Meeting Agenda Board of Education ♦ Niles Township High Schools ♦ District 219 July 21, 2008 I.
Call to Order and Roll Call (6:15 p.m.)
II.
Executive Session
III.
Recall to order of Open Session (7:45 p.m.)
IV.
Changes / Additions to the Agenda
V.
Audience to Visitors (on agenda items only)
VI.
Community Representative Comments
VII.
Approval of Consent Agenda − Monthly Bills and Payroll.........................................................................................1 − Personnel* ...................................................................................................................2 − Minutes of 6/30/08 Regular Meeting, Open and Closed* Sessions.....................3 − Student Trip................................................................................................................4 − Textbook Adoptions for the 2008‐09 School Year.................................................5 − Transfer of Interest Earned.......................................................................................6 − North Cook Young Adult Academy Contract Renewal .....................................7 − NTDSE Intergovernmental Agreement for Staff Services ...................................8 − NTDSE Intergovernmental Agreement for Educational Services......................9 − Disposal of Obsolete/Damaged Furniture and Equipment...............................10 − Disposal of Obsolete Textbooks ............................................................................11 − Purchase of Xerographic Paper for 2008‐09.........................................................12 − ED‐RED Membership for 2008‐09 .........................................................................13 − Security Enhancements...........................................................................................14
VIII.
Superintendent’s Report − Principals’ Report
IX.
Board Members’ Comments
07/17/08 10:24 AM
X.
Board Committee Reports
XI.
Business − NTSA Intergovernmental Agreement for ELL Parent Center (Discussion and/or Action) ..........................................................................................................15 − 403(B) Third Party Administrator (Discussion and/or Action) ........................16 − Tax Objection Complaint Intervention (Discussion and/or Action) ................17 − 2008‐09 Tentative Budget (Discussion and/or Action).......................................18 − Six Classroom Addition at Niles West – Bid Acceptance – Storefront, Curtainwall & Glazing (Discussion and/or Action) .......................19 − Six Classroom Addition at Niles West Bid Acceptance– Structural Steel (Discussion and/or Action) ....................................................................................20
XII.
Old Business
XIII.
New Business
XIV.
Audience to Visitors (on items related to District business)
XV.
Correspondence and FOIA Requests
XVI.
Information Items − June 2008 Financial Report ....................................................................................21 − District 219 Green Effort Staff Shuttle ..................................................................22
XVII.
Closed session (if needed)
XVIII. Adjournment * Denotes items for Board members only Upcoming Regular Board Meetings: Thursday, August 21, 2008 Monday, September 15, 2008 Monday, October 6, 2008 Monday, October 27, 2008 Monday, November 17, 2008 Monday, December 15, 2008 Monday, January 12, 2009 Monday, February 2, 2009
07/17/08 10:24 AM
School Board Niles Township District 219, Cook County, Illinois MINUTES Regular Board Meeting Monday, June 30, 2008 The meeting was held in the Board Room of the District Office located at 7700 Gross Point Road, Skokie, Illinois. I. Call to Order and Roll Call Board President Robert Silverman called the meeting to order at 6:50 p.m. Board members present at Roll Call: Carlton Evans, Jeffrey Greenspan, Ruth Klint, Robert Silverman, Eileen Valfer. II. Executive Session It was moved by EVANS and seconded by VALFER to recess into closed session to discuss matters relating to the employment, appointment, compensation, performance or dismissal of specific employees. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried. The Board recessed into closed session at 6:51 p.m. At 8:05 p.m. it was moved by SMITH and seconded by GREENSPAN to return to open session. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried. III. Recall to Order of Open Session Mr. Silverman recalled the meeting to order at 8:19 p.m. The Pledge was recited. IV. Changes/Additions to the Agenda Added to the consent agenda was a personnel handout. V. Audience to Visitors No one asked to speak. VI. Community Representative Comments No one asked to speak. Minutes of Regular Board Meeting of June 30, 2008
Page 1 of 6
VII. Approval of Consent Agenda It was moved by KLINT and seconded by GREENSPAN to accept the amended consent agenda. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Valfer. Recuse/Abstain: Smith. The motion carried. Included in the consent agenda: − Monthly Bills and Payroll in the amount of $3,140,808.42 − Personnel
Approve employment of the following certified staff for the 2008‐2009 school year effective August 25, 2008: NAME
POSITION/LOCATION
Davis, Gary Hebson, Nicole Iafrate, Stephanie Lee, Susanna O’Reilly, Kelly
Art – West, MA+15 – Step 9 English – North, MA – Step 9 English – North, BA – Step 3 English – West, MA – Step1 Social Studies – West, BA – Step 1
FTE
.2 1.0 1.0 .8 .2
Approve employment of the following support staff effective August 25, 2008: NAME
POSITION/LOCATION
FTE
Smith, Jessica
One‐on‐One Teacher Assistant‐ Special Education, North, P1‐S1, 186 days
1.0
Approve employment of the following part‐time/temporary staff for the 2007‐2008 school year effective June 13, 2008: NAME
POSITION/LOCATION
Abelson, Caitlin David, Angeline
Summer Sizzling Science – West Science Lab Assistant – West
RATE
$7.50/Hr. $7.50/Hr.
Approve employment of the following stipend positions for the 2008‐09 school year: SCHOOL
POSITION
COACH/SPONSOR
Niles North Niles North Niles North Niles North Niles West Niles West
Girls Basketball Assistant Football Assistant Football Assistant Filipino Club Pom Pon Assistant Athletic Coordinator
*Newton, Laura *Galambos, Joseph (.5) Watson,Torion (.5) Barnett, Jean *Gordon, Diana Reynolds, Nicole
* Indicates not a District 219 employee
Approve the 1.0 FTE Necessities of the Home– Unpaid leave of absence for certified staff Alejandra Kim, Foreign Language‐ West for the 2008‐2009 year.
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Minutes of Regular Board Meeting of June 30, 2008
Approve the correction in retirement of the following support staff: NAME
POSITION/LOCATION
Trojnarski, Janina
Accounts Payable Assistant – District 6/30/10
FROM
TO
9/30/10
Accept the resignation of Linda Kim, Teacher Assistant – AAC – North effective June 10, 2008.
