June 25, 2024

RECORD OF PROCEEDINGS

HELD

June 25, 2024

The Board of Education of the Washington County Joint Vocational School District met for the Regular meeting on June 25, 2024, at 6:00 p.m. in the Annex Board Room.

Roll Call:        Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent;

                        Mr. Arnold, Aye;

The Pledge of Allegiance was recited, and Mr. Lauer gave the opening prayer.

Introduction of Guests – Bobbi Webb, Evan Schaad , Maria Huffman, Mike Elliott, Steven Anderson (and family), Anthony Scarbrough (and family), and Dakota Snodgrass (and family)

Mr. Elliott recognized Steven Anderson as May Student of the Month.  Mrs. Webb recognized Anthony Scarbrough and Dakota Snodgrass as voting essay winners.    

Treasurer’s Report and Business

      1.  Report

a.       Finance and Temporary Appropriations

Resolution #37-24

Moved by Mr. Lyons and seconded by Mr. Lauer to approve the following resolution:

BE IT RESOLVED, The Washington County Joint Vocational School District

The Board of Education commends the following students and the teacher for

their participation in the following contests for the 2023-2024 school year while representing the Career Center.

b.      National Competition

Roll Call:        Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #38-24

Moved by Mr. Booth and seconded by Mr. Reed to approve the following consent agenda items:

a.       Waive the reading and approve the minutes of the regular meeting of June 6, 2024.

b.      Authorize the Treasurer to enter into an agreement with the Auditor of State to perform a Financial Audit for the fiscal year 2023-2024 school year, not to exceed $35,000.

c.       Approve renewal of service agreement for software with Johnson Controls for the fiscal year 2024-2025 for (year 1 of 3) $8,200.

d.      Approve renewal of service agreement with Johnson Controls for fiscal year 2024-2025 for (year 1 of 3) $16,230.

e.       Authorize the Treasurer to establish the AOMC Power Grant (Fund 599-925P) for the 2024-2025 school year; approve revenue and appropriations in the amount of $134,000.

f.        Approve removal of stale dated checks:

g.      Approve amended revenue and appropriations (below).

Roll Call:        Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #39-24 – Adopt Temporary Appropriations for FY25

Moved by Mr. Lauer and seconded by Mr. Lyons to approve the following resolution item:

BE IT RESOLVED, That the Board of Education of the Washington CountyJoint Vocational School District, Washington County, Ohio, accepts the temporary appropriations as recommended by the Superintendent to provide for current expenses and other expenditures of said Board of Education for the 2023-2024 school year until an amended certificate is received from the County Auditor.

The following sums are hereby set aside and appropriated for the several purposes

for which expenditures are to be made for and during the said period subject to

revisions or amendments in accordance with Section 5705.40 of the Ohio Revised Code; and,

BE IT FURTHER RESOLVED, That the business procedure for the fiscal year 2024-2025 be as follows: that the Board of Education dispense with the adoption of resolutions authorizing the purchase or sale of property except real estate, the employment of part-time employees except as otherwise provided by law, the payment of debts, claims, and the salaries of all employees if provision; therefore, are made in such annual appropriations resolution or approving warrants for the payment of any claim from school funds if the expenditure for which such warrant is issued and provided for in the yearly appropriations resolution; and,

BE IT FURTHER RESOLVED, That the superintendent be authorized to approve purchasing, appointing the part-time employees, and expenditures provided for in the appropriations, including meals for advisory committee meetings and mailings to promote public relations with business and industry in the Mid-Ohio Valley area. All expenditures are to be made in compliance with Section 5705.41 of the Ohio Revised Code. (Noted Below)

Roll Call:        Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Superintendent’s Report and Business:

1.      Report

a.       Summer Projects – 400 Hallway, Plumbing Repair, Roof Restoration, Concrete, and Asphalt

b.      Staff Changes – Maria Huffman to be hired as Placement Coordinator

c.       Grant Update – Innovative Center Grant did not get awarded to Career Center

d.      Financing Projects – Update on financing opportunity with Robert W. Baird & Co.

e.       Future Capital Expenses – We will develop a plan for HVAC Unit Replacement

Resolution #40-24

Moved by Mr. Booth and seconded by Mr. Reed to approve the following consent agenda items:

a.       Employ the following part-time Adult Technical Training instructors for the year ending June 30, 2025:

            *Pending ODE license, background checks, or new hire paperwork.

