001we want to be sensitive to this okay we are live all right it's six o'clock right on the dot I'll call the meeting to order uh please join me for the Pledge of Allegiance the pledge allegiance to the flag of the United States of America and to the Republic it stands one nation under God indivisible with liberty justice for all all right next on the agenda is approval or revision of the agenda and I know we need to move uh Personnel 3.07 to um make that 8.01 are there any additional revisions to the agenda oops no okay all right um is there a motion to to approve the revised agenda thank you Kelly second for Mark any further discussion all those in favor please raise your hand indicate I I anyone opposed or abstaining all
002right great next on the agenda item 1.04 public comment Sarah do we have anyone for public comment this evening we do not okay uh president's report um I attended my first OC and bosis meeting last week on Thursday um at the ocm Bose's office in Liverpool um they gave an overview of their facilities projects they have done in the past year um a lot of minor um projects that they've done at their various facilities um they talked about um issues that affect all of the component districts one was student teachers and how the um component districts are working um so that they can include student teachers in their buildings um with covid safety in mind of course um they talked about um or actually the ocm superintendent gave an update on State Testing which is
003there isn't an update yet um so the three-day testing announcement should come sometime um early spring hopefully um one of the major concerns related to testing um is equity um because you have kids learning in different formats and kids with different levels of access to learning um so that's one of the issues that is being a major issue that's being discussed in regards to testing um also there is legislation uh Senator Meyer is sponsoring related to digital Equity um there's a bill that he has but um unfortunately um the bill has some unintentional um cost that are going to be pushed back on districts so the bill is um aimed at improving digital Equity across districts but unfortunately it's comes with a price tag for school districts so um there was discussion about school districts
004um taking a look at that legislation and perhaps um doing some activity related to um making sure that the bill itself perhaps is pass but not the part where the costs are passed on to school districts so um that may be some the legislative Leons want to look into um and we talked about oh they had a discussion about school resource officers that I found interesting and particularly the shortage and how a number of the component districts are looking to do exactly what FM did which is to have the um spos in place um some of them have Partnerships with the sheriff's department but they're all having the ones who would like to have school resource officers are having difficulty um find finding them at this point so they are looking at doing exactly what
005FM did um earlier this year um so that concludes my report as board president were there any questions Marissa do you happen to have a copy of that bill or that was just something they just mentioned it but I will get a copy and I will forward that to the whole board and see if um that's something that they'd like the board would like legislative lons to look into y so I'll get that off to you all right and we can follow up on that at the next meeting yes okay thank you all right seeing no question additional questions for me I will turn over to Dr Ty for a superintendent report thank you very much president Mims uh as far as my superintendent report under internal operations I we are on schedule to recognize
006our Hall of Distinction award recipients at the January 11th Board of Education meeting I would like to thank our district clerk Sarah Gridley for her organizational efforts I had a chance to see a sneak preview of the plaques and they certainly look outstanding under community relations as the board of education is aware we're in we are in receipt of a few letters from parents asking us to consider providing additional days of instruction or to relax our expectations regarding social distancing and maske wearing I mean even though we all eagerly anticipate a return to some semblance of normaly I suspect that the days and weeks ahead will determine whether we remain in a yellow zone or transition to an orange or red zone because of a Resurgence of the virus so we really certainly appreciate the
007input but I hope our public knows that we're doing our best to keep the schools open as we go forward under Administration I'd like to extend my sincere appreciation to our ad administrators for coordinating the yellow zone testing in each of their buildings as you may be aware none of the 9919 tests that were administered returned a positive result uh while results like these are encouraging I know the Administration has been wrestling with recent quarantines of staff and students and providing coverage in each of their school buildings and I certainly appreciate their efforts under non-instructional and business operations we are in the middle of our budget meetings with the admin ministrators in preparation for the deliberations that we will face in the months ahead as we begin to develop a spending plan for next year
008as you are aware the governor will release his executive budget in January which will give us a better understanding of our New York school aid for the upcoming year in the area of personnel later in today's agenda I will ask you to take action on the impending retirements of two of my key district office administrative team members while there is much work to be done in both of their FM careers I would like to be among the first to acknowledge with gratitude and to congratulate Lisa Denine and Jeff Gordon for their efforts on behalf of the children even though their individual retirements will not become effective until June 30th 2020 and January 31st 2023 respectively I know that there is much more work to be done in the time remaining and in the area of
