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EATON BOARD OF EDUCATION MEETING Hollingsworth East Elementary School Cafeteria April 11, 2011 6:00 p.m. I. Opening of the Meeting 1. Call to Order President 2. Roll Call President JF ___ DM ___ RM ___ BP___ JR ___ BN___ PD ___ CN___ JI___ SC___ KC___ KP___ PF___ 3. Pledge of Allegiance 4. Adopt the Agenda Motion by ______________, seconded by ______________to adopt the agenda. Discussion. JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________ 5. Recognition of Visitors A. Mike Halderman to discuss the progress of the Robotics team. 6. Executive Session (only if necessary) To discuss . Motion by _____________, second by _____________to convene executive session.
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I. Opening of the Meeting - eaton.k12.oh.us 2011 Agenda.pdf · B. Kipling Powell, Elementary School Principal July 1, 2011 to June 30, 2013 C. Phil ... 6. Employment – Certificated

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Page 1: I. Opening of the Meeting - eaton.k12.oh.us 2011 Agenda.pdf · B. Kipling Powell, Elementary School Principal July 1, 2011 to June 30, 2013 C. Phil ... 6. Employment – Certificated

EATON BOARD OF EDUCATION MEETING Hollingsworth East Elementary School Cafeteria

April 11, 2011 6:00 p.m.

I. Opening of the Meeting

1. Call to Order – President

2. Roll Call – President

JF ___ DM ___ RM ___ BP___ JR ___

BN___ PD ___ CN___ JI___ SC___ KC___ KP___ PF___

3. Pledge of Allegiance

4. Adopt the Agenda

Motion by ______________, seconded by ______________to adopt the agenda.

Discussion.

JF ___ DM ___ RM ___ BP___ JR ___

President declares motion _______________

5. Recognition of Visitors

A. Mike Halderman to discuss the progress of the Robotics team.

6. Executive Session (only if necessary)

To discuss . Motion by _____________, second by _____________to convene executive session.

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 2

Page | 2

JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

President convenes executive session at __________ p.m.

President resumes open session at __________ p.m.

7. Other Opening Business

II. Treasurer’s Business – Priscilla Dodson

1. The Treasurer recommends approval of the following:

A. Approve minutes of the March 14, 2011 Regular Board Meeting.

B. Approve minutes from the March 24, 2011 Special Board

Meeting.

C. Approve minutes from the March 31, 2011 Special Board

Meeting.

D. Submission of warrants

E. Submission of Financial Report

F. Submission of Investment Report

G. Approve FY11 Supplemental Appropriations by Fund

Motion by________________, seconded by________________, to approve agenda Item II. 1.

Discussion JF ___ DM ___ RM ___ BP___ JR ___

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 3

Page | 3

President declares motion _______________.

III. Old Business

1. Miami Valley Career Technology Center Report – Doug Mowen

2. Parks and Recreation Board Report – Joe Renner

3. Project Manager’s Report – Tom Doseck

4. Superintendent’s Report – Brad Neavin

5. Director of Education’s Report – Cindy Neanen

6. Principal’s Report – Jim Ingham

7. Other Old Business

IV. New Business

1. Resignations and Retirements

The Administration recommends acceptance of the following resignations

and retirement:

A. Barbara Myers, Librarian, resignation for the purpose of retirement

effective June 1, 2011.

Motion by________________, seconded by________________, to approve agenda Item IV. 1.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 4

Page | 4

2. Resignation of Classified Employee

The Administration recommends the acceptance of the resignation of the

following classified staff member effective April 7, 2011.

A. Matthew Maggard, Maintenance

Motion by________________, seconded by________________, to approve agenda Item IV. 2.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

3. Employment – Certificated and Non-Certificated – Administrators

and Supervisors

The Administration recommends the following administrators and

supervisors for limited contracts. Salary, benefits, and duties per Board

Policy, Administrative Rules and Regulations, and all applicable state and

local requirements.

