UNOFFICIAL PROCEEDINGS OF BOARD OF EDUCATION
GROTON AREA SCHOOL DISTRICT NO. 06-6
REGULAR MEETING
May 11, 2009
President Nelson called the meeting to order at 7:30 p.m. in the High School
Library. Members present: Hanson, Luttrell, McNamara, Nelson, Rix and Schaller.
Absent: Larsen. Others present were Supt. Schuster, Principal Sweeter and
Foster, and Business Official Weber.
Moved by McNamara, second Schaller to approve the agenda with the following
amendments: under Old Business #10a – First reading on Policy JFB – Complaint
Policy for Federal Programs, under New Business Item #2a – Approve resignation
from Jim Stearns and under New Business Item #2b – Approve resignation from
Shaun Wanner. Motion carried.
Moved by Luttrell, second Schaller to approve the following consent agenda items
as presented: North Central Special Ed Coop school of record agenda items; North
Central Area Interconnect school of record agenda items; district minutes of
April 13 and 27; bills; financial reports; agency reports; school lunch reports
and transportation reports. Motion carried.
GENERAL FUND: Net Salary – 152,689.68; FIT – 11,025.46; FICA – 24,833.92;
Medicare – 5,808.02; SD School Benefits Fund – 47,392.65; American Funds –
2,288.00; Conseco – 207.10; SD Retirement – 25,098.82; First National Bank-HSAs
– 280.32; Waddell & Reed – 3,067.19; Horace Mann – 123.00; Thrivent Financial –
285.00; Prudential – 25.00; American Family Life – 1,480.42; SDRS Spouse Option
– 73.63; Delta Dental – 3,374.50; SD Supplemental Retirement – 993.18; Agency
Fund – advance payments, 11,574.75; AmericInn – lodging, 599.20; Ameripride –
services, 466.62; Loren Bahr – oil, 2.85; Marsha Braun – meals, 21.26; CD
Exchange – songs, 15.00; City of Groton – utilities/permit, 9,998.85; Cole
Papers – supplies, 1,984.71; Crawford Trucks – bus parts, 95.62; Darrel’s
Sinclair – supplies, 31.80; Sylvia Davis – meals, 22.67; Days Inn – lodging,
272.97; Cara Dennert – meals, 34.66; Dependable Sanitation – services, 681.00;
EMC Insurance – add car, 86.00; Evergreen Supply – supplies, 349.25; Farm Tire
Service –services, 60.00; Farnams – supplies, 233.06; Fire Safety First –
testing, 304.04; Grand Gateway Hotel – lodging, 738.00; GASD Food Service –
snacks, 607.71; Groton Dakota Press – notices, 602.85; Harlow’s Bus Sales –
services, 1,486.15; Hauff Mid-America – letters, 689.50; Aaron Helvig – meals,
67.88; Hillyard – services, 187.54; House of Glass – keys, 8.00; Infocus – CD,
35.00; J.W. Pepper – music, 166.42; James Valley Telecommunictions – services,
860.15; Deb Jensen – supplies, 23.97; Jerke Irrigation – services, 206.63;
Jostens – pins, 50.12; Jungle Lanes – supplies, 48.67; Teri Kurtenabach – tools,
9.42; Lori’s Pharmacy – flowers, 13.58; Mid-American Research Chemical –
supplies, 337.74; NASSP\NHS\NJHS – renewal, 81.00; NCS Pearson – services,
600.00; Pat Nehls – supplies, 75.22; Northwestern Energy – utilities, 4,904.52;
Office Equipment – supplies, 111.32; Roger Overacker – DCI fees, 39.25; Paints
‘n More – UPS, 19.68; Pioneer Ford – services, 110.08; Hedrin Rock – meals,
35.06; S&S Lumber – supplies, 77.40; Sam Holderby Fundraising – prizes, 165.00;
SDHSAA – rule books, 130.00; Sheraton – lodging, 296.00; Connie Stauch –
supplies, 17.04; James Stearns – meals, 56.62; Jodi Sternhagen – expenses,
48.02; Trail Chevrolet – keys, 35.62; Wanda Stange Prorate – testing, 265.00;
Michael Weber –meals, 16.52. Total General Fund -- $319,102.88.
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CAPITAL OUTLAY: Agency Fund – advance payments, 13,769.22; Conde School District
– equipment, 21,920.00; Evergreen Supply – welder, (4.31); Follett Library
Resources – books, 29.28; Grote Roofing – repair services, 2,381.75;
Hewlett-Packard – equipment, 81,768.00; James Valley Telecommunications – phone,
229.00; Renaissance Learning – software, 158.47. Total Capital Outlay –
$120,251.41.
SPECIAL ED: Net Salary – 20,953.56; FIT – 810.73; FICA – 3,194.30; Medicare –
747.06; SDSBF – 4,561.28 ; Conseco – 83.30; SD Retirement – 3,354.86; Cuna
Mutual – 25.00; Waddell & Reed – 323.63; American Family Life – 263.56; Delta
Dental – 468.52; Agency Fund – advance payments, 1,362.50; Groton Community
Transit – passes, 135.00; Phyllis Haiar – mileage, 48.10; University of South
Dakota – services, 650.00. Total Special Education – $36,981.40.
FOOD SERVICE: Net Salary – 5,223.66; FIT – 195.00; FICA – 764.00; Medicare –
178.70; SDSBF – 592.22; SD Retirement – 541.84; American Family Life – 50.40;
Delta Dental – 97.18; Agency Fund – advance payments, 597.02; Ameripride –
services, 102.85; Child & Adult Nutrition Services – processed commodities,
285.09; Conde School District – equipment, 3,525.00; CWD-Aberdeen – foods,
3,803.73; Dean Foods – dairy product, 1,835.01; Earthgrains Company – bakery
product, 420.98; Groton Area School – lunch refund, 57.00; Kristi Larsen – lunch
refund, 19.00; Sysco North Dakota – foods, 885.57; US Foodservice – foods,
1,544.05; Wordware – support services, 1,930.00. Total Food Service –
$22,648.30.
NCAI: Laura Schuster – supplies, 10.18. Total NCAI -- $10.18.
AGENCY FUND: Total – $44,217.45.
RECEIPTS: Local Sources, Taxes – 70,560.77; Other Local Sources – 68,451.10;
County Sources – 6,353.85; State Sources – 22,003.00; Federal Sources –
114,288.99. Total Receipts – $281,657.71.
Members of the public were allowed five minutes to address the board on any
topic of their choice. With no public members present to speak, the board
proceeded with their remaining agenda items.