009students I would like to take time to remind our students and their families about any travel out of state during the holidays please know that since we are all in this together during the pandemic your cooperation with the governor's executive orders res regarding testing and quarantining will be Mission critical as to whether we will be able to remain open for in-person learning especially after the holidays as you may have noticed a number of other school districts in central New York have shifted to a remote learning platform because of the number of students and staff members who have been placed in quarantine simply put I would like to thank our families in advance for their cooperation with the protocols that have been put in place to ensure everyone's safety during this unprecedented time in the area
010of instruction given the nature of our virtual meetings I would like to thank the board of education for previewing this evening's curriculum presentation and forwarding your questions in advance to Dr Coughlin if you have any additional questions or in need of further clarification I encourage you to email your inquiries to Dr Coughlin and then finally under strategic planning and construction the Wellwood Middle School Capital Improvement project remains ahead of schedule we recently relocated the library media center at Wellwood to a temporary location similar to what was done at the high school last year so that contractors will be able to get started on the renovations to that space the new addition is coming along quite nicely and it's our hope to have it closed in anticipation of the impending winter weather that concludes my report
011I would like to add I spoke uh with Mr seberg earlier today regarding our facilities committee and we are confirmed for this Thursday so uh in accordance with what we had discussed and you can elaborate during that uh on your committee reports uh so we will have uh Dr Kilmer there from the high school that concludes my report thank you president Mims thank you Dr Ty are there any questions from the board for Dr Ty okay I I just I just have one can and you had discussed I think it was two meetings ago about some cabinet meetings taking place to potentially review the K4 days in school and and and whether there would be any adjustments to the hybrid model on that has have those meetings taken place or are they still taking place
012or can you give us any information on that it's my understanding that just a couple of meetings have taken place uh in and around the Thanksgiving holiday um they're still under deliberations at this point additional questions okay next on the agenda we have our committee and representative updates uh let's see not nothing from audit um Community relation is scheduled to meet on January 12th um facilities Dan we haven't we haven't met since our um last meeting like Dr Ty said we have a meeting on Thursday to continue the vetting process for the next Capital Improvement project and and that's Thursday's meeting will be focused on high school needs and programmatic needs that's all we have on that for now okay um Finance met on December 8th next meeting is January 25th were there any updates
013from Finance just in case um no other than to point out that later in our agenda we will be having a discussion of the solar farm pilot agreement thank you Mark y okay policy is meeting tomorrow um any thing you want to say in advance that meeting Elena okay nothing right now Marissa thank you all right Education Foundation Sherry didn't they just me yeah had a meeting last uh Wednesday if I remember correctly and uh really did they just to the public to the teachers want to emphasize that they they do have grants available with um you know they they've loosened up their application and their um and their uh their their requirements like date deadline requirements just anybody who needs help they're out there to help um and they dis discussed a bit about
014um fundraising this year which is of course scaled back quite a bit um they did their their po just this past weekend and um we have a donation from secn why they're doing a a partnership um and just the the uh dining week will come up in a modified format this year as well um but they're doing they're out there to help the teachers if needed okay thank you very much um did our did you or Rebecca have anything for legislative L on reports at this time I think we're there I mean I don't think this is new to anyone but there was a legislative um preview webinar last week which I planned to attend but I I couldn't make it and all these recordings including all the Dei um Equity recordings are are or
015webinars I should are taped so that is something that I do plan to to watch when I can catch up and have some time and we'll report out at the next meeting if I have something substantive to share or Sher as well we'll talk about it I was gonna say you and I could touch base about you know we can divide and conquer yep okay thank you very much and last but certainly not least um our student board representative Lucy uh yeah so I had a few comments this week on Wednesday workloads again um obviously like 30 minutes per class doesn't seem like a lot but I feel like in the end 30 minutes adds up plus procrastinating probably to about a school days of work and then I also um what a few people
016have commented to me about the screen time on the off dayss or even on Wednesdays to begin with overall um I found an article on in times that was talking about um how people that have above the recommended screen time um they're twice as likely to um be diagnosed with like depression and anxiety so I feel like it's kind of unavoidable that we have high screen times but maybe like somebody mentioned to me like a mental Wellness break or a little bit more like outdoor time during the school day to make it a little bit easier on ourselves and right now that's all I have and then actually I have one more thing that was kind of funny when people mentioned to me I was talking in study hall people were um telling me the
017parking lot issues in the afternoon how the buses are always there and you know it's hard to get to man leest because you have to go all the way around to fat phille but that's basically it thank you very much Lucy and I know Dr Ty is working to get to make sure there are answers to your questions that you pose in your reports okay next on the agenda then item 3.01 resolution real property law section 487 resent oop sorry I just want to interrupt for one second we do have legal council coming to assist us with this action and discussion for the next three agenda items however she hasn't joined the meeting yet okay um if we can skip to 3.04 District logo use Lindsay plant Hol from Ferrara fenza is in the waiting
