The regular meeting of the Warsaw Central School Board of Education was called to order at        

6:33 p.m. in the Elementary School Building by Mr. Robb, Board President.

Members Present:  Mr. Robb, Mrs. Royce, Mr. Grover, Mr. Tarbell, Mr. McGinnis, Mrs. Baker           

Members Absent:  Mrs. Tangeman

Others Present:  Mr. Wilkins, Ms. Grisewood, Mr. Webb, Mr. Wilkie, Mrs. Sheer, Ms. Mould, Mrs. Youngers, Meghan Youngers, Mr. Barks, Mrs. Conley

Mr. Robb led the Pledge of Allegiance to the Flag.

FFA Presentation by Meghan Youngers, Club President and Ms. Mould, Club Advisor.

Moved by Mrs. Royce, seconded by Mr. McGinnis that the Board approve the request of the FFA Club for a trip to Syracuse, NY on January 29-30, 2023, as proposed.  Motion Carried:  Yes 6, No 0, Abstain 0.

Entrepreneur Boot Camp – Ms. Mould discussed an interest in setting up an Entrepreneur Boot Camp for students interested in creating a business.

Career Center Presentation by Mrs. Sheer, Career Coordinator.

Moved by Mr. Grover, seconded by Mrs. Royce that the Board approve the minutes for the meeting of November 8, 2022, as written.  Motion Carried:  Yes 6, No 0, Abstain 0.

The Board reviewed the lists of bills dated November 7, 2022 and November 21, 2022.

The Board reviewed the Appropriation Status Report and Revenue Status Reports for October 2022.

Moved by Mrs. Royce, seconded by Mr. McGinnis that the Board accept the Treasurer’s Reports as of October 2022.   Motion Carried:  Yes 6, No 0, Abstain 0.

Mr. Wilkins reported that the District is going live with the Raptor Visitor Management System on Monday, December 19, 2022.  There have been a few issues with it in the Middle/High School and it needs to be rebooted, but they are working on that this week so it will be ready.  Visitors entering the District will be able to scan their ID’s and it will print a visitor’s pass.  It will also log students using it when leaving for and returning from BOCES, or when arriving to school late. 

The District received their project manager and project number assigned for the emergency reconstruction of the library.  There is an OACM meeting tomorrow to discuss the next steps.

Mr. Wilkins reported that a few weeks ago the Genesee Valley Chief School Officers (GVCSO) drafted their position statement to send to the press noting their concerns regarding fiscal stability and education funding, teacher and staff shortages, and state leaders’ lack of focus with issues facing rural school districts.

He reported that there will be a legislative breakfast in York on January 21, 2023 and asked the Board members to reach out if they would like to attend.

Mr. Wilkins reported that the state testing for grades 3-8 will be computer based this year and the District is preparing students for it.

Moved by Mr. Tarbell, seconded by Mr. Royce that, whereas the Education Law provides that the Tax Collector shall be relieved of responsibility for the uncollected portion of the tax list when a complete list of the delinquent tax items has been certified to the Board of Education, and since the Collector has affixed her affidavit to such statement and has filed a statement accounting for the handling of the tax warrant and list; and whereas the Business Administrator has examined and verified the accuracy of the signed report of the Collector; therefore be it resolved, that the Board accept the report of the Tax Collector and having determined that the Collector has accounted for the full amount of the tax warrant direct that the lists of the delinquent tax items, with the addition of the two percent penalty, be certified to the office of the County Treasurer and/or other tax enforcement officer; and it is further directed that the tax warrant, tax roll and the Tax Collector’s copies of the tax receipts be placed on file.  Motion Carried:  Yes 6, No 0, Abstain 0.

The Board held the first review of Board Policy 8260.

Moved by Mr. Grover, seconded by Mrs. Royce that the Board waive the second reading required by Policy 1410, with regard to Board Policy 8260 Title 1 Parent and Family Engagement.   Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. Grover, seconded by Mrs. Royce that the Board approve Policy 8260 Title 1 Parent and Family Engagement as revised.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Royce, seconded by Mr. McGinnis that the Board approve A RESOLUTION, DATED DECEMBER 13, 2022, OF THE BOARD OF EDUCATION OF THE WARSAW CENTRAL SCHOOL DISTRICT, WYOMING COUNTY, NEW YORK (THE “DISTRICT”) DECLARING THE DISTRICT’S PROPOSED EMERGENCY CAPITAL PROJECT INVOLVING NECESSARY AND IMMEDIATE MEASURES TO ADDRESS SIGNIFICANT (AND UNEXPECTED) DAMAGE TO THE ELEMENTARY SCHOOL BUILDING (RESULTING FROM A HIGH-SPEED VEHICLE COLLISION) TO BE A TYPE II ACTION UNDER SEQRA as follows:

