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MONTGOMERY TOWNSHIP BOARD OF EDUCATION Skillman, New Jersey 08558 Meeting, Tuesday, July 26, 2011 7:00 p.m. Executive Session 7:30 p.m. Public Session Board of Education Office Conference Room WORKSHOP AND BUSINESS MEETING A G E N D A OPENING OF THE MEETING Call to Order - Board President Statement of Open Meeting and Public Participation - In accordance with the State's Sunshine Law, adequate notice of this meeting was provided by mailing notice of the meeting on May 4, 2011 and July 19, 2011. Notice was provided to Board of Education Members, Montgomery Township Clerk, Rocky Hill Borough Clerk, Public Library, Township Posting, School Postings, PTSA Officers, Courier News, Princeton Packet, Trenton Times, and The Star Ledger. The Board reserves the right to enter into Executive Session during all meetings of the Board of Education. This meeting is being tape-recorded for the purpose of Board review and future reference and to assist in the preparation of minutes. It is the School Board’s intention to conclude this meeting no later than 10:00 p.m. EXECUTIVE SESSION It is recommended that the Board convene in Executive Session for the purpose of discussing items related to personnel which include the following: side bar agreements with the Montgomery Township Education Association, revised salaries, appointments, co-curricular assignments, salary advancement for staff, resignations, and leaves of absences. When the need for confidentiality no longer exists, the matter will be disclosed to the public. RECONVENE IN OPEN SESSION – 7:30 p.m. SALUTE THE FLAG ROLL CALL SUPERINTENDENT’S REPORT COMMITTEE/REPRESENTATIVE REPORTS Board Committee Reports • Assessment, Curriculum and Instruction Committee Report • Finance and Budget Committee Report • Human Resources Committee Report • Operations and Facilities Committee Report Energy Program Report by Brian Greco • Policy Committee Report • President’s Report Agenda for Workshop and Business Meeting of July 26, 2011 Page 2 Representative Reports • Student Representative Report • MTEA Report • Board Member Delegate/Representative Reports (SCSBA, PTSA, Legislative, NJSBA, Ed. Services Commission, etc.) BOARD/PUBLIC COMMENTS – Members of the public are allotted one opportunity to address the Board regarding Board Committee, Representative Reports, Superintendent’s Report or any other business for a maximum of five (5) minutes during this period of the meeting. APPROVAL OF MINUTES – It is recommended that the Board approve the minutes of the following Board Meeting(s): 1. June 12, 2011 Special Meeting 2. June 14, 2011 Executive Session 3. June 14, 2011 Workshop Meeting 4. June 28, 2011 Executive Session 5. June 28, 2011 Business Meeting ACCEPTANCE OF CORRESPONDENCE – It is recommended that the Board of Education accept the correspondence as follows: 1. E-mail dated 6/27/2011 from R. Pliskin regarding the school funding discussion 2. E-mail dated 6/27/2011 from G. Barron regarding the school funding discussion 3. E-mail dated 6/27/2011 from L. Dominick regarding school funding 4. E-mail dated 7/12/2011 from M. Rosso regarding school funding ACTION AGENDA PUBLIC COMMENTS Members of the public are allotted one opportunity to address the Board regarding the Action Agenda for a maximum of five (5) minutes during this period of the meeting. 1.0 ADMINISTRATIVE The Superintendent recommends that the Board of Education approve the administrative items as follows: 1.1 Routine Monthly Reports – as attached 1. Student Care and Control Report 2. Teacher Absences Report 3. Fire Drill Report 4. Timeline of Critical Activities 1.2 Policy First Reading – Approve the following policies as a first reading: Policy Committee Charter 5512 – Abolishment Hazing 5512.02 - Abolishment Cyberbullying 0144 Board Member Orientation and Training 2440 Summer Session 3125.2 Employment of Substitute Teachers 3381 Protection against Retaliation Agenda for Workshop and Business Meeting of July 26, 2011 Page 3 3420 Benefits 3437 Military Leave – Teaching Staff Members 4437 Military Leave – Support Staff Members 1.3 Human Relations Council Charter and Interim Members – Approve the Charter of the Human Relations Council (HRCl) as attached. Further, it is recommended that the Board approve the following parents, administrators, staff and Board of Education member as the interim Human Relations Council: Parents: Jonathan Alger, Tynicka Battle, Dr. Gregory J. Coram, Tracy Hollingsworth, Dr. Carol Kelley, Helen Lee, Ana Santini, Stephen K. Shueh, Pamela Simpkins, Paula H. Simpkins, Neena Singh, Dr. Malini Waghray; District Administrators: Thomas Barclay, Cory Delgado, Earl Kim, Susan Lacy, Michael Richards, Bill Robbins, Kathleen Scotti, Russ Walsh; Staff Members: Julie