December 14, 2004

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Agenda:

LOPATCONG TOWNSHIP BOARD OF EDUCATION

321 Stonehenge Drive

Phillipsburg, NJ 08865

NOTICE OF REGULAR MEETING: The Board of Education will meet on Tuesday, December 14, 2004 at 7:30pm at Lopatcong Township Middle School located at 321 Stonehenge Drive. The meeting will be held in the Cafetorium. To gain admittance, please use the entrance at Stonehenge Drive. The meeting will be open to the public at 7:30pm.

AGENDA

  1. Call Meeting to Order, Flag Salute (Led by Boy Scout Troop 54), Opening Statement, Roll Call

  2. Correspondence

  3. Minutes, Bill Lists, Secretary/Treasurer Reports, Certify Financials

  4. Presentation of Comprehensive Annual Finance Report -- Ardito & Company, LLC

  5. Public Comment on Agenda Items

  6. New Business - Action Items

R-80-05            Accept CAFR and Auditor's Report of Administrative Findings, Financial Compliance and Performance

R-81-05            Substitute Approval

R-82-05            Accept Letter of Retirement

R-83-05            Request for Maternity Leave

R-84-05            Request for Maternity Leave

R-85-05            No Child Left Behind Carryover Application

R-86-05            IDEA Preschool Carryover Application

R-87-05            Transportation Contract with First Student, Inc.

R-88-05            Service Agreement for HVAC Maintenance and Monitoring Services

R-89-05            Contract with Becica Associates, LLC

R-90-05            Field Trip Approval

R-91-05            Request for Use of Facilities

R-92-05            Purchase Electric Generation Services Through the Alliance for Competitive Energy Services Bid

R-93-05            “Budget Cap Law” Ch.73, P.L. 2004 (S1701)

R-94-05            Change of Bank Depository

  1. Administrator's Report

  2. Representative Information from Phillipsburg Board of Education

  3. Legislative Update

  4. Other Items of an Emergent Nature

  5. Other Public Comments

  6. Adjournment

An Executive Session will be called at the end of the regular session

Public comments are invited on any educationally pertinent subject.  All participants will be given five (5) minutes to state their issue.  In addition, the subject matter may be discussed by the Board for an additional five (5) minutes.  All audience participants must state their name and address before speaking.  Thank you for understanding.

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Minutes:

MINUTES OF THE LOPATCONG TOWNSHIP

BOARD OF EDUCATION

Vice-President Ernie Gallant called the meeting to order at 7:31pm.  Mrs. Barna read the following opening statement, “I would like to announce and have placed in the minutes that adequate notice of this regular meeting of the Lopatcong Township Board of Education has been provided in accordance with the Open Public Meetings Act by publication of the annual notice in the Express-Times.  A copy of this notice has also been filed with the Township Clerk and posted at both school locations.”

The Pledge of Allegiance was recited by all present.

ROLL CALL

Present:  Ernie Gallant, Terry Glennon (arrived at 7:40pm), Joe Kennedy, Frank Kish (arrived at 8:40pm), Greg McGann, Tim McGuinness, Jesse Rozycki, Raisy Stammherr, and Bill Taggart.

Absent:  None

Others Present:  Teresa E. Barna, Business Administrator/Board Secretary; Rosemary Kowalchuk, Principal; Matthew Eagleburger, Assistant Principal; and 15 members of the public.

CORRESPONDENCE

  1. John Fagan – Mrs. Barna read a letter from Mr. Fagan informing the Board of his intention to retire effective March 1, 2005.

  2. Patricia Raniszewski – Mrs. Barna read a letter from Mrs. Raniszewski requesting a maternity leave.

  3. Susanna Ludlow – Mrs. Barna read a letter from Mrs. Ludlow requesting a maternity leave.

MINUTES

Motion by McGuinness, second by Taggart, that the minutes of November 9, 2004, November 20, 2004 and November 30, 2004 be approved and filed.

Vote:  7 - Yes.  Motion carried.

BILL LIST

Motion by Taggart, second by Kennedy, that the bills submitted for the December 14, 2004 meeting be approved for payment.

Vote:  7 - Yes.  Motion carried.