− Minutes of 6/30/08, open and closed sessions. − Student Trip for 26 West Cheerleaders to attend a camp at Illinois State University in Normal on July 25‐28, 2008 at cost to the District of $1,338. − IASB Annual Dues for 2007‐08 in the amount of $10,723.00. − Niles Township Property Tax Appeals Cooperative Payment in the amount of $27,313.49 for efforts undertaken on behalf of District 219 in the property tax appeal arena. − Re‐Roofing Project for Niles West boiler room by Sullivan Roofing in the amount of $95,000. − GCA Cleaning Service Renewal for 2008‐09 with an increase of 4.75%. − Purchases / Services
Towel Service for the 2008‐09 School Year at North and West by National School Town Service in the amount of $35,311.
Tennant Rider Sweeper at North from Tennant Sales and Service in the amount of $32,959.38.
Excavation of Sophomore Baseball Field at West by Tony Carolan of Carolan Builders and Excavating in the amount of $9,760.
VIII. Superintendent’s Report −
Principals’ Report Bob Freeman said that summer construction projects are going well. New foliage and trees have been planted. He said the Summer Sizzling classes were enjoyed by students, staff and parents. Kaine said the turf field is progressing well and is on schedule. He said summer school is going well. He thanked the Board and administration for his first year as principal.
IX. Board Members’ Comments Ruth Klint said she attended the LICA meeting and spoke of what a worthy organization it is, their fine leadership and the great things they do for students. The Board thanked Neil Codell, Dale Vogler and Gerry Yeggy for their service to the District. Minutes of Regular Board Meeting of June 30, 2008
Page 3 of 6
X. Board Committee Reports Facility Committee ‐ Mr. Greenspan said a meeting was held on June 23. Some of the items discussed were on tonight’s consent agenda. The bleachers were replaced and the boards will be saved to be used at North. Finance Committee – A meeting was held earlier this evening to review the tentative budget. XI. Business Pursuit of Advertising Revenue Neil Codell said for the last few years the District has been approached by different companies to pursue advertising. He said other districts do one advertiser at a time. Currently there is a request by company to advertising at the Niles West field. Gerry Yeggy said we have received a proposal from the company and it has been reviewed by legal counsel. Mr Yeggy said that each advertiser would have an agreement and each agreement would come to the Board for approval. The Board discussed if they want to allow advertising. It was agreed that this needs to go to the Facility and Policy Committees, as topics such as free speech, revenue and link to advertising needs to be discussed. Commercial advertising versus not‐for‐profit advertising needs to be spelled out more specifically. Mr. Greenspan suggested having a ‘bid’ type for advertising to let the public know we are advertising. It was suggested that money generated from this advertising go to the activity accounts. The Board asked the Administration to check with the IHSA and other school districts on advertising. Positive Connections Contract Renewal Mr. Yeggy said the proposed 7.36% increase represents approximately $200,000 increase in the annual contract. The proposed increase includes gas/fuel. He further stated that Positive Connections did an excellent job for the second half of the last school year and feels comfortable in recommending the Board approve this increase. Mr. Codell said last year we secured buses from District 68, A&B Bus Company and vans to assist in transporting students. For the 2008‐09 school year District 68 buses will be on an as‐needed basis. The paraprofessionals are using the vans to transport special education students and this is very successful. It was moved by GREENSPAN and seconded by SMITH to increase our contract with Positive Connections for the 2008‐09 school year by 7.36% for our scope of services. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried.
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Minutes of Regular Board Meeting of June 30, 2008
Natural Gas Procurement Renewal It was moved by SMITH and seconded by VALFER to extend our relationship with Midwest Energy for natural gas procurement from CenterPoint Energy one more year by executing the Energy Service Agreement. Mr. Yeggy thanked the Board for securing this savings. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried.
Procurement Card Credit Limit It was moved by SMITH and seconded by VALFER to increase the credit limit on the Bank of Montreal Procurement Card Agreement from $150,000 to $250,000 to allow for the payment of textbook invoices. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried. XII. Old Business There was no old business. XIII. New Business There was no new business. XIV. Audience to Visitors No one asked to speak. XV. Correspondence and FOIA Requests There was no correspondence or FOIA requests. Minutes of Regular Board Meeting of June 30, 2008
Page 5 of 6
Neil Codell thanked everyone for allowing him to serve. He was grateful to all for attending his retirement party. He spoke of the administrative team and the wonderful job these individuals have done to make sure everything revolves around students in our schools. He said loyalty to this mission and loyalty to me have made this work. He thanked each individual administrator and board member. President Silverman thanked Neil Codell for all he has done for the District. XVI. Adjournment It was moved by SMITH and seconded by VALFER to adjourn the meeting. A roll call vote was taken. Voting Aye: Evans, Greenspan, Klint, Silverman, Smith, Valfer. The motion carried. The meeting adjourned at 9:45 p.m.
_________________________________
______________________________
President
Secretary
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Minutes of Regular Board Meeting of June 30, 2008
Board Report To:
Nanciann Gatta Board of Education
From:
Anne Roloff, Assistant Superintendent
Date:
July 21, 2008
Re:
Textbook Adoptions for the 08-09 School Year (CONSENT AGENDA)
Background For the past few years, the District has been on a six-year textbook adoption cycle. Curriculum directors and teachers work to develop educational rationale for textbook selection and ultimately arrive at consensus on books to be adopted; this process can take nearly a full school year. The attached spreadsheet indicates adoptions for the 08-09 school year. (Note that a “Cost” and “Book Cost” of $0 would indicate that the replacement book is already in stock at the bookstore or is part of the Illinois Textbook Loan Program and represents a no cost item to the District.) At future Board meetings, I will recommend additional titles for adoption. Thank you.
Recommendation: That the Board of Education adopt the textbooks appearing on the attached spreadsheet for use in the courses indicated for an anticipated total cost of $4,164.