A. Kern Carpenter, Middle School Principal July 1, 2011 to June 30, 2013

B. Kipling Powell, Elementary School Principal July 1, 2011 to June 30, 2013

C. Phil Elliott, Facilities Supervisor July 1, 2011 to June 30, 2013

D. Karen Jefferson, Transportation Supervisor July 1, 2011 to June 30, 2013

E. Terry Cross, Cafeteria Manager July 1, 2011 to June 30, 2013

F. Peggy Hayes, Assistant to the Treasurer I July 1, 2010 to June 30, 2013

Motion by________________, seconded by________________, to approve agenda Item IV. 3.

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 5

Page | 5

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

4. Employment – Certificated Staff

The Administration recommends 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 2011-2012 school year (July 1, 2011

– June 30, 2012).

1. Heather Bube

2. Mark Carnahan

3. Kenneth Copenhaver

4. Nicholas Flynn – ½

5. James Hall

6. Aaron Hemmert

7. Matthew Hopkins

8. Laura Kochendoerfer

9. Shaleigh Larrick – ½

10. Martha Puffenberger

11. John Raymond

12. Dorothy Stoltz

13. Ashlee Taylor

Motion by________________, seconded by________________, to approve agenda Item IV. 4A.

Discussion

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JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

B. Two-year limited contracts for the 2011-2012 and 2012-2013 school

years (July 1, 2011 – June 30, 2013).

1. Cynthia Genth

2. Erica Hamilton

3. Jennifer Hopkins

4. Linda Laufer

5. Carolyn Annie Martin

6. Elise McWilliams

7. Suzanne Niehaus

8. Emily Raymond

9. Leslie Roberts

10. Taffie Ruebush

11. Kristin Schamel

12. Karen Shehata – ¾

13. Ann Tolliver

Motion by________________, seconded by________________, to approve agenda Item IV. 4B.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

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, 2010.

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1. Jennifer Anderson

2. Kristina Armstrong

3. Sarah Brown

4. A. Brad Davis

5. Jessica DeHart

6. Robert Ebright

7. Teresa Gels

8. Malissa Miller

9. Ty Tolliver

Motion by________________, seconded by________________, to approve agenda Item IV. 4C.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

5. Employment – Certificated Staff Extended Service Supplemental

Contracts

The Administration recommends the following extended service

supplemental contracts for the 2011-2012 school year (July 1, 2011 –

June 30, 2012). Salaries and duties per Board Policy, Negotiated

Agreement, and Administrative Rules and Regulations.

A. Tricia McGinnis, Elementary School Guidance Counselor – 3 days

B. Ron Neanen, High School Guidance Counselor – 20 days

C. Lisa Noble, Family and Consumer Sciences Teacher – 5 days

D. Leslie Roberts, Career Based Intervention Teacher – 3 days

E. Dalene Sadowski, School Nurse – 4 days

F. Keith Shultz, Middle School Guidance Counselor – 10 days

G. Malissa Miller, Elementary School Guidance Counselor – 3 days

H. William Stedron, School Psychologist – 30 days

I. Dorothy Stoltz, High School Guidance Counselor – 20 days

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J. Joyce Willis, Speech Pathologist – 4 days

Motion by________________, seconded by________________, to approve agenda Item IV. 5.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

6. Employment – Certificated Staff Athletic Supplemental Contracts

The Administration recommends the following supplemental contracts for

the 2011-2012 school year (July 1, 2011-June 30, 2012). Salaries and

duties per Board Policy, Negotiated Agreement, Administrative Rules and

Regulations and any applicable state requirements.

A. Athletic Director – Middle School Chad Tinstman B. Varsity Football Ron Neanen C. HS Assistant Football Robert Ebright D. HS Assistant Football J.Scott Burnett E. HS Assistant Football A. Brad Davis F. HS Assistant Football – ½ Matt Hopkins G. Football – Middle School Steve Johnson H. Varsity Girls Basketball Randy Titkemeyer I. Varsity Wrestling Mark Silvers J. Varsity Golf Randy Titkemeyer K. Reserve Golf A. Bart Davis L. Assistant Cross Country – H.S. Jennifer Hopkins M. Assistant Cross Country – H.S. Nick Flynn

Motion by________________, seconded by________________, to approve agenda Item IV.6 A-O.