WHEREAS, the Warsaw Central School District, Wyoming County, New York (the “District”) is in the process of responding to the significant (and unexpected) damages to the District’s Elementary School building at 153 West Buffalo Street, Warsaw, New York (the “Facility”), and remediating such extensive and unforeseen damages that resulted from a high-speed vehicle collision that occurred on or about December 2, 2022, with such work being anticipated to generally include, but not necessarily be limited to, the removal and replacement of the Facility’s severely damaged building structure, façade and interior envelope, and any related and necessary measures, all in compliance with applicable statutes, regulations and standards, as described in some greater detail below (collectively, the “Emergency Capital Project”); and

WHEREAS, the District’s architect, Young + Wright Architectural (“YWA”), has determined that the damages at the Facility pose a risk of injury or harm to District employees, students and other users of the Facility, and recommends that the District pursue an emergency capital project with the State Education Department to facilitate the immediate reconstruction/replacement of the Facility’s structure, façade and interior envelope, thereby allowing the Facility to be rapidly returned to its full intended and critical function and ensuring the health and safety of District employees, students and other users of the Facility; and

WHEREAS, YWA has specifically recommended that the District implement the Emergency Capital Project that is anticipated to include, but not necessarily be limited to, the temporary stabilization and enclosure of the damaged building structure (along with the removal of hazardous debris) and the removal of and reconstruction of the severely damaged and compromised structure, façade and interior envelope of the building (along with any associated work) to meet current Code requirements; and

WHEREAS, Section 617.5 of the State Environmental Quality Review Act (“SEQRA”) Regulations (6 NYCRR Part 617) provides that certain activities are Type II actions which are not subject to review under SEQRA and that such activities include “emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to the environment,” “routine activities of educational institutions,” “maintenance or repair involving no substantial changes in an existing structure or facility;” and “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site…unless such action meets or exceeds any [Type I] thresholds in section 617.4”; and

WHEREAS, the proposed Emergency Capital Project constitutes such emergency actions, routine activities of educational institutions; maintenance or repair activities; and/or in-kind, same-site replacement, rehabilitation or reconstruction activities;

NOW THEREFORE, BE IT RESOLVED that it is the final determination of the District’s Board of Education that the Emergency Capital Project is a Type II action, which is not subject to review under SEQRA, and the proposed action will not result in a significant adverse impact on the environment.

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Baker, seconded by Mr. Grover that the Board approve A RESOLUTION, DATED DECEMBER 13, 2022, OF THE BOARD OF EDUCATION OF THE WARSAW CENTRAL SCHOOL DISTRICT, WYOMING COUNTY, NEW YORK (THE “DISTRICT”) FINDING AND DECLARING THE EXISTENCE OF AN EMERGENCY SITUATION (ARISING OUT OF THE UNEXPECTED DAMAGE TO THE DISTRICT’S ELEMENTARY SCHOOL BUILDING, RESULTING FROM A HIGH-SPEED VEHICLE COLLISION) AND AUTHORIZING AN EMERGENCY CAPITAL IMPROVEMENTS PROJECT TO ADDRESS THE SITUATION IN ORDER TO ENSURE THE SAFETY OF DISTRICT EMPLOYEES, STUDENTS AND OTHER USERS OF THE ELEMENTARY SCHOOL as follows:

WHEREAS, the Warsaw Central School District, Wyoming County, New York (the “District”) is in the process of responding to the significant (and unexpected) damages to the District’s Elementary School building at 153 West Buffalo Street, Warsaw, New York (the “Facility”), and remediating such extensive and unforeseen damages that resulted from a high-speed vehicle collision that occurred on or about December 2, 2022, with such work being anticipated to generally include, but not necessarily be limited to, the removal and replacement of the Facility’s severely damaged building structure, façade and interior envelope, and any related and necessary measures, all in compliance with applicable statutes, regulations and standards, as described in some greater detail below (collectively, the “Emergency Capital Project”); and

WHEREAS, the District’s architect, Young + Wright Architectural (“YWA”), has determined that the damages at the Facility pose a risk of injury or harm to District employees, students and other users of the Facility, and recommends that the District pursue an emergency capital project with the New York State Education Department (“NYSED”) to facilitate the immediate reconstruction/replacement of the Facility’s structure, façade and interior envelope, thereby allowing the Facility to be rapidly returned to its full intended and critical function and ensuring the health and safety of District employees, students and other users of the Facility; and

WHEREAS, YWA has specifically recommended that the District implement the Emergency Capital Project that is anticipated to include, but not necessarily be limited to, the temporary stabilization and enclosure of the damaged building structure (along with the removal of hazardous debris) and the removal of and reconstruction of the severely damaged and compromised structure, façade and interior envelope of the building (along with any associated work) to meet current Code requirements; and