018room if we could skip ahead to that one and then Circle back around to the 487 and the pilot okay no worries thank you one um so is there a motion then to amend the agenda at this time to move item 3.04 to item 3.01 and then item 3.01 will be 3.04 and so forth I don't want to go through the whole thing so I'll mess it up oops I have a motion oh thank you Rebecca and a second from Daryl any discussion all those in favor please State I I anyone opposed or abstaining all right so we're on 3.04 District logo use and we have Lindsay here to um explain this issue to the board hi Lindsay thank you for coming welcome I'm just going to try to get the presentation started and then
019I can I think share my [Music] screen okay is everybody able to see that PowerPoint no no not yet okay how about now yes okay yes right I was asked to come and talk tonight about uh trademark protection for the district's intellectual property including um their logos um so just a little bit of background um about what exactly is a trademark so um we're going to be dealing with New York state law in this case so under New York state law um a trademark is any word name symbol or device or any combination of those uh that's used by a person to identify and distinguish their own goods from um Goods that are manufactured or sold by another person um so in this case you can see a couple examples up on the slide um
020it could be simply the name feville Manley School District it could be the actual design of that logo and then it can also include things like the mascot um you know the oak tree um different things that are used to distinguish the district um from other entities um there's also um a service Mark that can be registered by the district and there's a category for education so this is similar to a trademark it's um a word or symbol that is meant to identify and distinguish the services of a single entity so um you know for the school district those would be the educational services provided by the schools um so the protections that are offered for trademarks in New York state um there's two types of legal protection there's what's called common law protection and
021that applies whether a trademark has been officially registered with New York state or whether it's unregistered but it's a Mark that is used by the district and then there's also specific protections that are under the general business law in New York state um and those apply specifically to registered trademarks where an application has been filed officially with New York State um some of the advantages of actually going through the trademark registration process is that there are specific remedies um if you believe that your trademark has been infringed that can include injunction meaning you're stopping the infringing party from continuing with what they're doing um it can also include destruction of any product so if somebody created t-shirts that had your logo and you didn't authorize them a judge could order that they be destroyed um
022there's also damages available um for any um you know damages to this District's reputation um they can also require that if the infringing party um had any profits from the sale of a product that they be given to the district and then um specifically in certain cases um if they were intentionally uh infringing upon the mark and you can prove that then um you may be able to be awarded attorney's fees and up to three times the damages and profits so um there's some registr some advantages to actually going through the registration process because you have um these additional remedies um I think from a a practical standpoint um it also gives you a little bit more Authority in sending a cease and desist letter so if you don't want to go straight to litigation
023but you believe someone's infringing upon your Mark um you send them a cease and desist letter and in that letter you can say um you know the faille manliest Hornet uh that you used on your product is actually a trademark registered by the district and I think that just lends more of an air of authority um gives you a little more teeth in protecting your trademarks um and then I think also there's better protection in the long run so there's less of a chance that the Mark is going to be considered to have been abandoned by the school district if you actually have um a registration um with New York state so the process uh to actually go about registering a trademark this is governed by the New York state general business law and it's
024um administered by by the Department of State so the process is that you fill out a registration form and you include information about your mark So this includes a written description of the Mark um it also includes the date when the Mark was first used um to establish that um you you were the person that developed this Mark and first used it and that you are the true owner um then a description of the goods that you intend to to produce um using that Mark the manner in which you place the mark on the goods so say printed or stamped or embroidered depending on the type of product you're manufacturing um and then the class numbers that you wish to protect and you need to have three examples for each class number and I'll talk
025a little bit more about what that means um but the registration form itself is not particularly onerous um you just need to be able to show that The Mark is actually in use for any product that you're trying trying to um protect so the text is a little small here but um essentially there are a bunch of different classifications of goods um these are listed in um the New York state regulations and it it includes anything you could possibly think that you could put your logo on um so some of the categories are up there um you'll see things like paper and paper articles and so some examples might include um like a bumper sticker um stationary things like that um it can include all kinds of apparel sports equipment um you know coffee mugs