C:\Documents and Settings\DIST219\Desktop\TEXTBOOK MEMO TO BOARD07.21.08.doc
TEXTBOOKS TO BE ADOPTED 2008-09 NILES NORTH
Dept SpED SpED SpED SpED
Course CV3Q01 CV3Y10 EN3Y55 EN3Y55
Description Work Study Work Study Jr Am Lit Jr Am Lit
Bld 4 4 4 4
Adopted R/O R R O O
Books to be Adopted SUCCEEDING IN THE WORLD OF WORK SUCCEEDING IN THE WORLD OF WORK GRAMMAR & WRITING FOR STANDARD TESTS KINDRED
NILES NORTH ADOPTION REQUESTS
Sch Copy Wk N 2008 N 2008 N X N
Cost $55 $55 $11 $6
Dur Y Y Y Y
Stu 23 22 50 30
BkCost $1,265 $1,210 $549 $180
$3,203
10% replacement costs 10% increased enrollment 10% support materials TOTAL REQUEST
NNorth
072108 BdRpt
$320 $320 $320 $4,164
pg. 1
NILES TOWNSHIP HIGH SCHOOL DISTRICT 219 Business Office Memorandum DATE:
July 21, 2008
TO:
Dr. Nanciann Gatta Board of Education
FROM:
Paul O’Malley Susan Husselbee
RE:
Transfer of Interest Earned
During the 2007-08 fiscal year, the Transportation Fund earned $174,531.37 in interest and the Working Cash Fund earned $862,247.27 in interest. As per past practice, we are requesting that the total interest earned for these two funds be transferred to the Educational Fund. We will record this transfer in fiscal year 2008.
MOTION:
I move the Board of Education authorize the transfer of interest earned of
$174,531.37 and $862,247.27 from the Transportation Fund and Working Cash Fund, respectively, totaling $1,036,778.64 to the Educational Fund as of June 30, 2008.
NILES TOWNSHIP HIGH SCHOOL DISTRICT 219 Business Office Memorandum DATE:
July 21, 2007
TO:
Dr. Nanciann Gatta Board of Education
FROM:
Pete Marcelo
RE:
North Cook Young Adult Academy Renewal Contract
The North Cook Young Adult Academy renewal contract has been reviewed for the 2008-2009 school year. The administration recommends that we renew this contract in the amount of $244,621.08. The proposal is structured for a total enrollment of 23 FTE students (4,140 enrollment days), and for the provision of diagnostic services for 22 new referrals.
MOTION: I move the Board of Education accept administration’s recommendation for the North Cook Young Adult Academy renewal of services for the 2008-2009 school year in the amount of $244,621.08.
OBSOLETE FURNITURE/ EQUIPMENT JULY 21, 2008 QTY EMERGENCY GENERATORS - To sell Cummins/Onan 100 GenSet 1 DMT Corp 1
DESCRIPTION
WEIGHT EQUIPMENT -Obsolete to dispose 1 Universal Leg Extension Machine 1 Universal Leg Curl Machine 1 Universal Bench Press Machine 1 Muscle Dynamics Seated Calf Raise 1 Flat Bench 1 Tunturi Seated Rower-R701 MISC. FURNITURE/EQUIPMENT - Obsolete or damaged to dispose AS&T old style classroom computer workstations plus related hardware and accessories (No interest from feeder schools.) 10 6 Child "elementary style" open lockers 3 Van passenger seats 5 Computer tables 4 Paper towel dispensers/trash combination units 15 Task/plastic/folding chairs AV cart 1 1 NEC Monitor-CM2551A 1 Desk & desk return 1 Podium 2 Study carrels 1 Metal desk top 1 Metal bookcase 1 Metal table 1 Typewriter stand 1 4 drawer vertical file 1 2 drawer vertical file 1 Mobile computer stand 2 Whiteboards: 3x4 & 6x4 1 Corner shelving unit 1 Plastic table 2 IBM Typewriters 1 HEPA air room cleaner 1 Small desk top mail sorter 1 Overhead desk cabinet including hardware 1 3 Drawer ledger file cabinet Sofa 1
To:
Board of Education Nanciann Gatta, Superintendent
From:
Anne Roloff, Assistant Superintendent Kaine Osburn, Principal
Date:
July 21, 2008
Re:
Disposal of Obsolete Textbooks
(Consent Agenda)
Background In an effort to use the space in the Textbook Center most efficiently, we are seeking approval to dispose of obsolete books that have already been replaced. Directors and teachers have been contacted about keeping these books in their respective resource centers but have declined due to the advanced age of the books. These books have no resale value. We have contacted the following book buyers to purchase these textbooks; each has declined due to the age of the materials. Follet Educational Services 1433 International Parkway Woodridge, IL 60693
Chicagoland Bookbuyers 1040 Fairview Ave. Lake Forest, IL 60045
Proposal Follet Educational Services does have a textbook relocation program. Books donated to this organization are either sent to Africa for use in their school system or to a recycling center. There is no charge for this service. Should Follett’s find a book of value for this program, they will pay fair market value for it and issue us a check. Books with no resale value will be offered for donation to the Learning House in Wheeling, 5110 Capitol Dr., Wheeling, IL.
Recommendation: That the Board of Education donate the obsolete textbooks appearing in the Appendix below to Follet Educational Services that will either recycle the books, send them to African countries for use in their schools or buy them from District 219. There will be no cost to the Board in working with Follet Educational Services. Books with no resale value will be offered for donation to the Learning House in Wheeling.
Number of Books with No Return $ Value
Copyright
ISBN #
School
Algebra & Trigonometry
235
1997
0-02-823219-4
West
Chemistry - The Central Science
68
1977-2002
0-13-061142-5
West
College Prep Exam Practice
115
0-03-078076-4
West
Title of Book (alphabetical)
Conceptual Physics
6
2002
0-13-054254-7
West
Economics
47
1999
0-07-231793-0
West
Functions Stats and Trig Geometry Geometry: An Integrated Approach
10 203 108
1992 2001 1997
0-67-333199-7 0-7854-2221-8 0-669-45530-X
West West West
Holt Science Spectrum
321
2001
0-03-054349-5
West
Physics for Scientists/Engineers - Vol I
37
2000
0-03-020968-4
West
Physics for Scientists/Engineers - Vol II
35
2000
0-03-020969-2
West
PreCalculus Students’ Study Guide World History: The Human Experience
25 55 235
1997 2001 1997
0-669-41714-6 0-07-236633-8 0-02-823219-4
West West West
INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NILES TOWNSHIP ENGLISH LANGUAGE LEARNERS PARENT CENTER This Agreement is made and entered into by and among the Boards of Education of the following Illinois public school districts: Skokie School District No. 68, Morton Grove School District No. 70, Niles School District No. 71, Fairview School District No. 72, East Prairie District No. 73, Skokie School District No. 73.5, Lincolnwood School District No. 74, Niles Township High School District No. 219, and (hereinafter referred to individually as “Member” and, collectively, as the “Parties”). WHEREAS, the Parties are “units of local government” and/or “school districts” as defined under Article VII, Section 10 of the 1970 Illinois Constitution and are “public agencies” as defined under Paragraph 2 of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local governments and school districts to contract and otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government or school district may be exercised jointly with another unit of local government or school district; and
380054.1
WHEREAS, the Parties desire to formally establish the Niles Township ELL Newcomers Center under the terms and conditions set forth in this Agreement; NOW, THEREFORE, it is agreed by and among the Parties pursuant to the Constitution of the State of Illinois and the Intergovernmental Cooperation Act as follows: ARTICLE I. THE PROGRAM 1.
