Page 1 of 19 EATON COMMUNITY SCHOOLS BOARD OF EDUCATION Regular Session April 9, 2012 The Board of Education of Eaton Community Schools met in Regular Session on April 9, 2012 at 6:00 p.m. in the Hollingsworth East Elementary School Cafeteria. President Joe Renner called the meeting to order. ROLL CALL Doug Mowen – Present Brian Pool – Present Rick McKinney – Present Joe Renner – Present Terry V. Parks – Present Others present were Brad Neavin, Priscilla Dodson, Cindy Neanen, Scott Couch, Kern Carpenter, Kip Powell and Pam Friesel. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. ADOPT THE AGENDA Motion was made by Mr. Mowen and seconded by Mr. McKinney to adopt the agenda after noting the following changes to the agenda: Page 2 – Treasurer’s Business II-B Change Regular to SPECIAL Board Meeting Page 3 – Change Karen Moses’ retirement date to June 30, 2012 Page 12 - #8 D – Pull out Corey Mowen to be voted on separately Page 23 - #19 – Add revised language presented to board by Mr. Doseck YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-186 RECOGNITION OF VISITORS Rebecca Butler and Mike Freed, representatives from Sinclair Community College, presented a briefing about the Preble County Advanced Manufacturing Training Center of approximately 4000 square feet that might possibly be housed in the Eaton Middle School. Sinclair has received a $250,000 grant that would fund this project. With board approval and attorney review, the partnering with Sinclair could begin as early as Summer, 2012. The facility could be used possibly from 8:00 a.m. to 8:00 p.m. Mr. Renner stated there are issues the board needs to discuss. He’s not objecting, there are just items that need to be reviewed. Some of the board’s concerns were addressed about the noise, facility and students. Mrs. Jennifer Couch is encouraged to work with students who already see the importance of giving to the community. Blake Whitesell, Cole Whitesell, Kasey Wilken, and Haley Clos presented about the “Middle School Green Team” projects. Meghan Puckett, Blake Melling and Julia Titus presented about the “Student Council” projects. Mrs. Couch said that it is sometimes hard to hold back with all of their enthusiasm. The students’ efforts have raised awareness and money for members of the community. The board thanked the students and Mrs. Couch for their many hours of work and asked the students to explain a “text-off”. Mr. Renner explained the board has spent a considerable amount of money in our efforts to save energy being along the lines of “green”. Page 2 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. OTHER OPENING BUSINESS Emily Jones, 320 Hubble St., Eaton, Ohio addressed the board on behalf of her son’s aide at the high school, about their concerns over the allegations and possible action the board may take with an employee. She had concerns about her son’s response to the possible dismissal of a staff member. TREASURER’S BUSINESS Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the business of the treasurer, Priscilla Dodson, as follows: A. B. C. D. E. F. Minutes of the March 12, 2012 Regular Board Meeting Minutes of the March 19, 2012 Special Board Meeting Approve transfer of $3,431.35 from fund 572-9211 to fund 572-9212* Submission of warrants Submission of Financial Report Submission of Investment Report Discussion - *Treasurer explained she was moving the $3,431.35 from FY11 to FY12 so the district can spend the money. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-187 MIAMI VALLEY CAREER TECHNOLOGY CENTER REPORT Doug Mowen, MVCTC representative, reported that seven out of sixty-six total students inducted in the National Honor Society at MVCTC were from Eaton. Eaton student Allison Hood was appointed as an ambassador for MVCTC. PARKS AND RECREATION BOARD Joe Renner, representative to the board, stated that there had not been a meeting so there was no report. PROJECT MANAGER’S REPORT Tom Doseck, referred to a handout he had given to the board which presented the results of the Bruce Elementary bids and a fire protection change. He stated there were two really good bids. He also informed the board that the OSFC had agreed to Budget Adjustment item #19 which the board would be asked to approve later in the agenda. It means amending the project agreement you signed last year. Hopefully, we will be able to offset some of the contingency dollars. This has not been approved by our construction council but it must be passed tonight so the commission can move ahead. You can approve it conditionally or just as it is. Question from board members about the board passing #19, and then OSFC not approving it. Mrs. Dodson stated this came from the OSFC and it is their numbers. It was agreed the board would adopt pending review by our legal counsel. Mr. Doseck said he is comfortable with approval pending review by our legal counsel. He would be surprised if there were any changes but he did just receive it at 4:00 this afternoon. He stated everybody is really anxious about the work beginning. By the end of next week things should be happening. Mr. Mowen questioned about Kelchner and was assured all is OK and moving forward. Page 3 of 19 4-9-2012 ECSBOE Reg. Sess. Mins., cont. SUPERINTENDENT’S REPORT