Brenner, Lauren Fornal, Carla Hampton, Brittany Maple, Margaret Weinberger Board of Education Representative: Dr. Christine Ross 2.0 CURRICULUM & INSTRUCTION The Superintendent recommends that the Board of Education approve the curriculum and instruction agenda as follows: 2.1 Rescind Out-of-District Placements – Special Education 2011/2012 as follows - Rescind the following Out-of-District placements for the 2011/12 school year. Effective Reason Pupil ID# Class. School Date 158510 SLD Cambridge School Sept. 2011 Placement indicated on 6/28/11 agenda was incorrect. OHI Sept. 2011 Another placement is being 100479 Grove School, CT (Tuition) considered. OHI Sept. 2011 Another placement is being 100479 Grove School, CT (Clinical) considered. ED July 2011 Clinical is considered part of 355867 Grove School, CT (Clinical) tuition cost. 2.2 Out-of-District Placements – Special Education 2011/2012 as follows - Approve the following Out-of-District placements for the 2011/12 school year. TUITION Pupil Total for ID# Class. School ESY RSY Year 009241 Aut Hunterdon Cty ESC-West Amwell $6,897.00 TBD TBD (AIDE) 010032 SLD Bridge Academy $2,300.00 $37,710.00 $40,010.00 010473 ED Somerset Secondary Academy $5,300.00 TBD TBD 022883 MIC West Windsor Plainsboro Regional $1,511.42 $36,528.00 $38,039.42 Agenda for Workshop and Business Meeting of July 26, 2011 Page 2 100590 MD Arc Kohler School $10,125.88 $55,692.34 $65,818.22 101248 ED Warren Hills Regional School District No Cost $20,800.00 $20,800.00 158510 SLD Bridge Academy $2,280.00 $18,855.00 $21,135.00 211883 SLD Bridge Academy $2,280.00 $37,710.00 $39,990.00 355867 ED Grove School, CT (Tuition) NA $76,899.96 $76,899.96 Approve placements for student ID#s 280489 and 310229 in the Somerset County Vocational & Technical High School for the 2011/12 school year. The tuition rate of $2,550.00 per student covers various costs associated with being in The Academy for Medical & Health Sciences in partnership with Raritan Valley Community College. 2.3 Consultant Approvals 2011/2012 – Approve the following consultants for the 2011/12 school year. CONSULTANT SERVICES PROVIDED RATES OF SERVICE NAME/VENDOR Alexander Road Associates Psychiatric Evaluations $495.00/evaluation Eden Outreach ABA Consultative/Therapy Services $95.00/hour + expenses (Michelle Brooks) Travel $40.00/hour Approve NJ Commission for the Blind and Visually Impaired Services to provide Level I Services for students ID# 9216 and ID# 9233 at a cost of $1,700.00 per student and Level 2 Services for student ID# 9265 at a cost of $4,100.00. 2.4 Nonpublic School Funding Through IDEA Grant – Approve Somerset County Educational Services Commission to administer the district’s Nonpublic School Funding through the Individuals with Disabilities Education Act (IDEA) grant and provide services to students with disabilities as per the grant application and pertinent regulations for the period September 1, 2011 until August 31, 2012. Montgomery Township will pay Somerset County ESC the full amount of the Nonpublic School IDEA proportionate share grant funding (100% of the State Aide including the 5% administrative surcharge) for the services, based on the rates of $24.45/ 30 min. speech session and $21.71/ 30 min. supplemental service. 2.5 Nonpublic School Funding for Chapters 192/193 – Approve Somerset County Educational Services Commission to administer the district’s Nonpublic School Funding allocated by the State Department of Education for auxiliary services to Nonpublic Schools pursuant to the the provisions of the laws pertaining to Chapters 192 and 193 for the period July 1, 2011 until June 30, 2012. Montgomery Township agrees to pay Somerset County ESC the approved sum which includes a 6% administrative surcharge for these services, based on the following fee scale. Speech (per student/30 min. session) $19.56 Supplemental (per student/30 min. session) $17.37 Comp. Ed (per student/30 min. session) $20.93 ESL (per student/30 min. session) $21.35 ESL Evaluation (per student) $200.00 Language Evaluation (per student) $275.00 Speech Screening (per student) $10.00 Home Instruction (per hour) $31.53 Initial Evaluation/Reevaluation (per student) $1,115.57 Annual Review $319.66 Agenda for Workshop and Business Meeting of July 26, 2011 Page 3 2.6 Exchange Student Approval – Approve student J. U. as an 11th grade exchange student at Montgomery High School for the 2011-2012 school year. 2.7 Donation Acceptance – Accept the donation of a vertical lithography camera from The College of New Jersey to be used in the photography dark room at Montgomery High School. th 2.8 Tuition Student Approval – Accept A.S. as a tuition-based 11 grade student at MHS for the 2011–2012 school year at the Board approved tuition rate. 3.0 FINANCE The Superintendent recommends that the Board of Education approve the finance agenda as follows: 3.1 Financial Reports - As prepared by the School Business Administrator and Treasurer of School Moneys which are in agreement, and presented by the Superintendent, approve the following reports as of June 30, 2011: - Board Secretary’s Report - Treasurer’s Report - Investment Report - Food Services Report 3.2 Ratification of Transfers - ratify the transfer of funds among the general, special revenue and capital projects funds’ line items as of June 30, 2011. 