SECRETARY/TREASURER REPORTS

Motion by Taggart, second by Kennedy, that the Secretary/Treasurer Reports submitted for the month ending October 31, 2004, which agree with each other and the bank be approved and filed.

Roll call vote:  7 – Yes.  Motion carried.

FINANCIAL REPORT CERTIFICATION

Motion by Taggart, second by Gallant, as follows:

Pursuant to N.J.A.C. 6A:23-2.11(c)3, the Board Secretary certifies that no line account has encumbrances and expenditures, which in total exceed the line item appropriation in violation of N.J.A.C. 6A:23-2.11(a) and;

Pursuant to N.J.A.C. 6A:23-2.11(c)4, we certify that as of October 31, 2004, after review of the monthly report (appropriation section) and upon consultation with the appropriate officials, to the best of our knowledge no major line account or fund has been over-expended in violation of N.J.A.C. 6A:23-2.11(b), and that sufficient funds are available to meet the district’s financial obligations for the entire fiscal year.

Roll call vote:  7– Yes.  Motion carried.

COMPREHENSIVE ANNUAL FINANCE REPORT (CAFR) PRESENTATION

Anthony Ardito of Ardito & Co., LLP made a presentation to the Board which discussed the changes in the financial reports to reflect the implementation of GASB 34.

Mr. Ardito explained the reasons and differences in the three different fund balance figures that appear in the CAFR.  Mr. Ardito indicated that there were no findings or recommendations.

R-80-05

ACCEPT CAFR AND AUDITOR’S REPORT OF ADMINISTRATIVE FINDINGS, FINANCIAL COMPLIANCE AND PERFORMANCE

Motion by McGuinness, second by Rozycki, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, accept the Comprehensive Annual Finance Report (CAFR) and the Report of Administrative Findings, Financial Compliance and Performance for the fiscal year ending June 30, 2004 as prepared and presented by the administration and Ardito and Co., LLP with no recommendations and a negative corrective action plan.

Roll call vote:  8 – Yes.  Motion carried.

R-81-05

SUBSTITUTE APPROVAL

Motion by Taggart, second by Glennon, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve the emergent hiring of Michael Roosen as a substitute teacher for the remainder of the 2004-2005 school year.

Roll call vote:  8 – Yes.  Motion carried.

R-82-05

ACCEPT LETTER OF RETIREMENT

Motion by McGann, second by Stammherr, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, accept with regrets the retirement of John R. Fagan effective March 1, 2005.

Roll call vote:  8 – Yes.  Motion carried.

R-83-05

REQUEST FOR MATERNITY LEAVE

Motion by Glennon, second by Taggart, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve a maternity leave for Patricia Raniszewski as requested effective March 7, 2005.

Roll call vote:  8 – Yes.  Motion carried.

R-84-05

REQUEST FOR MATERNITY LEAVE

Motion by Rozycki, second by Taggart, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve a maternity leave for Susanna Ludlow as requested effective March 30, 2005.

Roll call vote:  8 – Yes.  Motion carried.

R-85-05

NO CHILD LEFT BEHIND CARRYOVER APPLICATION

Motion by Stammherr, second by Taggart, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve the Fiscal Year 2004 No Child Left Behind Carryover Application as follows:

Title II–D $742
Title V
$66

TOTAL

$808

Roll call vote:  8 – Yes.  Motion carried.

R-86-05

IDEA PRESCHOOL CARRYOVER APPLICATION

Motion by Kennedy, second by Stammherr, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve the Fiscal Year 2004 IDEA – Preschool Carryover Application in the amount of $453.

Roll call vote:  8 – Yes.  Motion carried.

R-87-05

TRANSPORTATION CONTRACT WITH FIRST STUDENT, INC.

Motion by McGuinness, second by Stammherr, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve a transportation contract with First Student, Inc. for transportation services to and from school effective January 3, 2005 through June 30, 2005 as per bids received December 7, 2004 for the following routes.

Route

Cost

 
5-E $89.00 per day $9,701
5-M $89.00 per day
$9,701
 

TOTAL

$19,402

Roll call vote:  8 – Yes.  Motion carried.

