regular meeting, board of education€¦ · mrs. williams moved the board accept the recommendation...

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Regular Board of Education Meeting - 3/15/12 Page 1 Regular Meeting Board of Education Clare F. Ostrander Elementary School Thursday, March 15, 2012 7:00 p.m. Walk-Through Tour Clare F. Ostrander Elementary School @ 6:30 p.m. 1. Public Comment - Agenda #1 At 7:01 p.m. the floor was opened for public comment. The Board was addressed regarding the Supporters of Music Education and Music Programs at the Wallkill Central School District. 2. Call to Order/Pledge of Allegiance - Agenda #2 At 7:07 p.m. the meeting was called to order by Vice-President Dennis O’Mara, in the Clare F. Ostrander Elementary School All-Purpose Room. Members Present Members Absent Mrs. Anderson Mr. LoCicero Mrs. Crowley Mr. Petroccelli Mr. Frisbie Mr. McCarl Mr. McCullough Mr. O’Mara Mrs. Williams Miss Erica Restaino [Student Board Member] Also present were Superintendent Hecht, Assistant Superintendents Castle and Herrington, and Administrators Anderson, Banks, Becker, Castro, Dart, Devincenzi, Hasbrouck, Kelly, and Rydell. 3. Approve Minutes [2/16/12 Regular Board Meeting] - Agenda #3 Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular Board of Education Meeting. Motion seconded by Mr. McCarl and carried 7-0. 4. Board Committee Reports/Assignments - Agenda #4 Audit Committee: Mrs. Crowley announced that the Audit Committee has not met since the last Board Meeting. The Committee was in contact with the Internal Auditors and received pricing for testing in two areas agreed upon by the Committee. The Internal Auditors will be in District the week of April 23, 2012. Budget Committee: Mrs. Williams reported that a Special Board Meeting will be held on March 22, 2012, in the High School Library/Media Center at 7:00 p.m. and the agenda will be the proposed 2012-2013 budget.

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Page 1: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 1

Regular Meeting Board of Education

Clare F. Ostrander Elementary School

Thursday, March 15, 2012

7:00 p.m.

Walk-Through Tour

Clare F. Ostrander Elementary School @ 6:30 p.m.

1. Public Comment - Agenda #1

At 7:01 p.m. the floor was opened for public comment. The Board was addressed regarding the

Supporters of Music Education and Music Programs at the Wallkill Central School District.

2. Call to Order/Pledge of Allegiance - Agenda #2

At 7:07 p.m. the meeting was called to order by Vice-President Dennis O’Mara, in the Clare F.

Ostrander Elementary School All-Purpose Room.

Members Present Members Absent

Mrs. Anderson Mr. LoCicero

Mrs. Crowley Mr. Petroccelli

Mr. Frisbie

Mr. McCarl

Mr. McCullough

Mr. O’Mara

Mrs. Williams

Miss Erica Restaino [Student Board Member]

Also present were Superintendent Hecht, Assistant Superintendents Castle and Herrington, and

Administrators Anderson, Banks, Becker, Castro, Dart, Devincenzi, Hasbrouck, Kelly, and Rydell.

3. Approve Minutes [2/16/12 Regular Board Meeting] - Agenda #3

Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the

minutes of the February 16, 2012, Regular Board of Education Meeting.

Motion seconded by Mr. McCarl and carried 7-0.

4. Board Committee Reports/Assignments - Agenda #4

Audit Committee:

Mrs. Crowley announced that the Audit Committee has not met since the last Board Meeting.

The Committee was in contact with the Internal Auditors and received pricing for testing in

two areas agreed upon by the Committee. The Internal Auditors will be in District the week of

April 23, 2012.

Budget Committee:

Mrs. Williams reported that a Special Board Meeting will be held on March 22, 2012, in the

High School Library/Media Center at 7:00 p.m. and the agenda will be the proposed 2012-2013

budget.

Page 2: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 2

Mr. Castle provided the Board and audience with a detailed explanation of the Tax Levy Limit.

He encouraged everyone to visit the Wallkill Central School District Website and watch the

Webinar which provides valuable information on the 2012-2013 budget process and Tax Levy

Limit. He also announced upcoming presentation dates:

May 2, 2012 Ostrander Elementary School 7:00 p.m.

May 3, 2012 Annual Budget Hearing at High School Library 8:00 p.m.

May 7, 2012 Plattekill Elementary School 7:00 p.m.

May 8, 2012 Leptondale Elementary School 7:00 p.m.

Buildings & Grounds Committee:

Mr. Frisbie shared that this Committee has not met since the last Board Meeting. The next

meeting is scheduled for March 20, 2012, at 7:00 p.m., at the District Offices. Tetra Tech

representatives will be in attendance and the Building Condition Survey and building

improvements will be discussed. Mr. Frisbie reported that a building walk-though took place

prior to the Board Meeting this evening and that the school looked great. He thanked Than

Harrington, Director of Operations and Maintenance, and his staff for all their hard work.

CDEP Committee:

Mr. O’Mara reported that the CDEP Committee has not met since the last Board Meeting, but

will meet on May 21, 2012, at the Ulster BOCES Conference Center at 9:00 a.m.