The jointly operated program shall be known as the NILES TOWNSHIP ENGLISH LANGUAGE LEARNERS PARENT CENTER (the “Center”).
2.
The purpose of the Center is to enhance the quality of educational services provided to students by facilitating the involvement of parents who are English Language Learners. In order to fulfill this purpose, the Center may cooperatively provide services and resources such as adult English literacy programs, family literacy classes, parent education courses, local transportation services to and from the Center, access to municipal resources, language group and/or grade level networking opportunities, translation services, a native language news library, and by offering other services as prescribed by the Parties.
3.
The Center’s operations, activities, and programs shall be funded by dues or contributions paid by the Parties, grants received from the State and Federal Governments, and from funds provided by private donors. The amount of the dues or contributions of the Parties shall be set by the Board of Directors in accordance with in Article II of this Agreement. All costs associated with the Center are to borne entirely by the Center and paid for from the Center’s account described in Article III of this Agreement. The Center shall not take any intentional action that financially commits the Parties for any amount in excess of the dues, grants or donations received.
2 380054.1
4.
The programs offered by the Center will be for the parents of students served by the member School Districts.
5.
The Center staff may consist of such personnel as dictated by the needs of the Center. Staffing and salaries shall be determined executed by the Administrative Agent.
6.
If approved by a majority vote of the full membership of the Board of Directors, the Center may expand the scope of its purpose into other activities. At least thirty (30) days prior to any decision or action by the Board of Directors to expand the scope of the Center’s purpose, the Board of Directors shall submit a briefing paper outlining the proposed expansion and programs to each Superintendent or Director of each Member for the review and comment of their governing boards. The Board of Directors shall consider the comments of the governing boards of the Member school districts and educational institutions in conjunction with any decision to expand the scope of the Center’s purpose. ARTICLE II. ORGANIZATION
1.
The Center shall be governed by a Board of Directors (the “Board”). The Board shall consist of the Superintendent of each Member, or a designee of each Member. The first President of the Board shall be the Superintendent or a designee of the Administrative Agent, who will serve for one (1) year. Thereafter, the Board shall annually elect a President of the Board. The Board shall meet not less than four (4) times per calendar year.
2.
The Center may be expanded from time-to-time to add other public agencies provided that the governing board of any public agency proposed to be added to the Center approves a resolution adopting the terms of this Agreement and provided that the Board
3 380054.1
approves the addition of any such public agency by a majority vote of the full membership of the Board. 3.
The Board shall develop a per-pupil funding formula to be used to set the annual contribution of each Member. The per student contribution amount shall be set by the Board and shall not exceed twelve dollars and fifty cents ($12.50) per student.
4.
The Board shall be responsible for the operation and management of the Center and the accomplishment of the purposes set forth in Article I. To that end, the Board shall have the authority and duty to: A.
Establish and amend operating policies and procedures;
B.
Recommend extensions, reductions or redirections of services;
C.
Prepare and approve an annual budget;
D.
Review and approve all expenditures, disbursements, and contract proposals and direct them to the Administrative Agent;
E.
Direct the collection, accounting and distribution of funds to be used for the Center’s operations and services;
F.
Direct the preparation and submission to each Member annually a report of the financial affairs of the Center at the end of each fiscal year;
G.
Retain independent contractors or consultants as may be required for the Center and set the compensation of those contractors or consultants;
H.
Negotiate and contract with any person or organization for the provision of services, activities or undertakings necessary for, consistent with, or incident to the Center’s purposes and services;
I.
Appoint committees and establish rules of procedure, including meetings;
4 380054.1
J.
In consultation with its insurance advisors, arrange for insurance coverage against any loss or liability of the Center, its Members, the Board, individual Board members, contractors, consultants, or volunteer personnel;
K.
Establish a schedule of regular meetings each fiscal year;
L.
Review this Agreement and recommend amendments if necessary; and
M.
Perform such other activities as are necessarily implied or required to carry out the purposes and services of the Center or the specific activities enumerated in Article I.
5.
Special meetings of the Board may be called by the President, the Administrative Agent, or by any three (3) Board members acting in concert.
6.
The Board shall set the hours of operation of the Center after consulting with the Administrative Agent.
7.
The Board shall complete an annual assessment of program viability, the results of which will be reported to the Parties. ARTICLE III. ADMINISTRATION AND FINANCE
1.
The Board shall designate Skokie School District No. 68 to serve and act as the legal and fiscal agent for the Center (referred to as the “Administrative Agent”). The Administrative Agent shall have all the duties and rights authorized by law and established by policy of the Board, including, but not limited to, the authority to: A.
Collect dues or contributions from the Parties as directed by the Board;
B.
Receive private donations of financial support for the Center;
C.
File requests for funds from Federal and State grant projects and other necessary financial reports upon the recommendation of the Board;
5 380054.1
D.
Distribute Federal or State grant funds to the Center upon receipt of such funds and required documentation;
E.
Make purchases and expenditures for the Center within the limits of policy and budget provisions;
F.
Enter into contracts to expend funds legally on behalf of and as agent for the Center upon the recommendation of the Board;
G.
Act on the employment of employees upon the recommendation of the Board;
H.
Keep separate books to account for the Center funds under an account to be known as the “Niles Township English Language Learners Parent Center Account;”
I.
Keep records of all fiscal transactions of the Center and prepare such reports as may be required;
J.
Furnish to the Board an annual accounting of expenditures from the Niles Township English Language Learners Parent Center Account;
K.
Furnish to the Board a yearly financial statement and audit of the Niles Township English Language Learners Parent Center Account; and
L.