Brad Neavin’s report for the board included a possible lease at the Middle School. He has a meeting with Jeff Baker and Mrs. Dodson to discuss lease rates and the sale of Bruce Elementary. The Educational Service Center is talking about leasing 6-8 classrooms and he discussed the area of the middle school building that Sinclair is asking to lease. Jeff Baker would like Mr. John Kramer to be asked to the meeting and Mr. Neavin invited the board to the meeting as well. Mr. Neavin will update the board on the meeting. Mr. Neavin also presented information regarding the Eaton Education Foundation/Athletic Complex. Mr. Mowen stated he has been comparing the check register to last year’s check register for this time period. He would like Greg from Energy Optimizers to talk with the board about the energy and dollar savings we should be realizing. He’s concerned about the “bang for our buck”. Mr. McKinney asked if our savings equals out with air and heat. Mr. Neavin stated that we should see the most savings in heating costs. Mr. McKinney asked if there was a maintenance report this month. Mr. Mowen asked about the monthly maintenance walk through. Mr. Neavin spoke to Mr. McKinney’s concern about parking for the Stoltz Invitational. DIRECTOR OF EDUCATION’S REPORT Cindy Neanen reported on additional CCIP money that can be used to support summer school and increasing our numbers. She also gave a “heads up” regarding changes coming with new testing in the 2013-14 school year. Also, a different style of report card will be coming. Mr. Parks stated he saw an article where the state is projecting a drop of about 40% in ratings in some schools and a 25-30% drop in scores. Several board members commented on this. PRINCIPAL’S REPORT Middle School Principal Kern Carpenter thanked Mrs. Couch and her green team and student council representatives. Mrs. Couch is one who walks an extra mile for the middle school students. Eaton Middle School has achieved an Excellent rating from the state each of the last three years. A number of Middle School students have been selected for the All County Band. Congratulations to them! Congratulations to Mrs. Mandy Tinstman and her art students for Best of Show in the Preble County Art Show. Eaton Middle School has won Best of Show five years in a row! Cody Frizzell went to Round 7 in the State Geography Bee. Congratulations to Cody! There was great competition for laying the wreath at the tomb of the Unknown Soldier. The four winners are Jayce Maple, Andrew Kiracofe, Cameron Willis and Kyra Houle. OTHER OLD BUSINESS Mr. McKinney wished Mrs. Friesel a Happy Birthday. Page 4 of 19 4-9-2012, ESCBOE Reg. Sess. Mins., cont. NEW BUSINESS 1. Resignations and Retirements Motion was made by Mr. Mowen and seconded by Mr. Parks to approve the following resignations and retirements: A. B. C. D. E. F. G. H. I. J. K. L. M. Janene Barnhart, Teacher, resignation for the purpose of retirement, effective June 1, 2012. Sarah Bomholt, Teacher, resignation for the purpose of retirement, effective June 1, 2012 Sarah Brown, 7th Grade Volleyball Coach, resignation effective June 30, 2012 Bart Davis, Reserve Golf Coach, resignation effective June 30, 2012 Jennifer Iwanski, 3rd Grade Level Leader, resignation effective June 30, 2012 Cheryl Mellen, Annual Advisor, resignation effective June 30, 2012 Karen Moses, Teacher, resignation for the purpose of retirement, effective June 30, 2012 Lisa Noble, Teacher, FEA Advisor, Assistant Peer Leader Advisor, resignation for the purpose of retirement, effective June 1, 2012 Lori Pack, 1st Grade Level Leader, resignation effective June 30, 2012 Taffie Ruebush, Language Arts Department Head – Middle School, resignation effective June 30, 2012 Coral Shackelford, K Grade Level Leader ½, resignation effective June 30, 2012 Betty Sizelove, Cafeteria Worker, resignation for the purpose of retirement, effective June 1, 2012 Tracy Spurrier, K Grade Level Leader ½, resignation effective June 30, 3012 Discussion – Mr. Renner noted that our retirees are all good employees and the board appreciates their time and service. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 2. #1112-188 Employment – Certificated Staff Motion was made by Mr. Parks and seconded by Mr. McKinney to approve the employment of the following personnel as listed. Salaries, benefits and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. A. One-year limited contracts for the 2012-2013 school year (July 1, 2012 – June 30, 2013). 1. 2. 3. 4. Mark Carnahan Aaron Hemmert Amy MacGillivray Dorothy Stoltz YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-189 Page 5 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve agenda Item IV. 2B. B. Two-year limited contracts for the 2012-2013 and 2013-2014 school years (July 1, 2012 – June 30, 2014). 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Nicholas Flynn James Hall Jaime Hampton Laura Hopper Matthew Hopkins Kimberly Jennings-Hughes Shannon Langston Ray McCampbell Cheryl Mellen Amber Michael Emily Pioske Martha Puffenberger John Raymond Bev Richardson Emily Schaeffer Mark Silvers Ashlee Taylor Susan Wike Sandy Yount YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-190 Motion was made by Mr. McKinney and seconded by Mr. Pool to approve agenda Item IV. 2C. C. Continuing contracts contingent upon meeting all requirements of the Negotiated Agreement, Board Policy, Administrative Rules and Regulations and applicable provisions of the Ohio Revised Code; effective July 1, 2012. 