R-88-05

SERVICE AGREEMENT FOR HVAC MAINTENANCE AND MONITORING SERVICES

Motion by Taggart, second by Glennon, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, authorize the Business Administrator to enter into a three year service agreement with Honeywell Building Solutions for HVAC Maintenance and Monitoring Services at the Lopatcong Township Elementary School effective January 1, 2005 in the amount of $41,872 as per proposals received December 1, 2004.

Roll call vote:  8 – Yes.  Motion carried.

R-89-05

CONTRACT WITH BECICA ASSOCIATES, LLC

Motion by McGann, second by Taggart, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, authorize the Business Administrator to enter into a contract agreement with Becica Associates, LLC to provide a complete and comprehensive analysis and investigation of water penetration at the Lopatcong Township Middle School.

Roll call vote:  8 – Yes.  Motion carried.

R-90-05

FIELD TRIP APPROVAL

Motion by Glennon, second by Stammherr, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve the following field trips:

Student Council Holmdel High School December 10, 2004
Student Council Trenton State College January 6, 2005
7th & 8th Grade Enrichment State House, Trenton March 31, 2005
7th & 8th Grade Chorus Wesley Church April 6, 2005

Vote:  8 – Yes.  Motion carried.

R-91-05

REQUEST FOR USE OF FACILITIES

Motion by Rozycki, second by Taggart, that be it

RESOLVED, that the Board of Education, upon recommendation by the Superintendent, approve a request for use of the facilities as follows:

 

Warren County Consortium For Student Enrichment

March 9, 2005

4:00pm to 7:00pm

6th & 7th Grade Wings/MPR

 

Vote:  8 – Yes.  Motion carried.

R-92-05

PURCHASE OF ELECTRIC GENERATION SERVICES THROUGH THE ALLIANCE FOR COMPETITIVE ENERGY SERVICES (ACES) BID

Motion by Stammherr, second by McGuinness

WHEREAS, the Alliance For Competitive Energy Services (hereinafter referred to as “ACES”), an alliance composed of the New Jersey School Boards Association (hereinafter referred to as “NJSBA”), the New Jersey Association of School Administrators and the New Jersey Association of School Business Officials, will from time to time during the Effective Period as defined below solicit bids from electric power suppliers for electric generation services through an energy aggregation program in which NJSBA will act as Lead Agency of the ACES Cooperative Pricing System #E8801-ACESCPS in accordance with the “Public Schools Contracts Law”, N.J.S.A. 18A:18A-1 et seq. and the Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 et seq. (“EDECA”) and the regulations promulgated thereunder; and

WHEREAS, the Lopatcong Township School District is a participating member of the ACES Cooperative Pricing System and is eligible thereby to obtain electric generation services for its own use through one or more contracts to be awarded to electric power suppliers following said bids for electric generation services pursuant to the aggregation program; and

WHEREAS, the Lead Agency will from time to time during the Effective Period (from date of adoption through May, 2009, hereinafter referred to as “Effective Period”) issue one or more Requests for Bids for electric generation services on behalf of the ACES Cooperative Pricing System pursuant to the Public School Contracts Law and EDECA; and

WHEREAS, due to significant volatility and the potential for price increases in the wholesale electric market, Participating Members will preauthorize the Lead Agency to award contracts for Electric Generation Service for no more than two years at a time in each service territory to one or more electric power suppliers that submit bids which are reasonably forecasted to provide estimated savings to the Participating Member based upon its previous electric usage and utility provided Basic Generation Service rates; and

WHEREAS, the Lead Agency will only award contracts for said electric generation services to electric power suppliers that submit bids with pricing reasonably estimated to be lower than the utility-provided basic generation services; and

WHEREAS, the District agrees to purchase all electric power needed for its own use (exclusive of on-site electric generation sources) during the Effective Period through any electric power supplier(s) awarded a contract, it being understood that the term of any one contract shall not exceed two years.;

WHEREAS, the Lead Agency will notify the Department of Community Affairs’ Division of Local Government Services by mail prior to the issuance of a Request for Bids for electric generation services, with the understanding that if the Division of Local Government Services does not respond within ten business days, it will be deemed to have approved the issuance of the Request for Bids or the Request for Re-bids.

