The Fairland Local Board of Education held its regular meeting
on May 13, 2013 with the following members present at roll
call: Mr. Sowards, Mr. Gorby, Mr. Lewis, Mr. Ward and Mr.
Appleton.
24-13 CONSENT AGENDA #1 ITEMS APPROVED
Mr. Sowards moved second by Mr. Gorby to approve the following
consent agenda #1 items:
A)
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B)
Hire the following substitutes:
Bethanie Corn – teacher – P-3
Jerica Moore – teacher – 4-9
Bertha Allen – cook, secretary
Approve the following workshops:
Beverly Price – Staff Development for Educators, Las
Vegas, NV – July 16-19, 2013
 Patricia Phipps – Ohio Association for Career and
Technical Education Conference, Columbus, Ohio – August 57, 2013
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C)
Accept the retirement notification of Paula Smith, Fairland
East cook, effective May 31, 2013
D)
Accept the resignation of Vicki Shiner as FHS math teacher
and math club sponsor at the end of the 2012-2013 school
year
E)
Adopted the following resolution:
DECLARING SOLE SOURCE AVAILABILITY FOR ENERGY PRODUCTS AND
AUTHORIZING AN AGREEMENT WITH DYNAMIX ENERGY SERVICES
FOR RETRO-COMMISSIONING AND CONTROLS IN DISTRICT FACILITIES
WHEREAS, the Fairland Local School District Board of
Education(the "Board") explored with three (3) engineering
firms the options for retro-commissioning and controls to
address current and long-term operational expectations and
energy conservation goals in the four (4) District school
buildings; and
WHEREAS, after reviewing technical proposals from each firm and
checking references, the Superintendent recommends that Dynamix
Energy Services provides products that will meet current and
future needs and goals and will also make rebates available
from AEP when utilizing the Facilities Management eXpress
Software (FMX) combined with a custom Energy Dashboard; and
WHEREAS, the products provided by Dynamix Energy services are
only available from a sole source;
NOW THEREFORE BE IT RESOLVED by the Fairland Local School
District Board of Education as follows:
1. The Board determines that the energy products offered by
Dynamix Energy Services are available from a sole source
(Dynamix Energy Services) and waives competitive bidding
for the energy project, as permitted by Ohio Revised Code
Section 3313.46(B)(2).
2. The Board authorizes the Superintendent and Treasurer to
sign the energy agreement prepared for the energy project
with Dynamix Energy Services, which has a total contract
sum of $1,065,00, consisting of $945,000 for the fixed
services and product costs and the not-to-exceed amount of
$120,000, which represents the variable amount of the
contract sum for services related to rebates that may be
received and will only be paid to the extent rebates are
actually received in an amount equal to 50% of the rebate
amount up to $120,000.
F)
Adopted the following resolution:
RESOLUTION AUTHORIZING LEASE-PURCHASE FINANCING OF THE
ACQUISITION AND INSTALLATION OF ENERGY CONSERVATION
IMPROVEMENTS IN EACH OF THE DISTRICT'S SCHOOL BUILDINGS, AND
OTHER MATTERS RELATED THERETO.
WHEREAS, this Board of Education intends to finance the
acquisition and installation of energy conservation
improvements in each of the District's school buildings (the
"Project"); and
WHEREAS, in order to finance the Project and pursuant to Ohio
Revised Code Section 3313.375 it is determined to be necessary
and appropriate to undertake a lease-purchase financing program
as described herein; and
WHEREAS, the amount to be financed shall be $945,000;
NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the
Fairland Local School District, Counties of Gallia and
Lawrence, Ohio, that:
Section 1. It is hereby determined to be necessary and in the
best interest of the inhabitants and citizens of the School
District, and the School District hereby agrees, to acquire
and install, or cause to be acquired and installed, the
Project, in accordance with the plan of lease financing
described in this Resolution. The Project will be acquired
and constructed on parcel(s) of land (collectively referred
to as the "Site") located in the School District which are
currently owned by the School District.