3.3 Receipt of Certification from Board Secretary - Pursuant to NJAC 6A:23-2.12 (c) 3, I, Thomas M. Venanzi, certify that as of June 30, 2011 no line item account has encumbrances and expenditures, which in total exceed the line item appropriation in violation of 6A:23-2.12 (a). __________________________________ _________ Board Secretary Date 3.4 Certification of Board of Education - Pursuant to NJAC 6A:23-2-12 (c) 4, we certify that as of June 30, 2011 after review of the Board Secretary's and Treasurer’s monthly financial reports, in the minutes of the board each month that no major account or fund has been over expended in violation of NJAC 6A:23-2.12 (b). 3.5 Approval of Bills to close out Year End - approve the end of year bills as follows: General Operating $1,127,657.03 Food Services $ 132,058.66 3.6 Approval of Monthly Bills for July – approve the monthly bills as follows: General Operating $4,914,689.66 Food Service 2,515.58 3.7 Travel Reimbursement – 2011/2012 – approve the Board member and/or staff conference and travel expenses as per the attached list. Agenda for Workshop and Business Meeting of July 26, 2011 Page 4 3.8 Supplemental Schedule for Requisition of Taxes - approve the supplemental schedule for requisition of taxes from Montgomery Township for the 2011-2012 school year due to the Commissioner of Education restoration of $100,000 for the 2010-11 school year. MONTGOMERY TOWNSHIP SUPPLEMENTAL TAX LEVY SCHEDULE FOR 2011-2012 General Fund AUGUST 1, 2011 $16,303 SEPTEMBER 1, 2011 $8,151 OCTOBER 3, 2011 $8,151 NOVEMBER 1, 2011 $8,151 DECEMBER 1, 2011 $8,153.56 TOTAL 2011 $48,909.56 JANUARY 2, 2012 $8,152 FEBRUARY 1, 2012 $8,152 MARCH 1, 2012 $8,152 APRIL 2, 2012 $8,151 MAY 1, 2012 $8,151 JUNE 1, 2012 $8,151.57 TOTAL 2012 $48,909.57 TOTAL LEVY $97,819.13 3.9 Supplemental Schedule for Requisition of Taxes - approve the supplemental schedule for requisition of taxes from the Borough of Rocky Hill for the 2011-2012 school year due to the Commissioner of Education restoration of $100,000 for the 2010-11 school year. BOROUGH OF ROCKY HILL SUPPLEMENTAL TAX LEVY SCHEDULE FOR 2011-2012 General Fund SEPTEMBER 1, 2011 $2,180.87 TOTAL 2011 $2,180.87 Agenda for Workshop and Business Meeting of July 26, 2011 Page 5 3.10 Resolution of Montgomery Township Board of Education Authorizing the Execution or Acknowledgment and Delivery of Certain Agreements and Certain Other Actions to be taken all in Connection with the Somerset County Improvement Authority’s County of Somerset Guaranteed Renewable Energy Program Lease Revenue Bonds, Series 2011 (Federally Taxable) – Approve the following resolution: WHEREAS, the Somerset County Improvement Authority (including any successors and assigns, the “Authority”) has been duly created by resolution duly adopted by the Board of Chosen Freeholders (the “Board of Freeholders”) of the County of Somerset (the “County”) in the State of New Jersey (the “State”) as a public body corporate and politic of the State pursuant to and in accordance with the county improvement authorities law, constituting Chapter 183 of the Pamphlet Laws of 1960 of the State, and the acts amendatory thereof and supplemental thereto (the “Act”), and other applicable law; WHEREAS, the Authority has developed a program (the “Renewable Energy Program”) for the financing, design, permitting, acquisition, construction, installation, operation and maintenance of renewable energy capital equipment and facilities such as solar panels, wind turbines, and hydro- electric, bio-diesel, geothermal, and bio-mass facilities, including any related electrical modifications, work related to the maintenance of roof warranties, or other work required, desirable or convenient for the installation of such systems (collectively, the renewable energy capital equipment and facilities, the “Renewable Energy Projects”) for and on behalf of the County and local governmental units within the County, including without limitation municipalities, boards of education for school districts, local authorities and any other local government instrumentalities, public bodies or other local government entities; collectively, including the County, the “Local Units”); WHEREAS, the Renewable Energy Projects procured under the Renewable