1. 2. 3. 4. 5. Heather Bube Sarah McKee Suzanne Niehaus Taffie Ruebush Kristin Schamel YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-191 Page 6 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 3. Employment – Certificated Staff Extended Service Supplemental Contracts Motion was made by Mr. Parks and seconded by Mr. McKinney to approve the following extended service supplemental contracts for the 2012-2013 school year (July 1, 2012-June 30, 2013). Salaries and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. A. B. C. D. E. F. G. H. I. Rodger Clark, Director of Technology – 28 days as needed Tricia McGinnis, Elementary School Guidance Counselor – 3 days Malissa Miller, Elementary School Guidance Counselor – 3 days Ron Neanen, High School Guidance Counselor – 20 days Leslie Roberts, Career Based Intervention Teacher – 3 days Dalene Sadowski, School Nurse – 4 days Keith Shultz, Middle School Guidance Counselor – 10 days Dorothy Stoltz, High School guidance Counselor – 20 days Joyce Willis, Speech Pathologist – 4 days YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 4. #1112-192 Employment – Certificated Staff Athletic Supplemental Contracts Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the following supplemental contracts for the 2012-2013 school year (July 1, 2012-June 30, 2013). Salaries and duties per Board Policy, Negotiated Agreement, Administrative Rules and Regulations and any applicable state requirements. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Athletic Director – Middle School Varsity Football HS Assistant Football HS Assistant Football HS Assistant Football HS Assistant Football Football Coordinator – Middle School Football – Middle School 8th Grade Boys Basketball Reserve Girls Basketball 8th Grade Girls Basketball Varsity Wrestling Varsity Golf Assistant Cross Country – H.S. Assistant Cross Country – H.S. VOID-did not have a name here Chad Tinstman Ron Neanen Robert Ebright J. Scott Burnett A. Brad Davis Matt Hopkins Tim Holland Steve Johnson Nick Flynn A. Bart Davis Dan Lucas Mark Silvers Randy Titkemeyer Jennifer Hopkins Nick Flynn YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-193 Page 7 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. Motion was made by Mr. Parks and seconded by Mr. Mowen to approve agenda Item IV. 4 Q-R. Q. R. Reserve Boys Basketball Varsity Cross Country Randy McKinney Randy McKinney YEAS – Mowen, Parks, Pool, Renner. ABSTAIN – McKinney. President declared motion passed. #1112-194 5. Employment – Certificated Staff Extra-Curricular Supplemental Contracts Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the following supplemental contracts for the 2012-2013 school year (July 1, 2012-June 30, 2013). Salaries and duties per Board Policy, Negotiated Agreement, Administrative Rules and Regulations and any applicable state requirements. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. AA. BB. CC. DD. EE. FF. GG. HH. Head Band Director Assistant Band Director Vocal Music Director – HS Grade 11 Class Advisor Grade 11 Class Advisor Book Store Coordinator Washington DC Trip Coordinator Peer Counselor Advisor Hi-Y Advisor Tri-Hi-Y Advisor Honor Society Advisor Audio Visual Coordinator Student Council Advisor – HS Vocal Music Director – MS Academic Team Advisor Spanish Language Club Advisor Science Club Advisor Art Club Advisor Chess Club Advisor – Bruce S.A.D.D. Advisor Language Arts Department Head – HS Math Department Head – HS Science Department Head – HS (1/2) Science Department Head – HS (1/2) Math Department Head – MS Science Department Head – MS Social Studies Department Head – MS 2nd Grade Level Leader 4th Grade Level Leader 5th Grade Level Leader Student Council Advisor – MS Academic Team Advisor – MS Grade 9 Class Advisor Grade 9 Class Advisor Tracy Phillips Paul Bingle Tracy Phillips Amber Michael Dorothy Stoltz Amber Michael Chad Tinstman Richard Hency Ray McCampbell Leslie Kelly James Richards Rick McCollum Shannon Langston Emily Pioske Aaron Hemmert Pam Carpenter Amy Kochensparger Amber Michael Mark Anspach Ray McCampbell Ann Gaydosh-Bruce Kevin Kochensparger Amy Kochensparger James Richards Kristin Schamel Jennifer Beeghly Rhonda Winings Sarah Brown Bev Richardson Karen Titkemeyer Jennifer Couch Catherine Borucki Robert Ebright Jennifer Hopkins Page 8 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 5. Employment – Certificated Staff Extra-Curricular Supplemental Contracts, cont. II. Grade 10 Class Advisor Leslie Kelly JJ. Grade 10 Class Advisor Shannon Langston KK. Grade 12 Class Advisor Ron Neanen LL. Yearbook Advisor – MS Ty Tolliver MM. Musical Instrumental Director Paul Bingle NN. Musical Vocal Director Tracy Phillips YEAS – Mowen, McKinney Parks, Pool, Renner. President declared motion passed. #1112-195 Motion was made by Mr. Mowen and seconded by Mr. Parks to approve agenda Item IV.5 OO. OO. Social Studies Department Head – HS Randy McKinney YEAS – Mowen, Parks, Pool, Renner. ABSTAIN – McKinney. President declared motion passed. #1112-196 6. Supplemental Contract Non-Renewals Motion was made by Mr. Mowen and seconded by Mr. Pool to approve, in accordance with Ohio Revised Code, the annual non-renewal and posting of the following supplemental contracts effective June 30, 2012 and requests that the Board authorize the Treasurer to send notices of non-renewal to each. