HPS Hamtramck Public Schools Minutes of Regular Meeting Board of Education Wednesday, May 11, 2011

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1 MINUTES OF THE REGULAR MEETING HELD ON WEDNESDAY, MAY 11, 2011 The Regular Meeting of the Board of Education of the School District of the City of Hamtramck, Wayne County, Michigan, was held on Wednesday, May 11, 2011 at 6:00 p.m. in the Administration Building, 3201 Roosevelt, Hamtramck, MI The meeting was called to order by President Zwolak at 6:06 p.m. Present: Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 206

2 Motion by Member Walters Seconded by Member Zwolak ACCEPTANCE OF AGENDA RESOLVED, that the Board of Education accepts and approves the Agenda, with any additions and deletions. Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 207

3 CORRESPONDENCE Letter from Bohdan Karpinsky dated April 25, 2011(read by Member Shulgon) Letter from AFSCME Council 25 dated April 29, 2011(read by Member Shulgon) Letter from Nancy Erickson dated May 2, 2011(read by Member Shulgon) Added: Letter from Lawrence Geromin (read by Member Shulgon) BOARD MEMBER DISCUSSION 208

4 Motion by Member Walters Seconded by Member Puchalski CONSENT AGENDA RESOLVED, upon the recommendation of the Superintendent of Schools, that the Board of Education approves the following items under the Consent Agenda: a. Approval of Minutes from: 1. April 13, 2011 Regular Meeting 2. April 27, 2011 Special Meeting 3. April 29, 2011 Special Meeting b. Acceptance of Retirement Retirement of Bohdan Karpinsky, Physical Education Teacher at Kosciuszko Middle School, effective June 30, c. Tenure Tenure granted to Janice Vujic, teacher at Dickinson West Elementary School, effective with the school year. d. Probationary Status Continued probationary status be granted to the following teachers from Kosciuszko Middle School, effective school year: 1. Paul Clarey, 3 rd year Probation 2. Theresa Comor, 3 rd Year Probation 3. Mykeia Eason, 2 nd Year Probation 4. Sarah Giebel, 3 rd Year Probation 5. Jennifer Lilienthal, 2 nd Year Probation 6. Jennifer Smith, 3 rd Year Probation 7. Catherine Zaporski, 3 rd Year Probation e. Probationary Status Continued probationary status be granted to the following teachers from Dickinson East Elementary, effective school year: 1. David Fraser, 3 rd Year Probation 2. Carrie Stein, 3 rd Year Probation 3. Kaid Omar, 3 rd Year Probation 4. Ann Denison, 4 th Year Probation 5. Katherine Miller, 2 nd Year Probation f. Probationary Status Continued probationary status be granted to the following teachers from Dickinson West Elementary, effective school year: 1. Takeshia Ellis, 2 nd Year Probation 2. Fatima Thompson, 4 th Year Probation g. Approval of FMLA 12 week FMLA Leave of Absence for Glenn Pasternak, Director of Finance, effective January 20, h. Acceptance of Resignation Resignation of Lawrence Geromin, Athletic Director for Hamtramck Public Schools, effective June 30,

5 Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 210

6 A. Superintendent of Schools INFORMATION/ACTION ITEMS Science Fair Winners The winners of the District Science Fair were present and addressed the Board. They each gave a brief description of their project and shared their awards they received. HHS (Diversity Dialogue Presentation) - Students from the HHS Student Action Team had a power point presentation regarding the Diversity Dialogue project. They are attempting to help bridge the gap between ethnic groups of students. DW Elementary Mr. Pitts introduced one of his students who is a finalist in the National American Miss pageant. Holbrook Kensington Trip Mr. Robinson advised the Board that the entire school would be participating in a trip to Kensington Metro Park. The cost of the entire trip will be paid for by Bridgepoint. Act 18 Update Mr. Niczay and Ms. Litterio briefly addressed the Act 18 Center Program resolution that is contained in the agenda. LINC Update Mr. Niczay advised the Board that LINC is ready to begin the energy savings project as soon as school is out. DECA the DECA team was unable to attend the conference in Florida due to insufficient funds being raised to cover the cost of the trip. 211