Curriculum/TAG Committee:

Mrs. Anderson reported that the Curriculum Committee met on March 5, 2012 and agenda

items included:

RTI Update

Reading Pilot Update [a presentation will be provided at the April 25th meeting]

Technology Update

NYSED Visit to the John G. Borden Middle School Update [the final plan has been

completed and will be submitted to the New York State Education Department]

The next meeting will be held on April 16, 2012, at 7:00 p.m., in the High School Library/Media

Center.

The TAG Committee has not met since the last Board Meeting; a meeting will be held on April

11, 2012, at 7:00 p.m., in the High School Library/Media Center.

Legislative Committee:

Mr. McCullough shared with the Board that the Legislative Committee has not met since the

last meeting but shared some highlights from the Governor’s budget regarding:

Grant Monies

Pre-School Costs

APPR implementation

Pension reforms

Policy Committee:

Mr. McCarl announced that the Policy Committee will hold its next meeting on May 3, 2012, at

6:00 p.m., in the High School Library/Media Center [prior to the Annual Budget Hearing]

Technology Committee:

Mr. O’Mara reported that a Technology Committee Meeting is scheduled for April 17, 2012, at

3:00 p.m., in the High School Library/Media Center.

Page 3: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 3

Wellness Committee:

Mr. Castle informed the Board that the next Wellness Committee Meeting will be held on

March 27, 2012, at 3:15 p.m. in the High School Library/Media Center. Mr. Castle announced

that he will be visiting Albany on March 28, 2012, to learn about the changes to the National

School Lunch Program and as a result of new Federal regulations; the District will be required

to go out to bid, which could result in increased costs.

Student Rep:

Ms. Restaino provided the Board with updates on the many events and activities taking place

at the Wallkill Senior High School:

SGA sponsored Basketball Game [High School Faculty versus Town of Schwangunk

Police]

Food Drive

A Lobbyist Trip to Albany by members of SGA and NHS

Student Forum scheduled for March 20, 2012 [Topic: Foreign Language]

Blood Drive on March 21, 2012

Battle of the Belts Event on May 4, 2012

National Honor Society Induction Ceremony on May 4, 2012

Relay for Life Assembly was held [event takes places on May 12, 2012]

Have a Heart Fundraiser was held [$300 raised for St. Jude’s]

All County Band and Chorus Activities

Band and Chorus Trip to Washington DC [April 12-15, 2012]

Spring Sports are in progress

Continuation of the Crusade Against Bullying

5. Consent Agenda

The use of the Consent Agenda permits the Board of Education to make more effective use of its time

by adopting a single motion to cover those relatively routine matters which are included. Any member

of the Board who wishes to discuss individually a particular piece of business on the Consent Agenda

may so indicate and that item will be considered and voted on separately, thus preserving the right of

all Board members to be heard on any issue.

Mrs. Williams moved items 5A through 5D, 5F through 5G, 6A through 6D and 6F be taken as consent

agenda.

Motion seconded by Mr. McCarl and carried 7-0.

Accept Resignation/Retirement - Non-Instructional - Agenda #5A

The Board accept the recommendation of the Superintendent and accept the resignation for retirement

purposes of Carol Della Giovanna from the position of Full-time [1.0 FTE] Library Clerk, assigned to

the Wallkill Senior High School, effective March 17, 2012.

Approve Appointment - Non-Instructional - Agenda #5B

The Board accept the recommendation of the Superintendent and approve the appointment of Tricia

Vandermark to a Permanent Per Diem Substitute Teacher Aide position, assigned to the Clare F.

Ostrander Elementary School, for the 2011-2012 school year at a salary of $9.81 per hour (Step 3 of the

CSEA Contract) [6.5 hours daily], effective March 16, 2012. Ms. Vandermark replaces Tracie Ryther,

who has resigned.

Page 4: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 4

Approve Appointments - Coaching - Agenda #5C

The Board accept the recommendation of the Superintendent and approve the following appointments

for the Spring 2011-2012 season:

High School:

Derek Calderara Assistant Varsity Track & Field Coach Unpaid

Conor Miller Assistant Varsity Lacrosse Coach Unpaid

Award Tenure - Agenda #5D

The Board accept the recommendation of the Superintendent and award tenure to Meghan Conley in

the area of Reading effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Hillary Fuller in the

area of Special Education effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Keri Hannon in the

area of Mathematics effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Nicole Hutter in the

area of School Psychologist effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Jesse Rasmussen in

the area of Music effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Miguel Rios in the

area of English effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Angela Terralavoro

in the area of Guidance Counselor effective September 8, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Sara Veach in the

area of Guidance Counselor effective September 1, 2012.

The Board accept the recommendation of the Superintendent and award tenure to Evonne Walley in

the area of Home Economics effective September 1, 2012.

Approve Pre-School Special Education Placements - Agenda #5F

The Board approve the placement of Pre-School Special Education students as recommended by the

Committee on Special Education in its February minutes.

Approve Special Education Placements - Agenda #5G

The Board approve the placement of Special Education students as recommended by the Committee on

Special Education in its February minutes.

Approve Use of Facilities - Agenda #6A

The Board accept the recommendation of the Superintendent and approve the use of the John G.

Borden Middle School Gymnasium, by the Wallkill Panthers AAU [for Basketball practice] on the

dates and times as indicated below:

Tuesdays & Thursdays March 1, 2012 through June 28, 2012 6:30 p.m. to 8:30 p.m.

Page 5: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 5

The Board accept the recommendation of the Superintendent and approve the use of the John G.