Energy Program are to be installed on, in, affixed or adjacent to and/or for any other Local Unit controlled buildings, other structures, lands or other properties of the Local Units (collectively, the “Local Unit Facilities”); WHEREAS, it may be necessary, desirable or convenient, in connection with the financing, design, permitting, acquisition, construction, installation, operation and maintenance of the Renewable Energy Projects, to finance, design, permit, acquire, construct, renovate and install certain capital improvements to the Local Unit Facilities, including without limitation, improvements to or replacement of, roofing systems, if any (the “Capital Improvement Projects” and together with the Renewable Energy Projects and any Completion Project as defined in the hereinafter defined Bond Resolution, the “Projects”), and to the extent no Capital Improvement Projects are so financed, references herein shall have no meaning; WHEREAS, the primary goal of the Renewable Energy Program is to expand the use of renewable energy sources available and utilized by the Local Units for their Local Unit Facilities, with the attendant environmental and financial benefits associated thereby, and to reduce the energy related operating costs to the Local Units for their Local Unit Facilities, all intended to be offered at no net cost to the Local Units; WHEREAS, in order to implement the initial tranche of the Renewable Energy Program, the Authority has determined to finance the respective Renewable Energy Projects (there being no Capital Improvement Projects for this tranche) on the respective Local Unit Facilities for each of the following participating Local Units: Agenda for Workshop and Business Meeting of July 26, 2011 Page 6 (i) Bernards Township, Bernardsville Borough, Bedminster Township, Bridgewater Township, Franklin Township, Borough of North Plainfield, Borough of Peapack and Gladstone and Warren Township (collectively, the “Municipal Series 2011 Local Units”); and (ii) Bridgewater Raritan Board of Education, Montgomery Board of Education, North Plainfield Board of Education, Somerset Hill Board of Education, Warren Township Schools, Watchung Borough Board of Education (collectively, the “Board of Education Series 2011 Local Units”); and (iii) County, Morris-Union Jointure Commission, Somerset County Park and Somerset County V-Tech School (collectively, the “County Series 2011 Local Units”); and (iv) Bernardsville Public Library (the “Nonprofit Corporation Series 2011 Local Unit”) (including the hereinafter defined Participant, each a “Series 2011 Local Unit”, and collectively, the “Series 2011 Local Units”), through the issuance by the Authority of one or more series of its notes or bonds entitled “County of Somerset Guaranteed Renewable Energy Program Lease Revenue [Notes] Bonds, Series 2011 (Federally Taxable)” dated their date of delivery, Outstanding (in the aggregate at any one time under and as defined in the Bond Resolution) in principal amount (including sinking fund installments, if any) not to exceed $50,000,000 (the “Series 2011 Bonds”); WHEREAS, pursuant to N.J.S.A. 40:37A-77 of the Act, N.J.S.A. 40A:65-4 of the Uniform Shared Services and Consolidation Act (as amended and supplemented from time to time, the “Shared Services Act”) and other applicable law, upon or prior to the issuance of the Series 2011 Bonds, the Authority shall have entered into a “License and Access Agreement (Somerset County Renewable Energy Program, Series 2011)” to be dated as of the first day of the month of issuance of the first series of Series 2011 Bonds (as the same may be amended or supplemented from time to time in accordance with its terms, each agreement shall constitute a “Local Unit License Agreement”, and collectively, the “Local Unit License Agreements”) with each Series 2011 Local Unit, including the Participant, that would, among other things, provide the Authority and/or its assignees the right and obligation to (i) access the Local Unit Facilities of each such Series 2011 Local Unit, most particularly their roofs and electrical systems (the “Local Unit License”), (ii) finance, design, permit, acquire, construct, install, operate and maintain the Renewable Energy Projects for a term of fifteen (15) years on, in, affixed or adjacent to, or for the benefit of such Local Unit Facilities, (iii) receive the right to the renewable energy produced from the Renewable Energy Projects financed by the Series 2011 Bonds, and (iv) sell all or a portion of the renewable energy produced from such Renewable Energy Projects through the Authority to the respective Series 2011 Local Units, pursuant to an assignment (under each Local Unit License Agreement) from the Authority to the Series 2011 Local Units of the Power Purchase