Discussion

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 9

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JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

N. Reserve Boys Basketball Randy McKinney

O. Varsity Cross Country Randy McKinney

Motion by________________, seconded by________________, to approve agenda Item IV.6 N-O.

Discussion JF ___ DM ___ BP___ JR ___ President declares motion _______________.

P. Football Coordinator Middle School Tim Holland

Motion by________________, seconded by________________, to approve agenda Item IV.6 P.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

7. Employment – Certificated Staff Extra-Curricular Supplemental

Contracts

The Administration recommends the following supplemental contracts for

the 2011-2012 school year (July 1, 2011 – June 30, 2012). Salaries and

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duties per Board Policy, Negotiated Agreement, Administrative Rules and

Regulations, and any applicable state requirements.

A. Academic Team Advisor – M.S. Catherine Borucki B. Annual Advisor (During School Day) Cheryl Mellen C. Art Club Advisor Amber Michael D. Audio Visual Coordinator Richard McCollum E. Head Band Director Tracy Phillips F. Assistant Band Director Paul Bingle G. Chess Club Advisor Mark Anspach H. Bookstore Coordinator Amber Michael I. Musical instrumental Director Paul Bingle J. Musical Vocal Director Tracy Phillips K. Dramatic Director - ½ Shaleigh Larrick L. Grade 9 Class Advisor Robert Ebright M. Grade 9 Class Advisor Jennifer Hopkins N. Grade 10 Class Advisor Leslie Kelly O. Grade 11 Class Advisor Amber Michael P. Grade 11 Class Advisor Dorothy Stoltz Q. Grade 12 Class Advisor Ron Neanen R. Future Educators of America Advisor Lisa Noble S. Honor Society Advisor James Richards T. French Language Club Advisor Karen Shehata U. Spanish Language Club Advisor Pamela Carpenter V. Peer Counselor Advisor Richard Hency W. Assistant Peer Counselor Advisor Lisa Noble X. S.A.D.D. Counselor Ray McCampbell Y. Science Club Advisor Amy Kochensparger Z. Tri-Hi-Y Leslie Kelly AA. Vocal Music Director – H.S. Tracy Phillips BB. Vocal Music Director – M.S. Emily Pioske CC. Yearbook Advisor – M.S. Ty Tolliver DD. Washington DC Trip Coordinator Chad Tinstman EE. Science Department Head – H.S. ½ Amy Kochensparger FF.Science Department Head – H.S. ½ James Richards GG. Mathematics Department Head – H.S. Kevin Kochensparger HH. Science Department Head – M.S. Jennifer Beeghly II. Language Arts Department Head – M.S. Taffie Ruebush JJ. Mathematics Department Head – M.S. Kristin Schamel KK. Social Studies Department Head – M.S. Chad Tinstman LL. KG Grade Level Leader Vicki Harshman

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MM. 1st Grade Level Leader Lori Pack NN. 2nd Grade Level Leader Robyn Eck OO. 4th Grade Level Leader Carolyn Thalls PP. 4th Grade Level Leader Bev Richardson QQ. 5th Grade Level Leader Karen Titkemeyer

Motion by________________, seconded by________________, to approve agenda Item IV. 7 A-QQ.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

RR. Social Studies Department Head – H.S. Randy McKinney

Motion by________________, seconded by________________, to approve agenda Item IV. 7RR.

Discussion JF ___ DM ___ BP___ JR ___

8. Supplemental Contract Non-Renewals

In accordance with Ohio Revised Code, the Administration recommends

the annual non-renewal and posting of the following supplemental

contracts effective June 30, 2011 and requests that the Board authorize

the Treasurer to send notices of non-renewal to each.

