REGULAR MEETING
The Regular Meeting of the Board of Education of the Brocton Central School District, Chautauqua County, New York, was called to order in said school district in said building on November 30, 2016 in said building at 7:00 pm.
BOARD MEMBERS PRESENTALSO PRESENT
Michael Riforgiato, PresidentJason Delcamp, Superintendent
Steven SmithElizabeth Antolina, MS/HS Principal
Tom DeJoeSandy Olson, Elementary Principal
Beth Jagoda
Jim Rizzo, Jr.Caitlin Barkley, District Treasurer/Business Executive
Doug Walter, Linda Miller, District Clerk
Bob Mead-ColegroveAlso: Auditors, BTA, 3 Public, 1 Student, 3 Staff
The meeting was called to order at 7:00 pm. The pledge to the flag was led by Student of the Month for November –Samantha Haertel for Middle School. Samantha was then introduced to the Board and received her plaque.
CONSENT AGENDA - RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approve the minutes of the meeting of November 9, 2016, budget status report, revenue status report, claims auditor report, treasurer's report and warrants.
Motion by: Mr. SmithSeconded by: Mr. Mead-Colegrove
7 YesMotion carried.
COMMUNICATIONS, REPORTS, ANNOUNCEMENTS
Additions/amendments to the agenda - RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approve the agenda for the November 30, 2016 meeting/without amendments.
Motion by: Mr. Mead-ColegroveSeconded by: Mr. Smith
7 YesMotion carried.
Board President Riforgiato commended everyone involved with the musical. Great job and very enjoyable.
Mr. Delcamp spoke about the lead testing. He is pleased with the results as only 13 issues out of 200 were noted and those have been or are being dealt with accordingly. There will be a re-test once all have been corrected.
Sports for the 2017-18 school year are already being discussed. One item being discussed and researched is “8 man football”. This would be unique to Section VI-Western NY. Westfield and Chautauqua Lake extended an invitation to join them in cross country for next fall.
In relation to the “Feed the children mission” organized by the Tri-Church Parish, the program has been very successful at the elementary and middle school level – feeding over 86 children weekly. With the high demand and need, the District is applying for the backpack program from the Western New York Food Bank to help supplement the food for the elementary students thus allowing the Tri-Church Parish to extend their Feed the Children Mission into the high school. The opportunity for our children to be well nourished PreK-12 is truly amazing. Thank you Laurie Neratko and volunteers from the community who support this mission.
Mr. Delcamp thanked Michelle Helmer and Lauren Ormsby (Ripley CSD) for initiating a joint 21st Century Learning Grant which will be very beneficial to all area districts.
The cafeteria staff has scheduled some seminars to be held at BCS in December which will offer free seminars to area school food staff employees. These are certificate programs. Thank you Wendy for
making the arrangements.
Lots of good news items were shared with the Board from Middle, High and Elementary…...
MS/HS –
- The musical – outstanding performances. Lots of very “real” talent. Rachel and the Hornbuckle’s are to be commended for their work with our students.
- Upcoming concert on December 15th at 7:00 pm
- The REVIEW- latest awards
- Mr. Wright and Mrs. McCausland’s recent trip to JCC for International Education Day
- Mrs. Giermek and Mrs. Sigeti – Kids escaping drugs program
- Fist high school basketball game of the season – Friday, December 2nd at home
Elementary –
- Conferences very well attended. Kudos to the day care providers during conferences. 33 kids were kept busy while their parents visited with teachers.
- Project Know is completed and went well
- Thanksgiving holiday events – there were many and all were special. Thank you to the staff for going the extra mile for the season
- PBIS – Student of the Month assembly is today
- PTSA – next meeting is January 12th at 3:30 pm. Santa’s workshop is “on hold” due to lack of volunteers. If you know of anyone who could donate some time please pass the word along.
Auditor Louann Bahgat from Bahgat & Laurito-Bahgat presented the annual audit report to the Board and detailed some of the information. It was a very good audit. Caitlin Barkley was commended for a job well done.
Reminder of School Boards (CCSBA) – 12/15/16 – Webb’s Captains Table
NEW BUSINESS:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approve the following individuals as indicated:
Katelyn MawhirSubstitute Teacher, Assistant, and Aide
Bethany SchaafLifeguard
Motion by: Mr. DeJoeSeconded by: Mrs. Jagoda
7 YesMotion carried.
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, appoint Elizabeth Parra to the extra-curricular position of Co-Book Club Advisor for the 2016-2017 school year.