Borden Middle School Small Gymnasium, by the Wallkill Panther Cubs Wrestling Club [for Wrestling

practice] on the dates and times as indicated below:

Mondays, Wednesdays & Fridays March 2, 2012 through June 8, 2012(*) 6:00 p.m. to 9:00 p.m.

(*) Excluding March 21, 2012 and April 27, 2012

The Board accept the recommendation of the Superintendent and approve the use of the Wallkill Senior

High School Gymnasium, by the Wallkill Panthers AAU [for Basketball practice] on the dates and

times as indicated below:

Mondays, Wednesdays & Fridays March 12, 2012 through June 1, 2012(*) 6:00 p.m. to 9:00 p.m.

(*) Excluding April 9, 20, and 27, 2012 and May 2, 14, 18, 25 and 28, 2012

The Board accept the recommendation of the Superintendent and approve the use of the Clare F.

Ostrander Elementary School Gymnasium, by the Wallkill Panthers AAU [for Basketball practice] on

the dates and times as indicated below:

Mondays, Wednesdays & Fridays March 16, 2012 through June 1, 2012(*) 6:00 p.m. to 9:00 p.m.

(*) Excluding May 25 and 28, 2012

The Board accept the recommendation of the Superintendent and approve the use of the District

Athletic Fields [when available] by Wallkill Area Little League [for Baseball and Softball] on the dates

and times as indicated below:

March 30, 2012 through August 31, 2012 Weekdays 5:00 p.m. to Dusk

The Board accept the recommendation of the Superintendent and approve the use of the Wallkill Senior

High School [Gymnasium], John G. Borden Middle School [Gymnasiums] and Clare F. Ostrander

Elementary School [Gymnasium] by the Wallkill Panthers AAU [for Basketball Tournaments] on the

dates and times as indicated below:

High School

Friday, April 27, 2012 3:00 p.m. to 9:00 p.m.

Saturday, April 28, 2012 7:30 a.m. to 7:30 p.m.

Sunday, April 29, 2012 7:30 a.m. to 7:30 p.m.

Middle School

Friday, April 27, 2012 3:00 p.m. to 9:00 p.m.

Saturday, April 28, 2012 7:30 a.m. to 7:30 p.m.

Sunday, April 29, 2012 7:30 a.m. to 7:30 p.m.

Clare F. Ostrander Elementary School

Friday, April 27, 2012 3:00 p.m. to 9:00 p.m.

Saturday, April 28, 2012 7:30 a.m. to 7:30 p.m.

Sunday, April 29, 2012 7:30 a.m. to 7:30 p.m.

Page 6: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 6

Accept Treasurer’s Reports - Agenda #6B

The Board accept the recommendation of the Superintendent that the Board of Education has reviewed

and accepts the Treasurer's Reports as of February 29, 2012, and Revenues as of February 29, 2012.

Approve Legal Fees [2012-2013 School Year - Agenda #6C

The Board accept the recommendation of the Superintendent and approve the hourly rate for legal fees

to be $200 per hour [for attorneys] effective July 1, 2012 and to be $90 per hour [for paralegal services]

effective July 1, 2012. These fees reflect no increase from the 2011-2012 school year.

Approve Inspection/Maintenance Contract - Agenda #6D

The Board accept the recommendation of the Superintendent and approve the Inspection/Maintenance

Contract between AFA Protective Systems, Inc. and the Wallkill Central School District for a period of

five (5) years at an annual cost of $20,000, effective April 1, 2012.

Approve Resolution - Reserve Funds - Agenda #6F

The Board accept the recommendation of the Superintendent and approve the following resolution:

WHEREAS, on June 16, 2011, the Board of Education of the Wallkill Central School District

(“Board of Education” or “District”) adopted resolutions, which among other things authorized the

following transfers: (1) a transfer of $200,000 from the Employee Retirement Contribution Reserve Fund

to the General Fund for the purpose of paying the employee retirement contribution due and owing to

the New York State and Local Employees’ Retirement System for the 2011-2012 school year; (2) the

transfer of $250,000 from the Workers’ Compensation Reserve Fund to the General Fund to pay for

workers’ compensation expenses, related medical expenses and self-insurance administrative costs

charged to the account of the Wallkill Central School District in the 2011-2012 school year; and (3) the

transfer of $50,000 from the Unemployment Insurance Reserve Fund to the General Fund for the

purpose of reimbursing the State Unemployment Insurance Fund for amounts equivalent to the

benefits paid to claimants and charged to the District’s account in the 2011-2012 school year; and

WHEREAS, the Board of Education now desires to transfer $500,000 from its debt service reserve

fund to the General Fund to pay down budgeted principal and interest, and to rescind the previous

June 16, 2011 resolutions, but only to the extent such resolutions transferred the total sum of $500,000

from the Employee Retirement Contribution Reserve Fund, Workers’ Compensation Reserve Fund and

Unemployment Insurance Reserve Fund;

NOW, THEREFORE BE IT RESOLVED, that the Board of Education hereby: (a) transfers the sum

of $500,000 from its debt service reserve fund to the 2011-2012 General Fund for the purpose of paying

the budgeted principal and interest expenditures; (b) amends and modifies the June 16, 2011

Resolutions to the extent that it rescinds those transfers in the total sum of $500,000 to the 2011-2012

General Fund from the Employee Retirement Contribution Reserve Fund, Unemployment Insurance

Reserve Fund and Workers’ Compensation Reserve Fund; and (c) confirms that other than this

amendment and modification, the June 16, 2011 Resolutions shall remain in full force and effect.