7 General Fund Board Report May 11, 2011 ACTION ITEMS Attached hereto is a listing of invoices and checks now due for supplies, materials, equipment or services delivered or rendered to the School District. These invoices and checks represent purchases made or services ordered upon approved resolutions of the Board of Education for the current fiscal year. Where required or when possible, competitive prices have been obtained prior to placing orders, and where quality specifications permitted, purchases were made or services obtained at the lowest price quoted. Invoices examined and recommended for approval by the Board of Education. Thomas Niczay Superintendent of Schools APPROVAL OF INVOICES AND CHECK REGISTER Motion by Member Walters Seconded by Member Myrick RESOLVED, that the Check Register for the period April 14, 2011 through May 11, 2011 as enclosed, be approved. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 212

8 APPROVAL OF EMPLOYMENT Motion by Member Walters Seconded by Member Puchalski RESOLVED, that upon the recommendation of the Superintendent of Schools, the Board of Education does hereby approve the employment of Sherry Lynem as Interim Finance Director, for a period of six months, at a salary of $45,000, effective June 20, Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters APPROVAL OF EMPLOYMENT Motion by Member Myrick Seconded by Member Shulgon RESOLVED, that the Board of Education authorizes the Superintendent to execute an agreement with Professional Educational Services Group, LLC (PESG) for the continued employment of Sharalene Charns as the Federal Programs Manager/Curriculum Director for Hamtramck Public Schools, annual salary of $97, effective July 1, 2011 through June 30, Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 213

9 APPROVAL OF EMPLOYMENT Motion by Member Puchalski Seconded by Member Myrick RESOLVED, that the Board of Education authorizes the Superintendent to execute an agreement with Professional Educational Services Group, LLC (PESG) for the continued employment of Cynthia Dowe as the Adult/Alternative Education Manager for Hamtramck Public Schools, annual salary of $58, effective July 1, 2011 through June 30, Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters APPROVAL OF EMPLOYMENT Motion by Member Myrick Seconded by Member Puchalski RESOLVED, that the Board of Education does hereby approve the employment of Edward Bonner (current employee) as a Security Guard for the Recreation Department, $10.50 per hour, maximum of 35 hours per week, effective May 15, Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 214

10 APPROVAL OF EMPLOYMENT Motion by Member Walters Seconded by Member Myrick RESOLVED, that the Board of Education does hereby approve the following individuals as Site Coordinators for the Recreation Summer Program, maximum of 35 hours per week, effective May 23, Ann Jones (current employee) $12.25 per hour Alice Dembowski (current employee) $12.25 per hour Linda Oglesby (current employee) $12.00 per hour Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters APPROVAL TO SOLICIT BIDS Motion by Member Walters Seconded by Member Myrick RESOLVED, that the Board of Education does hereby authorize the Recreation Department to solicit bids for new play scape apparatus for both Dickinson East Elementary and Kosciuszko Middle School locations. Members Borushko, Myrick, Zwolak, Puchalski and Walters Member Shulgon 215

11 APPROVAL OF RESA OPERATING BUDGET Motion by Member Walters Seconded by Member Shulgon WHEREAS: This Board received the RESA General Fund Operating Budget on or before May 1, 2011; and WHEREAS: In accordance with Section of the Revised School Code, this Board must now adopt a resolution expressing its support or disapproval of the proposed RESA budget, and must submit to the RESA Board any specific objections and/or proposed changes the Board may have to the budget prior to June 1, THEREFORE, BE IT RESOLVED THAT: The RESA General Fund Operating Budget for the school year be supported, and that the Secretary of the Board is hereby directed to submit a copy of this Resolution to the Secretary of the RESA Board of Education, along with any comments. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters APPROVAL OF SUMMER SCHOOL PROGRAM Motion by Member Walters Seconded by Member Shulgon RESOLVED, that the Board of Education does hereby approve a 2011 Summer School Program to be held at Hamtramck High School from June 29, 2011 through July 22, 2011, 8:00 a.m. 12:00 p.m. M-Th. The program will be conducted through E2020 to provide a variety of classes at a cost of $75.00 per student. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 216

