December 6, 2007 Board meeting minutes

GOSHEN CENTRAL SCHOOL DISTRICT
BOARD OF EDUCATION

(Back)

An emergency meeting of the Members of the Board of Education of the Goshen Central School District, Orange County, New York, was called by President, Judy Green, for Thursday, December 6, 2007 in the Board Room at the Main Street School at 6:30 p.m. to discuss the capital project vote of December 4, 2007.

Present Mrs. Judy Green, President
Mrs. Martha Bogart, Vice President
Mr. Steve Esposito
Mr. James Kimiecik
Mr. Robert Kish
Mr. Alvin Watson
Via Telephone Mr. Michael Stroka
Superintendent of Schools Mr. Roy Reese
Assistant Superintendent for Business Mr. Robert Miller
Assistant Superintendent for Curriculum Mrs. Jane Unhjem
Principals: Mr. Robert Litz, Mr. Kent Maslin, Mrs. Mary Ann Knight, Mrs. Daria Murphy
Legal Counsel Mrs. Margo May
Student Senate Representative Mr. Peter Orlando
Members of the Faculty, Press and Citizens of the District

Mrs. Green, President, opened the Emergency Special Meeting at 6:33 p.m. Mrs. Green led the Pledge of Allegiance.

Mrs. Green mentioned the meeting concerned one agenda item. Mr. Stroka was present via telephone.

Mrs. Green turned the meeting over to Mr. Reese, Superintendent of Schools. Mr. Reese introduced Mrs. Margo May, legal counsel, for the district.

Steve Esposito entered the meeting at 6:35 p.m.

Mr. Reese read the following statement:

1. During the multiple presentations Jane and I made to the community on the capital project, I was asked many times, “if this referendum fails will it be put up for a vote again?” My answer to those questions has always been the following:

• My recommendation to the Board of Education will be not to put this referendum up again should it fail;
• It would be impossible to build a budget for the 2008/09 school year, run the day-to- day activities of the school district of 3,100 students and 500+ employees, and take a capital project that took three years to create and accurately change its design;
• The board has heard me say this and has agreed with that concept. Thus, there was never a possibility of putting this referendum up again during this school year.

2. The integrity of this district ----- the BOE/Admin.--- is such that a technicality or mistake would never be used to subvert the will of this community. It is obvious to everyone sitting at this table that the referendum placed before the community was voted down. We are all in agreement with that.

3. This Board of Education represents this community and has always been sensitive to the concerns of the residents. The opinion of this community with regard to this referendum has been clearly heard.

4. Clearly the voting machines did not reflect the number of ballots cast, however, the District Clerk, this Board of Education, and the Superintendent have no authority to determine the outcome of this vote. Only the Commissioner of Education, Mr. Richard Mills, has the authority to do so.

5. Our attorney, Margo May from Shaw, Pereslon, May & Lambert, LLP, is here with us this evening to help guide us through this process and has prepared a resolution for the Board of Education.

Mrs. Green read the following resolution:

On a motion by James Kimiecik and seconded by Robert Kish, that the Board of Education hereby authorizes its attorneys, Shaw, Perelson, May & Lambert, LLP, to commence a Section 310 Education Law appeal to the Commissioner of Education regarding the special school district meeting held on Tuesday, December 4, 2007, under the retainer agreement with the District. 6 AYES 0 NAYS Motion carried.
(ABSTAIN: Michael Stroka – not physically at the table – participated via telephone).

Steve Esposito asked for Mrs. May to provide an explanation of the action the board was going to take.

Mrs. May stated that the District Clerk and Board of Education were unable to verify the results of the vote with the malfunction of the voting machines. The Board is directing legal counsel to petition an appeal to the Commissioner to invalidate the results of the vote.

The Board asked if the machines had been opened for inspection. The answer was no, and Mrs. May stated the machines should not be examined by anyone.

The meeting was adjourned at 6:42 p.m. on a motion by Steve Esposito and seconded by James Kimiecik. AYES 6 NAYS 0

Respectfully submitted,
Cynthia B. Brown
District Clerk