Agreement (as hereinafter defined), the terms of which Power Purchase Agreement could be entered into directly by the Series 2011 Local Units under N.J.S.A. 40A:11-15(45) of the Local Public Contracts Law (for the municipality/County Series 2011 Local Unit) and under N.J.S.A. 18A:18A-42(o) of the Public Schools Contracts Law (for the board of education Series 2011 Local Units); WHEREAS, pursuant to (i) N.J.S.A. 40A:11-4.1(k) of the Local Public Contracts Law, (ii) Local Finance Board Notice 2008-20, December 3, 2008, Contracting for Renewable Energy Services, (iii) the Board of Public Utilities (“BPU”) protocol for measuring energy savings in PPA agreements dated February 20, 2009 (Public Entity Energy Efficiency and Renewable Energy Cost Savings Guidelines), (iv) Local Finance Board Notice 2009-10 dated June 12, 2009, Contracting for Renewable Energy Services: Update on Power Purchase Agreements, (v) all other applicable law, and (vi) pursuant to a competitive contracting process governed thereby, the Authority selected Sunlight General Somerset Solar, LLC, as solar developer (the “Company”) to Agenda for Workshop and Business Meeting of July 26, 2011 Page 7 implement the Renewable Energy Projects for the Series 2011 Local Units, including the Participant, at the Local Unit Facilities; and WHEREAS, upon or prior to the issuance of the Series 2011A Bonds, the Authority and the Company shall enter into that certain “Power Purchase Agreement (Somerset County Renewable Energy Program, Series 2011)” to be dated as of the first day of the month of issuance of the initial series of Series 2011 Bonds (as the same may be amended or supplemented from time to time in accordance with its terms, the “Power Purchase Agreement”), which Power Purchase Agreement shall, among other things, obligate the Company to develop the Renewable Energy Projects for the Series 2011 Local Units, including the Participant, on their Local Unit Facilities, and combined with the Local Unit License Agreement, provide for the sale of the electricity produced by the Renewable Energy through the Authority to the Series 2011 Local Units, including the Participant, Projects at a fixed price, plus fixed escalation, set forth in the Power Purchase Agreement (the “PPA Price”), all as authorized pursuant to N.J.S.A. 40:37A-77 and -78 of the Act, N.J.S.A. 40A:65-4 of the Shared Services Act, N.J.S.A. 40A:11-15(45) of the Local Public Contracts Law and N.J.S.A. 18A:18A-42(o) of the Public Schools Contracts Law, and the guidelines applicable to such contracts promulgated by the State Board of Public Utilities. NOW THEREFORE BE IT RESOLVED BYTHE GOVERNING BODY OF THE MONTGOMERY TOWNSHIP BOARD OF EDUCATION (THE “PARTICIPANT”), IN THE COUNTY OF SOMERSET, NEW JERSEY, as follows: Section 1. The Participant’s Renewable Energy Projects and the financing of the Participant’s Renewable Energy Projects through the Local Unit License Agreement, the Power Purchase Agreement, the resolutions and agreements in connection with the Series 2011 Bonds, and the other Renewable Energy Program documents, is hereby approved. Section 2. The School Business Administrator/Board Secretary (the "Authorized Officer") is hereby authorized and directed to execute or acknowledge, as the case may be, and deliver (i) the Local Unit License Agreement for the Participant and the Power Purchase Agreement to be acknowledged by the Participant, both in substantially the forms attached hereto as Exhibit A, with such changes thereto as the Authorized Officer deems in his sole discretion to be necessary, desirable or convenient for the execution thereof and to consummate the transactions contemplated hereby, which execution thereof shall conclusively evidence the Authorized Officer's approval of any changes to the forms The Authorized Officer is hereby further authorized and directed to execute such other closing certificates (the “Closing Certificate”) deemed necessary, desirable or convenient for the execution thereof and to consummate the transactions contemplated hereby, which execution thereof shall conclusively evidence the Authorized Officer's approval of the provisions and form of such Closing Certificate, which shall include without limitation, (x) the PPA Price, including escalation, (y) affirming that the PPA Price is less than the exiting tariff paid by the Participant for electricity, and (z) that Participant has received a copy of the report of the Authority's energy engineering consultant regarding the selection of the Company and the establishment of the PPA Price. Section 3. The Secretary and any Assistant Secretary of the Participant are each hereby severally authorized and directed, upon the execution or acknowledgment of the documents set forth in Section 2 hereof: to attest to the Authorized