WHEREAS, the District and/or YWA have been in contact with the NYSED (which has indicated that the Emergency Capital Project is to be appropriately treated as an emergency situation, with an expedited review and, likely, an accelerated flow of State building aid); and

WHEREAS, a project number has been assigned (or is in the process of being assigned) at NYSED, and the District has solicited cost proposal(s) and retained and/or will retain contractors to undertake and complete the Emergency Capital Project, as well as any reasonably required additional work to address the described situation; and

WHEREAS, the District proposes to undertake the Emergency Capital Project for the general protection of the public and, specifically, for the restoration and continued use of a safe and reliable Facility for the benefit of the District, to ensure the safety of District employees, students and other users of the Facility;

NOW, THEREFORE, BE IT RESOLVED that the District finds that the situation described above:  (1) requires immediate action to restore and preserve the physical integrity of the Facility, and to protect the health and safety of District employees, students and other users of the Facility; and (2) constitutes an emergency within the meaning of Section 103(4) of the General Municipal Law; and be it further

RESOLVED, that the Emergency Capital Project shall be limited in general scope to those items of work that have been deemed by YWA to be immediately necessary or advisable to restore the structural integrity of the Facility, to return it to its intended function and use on an expedited basis, and to ensure the safety of District employees, students and other users of the Facility; and be it further

RESOLVED, that it was the final determination of the District’s Board of Education that the Emergency Capital Project is a Type II action, which is not subject to review under SEQRA, and that the proposed action will not result in a significant adverse impact on the environment; and be it further

RESOLVED, that the Board hereby declares that the expenditure of funds for the purpose of undertaking the Emergency Capital Project in an amount up to $_400,000._____ (being YWA’s preliminary estimate of the maximum total cost of the work involved, including incidental expenses and a modest contingency allowance), less the amount of any insurance settlement proceeds that may be received, constitutes an ordinary contingent expense of the District, on the basis that such action is immediately necessary to maintain the District’s educational program, preserve property and assure the health and safety of District employees, students and other users of the Facility; and be it further

RESOLVED, that all of the expenses associated with the Emergency Capital Project (including, without limitation, the costs of the Emergency Capital Project, and the undertaking of any reasonably required additional work to address the described emergency situation, as well as the incurrence of necessary architectural and engineering costs, legal costs and other related incidental costs), all of which (less any insurance settlement proceeds received) are hereby declared to be ordinary and contingent expenses in response to the emergency situation, shall be initially funded by the expenditure of up to $ 400,000.    (or so much thereof as may be necessary) from the District’s General Fund or (to the extent received) from payments made by the District’s property and casualty insurer or any insurance settlement proceeds arising out of the described situation and, ultimately, from State building aid that is anticipated to be forthcoming (likely on an expedited and accelerated basis) in connection with the Emergency Capital Project; and be it further

RESOLVED, that the Superintendent of Schools, the School Business Administrator and other appropriate District officials be, and they hereby are, authorized to work with the District’s contractors and/or YWA to develop and complete the plans and specifications for the Emergency Capital Project, to solicit (in accordance with NYSED guidance) cost proposals/quotes/bids for the work on the Emergency Capital Project, to enter into (in the case of the Superintendent, only) contracts for the work on the Emergency Capital Project on behalf of the District, and to undertake such other actions as may be reasonably necessary for the District to undertake, carry out and complete the Emergency Capital Project as soon as reasonably practicable, all in accordance with applicable New York State law.

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Royce, seconded by Mrs. Baker that the Board approve the contractual amendment between Wyoming County Health Department and WCSD as proposed, and extending the ELC grant end date to July 31, 2023, and authorize the Superintendent to execute said amendment.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Baker, seconded by Mr. Tarbell that the Board accept the Legal Counsel 2022-23 (J. Erickson) resignation.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. Grover, seconded by Mrs. Royce that the Board declare the following items obsolete and authorize disposal in accordance with state law and Board policy.

 Mitel IP Commercial Telephone System Including:

(35) Mitel IP #5330E handsets 

(165) Inter-Tel standard digital handsets #550.4400

(1) Mitel #HX processor module & (1) Mitel 3 bay unit

(1) Phybridge 24 port PoLRE switch 

(2) E10S servers

(5) Mitel 5000 switches

Cisco & 3Com Switches & Routers Including:

(1) Cisco Catalyst #3560G series 24 port switch

(3) Cisco 3 catalyst #2960 series 48 port switch

(1) Cisco catalyst #3750 series 48 port switch

(4) 3Com 48V DC ethernet power supplies

(1) Cisco catalyst #3750 series router

Stage Risers Including: 

(2) 4 x 4fFolding sections

(9) 4 x 8 folding sections with heights up to 24"

John Deere

Model: 1575

Body Style: John Deere #1575 Terrain Utility Tractor & Attachments

Engine Make/Model: Yanmar #3TNV88C-DJMA, 37.4Hp

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. McGinnis, seconded by Mrs. Baker that the Board declare the attached list of library books obsolete and authorize disposal in accordance with state law and Board policy. Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Royce, seconded by Mr. Grover that the Board accept, with appreciation, the following donations from the Buffalo Sabres:

Equipment:

-40 two-piece floor hockey sticks

-1 box of thirty high density balls

-2 pop-up hockey nets

For Students:

-175 t-shirts

-175 BOGO ticket vouchers

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. McGinnis, seconded by Mr. Tarbell that the Board appoint Mrs. Royce as Clerk Pro Tem for the remainder of the Board Meeting.  Motion Carried:  Yes 6, No 0, Abstain 0.