026really anything you can think of that you would want to put the dixer logo on um you can protect um so the trick when you register is that you do have to register in each category that you intend to produce the product so if you do want to protect the district's ability to sell t-shirts um for fundraising then you would need to do the apparel category um if you also thought you would want to sell coffee mugs that's a different category and you still have to register under that category as well um so there's a $50 fee for each category you register um but the uh registration is actually good for 10 years um so that you know that's that's a long time that you have um you know exclusive use of that Mark and
027it can be renewed for successive terms um and the renewal fee is the same as the original registration fee it's $50 for each category so if you were doing um apparel and Sporting Goods that's $100 and when you do register you have to provide examples of the category so um you would have to show here's a t-shirt that I printed with the Hornet on it and here's a sweatshirt and here's a baseball cap and you put that together with your application and send it to the Department of State so once you do have certain trademarks registered um well actually let's say before you go through that trademark registration process I think it's important to have a district policy in place that addresses the district's brand identity um and you could also have a regulation that
028goes into a little more detail but the the policy and the regulation can address um ownership over the marks so the district can indicate you know these are the specific marks that we've actually registered but um you can kind of include this all-encompassing language that includes any Mark that the district is using um and then the regulation can address the types of use that would be approved or not approved so for example you you might say we're going to turn down any application if someone wants to use our Mark for something related to promoting drugs or alcohol or a political cause or anything that's just not really in in the school districts um you know General message um those would be instances where you would not approve use of the Mark um but then you
029can talk about um instances when you would allow use of the mark so for example for student groups um boosters the HSA um cases when they're not turning a profit necessarily they're maybe just doing fundraising um and in those cases you um you generally wouldn't you know require them to do a specific licensing agreement or charge any royalties but you could require them to um submit a request to use the mark and um they would not be permitted to you know go around using the Hornet on different apparel without having gotten permission from the district and that just helps you control um the use of the mark and make sure that it's not out there being used in a way that's not appropriate um this policy or regulation if you choose could also address for-profit
030purposes of using the mark so um this would be an example where you it would be someone maybe outside of the school um a local business that wanted to produce Goods um to be sold to students and parents um and that's a case where you would use a licensing agreement um and you would likely want to require at least sort of a nominal payment of royalties if they're using the district's Mark to um make a profit on selling products um you could also develop just a request form to make the process easy um that's something we've done for other school districts um and I think it really helps have a set process down so that everybody knows here's what you need to do if you'd like to use the district's logo um here's the process
031and here's sort of the rubric for what we will and will not allow so to talk a little about licensing agreements um these are important because it protects the district from losing their claim to trademarks um if you just allow anyone who wants to use your mark there's the risk that um it's sort of considered to be an indiscriminate licensing and um you would lose your legal right um and ownership to that Mark um part of the licensing agreement includes quality control so if you're allowing um a local business to produce Goods you can put Provisions in the licensing agreement to make sure that um these aren't going to ref reflect badly on the district that they are in acccurate representation of the logo um and you know any any kind of other things that
032protect um you know sort of that that trademark and District's own reputation and then of course licensing agreement can include a royalty fee um for someone using the mark commercially then I mentioned before cease and assist letters this is another way to sort of police the use of the Mark um make sure that it's being used appropriately um and if the district does feel its Mark has been infringed um it's important to um go after those people and say look you know we're not allowing you to use this Mark in this inappropriate way or you did not ask our permission to use this mark for a commercial use um because if you allow people to continually infringe on a Mark um that can again weaken the strength of the mark and result in you losing
033your legal ownership of that Mark so I'm happy to take any questions that anyone has thank you very much for that report um and information Lindsay are there questions from the board oops I have one Lindsay it's mark thank you for that presentation uh do you offer guidance as to how a school district would go about developing a policy on the logo like a framework so we're not too broad we're not too detailed yes so um I have some examples of policy language that you could use um that sort of provide an outline for you know what appropriate use would be um so like I was kind of saying before you may put in that regulation um types of products that normally would not be approved so um you know products that are otherwise adverse
034to the mission of the district um and that regulation could also address you know what the approval process is whether it's you know you have to fill out this form or you have to make a just generally a written submission um but yeah I think it's important to think about you know you don't want to go too broad you don't want to go too narrow and I think you also kind of want to leave um the discretion up to the board um so that you're not really stuck um so if you say you know oh sure we'll allow this and somebody somehow finds a way to get around it um having the discretion to say you know we're reserving the right to approve or disapprove anything based on um our analysis of it so but