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Varsity Girls Basketball Coach HS Assistant Football – ½ HS Assistant Football – ½ HS Assistant Football – ½ Football – Middle School Football – Middle School Varsity Boys Basketball 9th Grade Boys Basketball 7th Grade Boys Basketball 7th Grade Girls Basketball 8th Grade Volleyball Varsity Swimming HS Assistant Wrestling Wrestling – Middle School Wrestling – Middle School Varsity Baseball Reserve Baseball Track – Middle School ½ Track – Middle School ½ Varsity Volleyball Reserve Volleyball Varsity Softball Reserve Softball Varsity Boys Soccer Reserve Boys Soccer Randy Tikemeyer Chad Lee Ken Christello Don Houser Robbie Sams Josh Welch Denny Shepherd Troy Titus Clayton Genth Nathan Hans Tonna Ditmer Bill Aukerman Jason Bleil Wade Guthrie Scott Wilken Joel Visser David Curry Lori Lowman Corey Mowen Jessica Sams Susan Spitler Rachel Auld Karlene Smith Bruce Porter Eric Kiracofe Page 9 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 6. Supplemental Contract Non-Renewals, cont. Z. Reserve Girls Soccer AA. Program Assistant (Cross Country) BB. Program Assistant (Cross Country) CC. Varsity Boys Tennis DD. Varsity Girls Tennis EE. Varsity Cheerleading Advisor (Football) FF. Varsity Cheerleading Advisor (Basketball) GG. Reserve Cheerleading Advisor (Football) HH. Reserve Cheerleading Advisor (Basketball) II. 9th Grade Cheerleading Advisor (Basketball) JJ. 8th Grade Cheerleading Advisor (Football) KK. 8th Grade Cheerleading Advisor (Basketball) LL. 7th Grade Cheerleading Advisor (7th Grade) MM. 7th Grade Cheerleading Advisor (Football) NN. Dramatics Director – ½ position OO. Thursday/Saturday School Monitor Jamie McNutt Blake Pieratt Lori Lowman Rob Pugh Rob Pugh Sarah Morrison Sarah Morrison Jessica Shepherd Ashley Bowers Kathy Stevens Ashley Bowers Lori Spence Ashley Bowers Lori Spence Martha Hill Carolyn Walker YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 7. #1112-197 Employment – Certificated Staff – Supplemental Motion was made by Mr. Parks and seconded by Mr. McKinney to approve the following supplemental contracts for the 2011-2012 school year (July 1, 2011-June 30, 2012) or as noted. Salaries and duties per Board Policy Negotiated Agreement, Administrative Rules and Regulations and any applicable state requirements. A. B. Nick Flynn, Boys Head Track Coach – Middle School, retroactive to March 5, 2012. Lindsey Silvers, Jennifer Iwanski, Annie Martin, Amy Fugate, Kelly Wright, Cynthia Genth, Ann Tolliver, Tiana White, Jaime Hampton, Emily Schaeffer, Laura Hopper, Martha Puffenberger, Malissa Miller and Mary Neavin to teach in the OAA After-School Intervention Program at Bruce Elementary, retroactive to March 27, 2012 and running through April 20, 2012; three days per week, not to exceed three hours per week for a max of nine hours; to be paid at a rate of $20.00 per hour. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-198 Motion was made by Mr. McKinney and seconded by Mr. Pool to approve agenda Item IV. 8-11. 8. Employment – Non-Certificated Staff The following position has been posted and no certificated staff members have applied. The Administration recommends the employment of this nominee on a one-year limited contract for the 2011-2012 school year (July 1, 2011-June 30, 2012) or as noted, contingent upon completion of all state and local requirements. Salary and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. A. B. Lori Lowman, Assistant Track Coach – Middle School ½, retroactive to March 5, 2012 Pulled out for separate vote after #11 Page 10 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 9. Employment – Certificated Staff – Substitute Teacher/Tutor Employment of the following substitute teachers and tutors on a one-year limited contract for the 2011-2012 school year. Employment contingent upon certification, criminal background check, and all applicable state and local requirements. Salary and duties per Board Policy and Administrative Rules and Regulations with no fringe benefits. A. B. C. D. 10. Employment – Non-Certificated Staff – Substitute Employees Employment of the following substitutes for the 2011-2012 school year. Employment contingent upon certification (if necessary), criminal background check, and all applicable state and local requirements. Salary and duties per Board Policy and Administrative Rules and Regulations with no fringe benefits. A. 11. Elizabeth Knasel Lucas Krickenbarger Daryl Michael Chad Wensik Mindy Black, Substitute Aide Approval of Volunteers The following volunteer for the 2011-2012 school year, contingent upon completion of all state and local requirements, including criminal background check, if necessary. A. Betty Battista, Volunteer Softball Coach YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 8.B #1112-199 Employment – Non-Certificated Staff The following position has been