Act on any other recommendations which may be presented from time-to-time by the Board.
2.
The Administrative Agent shall collect from the Parties the annual contributions determined by the Board. The statements for such costs shall be issued on January 1 and August 1 annually. Payments shall be due to the Administrative Agent within thirty (30) days after receipt of the statements.
6 380054.1
3.
The Parties expressly agree to assume all financial liability associated with contracts properly made on their behalf by the Center. ARTICLE IV. TERM OF AGREEMENT/WITHDRAWAL This Agreement shall commence on the effective date of this agreement and shall end on
June 30, 2011. At any time prior to June 30, 2011, the end date of this Agreement may be changed in accordance with the procedures for amendment in Article V. A Member may withdraw from this Agreement effective June 30 of any year covered by this Agreement provided written notice is given to the Board no later than the preceding March 1. ARTICLE V. AMENDMENTS Any proposed amendment to this Agreement shall be submitted in writing to the Board. If the Board approves the amendment by majority vote, it shall be submitted to the Board of Education of each Member for approval. Before the amendment becomes effective, it must be approved by all of the Boards of Education of the Parties. ARTICLE VI. FACILITIES 1.
Skokie School District No. 68 (the Administrative Agent) shall provide the Center with a dedicated space in the south wing of its Educational Service Center for the duration of this Agreement.
2.
The Center taking possession of the space shall be conclusive evidence that the space was in good order and satisfactory condition when the Center took possession. The Administrative Agent shall be responsible for repairing and maintaining the space during the term of this Agreement at the cost of the Administrative Agent. The Center shall promptly notify the Administrative Agent if any condition related to the space becomes faulty, in need of repair, or otherwise noncompliant with applicable local, county, State
7 380054.1
and federal laws, ordinances, regulations and codes. The Center shall be responsible for making any improvements to the space, at its own cost. However, the Center shall not, without prior written approval from the Administrative Agent, make any alterations or improvements to the space. In the event the Administrative Agent grants its consent to any alterations or improvements such consent may be conditioned upon the Center complying with such reasonable requirements as the Administrative Agent may impose. 3.
The Center shall use and occupy the space only for the programs and administration of the Center. The Center shall have access to the space at all times that the Educational Service Center is otherwise open and at any other time as may be agreed to in advance.
4.
The Administrative Agent hereby grants to the Center rights of ingress and egress solely for the limited purpose of gaining access for the use of the space, common areas, on and over the pathways, sidewalks, driveways, or other means of access to the Educational Service Center.
5.
The Center’s use of the space shall at all times conform to all applicable local, county, State and federal laws, ordinances, regulations and codes. The Center shall not allow any other party to use the space or any other portion of the Educational Service Center without securing prior written approval from the Administrative Agent.
6.
The Administrative Agent shall provide the following items and services to the space occupied by the Center in the same manner as it provides those services to the remainder of the Educational Service Center, but the Administrative Agent does not warrant that any of these services will not be interrupted by causes beyond the control of the Administrative Agent: A.
Heating and Cooling;
8 380054.1
B.
Water;
C.
Janitorial Services. ARTICLE VII. INSURANCE
1.
The Administrative Agent shall procure and maintain on behalf of the Center policies of insurance insuring the Center and its agents and assigns from all claims, demands or actions for injury to or death of any person and for damage to property of the Administrative Agent property. The insurance shall be with such companies or selfinsurance pools as are reasonably acceptable to the Board and shall be evidenced by copies of the policies and/or certificates of insurance, naming the Administrative Agent as an additional named insured, requiring no subrogation of the Administrative Agent, and providing that the insurance may not be modified, terminated, cancelled or nonrenewed without at least thirty (30) days advanced written notice by certified mail, return receipt requested, to the Administrative Agent.
2.
Each Member, at its sole cost and expense, shall keep in full force and effect at all times during the term of this Agreement general public liability insurance, including contractual liability coverages, and such other types of insurance in such amounts and with such companies or self-insurance pools as are reasonably acceptable to the other Parties, but, in any event, no less than the coverages and amounts carried by the Member for its general activities. Such insurance shall be evidenced by copies of the policies and/or certificates of insurance, naming the other Parties as additional insured and providing that the insurance may not be modified, terminated, cancelled or non-renewed without at least thirty (30) days advanced written notice by certified mail, return receipt requested, to the other Parties.
9 380054.1
ARTICLE VIII. MISCELLANEOUS 1.
This Agreement shall be deemed dated and become effective on the date the last Member executes the Agreement.
2.
As used throughout this Agreement, approval by the Board requires the affirmative vote of a majority of the Board members unless explicitly set forth otherwise.
3.
This Agreement may be executed in separate counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument.
4.
The Parties acknowledge and agree that the provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of other provisions herein. If any provision of this Agreement is deemed unenforceable for any reason whatsoever, such provision shall be appropriately limited and given effect to the extent that it may be enforceable, and all other provisions of this Agreement shall remain fully enforceable.
5.
The Parties expressly agree to share any and all liability associated with the execution and administration of the Program. To the fullest extent permitted by law, the Parties shall indemnify, defend and hold harmless the other Parties, their Boards of Education and members, employees, volunteers, and agents, and their successors and assigns, in their individual and official capacities (collectively the “Indemnitees”), from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost, and expense, including without limitation, reasonable attorneys’ fees and litigation costs, incurred by any of the Indemnitees for injuries to persons or for damage, destruction or theft of property arising out of any activity hereunder, or any act or omission of the Party
10 380054.1
or of any employee, agent, volunteer, or invitee of the Party in connection with this Agreement. 6.
Nothing in this Agreement shall be construed to consider any Member, or its respective employees or contractees, as the agents or employees of any other Party or Parties. IN WITNESS WHEREOF, the parties hereto, having been first duly authorized by
appropriate resolutions of their respective corporate bodies, execute this instrument which shall be deemed dated and effective on the date the last of the parties signs as set forth below.