Section 2. The School District shall sublease the Project and
related facilities, if any, from U.S. Bank National
Association (the "Trustee") pursuant to a Lease Agreement
(the "Lease") to be dated as determined by the Treasurer.
The President of the Board, the Treasurer and the
Superintendent of the School District, or any of them, are
hereby authorized to execute and deliver the Lease on
behalf of the School District with such terms as the
official executing the same may approve; the approval of
such terms and that the same are not substantially adverse
to the School District shall be conclusively evidenced by
the execution of the Lease by such official. The Lease
shall require the School District, as agent for the
Trustee, to acquire and install, or cause to be acquired
and installed, the Project, and shall provide, among other
things, for the payment of Base Rent from the School
District to the Trustee. Base Rent shall be payable in
periodic installments over the term of the Lease. The
initial term of the Lease shall be until June 30, 2013,
provided that the School District shall have the right to
renew for a total of not more than five (5) additional oneyear renewal terms as determined by the Treasurer,
beginning on July 1, 2013 and continuing on July 1 of each
year thereafter through and including the last renewal term
which shall not be later than July 1, 2017 to June 30,
2018. The Lease shall provide for termination in the event
the School District fails to appropriate funds adequate to
pay rent due with respect to any renewal term.
Section 3. The School District hereby consents to the
execution of a Trust Indenture (the "Indenture") relating
to the collection and distribution of rental payments and
the issuance of Certificates of Participation (Fairland
Local School District - School Facilities Project) (the
"Certificates") evidencing proportionate interests in the
Base Rent to be paid by the School District under the
Lease. The President of the Board, the Treasurer and the
Superintendent of the School District, or any of them, are
hereby authorized to execute and deliver the Indenture on
behalf of the School District with such terms not
substantially adverse to the School District as the
official executing the same may approve; the approval of
such terms and that the same are not substantially adverse
to the School District shall be conclusively evidenced by
the execution of the Indenture by such official. The
School District hereby authorizes and directs that the
Certificates shall be sold to the Treasurer of the County
of Lawrence, Ohio (the "County Treasurer"), at a price of
100% of the par value thereof. The Certificates shall
mature annually on June 1 of each year in the principal
amount of $189,000, commencing June 1, 2014 through June 1,
2018, both inclusive and shall bear interest at the rate of
two percent (2.00%) per annum.
Section 4. The School District agrees to execute and perform
the Lease in accordance with the terms thereof. The School
District agrees to comply with the terms and conditions of
the Indenture insofar as they relate to the School
District, and further agrees to comply with the terms and
conditions of such additional documents and agreements
relating thereto as shall be deemed, by the Treasurer, the
President of the Board or the Superintendent of the School
District, or any of them, in their discretion, necessary or
appropriate in connection with the financing herein
described.
Section 5. The Treasurer, the President of the Board and the
Superintendent of the School District, or any of them, are
hereby authorized and directed to execute and deliver, on
behalf of the School District, such additional instruments,
documents, agreements, certificates, and other papers as
may be in their discretion necessary or appropriate in
order to carry out the intent of this Resolution in such
forms as the official executing the same may approve.
Section 6. Nothing in the Lease, the Indenture, the
Certificates, or any agreements or documents relating
thereto shall constitute or be construed or deemed to
constitute a debt or bonded indebtedness or a general
obligation of this Board, the School District or any agency
of the School District. Neither the taxing power nor the
full faith and credit of this Board or the School District
are pledged or shall be pledged for the payment or security
of the Lease, the Indenture, the Certificates, or any other
related agreement or document.