NOW, therefore, be it

RESOLVED, that the District binds itself to the ACES Cooperative Pricing System #E8801-ACESCPS to purchase all electric power needed for its own use (exclusive of on-site electric generation sources) during the Effective Period from the electric power supplier or suppliers awarded a contract for electric generation services by the Lead Agency; and be it

FURTHER RESOLVED, that the Lead Agency of the ACES Cooperative Pricing System is hereby authorized to execute a master performance agreement that obligates the district to purchase electricity at the terms and conditions stated therein with a third-party supplier or suppliers who have been awarded the contract or contracts by the Lead Agency on behalf of the participating members of the ACES Cooperative Pricing System #E8801-ACESCPS (for any CPS number to be assigned in the future, provided that no single contract shall have a term exceeding two years, and provided further that all contracts shall be at prices reasonably forecast and estimated by the Lead Agency to provide savings to the Districts relative to the price charged for basic generation service by the electric public utility that would otherwise provide such service; and be it

FURTHER RESOLVED, that ACES is authorized to continue to bid to obtain electric generation services at any time during the Effective Period on behalf of ACES Cooperative Pricing System including, for example, a re-bid if energy market conditions do not initially lead to a successful bid, on additional dates to be determined by the Lead Agency; and be it

FURTHER RESOLVED, that this Resolution shall take effect immediately upon passage.  The authorization provided to the NJSBA pursuant to the Local Public Contracts Law (N.J.S.A. 40A:11-11(5)), and the Local Public and Public School Contracts Law Administrative Code (N.J.A.C. 5:34-7.1 et seq.) shall be valid until May 2009 (the Effective Period) at which time the Cooperative Pricing System will be subject to renewal.  Any rescission of this resolution shall not affect any Agreements entered into prior to such rescission.

Roll call vote:  8 – Yes.  Motion carried.

ADMINISTRATOR’S REPORT

Mrs. Kowalchuk thanked all those involved with the Community Health Fair for making it such a success.  Nancy Chuss and Betsy Fania organized the event.  There were 36 or more agencies, doctors and community groups that participated and sponsored an awareness booth.  The PTA provided a hospitality area in the health classroom. There were representatives from high school students as well as coverage by Channel 69 Local News.

LEGISLATIVE UPDATE

New Jersey School Boards is recommending that every board pass a resolution as follows:

R-93-05

“BUDGET CAP LAW” Ch.73, P.L. 2004 (S1701)

Motion by Taggart, second by Rozycki

WHEREAS, Pursuant to Article 8, Section 4, Paragraph 1 of the New Jersey Constitution, the provision of a thorough and efficient system of education is the responsibility of the state Legislature; and

WHEREAS, School expenditures are primarily driven by state and federal mandates and “fixed costs”; and

WHEREAS, Local property taxes are the major source of revenue for public education in New Jersey; and

WHEREAS, The state has failed to fully fund its school aid statutes for three consecutive years, increasing the burden on local property taxpayers; and

WHEREAS, S-1701 (Ch. 73, P.L. 2004), signed onto law on July 1, 2004, alters school district financial practices and, in fact, could result in property tax increases; and

WHEREAS, S-1701 will force local school districts to adopt imprudent practices and will diminish communities’ discretion over the financial operations of their schools; and

WHEREAS, S-1701 will force school districts to reduce free balance (surplus) in 2004-05 and 2005-06, resulting in temporary property tax decreases that will not be sustainable and which will result in property tax increases in 2006-07; and

WHEREAS, This reduction of surplus to perilously low levels could force districts to cut education programs and could increase costs by possibly contributing to the lowering of bond ratings; and

WHEREAS, S-1701 will require school districts to decrease their capital reserve accounts, forcing them to defer necessary maintenance and repairs, to cut educational programs, or to borrow funds; and

WHEREAS, S-1701 reduces the spending growth limit, or cap, on school district operating budgets, infringing on school district’s ability in the future to meet the state’s Core Curriculum Content Standards; and

WHEREAS, S-1701 imposes unnecessary administrative spending limits on New Jersey school districts, limiting local discretion over the staffing necessary to meet the state and local education goals and penalizing school districts that may be saving taxpayer money in other areas; and