035to answer your question we can absolutely um help you develop that policy thank you so my question um it from what I'm understanding FM currently does not have our trademark registered at all um if that's something if we choose not to go down that path but then instead or you know along along with that do a a policy and a administrative regulation would those still be enforcable yes so um New York state does still offer legal protections whether a trademark is registered or not and you can develop a policy um regulating the use of your mark whether or not it's registered um it is just I think an extra hurdle if you were to want to prosecute someone for infringement um the legal standards a little bit different if it's not an officially registered trademark
036um so it's a little more of an uphill battle that's one of the advantages of registering it um but you could certainly still regulate its use whether or not it's been officially registered with New York State okay thank you hi Lindsay thank you um are you do you find that there are school districts um who have registered trademarks who have actually gone after like has it been worth the you know I imagine you know the the financial um uh cost of going after someone who might have infringed yeah so we've had a couple instances um what typically happens is they are companies out there who um they're a national company and they go into school districts and they essentially take their logo or their name and they're creating apparel and it's sold in local stores
037so it might be in a Target it might be in like a local CVS you've probably seen this actually I think um at at the Target in fville but um what happens is those companies will say look you know as as Goodwill we're going to give the district 1% of the profits that we make on sale of those apparal and and really they're just making money on on your name um so we have I have written cease and assist letters um saying you know this is a trademark that is we have legally protected in New York state and it's registered and um you know you're you're not allowed to do this it's so it is it is something that we've done I think one potential caveat of that is sometimes it can be a little
038bit like whacka where you may have registered The Hornet but you may not have registered um you know fville manliest Athletics as a phrase so they might make a different shirt and say oh you know we're not infringing um but like I said there are protections even if it's not registered um but something to think about but I but I do think there are a lot of advantages to the registration process Lindy I'm just curious why you're focusing just on New York State and not USPTO um I I'm not as familiar with the USPTO process um but I think that it's unlikely that there are going to be people outside of the state who are um selling products using um FM's logo um I mean I understand there's probably alumni across the country but I
039think the likelihood of the infringement is going to be someone in the community or someone local who's trying to sell this product to community members so um again I don't have a ton of familiarity with the actual process C but I imagine it may be a bit more arduous than New York State's process and so um you know time money that may be another consideration as to whether or not you really need protection on a national level versus just the state but even without that with you with a up us PTO registration you've got protection in New York state whether it's separately registered in New York or not you have that broader protection that's in place it's equally as in enforceable whether locally or Beyond local sure okay Lindsay thank you it's Daryl I'm just
040wondering uh if those board should decide to go forward do we first write a policy or do we first apply for the trademark uh protection sure so I think policy is the first step um and then you could always amend the policy in the future if you do receive the the registration and you could actually put that specifically in the policy saying these are our registered trademarks um but yeah I think policy first is that in mind I would I think perhaps the next step is to have the policy committee take a look at this and um see if there is and look at the um you had some sample policies Lindsay you said yeah I could I could send you some sample policies over well if the board's in agreement why don't we have
041Lindsay send those over and have the policy committee take a look and um see about potential of having a policy related to this matter and then the second step would be deciding if we wanted to do any trademarks is everyone okay with that anyone have a different process sounds good okay so we we will add that to the policy committee agenda and thank you very much Lindsay very informative we appreciate it you're welcome so we may not be able to add that to the tomorrow's meeting oh no not tomorrow so just as long as everyone's clear because we already have an agenda set and you know my time is already committed prior to and after that meeting okay nope um we'll just put it in the in the um Tickler thank you all right thank
042you again Lindsay unless there's any final questions for Lindsay before she goes okay thank you uh Sarah do we have um we prepared for three point well 3.02 I think it is now the resolution yes we are I'll admit Katherine now one moment please okay thank you all right so I'm going back to the real property law section 487 resolution resend so I'm going to get a motion in a second on the resolution and then we will um have discussion so is there a motion that it be resolved that the fav manl Central School Districts opt out of the tax exemption made available by the real property tax law section 487 for solar wind and farm waste energy systems is hereby rescinded and such exemption shall be made shall be applicable within the boundaries of
043the favorable manly essential School school district is there a motion thank you Mark second from Daryl discussion I think just ahead of waiting for Katherine on this the third whereas clause in there has an erroneous date so the last time that we adopted this resolution was November 16 oh thank you because we had we had initially submitted this to the district with the expectation we were going to do both at the same time so we just need to amend that yeah November 16 we did a recision and read-option so that's the last adoption dat yep y yeah I'm not seeing any additional um hands for any discussion so is there a motion to approve this resolution with the amendment of um changing it to whereas on November 16th 2020 the Board of Education adopted a