Motion by: Mr. SmithSeconded by: Mr. Mead-Colegrove
7 YesMotion carried.
OTHER BUSINESS
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent,
SCHOOL BOARD RESOLUTION
BROCTON CENTRAL SCHOOL DISTRICT
DENIAL OF APPLICATIONS FOR REFUND/CREDIT
OF REAL PROPERTY TAXES FORM RP-556 FOR
2016-2017 SCHOOL DISTRICT TAXES
WHEREAS, Level 3 Communications LLC (Level 3) filed applications for refund/credit of real property taxes on Form RP-556 seeking refunds of school district taxes paid for the 2016-2017 tax year pursuant to Real Property Tax Law Section 556 for the parcel(s) set forth below, and
WHEREAS, the County Director of Real Property Tax has investigated the circumstances of the applications and transmitted a written report of the investigation, and
WHEREAS, the County Director of Real Property Tax has recommended denial of said applications on Form RP-556, by letter dated November 1, 2016, and
WHEREAS, the Brocton Central School District has determined that the aforesaid applications should be denied for the following reasons:
(1)Applicant’s property constitutes real property under Real Property Tax Law (RPTL) Sections 102(12)(f), (b) and (i);
(2)The application fails to establish a clerical error, an unlawful entry or an error in essential fact as defined in Article 5 and Section 550 of the RPTL;
(3)Applicant’s proper remedy is to bring a tax certiorari proceeding under Article 7 of the RPTL. Applicant failed to follow those procedures and the time period in which to do so under Article 7 has expired;
(4)No administrative grievance or complaint was filed pursuant to Section 524 of the RPTL;
(5)The application contains conclusory allegations with respect to fiber optic cables and fails to contain detailed and sufficient evidence and proof with respect to the identity, location, composition, and usage of its property and lines;
(6)The RCN case, which Applicant relies upon, is factually and legally distinguishable from the circumstances involving the Level 3 property located in Chautauqua County and, in any event, is in a different department and not binding on the courts in the Appellate Division, Fourth Department;
(7)Level 3 has no right to a refund or credit because it paid the taxes without an appropriate written protest;
(8)The applications should be denied on public policy grounds because the applicant voluntarily deferred its challenge to the public assessments and exposed the school districts to retroactive disruption of their budgets; and
(9)The applications are untimely and barred by the applicable statute of limitations;
NOW, THEREFORE, BE IT:
RESOLVED, that the application for refund and credit of real property taxes, on Form RP-556, pertaining to 2016-2017 school district taxes submitted by Level 3 Communications LLC, for the following parcels is hereby denied for the reasons set forth in numbered paragraphs 1-9 above.
Parcel No.: 87-7-88..PS 1
87-7-88..PS 2
Motion by: Mr. SmithSeconded by: Mr. Mead-Colegrove
7 YesMotion carried.
RESOLVED that the Board of Education, upon the recommendation of the Superintendent, accept the 2015-2016 External Auditors Report as presented by Bahgat & Laurito-Bahgat.
Motion by: Mr. DeJoeSeconded by: Mr. Smith
Discussion: Good job Caitlin.
7 YesMotion carried.
RESOLVED that the Board of Education, upon the recommendation of the Superintendent, consider this the first and final reading of the following policy:
# 5630Facilities: Inspection, Operation and Maintenance
Motion by: Mr. DeJoeSeconded by: Mr. Smith
7 YesMotion carried.
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, approve the CSE recommendations as listed.
Motion by: Mr. SmithSeconded by: Mrs. Jagoda
7 YesMotion carried.
EXECUTIVE SESSION:
RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, enter into Executive Session for the purpose of discussing a proposed, pending or current litigation.
Motion by: Mr. DeJoeSeconded by: Mr. Smith
Time: 7:52 pm
7 YesMotion carried.
REGULAR SESSION: RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, enter back into Regular Session.
Motion by:Seconded by:
Discussion:Time:
Motion carried/denied.
ADJOURNMENT: RESOLVED, that the Board of Education, upon the recommendation of the Superintendent, adjourn the meeting of November 30, 2016 at ______.
Motion by:Seconded by:
Discussion:
Motion carried/denied.
______
Linda L. Miller, District Clerk