everything they have done and continue to do to keep our students in school.
Future Meeting Dates/Agenda Items
The next scheduled BOE meeting will be on Wednesday, February 10, 2021 at 6 p.m. via google meet. Herkimer BOCES will be presenting their 2021 budget.
Meeting Evaluation
Mr. Lewis, this evening’s meeting evaluator, presented his review of the January 13, 2021, Board of Education meeting.
Ms. Gilbert moved, and Ms. Fischer seconded a motion to move into Executive Session for the purpose of discussing personnel and negotiations. 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 7:0.
Executive Session
The Board moved into Executive Session at 7:02 p.m.
The Board exited Executive Session at 7:32 p.m.
Ms. Bray moved, and Mr. Petucci seconded a motion to remove from the table, agenda item 7.b. Staffing Recommendations. All voted in favor; motion carried 7:0
Upon the recommendation of Superintendent Miller, on a motion made by Mr. Lewis, seconded by Ms. Bray, the BOE approved the following personnel actions:
Resignation:
Name: Bryant, Cheryl
Position: Long-Term Licensed Teaching Assistant – Elementary School
Effective Date: December 28, 2020
Remote Instruction Appointment:
Name: Becker, Jenna
Position: Remote Instruction for 1 hour per day on an as needed basis
Salary: $45.00/hr.
Substitute Appointment:
Name: Mackenzie, Maria
Position: Long-Term Licensed Teaching Assistant
Effective Date: February 1, 2021 – June 30, 2021
Salary: 6 hr. day/$100 per day
All voted in favor; motion carried 7:0 [Material filed in the supplemental file dated 01-13-2021]
Adjournment
On a motion made by Ms. Gilbert and seconded by Ms. Fischer, the BOE adjourned the public meeting at 7:36 p.m. All voted in favor 7:0.