b.      Amend Stacy Bradford, Office Assistant to the School Counselors from a 2-year to a continuing contract effective beginning with 2024-2025 school year. Board Resolution #32-24.

c.       Approve clinical education affiliation agreement with Ohio Hills Health Care System, Ambulatory Services Sites and Washington County Career Center-Adult Technical Training for the Medical Assistant program, effective June 1, 2024, until terminated.

d.      Approve the Student, Substitute, and Teacher handbooks for the Washington County Career Center.

e.       Approve Memorandum of Understanding between Appalachian Ohio Manufacturers’ Coalition and Washington County Career Center.

f.        Approve Online Delivery of Instruction Plan for the 2024-2025 school year.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #41-24 – Approve Neola Policy

Moved by Mr. Lauer and seconded by Mr. Lyons to approve the following resolution:

BE IT RESOLVED, the board approves the following policy changes (new, revised) as set forth below:

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #42-24 – Approve Agreement with Ohio Valley Educational Service Center

Moved by Mr. Booth and seconded by Mr. Lauer to approve the following resolution:

Authorize the Treasurer to enter into an agreement with Ohio Valley Education Service Center, effective July 1, 2024, and to expire June 30, 2025, for behavior health services utilizing the Student and Wellness and Success Funds in the amount not to exceed $83,000.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Abstain; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #43-24 – Approve Agreement with Washington County Sheriff’s Office for a School Resource Officer

Moved by Mr. Lang and seconded by Mr. Lauer to adopt the following resolution:

WHEREAS, the Washington County Sheriff’s Office agrees to maintain a regularly scheduled School Resource Officer assigned to the Washington County Career Center.

WHEREAS, pursuant to Section 331.29, 505.43, and 3313.37 of the Ohio Revised Code, the County Sheriff may enter into a contract with the Washington County Career Center, to render any police services.

THEREFORE, authorize the Treasurer to enter into a School Resource Officer agreement between the Washington County Career Center and Washington County Sheriff’s Office for up to 184 school days per academic calendar year.

BE IT RESOLVED, this contract shall begin on August 19, 2024, through May 23, 2025, for the 2024-2025 school year not to exceed $78,600.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #44-24 – Approve Adult Technical Training Pay Scale

Moved by Mr. Lyons and seconded by Mr. Lang to adopt the following resolution:

BE IT RESOLVED, that the Adult Technical Training base pay for part-time instructors be amended to the following effective September 23, 2024.

Revised from Resolution #60-22

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #45-24 – Employ Placement & Student Success Coordinator

Moved by Mr. Lauer and seconded by Mr. Booth to adopt the following resolution:

Employ Maria Huffman as a full-time Placement & Student Success Coordinator beginning August 7, 2024.

Employment classification will be Classification F, Step 4 (7 ½ hours per day) (200 days a year) at $47,835.

*Pending new hire paperwork and background checks.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

Resolution #46-24 – Lease-Purchase Resolution

Moved by Mr. Lang and seconded by Mr. Booth to adopt the following resolution:

LEASE-PURCHASE RESOLUTION

Authorizing the Board of Education of the Washington County Joint Vocational School District to enter into a base lease of school district land and facilities, and a lease of the same back to the Board of Education of the School District, for the purpose of constructing, improving, furnishing and equipping school facilities, including without limitation roof construction and restoration and constructing, improving, renovating, furnishing and equipping facilities for medical, healthcare, construction and manufacturing-related instruction; and approving the execution of a Base Lease and Lease-Purchase Agreement and other documents relating thereto; and approving related matters

WHEREAS, Ohio Revised Code (the “Revised Code”) Section 3313.375  provides that the board of education of a joint vocational school district may enter into a lease-purchase agreement providing for the construction, enlarging or other improvement, furnishing, and equipping of facilities or improvements to facilities for any joint vocational school district purpose, and, in conjunction therewith, may grant a lease for land or facilities under the board’s control for a series of one-year renewable lease terms totaling not more than the number of years equivalent to the useful life of the asset and in no event more than 30 years; and

WHEREAS, Revised Code Section 3313.375 further provides that the obligations of the board of education of a joint vocational school district under such a lease-purchase transaction shall not be construed as net indebtedness of that joint vocational school district; and

WHEREAS, the Board has determined that it is advisable and in the best interest of the School District to construct, improve, furnish and equip school facilities, including without limitation roof construction and restoration and constructing, improving, renovating, furnishing and equipping facilities for medical, healthcare, construction and manufacturing-related instruction (collectively, the “Project”); and