6. Approve Substitutes Lists - Agenda #5E

Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the

lists for individuals for teaching and non-teaching substitute positions.

Motion seconded by Mr. Frisbie and carried 6-0. [WILLIAMS ABSTAINING]

Page 7: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 7

7. Approve Resolution - Refunding Bond Resolution - Agenda #6E

Mr. McCarl moved the Board accept the recommendation of the Superintendent and approve the

following Refunding Bond Resolution:

REFUNDING BOND RESOLUTION:

At a regular meeting of the Board of Education of the Wallkill Central School District, Orange and

Ulster Counties, New York, held at Clare F. Ostrander Elementary School, in Wallkill, New York, in

said School District, on the 15th day of March, 2012, at 7:00 p.m., o’clock Prevailing Time.

The meeting was called to order by Mr. Dennis O’Mara, Board of Education Vice-President and upon

roll being called, the following were

PRESENT:

Mrs. Kathryn Anderson

Mrs. Donna Crowley

Mr. Thomas Frisbie

Mr. James McCarl

Mr. Thomas McCullough

Mr. Dennis O’Mara

Mrs. Tina Williams

ABSENT:

Mr. Joseph LoCicero

Mr. Vincent Petroccelli

The following resolution was offered by Mr. McCarl who moved its adoption, seconded by Mr. Frisbie

to-wit:

REFUNDING BOND RESOLUTION DATED MARCH 15, 2012.

A RESOLUTION AUTHORIZING THE ISSUANCE PURSUANT TO SECTION 90.00 OR SECTION

90.10 OF THE LOCAL FINANCE LAW OF REFUNDING BONDS OF THE WALLKILL CENTRAL

SCHOOL DISTRICT, ORANGE AND ULSTER COUNTIES, NEW YORK, TO BE DESIGNATED

SUBSTANTIALLY “SCHOOL DISTRICT REFUNDING (SERIAL) BONDS”, AND PROVIDING FOR

OTHER MATTERS IN RELATION THERETO AND THE PAYMENT OF THE BONDS TO BE

REFUNDED THEREBY.

WHEREAS, the Wallkill Central School District, Orange and Ulster Counties, New York

(hereinafter, the “District” or the “School District”) heretofore issued $8,610,000 School District

Refunding (Serial) Bonds, 2002A, pursuant to a certain refunding bond resolution dated May 9, 2002

(the “2002 Refunding Bond Resolution”) authorizing the refunding of the then outstanding balance of

(a) $2,090,000 of $4,730,000 School District (Serial) Bonds, 1991 Series A, issued to finance the objects or

purposes as described in Exhibit A-1 attached hereto and hereby made a part hereof, (b) $4,230,000 of

$8,580,000 School District (Serial) Bonds, 1992, issued to finance the objects and purposes as described

in Exhibit A-2, (c) $455,000 of $580,000 School District (Serial) Bonds, 1996, issued to finance the objects

and purposes as described in Exhibit A-3, and (d) $900,000 of $995,000 School District (Serial) Bonds,

1998, issued to finance the objects and purposes as described in Exhibit A-4, and a refunding bond

determinations certificate of the President of the Board of Education dated June 18, 2002 (hereinafter

referred to as the “2002 Refunded Bond Certificate”), such School District Refunding (Serial) Bonds,

2002A, now outstanding in the amount of $660,000, maturing on July 15 annually in each of the years

2012 to 2018, both inclusive, as more fully described in the 2002 Refunded Bond Certificate Series A (the

Page 8: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 8

“2002A Bonds” and the $560,000 bonds maturing in 2013 through 2018 thereof being the “2002A

Refunded Bonds”); and

WHEREAS, the School District heretofore issued $615,000 School District (Serial) Bonds, 2004

- Series A, pursuant to a certain bond resolution dated April 26, 2000, authorizing $17,950,000 serial

bonds to finance the objects or purposes as described in Exhibit A-4 attached hereto and hereby made a

part hereof, and a bond determinations certificate of the President of the Board of Education

(hereinafter referred to as the “2004A Refunded Bond Certificate”), such School District (Serial) Bonds,

2004 - Series A, now outstanding in the amount of $300,000, maturing on June 15 annually in each of

the years 2012 to 2016, both inclusive, as more fully described in the 2004A Refunded Bond Certificate

(the “2004A Bonds” and the $190,000 bonds maturing in 2014 and thereafter being the “2004A

Refunded Bonds”); and

WHEREAS, the School District heretofore issued $15,721,155 School District (Serial) Bonds,

2004 - Series B, pursuant to a certain bond resolution dated April 26, 2000, authorizing $17,950,000 serial

bonds to finance the objects or purposes as described in Exhibit A-5 attached hereto and hereby made a

part hereof, and a bond determinations certificate of the President of the Board of Education

(hereinafter referred to as the “2004B Refunded Bond Certificate”), such School District (Serial) Bonds,

2004 - Series B, now outstanding in the amount of $8,375,000, maturing on June 15 annually in each of

the years 2012 to 2017, both inclusive, as more fully described in the 2004B Refunded Bond Certificate

(the “2004B Bonds” and the $5,825,000 bonds maturing in 2014 and thereafter being the “2004B