044resolution Ting out of the tax exemption under real property tax law section 487 I'm sorry I'm slipping screens I missed that said okay Sherry and second from Kelly thank you any further discussion all those in favor please raise your hand indicate I I am opposed or abstaining okay next is the resolution for the commercial pilot agreement is there a motion that the Board of Education authorizes the superintendent of schools to execute the pilot agreements and other documents pursuing to the terms set forth below and in the form I'm Sor mean the form approved by legal council is there a motion thank you Sherry and a second from Mark discussion Marissa can uh someone please expand on the second bullet here educational contribu agreement providing a donation towards the promotion of educ the field of science
045tech for each project what in plain English can someone please explain what that means yes so what that means is that the company has agreed that at the close of construction which would be year one of the pilot what would be the pilot they're going to provide a substantial donation to the school district that the school district can basically used for anything within that area which is pretty broad um to help promote education so there it really the benefit is that you're going to have about $163,000 per project come to the school district if the board accepts the donation that the board can then use to further the education of your students okay then why wouldn't we just write the resolution to say you're going to give us $163,000 as opposed to the wording that's
046in there so what we are we're finalizing the educational contribution agreement right now um and then we were going to once we get that document finalized we were going to present that to the board with the resolution to accept the donation it won't be until next year anyway so we still have a little bit of time also we want to keep it separate from the pilot because it's not part of the pilot it is a separate transaction so we didn't want it to appear as if it was part of the pilot okay so I'm going to defer to our lawyers that are on our staff so Dan help help me understand I guess I I understand what she's saying but can they turn around in a year from now and not give us the donation
047if we don't put it in this resolution well just by the term of this resolution by itself they can give us a dollar and satisfy it so we're not going to sign the pilot in until we have this together too so we're going to have authorization to sign the pilot but we'll have them they'll come together they're not it's not going to be one and not the other so you'll have we'll potentially have a check in hand before signing we won't have a check in hand but we will have the educational contribution agreement in hand so Katherine can you expand a little bit on so you threw out a dollar number there what what how did we get there so this was after a lot of negotiation between the school district and um the company
048to come up with a number in which we did do some reduction in the pilot this district has an option they had an option of either taking a standard pilot where they would get $5,500 a year for 15 years but that would come in underneath the district's Levy so it would be no realized Revenue to the district or or the district could negotiate to get an upfront payment that would be reduced somewhat but in turn it would be actual Revenue additional Revenue that would be separate from the levy calculation so it would be money that the district could use right now or will next year for the district's needs and it was based on we um what we ultimately did is we took the the payments we did Cover about some for a pilot because
049we felt that it was necessary to have at least some for the pilot agreement and then we applied a dis we took the entire payment applied to discount rate and um that's where we ended up with 163,000 approximately per project Katherine if I understand from discussions with Bill previously they wanted to give us much less and we've actually negotiated much more yes that sorry go ahead yeah I've I've also you know note that I've run through the PV calculations and they do bear out based upon you know what's noted on the sheet that was presented to us so um you know that what we would call the hybrid model and our discussions during the finance committee meeting uh seem to make sense for the district uh because we also would not be taking a hit
050on our uh property tax levy um by backing out a traditional pilot every year yes am I still correct that this is on the improvements on that property only I don't know what the taxes are on that property currently but those taxes remain this is only with respect to the improvements is that correct still exactly so the property the taxes on the property right now will not change this only relates to the improvements you still still going to get $1,000 a year per property under the pilot and then in addition to that the district would receive a sizable educational contribution that it could a donation that it could use so there wouldn't be any less Revenue coming into the district and you're saying that's 163,000 per project there's two projects so we're doubling that amount
051yes and payable at what time frame so it's to be payable at the close of construction we're waiting to get exact dates on when that will be uh Co has you know delayed things somewhat which I think we've seen across the board originally the the company had hoped to start construction before the winter time now they're looking to start it in the spring but the agreement would be that upon close of construction that they would make the payment so would be year one of the pilot I'm sorry and when you're saying close of construction you're talking about commencement of construction when the construction is completed so once they close out and they start generating electricity from the project is when they would agree to make the when they've agreed to make the payment Bill I'm
