96.

BOARD OF EDUCATION

LAWRENCE PUBLIC SCHOOLS

LAWRENCE, NY

 

SPECIAL MEETING                                                                                                  Monday June 11, 2007

 

A special meeting of the Board of Education of the Lawrence Union Free School District of the Town of Hempstead, County of Nassau, New York was held at the Lawrence Middle School, Lawrence, New York, in said School District, on June 11, 2007.  The meeting was called to order at 7:35 P.M. by Dr. Asher Mansdorf, President. 

 

Upon motion by Pamela Greenbaum and seconded by Stanley Kopilow, the meeting immediately entered public session.

 

The following members were present:

Asher Mansdorf, D.D.S., President

David Sussman, M.D., Vice President

Murray Forman, Trustee

Michael Hatten, Trustee

Uri Kaufman, Trustee (Came at 7:44 p.m.)

Pamela Greenbaum, Trustee

Stanley Kopilow, Trustee

 

Also present were:

Vicki Karant, Ed.D.

Albert D’Agostino, School Attorney

Ms. Alice Laino, District Clerk

 

Asher Mansdorf Led the pledge of allegiance.

 

Upon motion by Stanley Kopilow and seconded by Pamela Greenbaum, the following resolution was presented.

 

Resolved, the Board of Education accepts the final election totals of the May 15, 2007 election as presented on enclosure I. The vote carried unanimously (6-Yes, 0-No.)

Final Tally of May 15, 2007 Election

 

Upon motion by Stanley Kopilow and seconded by Pamela Greenbaum, the following resolution was presented and accepted unanimously (6-Yes, 0-No.)

 

Resolved, the Board of Education, after careful consideration of many factors, hereby changes the date of the reorganization meeting to Tuesday of July 10, 2007 remaining within the required timeframe established by law §1707(2).

 

Reorganization Meeting Date Changed to

July 10, 2007

 

Upon motion by Pamela Greenbaum and seconded by Stanley Kopilow, the following resolution was presented and approved unanimously (6-Yes, 0-No).

 

Resolved, the Board of Education approves the extension of the Independent Coach transportation contracts for one year with an increase of the full CPI rate established by the SED per enclosure III.

 

One Year Extension of Transportation Contracts

 

97.

Whereas, the District is in contract with New Central Avenue, LLC with respect to the sale of the Number 1 School; and

 

Whereas, a disagreement has occurred with respect to the interpretation of the contractual provisions relating to the computation of the additional consideration due to the District as a result of the various variances granted to the purchaser by the Zoning Board of appeals of the Incorporated Village of Lawrence; and

 

Whereas, the purchaser has commenced an action for the declaratory judgment before the Supreme Court of the State of New York, County of Nassau, under Index Number 8300/07, seeking an interpretation of the subject contractual provision; and

 

Whereas, the District has interposed an Answer asserting its interpretation of the subject contractual provision; and

 

Whereas, a conference has been held before the court; and

 

Whereas, the parties have been engaged in discussions through their counsel in an effort to resolve their differences in order to proceed to an expeditious closing.

 

Now, Therefore, on motion of David Sussman and seconded by Michael Hatten, it is resolved that the Board of Education hereby authorizes the board president to make, execute and deliver a stipulation of settlement with respect to the pending litigation, subject to and conditioned upon the following:

 

(a)    The purchaser shall first execute a stipulation of settlement in form, content and manner of execution consistent with the provisions of this resolution; and

 

(b)   The purchaser shall pay the base price of $27,500,000.00 plus an additional $2,500,000.00 as additional consideration in relation to the variances granted by the Board of Zoning Appeals of the Incorporated Village of Lawrence; and

 

(c)    The purchaser shall also pay the full New York Sate Transfer Tax in the approximate amount of $120,000.00(or such other amount as shall be required in connection therewith) in lieu of the contractual provision which had heretofore placed that obligation upon the district; and

 

(d)   The purchaser shall waive the requirement that the Number 1 School be delivered vacant and broom swept at closing; and the purchaser shall accept the Number 1 School with whatever personal, fixtures or debris shall be left and abandoned therein by the district “as is” without any representation as to the condition of the building or the systems therein as of the date of closing or thereafter with no financial adjustment or compensation to be paid by the district to the purchaser therefor; and

 

(e)    The stipulation of Settlement shall be “So Ordered” by the assigned Justice of the Supreme Court.

 

                       VOTE:  Yes -5,  No - 0-, 1- Abstain (P. Greenbaum)

Resolution: Pertaining to the Sale of #1 School

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

98.

 

Uri Kaufman arrived at meeting at 7:44 p.m. (all votes were completed prior to his arrival.)

 

At 7:45 p.m. Pamela Greenbaum presented the motion to move into executive session for the Audit Committee to meet with the External Auditor for a planning meeting of the June 2007 Audit. The motion was seconded by Stanley Kopilow and unanimously accepted.

Executive Session

 

Asher Mansdorf, Vicki Karant and Alice Laino left the meeting at 7:45 p.m.

 

                                                                                                            Respectfully Submitted,

                                                                       

                                                                                                            Alice Laino, District Clerk

 

Pamela Greenbaum was appointed Clerk Pro-Tem for the purpose of moving out of executive session and adjourning the meeting.

 

Peter Rodriguez, external auditor, joined the Board and Albert D’Agostino, Board Counsel.  Albert D’Agostino left the meeting at 9:15 p.m.  Uri Kaufman left the meeting at 9:30 p.m. 

Audit Committee

 

At 9:45 p.m. Pamela motioned to leave executive session for the purpose of immediately adjourning the meeting. The motion was seconded by Stanley Kopilow, and unanimously carried (Yes-5, No-0)

Adjourn

 

                                                                                                            Respectfully submitted,

 

                                                                                                            Pamela Greenbaum, Clerk Pro-Tem