WHEREAS, it will be necessary for the Board to enter into a lease-purchase transaction in accordance with the provisions of Revised Code Section 3313.375 in order to provide financing for the Project, and the Board has determined that it is advisable to enter into a base lease and lease-purchase agreement (the “Agreement”) and such other documents as are necessary to effectuate this lease-purchase transaction in accordance with Revised Code Section 3313.375 and the laws of the State of Ohio; and

WHEREAS the estimated cost of the Project will not exceed $4,500,000;

NOW, THEREFORE, be it resolved by the Board of Education of the Washington County Joint Vocational School District, Washington, Athens, Morgan and Noble Counties, Ohio, that:

Section 1.        It is hereby determined to be necessary and in the best interest of the inhabitants of the School District, and the Board hereby agrees to enter into a lease-purchase arrangement with such lessor (the “Lessor”) as shall provide the most advantageous terms for financing the Project as shall be determined by the Treasurer of the Board (the “Treasurer”) on behalf of the Board.

Section 2.        The Board shall convey to the Lessor a base leasehold interest in certain real property and existing improvements thereon (the “Project Site”) pursuant to the Agreement, which conveyance shall conform to the requirements of Revised Code Section 3313.375.  The Treasurer is directed to determine which School District real property to include in the Project Site and that is acceptable to the Lessor.  The term of the base leasehold interest shall be for such length as determined by the Treasurer and reported to this Board, but such term shall not exceed the date that is five years beyond the final renewal term of the leasehold interest in the Project Facilities (as defined hereinbelow) granted by the Lessor to the Board as described in Section 3 below.  Rental payments, if any, due under the Agreement for the base leasehold interest shall be in such amount as determined by the Treasurer.

Section 3.        The Board shall lease the facilities located on the Project Site, as such facilities will be improved by the Project pursuant to the Agreement (the “Project Facilities,” as such Project Facilities shall be further described and defined in the Agreement), from the Lessor pursuant to the Agreement.  As determined by the Treasurer, a portion of the Project financed pursuant to the plan of lease-purchase financing described in this Resolution may be installed and equipped on other properties and buildings owned by the School District that will not be included within the Project Site and/or the Project Facilities described in the Agreement but that will nonetheless be financed with proceeds from the Agreement.

The Agreement shall provide, among other things, for payments (the “Rent”) from the Board to the Lessor.  Rent shall be payable in periodic installments over the term of the Agreement, in such amounts and at such times as shall be determined by the Treasurer and reported to this Board, provided that the principal component of all Rent payments due under the Agreement shall not exceed $4,500,000.  The term of the Agreement shall be for an initial term and such one-year (or partial-year for the final renewal term, if applicable) renewal terms as shall be determined by the Treasurer and reported to this Board; provided, however, that the sum of the initial term and all renewal terms may not exceed the number of years equivalent to the useful life of the Project as determined by the Treasurer and in no event more than 30 years.  The Agreement shall provide for termination in the event the Board fails to appropriate funds adequate to pay Rent due with respect to any renewal term.

Section 4.        The President of the Board (the “President”), the Treasurer, the Superintendent of the School District, and any other officer of this Board are hereby authorized and directed to take such action as may be in their discretion necessary or appropriate in order to carry out the intent of this Resolution, including without limitation:  (i) hiring such professionals and/or consultants as may be needed to facilitate entering into the Agreement and the financing and completion of the Project; (ii) executing and delivering on behalf of the Board the Agreement and such additional instruments, agreements, certificates, and other documents as may be in their discretion necessary or appropriate to carry out the intent of this Resolution.  Such documents, including the Agreement, shall be in a form substantially consistent with the terms of this Resolution, as such officers in their discretion shall deem necessary or appropriate.  Notwithstanding any other provision contained herein, the leasehold interests described in Sections 2 and 3 of this Resolution may be separately conveyed through two different leases if the Treasurer determines that it would be advantageous in order to carry out the intent of this Resolution, and, in such situation, references to the Agreement in this Resolution shall be interpreted accordingly.Section 5.        The Board agrees to execute and perform the Agreement in accordance with its terms.  The Board agrees to comply with the terms and conditions of any additional instruments, agreements, certificates, and other documents relating to the Agreement as shall be deemed, by the Treasurer or the President, in their discretion, necessary or appropriate in connection with the financing described in this Resolution.