SKOKIE SCHOOL DISTRICT NO. 68, COOK COUNTY, ILLINOIS
NILES SCHOOL DISTRICT NO. 71, COOK COUNTY, ILLINOIS
By:______________________________ President
By:______________________________ President
ATTEST:
ATTEST:
_________________________________ Secretary
_________________________________ Secretary
Dated:___________________________
Dated:___________________________
MORTON GROVE SCHOOL DISTRICT NO. 70, COOK COUNTY, ILLINOIS
FAIRVIEW SCHOOOL DISTRICT 72, COOK COUNTY, ILLINOIS
By:______________________________ President
By:______________________________ President
ATTEST:
ATTEST:
_________________________________ Secretary
_________________________________ Secretary
Dated:___________________________
Dated:___________________________
EAST PRAIRIE SCHOOL DISTRICT NO. 73, COOK COUNTY, ILLINOIS
LINCOLNWOOD SCHOOL DISTRICT NO. 74, COOK COUNTY, ILLINOIS
By:______________________________
By:______________________________
11 380054.1
President
President ATTEST:
ATTEST:
_________________________________ Secretary
_________________________________ Secretary
Dated:___________________________
Dated:___________________________
SKOKIE SCHOOL DISTRICT NO. 73.5, COOK COUNTY, ILLINOIS
NILES TOWNSHIP HIGH SCHOOL DISTRICT NO. 219, COOK COUNTY, ILLINOIS
By:______________________________ President ATTEST:
By:______________________________ President ATTEST:
_________________________________ Secretary
_________________________________ Secretary
Dated:___________________________
Dated:___________________________
12 380054.1
NILES TOWNSHIP HIGH SCHOOL DISTRICT 219 Business Office Memorandum
DATE:
July 21, 2008
TO:
Dr. Nanciann Gatta Board of Education
FROM:
Paul O’Malley Susan Husselbee
RE:
403(b) Third Party Administrator
The IRS regulations for 403(b) plans have changed and are in effect beginning January 1, 2009. To be in compliance with these regulations and to better serve our employees, the Business Office is recommending utilizing a third party administrator (TPA). A third party administrator would assist the 403(b) Committee in preparing the required plan document, provide the required annual effective opportunity notice in the form of a personalized, informational booklet to employees, standardize required forms, verify contributions do not exceed IRS limitations including any applicable catch-up provisions, certify transactions, such as hardship withdrawals, comply with IRS regulations and remit contributions to the investment providers. Five proposals were solicited from third party vendors and four companies responded. Attached is a matrix which demonstrates that over time as anticipated participation increases, fees for TSA Consulting Group will remain lower as they charge per eligible employee versus participating employee. They are not charging us any set-up fees and will also administer our 457(b) deferred compensation plan. Although fees are not the only factor, they are a consideration. TSA Consulting Group will provide the above needed services at a lower cost. References were available and those contacted were very satisfied with TSA Consulting Group’s service.
MOTION: I move that the Board of Education approve the contract with TSA Consulting Group, Inc. to act as the District’s 403(b) plan third party administrator.
9:04 AM 7/17/2008
NILES TOWNSHIP HIGH SCHOOL DISTRICT 219 403(B) THIRD PARTY ADMINISTRATORS FEES
Vendors Gatekeeper Administration & Consulting, LLC
TSA Consulting Group, Inc.
PenServ Plan Services
$36 per year per $8 per year per $30 per year per Annual administration fee structure participating eligible participating employee employee employee
Base fee/data collection/vendor review (1st year only) $
Annual administration Annual administration Annual administration Annual administration
Eligible Employees 1,165 1,165 1,165 1,165
Participating Employees 309 400 500 600
$ $ $ $
5,096.25
6,912.00 10,188.00 13,788.00 17,388.00
Waived
$ $ $ $
9,320.00 9,320.00 9,320.00 9,320.00
CPI Common Remitter & Compliance Oversight Services $36 per year per participating employee
$
350.00
$
1,500.00
$ $ $ $
9,270.00 12,000.00 15,000.00 18,000.00
$ $ $ $
11,124.00 14,400.00 18,000.00 21,600.00
Includes $4,212.00 in vendor credits (certain vendors have agreed to pay the fee).
TPA matrix.xls
CONSULTING GROUP, INC. EPARS Subscription Agreement 1.0 PART 1 LICENSED SOFTWARE/ADDITIONAL TERMS 1.
Licensed Software. TSA Consulting Group Inc. is owner of a software product known as Electronic Process for Automated Remittance Services or “EPARS”, which, among other things as of the date set forth on the Adoption Form, is designed to support and facilitate: (i) the input and transmittal of Employer and/or Participant Data, and (ii) the transfer of Employer and/or Participant Contribution Remittances through banking institutions as regulated by the Federal Reserve System, is licensed pursuant to this Schedule.
2.
Definitions. The following definitions are used in this Schedule as defined below: “Subscription Adoption Agreement” shall mean the document (Exhibit A) outlining the specific administrative guidelines selected by the Licensee with regard to the transmission of Employer and Participant Data and Contribution Remittances to Authorized Provider Companies, error correction and transaction fees applicable to the Authorized Provider Companies and/or the Licensee. “Authorized Provider Companies” shall mean any organization authorized by the Employer to provide products and/or services pursuant to an established Employer benefit program. “Bank Transfer Agent” shall mean the bank listed in the current addendum 1.1 “Bank Information and Fee Schedule” to this Subscription Agreement and subsequently responsible for the transfer of data and funds received from the Licensee to Authorized Provider Companies. “Contribution Remittances” shall mean monetary employer contributions and/or employee contributions to Authorized Provider Companies or payments or Designated Entities. “Designated Entities” shall mean any person, organization or governmental agency to whom the Licensee or Employee is bound by authorization or legal order to remit payments. “Employer Data” shall mean information specific to the Licensee and pertinent to the accurate remittance of Employer or Participant remittances. “Licensee” shall mean the Employer/User of the EPARS software product. “Participant” shall mean the Employee for whom payroll deduction or reduction remittances are processed or for whom Employer Contribution Remittances are made. “Participant Data” shall mean information specific to the Participant and pertinent to the accurate remittance of Employer or Participant remittances.
3.
Restrictions on Use. a) Licensee shall only use the Licensed Materials for its own internal business purposes. Without derogating the generality of the foregoing, (i) Licensee shall not use or allow others to use the Licensed Materials in a multiple-use arrangement or as a part of a service bureau without the prior written consent of TSA Consulting Group, Inc.
4.