12 APPROVAL OF TENTATIVE GRADUATION LIST (ADULT/ALTERNATIVE HIGH SCHOOL) Motion by Member Borushko Seconded by Member Shulgon RESOLVED, upon the recommendation of the Superintendent of Schools, that the Board of Education does hereby approve the tentative 2011 Graduation List for Horizon Alternative High School/Adult Education (attached), with the understanding that it may be necessary to make deletions from the list if any student does not fulfill all graduation requirements. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters APPROVAL OF TENTATIVE GRADUATION LIST (HAMTRAMCK HIGH SCHOOL) Motion by Member Borushko Seconded by Member Shulgon RESOLVED, upon the recommendation of the Superintendent of Schools, that the Board of Education does hereby approve the tentative 2011 Graduation List for Hamtramck High School (attached), with the understanding that it may be necessary to make deletions from the list if any student does not fulfill all graduation requirements. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 217

13 AUTHORIZATION FOR PARTICIPATION IN THE CENTER PROGRAM AGREEMENT Motion by Member Walters Seconded by Member Puchalski WHEREAS, Wayne County Regional Educational Service Agency (WCRESA) is compelled by state law to implement a county wide plan for providing special education services and for the distribution of property tax revenues collected under MCL a; and WHEREAS, WCRESA in consultation with representatives from each local constituent school district has established the Center Program Agreement to govern the participation in center programs for the education of low incidence special education pupils; and WHEREAS, the Hamtramck Public School District desires to make such center programs available to its students NOW, THEREFORE, BE IT RESOLVED that the Board of Education of the Hamtramck Public School District authorizes its Superintendent to sign the Wayne County Center Program Agreement. Members Borushko, Myrick, Zwolak, Shulgon, Puchalski and Walters 218

14 AUTHORIZATION TO ISSUE ENERGY BONDS Motion by Member Walters Seconded by Member Myrick WHEREAS, Act 451, Public Acts of Michigan, 1976, as amended (the School Code ), authorizes the board of a school district to provide for energy conservation improvements to be made to school facilities and to pay for such improvements from operating funds of the school district or from the proceeds of bonds or notes; and WHEREAS, the Board of Education has determined to provide energy conservation improvements to the School District s facilities (collectively, the Improvements ) as set forth in the proposal dated March 28, 2011 from Linc Mechanical, LLC to the School District, a copy of which proposal is on file with the Secretary of the Board of Education, and to issue bonds of the School District in the principal amount of not to exceed $1,800,000 to defray the cost of the Improvements; and WHEREAS, the Board of Education has determined that it is in the best interest of the School District to finance the cost of the Improvements through the issuance of bonds to be sold to the Michigan Finance Authority (the Authority ) as authorized by Act 227, Public Acts of Michigan, 1985, as amended ( Act 227 ), and Executive Order No ; and WHEREAS, as additional security for payment of principal of, premium, if any, and interest on the bonds, the School District desires to pledge to the Authority pursuant to the provisions of Act 94, Public Acts of Michigan, 1979, as amended ( Act 94 ), the payments that the School District is eligible to receive under Act 94. NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the School District of the City of Hamtramck, Wayne County, Michigan, as follows: 1. AUTHORIZATION OF BONDS PURPOSE. Bonds of the School District aggregating the principal sum of not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000) as determined by order of the Superintendent shall be issued and sold for the purpose of defraying the costs of the Improvements, including the cost of issuing the bonds. 2. BOND DETAILS. The bonds shall be designated 2011 School Improvement Bonds ; shall be dated the date of delivery thereof; shall be issued as serial bonds or term bonds, as determined by order of the Superintendent; shall be fully registered; shall be numbered from 1 upwards; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the bondholder; shall be sold at par or a discount determined by order of the Superintendent, provided that 219