2009 Eastside Building Addition Bids were read from the bid hearing on Friday,
May 8th as follows: Comstock Construction – Fargo, ND: Base Bid - $1,624,700;
Alternate #1 - $26,000, Alternate #2 - $55,000, Alternate #3 - $55,000,
Alternate #4 - $14,500; Alternate #5 – 22,500, Alternate #6 - $89,500, and
Alternate #7 - $67,000; Gray Construction – Watertown, SD: Base Bid -
$1,483,200; Alternate #1 - $26,600, Alternate #2 - $49,700, Alternate #3 -
$52,700, Alternate #4 - $12,800; Alternate #5 – 21,900, Alternate #6 - $95,700,
and Alternate #7 - $66,600; Huff Construction – Aberdeen, SD: Base Bid -
$1,515,000; Alternate #1 - $31,100, Alternate #2 - $48,900, Alternate #3 -
$45,300, Alternate #4 - $20,800; Alternate #5 – 22,200, Alternate #6 - $99,200,
and Alternate #7 - $71,600; JDH Construction – Aberdeen, SD: Base Bid -
$1,474,000; Alternate #1 - $21,850, Alternate #2 - $42,000, Alternate #3 -
$51,000, Alternate #4 - $15,600; Alternate #5 – 23,000, Alternate #6 - $96,400,
and Alternate #7 - $67,800; Kyburz-Carlson Construction – Aberdeen, SD: Base Bid
- $1,520,000; Alternate #1 - $23,000, Alternate #2 - $47,000, Alternate #3 -
$45,000, Alternate #4 - $17,500; Alternate #5 – 23,000, Alternate #6 - $97,000,
and Alternate #7 - $71,000; Quest Construction – Aberdeen, SD: Base Bid -
$1,448,500; Alternate #1 - $17,850, Alternate #2 - $36,650, Alternate #3 -
$42,350, Alternate #4
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- $11,700; Alternate #5 – 32,400, Alternate #6 - $95,000, and Alternate #7 -
$67,500; Zeller Brothers Construction – Aberdeen, SD: Base Bid - $1,494,144;
Alternate #1 - $42,581, Alternate #2 - $70,167, Alternate #3 - $55,469,
Alternate #4 - $23,387; Alternate #5 – 25,900, Alternate #6 - $112,815, and
Alternate #7 - $85,798. Moved by Luttrell, second Schaller to accept the low bid
from Quest Construction with all alternate bids for a total of $1,751,950.
Motion carried.
Weber presented Eastside Building Addition cost estimates and various length of
borrowing terms.
Moved by Schaller, second Luttrell to approve Wells Fargo as Financial Service
Agency for the issuance of Capital Outlay Certificates for the said project.
Motion carried.
Moved by Luttrell, second Hanson to adopt the following resolution authorizing
issuance and payment of limited general obligation capital outlay certificates
in the amount of $2,000,000 with a 13-year term for the 2009 Eastside Building
Addition.
RESOLUTION NO. III
RESOLUTION AUTHORIZING THE EXECUTION, TERMS, ISSUANCE, SALE AND PAYMENT OF
LIMITED TAX GENERAL OBLIGATION CERTIFICATES IN THE AGGREGATE PRINCIPAL AMOUNT OF
NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000) OF THE GROTON AREA SCHOOL
DISTRICT 06-6 OF BROWN, DAY AND MARSHALL COUNTIES, SOUTH DAKOTA.
WHEREAS, the Groton Area School District 06-6 is authorized by the provisions of
SDCL §13-16-6.2 to issue Limited Tax General Obligation Certificates to fund the
acquisition or construction of real property, plant and equipment; and
WHEREAS, the School Board has determined that the issuance of Limited Tax
General Obligation Certificates of the School District is in the best interests
of School District; and
WHEREAS, the School Board has determined that is necessary and in the best
interest of the School District to issue Limited Tax General Obligation
Certificates of the School District for the purpose of providing funds to (i)
finance an Eastside Building Addition to the existing high school and furnishing
and equipping the same, (ii) pay the costs of issuance of the Certificates
described herein and (iii) such other expenditures authorized by the School
Board.
NOW THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE GROTON AREA SCHOOL
DISTRICT 06-6 OF BROWN, DAY AND MARSHALL COUNTIES, AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1.1. Definition of Terms.
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In addition to the words and terms elsewhere defined in this Certificate
Resolution, the following words and terms as used herein, whether or not the
words have initial capitals, shall have the following meanings, unless the
context or use indicates another or different meaning or intent, and such
definitions shall be equally applicable to both the singular and plural forms of
any of the words and terms herein defined:
"Act" means collectively SDCL Chapter 6-8B and Title 13, as amended.
"Authorized Officer of the School District" means the President of the School
Board and the Business Manager, or, in the case of any act to be performed or
duty to be discharged, any other member, officer, or employee of the School
District then authorized to perform such act or discharge such duty.
"Bond Counsel" means Meierhenry Sargent LLP, a firm of attorneys recognized as
having experience in matters relating to the issuance of state or local
governmental obligations.
"Bond Insurer" means a municipal bond insurance company which has the highest
rating for the rating agencies.
"Book-Entry Form" or "Book-Entry System" means a form or system, as applicable,
under which physical Certificates in fully registered form are issued to a
Depository or to its nominee as Registered Owner, with the certificated
Certificates being held by and "immobilized" in the custody of such Depository,
and under which records maintained by persons, other than the School District or
the Registration Agent, constitute the written record that identifies, and
records the transfer of the beneficial "book-entry" interests in those
Certificates.
"Business Manager" means the Business Manager of the School District appointed
pursuant to the provisions of South Dakota Codified Laws Title 13 or, in the
absence of such appointment or in the event the person so appointed is unable or
incapable of acting in such capacity, the person appointed by the School Board
to perform the duties otherwise performed by the Business Manager, or his
designee.
"Certificate Payment Date" means such dates as are set forth in the Certificate
Purchase Agreement.
"Certificate Purchase Agreement" means the agreement between the School District
and the Underwriter for the purchase of the Certificates.
"Certificate Resolution" means the within Resolution, duly adopted by the School
Board on the date hereof, as it may be amended from time to time.
"Certificateholder", "Holder" and "Registered Owner" means the registered owner
of a Certificate, including any nominee of a Depository.
"Certificates" means not to exceed $ 2,000,000 in aggregate principal amount of
Limited Tax General Obligation Certificates, Series 2009, dated Closing Date, or
such other designation or date as shall be determined by the School Board
pursuant to Section 8.1 hereof, authorized and issued under the Certificates
Resolution.