Refunded Bonds”); and

WHEREAS, the 2002, 2004A and 2004B Refunded Bonds are hereinafter sometimes

referred to collectively as the “Refunded Bonds”; and

WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one

or more, of the $560,000 outstanding principal balance of the 2002A Refunded Bonds maturing in 2013

and thereafter, the $190,000 outstanding principal balance of the 2004A Refunded Bonds maturing in

2014 and thereafter, and the $5,825,000 outstanding principal balance of the 2004B Refunded Bonds

maturing in 2014 and thereafter, each by the issuance of refunding bonds pursuant to Section 90.00 or

90.10 of the Local Finance Law; and

WHEREAS, each of such refundings will result in present value savings in debt service as so

required by Section 90.10 of the Local Finance Law; NOW, THEREFORE, BE IT

RESOLVED, by the Board of Education of the Wallkill Central School District, Orange and

Ulster Counties, New York, as follows:

Section 1. For the object or purpose of refunding the $6,575,000 outstanding aggregate principal

balance of the Refunded Bonds, including providing moneys which, together with the interest earned

from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be

sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the aggregate amount of unmatured

interest payable on the Refunded Bonds to and including the date on which the Refunded Bonds which

are callable are to be called prior to their respective maturities in accordance with the refunding financial

plan, as hereinafter defined, (iii) the costs and expenses incidental to the issuance of the refunding bonds

herein authorized, including the development of the refunding financial plan, as hereinafter defined,

compensation to the underwriter or underwriters, as hereinafter defined, costs and expenses of executing

and performing the terms and conditions of the escrow contract or contracts, as hereinafter defined, and

fees and charges of the escrow holder or holders, as hereinafter mentioned, and (iv) the premium or

premiums for a policy or policies of municipal bond insurance or cost or costs of other credit

Page 9: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 9

enhancement facility or facilities, for the refunding bonds herein authorized, or any portion thereof, there

are hereby authorized to be issued not exceeding $7,845,000 refunding serial bonds of the School District

pursuant to the provisions of Section 90.00 or Section 90.10 of the Local Finance Law (the “School District

Refunding Bonds” or the “Refunding Bonds”), it being anticipated that the amount of Refunding Bonds

actually to be issued will be approximately $6,575,000, as provided in Section 4 hereof. The Refunding

Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or more

refunding serial bond issues. The School District Refunding Bonds shall each be designated substantially

“SCHOOL DISTRICT REFUNDING (SERIAL) BOND” together with such series designation and year as

is appropriate on the date of sale thereof, shall be of the denomination of $5,000 or any integral multiple

thereof (except for any odd denominations, if necessary) not exceeding the principal amount of each

respective maturity, shall be numbered with the prefix R-12 (or R with the last two digits of the year in

which the Refunding Bonds are issued as appropriate) followed by a dash and then from 1 upward, shall

be dated on such dates, and shall mature annually on such dates in such years, bearing interest

semi-annually on such dates, at the rate or rates of interest per annum, as may be necessary to sell the

same, all as shall be determined by the President of the Board of Education pursuant to Section 4 hereof.

It is hereby further determined that (a) such Refunding Bonds may be issued in series, (b) such Refunding

Bonds may be sold at a discount in the manner authorized by paragraph a of Section 57.00 of the Local

Finance Law and subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such

Refunding Bonds may be issued as a single consolidated issue. It is hereby further determined that such

Refunding Bonds may be issued to refund all, or any portion of, the Refunded Bonds, subject to the

limitation hereinafter described in Section 10 hereof relating to approval by the State Comptroller.

Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such terms

as the President of the Board of Education shall prescribe, which terms shall be in compliance with the

requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding Bonds of any

maturity are to be redeemed, the particular refunding bonds of such maturity to be redeemed shall be

selected by the School District by lot in any customary manner of selection as determined by the

President of the Board of Education.

The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or

convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-certificated

form, such bonds, when issued, shall be initially issued in registered form in denominations such that one

bond shall be issued for each maturity of bonds and shall be registered in the name of Cede & Co., as

nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities

depository for the bonds in accordance with the Book-Entry-Only system of DTC. In the event that either

DTC shall discontinue the Book-Entry-Only system or the School District shall terminate its participation

in such Book-Entry-Only system, such bonds shall thereafter be issued in certificated form of the

denomination of $5,000 each or any integral multiple thereof (except for any odd denominations, if

necessary) not exceeding the principal amount of each respective maturity. In the case of non-certificated

Refunding Bonds, principal of and interest on the bonds shall be payable by check or draft mailed by the

Fiscal Agent (as hereinafter defined) to The Depository Trust Company, New York, New York, or to its

nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance with such

Book-Entry-Only System. Principal shall only be payable upon surrender of the bonds at the principal

corporate trust office of such Fiscal Agent (or at the office of the School District Clerk as Fiscal Agent as

hereinafter provided).

In the event said Refunding Bonds are issued in certificated form, principal of and interest on the

Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as hereinafter defined) to

the registered owners of the Refunding Bonds as shown on the registration books of the School District

maintained by the Fiscal Agent (as hereinafter defined), as of the close of business on the fifteenth day of

the calendar month or last business day of the calendar month preceding each interest payment date as

Page 10: Regular Meeting, Board of Education€¦ · Mrs. Williams moved the Board accept the recommendation of the Superintendent and approve the minutes of the February 16, 2012, Regular

Regular Board of Education Meeting - 3/15/12

Page 10

appropriate and as provided in a certificate of the President of the Board of Education providing for the

details of the Refunding Bonds. Principal shall only be payable upon surrender of bonds at the principal

corporate trust office of a bank or trust company or banks or trust companies located or authorized to do

business in the State of New York, as shall hereafter be designated by the President of the Board of

Education as fiscal agent of the School District for the Refunding Bonds (collectively the “Fiscal Agent”).