15 such discount shall not exceed 2% of the aggregate principal amount of the bonds; shall bear interest at the rates determined by order of the Superintendent, provided that the net interest rate on the bonds shall not exceed 7% per annum; shall be payable as to interest on November 1, 2011, and thereafter semiannually on the first day of May and November in each year, and shall mature in such principal amounts and on such dates determined by order of the Superintendent, provided that the final maturity of the bonds shall be not later than May 1, PAYMENT OF PRINCIPAL AND INTEREST. The principal of, premium, if any, and interest on the bonds shall be payable in lawful money of the United States. Notwithstanding any other provision of this resolution to the contrary, so long as the bonds are owned by the Authority, (a) the bonds are payable as to principal, premium, if any, and interest at the corporate trust office of U.S. Bank National Association, St. Paul, MN or at such other place as shall be designated in writing to the School District by the Authority (the Authority s Depository ) and (b) the School District agrees that it will deposit with the Authority s Depository payments of the principal of, premium, if any, and interest on the bonds in immediately available funds at least five business days prior to the date on which any such payment is due, whether by maturity, redemption or otherwise. If the bonds are not registered in the name of the Authority, the principal of and premium, if any, on the bonds are payable upon the surrender thereof at the office of the bond registrar and paying agent and the interest is payable by check or draft mailed by the bond registrar and paying agent to the registered owner of the bonds at the address appearing on the registration books of the School District kept by the bond registrar and paying agent as of the 15th day of the month preceding the month in which an interest payment is due. 4. OPTIONAL REDEMPTION. The bonds shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of bonds contained in Section 9 hereof, or upon such other terms and conditions as approved by order of the Superintendent. 5. SALE OF THE BONDS TO THE AUTHORITY. The bonds shall be sold at a private negotiated sale to the Authority. It is hereby determined that this method of sale is in the best interests of the School District and is calculated to provide the School District with the lowest cost of borrowing money. The sale shall be made pursuant to the terms and conditions to be set forth in a Purchase Contract (the Purchase Contract ). Notwithstanding any other provision of this resolution, the bonds shall be initially sold to the Authority as one bond, numbered 1, in the aggregate principal amount of not to exceed $1,800,000, as determined by the Superintendent to be the amount necessary to defray the cost of the Improvements, including the cost of issuance of the bonds. The Superintendent is authorized to execute one or more written orders (i) containing the determinations that the Superintendent is authorized to make as provided in this resolution and (ii) making such changes in the provisions of the bonds or this 220

16 resolution to comply with the requirements of the Authority or otherwise to enable the bonds to be sold to the Authority; provided, however, that the net interest rate on the bonds shall not exceed 7% per annum and the final maturity of the bonds shall be not later than May 1, The President, the Vice-President, the Secretary and the Treasurer of the Board of Education and the Superintendent and the Director of Finance of the School District are each severally authorized to execute and deliver the Purchase Contract and a State School Aid Pledge Agreement, in such forms as the official or officials executing the same shall deem appropriate, together with a nonarbitrage certificate, a non-litigation certificate and such other certificates or documents as the Authority and bond counsel shall require or are otherwise necessary to complete the transaction including, but not limited to, any certificates relating to federal or state securities laws, rules or regulations. 6. BOND REGISTRAR AND PAYING AGENT. Until a successor is appointed, the Treasurer of the Board of Education shall act as the bond registrar and paying agent for the bonds. 7. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the School District by the manual or facsimile signatures of the President and the Secretary of the Board of Education and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent. After the bonds have been executed and authenticated for delivery to the Authority as the original purchaser, they shall be delivered by the Treasurer of the Board of Education or the Director of Finance to the purchaser upon receipt of the purchase price or upon compliance with the terms and conditions of the Purchase Contract. Additional bonds bearing the facsimile signatures of the President and Secretary of the Board of Education may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication. 8. EXCHANGE AND TRANSFER OF BONDS. Any bond, at the option of the registered owner thereof and upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. Each bond shall be transferable only upon the books of the School District, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney. 221

17 Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the School District shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: Payment of interest on this bond is in default. The last date to which interest has been paid is,. The School District and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the School District as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the School District nor the bond registrar and paying agent shall be affected by any notice to the contrary. The School District agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner. For every exchange or transfer of bonds, the School District or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. 9. FORM OF BONDS. The bonds shall be in substantially the following form, with such changes thereto as necessary to conform to any order of the Superintendent issued in accordance with this resolution: 222