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"Closing Date" means the date the Certificates are exchanged for value.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable
regulations of the United States Department of Treasury promulgated thereunder
as in effect on the date of issuance of the Certificates.
"Depository" means any securities depository that is a clearing agency under
federal laws operating and maintaining, with its participants or otherwise, a
Book-Entry System, including, but not limited to DTC.
"District" means the School District.
"DTC Participant(s)" means securities brokers and dealers, banks, trust
companies and clearing corporations that have access to the DTC system.
"DTC" means the Depository Trust Company, a limited purpose company organized
under the laws of the State of New York, and its successors and assigns.
"Interest Payment Dates" means such dates as are set forth in the Certificate
Purchase Agreement.
"Improvements" means the (i) financing of additions and renovations to existing
school facilities and furnishing and equipping the same (ii) pay the costs of
issuance of the Certificates described herein and (iii) such other expenditures
authorized by the School Board.
"Letter of Representation" means the Issuer Letter of Representations or Blanket
Issuer Letter of Representations to DTC of the School District.
"Official Statement" and "Preliminary Official Statement" means that Official
Statement and Preliminary Official Statement described in Section 8.2 hereof
pertaining to the sale of the Certificates.
"Original Issue Discount or O.I.D." means the difference between the issue price
and the stated redemption price at maturity. The stated redemption price is
determined without regard to optional call dates.
"Original Issue Premium or O.I.P." means the difference between the issue price
and the stated redemption price at maturity. The stated redemption price is
determined without regard to optional call dates.
"Outstanding," "Certificates Outstanding," or "Outstanding Certificates" means,
as of a particular date all Certificates issued and delivered under this
Certificate Resolution except: (1) any Certificates paid or redeemed or
otherwise canceled by the School District at or before such date; (2) any
Certificate for the payment of which cash, equal to the principal amount thereof
with interest to date of maturity, shall have theretofore been deposited prior
to maturity by the School District for the benefit of the Owner thereof; (3) any
Certificate for the redemption of which cash, equal to the redemption price
thereof with interest to the redemption date, shall have theretofore been
deposited with the Registration Agent and for which notice of redemption shall
have been mailed in accordance with this Certificate Resolution; (4) any
Certificate in lieu of or in substitution
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for which another Certificate shall have been delivered pursuant to this
Resolution, unless proof satisfactory to the School District is presented that
any Certificate, for which a Certificate in lieu of or in substitution therefor
shall have been delivered, is held by a bona fide purchaser, as that term is
defined in Article 8 of the Uniform Commercial Code of the State, as amended, in
which case both the Certificate in lieu of or in substitution for which a new
Certificate has been delivered and such new Certificate so delivered therefor
shall be deemed Outstanding; and, (5) any Certificate deemed paid under the
provisions of Article VII of this Resolution, except that any such Certificate
shall be considered Outstanding until the maturity or redemption date thereof
only for the purposes of being exchanged, transferred, or registered.
"Person" means an individual, partnership, corporation, trust, or unincorporated
organization, or a governmental entity or agency or political subdivision
thereof.
"President" means the president of the School Board elected pursuant to the
provisions of SDCL Chapter 13-8.
"Purchase Agreement" means the Certificate Purchase Agreement authorized
pursuant to and described in Section 8.1 hereof by and between the School
District and the Underwriter.
"Rating Agency" means one or more of the following rating agencies: Standard &
Poor's Credit Market Services, Moody's Investors Service Inc. and Fitch IBCA,
Inc.
"Record Date" means such dates as set forth in the Certificate Purchase
Agreement.
"Registration Agent" means the Registration Agent appointed by the Business
Manager its successor or successors hereafter appointed in the manner provided
in Article VI hereof.
"Resolution" means this Certificate Resolution.
"Schedule" the schedule that indicates the principal and interest payments on
the Certificates.
"School Board" means the School Board of the School District elected pursuant to
the provisions of the SDCL Title 13.
"School District" means the Groton Area School District 06-6.
"Underwriter" means the successful purchaser of the Certificates and such
securities dealers as it may designate.
"Vice-President" means the Vice-President of the School Board who may act for
the president in the absence of the President.
Section 1.2. References to Resolution.
The words "hereof", "herein", "hereunder", and other words of similar import
refer to this Certificate Resolution as a whole.
Section 1.3. References to Articles, Sections, Etc.
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References to Articles, Sections, and other subdivisions of this Certificate
Resolution are to the designated Articles, Sections, and other subdivisions of
this Certificate Resolution as originally adopted.
Section 1.4. Headings.
The headings of this Certificate Resolution are for convenience only and shall
not define or limit the provisions hereof.
ARTICLE II
FINDINGS
Section 2.1.
It is hereby found and determined by the School Board as follows:
(a) The principal amount of the Certificates does not exceed one and one half
percent (1½%) of the assessed valuation of the District;
(b) The District has developed and maintained a five-year plan on the annual
projection revenues and annual projected expenditures for the capital outlay
fund.
(b) The School District hereby determines that all limitations upon the issuance
of Certificates have been met and the Certificates are being authorized, issued
and sold in accordance with the provisions of the Act.
ARTICLE III
AUTHORITY, PLEDGE, AND LEVY
Section 3.1. Authority.
In order to (i) fund the acquisition and construction of the Improvements and
(ii) pay costs incident to the sale and issuance of the Certificates, there
shall be issued pursuant to, and in accordance with, the provisions of the Act,
the Certificate Resolution, and other applicable provisions of law, Limited Tax
General Obligation Certificates of the School District in the aggregate
principal amount of not to exceed $ 2,000,000.
Section 3.2. Pledge.
The taxing powers, not to exceed three dollars per thousand of taxable
valuation, of said School District shall be and they are hereby irrevocably
pledged to the prompt and full payment of the principal of and interest on each
and all of said Certificates as such principal and interest respectively become
due. Pursuant to SDCL § 13-16-10, the School District does hereby pledge and
provide for an annual tax sufficient to pay principal and interest on the
Certificates when due.
Section 3.3. Levy of Taxes.
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The District does hereby provide for an annual levy, not to exceed three dollars
per thousand of the taxable valuation of the School District, to produce
collected taxes, taking into consideration an amount necessary to provide for
delinquencies, reasonable reserve and mandatory early redemption, to pay
principal and interest on the Certificates when due. The Business Manager is
directed to provide the County Auditors of Brown, Day and Marshall Counties with
the Schedule. The Schedule is made a part this resolution as if stated in full
and shall be open to public inspection at the office of the Business Manager.