052curious on any input that you have on this yeah I I you know I fully support this um as Katherine mentioned and and Mark also mentioned it you know this has been an ongoing negotiation between the district and this company to um get the best benefit for the district um and its taxpayers so you know um we felt that coming in with a hybrid model where there would be a partial pilot agreement and also this educational contribution uh model would be best for our our situation uh we felt that you know the additional $326,000 uh generated would be something that we will probably need this this next year as well well and Bill just to follow up on that I I support it I'm just again I'm just confused by the wording I I know
053we went over these documents in finance committee and I'm fine with all that it was just I expected to see those numbers in the resolution and I'm not seeing it I'm seeing different language and so that's what why I'm um pausing and raising the issue but as long as the rest of the board is comfortable with it I'm I'm comfortable with the dollars that were talking about that's fine I'm just not sure why we wouldn't put them in there or or or not to be less than number in there you were trying to keep the educational contribution agreement separate from the pilot and that's a one of the main reasons why we are having them under two different Board of resolutions that and like I said we're still trying to finalize the language in the
054educational contribution agreement um but we didn't want it to look like they were part and parcel so in having them in two separate resolutions that helps to support that position but but we only have them in one resolution here we're gonna have I'm sorry go ahead Dan but there's only one there's only one resolution before us tonight and they're both in that one resolution so the board of education has to accept a donation so when we get to have the finalized educational contribution in place then we plan to presented a resolution to the board with the educational contribution in which they would would agree to accept the donation so are we authorizing Dr Ty to execute or the district to Au to execute the pilot agreement as well as the educational contribution agreement tonight even
055if he you're not but we just said you know for such other documents as may be necessary but even if he did you would still as a board have to accept it so there's still going to have to be a separate action by the board but I wanted we wanted to present that to you when we had the entire agreement in place so that way we could present the whole agreement to you and part of this is this is a relatively New Concept I had talked to Bill about this this is something that we just started exploring with school districts about four months ago as a way to get an additional benefit to districts I I know that I presented with you in my Mike shusta before you and Mike shusta maybe a year or
056two ago about some of the harmful effects of pilots and this was a way and seeing all of this money that's coming in through solar projects lately I know that a lot of districts have had a push with solar projects and seeing this come in this is a way for the school districts to try to realize a benefit of all of the solar money that's coming in instead of just running it through your Levy and having those impact that we see with the pilots thanks so much Katherine and thank you Bill Good negotiating do do we have any just just so we can understand the broader picture understanding of of what the forecasted taxes would have been off of this project over those 15 years um without a pilot with the Improvement without a pilot
057Bill do you want me to go ahead with that one yes please okay I saw you take off your your mute so I want to make sure um so no because where we are right now is it's very difficult to determine what the assessed value of the Solar projects are I know that your assessor for the town of manle is has put some um nominal assessments on residential homes but right now there's a big question across New York State about how to assess solar projects especially commercial solar projects and because they are so new we do have litigation in the town of Bloomfield East Bloomfield regarding solar projects and but that's about the only one that I've seen out there so we don't really know how much it would be worth and it's likely that
058if it was to go on the real property tax rules that you would have litigation but the other piece of more important piece to this what we're finding is that if these properties have to go onto the real property tax rules financially they can't move forward because the margins are so thin with solar projects and they're so heavily relyant on the subsidies that they get from the state and the incentives that they get from the state that they can't move forward if they have to pay full real property tax that was probably the only thing I would add is that you know if it was a situation where we couldn't come to an agreement they would uh probably look for a different location yeah and we've seen that happen with other school districts where they've
059pulled out if we can't do a pilot all right well just assuming it's going to go forward there's just one typo where it says follow agreements not following agreements okay we had a motion in a second we'll make that minor correction grammatical correction I don't think I need another res um first and second um we've had some thorough discussion thank you very much Katherine for all of your help with that um is all those in favor please raise your hand indicate I I anyone opposed or abstaining next on the agenda is Real Property law section 487 opt out is there a motion that it be resolved that no tax exemption made available by section 487 of the real property tax law shall be applicable within the jurisdiction of the faval mainly essential School District with
060respect to any solar or wind energy system or Farm waste Energy System constructed subsequent to the effective date of this resolution no tax exemption made available by section 487 of the real property tax law shall be applicable within the jurisdiction of the Fable manly cenal School District with respect to any micro hydroelectric electrical energy system fuel cell electric generating system micro combined heat and power generating equipment system or electric energy storage equipment or electric energy storage system constructed subsequent to the effective date of the resolution the superintendent of schools is authorized to take any other necessary and proper action to implement this resolution is there a motion thank you Mark and second from Sherry discussion Catherine just a real quick question so we just approved entering into a pilot agreement but the pilot agreement's not