posted and no certificated staff members have applied. Motion was made by Mr. McKinney and seconded by Mr. Pool to employ the following nominee on a one-year limited contract for the 2011-2012 school year (July 1, 2011-June 30, 2012) or as noted, contingent upon completion of all state and local requirements. Salary and duties per Board Policy, Negotiated Agreement, and Administrative Rules and Regulations. B. Corey Mowen, Assistant Track Coach – Middle School ½, retroactive to March 5, 2012 YEAS – McKinney, Parks, Pool, Renner. ABSTAIN – Mowen. President declared motion passed. #1112-199A 12. Post Temporary Positions Motion was made by Mr. Parks and seconded by Mr. Mowen to approve the following temporary positions to be filled as needed. A. One (1) maintenance helper at the rate of $8.00 per hour, not to exceed 40 hours per week, for a maximum of 11 weeks; as needed from June 4 through August 17, 2012. Page 11 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 12. Post Temporary Positions, cont. B. C. Four (4) custodian helpers, at the rate of $8.00 per hour, not to exceed 40 hours per week, for a maximum of 11 weeks; as needed from June 4, 2012 through August 17, 2012. Two (2) transportation department helpers, at the rate of $8.00 per hour; not to exceed 40 hours per week for a maximum of 120 hours each; as needed June 22, 2012 through July 13, 2012. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 13. #1112-200 Approval of Job Creation Motion was made by Mr. Pool and seconded by Mr. McKinney to approve the creation and filling of the position of Director of Operations, and approval of the Job Description for the same. (Attachment A of the agenda). Discussion – There was agreement among the board members for the job description; however, they were not in agreement with the “filling” of the position until figures are presented on the financial savings. Motion was made by Mr. Pool to amend the previous motion by removing the words “and filling”. Mr. McKinney seconded the motion to amend the previous motion by removing the words “and filling”. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion to amend passed. #1112-201 Vote on original motion, now amended, without the words “and filling”. Discussion – Mr. Mowen wants discussion and clarification on item before the board. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared amended motion passed. #1112-201A 14. Rate Schedule for Substitute Non-Certificated Employees Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the revised rate schedule for substitute non-certificated employees, effective July 1, 2012 (Attachment B to the agenda). Discussion – Mr. Renner asked how much these figures are changing. Mr. Neavin replied “minimal”. These are for classified subs. We are having difficulty getting or attracting these subs. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-202 Page 12 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 15. Section 504 Policies and Procedures Motion was made by Mr. Mowen and seconded by Mr. McKinney to approve policies and procedures for implementation of Section 504 of the Rehabilitation Act of 1973 during the 2012-2013 school year. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-203 16. Ratification of Agreement Motion was made by Mr. McKinney and seconded by Mr. Pool to approve the RATIFICATION OF THE AGREEMENT TO TERMINATE THE FULL REQUIREMENTS NATURAL GAS SALES & SERVICE AGREEMENTS WITH A MUTUAL RELEASE OF CLAIMS AND NATURAL GAS SALES & SERVICE AGREEMENT WITNESSES WHEREAS, The Southwestern Ohio Educational Purchasing Council (“EPC”), an association of state funded, not for profit school districts, public libraries and independent elementary and secondary schools has conducted a negotiation to terminate the existing Full Requirements Natural Gas Sales & Service Agreement with EnergyUSA – TPC Corp. relating to natural gas supply for schools, school districts and public libraries located in the Columbia Gas of Ohio service area, the Vectren Energy Ohio service area and the Duke Energy Ohio service area; and WHEREAS, EPC has arranged for a natural gas supply program with Constellation NewEnergy – Gas Division, LLC (“CNEG”) for schools, school districts and public libraries located in the Columbia Gas of Ohio service area, the Vectren Energy Ohio service area and the Duke Energy Ohio service area; and WHEREAS, _Eaton School is a member in good standing of the EPC; and WHEREAS, School Participant has reviewed The Agreement to Terminate the Full Requirements Natural Gas Sales & Service Agreements with a Mutual Release of Claims (the “Termination Agreement”) and the Natural Gas Sales & Service Agreement (“Agreement”), both of which are attached hereto and incorporated as part of this ratification; NOW THEREFORE, in consideration of the premises and the mutual covenants and other good and valuable consideration, School Participant agrees as follows: 1. School Participant hereby represents and warrants that it is a member in good standing of EPC. 2. School Participant hereby acknowledges receipt of a copy of the Agreement and Termination Agreement, and ratifies, accepts and agrees to comply with and be bound by the Agreement and the Termination Agreement as if its signature appeared on both said Agreement and Termination Agreement. 