WHEREAS, S-1701 will require school districts to obtain the Commissioner of Education’s approval before transferring funds between budgetary line items, impeding their ability to make optimal use of funds and moving simple budgeting discretion from the community into state bureaucratic channels; and

WHEREAS, S-1701 reduces the Spending Growth Limitation Adjustment (SGLA) for hazardous busing services, making it increasingly difficult for school districts to provide a service designed to ensure student safety; and

WHEREAS, S-1701 eliminates the SGLA for early childhood program aid and demonstrably effective program aid, further limiting local school boards’ ability to provide necessary  education programs and services; and

WHEREAS, S-1701 restricts the submission of second ballot finance questions at the Annual School Election, thereby infringing on a community’s ability to determine educational program expenditures for its children; therefore be it

RESOLVED, That the Lopatcong Township Board of Education urges the state Legislature to repeal Ch. 73, P.L. 2004 (S-1701) immediately; and be it further

RESOLVED, That the Lopatcong Township Board of Education urges the state Legislature to fully fund the Comprehensive Educational Improvement Financing Act and related school aid formulas.

RESOLVED, That a copy of this resolution be sent to Governor Richard Codey, Senator Leonard Lance, Assemblyman Mike Doherty, Assemblywoman Connie Meyers, Commissioner of Education William Librera, Warren County Superintendent William King, the New Jersey School Boards Association and the Warren County School Boards Association.

Roll call vote:  8 – Yes.  Motion carried.

Mr. Kish arrived at 9:40pm.

REPRESENTATIVE INFORMATION FROM PHILLIPSBURG

Mr. Kish passed around the current issue of Helping Hands.

Mr. Kish also passed around the resolution of personnel changes for the Phillipsburg School District.

The Phillipsburg football team lost to Easton at the infamous Thanksgiving Day Game.  The Phillipsburg football team also lost the State Championship game to Piscataway. The Superintendent of Piscataway wrote a letter to Phillipsburg commending the football team and coaches for their sportsmanship.  The team showed genuine congratulations at the conclusion of the game.

The Phillipsburg School District is in a cash flow crisis.  The district has requested a cash advance from the state which was approved.  As far as the new high school construction, site work is to begin in February, 2005.  Targeted opening is scheduled for 2008.

SUPERINTENDENT SEARCH UPDATE

Community and Staff input meetings have taken place. To date, there have been 12 requests for Superintendent applications.  The pool of candidates is of varied background.  There seems to be a pretty broad pool of candidates.  The second advertisement will appear in the Sunday Star Ledger on December 18th.

OTHER ITEMS OF EMERGENT NATURE

The Business Administrator and the Finance Committee are recommending the Board authorize the move of funds to another financial institution in order to gain additional interest income.  The recommendation is to move the funds to the Skylands Community Bank.

R-94-05

CHANGE OF BANK DEPOSITORY

The Board asked the Business Administrator to request proposals from all the local banks to see who can give us the best deal. In the meantime, Mrs. Barna will authorize PNC Bank to move our existing accounts into a higher interest bearing account.

This motion was tabled.

EXECUTIVE SESSION

Motion by McGuinness, seconded by Taggart,

WHEREAS, Section 7 of the Open Public Meetings Act, Chapter 231, P.L. 1975 (R.S. 10:4-13), permits the exclusion of the public from a meeting or portion of a meeting of this public body in certain circumstances; and

WHEREAS, the Board of Education must consider matters involving personnel issues, the disclosure of which could constitute and unwarranted invasion of privacy; now

THEREFORE BE IT RESOLVED, that the Board of Education adjourn to executive session at 9:15pm to discuss the above mentioned matter to the exclusion of all others. Matters discussed may or may not be made public this evening.  Any resulting action will be taken after re-entry into regular session.

Vote:  8 - Yes.  Motion carried.

Motion by Taggart, second by McGuinness, that the Board of Education return to regular session at 9:55pm.

Motion carried by unanimous voice vote.

Hearing no further business, the board adjourned at 9:55pm on a motion by Kish, second by McGann.

Respectfully submitted,

Teresa E. Barna, RSBO

Business Administrator/

Board Secretary

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