A. HS Assistant Football – ½ Chad Lee B. HS Assistant Football – ½ Ron Christello C. HS Assistant Football – ½ Don Houser

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D. Football – Middle School Robbie Sams E. Varsity Boys Basketball Denny Shepherd F. 9th Grade Boys Basketball Kevin Schaeffer G. Reserve Girls Basketball Allison Thompson H. 7th Grade Girls Basketball Mike Paulus I. 7th Grade Volleyball Tonna Ditmer J. Varsity Swimming Bill Aukerman K. HS Assistant Wrestling Jason Bleil L. Wrestling – Middle School Mark Adams M. Wrestling – Middle School Scott Wilken N. Reserve Baseball David Curry O. Boys Head Track – Middle School Blake Pieratt P. Varsity Volleyball Jessica Sams Q. Reserve Volleyball Susan Lee R. Varsity Softball Rachel Auld S. Reserve Softball Kevin Ward T. Varsity Boys Soccer Bruce Porter U. Reserve Boys Soccer Eric Kiracofe V. Varsity Girls Soccer Allison Thompson W. Reserve Girls Soccer Jamie McNutt X. Program Assistant (Cross Country) Blake Pieratt Y. Program Assistant (Cross Country) Donnie Caylor Z. Varsity Boys Tennis Rob Pugh AA. Varsity Cheerleading Advisor

(Football) Sarah Morrison

BB. Varsity Cheerleading Advisor (Basketball)

Sarah Morrison

CC. Reserve Cheerleading Advisor (Football)

Jessica Shepherd

DD. Reserve Cheerleading Advisor (Basketball)

Jessica Shepherd

EE. 9th Grade Cheerleading Advisor (Basketball)

Kathy Stevens

FF.8th Grade Cheerleading Advisor (Football)

Ashley Bowers

GG. 8th Grade Cheerleading Advisor (Basketball)

Ashley Bowers

HH. 7th Grade Cheerleading Advisor (Football)

Ashley Bowers

II. 7th Grade Cheerleading Advisor (Basketball)

Ashley Bowers

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JJ. Dramatics Director – ½ position Martha Hill KK. Thursday/Saturday School Monitor Carolyn Walker

Motion by________________, seconded by________________, to approve agenda Item IV. 8.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

9. Employment – Certificated Staff – Substitute Teachers/Tutors as

Certified by the Preble County Educational Service Center.

The Administration recommends approval of the following additions to the

substitute teacher/home instruction tutor list as certified by the Preble

County Educational Service Center.

A. Abagail Coates

B. Robert Peters

C. Joella Redick

D. Drew Rivers

E. Stephanie Toschlog

Motion by________________, seconded by________________, to approve agenda Item IV. 9.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

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10. Post Temporary Positions

The Administration recommends 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 6 through August 19, 2011.

B. 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

6 through August 19, 2011

C. 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 17, 2011 –July 8, 2011

Motion by________________, seconded by________________, to approve agenda Item IV. 10.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

11. Approval of Credit Flexibility

The Administration recommends approval of the High School Credit

Flexibility Handbook and Application.

Motion by________________, seconded by________________, to approve agenda Item IV. 11.

Discussion

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JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

12. Approval of Agreement Granting Easement to the City of Eaton

The Administration recommends approval of the Agreement granting

easement to the City of Eaton, including a temporary construction

easement for the establishment, construction, reconstruction, widening,

repair or maintenance of a public road, substantially in the form of the

Easement Agreement attached hereto (Attachment A).

Motion by________________, seconded by________________, to approve agenda Item IV. 12.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

13. Approval of New Construction HB 264 Project

The administration recommends approval of the New Construction HB 264 project overview proposed by Energy Optimizers, USA subject to (i) pending OSFC review and approval, (ii) satisfaction of the contingencies set forth in Attachment A, (iii) approval for the treasurer to pursue financing options for the project, and (iv) final Board approval. (Attachment B).

Motion by________________, seconded by________________, to approve agenda Item IV. 13.