Said levies shall be irrepealable so long as any of the Certificates of said
issue or interest thereon shall remain unpaid, except that the School Board of
the District and the Auditor shall have the power to reduce the levy as provided
by SDCL §13-16-11.
ARTICLE IV
FORM, TERMS, EXECUTION, AND TRANSFER OF CERTIFICATES
Section 4.1. Authorized Certificates.
The aggregate principal amount of Certificates that may be issued under the
Certificates Resolution shall not exceed Two Million and No/100 Dollars ($
2,000,000).
Section 4.2. Form of Certificates; Execution.
(a) The Certificates are issuable only as fully registered Certificates, without
coupons, in the denomination of Five Thousand Dollars ($5,000) or any integral
multiple thereof (but no single Certificate shall represent installments of
principal maturing on more than one date). All Certificates issued under the
Resolution shall be substantially in the form set forth in Exhibit A attached
hereto, and by this reference incorporated herein as fully as though copied.
(b) The Certificates shall be executed in such manner as may be prescribed by
applicable law in the name and on behalf of the School District with the manual
or facsimile signature of the President of the School Board, attested by the
manual or facsimile signature of the Business Manager, and approved as to form
and countersigned by a Resident Attorney by his manual or facsimile signature.
(c) In the event any officer whose manual or facsimile signature shall appear on
any Certificates shall cease to be such officer before the delivery of such
Certificates, such manual or such facsimile signature shall nevertheless be
valid and sufficient for all purposes as if he or she had remained in office
until such delivery. Any Certificates may bear the facsimile signature of, or
may be manually signed by, such individuals who, at the actual time of the
execution of such Certificates, were the proper officers of the School District
to sign such Certificates, although on the date of the adoption by the School
District of this Resolution, such individuals may not have been such officers.
Section 4.3. Maturities, Interest Rates, and Certain Other Provisions of
Certificates.
(a) The Certificates shall be in amounts, due and payable as set forth in the
Certificate Purchase Agreement.
(b) The Certificates shall be designated "Limited Tax General Obligation
Certificates, Series 2009," or such other designation as shall be determined by
the School Board pursuant to Section 8.1
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hereof. The Certificates shall bear interest from their date or from the most
recent interest payment date to which interest has been paid or duly provided
for, until the principal amount of the Certificates is paid, such interest
(computed upon the basis of a 360-day year of twelve 30-day months) being
payable on Interest Payment Dates. Interest on each Certificate shall be paid by
wire transfer, check or draft of the Paying Agent, payable in lawful money of
the United States of America, to the person in whose name such Certificates is
registered at the close of business on the Record Date. The principal of the
Certificates shall be payable in lawful money of the United States of America at
the principal office of the Paying Agent on the Certificates Payment Date. Each
Certificate shall state that it is issued pursuant to SDCL 6-8B.
(c) The Registration Agent shall make all interest payments with respect to the
Certificates on each interest payment date directly to the registered owners as
shown on the Certificate registration records maintained by the Registration
Agent as of the close of business on the Record Date by wire transfer, check or
draft mailed to such owners at their addresses shown on said Certificate
registration records, without, except for final payment, the presentation or
surrender of such registered Certificates, and all such payments shall discharge
the obligations of the School District in respect of such Certificates to the
extent of the payments so made. Payment of principal of and premium, if any, on
the Certificates shall be made upon presentation and surrender of such
Certificates to the Registration Agent as the same shall become due and payable.
Section 4.4. Negotiability of Certificates.
All Certificates issued under this Resolution shall be negotiable, subject to
the provisions for registration and transfer contained in this Resolution and in
the Certificates.
Section 4.5. Registration, Transfer and Exchange of Certificates.
(a) The Certificates are transferable only by presentation to the Registration
Agent by the registered owner, or his legal representative duly authorized in
writing, of the registered Certificate(s) to be transferred with the form of
assignment on the reverse side thereof completed in full and signed with the
name of the registered owner as it appears upon the face of the Certificate(s)
accompanied by appropriate documentation necessary to prove the legal capacity
of any legal representative of the registered owner. Upon receipt of the
Certificate(s) in such form and with such documentation, if any, the
Registration Agent shall issue a new Certificate or Certificates to the
assignee(s) in $5,000 denominations, or integral multiples thereof, as requested
by the registered owner requesting transfer. The Registration Agent shall not be
required to transfer or exchange any Certificate during the period commencing on
a Record Date and ending on the corresponding interest payment date of such
Certificate, nor to transfer or exchange any Certificate after the publication
of notice calling such Certificate for redemption has been made, nor to transfer
or exchange any Certificate during the period following the receipt of
instructions from the School District to call such Certificate for redemption;
provided, the Registration Agent, at its option, may make transfers after any of
said dates. No charge shall be made to any registered owner for the privilege of
transferring any Certificates, provided that any transfer tax relating to such
transaction shall be paid by the registered owner requesting transfer. The
person in whose name any Certificate shall be registered shall be deemed and
regarded as the absolute owner thereof for all purposes and neither the School
District nor the Registration Agent shall be affected by any notice to the
contrary whether or not any
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payments due on the Certificates shall be overdue. Certificates, upon surrender
to the Registration Agent, may, at the option of the registered owner, be
exchanged for an equal aggregate principal amount of Certificates of the same
maturity in any authorized denomination or denominations.
(b) Except as otherwise provided in this subsection, the Certificates shall be
registered in the name of Cede & Co., as nominee of DTC, which will act as
securities depository for the Certificate. References in this Section to a
Certificate or the Certificates shall be construed to mean the Certificate or
the Certificates that are held under the Book-Entry System. One Certificate for
each maturity shall be issued to DTC and immobilized in its custody. Unless
otherwise provided herein, a Book-Entry System shall be employed, evidencing
ownership of the Certificates in authorized denominations, with transfers of
beneficial ownership affected on the records of DTC and the DTC Participants
pursuant to rules and procedures established by DTC.
Each DTC Participant shall be credited in the records of DTC with the amount of
such DTC Participant’s interest in the Certificates. Beneficial ownership
interests in the Certificates may be purchased by or through DTC Participants.
The holders of these beneficial ownership interests are herein referred to as
the "Beneficial Owners." The Beneficial Owners shall not receive the
Certificates representing their beneficial ownership interests. The ownership
interests of each Beneficial Owner shall be recorded through the records of the
DTC Participant from which such Beneficial Owner purchased its Certificates.