Section 6.        Nothing in the Agreement or any related instruments, agreements, certificates, and other documents shall constitute or be construed or deemed to constitute a debt or bonded indebtedness or a general obligation of the School District, the Board, or any agency of the School District.  Neither the taxing power nor the full faith and credit of the School District are pledged or shall be pledged for the payment or security of the Agreement or any other related instruments, agreements, certificates, and other documents.

Section 7.        The Treasurer may determine to issue any portion of the Agreement as obligations that the interest thereon is excluded from the holders’ gross income for federal income tax purposes, and the following provisions of this Section shall apply to such portion of the Agreement and the interest portion of the Rent thereon: 

The Board hereby covenants that it will comply with all existing and future laws applicable to the exemption of interest portion of the Rent due on the Agreement from federal income taxation.  The Board further covenants that it will restrict the use of the proceeds of the Agreement in such manner and to such extent, if any, as may be necessary, after taking into account reasonable expectations at the time the Agreement is executed, so that it will not constitute an arbitrage bond under Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations prescribed thereunder (the “Regulations”).

The Treasurer is hereby authorized and directed (a) to make or effect any election, selection, designation, choice, consent, approval or waiver on behalf of the Board with respect to the Agreement as permitted or required to be made or given under the federal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or the status of the Agreement or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing any rebate amount or any payment of penalties, or making any payments of special amounts in lieu of making computations to determine, or paying, any excess earnings as rebate, or obviating those amounts or payments, as determined by the Treasurer, which action shall be in writing and signed by the Treasurer, on behalf of the Board; (b) to take any and all actions, make or obtain calculations, and make or give reports, covenants and certifications of and on behalf of the Board and the School District, as may be appropriate to assure the status of the Agreement as tax-exempt obligations; and (c) to give an appropriate certificate on behalf of the Board, for inclusion in the transcript of proceedings, setting forth the facts, estimates and circumstances, and reasonable expectations of the Board pertaining to Section 148 and the Regulations, and the representations, warranties and covenants of the Board regarding compliance by the Board with Sections 141 through 150 of the Code and the Regulations, as applicable.

The Treasurer shall cause to be kept and maintained adequate records pertaining to investment of all proceeds of the Agreement sufficient to permit, to the maximum extent possible and presently foreseeable, the Board and the School District to comply with any federal law or regulation now or hereafter having applicability to the Agreement which limits the amount of Agreement proceeds which may be invested at an unrestricted yield or requires the Board and the School District to rebate arbitrage profits to the United States Department of the Treasury.  The Treasurer is hereby authorized and directed to file such reports with, and rebate arbitrage profits to, the United States Department of the Treasury, to the extent that any federal law or regulation having applicability to the Agreement requires any such reports or rebates.

Section 8.        The Board hereby approves of the appointments of the law firm of Bricker Graydon LLP to serve as legal counsel and Robert W. Baird & Co., Incorporated to serve as a placement agent to the School District with respect to the lease-purchase transaction described herein. The respective fees to be paid to such firms shall be subject to review and approval by the Treasurer and shall not exceed the fees customarily charged for such services.

Section 9.        All proceeds received by the School District from the Lessor are hereby appropriated for the payment of the costs of the Project and for the payment of fees related to the financing of the Project pursuant to the Agreement and as set forth in this Resolution, which fees may include, but are not limited to, the placement agent fees of Robert W. Baird & Co., Incorporated, the fees of Bricker Graydon LLP, as legal counsel, any fees of the Lessor (including legal fees of counsel to the Lessor), lien searching fees, and recording fees.

There is further appropriated, from unappropriated funds to be deposited or currently on deposit in the general fund and/or the permanent improvement fund of the School District, a sum not to exceed $500,000.00 to pay the cost of Rent due or coming due under the Agreement for its initial term ending June 30, 2025.

Section 10.      It is hereby found and determined that all formal actions of this Board concerning and relating to the passage of this Resolution were taken in an open meeting of the Board, and that all deliberations of the Board and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Revised Code Section 121.22.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Aye; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the resolution adopted.

ADJOURNMENT

Moved by Mr. Booth and seconded by Mr. Lauer to adjourn.

Roll Call:              Mr. Booth, Aye; Mr. Lang, Aye; Mr. Lauer, Aye; Mr. Lyons, Aye; Mr. Reed, Absent; Mr. Roush, Absent. Mr. Arnold, Aye. President Arnold declared the meeting adjourned at 6:44 p.m.

______________________________                        _____________________________

                          President                                                                    Treasurer