Discussion

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Page | 16

JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

14. Section 504 Policies and Procedures

The Administration recommends approval of policies and procedures for

implementation of Section 504 of the Rehabilitation Act of 1973 during the

2011-2012 School year.

Motion by________________, seconded by________________, to approve agenda Item IV. 14.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

15. SOITA Membership

The Administration recommends approval of district member in SOITA

(Southwestern Ohio Instructional Technology Association) for the 2011-

2012 school year.

Motion by________________, seconded by________________, to approve agenda Item IV. 15.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

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Eaton Board of Education Regular Meeting April 11, 2011 Page | 17

Page | 17

16. Approve Agreement with Eaton Classroom Teachers Association

August 1, 2011 through July 31, 2014

Motion by________________, seconded by________________, to approve agenda Item IV. 16.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

17. Approve Agreement with Eaton School Support Association July 1,

2011 through June 30, 2014

Motion by________________, seconded by________________, to approve agenda Item IV. 17.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

18. Approval of Out-of-State Student Trips

The Administration recommends approval of the following out-of-state

student trips.

A. Spanish and French Club students, along with Pam Carpenter and

Karen Shehata, to visit the Ghyslain Chocolate Factory in Union City,

Indiana on May 10, 2011.

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B. French class students, along with Karen Shehata, to visit the Ghyslain

Richmond Bistro in Richmond, Indiana on May 3, 2011.

C. 8th Grade Washington D.C. Trip to Washington, D.C., May 13 through

17, 2012.

Motion by________________, seconded by________________, to approve agenda Item IV. 18.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

19. Approval of Professional Development

The Administration recommends approval of the following Professional

development activities.

A. K-12 team to attend the Model Schools Conference in Nashville,

Tennessee from June 26, 2011 through June 29, 2011. To be paid for

with federal dollars (Race to the Top; ARRA).

Motion by________________, seconded by________________, to approve agenda Item IV. 19.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

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20. Surplus Items List

The Administration recommends the approval to declare certain items as

surplus/obsolete and to dispose of them.

A. Middle School Science Lab Microscopes

Motion by________________, seconded by________________, to approve agenda Item IV. 20.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

21. Donations

The Administration recommends acceptance of the following donations.

A. From East Elementary Teachers and Staff for the Marilyn Tinstman

Memorial Scholarship, in memory of Waldemar Cross.

B. From Jay Hall ; a Kodiac Cold Compression Unit for the Athletic

Trainer.

C. From Roger and Terry Cross for the Marilyn Tinstman Memorial

Scholarship fund.

D. From Eaton Athletic Booster Club for the Eaton Athletic Department.

Motion by________________, seconded by________________, to approve agenda Item IV. 21.

Discussion

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JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

22. Other New Business

Motion by________________, seconded by________________, to approve agenda Item IV. 22.

Discussion JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

23. Executive Session (if necessary)

To discuss ______________________ Motion by _____________, second by _____________to convene executive session. JF ___ DM ___ RM ___ BP___ JR ___ President declares motion _______________.

President convenes executive session at __________ p.m.

President resumes open session at __________ p.m.

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V. Adjournment

Motion by________________, seconded by________________, to adjourn the meeting.

Discussion

JF ___ DM ___ RM ___ BP___ JR ___

President declares motion _______________. President adjourns meeting at p.m.

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Attachment A

EASEMENT AGREEMENT

THIS EASEMENT AGREEMENT (the “Agreement”) is made as of the ___ day of ____________, 2011,

by and between EATON CITY SCHOOL DISTRICT (“Grantor”), and _________________________

(“Grantee”).

Recitals.