18 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE SCHOOL DISTRICT OF THE CITY OF HAMTRAMCK 2011 SCHOOL IMPROVEMENT BOND INTEREST RATES MATURITY DATES DATE OF ORIGINAL ISSUE See Exhibit A See Exhibit A, 2011 Registered Owner: Michigan Finance Authority (the "Authority") Principal Amount: The School District of the City of Hamtramck, County of Wayne, State of Michigan (the School District ), acknowledges itself indebted to and for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount on the Maturity Dates and in the amounts set forth in Exhibit A attached hereto, unless redeemed prior thereto as hereinafter provided, the final payment to be made upon presentation and surrender of this bond at the office of the Treasurer of the Board of Education, School District of the City of Hamtramck, County of Wayne, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution (as hereinafter defined), and to pay to the Registered Owner, as shown on the registration books at the close of business on the 15 th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest at the Interest Rates specified on Exhibit A on such Principal Amount from the Date of Original Issue specified above or such date through which interest has been paid until the School District s obligation with respect to the payment of such Principal Amount is discharged. Interest is payable on the first day of May and November in each year, commencing on November 1, Principal and interest are payable in lawful money of the United States of America. In the event of a default in the payment of principal or interest hereon when due, whether at maturity, by redemption or otherwise, the amount of such default shall bear interest (the additional interest ) at a rate equal to the rate of interest that is two percent 223

19 above the Authority s cost of providing funds (as determined by the Authority) to make payment on the bonds of the Authority issued to provide funds to purchase this bond but in no event in excess of the maximum rate of interest permitted by law. The additional interest shall continue to accrue until the Authority has been fully reimbursed for all costs incurred by the Authority (as determined by the Authority) as a consequence of the School District s default. Such additional interest shall be payable on the interest payment date following demand of the Authority. This bond is one of a series of bonds aggregating the principal sum of Dollars ($ ) issued by the School District under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act 451, Public Acts of 1976, as amended, and Act 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Board of Education of the School District (the Resolution ) for the purpose of defraying the cost of energy improvements to facilities in the School District. The full faith and credit of the School District have been pledged for the prompt payment of the principal of, premium, if any, and interest on this bond and the School District is obligated to levy annually ad valorem taxes on all taxable property in the School District sufficient to pay such principal, premium, if any, and interest when due. The ability of the School District to levy such taxes is subject to constitutional and statutory tax rate limitations. As additional security for the payment of the principal of, premium, if any, and interest on this bond, the School District has pledged to the Authority all the payments that it is eligible to receive pursuant to the provisions of Act 94, Public Acts of 1979, as amended, according to the terms and conditions set forth in the State School Aid Pledge Agreement. This bond is transferable, as provided in the Resolution, only upon the books of the School District kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The bond registrar and paying agent shall not be required to transfer or exchange this bond or any portion of this bond that has been selected for redemption. This bond is subject to optional redemption in whole or in part in such order as the School District shall determine, in integral multiples of $5,000 on any interest payment date on or after May 1, 2021 at the redemption price of par, plus accrued interest to the redemption date. Bonds or portions of bonds called for redemption shall 224

20 not bear interest on and after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same. Notwithstanding any other provision of this bond, so long as the Authority is the owner of this bond, (a) this bond is payable as to principal, premium, if any, and interest at the corporate trust office of U.S. Bank National Association, St. Paul, MN or at such other place as shall be designated in writing to the School District by the Authority (the Authority s Depository ); (b) the School District agrees that it will deposit with the Authority s Depository payments of the principal of, premium, if any, and interest on this bond in immediately available funds at least five business days prior to the date on which any such payment is due whether by maturity, redemption or otherwise; and (c) written notice of any redemption of this bond shall be given by the School District and received by the Authority s Depository at least 40 days prior to the date on which redemption is to be made. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the School District, including the series of bonds of which this bond is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the School District of the City of Hamtramck, County of Wayne, State of Michigan, by its Board of Education, has caused this bond to be executed in its name by the manual or facsimile signatures of the President and the Secretary of the Board of Education. This bond shall not be valid unless the Certificate of Authentication has been manually executed by the bond registrar and paying agent or by an authorized representative of the bond registrar and paying agent. SCHOOL DISTRICT OF THE CITY OF HAMTRAMCK By: President, Board of Education And: Secretary, Board of Education 225