Licensee’s Obligations. a) Licensee is obligated to abide by the EPARS Adoption Agreement provisions selected by the Licensee during the term of the Subscription Agreement. b) The Licensee acknowledges that the provisions of the Adoption Agreement must be congruent with the policies and guidelines established for the employee benefit programs supported by EPARS. c) The Licensee acknowledges the role and responsibilities of TSA Consulting Group to install and maintain the EPARS software for the Licensee and the need for the Licensee to communicate changes regarding Authorized Provider Companies or bank relationships to TSA Consulting Group on a timely basis. d) The Licensee acknowledges the need to communicate with both TSA Consulting Group and Authorized Provider Companies regarding the resolution of errors or omissions that may occur during the Licensee’s preparation and submission of Employer and Participant Data or the application of the Employer and Participant Data by the Authorized Provider Company.
5.
Licensed Software Limitations. Neither TSA Consulting Group nor the Bank Transfer Agent guarantees that remittances will be credited to participant accounts within any specified period of time after transfer of the data and funds to Authorized Provider Companies. Licensee acknowledges the role and responsibilities of the Licensee with respect to the use of EPARS and the preparation of Employer and Participant Data and the role and responsibilities of the Authorized Provider Companies regarding the proper application of data and funds transferred using EPARS.
6.
Use of Licensed Software. Licensee will use the Licensed Software to submit Employer and Participant Data to the Bank Transfer Agent and Authorized Provider Companies. Licensed Software is intended to allow the Licensee to transfer bundled Employer and Employee Data via a secure Internet site to Authorized Provider Companies. The Licensed Software will separate Employer and Participant Data and transfer said Data specific to each Authorized Provider Company. The Licensed Software will also allow the Licensee to provide instructions to the Bank Transfer Agent regarding funds transfer to each specific Authorized Provider Company.
7.
Compliance with Law. Licensee understands that it is responsible for complying with any applicable federal, state or local statutes, regulations or ordinances governing or regulating the remittance of Employer and Participant Data and Contributions.
8.
Recordkeeping. Licensee acknowledges and agrees that it may be required to maintain records of certain data pursuant to federal or state laws and regulations. Licensee understands and agrees that: (i) it bears sole responsibility for such obligation; (ii) it may need to download data into its own systems storage facilities or print out hard copies of such data from the Licensed Software in order to generate or obtain information necessary to meet such recordkeeping requirements; and (iii) in no event will TSA Consulting Group be responsible for maintaining any such data for Licensee. TSA Consulting Group will make every reasonable attempt to assist the Licensee in the maintenance and retrieval of records pertaining to Employer and Participant Data and Contribution Remittances.
9.
Restrictions. Licensee shall not directly, or permit others to: (i) disassemble, decompile or otherwise derive source code from the Licensed Software; (ii) reverse engineer the Licensed Software or the services; (iii) copy the Licensed Software; (iv) use the Licensed Software or services in any manner that infringes the intellectual property or other rights of another party; or (v) transfer the Licensed Software or any copy thereof or access to the Services to another party without the express prior written consent of TSA Consulting Group.
10.
Term and Termination. This Agreement is effective upon the Licensee’s assent to its terms and conditions and shall continue for the period agreed upon by the Licensee and TSA Consulting Group. This Agreement may be modified, amended or terminated by either party upon 60 days written notice to the other party, provided that no such modification, amendment or termination shall affect the liability of either party incurred prior to such event. Any amendment or termination shall include, but not be limited to 60 days notice prior to the end of any fiscal year. This Agreement may be terminated, without cause, by either the Licensee or TSA Consulting Group with at least sixty (60) days notice.
11.
Confidentiality. All data processed through EPARS is considered confidential, including, without limitation, the information pertaining to the Licensed Software. The Licensee and TSA Consulting Group agree to hold all data and information in confidence both during the term of this Agreement and thereafter. The parties further agree, unless required by law, not to make data or information available in any form to any third party for any purpose other than the implementation of this Agreement.
12.
Survival. If any provision of this agreement shall be held or declared to be illegal, invalid or unenforceable, such illegal, invalid or unenforceable provisions shall not affect any other provision of this agreement, and the remainder of this agreement shall continue in full force and effect as though such provisions had not been contained in this agreement. If the scope of any provision in this agreement is found to be too broad to permit enforcement of such provision to its fullest extent, the parties consent to judicial modification of such provision and enforcement to the maximum extent permitted by law. Any provisions of this Agreement that contemplate their continuing effectiveness, including, without limitation, Sections 4, 6, 7, 8, 9 and 11 shall survive any termination of this Agreement.
We, the undersigned as duly authorized representatives, agree to all the terms and conditions stated above, and by our signatures, place this Agreement into full force and effect as __________________________________, 20____. __________________________SCHOOL BOARD
TSA CONSULTING GROUP, Inc.
By:_____________________________________
By:___________________________________
Title____________________________________
Title__________________________________
By:_____________________________________
By:___________________________________
Title____________________________________
Title__________________________________
Exhibit A EPARS Subscription Adoption Agreement The Agreement (Agreement) sets forth the administrative guidelines selected by the Licensee with regard to the transmission of Employer and Participant Data and Contribution Remittances to Authorized Provider Companies (APC), error correction and transaction fees applicable to the Authorized Provider Companies and/or the Licensee. I.
Licensee:
Name ______________________________________________________ Address_____________________________________________________ Federal Tax I.D. Number_______________________________________
II.
EPARS Guidelines: A. Transmission of Employer and Participant Data The Licensee requires Authorized Provider Companies to accept data in the following manner(s): EPARS transmission to APC secure File Transfer Protocol (FTP) site. APC retrieval of Data from EPARS secure FTP site. Encrypted e-mail or attachment to data transmitted to APC. B. Contribution Remittance/ Funds Transmittal Requirements The Licensee requires Authorized Provider Companies to accept Contribution Remittance Funds in one of the following methods: ACH transfers of funds to APC bank. (Direct Deposit) and/or paper check mailed to APC via regular mail (Digital Signature Required) C. EPARS Fees The Licensee acknowledges the administrative costs of EPARS borne by TSA Consulting Group and will require Authorized Provider Companies to agree to payment of the following fees: 1. Licensee Set-up Fees: $ N/A Licensee Fee $ N/A per Authorized Provider Company (initial one-time fee) 2. Licensee Maintenance Fees: $ N/A Annually 3. Licensee Transaction Fees: $ (See Addendum 1.1) per month fee for Authorized Provider Companies that refuse payment of EPARS transaction fees 4. Authorized Provider Company Transaction Fees: $ (See Addendum 1.2) per month fee (regardless of the number of transactions)
III.