(a) Grantor is the fee owner of the parcel of land located in Washington Township, Preble County,

Ohio (the “Grantor Property”);

(b) Grantor has agreed to grant to Grantee a perpetual easement for the establishment, construction,

reconstruction, widening, repair or maintenance of a public road, as further described on attached Exhibit A (the

"Easement Area"), on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the foregoing, the parties hereto declare that the Grantor Property

shall be held, sold and conveyed subject to this Agreement, which, together with all easements declared herein shall

be binding upon and inure to the benefit of Grantor, Grantee, all mortgagees, all present and future owners of the

Grantor Property, and its respective heirs, successors, assigns, successors in title, and all claiming under or through

it.

1. Grant of Easement. Subject to the terms and conditions hereof, Grantor hereby grants, bargains,

sells and conveys to Grantee (i) a perpetual, non-exclusive easement over, under, across and upon the Easement

Area for the establishment, construction, reconstruction, widening, repair or maintenance of a public road, and (ii) a

temporary construction easement over those necessary portions of the Grantor Property immediately adjacent to the

Easement Area for the purpose of and as reasonably necessary therefor.

2. Right of Reversion. In the event that Grantee decides not to use the Easement Area, then the

Easement Area and all rights granted herein to Grantee shall revert back to Grantor and Grantee’s rights hereunder

shall automatically terminate.

3. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws

of the State of Ohio. Any modification to this Agreement must be recorded and approved by the parties hereto or

its successors or assigns. In case anyone or more of the provisions set forth in the Agreement shall be held to be

invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any

other provision hereof, and this Agreement shall be construed as if such provision had never been contained herein.

4. Binding Effect; Covenant Running with Land. The easements created and declared in this

Agreement shall exist by virtue of this Agreement without the necessity of confirmation by any other document, and

shall be perpetual, non-exclusive and irrevocable and shall inure to the benefit of and be binding upon, the parties

hereto and their respective heirs, executors, successors and assigns in interest to their respective properties running

with the land.

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Attachment A

IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and delivered

as of the day and year first above written.

GRANTOR:

EATON CITY SCHOOL DISTRICT

By:

Name:

Its:

GRANTEE:

__________________________________________

By:

Name:

Its:

STATE OF OHIO )

) SS:

COUNTY OF PREBLE )

The foregoing instrument was acknowledged and sworn to before me on the ___ day of ______________,

2011, by _____________________, the duly authorized _________ of EATON CITY SCHOOL DISTRICT.

Notary Public

STATE OF OHIO )

) SS:

COUNTY OF PREBLE )

The foregoing instrument was acknowledged and sworn to before me on the ___ day of ______________,

2011, by _____________________, the duly authorized _________ of

________________________________________.

Notary Public

Prepared By and

After Recording Return To:

Kevin K. Malof, Esq.

Frost Brown Todd LLC

9277 Centre Pointe Drive, Suite 300

West Chester, Ohio 45069

(513) 870-8200

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Attachment A

EXHIBIT A

LEGAL DESCRIPTION OF EASEMENT AREA

WCHLibrary TMP.TMP 156126v1

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Attachment B

Attachment. B

A. The district’s architects, engineers and core project team will attempt to include as

much of the scope of work of this HB264 project within the project design and to accept

competitive bidding for this project.

B. The overall potential cost of the project is $497,745 and this approval is

contingent upon the following conditions:

1) The estimated project cost after the detailed engineering and

analysis study is the same as or less than the budgeted cost of

$497,745 prior to any costs of financing, realized grants, or

rebates;

2) The estimated project savings for natural gas, electricity and

operations and maintenance are equal to or greater than the

projected annual savings of $110,700;

3) The OSFC and Ohio Department of Energy approve the project

as approved by the Eaton Community School District and as

submitted by Energy Optimizers, USA.

If, for any reason, these conditions are NOT met, the Eaton Community Schools will not

be obligated to implement this project as proposed nor shall they be obligated to pay

Energy Optimizers, USA any monetary compensation except for the reasonable expenses

incurred in performing the engineering analysis.

If, for any reason, these (3) contingencies ARE met and the Eaton Community School

District decides to not implement the project as specified, the Eaton Community School

District agrees to pay Energy Optimizers, USA $24,200 to cover all engineering, design

and analysis costs.