Transfers of ownership interests in the Certificates shall be accomplished by
book entries made by DTC and, in turn, by DTC Participants acting on behalf of
Beneficial Owners. SO LONG AS CEDE & CO., AS NOMINEE FOR DTC, IS THE REGISTERED
OWNER OF THE CERTIFICATES THE REGISTRATION AGENT SHALL TREAT CEDE & CO., AS THE
ONLY HOLDER OF THE CERTIFICATES FOR ALL PURPOSES UNDER THIS RESOLUTION,
INCLUDING RECEIPT OF ALL PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE
CERTIFICATES, RECEIPT OF NOTICES, VOTING AND REQUESTING OR DIRECTING THE
REGISTRATION AGENT TO TAKE OR NOT TO TAKE, OR CONSENTING TO, CERTAIN ACTIONS
UNDER THIS CERTIFICATE RESOLUTION.
Payments of principal, interest, and redemption premium, if any, with respect to
the Certificates, so long as DTC is the only owner of the Certificates, shall be
paid by the Registration Agent directly to DTC or its nominee, Cede & Co., as
provided in the Letter of Representation. DTC shall remit such payments to DTC
Participants, and such payments thereafter shall be paid by DTC Participants to
the Beneficial Owners. Neither the School District nor the Registration Agent
shall be responsible or liable for payment by DTC or DTC Participants, for
sending transaction statements or for maintaining, supervising or reviewing
records maintained by DTC or DTC Participants.
In the event that (1) DTC determines not to continue to act as securities
depository for the Certificates or (2) the School District determines that the
continuation of the Book-Entry System of evidence and transfer of ownership of
the Certificates would adversely affect their interests or the interests of the
Beneficial Owners of the Certificates, the School District may discontinue the
Book-Entry System with DTC. If the School District fails to identify another
qualified securities depository to replace DTC, the School District shall cause
the Registration Agent to authenticate and deliver replacement Certificates in
the form of fully registered Certificates to each Beneficial Owner.
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NEITHER THE SCHOOL DISTRICT NOR THE REGISTRATION AGENT SHALL HAVE ANY
RESPONSIBILITY OR OBLIGATIONS TO ANY DTC PARTICIPANT OR ANY BENEFICIAL OWNER
WITH RESPECT TO (i) THE CERTIFICATES; (ii) THE ACCURACY OF ANY RECORDS
MAINTAINED BY DTC OR ANY DTC PARTICIPANT; (iii) THE PAYMENT BY DTC OR ANY DTC
PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL OWNER IN RESPECT OF THE
PRINCIPAL OF AND INTEREST ON THE CERTIFICATES; (iv) THE DELIVERY OR TIMELINESS
OF DELIVERY BY DTC OR ANY DTC PARTICIPANT OF ANY NOTICE DUE TO ANY BENEFICIAL
OWNER THAT IS REQUIRED OR PERMITTED UNDER THE TERMS OF THIS CERTIFICATE
RESOLUTION TO BE GIVEN TO BENEFICIAL OWNERS, (v) THE SELECTION OF BENEFICIAL
OWNERS TO RECEIVE PAYMENTS IN THE EVENT OF ANY PARTIAL REDEMPTION OF THE
CERTIFICATES; OR (vi) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC, OR ITS
NOMINEE, CEDE & CO., AS OWNER.
SO LONG AS A BOOK-ENTRY SYSTEM OF EVIDENCE OF TRANSFER OF OWNERSHIP OF ALL THE
CERTIFICATES IS MAINTAINED IN ACCORDANCE HEREWITH, THE PROVISIONS OF THIS
RESOLUTION RELATING TO THE DELIVERY OF PHYSICAL CERTIFICATES SHALL BE DEEMED
INAPPLICABLE OR BE OTHERWISE SO CONSTRUED AS TO GIVE FULL EFFECT TO SUCH
BOOK-ENTRY SYSTEM. IF THE PROVISIONS OF THE LETTER OF REPRESENTATION SHALL BE IN
CONFLICT WITH THE PROVISIONS OF THIS RESOLUTION AS SAID PROVISIONS RELATE TO
DTC, THE PROVISIONS OF THE LETTER OF REPRESENTATION SHALL CONTROL.
Section 4.6. Mutilated, Lost, Stolen, or Destroyed Certificates.
(a) In the event any Certificate is mutilated, lost, stolen, or destroyed, the
School District may execute, and upon the request of an Authorized Officer of
the School District the Registration Agent shall authenticate and deliver, a new
Certificate of like maturity, interest rate, and principal amount, and bearing
the same number (but with appropriate designation indicating that such new
Certificate is a replacement Certificate) as the mutilated, destroyed, lost, or
stolen Certificate, in exchange for the mutilated Certificate or in substitution
for the Certificate so destroyed, lost, or stolen. In every case of exchange or
substitution, the Certificateholder shall furnish to the School District and the
Registration Agent: (1) such security or indemnity as may be required by them to
save each of them harmless from all risks, however remote; and, (2) evidence to
their satisfaction of the mutilation, destruction, loss, or theft of the subject
Certificate and the ownership thereof. Upon the issuance of any Certificate upon
such exchange or substitution, the School District and the Registration Agent
may require the Owner thereof to pay a sum sufficient to defray any tax or other
governmental charge that may be imposed in relation thereto and any other
expenses, including printing costs and counsel fees, of the School District and
the Registration Agent. In the event any Certificate which has matured or is
about to mature shall become mutilated or be destroyed, lost, or stolen, the
School District may, instead of issuing a Certificate in exchange or
substitution therefor, pay or authorize the payment of the same (without
surrender thereof except in the case of a mutilated Certificate) if the Owner
thereof shall pay all costs and expenses, including attorneys fees, incurred by
the School District and the Registration Agent in connection herewith, as well
as a sum sufficient to defray any tax or other governmental charge that may be
imposed in relation thereto and shall furnish to the
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School District and the Registration Agent such security or indemnity as they
may require to save them harmless and evidence to the satisfaction of the School
District and the Registration Agent the mutilation, destruction, loss, or theft
of such Certificate and of the ownership thereof.
(b) Every Certificate issued pursuant to the provisions of this section shall
constitute an additional contractual obligation of the School District (whether
or not the destroyed, lost, or stolen Certificate shall be found at any time to
be enforceable) and shall be entitled to all the benefits of this Certificate
Resolution equally and proportionately with any and all other Certificates duly
issued under this Certificate Resolution.