Officer's execution or acknowledgment of such documents and is hereby further authorized and directed, when required by the Authority, to thereupon affix the seal of the Participant to such documents. Section 4. Upon the execution or acknowledgment and attestation of and if required, the placing of the seal on the documents set forth in Section 2 hereof as contemplated by Sections 2 and 3 hereof the Authorized Officer is hereby authorized and directed to (i) deliver such fully Agenda for Workshop and Business Meeting of July 26, 2011 Page 8 executed or acknowledged, attested and sealed Local Unit License Agreement of the Participant to the other parties thereto and (ii) perform such other actions as the Authorized Officer deems necessary, desirable or convenient in relation to the execution and delivery thereof. Section 5. The governing body of the Participant hereby authorizes the performance of any act, the execution or acknowledgment and delivery of any other document, instrument or Closing Certificates, including without limitation any solar renewable energy certificate auction or other applications or documents, which the Authorized Officer deems necessary, desirable or convenient in connection with this contemplated transaction, and the governing body of the Participant hereby directs the Authorized Officer. to execute or acknowledge, attest and affix (or cause the attestation or affixation of) the seal to any such documents, instruments or Closing Certificates, the authorization of which actions shall be conclusively evidenced by the execution or acknowledgment, attestation, affixation and delivery, as the case may be, thereof by such persons. Section 6. This resolution shall take effect immediately. Section 7. Upon the adoption hereof, the Participant shall forward certified copies of this resolution to Michael J. Amorosa, Chairperson of the Authority, and Stephen B. Pearlman, Esq., Inglesino, Pearlman, Wyciskala & Taylor, LLC, Bond Counsel to the Authority. 3.11 Resolution Regarding the Controlling and Reduction of Legal Expenses – approve the following resolution regarding controls in order to reduce legal expenses: WHEREAS, N.J.A.C. 6A:23A-5.2 of the New Jersey’s Fiscal Accountability, Efficiency and Budgeting Procedures (hereinafter referred to as the “Accountability Regulations”) requires the Montgomery Township Board of Education (hereinafter referred to as the “Board”) to establish policies designed to minimize the cost of professional services, including procedures to ensure the efficient use of legal services by employees and Board members as well as the tracking of said services; and WHEREAS, in accordance therewith, the Board has developed and adopted Bylaw 0174 (“Legal Services”), which identifies the individuals authorized to initiate contact with the Board’s contracted legal counsel, and outlines the procedures whereby the Board, through its School Business Administrator/Board Secretary, shall review and verify all documented legal counsel contact; and WHEREAS, the May 2011 Taxpayer Guide to Education Spending indicates that for the 2009- 2010 fiscal year, the Board accrued legal costs in the amount of sixty eight dollars ($68) per pupil, which exceeds 130 percent of the 2009-2010 statewide per pupil average of thirty seven dollars ($37); and WHEREAS, in circumstances where legal costs exceed 130 percent of the Statewide average per pupil amount, N.J.A.C. 6A:23A-5.2(a)(3), Bylaw 0174 and the 2010-2011 Fiscal Accounting for New Jersey School Districts (i.e., the “Audit Program”) recommend that school districts so effected establish and implement certain procedures and controls enumerated in N.J.A.C. 6A:23A-5.2(a)(3) in an effort to reduce legal costs. NOW, THEREFORE, BE IT RESOLVED the Board hereby recognizes that the legal costs for the 2009-2010 fiscal year exceeded 130 percent of the 2009-2010 statewide per pupil average and, in accordance with N.J.A.C. 6A:23A-5.2(a)(3) and Bylaw 0174, implements the following procedures and controls for the 2011-2012 fiscal year in an effort to reduce legal costs: Agenda for Workshop and Business Meeting of July 26, 2011 Page 9 The contact persons with the authority to request services or advice from contract legal counsel remain limited to: (1) the Superintendent of Schools or his/her designee; (2) the School Business Administrator/Board Secretary; (3) the Board President; (4) the Director or Human Resources; and (5) the Director of Pupil Services. The designated contact person(s) shall ensure that contracted legal counsel is not used unnecessarily for management decisions or readily available information contained in District materials such as policies, administrative regulations or guidance available through professional source materials. All requests for