3. School Participant hereby appoints and authorizes EPC as its agent to act on School Participant’s behalf in all matters regarding Page 13 of 19 natural gas supply and related products and services. EPC has full and complete authority to (i) engage in communication with CNEG in regard to the obligations within the Agreement and any natural gas transactions, (ii) have access to all information, notices, billing data and any other information relating to natural gas supply from CNEG, and (iii) act on School Participant’s behalf to discuss, negotiate, execute and deliver binding natural gas agreements and transaction confirmations involving the purchase of natural gas and related products. School Participant acknowledges that School Participant shall remain responsible for all obligations incurred on its behalf by EPC and School Participant will be bound by any gas supply related agreements entered into by EPC on School Participant’s behalf as if executed by School Participant directly. 4. School Participant hereby authorizes and agrees to the formation of a School Implementation Committee as called for in the Termination Agreement and further authorizes the School Implementation Committee to act on behalf of the School Participant with respect to the implementation of the Termination Agreement and authorizes EPC to appoint, at its sole discretion, a representative to the School Implementation Committee. 5. School Participant acknowledges and agrees that its ratification of the Agreement and Termination Agreement shall not make or be construed to make the School Participant liable for the unpaid balance of any other past or present member of the EPC natural gas program. 6. This ratification shall obligate the School Participant to pay for any natural gas supply or service obligations incurred on its behalf pursuant to the terms and conditions of the Agreement and this ratification, and shall obligate the School Participant to pay for any amounts due and owing by the School Participant to EnergyUSA – TPC Corp. in accordance with the terms and conditions of the Termination Agreement. 7. The signatory parties to this ratification acknowledge and agree that the Agreement and the Termination Agreement as attached hereto cannot be changed or otherwise modified without the express written approval of EPC and ratification by the School Participant. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-204 17. Resolution to Grant Authority to the Eaton Community Schools Education Fund Motion was made by Mr. Mowen and seconded by Mr. McKinney to approve the resolution to GRANT AUTHORITY TO THE EATON COMMUNITY SCHOOLS EDUCATION FUND TO ACCESS THE SITE INCLUDING PERTINENT RECORDS FOR THE PURPOSE OF SOLICITING REQUESTS FOR QUALIFICATIONS. WHEREAS, the Eaton Community Schools Board of Education (the “Board”) has determined the need to develop an Athletic, Wellness and Arts Facility on the site of the current high school and middle school (the “Facility”); and WHEREAS, the Eaton Community Schools Education Fund (hereinafter called the “Fund”) has expressed an interest in the funding, development and construction of the Facility for the benefit of the community including the School District; Page 14 of 19 WHEREAS, in order to determine the feasibility of developing the Facility, the “Fund” desires the opportunity to seek out the services of architectural firms to develop plans relevant to the construction of said Facility for future presentation to the Board; and WHEREAS, the parties understand that future development of the Facility on the site will be subject to additional approvals by the Board through formal agreement between the Board and the “Fund”; NOW, THEREFORE, BE IT RESOLVED that the Eaton Community Schools Board of Education grants authority to the Eaton Community Schools Education Fund to access the site including pertinent records for the purpose of soliciting Requests for Qualifications from architectural firms and agencies qualified and experienced in the design of school athletic, arts, wellness, and educational facilities, all in accordance with O.R.C. Sections 153.01 and 153.66. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-205 18. Resolution to Issue Notice of Intent to Award Construction Contracts Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the resolution AUTHORIZING THE ISSUANCE OF A NOTICE OF INTENT TO AWARD MULTIPLE CONTRACTS FOR WORK RELATED TO CONSTRUCTION OF THE NEW BRUCE ELEMENTARY SCHOOL BILDING, THE NOTIFICATION OF SURETIES RELATED THERETO, AND AUTHORIZING THE PRESIDENT AND THE TREASURER TO ENTER INTO SAID CONTRACT UPON COMPLIANCE WITH ALL CONDITIONS PRECEDENT RELATED THERETO AND THE AUTHORIZATION TO EXECUTE SAID CONTRACT IN CONNECTION THEREWITH. WHEREAS, the Eaton Community School District, County of Preble, Ohio (hereinafter called the “School District”), building program identifying classroom facilities needs and basic project costs (hereinafter called the “Master Plan”) for the Bruce Elementary School Project (the “Project”) has been approved by the Ohio School Facilities Commission, State of Ohio (hereinafter called the “Commission”) and Ohio Controlling Board, as authorized