061been entered into so it's not because it's not before us yet so how does that interplay with if we now do this opt out but the pilot agreements not in place so you're going to seek to sign a pilot agreement at a time when there's an opt out in place the pilot agreement is effective for today's date and we've actually forwarded it to the company for final agreement on the language with today's date being the effective date December 14th with the expectation that the district would approve it for today so once we receive it from the company based on this opt out or based on the action of the board tonight the superintendent will be able to sign it with today's effective date okay thanks are there any additional questions or comments from the board
062all those in favor please raise your hand indicate I I anyone opposed or abstaining thank you and thank you very much again Katherine yep thank you okay so now we are on on item 3.05 approval well not 3.05 anyway but you get approval of minutes from November 16th 2020 regular meeting the board is there a motion to approve the minutes thank you Daryl second [Music] from Kelly any discussion of the minutes all those in favor please raise your hand indicate I I anyone opposed or abstaining okay next on the agenda is approval of a special board meeting held on December 3rd 2020 is there a motion to approve the December 3rd minutes thank you Daryl and a second please thank you Dan any discussion all those in favor please raise your hand indicate I I
063anyone opposed or abstaining okay abstain abstention from Sherry thank you all right oops next the King and King King and King Architects contract is is there a motion that it be resolved the Board of Education of the faval Manley Central School District approve the contract with Kean King architect for the faville manly excuse me for the fville elementary wall project in the amount of 12,00 Dan first from Dan and a second from Sherry any discussion all those in favor please raise your hand indicate I I anyone opposed or abstaining all right next on the agenda oops the NY LF administrator change is there a motion to the board of education of the fa manly Central School District that by executed counterpart approve as of the 14th day of December 2020 the following actions and resolutions
064regarding the amended definition of the nyf in investment consultant and marketing agreement to be PMA Asset Management LLC and PMA Securities LLC respectively there a motion thank you Kelly a second from Mark any discussion all those in favor please raise your hand indicate I I anyone opposed or abstaining all right next on the agenda under board oops under board development the CNY School Board lays on talking points from November 17th are listed um we did want to note in regards to our board goals that the board has set a meeting date for our diversity equity and inclusion subcommittee that meeting will take place on January 4th at 3M and our board retreat is scheduled for February 22nd 2021 um hopefully everyone has finished how to be anti-racist um and I also sent an article along
065to everyone uh moving behind moving beyond the statement implementing anti-racist de systematic change um if anyone needs that link again please let me know I'll be happy to send that out to everyone or anyone who needs it um any further thoughts or questions or anything about our board goals right so we have a group of us on January 4th and then we'll have a report out at that following board meeting I just want to jump in that I I although I wasn't at the last meeting it is that uh I am interested in so I will plan to attend on that January 3rd meeting fourth fourth January 4th thank you Sheri all right working agenda items I see nothing anyone have anything under working agenda items nope right potential considerations for future meetings all right
066future meeting agendas so there you see our meeting date for the subcommittee hall and distinction induction ceremony and our budget Workshop in January and the dates afterwards all right Marissa just a point of clarification so on January 4th that's not a full board meeting that's a subcommittee meeting correct yes that is the subcommittee and I believe I remember everyone who's on the subcommittee myself Kelly uh um Elena Rebecca Sherry and Daryl correct okay yeah that's fine I I just wanted to confirm that wasn't a full board meeting because all the other dates that you have listed here I believe are intended to be full board meeting so that's that was a clarification I was looking for thank you no problem all right um future me agenda dates to remember um next the consent agenda is
067there a motion to approve the consent agenda as presented thank you Rebecca and a second from Daryl all those in favor please raise your hand indicate I I anyone opposed or abstaining okay oops all right so we do have executive session this evening um for the purpose of discussion of a student matter and employment history of a particular individual um and just for the public um we will be an executive session we're going to come out into public session briefly to approve Personnel or to vote I should to vote on the Personnel um actions on the agenda that will be very quick um I don't believe that would be live streamed but it would be it will be recorded for the public so if you are watching the meeting and wondering if you should leave
068at this point we are going to be an executive session not sure how long perhaps an hour or longer then we'll come out for a minute or so to approve personnel and then we will adjourn right afterwards so just making sure that the public is aware of that so is there a motion for the board to adjourn to Executive session for the purpose of discussing a student matter and the employment history of a particular individual thank you Sherry a second for Mark any discussion all those in favor please raise your hand indicate I I anyone opposed or abstain all right so we'll take a minute here to rec to collect ourselves get the live stream shut off and which which attorney are we waiting for which attorney is it I know one of them will
069be joining us lindsy I