(c) All Certificates shall be held and owned upon the express condition that the
provisions of this Section are exclusive, with respect to the replacement or
payment of mutilated, destroyed, lost, or stolen Certificates, and, to the
maximum extent legally permissible, shall preclude all other rights or remedies,
notwithstanding any law or statute now existing or hereafter enacted to the
contrary.
Section 4.7 Authentication.
The Registration Agent is hereby authorized to authenticate and deliver the
Certificates to the Underwriter or as it may designate upon receipt by the
School District of the proceeds of the sale thereof, to authenticate and deliver
Certificates in exchange for Certificates of the same principal amount delivered
for transfer upon receipt of the Certificate(s) to be transferred in proper form
with proper documentation as hereinabove described. The Certificates shall not
be valid for any purpose unless authenticated by the Registration Agent by the
manual signature of an officer thereof on the certificate set forth herein on
the Certificate form.
Section 4.8. Qualification for DTC.
The Registration Agent is hereby authorized to take such actions as may be
necessary from time to time to qualify and maintain the Certificates for deposit
with DTC, including but not limited to, wire transfers of interest and principal
payments with respect to the Certificates, utilization of electronic book entry
data received from DTC in place of actual delivery of Certificates and provision
of notices with respect to Certificates registered by the DTC (or any of its
designees identified to the Registration Agent) by overnight delivery, courier
service, telegram, telecopy or other similar means of communication. No such
arrangements with DTC may adversely affect the interest of any of the Owners of
the Certificates, provided, however, that the Registration Agent shall not be
liable with respect to any such arrangements it may make pursuant to this
section.
Section 4.9. Bond Insurance.
The School District authorizes the Certificates to be insured by a Bond Insurer.
Any terms or conditions required by bond insurer and agreed to by the District
to by the Bond Insurer be included in this resolution shall be set forth in
Exhibit B and be made a part of this Resolution as if included at passage. The
Bond Insurer shall be designated in the Certificate Purchase Agreement.
Section 4.10. Rating Agency.
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May 12, 2009
The President and Business Manager are authorized to enter into an agreement
with a Rating Agency as may be required under the Purchase Agreement. Any terms
or conditions of the Rating Agency shall be attached to this resolution and
incorporated herein as if stated in full.
ARTICLE V
REDEMPTION OF CERTIFICATES PRIOR TO MATURITY
Section 5.1 Redemption. The redemption provisions shall be set forth in the
Certificate Purchase Agreement.
ARTICLE VI
REGISTRATION AGENT
Section 6.1. Appointment and Acceptance of Duties.
(a) The School District hereby authorizes the Business Manager to appoint the
Registration Agent with respect to the Certificates and authorizes and directs
the Registration Agent to maintain Certificate registration records with respect
to the Certificates, to authenticate and deliver the Certificates as provided
herein, either at original issuance, upon transfer, or as otherwise directed by
the School District, to effect transfers of the Certificates, to give all
notices of redemption as required herein, to make all payments of principal and
interest with respect to the Certificates as provided herein, to cancel and
destroy Certificates which have been paid at maturity or upon earlier redemption
or submitted for exchange or transfer, to furnish the School District at least
annually a certificate of destruction with respect to Certificates canceled and
destroyed, and to furnish the School District at least annually an audit
confirmation of Certificates paid, Certificates Outstanding and payments made
with respect to interest on the Certificates. The President and the Business
Manager, or either of them is hereby authorized to execute and the Business
Manager is hereby authorized to attest such written agreement between the School
District and the Registration Agent as they shall deem necessary or proper with
respect to the obligations, duties and rights of the Registration Agent. The
payment of all reasonable fees and expenses of the Registration Agent for the
discharge of its duties and obligations hereunder or under any such agreement is
hereby authorized and directed.
Section 6.2. Permitted Acts and Functions.
The Registration Agent may become the Owner of any Certificates, with the same
rights as it would have if it were not a Registration Agent. The Registration
Agent may act as an underwriter or fiscal agent in connection with the sale of
the Certificates or of any other securities offered or issued by the School
District.
Section 6.3. Resignation or Removal of the Registration Agent and Appointment of
Successors.
(a) The Registration Agent may at any time resign and be discharged of the
duties and obligations created by the Certificate Resolution by giving at least
sixty (60) calendar days’ written notice to the Business Manager. The
Registration Agent may be removed at any time by the Business
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May 11, 2009
Manager, provided that such removal does not constitute a breach of any
contractual agreement with any such Registration Agent, by filing written notice
of such removal with such Registration Agent. Any successor Registration Agent
shall be appointed by the Business Manager and shall be a trust company or a
bank having the powers of a trust company, having a combined capital, surplus,
and undivided profits aggregating at least Forty Million Dollars ($40,000,000),
willing to accept the office of Registration Agent on reasonable and customary
terms and authorized by law to perform all the duties imposed upon it by the
Certificate Resolution.
(b) In the event of the resignation or removal of the Registration Agent, such
Registration Agent shall pay over, assign and deliver any monies and securities
held by it as Registration Agent, and all books and records and other properties
held by it as Registration Agent, to its successor, or if there be no successor
then appointed, to the Business Manager until such successor be appointed.
Section 6.4. Merger or Consolidation of Registration Agent.
Any corporation or association into which the Registration Agent may be
converted or merged, or with which it may be consolidated, or to which it may
sell or transfer its trust business and assets as a whole, or substantially as a
whole, or any corporation or association resulting from any such conversion,
sale, merger, consolidation, or transfer to which it is a party shall be and
become successor Registration Agent hereunder and shall be vested with all the
trusts, powers, discretion, immunities, privileges, and other matters as was its
predecessor, without the execution or filing of any instrument or any further
act, deed, or conveyance on the part of any of the parties hereto, anything
herein contained to the contrary notwithstanding. Upon any such conversion,
merger, consolidation, sale or transfer, the Business Manager shall have the
right and option, upon notice to such converted, merged, consolidated or
acquiring entity, to remove such entity and appoint a successor thereto pursuant
to the procedures and requirements set forth in Section 6.3 hereof.
ARTICLE VII
ADDITIONAL CERTIFICATES
Nothing contained herein shall restrict the issuance of additional certificates
on parity herewith. Any restrictions on the issuance of additional Certificates
shall be set forth in the Certificate Purchase Agreement.
ARTICLE VIII
SALE OF CERTIFICATES AND DEPOSIT OF PROCEEDS
Section 8.1. Sale of Certificates.