Refunding Bonds in certificated form may be transferred or exchanged at any time prior to maturity at

the principal corporate trust office of the Fiscal Agent for bonds of the same maturity of any authorized

denomination or denominations in the same aggregate principal amount.

Principal and interest on the Refunding Bonds will be payable in lawful money of the United States of

America.

The President of the Board of Education, as chief fiscal officer of the School District, is hereby authorized

and directed to enter into an agreement or agreements containing such terms and conditions as he shall

deem proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or

trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said School District,

to perform the services described in Section 70.00 of the Local Finance Law, and to execute such

agreement or agreements on behalf of the School District, regardless of whether the Refunding Bonds are

initially issued in certificated or non-certificated form; provided, however, that the President of the Board

of Education is also hereby authorized to name the School District Clerk as the Fiscal Agent in connection

with the Refunding Bonds if said Refunding Bonds are issued in non-certificated form.

The President of the Board of Education is hereby further delegated all powers of this Board of Education

with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the

Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the

provider of such credit enhancement facility or facilities and the terms and contents of any agreement or

agreements related thereto.

The Refunding Bonds shall be executed in the name of the School District by the manual or facsimile

signature of the President of the Board of Education, and a facsimile of its corporate seal shall be

imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be authenticated by the

manual signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall

contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the Local Finance Law or

subdivision 4 of paragraph j of Section 90.10 as applicable of the Local Finance Law and the recital of

validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form

and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the

President of the Board of Education shall determine. It is hereby determined that it is to the financial

advantage of the School District not to impose and collect from registered owners of the Refunding Bonds

any charges for mailing, shipping and insuring bonds transferred or exchanged by the Fiscal Agent, and,

accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be

so collected by the Fiscal Agent.

Section 3. It is hereby determined that:

(a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution

does not exceed the limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local

Finance Law;

(b) the maximum period of probable usefulness permitted by law at the time of the issuance of the 2002A

Refunded Bonds, for the objects or purposes for which such 2002A Refunded Bonds were issued is as

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stated in Exhibits A-1 to A-4 attached hereto, as to the 2004A Refunded Bonds, for the objects or

purposes for which such 2004A Refunded Bonds were issued is as stated in Exhibits A-1 to A-6

attached hereto, and as to the 2004B Refunded Bonds, for the objects or purposes for which such

2004B Refunded Bonds were issued is as stated in Exhibits A-1 to A-6 attached hereto, and

(c) the last installment of the Refunding Bonds will mature not later than the expiration of the period of

probable usefulness of each respective object or purpose for which said Refunded Bonds were issued

in accordance with the provisions of subdivision 1 of paragraph a of Section 90.00 of the Local

Finance Law or subdivision 1 of paragraph c of Section 90.10 as applicable of the Local Finance Law;

(d) the estimated present value of the total debt service savings anticipated as a result of the issuance of

the Refunding Bonds, if any, computed in accordance with the provisions of subdivision 2 of

paragraph b of Section 90.10 of the Local Finance Law, is as shown in the Refunding Financial Plan

described in Section 4 hereof

Section 4. The financial plan for the aggregate of the refundings authorized by this resolution

(collectively, the “Refunding Financial Plan”), showing the sources and amounts of all moneys required

to accomplish such refundings, the estimated present value of the total debt service savings and the

basis for the computation of the aforesaid estimated present value of total debt service savings, are set

forth in Exhibit B, a copy of which is incorporated herein by reference, shall be placed on file with the

District Clerk and shall be posted on the District’s Website in accordance with Section 103[e] of the New

York Public Officers Law. The Refunding Financial Plan has been prepared based upon the assumption

that the Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the

principal amount of $6,575,000, and that the Refunding Bonds will mature, be of such terms, and bear

interest as set forth on said Exhibit B. This Board of Education recognizes that the Refunding Bonds

may be issued in one or more series, and for all of the Refunded Bonds, or portions thereof, that the

amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by the Refunding

Bonds to be issued by the School District will most probably be different from such assumptions and

that the Refunding Financial Plan will also most probably be different from said Exhibit B. The

President of the Board of Education is hereby authorized and directed to determine which of the

Refunded Bonds will be refunded and at what time, the amount of the Refunding Bonds to be issued,

the date or dates of such bonds and the date or dates of issue, maturities and terms thereof, the

provisions relating to the redemption of Refunding Bonds prior to maturity, whether the Refunding

Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a

credit enhancement facility or facilities, whether the Refunding Bonds shall be sold at a discount in the

manner authorized by paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of

interest to be borne thereby, whether the Refunding Bonds shall be issued having substantially level or

declining annual debt service and all matters related thereto, and to prepare, or cause to be provided, a

final Refunding Financial Plan for the Refunding Bonds and all powers in connection therewith are

hereby delegated to the President of the Board of Education; provided, that the terms of the Refunding

Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the

applicable requirements of Section 90.00 and/or 90.10 of the Local Finance Law. The President of the

Board of Education shall file a copy of his certificates determining the details of the Refunding Bonds

and the final Refunding Financial Plan with the School District Clerk not later than ten (10) days after

the delivery of the Refunding Bonds, as herein provided.