21 CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within-mentioned Resolution. By: Treasurer, Board of Education of the School District of the City of Hamtramck Bond Registrar and Paying Agent AUTHENTICATION DATE: 226

22 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. 227

23 EXHIBIT A The principal amounts and maturity dates applicable to the bond to which this Exhibit A is attached are as follows: MATURITY DATES MAY 1 PRINCIPAL AMOUNTS INTEREST RATES 2012 $ % [END OF BOND FORM] 228

24 10. SECURITY. The School District hereby pledges its full faith and credit for the prompt payment of the principal of, premium, if any, and interest on the bonds. The School District, if necessary, annually shall levy ad valorem taxes on all taxable property in the School District which, taking into consideration estimated delinquencies, shall be sufficient to pay when due the principal of, premium, if any, and interest on the bonds. Taxes shall be subject to constitutional and statutory tax rate limitations. As additional security for the payment of the principal of, premium, if any, and interest on the bonds, the School District pledges to the Authority all the payments that it is eligible to receive pursuant to the provisions of Act 94, according to the terms and conditions set forth in the State School Aid Pledge Agreement. 11. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a principal and interest fund that shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the principal and interest fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All moneys in the principal and interest fund shall be used only for the payment of principal of and interest on the bonds until such principal and interest has been paid in full. 12. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund and used to pay the costs of issuing the bonds and to defray the costs of the Improvements. 13. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimated period of usefulness of the Improvements is hereby determined to be not less than fifteen (15) years and upwards and the estimated cost thereof in the amount of $1,800,000 is hereby approved and adopted. 14. TAX COVENANT. The School District hereby covenants to comply with all requirements of the Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The President, the Vice- President, the Secretary and the Treasurer of the Board of Education, the Superintendent and the Director of Finance of the School District and other appropriate officials of the School District are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. 15. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without 229

25 reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of and interest on the bonds, shall have been deposited in trust, this resolution shall be defeased and the owners of the bonds shall have no further rights under this resolution except to receive payment of the principal of and interest on the bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein. 16. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The President, the Vice-President, the Treasurer and the Secretary of the Board of Education and the Superintendent, the Director of Finance and other officers and employees of the School District are authorized to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this resolution. 17. MICHIGAN DEPARTMENT OF TREASURY APPROVAL. The issuance and sale of the bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan pursuant to Act 34, Public Acts of Michigan, 2001, as amended, and, if necessary, the Superintendent is authorized and directed to make application to the Department of Treasury for permission to issue and sell the bonds as provided by the terms of this resolution. The President, the Vice-President, the Treasurer and the Secretary of the Board of Education and the Superintendent and the Director of Finance of the School District are each individually authorized to prepare and file a Security Report with the Local Audit and Finance Division of the Department of Treasury. 18. REPORTING COVENANT. The School District hereby covenants to timely file with the State Treasurer of the State of Michigan the reports required by paragraphs (7) and (8) of Section 1274a of the School Code. 19. INTENT TO REIMBURSE EXPENDITURES. The School District hereby declares its official intent to issue the bonds to finance the cost of the Improvements and hereby declares that it reasonably expects to reimburse the School District s advances to the Improvements as anticipated by this resolution. The maximum principal amount of obligations expected to be issued for the Improvements is $1,800, REPLACEMENT OF BONDS. Upon receipt by the Secretary of the Board of Education of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity that complies with applicable law and is satisfactory to the Secretary of the Board of Education, the Secretary of the Board of Education may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is 230