under Section 3318.36 of the Ohio Revised Code (“O.R.C.”); WHEREAS, the Eaton Community School District Board of Education (hereinafter called the “Board of Education”) has issued its bond or notes as required under Section 3318.80(A) and 3318.091, O.R.C. and deposited the proceeds thereof in the Board of Education’s Construction Account as required by Sections 3318.80(B) and 3318.091, O.R.C.; WHEREAS, the Board of Education has entered into an Expedited Local Partnership Program Agreement with the Commission related to the Project pursuant to Section 3318.36, O.R.C. and a Classroom Facilities Assistance Program Agreement with the Commission related to the Project pursuant to Section 3318.08, O.R.C.; WHEREAS, the Board of Education has entered into an Expedited Local Partnership Program Agreement with the Commission related to the Project pursuant to Section Page 15 of 19 3318.36, O.R.C. and a Classroom Facilities Assistance Program Agreement with the Commission related to the Project pursuant to Section 3318.08, O.R.C.; WHEREAS, the Board of Education plans on utilizing qualified school construction bond funds (“QSCB funds”) solely with respect to the Project and, pursuant to H.R. 2248, Subtitle G: Section 1601 of the ARRA, “prevailing wage” requirements will apply to the Project; WHEREAS, the Board of Education has contracted with a qualified professional design firm, Fanning/Howey Associates, Inc. (hereinafter called the “Architect”), under Sections 153.65 to 153.71, O.R.C., to prepare separate plans, specifications and estimates of cost, and such data as the Board of Education deems necessary for the Project and in compliance with the specifications set forth in the Commission’s Design Manual, where applicable; WHEREAS, the OSFC has retained a qualified construction management firm, Megen Construction Company, Inc. (hereinafter called the “Construction Manager”), under Sections 9.33, 9.331 and 9.332, O.R.C., related to constructability, logistics, availability of materials and labor, and time requirements for construction, preliminary budgets and possible economies; WHEREAS, the Board of Education has appointed Thomas Doseck as its authorized representative (hereinafter called the “Authorized Representative”) to act on its behalf during the planning, bidding, award and construction phases of the Project; WHEREAS, the Authorized Representative and Construction Manager, on behalf of the Board of Education and with the assistance of the Architect, received sealed bids at the time and place established for the receipt of bids for said Bid Packages in the Notice To Bidders and opened and read aloud said bids immediately thereafter; WHEREAS, the Authorized Representative and Construction Manager, with the assistance of the Architect, have tabulated the bids received and advised the Board of Education on the acceptance or rejection of any or all bids, alternates and budget considerations; WHEREAS, the Authorized Representative and Construction Manager, with the assistance of the Architect, have reviewed all bids received and the Construction Manager and Architect have conducted a responsible investigation of the apparent low Bidders in compliance with Sections 153.12 and 3313.46(A)(6), O.R.C., and any other authorizing provisions of law; WHEREAS, the Board of Education now desires to award the construction contracts for the Bid Packages set forth in Section 1 below (collectively, the “Contracts”) and to Page 16 of 19 authorize the President and the Treasurer to enter into said Contracts upon compliance with all conditions precedent related to the Improvements. NOW, THEREFORE, BE IT RESOLVED, by the Board of Education, that after careful consideration and evaluation of the information before it: Section 1. The Board of Education hereby accepts the recommendation of the Construction Manager, Architect and Authorized Representative to award the Base Bid and any Alternates for the Bid Packages for the Improvements to the bidders as provided below as the lowest responsible bidders in compliance with Section 3313.46(A)(6), O.R.C., and any other authorizing provisions of law, contingent upon compliance with all conditions precedent to contract execution: Bid Package General Trades Casework Fire Protection Plumbing HVAC Electrical/Data Lowest Responsible Bidder Peterson Construction FarnhamEquipmentCompany Dalmation Fire Frebco Industrial Piping Feldkamp Enterprises Chapel Electric Kitchen Equip. C&T Design Total Base Bid $6,020,000 $ 206,175 $ 121,000 $496,500 $1,338,000 $1,797,444 $319,500 $10,298,619 Alternate $162,800 $0 $0 $0 $32,000 $65,420 $0 $260,220 Total $6,182,800 $206,175 $121,000 $496,500 $1,370,000 $1,862,864 $319,500 $10,558,839 Section 2. The Board of Education hereby authorizes the Construction Manager, on its behalf, to forward a Notice of Intent to Award Contract for said Improvements, with the appropriate Contract Form, to the lowest responsible bidders referenced in Section 1. The Construction Manager shall simultaneously notify the surety and agent of the surety of said lowest responsible bidders of the intent to award pursuant to Section 9.32, O.R.C. Section 3. Subject to the approval of the Board of Education construction counsel, and upon compliance with