Section 7. The School District hereby covenants that it will
restrict the use of the proceeds of the Lease and the
Certificates hereby authorized in such manner and to such
extent, if any, as may be necessary after taking into
account reasonable expectations at the time the debt is
incurred, so that they will not constitute "arbitrage
bonds" under Sections 103(b)(2) and 148 of the Internal
Revenue Code of 1986, as amended (the "Code") and the
regulations prescribed thereunder and will, to the extent
possible, comply with all other applicable provisions of
the Code and the regulations thereunder to retain the
Federal income tax exemption for interest on the Lease and
the Certificates, including any expenditure requirements,
investment limitations, rebate requirements or use
restrictions. The Treasurer or any other officer having
responsibility with respect to the issuance of the
Certificates is authorized and directed to give an
appropriate certificate on behalf of the School District,
for inclusion in the transcript of proceedings, setting
forth the facts, estimates and circumstances and reasonable
expectations pertaining to said Section 148 and the
Regulations.
The Certificates are hereby designated bank qualified
obligations under Section 265(b)(3) of the Code, provided
that the Certificates are sold in a manner and at a price
in compliance with Section 265(b)(3) of the Code. The
Board does not expect to issue more than $10,000,000 of
such obligations this year.
Section 8. There is hereby appropriated from the net proceeds
of the Certificates, to the extent the same are available
for the payment of costs of the Project, a sum not to
exceed $945,000, to be used for the payment of such costs
and related costs, as outlined herein.
Section 9. The law firm of Peck, Shaffer & Williams LLP be and
is hereby retained as special counsel to the School
District to prepare the necessary authorization and related
closing documents for the issuance, sale and delivery of
the Lease, the Indenture, the Certificates and rendering
its approving legal opinion in connection therewith.
Section 10. It is hereby found and determined that all formal
actions of this Board concerning and relating to the
adoption of this Resolution were adopted in an open meeting
of this Board, and that all deliberations of this Board and
of any of its committees that resulted in such formal
action, were in meetings open to the public, in compliance
with all legal requirements including Section 121.22 of the
Ohio Revised Code.
Section 11. This Resolution shall take effect immediately upon
its adoption.
G)
Approve the South Central Ohio Educational Service Center
Contract for Services (Hearing Impaired Unit) for the 20132014 school year
H)
Approve membership in the Ohio High School Athletic
Association for 2013-2014
I)
Approve the 2013-2014 handbooks for Fairland East, Fairland
West, Fairland Middle and Fairland High School
J)
Approve the updated five-year financial forecast and
assumptions as presented by the Treasurer
K)
Approve purchase order #82430 to EDUSS Broadcast & Media,
Inc. for which the invoice date precedes the purchase order
date
L)
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M)
Approve investing in certificates of deposit as follows:
$1.5 million in a 7-month CD
$1.5 million in an 11-month CD
$300,000 in a 20-month CD
$200,000 in a 54-month CD
Approve the following budgetary amendments:
 Fund 007 – Scholarships Fund – Increase budgeted revenues
from $983 to $1500 and increase appropriations from $1,583
to $2,500
 Fund 018 – Public Support Fund – Increase budgeted revenues
from $90,000 to $100,000 and increase appropriations from
$100,000 to $120,000
N)
Approve the minutes of the April 8, 2013 regular board
meeting
O)
Approve the bank reconciliation, SM2 report, FUNDSUMM, and
FINSUM reports for April 2013 as presented by the Treasurer
P)
Approve the CHEKPY report for April 2013 presented by the
Treasurer
Q)
Approve the following resolution:
WHEREAS, Governor Kasich’s biennial budget (HB 59) proposes to
expand the EdChoice Scholarship Program through two new options
that will significantly increase the number of publicly-funded
vouchers for students to attend private or parochial schools; and
WHEREAS, one of the programs provides private or parochial school
tuition vouchers to any entering kindergarten student of a family
with a household income less than 200 percent of the federal
poverty level, to be used at the parent’s choice of participating
private or parochial school; and
WHEREAS, the following year, such vouchers would be expanded to
include students in both kindergarten and first grade, totaling
$25 million over the biennium; and
WHEREAS, such vouchers would be granted without regard to the
academic performance or quality of the public school that the
student is assigned to attend; and
WHEREAS, the second voucher expansion proposed by the Governor in
HB 59 expands eligibility for the EdChoice voucher program to
Kindergarten through 3rd grade students enrolled in buildings
that received a “D” or “F” in the new K-3 Literacy component of
the New Report Card in 2 of the 3 most recent report cards; and
WHEREAS, the operation of the proposed programs would effectively
reduce funds from the already financially beleaguered local
public school districts, resulting in fewer resources for the
education of remaining students;
NOW THEREFORE BE IT, AND IT IS HEREBY RESOLVED, that the Fairland
Board of Education does hereby express its opposition to these
provisions in HB 59; and
BE IT FURTHER RESOLVED that the Fairland Board of Education
expresses its opposition to any legislation that seeks to
transfer public dollars to support private education; and
BE IT FURTHER RESOLVED that the Treasurer be directed to spread
this resolution upon the minutes of the Board of Education and
that copies of the resolution be forwarded to the Governor and
members of the Ohio General Assembly.