The Certificates shall be sold to the Underwriter at a price set forth in the
Certificate Purchase Agreement. The President and the Business Manager, or
either of them, in consultation with the Underwriter, is authorized to make such
changes in the structuring of the terms and sale of the Certificates as they
shall deem necessary. In this regard, they, or either of them, in consultation
with the Underwriter, are authorized to cause to be sold an aggregate principal
amount of the Certificates less than that authorized herein, to sell any or all
of the Certificates as term Certificates with annual mandatory redemption
requirements which will produce substantially the same annual principal
reductions as authorized herein, to change the dated date of the Certificates,
and to adjust principal
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and interest payment dates and redemption dates of the Certificates. The form of
the Certificate set forth in Exhibit A attached hereto shall be conformed to
reflect any changes, if any, as hereinbefore mentioned. The President and the
Business Manager, or either of them, are hereby authorized to execute and the
Business Manager is authorized to attest the Certificate Purchase Agreement with
the Underwriter providing for the purchase and sale of the Certificates. The
Certificate Purchase Agreement shall be in form and content acceptable to the
President and Business Manager, the execution thereof by either of them to
constitute conclusive evidence thereof, and approved as to form and legality by
the District’s attorney; provided the Certificate Purchase Agreement effects the
sale of the Certificates in accordance with the provisions of this Resolution,
and is not inconsistent with the terms hereof. The President and the Business
Manager are authorized to cause the Certificates to be authenticated and
delivered by the Registration Agent to the Underwriter and to execute, publish,
and deliver all certificates and documents, including the Official Statement,
and closing certificates and documents, as they shall deem necessary in
connection with the sale and delivery of the Certificates.
Section 8.2. Official Statement.
The President, Business Manager, and the Underwriter are hereby authorized and
directed to provide for the preparation and distribution of a Preliminary
Official Statement describing the Certificates in the form of the Preliminary
Official Statement attached hereto and by this reference made a part hereof (the
"Preliminary Official Statement"). After the Certificates have been sold, the
President and Business Manager shall make such completions, omissions,
insertions and changes in the Preliminary Official Statement not inconsistent
with this resolution as are necessary or desirable to complete it as a final
Official Statement for purposes of Rule 15c2-12(e)(3) of the Securities and
Exchange Commission. The President and Business Manager shall arrange for the
delivery to the successful bidder on the Certificates of a reasonable number of
copies of the Official Statement within seven business days after the
Certificates have been sold for delivery by the Underwriter to each potential
investor requesting a copy of the Official Statement.
The President and Business Manager are authorized, on behalf of the School
District, to deem the Preliminary Official Statement and the Official Statement
in final form, each to be final as of its date within the meaning of Rule
15c2-12(b)(1), except for the omission in the Preliminary Official Statement of
certain pricing and other information allowed to be omitted pursuant to such
Rule 15c2-12(b)(1). The distribution of the Preliminary Official Statement and
the Official Statement in final form shall be conclusive evidence that each has
been deemed in final form as of its date by the School District except for the
omission in the Preliminary Official Statement of such pricing and other
information.
Section 8.3. Disposition of Certificate Proceeds.
The proceeds of the sale of the Certificates shall be deposited in the Capital
Outlay Fund and shall be used to provide funds for various capital improvements
in the School District. The cost shall include costs incident to the issuance
and sale of the Certificates pursuant to SDCL 6-8B-20 and capitalized interest,
if any.
Section 8.4. Tax Matters.
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May 11, 2009
(a) The School District covenants and agrees with the registered owners from
time to time of the Certificates that it will not take or permit to be taken by
any of its officers, employees or agents any action which would cause the
interest on the Certificates to become includable in gross income for federal
income tax purposes under the Code and applicable Treasury Regulations (the
"Regulations"), and covenants to take any and all actions within its powers to
ensure that the basic interest on the Certificates will not become includable in
gross income for federal income tax purposes under the Code and the Regulations.
(b) The President and the Business Manager, being the officers of the District
charged with the responsibility for issuing the Certificates pursuant to this
Resolution are hereby authorized and directed to execute and deliver to the
Underwriter thereof a certificate in accordance with the provisions of Section
148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the
basis of facts, estimates and circumstances in existence on the date of issue
and delivery of the Certificates, it is reasonably expected that the proceeds of
the Certificates will be used in a manner that would not cause the Certificates
to be "arbitrage bonds" within the meaning of Section 148 of the Code and the
Regulations.
(c) The District shall file with the Secretary of the Treasury a statement
concerning the Certificates containing the information required by Section
149(e) of the Code.
ARTICLE IX
MISCELLANEOUS
Section 9.1. Failure to Present Certificates.
(a) Subject to the provisions of Section 4.7 hereof, in the event any
Certificate shall not be presented for payment when the principal or redemption
price hereof becomes due, either at maturity or at the date fixed for prior
redemption thereof or otherwise, and in the event monies sufficient to pay such
Certificate shall be held by the Registration Agent for the benefit of the Owner
thereof, all liability of the School District to such Owner for the payment of
such Certificate shall forthwith cease, determine, and be completely discharged.
Whereupon, the Registration Agent shall hold such monies, without liability for
interest thereon, for the benefit of the Owner of such Certificate who shall
thereafter be restricted exclusively to such monies for any claim under the
Resolution or on, or with respect to, said Certificates.
(b) If any Certificate shall not be presented for payment within a period of
five years following the date when such Certificate becomes due, whether by
maturity or otherwise, the Registration Agent shall, subject to the provisions
of any applicable escheat or other similar law, pay to the School District any
monies then held by the Registration Agent for the payment of such Certificate
and such Certificate shall (subject to the defense of any applicable statute of
limitation) thereafter constitute an unsecured obligation of the School
District.
Section 9.2. Payments Due on Saturdays, Sundays, and Holidays.
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May 11, 2009
In any case where the date of maturity or interest on or principal of any
Certificates, or the date fixed for redemption of any Certificates, shall be a
Saturday or Sunday or shall be, at the place designated for payment, a legal
holiday or a day on which banking institutions similar to the Registration Agent
are authorized by law to close, then the payment of the interest on, or the
principal, or the redemption price of, such Certificate need not be made on such
date but must be made on the next succeeding day not a Saturday, Sunday, or a
legal holiday or a day upon which banking institutions similar to the
Registration Agent are authorized by law to close, with the same force and
effect as if made on the date of maturity or the date fixed for redemption, and
no interest shall accrue for the period after such date.
Section 9.3. Miscellaneous Acts.