Section 5. The President of the Board of Education is hereby authorized and directed to enter into

an escrow contract or contracts (collectively the “Escrow Contract”) with a bank or trust company, or

with banks or trust companies, located and authorized to do business in this State as said President

shall designate (collectively the “Escrow Holder”) for the purpose of having the Escrow Holder act, in

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connection with the Refunding Bonds, as the escrow holder to perform the services described in Section

90.10 of the Local Finance Law.

Section 6. The faith and credit of said Wallkill Central School District, Orange and Ulster

Counties, New York, are hereby irrevocably pledged to the payment of the principal of and interest on

the Refunding Bonds as the same respectively become due and payable. An annual appropriation shall

be made in each year sufficient to pay the principal of and interest on such bonds becoming due and

payable in such year. There shall be annually levied on all the taxable real property in said School

District a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same

become due and payable.

Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium, if

any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow

with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding Bonds shall be

paid to the School District to be expended to pay interest on the Refunding Bonds. Such proceeds as

are deposited in the escrow deposit fund to be created and established pursuant to the Escrow

Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the

investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and

interest on the Refunded Bonds in accordance with Section 90.10 of the Local Finance Law, and the

holders, from time to time, of the Refunded Bonds shall have a lien upon such moneys held by the

Escrow Holder. Such pledge and lien shall become valid and binding upon the issuance of the

Refunding Bonds and the moneys and investments held by the Escrow Holder for the Refunded Bonds

in the escrow deposit fund shall immediately be subject thereto without any further act. Such pledge

and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or

otherwise against the School District irrespective of whether such parties have notice thereof

Section 8. Notwithstanding any other provision of this resolution, so long as any of the

Refunding Bonds shall be outstanding, the School District shall not use, or permit the use of, any

proceeds from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds

to be an “arbitrage bond” as defined in Section 148 of the Internal Revenue Code of 1986, as amended,

and, to the extent applicable, the Regulations promulgated by the United States Treasury Department

thereunder.

Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section 90.10

of the Local Finance Law, in the event such bonds are refunded, the School District hereby elects to call

in and redeem each of the Refunded Bonds which the President of the Board of Education shall

determine to be refunded in accordance with the provisions of Section 4 hereof and with regard to

which the right of early redemption exists. The sum to be paid therefor on such redemption date shall

be the par value thereof, and the accrued interest to such redemption date. The Escrow Agent for the

Refunding Bonds is hereby authorized and directed to cause notice of such call for redemption to be

given in the name of the School District in the manner and within the times provided in the Refunded

Bond Certificate. Such notice of redemption shall be in substantially the form attached to the Escrow

Contract. Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable

Refunded Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided

in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to

time as may be necessary in order to comply with the publication requirements of paragraph a of

Section 53.00 of the Local Finance Law, or any successor law thereto.

Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to

Roosevelt & Cross Inc. (the “Underwriter”) for purchase prices to be determined by the President of the

Board of Education, plus accrued interest from the date or dates of the Refunding Bonds to the date or

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dates of the delivery of and payment for the Refunding Bonds. Subject to the approval of the terms and

conditions of such private sale by the State Comptroller if issued pursuant to and as required by

subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, the President of the Board of

Education, is hereby authorized to execute and deliver a purchase contract for the Refunding Bonds in

the name and on behalf of the School District providing the terms and conditions for the sale and

delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds have been duly

executed, they shall be delivered by the President of the Board of Education to the Underwriter in

accordance with said purchase contract upon the receipt by the School District of said the purchase

price, including accrued interest.

Section 11. The President of the Board of Education and all other officers, employees and agents

of the School District are hereby authorized and directed for and on behalf of the School District to

execute and deliver all certificates and other documents, perform all acts and do all things required or

contemplated to be executed, performed or done by this resolution or any document or agreement

approved hereby.

Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds shall

be determined by the President of the Board of Education and all powers in connection thereof are

hereby delegated to the President of the Board of Education.

Section 13. The validity of the Refunding Bonds may be contested only if:

1. Such obligations are authorized for an object or purpose for which said School District is not

authorized to expend money, or

2. The provisions of law which should be complied with at the date of publication of this resolution

are not substantially complied with, and an action, suit or proceeding contesting such validity is

commenced within twenty days after the date of such publication, or

3. Such obligations are authorized in violation of the provisions of the Constitution.

Section 14. A summary of this resolution, which takes effect immediately, shall be published in

the official newspapers of said School District, together with a notice of the School District Clerk in

substantially the form provided in Section 81.00 of the Local Finance Law.

Dated: March 15, 2012

The foregoing resolution was duly put to a vote which resulted as follows:

Mrs. Kathryn Anderson VOTING YES

Mrs. Donna Crowley VOTING YES

Mr. Thomas Frisbie VOTING YES

Mr. James McCarl VOTING YES

Mr. Thomas McCullough VOTING YES

Mr. Dennis O’Mara VOTING YES

Mrs. Tina Williams VOTING YES

The resolution was thereupon declared duly adopted.

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EXHIBIT A-1

$4,730,000 School District Refunding (Serial) Bonds, 1991 Series A

Objects or Purposes and

Their Periods of Probable Usefulness

1. Construction of Additions to and Reconstruction of School Buildings including original furnishings,

equipment, machinery, and apparatus and other improvements incidental thereto. Period of

probable usefulness: twenty years pursuant to subdivision 12(a)(1) of Section 11.00 of the Local

Finance Law, computed from November 13, 1989, the date of the first obligations issued therefor.