R) Adopt a resolution to establish a Capital Projects Fund 003
9013 with budgeted revenues of $945,000 to be received from the
Lawrence County Treasurer’s office to finance the Project as
described in item F above and with appropriations of $945,000 to
be paid to Dynamix for the Project. If necessary, an advance
from the General Fund to this Capital Projects Fund is approved
for the first and second payments due to Dynamix to be repaid as
soon as the money is received from the Lawrence County Treasurer.
S) Approve changing the regular board meeting date for August
from August 12 to August 7 at 6:00 pm at the High School.
The vote was:
Mr. Sowards, yea; Mr. Gorby, yea; Mr. Lewis,
yea; Mr. Ward, yea; Mr. Appleton, yea.
Motion carried.
25-13 EXECUTIVE SESSION
Mr. Sowards moved second by Mr. Gorby to go into executive
session to consider the employment of a public employee or
official.
The vote was:
Mr. Sowards, yea; Mr. Gorby, yea; Mr. Lewis,
yea; Mr. Ward, yea; Mr. Appleton, yea.
Motion carried.
Out 6:57 p.m.
Back 8:20 p.m.
Upon roll call, Mr. Sowards, Mr. Gorby, Mr. Lewis, Mr. Ward and
Mr. Appleton were present when the regular session reconvened.
26-13 CONSENT AGENDA #2 ITEMS APPROVED
Mr. Gorby moved second by Mr. Lewis to approve the following
consent agenda #2 items:
A)
Hire Andrea McConnell as a Kindergarten Special Education
teacher at Fairland East for the 2013-2014 school year
B)
Approve Rose Sellards, Terri Gaeger and Lisa Thompson as
summer school teachers at Fairland West
C)
Approve Brian Zacc Russell and Michael Hill as summer
school teachers at Fairland High School
D)
Hire Michele Gorby as 7th Grade Volleyball Coach for the
2013-2014 school year
E)
Hire Darah Snyder as 8th Grade Volleyball Coach for the
2013-2014 school year
F)
Hire Brent Wilcoxon as an Assistant Football Coach at
Fairland High School for the 2013-2014 school year
G)
Hire Ronald Wooten as an Assistant Football Coach at
Fairland High School for the 2013-2014 school year
H)
Hire Cullen Holmolka as Fairland High School Summer Weights
Coach for the 2013-2014 school year
I)
Approve a continuing contract for Kimberly Frasher
J)
Approve the transfer of Danielle Fuller Hamlin to Fairland
Middle School Language Arts Teacher for the 2013-2014 school
year
The vote was:
Mr. Sowards, yea; Mr. Gorby, yea; Mr. Lewis,
yea; Mr. Ward, yea; Mr. Appleton, yea.
Motion carried.
27-13 ADJOURN
Mr. Sowards moved second by Mr. Gorby to adjourn the meeting.
The vote was:
Mr. Sowards, yea; Mr. Gorby, yea; Mr. Lewis,
yea; Mr. Ward, yea; Mr. Appleton, yea.
Motion carried.
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PRESIDENT
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TREASURER