all conditions precedent to execution of the Contracts, the Board of Education hereby authorizes the President and Treasurer to sign said Contracts. Section 4. The Board of Education hereby authorizes the Treasurer to sign the Certificate of Funds, upon execution of said Contracts, and attach to said Contracts a copy of the Certificate of Funds. Section 5. The Board of Education hereby authorizes the Construction Manager (at a time determined appropriate by Construction Manager), after the Construction Page 17 of 19 Manager’s receipt of said Contracts signed by the Contractors to forward a Notice to Proceed for said Contracts. Section 6. The Board of Education hereby authorizes the Treasurer, at the appropriate time and with the assistance of the Board of Education construction counsel, to prepare, and make available upon request, a Notice of Commencement pursuant to Section 1311.252, O.R.C., prior to the performance of any work related to said Contracts. Section 7. The Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22, O.R.C. Section 8. This resolution shall be in full force and effect from and immediately after its adoption and shall supersede any prior resolution or act of this Board of Education that may be inconsistent or duplicative with the provisions of this resolution. Discussion – There was discussion among the board members regarding the chart in this resolution. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 19. Resolution to Certify Local Share of Funds for Budget Adjustment Relating to the School Construction Project Motion was made by Mr. Mowen and seconded by Mr. McKinney to approve the resolution AUTHORIZING THE TREASURER TO CERTIFY AVAILABILITY OF DISTRICT FINANCIAL RESOURCES TO MEET THE LOCAL SHARE OF THE NEEDED BUDGET ADJUSTMENT FOR THE SCHOOL CONSTRUCTION PROJECT. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 20. #1112-207 Approve Contract with Montgomery County Educational Service Center Motion was made by Mr. Pool and seconded by Mr. McKinney to enter into a contract with the Montgomery County Educational Service Center for PASS for FY2013. YEAS -- Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 21. #1112-206 #1112-208 Approve Contract with Preble County Educational Service Center Motion was made by Mr. Mowen and seconded by Mr. Pool to enter into a contract with the Preble County Educational Service Center for services for FY2013. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-209 Page 18 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. 22. SOITA Membership Motion was made by Mr. Mowen and seconded by Mr. McKinney to approve district membership in SOITA (Southwestern Ohio Instructional Technology Association) for the 20122013 school year. Discussion – Mr. Pool questioned SOITA’s membership cost and how many of our staff are attending. Would like to know the cost of Webcasting and when are they using it? The treasurer stated we used to be able to buy vouchers for classes; however, that program is no longer available. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 23. Amendment to the March 12, 2012 Resolution #1112-182 Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve amending Resolution #1112-182 of the March 12, 2012 Board Agenda to reflect the Employment of the Treasurer will be effective July 1, 2012 through July 31, 2017. YEAS -- Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 24. #1112-211 Approval of Out-of-State Student Trips Motion was made by Mr. Pool and seconded by Mr. Parks to approve the following out-of-state student trips. A. B. Junior Class, along with Ron Neanen, Jessica DeHart, Aaron Hemmert and Scott Couch, to Indiana University East, Richmond, Indiana, on April 27, 2012. Band students, along with Tracy Phillips and Paul Bingle, to Orlando, Florida, March 31, 2013 thru April 5, 2013. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. 25. #1112-210 #1112-212 Surplus Items List Motion was made by Mr. Mowen and seconded by Mr. McKinney to declare certain items as surplus/obsolete and to dispose of them. A. 87 various library books with outdated/obsolete information. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-213 EXECUTIVE SESSION Motion was made by Mr. McKinney and seconded by Mr. Pool to convene executive session for the purpose of discussing employment of a public employee. Invited in to the executive session were Mr. Neavin, Mrs. Dodson, Mr. Couch, Mr. Hughes, Eaton Schools’ legal counsel and possibly the OEA representative, Mr. Dudas and his representatives. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-214 President convened executive session at 7:40 p.m. President resumed open session at 9:43 p.m. Page 19 of 19 4-9-2012, ECSBOE Reg. Sess. Mins., cont. TERMINATION OF EMPLOYMENT Motion was made by Mr. McKinney and seconded by Mr. Mowen to approve the termination of employment of the following classified staff member effective immediately. A. Jim Dudas, Special Education Aide YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed. #1112-215 ADJOURNMENT Motion was made by Mr. McKinney and seconded by Mr. Mowen to adjourn the meeting. YEAS – Mowen, McKinney, Parks, Pool, Renner. President declared motion passed and meeting was adjourned at 9:45 p.m. #1112-216