legal advice shall be made in writing by the designated contact person and shall be maintained on file in the district offices. The designated contact person shall determine whether the request warrants legal advice or if legal advice is necessary. The designated contact person shall maintain a log of legal counsel contact including the name of the legal counsel contacted, the date of the contact, the issue discussed, and the length of the contact. All written requests for legal advice and logs of legal counsel contact shall be forwarded to the School Business Administrator/Board Secretary, who shall be responsible for reviewing all legal bills and comparing same to the contract logs, as well as investigating and resolving any variances. 3.12 Approval of change orders – approve the following change orders: Contract: Orchard Hill/Village Mechanical Contractor: Preferred Mechanical, Inc. Change Order Number: 006 Change Order Amount: $39,510.00 Description: Additional work at Orchard Hill as follows: • PMI#10: Furnish and install condensate piping for unit ventilators: $15,152.00 • PMI#11: Change existing chilled water piping from 1.5 inch to 2.5 inch at AHU-A1: $ 4,486.00 • PMI#12: Increase the existing chilled water piping to 1.25 inch at unit ventilators: $19,872.00 _______________________________________________________________________ Contract: Orchard Hill/Village Mechanical Contractor: Preferred Mechanical, Inc. Change Order Number: 007 Change Order Amount: $3,464.00 Description: Additional work at Orchard Hill as follows: • PMI#13: Sham chilled water pipe ________________________________________________________________________ Contract: Orchard Hill/Village Mechanical Contractor: Preferred Mechanical, Inc. Change Order Number: 008 Change Order Amount: $10,883.00 Description: Additional work at Orchard Hill as follows: • PMI#14: Replace additional chilled water pipe hangers with hangers sized to allow pipe insulation to pass thru hanger and maintain vapor barrier: $ 7,477.00 • PMI#15: Furnish and install additional hot water isolation valves in the west boiler room: $ 3,406.00 Agenda for Workshop and Business Meeting of July 26, 2011 Page 10 Contract: Site Improvements at Village Elementary Contractor: D & S Land Development Change Order Number: 001 Change Order Amount: $7,394.25 (part of allowance no change in contract) Description: • CO#2: Furnish and install 300 square feet of additional concrete drainage swale: $ 3,304.25 • CO#3: Rebuild two existing catch basins: $ 4,090.00 Amount of allowance on contract: $35,000.00 Amount of this change order: $ 7,394.25 Remaining allowance: $27,605.75 Contract: Upper Middle School Mechanical Contractor: Gabe Sganga Change Order Number: 002 Change Order Amount: $5,467.00 (part of allowance no change in contract) Description: COR.HV.008: Furnish and install 11 sheet metal pans and backer rod and caulk 11 exterior oversized louvers. Amount of allowance on contract: $50,000.00 Amount of previous change orders deducted $44,528.00 Amount of this change order: $ 5,467.00 Remaining allowance: $ 5.00 Contract: Upper Middle School Mechanical Contractor: Gabe Sganga Change Order Number: 003 Change Order Amount: $29,927.31 (change in contract is $29,922.31) Description: COR.HV.009: Electrical refeed unit ventilators. Contract: Orchard Hill/Village Mechanical Contractor: Preferred Mechanical Change Order Number: 009 Change Order Amount: $13,336.00 Description: Additional work at Orchard Hill as follows: • PMI #16: Furnish and install piping and wiring to 24 unit ventilators in block C, feed UV’s form existing breakers. Contract: Orchard Hill/Village Mechanical Contractor: Preferred Mechanical Change Order Number: 010 Change Order Amount: $1,070.00 (part of allowance no change in contract) Description: Additional work at Village as follows: • PMI #17: Extend and relocate conduits to accessible area in new UV. Demo concrete around piping. Amount of allowance on contract: $10,000.00 Amount of this change order: $ 1,070.00 Remaining allowance: $ 8,930.00 Agenda for Workshop and Business Meeting of July 26, 2011 Page 11 3.13 Approval of Fees for the 2011-12 School Year – approve the following fees for the 2011-12 school year: • High School student parking fee -- $200 • Student Activity Participation Fee at the high school for those students participating in athletics and clubs and at the upper middle school for those students participating in clubs -- $100 • High School football games – Adults $5, Students $2 • High School basketball games – Adults $4, Students $2 • High School wrestling matches – Adults $4, Students $2 • High School fall play – Adults $5, Students $4 • High School spring musical – Adults $7, students $6 • Upper Middle School spring musical – Adults $7, Students $6 3.14 Receipt