Bond Resolution dated: April 27, 1989

2. District’s share of cost of two capital improvements for BOCES. Period of probable usefulness:

thirty years pursuant to subdivision 14(b) of Section 11.00 of the Local Finance Law, computed from

July 5, 1990, the date of the first obligations issued therefor. (Not refunded)

Bond Resolution dated: November 30, 1989

EXHIBIT A-2

$8,580,000 School District Refunding (Serial) Bonds, 1992

Objects or Purposes and

Their Periods of Probable Usefulness

1. Construction of Additions to and Reconstruction of School Buildings including original furnishings,

equipment, machinery, and apparatus and other improvements incidental thereto. Period of

probable usefulness: twenty years pursuant to subdivision 12(a)(1) of Section 11.00 of the Local

Finance Law, computed from November 13, 1989, the date of the first obligations issued therefor.

Bond Resolution dated: April 27, 1989

2. District’s share of cost of two capital improvements for BOCES. Period of probable usefulness:

thirty years pursuant to subdivision 14(b) of Section 11.00 of the Local Finance Law, computed from

July 5, 1990, the date of the first obligations issued therefor. (Not refunded)

Bond Resolution dated: November 30, 1989

EXHIBIT A-3

$580,000 School District Refunding (Serial) Bonds, 1996

Objects or Purposes and

Their Periods of Probable Usefulness

Reconstruction of various School Buildings (ADA Compliance) including original furnishings, equipment,

machinery, and apparatus and other improvements incidental thereto. Period of probable usefulness:

twenty years pursuant to subdivision 12(a)(1) of Section 11.00 of the Local Finance Law, computed from

July 15, 1996, the date of the first obligations issued therefor.

Bond Resolution dated: March 16, 1995

EXHIBIT A-4

$995,000 School District Refunding (Serial) Bonds, 1998

Objects or Purposes and

Their Periods of Probable Usefulness

(a) the reconstruction of the roof and masonry portions of various School District buildings, including

incidental improvements and expenses in connection therewith, in and for said School District, a class of

objects or purposes, at a maximum estimated cost of $680,000; (b) the reconstruction and replacement of

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gymnasium bleachers at various School District buildings, including incidental improvements and expense

in connection therewith, a class of objects or purposes, at a maximum estimated cost of $188,000; and (c) the

reconstruction of showers at the High School locker room, including incidental improvements and

expenses in connection therewith, a specific object or purpose, at a maximum estimate cost of $127,000.

Period of probable usefulness: twenty years, pursuant to subdivision 12(a)(1) of Section 11.00 of the Local

Finance Law, computed from July 15, 1998, the date of the first obligations issued therefor.

Bond Resolution dated: March 19, 1998

EXHIBIT A-5

$615,000 School District (Serial) Bonds, 2004 Series A

Objects or Purposes and

Their Periods of Probable Usefulness

Improvements of athletic fields, including improvements incidental thereto. Period of probable usefulness:

fifteen years pursuant to subdivision 19(c) of Section 11.00 of the Local Finance Law, computed from June

28, 2002, the date of the first obligations issued therefor.

Bond Resolution dated: April 26, 2000

EXHIBIT A-6

$15,721,155 School District (Serial) Bonds, 2004 Series B

Objects or Purposes and

Their Periods of Probable Usefulness

Construction of Additions to and Reconstruction of School Buildings including original furnishings,

equipment, machinery, and apparatus and other improvements incidental thereto. Period of probable

usefulness: twenty years pursuant to subdivision 12(a)(1) of Section 11.00 of the Local Finance Law,

computed from June 28, 2001, the date of the first obligations issued therefor (except as to $5,755,000

thereof for the Middle School/High School, as to which the date is June 28, 2002).

Bond Resolution dated: April 26, 2000

Each object or purpose is refunded by a pro-rata allocation of Refunding Bonds and amortized on a

substantially level or declining annual debt service basis in accordance with paragraph c of

Section 90.10 of the Local Finance Law based upon presently outstanding principal balances for each

object or purpose.

6. Public Comment - Agenda #7

At 7:43 p.m. the floor was opened for public comment.

Mrs. Williams asked Mr. Castle to provide a summary explaining a new procedure that will be

implemented by the Board of Education effective July 1, 2012, regarding paperless Board Documents.

As a significant cost savings measure, the Board packets and weekly information will be provided via

email by the District Clerk to Board Members through a secure link. Also, electronic tablets that are

utilized by students in the classroom will be provided on the night of Board Meetings for Board

Members to access the agenda and backup documents. This procedure will be a considerable cost

savings to the District.

Mr. McCarl requested that the Board observe a moment of silence in memory of former

Wallkill Central School District graduate, Archie Reid.

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7. Executive Session - Agenda #8

At 7:50 p.m. Mrs. Williams moved the Board enter Executive Session to discuss negotiations.

Motion seconded by Mr. McCullough and carried 7-0.

The Board reconvened at 8:35 p.m.

8. Close Meeting - Agenda #9

At 8:36 p.m. Mr. McCullough moved to adjourn the meeting.

Motion seconded by Mrs. Williams and carried 7-0.

Respectfully submitted,

Sherry Palen

District Clerk