The District Clerk was dismissed at 7:08 p.m. and the following took place as recorded by Mrs. Royce, Clerk Pro Tem.

Tawnnee Conley

District Clerk

Moved by Mr. Grover, seconded by Mr. McGinnis that the Board enter Executive Session at 7:10 p.m. for the purpose of discussing matters leading to the appointment/employment of a particular person.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. McGinnis, seconded by Mr. Grover that the Board resume regular session at 7:59 p.m.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Royce, seconded by Mr. McGinnis that the Board approve the special education placement recommendations, as follows:

1.    = Amendment Agreement – No Meeting

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. Grover, seconded by Mr. Tarbell that, upon the recommendation of the Superintendent, the Board approve the creation of 5 FTE additional School Monitor positions effective December 14, 2022. Motion Carried: Yes 6, No 0, Abstain 0. 

Moved by Mrs. Baker, seconded by Mr. Robb that, upon the recommendation of the Superintendent, the Memorandum of Agreement for a Girl’s Cheerleading Modified Coach for the 2022 winter sports season be approved, and authorize the Superintendent to execute said MOA.  Motion Carried: Yes 6, No 0, Abstain 0.

Moved by Mr. Tarbell, seconded by Mrs. Baker that, upon the recommendation of the Superintendent, the Memorandum of Agreement for an Indoor Track Assistant Coach for the 2022 winter sports season be approved, and authorize the Superintendent to execute said MOA.  Motion Carried: Yes 6, No 0, Abstain 0.

Moved by Mr. Grover, seconded by Mrs. Baker that, upon the recommendation of the Superintendent, the Memorandum of Agreement for the WSSA “In lieu of Health Insurance Payments” to be paid in two halves be approved, and authorize the Superintendent to execute said MOA.  Motion Carried: Yes 6, No 0, Abstain 0.

Moved by Mr. Tarbell, seconded by Mr. Grover that, upon the recommendation of the Superintendent, in order to address minimum wage increases and work year requirements, the Memorandum of Agreement for the WSSA and wage increase at the rate of $1.00 per hour effective December 31, 2022, be approved, and authorize the Superintendent to execute said MOA.  Motion Carried: Yes 6, No 0, Abstain 0.

Moved by Mr. Tarbell, seconded by Mrs. Baker that, upon the recommendation of the Superintendent, in order to address minimum wage increases, the following wage increase for the Non-Union Clerical Confidential positions of Executive Secretary, Administrative Secretary and District Treasurer at the rate of $1.00 per hour, effective January 1, 2023 be approved.  Motion Carried: Yes 5, No 0, Abstain 1 (Mrs. Royce).

Moved by Mrs. Baker, seconded by Mr. McGinnis that, upon the recommendation of the Superintendent, the Board approve the District Treasurer’s Conditions of Employment under Insurance Section 6, Opt-Out Statement be updated to state that the payment will be made in two installments as proposed, effective December 14, 2022. Motion Carried: Yes 5, No 0, Abstain 1 (Mrs. Royce).

Moved by Mr. McGinnis, seconded by Mr. Grover that, upon the recommendation of the Superintendent, the Board approve the Teacher Substitute Rate Adjustment, as follows, effective January 1, 2023.                  

                              Current                 Proposed     

Certified               $110.00                $125.00          

Non-Certified      $  95.00                $110.00          

Retired                 $120.00                $135.00          

LPN                       $110.00                $125.00         

Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. Grover, seconded by Mr. Tarbell that, upon the recommendation of the Superintendent, the Board approve the Starting Pay Rates of the Support Staff Positions & Substitutes, as follows, effective December 31, 2022.

                                                                                      *summer only

 Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mr. Tarbell, seconded by Mrs. Baker that, upon the recommendation of the Superintendent, the Board approve Personnel Schedule 542, as revised.  Motion Carried:  Yes 6, No 0, Abstain 0.

Moved by Mrs. Baker, seconded by Mr. Grover that the regular meeting of the Warsaw Central School Board of Education be adjourned at 8:01 p.m.; subject to the call of the President.  Motion Carried:  Yes 6, No 0, Abstain 0.

Mrs. Gail E. Royce

Clerk Pro Tem