and Award of Quote – Procurement and Installation of a Galvanized Chain Link Fence at the Upper Montgomery Middle School (Quote #Q12-09) – quotes were received for the procurement and installation of a galvanized chain link fence at the Upper Montgomery Middle School as follows: Vendor Base Bid York Fence Construction Co., Inc. $31,490.00 Hillsborough, NJ Suburban Fence Company $32,514.76 Trenton, NJ It is recommended that the Board of Education award Quote #Q12-09 for the procurement and installation of a galvanized chain link fence at the Upper Montgomery Middle School as follows: Vendor York Fence Construction Co., Inc. $31,490.00 Hillsborough, NJ 3.15 Receipt and Award of Quote – Drilling of Two Irrigation Wells with the Installation of Pumping Systems for the Montgomery Township Board of Education (Quote #Q12-13) – quotes were received for the drilling of two irrigation wells with the installation of pumping systems for the Montgomery Township Board of Education as follows: Vendor Base Bid Stoth2off Co., Inc. $35,500.00 Flemington, NJ Interstate Well & Pump Co., Inc. $35,725.00 Flemington, NJ It is recommended that the Board of Education award Quote #Q12-13 for the drilling of two irrigation wells with the installation of pumping systems for the Montgomery Township Board of Education as follows: Vendor Stoth2off Co., Inc. $35,500.00 Flemington, NJ Agenda for Workshop and Business Meeting of July 26, 2011 Page 12 3.16 Approval of Purchase/Computer Equipment and Supplies – approve the purchase of various computer equipment and supplies such as Thinkpad – Notebooks, domain and e-mail servers, e- mail spam and virus filters, entered into on behalf of the State of the Division of Purchase and Property pursuant to N.J.S.A. 18A:18A-10 under the New Jersey State Contract Title, WSCA Computer Contract (#M-0483): Vendor State Contract # Total Dell Marketing LP WSCA #70256 $38,734.77 Round Rock, TX Lenovo, Inc. WSCA #70263 $59,040.00 Morrisville, NC 3.17 Award of Bid/Custodial Supplies – approve the award of bids received by Educational Service Commission of Morris County on behalf of the West/Central New Jersey Co-op as follows: Category Vendor Custodial Supplies Atra Janitorial Supply Co. Bio-Shine, Inc. Calico Industries, Inc. Camden Bag & Paper Co. LLC Central Poly Corporation Cleaning Systems Inc. Interline Brands Inc./AMSAN Jersey Paper Plus J.G.R. Enterprises John A. Earl, Inc. Metco Supply Inc. Pantel Co. LLC Pyramid School Products R. N. Demaio School Health Corporation Spruce Industries Staples Advantage Star Products LLC Supply King, Inc. W.W. Grainger, Inc. 3.18 Resolution to approve asbestos remediation at Orchard Hill Elementary School - WHEREAS, on July 19, 2011, the District discovered that a hazardous condition was created at Orchard Hill Elementary School whereby asbestos insulation was exposed, improperly handled and improperly discarded threatening the welfare, health and safety of the building’s occupants; and WHEREAS, the Board’s Director of Facilities advised the Board Secretary/ School Business Administrator that an emergency condition existed requiring immediate work to remediate the asbestos containing materials and abate the exiting asbestos, in addition to the services of an asbestos consultant to monitor the air quality as well as the remediation and abatement activities; and Agenda for Workshop and Business Meeting of July 26, 2011 Page 13 WHEREAS, the Board Secretary/School Business Administrator, after consultation with the Board Attorney, declared an emergency pursuant to N.J.S.A. 18A:18A-7, and notified the Acting Executive County Superintendent and entered into agreements with D&S Abatement (hereinafter referred to as “D&S”), to perform the remediation and abatement activities and Briggs Associates as the asbestos consultant respectively; and WHEREAS, pursuant to N.J.S.A. 18A:18A-7(b), the contractor(s) providing goods and services in connection with the emergency are entitled to be paid, and, therefore, the Board is obligated to take such action as shall be required to provide for the payment of the contract price; and NOW THEREFORE, BE IT RESOLVED that the Board hereby authorizes payment to D&S Abatement for the cost of the work to perform the remediation and abatement activities as detailed in its proposals and Briggs Associates as act as the asbestos consultant. BE IT FURTHER RESOLVED, that the Board Secretary/School Business Administrator and the Board President are hereby authorized to execute any and all documents necessary to effectuate this Resolution. 4.0 PERSONNEL The superintendent recommends that the Board of Education approve the personnel agenda following discussion in Executive Session. ANNOUNCEMENTS BY THE PRESIDENT ADJOURNMENT
"MONTGOMERY TOWNSHIP BOARD OF EDUCATION Skillman "