26 lost, apparently destroyed or wrongfully taken, the Secretary of the Board of Education may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the School District in the premises. Any bond delivered pursuant to the provisions of this section in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered. 21. CONFLICTING RESOLUTIONS. All resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded 22. SAVINGS CLAUSE. If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this resolution. 23. IMMEDIATE EFFECT. This resolution shall be effective immediately upon its adoption. Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 231

27 AUTHORIZATION OF DICKINSON WRIGHT AS BOND COUNSEL Motion by Member Walters Seconded by Member Shulgon WHEREAS, in connection with the issuance by the School District of its 2011 School Improvement Bonds (the Bonds ), the School District s bond counsel, Dickinson Wright PLLC ( Dickinson Wright ), has advised the Board of Education of the School District (the Board ) that Section 1352 of The Revised School Code of 1976, as amended, requires that the Board request from Dickinson Wright whether it also represents the underwriter of the Bonds or any other party involved in the issuance of the Bonds; and WHEREAS, it is anticipated that the School District will sell the Bonds to the Michigan Finance Authority (the Authority ); and WHEREAS, Dickinson Wright has advised the Board that it also is acting as counsel for the underwriters of the Authority s bonds being issued for the purpose of raising moneys to purchase the bonds of the local units (including the School District), and from time to time represents the Authority and may represent the underwriters of the Authority s bonds in connection with other transactions. NOW, THEREFORE, BE IT RESOLVED that: 1. The Board hereby consents to entering into the contract with Dickinson Wright to serve as bond counsel for the School District notwithstanding its acting as counsel for the underwriters of the Authority s bonds and its representation of the Authority and the underwriters of the Authority s bonds in connection with other transactions. 2. As required by Section 1352(c), Dickinson Wright shall provide the Board monthly billings that itemize time and services provided and any payments made by Dickinson Wright to third parties, if any, in connection with its representation of the Board for the sale of the Bonds to the Authority. 3. The letter from Paul M. Wyzgoski of Dickinson Wright to the Superintendent dated May 5, 2011, and this resolution shall constitute the contract for purposes of Section All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. 232

28 Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters APPROVAL OF EMPLOYMENT Motion by Member Walters Seconded by Member Puchalski RESOLVED, that upon the recommendation of the Superintendent, the Board of Education approves the employment of the following individuals as Paraprofessionals for the ELL Camp to be held May 12, 2011 through July 22, 2011: Fatima Ahad, resident of Hamtramck, at Dickinson East, $11.00 per hour Nawal Al-Hadwan, resident of Hamtramck, at Holbrook, $11.00 per hour Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 233

29 APPROVAL OF FOOD SERVICE CONTRACT Motion by Member Walters Seconded by Member Puchalski RESOLVED, that upon the recommendation of the Superintendent, the Board of Education approves the renewal of the Food Service Contract with Sodexo for the school year. Members Borushko, Myrick, Shulgon, Zwolak, Puchalski and Walters 234

30 AUDIENCE PARTICIPATION Ms. Denise Litterio gave an update on Mr. Glenn Pasternak 235

31 Motion by Member Walters Seconded by Member Puchalski CLOSED SESSION RESOLVED, upon the recommendation of the Superintendent of Schools, that the Board of Education go into Closed Session for discussion of the following items: Negotiations Update Members Zwolak, Myrick, Puchalski, Shulgon, Borushko and Walters The meeting went into Closed Session at 7:45 p.m. (Members Myrick and Walters left at 8:30 p.m.) Motion by Member Walters Seconded by Member Puchalski OPEN SESSION RESOLVED, upon the recommendation of the Superintendent of Schools, that the Board of Education resumes in Open Session. Members Zwolak, Puchalski, Shulgon and Borushko Members Myrick, Walters and Balcerzak The meeting resumed in Open Session at 8:39 p.m. 236

32 Motion by Member Puchalski Seconded by Member Shulgon RESOLVED, that the Meeting be adjourned. ADJOURNMENT Members Borushko, Shulgon, Zwolak and Puchalski Members Myrick, Walters and Balcerzak The Meeting adjourned at 8:43 p.m. Respectfully submitted, Hedy Shulgon, Secretary Approved by: Elizabeth A. Zwolak, President 237

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