The appropriate officers of the School District are hereby authorized,
empowered, and directed to do any and all such acts and things, and to execute,
acknowledge, deliver, and, if applicable file or record, or cause to be filed or
recorded, in any appropriate public offices, all such documents, instruments,
and certifications, in addition to those acts, things, documents, instruments,
and certifications hereinbefore authorized and approved, as may, in their
discretion, be necessary or desirable to implement or comply with the intent of
the Certificate Resolution, or any of the documents herein authorized and
approved, or for the authorization, issuance, and delivery by the School
District of the Certificates.
Section 9.4. Amendment.
The School Board is hereby authorized to make such amendments to the Certificate
Resolution as will not impair the rights of the Certificateholders.
Section 9.5. No Recourse Under Certificate Resolution or on Certificates.
All stipulations, promises, agreements, and obligations of the School District
contained in the Initial Resolutions or the Resolution shall be deemed to be the
stipulations, promises, agreements, and obligations of the School District and
not of any officer, director, or employee of the School District in his or her
individual capacity, and no recourse shall be had for the payment of the
principal of or interest on the Certificates or for any claim based thereon or
on the Initial Resolution or the Resolution against any officer, director, or
employee of the School District or against any official or individual executing
the Certificates.
Section 9.6. Partial Invalidity.
If any one or more of the provisions of the Certificate Resolution, or of any
exhibit or attachment thereto, shall be held invalid, illegal, or unenforceable
in any respect, by final decree of any court of lawful jurisdiction, such
invalidity, illegality, or unenforceability shall not affect any other provision
hereof, or of any exhibit or attachment thereto, but the Certificate Resolution,
and the exhibits and attachments thereto, shall be construed the same as if such
invalid, illegal, or unenforceable provision had never been contained herein, or
therein, as the case may be.
Section 9.7. Continuing Disclosure.
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May 11, 2009
The School District hereby covenants and agrees that it will provide financial
information and material event notices as required by Rule 15c2-12 of the
Securities Exchange Commission for the Certificates. The President is authorized
to execute at the Closing of the sale of the Certificates, an agreement for the
benefit of and enforceable by the owners of the Certificates specifying the
details of the financial information and material event notices to be provided
and its obligations relating thereto. Failure of the School District to comply
with the undertaking herein described and to be detailed in said closing
agreement, shall not be a default hereunder, but any such failure shall entitle
the owner or owners of any of the Certificates to take such actions and to
initiate such proceedings as shall be necessary and appropriate to cause the
School District to comply with its undertaking as set forth herein and in said
agreement, including the remedies of mandamus and specific performance.
Section 9.8. Conflicting Resolutions Repealed.
All resolutions or parts thereof in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section 9.9. Effective Date.
This Certificate Resolution shall take effect from and after its adoption, the
welfare of the School District requiring it.
Section 9.10. Post Issuance Compliance.
The School District does hereby adopt post issuance compliance procedures (PICP)
with regard to the Bonds. The School District directs the Business Manager to
formalize the PICP.
Section 9.11. Reimbursement.
The District reasonably expects that capital or other expenditures made in
connection with the Project, including any inter-fund loans which are hereby
authorized, will be reimbursed with the proceeds of the Certificates, in
accordance with Section 150 of the Code, up to the principal amount of the
Certificates authorized herein.
Said motion was seconded by Member Hanson and upon vote being taken the
following voted AYE: Hanson, Luttrell, McNamara, Nelson, Rix and Schaller and
the following voted NAY: None.
ATTEST: President
Business Manager
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May 11, 2009
Schuster presented a Memorandum of Understanding agreement from the City of
Groton regarding the 2009 Eastside Building Addition. No action was taken.
Schuster presented a Memorandum of Understanding agreement from the City of
Groton regarding a joint school/city library. No action was taken.
Moved by McNamara, second Hanson to approve Resolution of Dissolution for the
North Central Area Interconnect and declare the NCAI classroom equipment surplus
property. Motion carried.
The board discussed a follow-up request from Tim Waldner regarding a new colony
school in the district becoming a public attendance center of Groton Area School
District. Moved by Rix, second Schaller to deny the request. Motion carried.
Personnel, Policy & Curriculum members presented Policy JFB for review. The
board acknowledged first reading of new Policy JFB – Complaint Policy for
Federal Programs.
The following topics were addressed in administrative reports: TIE Advisory
board meeting, Federal Stimulus Funds, HB 1134 – Cost publishing on public
notices, State Qualified School Construction Bonds, and Mock Crash feedback.
Moved by McNamara, second Schaller to authorize Schuster to cast the ballot for
Eldon Marshall for SDHSAA Native American At-Large Representative. Motion
carried.
Moved by Luttrell, second McNamara to approve 2009-10 signed teacher contracts
with salaries to be published in July. Motion carried.
A letter from Jim Stearns was read requesting resignation as high school
teacher, effective at the end of the 2008-09 school year. His intention is to
activate retirement benefits from SDRS. The issue was deferred to executive
session.
A letter from Shaun Wanner was read requesting resignation as head football and
co-head track coach, effective at the end of the 2008-09 school year. The issue
was deferred to executive session.
Moved by Rix, second Schaller to approve Public School Exemption Case #09-1 for
one child in kindergarten. Motion carried.
Moved by Schaller, second Larsen to approve renewal of ASBSD Protective Trust
Worker’s Compensation Agreement for 2009-10. Motion carried.
Weber presented a list of items for disposal. Moved by Schaller, second Luttrell
to declare items surplus property. Motion carried.
Moved by Hanson, second Luttrell to acknowledge review of preliminary 2009-10
Budget in accordance with SDCL 13-11-2. Motion carried.
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May 11, 2009
Discussion was held to determine whether or not a 2nd board meeting in May was
needed. The consensus was to not hold a second meeting at this time.
Moved by Schaller, second Hanson to go into executive session at 9:25pm to
discuss 2009-10 staffing. Motion carried.
President Nelson declared the board out of executive session at 10:20pm.
The board officially recognized and congratulated Darlyne Johnson as region
teacher of the year.
Moved by Hanson, second Rix to approve the resignation of Jim Stearns as high
school teacher. Motion carried.
Moved by Rix, second Luttrell to approve the resignation of Shaun Wanner as head
football and co-head track coach assuming a suitable replacement can be found.
Motion carried 5-1 with Hanson voting no.
Moved by Luttrell, second McNamara to adjourn. Motion carried.
M. J. Weber, Business Manager Dorene Nelson, President
The addition of signatures to this page verifies these minutes as official.