Licensee Options: A. Licensee may require all or some Authorized Provider Companies to pay transaction fees associated with EPARS and recognizes that TSA Consulting Group is responsible for the collection of fees described herein. In the event that the Licensee elects to waive fee requirements for any or all Authorized Provider Companies or in the event that any Authorized Provider Company refuses or fails to pay the fees described herein, the Licensee elects to take the following action(s): 1.
Remove the APC immediately and cease all contribution remittances to the APC. (Participants will be required to re-direct future contributions)
2.
Suspend the APC from all future marketing activity (enrollment) for 6 months and cease all subsequent contribution remittances, or
3.
Suspend the APC from all future marketing activity (enrollment) and continue all contribution remittances indefinitely.
4.
Waive EPARS fees for selected providers. (I.e. “no-load providers”)
3 months
NOTE: In the event that the Licensee elects to waive EPARS fees under Option 3 (for more than 6 months) or under Option 4, the Licensee agrees to pay the EPARS transaction fee otherwise applicable to the APC(s). The Licensee hereby adopts the EPARS Subscription Agreement with the provisions selected above. Modifications or amendments to the Adoption Agreement shall be by mutual consent of the Licensee and TSA Consulting Group. Adopted this ___________ day of ____________________________, 20___. ___________________________ School Board By: ___________________________________
By: _____________________________________
Title: __________________________________
Title: ____________________________________
15 Yacht Club Drive NE Ft. Walton Beach, FL 32548
EPARS Subscription Agreement 1.0 Addendum 1.1 - Employer Bank Information and Fee Schedule
Effective May 7, 2007
This addendum to the Employer Subscription Agreement 1.0 identifies and discloses the appropriate financial institution serving as the Bank Transfer Agent for the Electronic Process for Automated Remittance Services (EPARS) as well as the fees applicable to the Employer Subscription Agreement. TSA Consulting Group, Inc. assumes sole responsibility for the maintenance of EPARS. Therefore, the Bank Transfer Agent and fee schedule may be changed at any time as deemed necessary by TSA Consulting Group, Inc to ensure the proper function and viability of EPARS. Notice of any changes shall be forwarded to the Employer and Authorized Provider Company at least 30 days prior to the effective date of any changes. Bank Transfer Agent: Wachovia Bank, N. A. Treasury Services Department 225 Water Street, 2nd Floor FL0120 Jacksonville, FL 32202 Fee Schedule: Set-up Fees: $ 0.00 Licensee Fee $ 0.00 per Authorized Provider Company (initial one-time fee) Maintenance Fees: $ 0.00 Annually Transaction Fees: $ 0.00 for Authorized Provider Companies accepting EPARS fee-based ACH transactions under the terms and conditions of Employer Subscription Agreement Addendum 1.2 – Vendor Bank Information and Fee Schedule. $ 0.00 per month for Authorized Provider Companies that refuse payment of EPARS transaction fees. Transaction – Any transmission initiated by the Employer via EPARS in which a Contribution Remittance and Employer and Participant Data is delivered to an Authorized Provider Company.
850-244-7306 ● FAX: 850-244-7308 ● Toll Free: 888-777-5827
15 Yacht Club Drive NE Ft. Walton Beach, FL 32548
EPARS Subscription Agreement 1.0 Addendum 1.2 - Vendor Bank Information and Fee Schedule
Effective May 7, 2007
This addendum to the Employer Subscription Agreement 1.0 identifies and discloses the appropriate financial institution serving as the Bank Transfer Agent for the Electronic Process for Automated Remittance Services (EPARS) as well as the fees applicable to the Employer Subscription Agreement. TSA Consulting Group, Inc. assumes sole responsibility for the maintenance of EPARS. Therefore, the Bank Transfer Agent and fee schedule may be changed at any time as deemed necessary by TSA Consulting Group, Inc to ensure the proper function and viability of EPARS. Notice of any changes shall be forwarded to the Employer and Authorized Provider Company at least 30 days prior to the effective date of any changes. Bank Transfer Agent: Wachovia Bank, N. A. Treasury Services Department 225 Water Street, 2nd Floor FL0120 Jacksonville, FL 32202 Fee Schedule: Set-up Fees: $ 0.00 Set-up Fee $ 0.00 per Authorized Provider Company (initial one-time fee) Maintenance Fees: $ 0.00 Annually Transaction Fees: $ 0.00 per month (regardless of the number of transactions) Transaction – Any transmission initiated by the Employer via EPARS in which a Contribution Remittance and Employer and Participant Data is delivered to an Authorized Provider Company.
850-244-7306 ● FAX: 850-244-7308 ● Toll Free: 888-777-5827
NILES TOWNSHIP HIGH SCHOOL DISTRICT 219 Business Office Memorandum DATE:
July 21, 2008
TO:
Dr. Nanciann Gatta Board of Education
FROM:
Paul O’Malley
RE:
Tax Objection Complaint Intervention
The school district has always retained the right to intervene before the Property Tax Appeals Board. However, a recent decision before the Illinois Supreme Court has granted the right of the District to challenge complaints filed in the Circuit Court.
The following attachment that was provided by Franczek Sullivan P.C. to act on behalf of the Niles Township Property Tax Appeals Cooperative will allow us to move forward in challenging future complaints before the Circuit Court.
MOTION:
I move the Board of Education authorize Franczek Sullivan P.C. to act on
our behalf in the Niles Township Property Tax Appeals Cooperative regarding tax objection complaints.
FRANCZEK
SULLIVAN P.C. ATTORNEYS AT LAW
MICHAEL J. HERNANDEZ 312-786-6124
[email protected]
300 SOUTH WACKER DRIVE SUITE 3400 CHICAGO, ILLINOIS 60606 PHONE 312-986-0300 FAX 312-986-9192 www.franczek.com
MEMORANDUM AJTOBNET-CLIENT PRIVILEGED COMMUNICATION TO:
Paul O'Malley Business Manager Niles Township High School District No. 219
FROM:
Michael J. Hernandez
DATE:
July 10, 2008
RE:
Tax Objection Complaint Intervention Update
Niles Township High School District No. 219 has intervened before the Property Tax Appeal Board for a number of years in assessment cases through its participation in the Niles Township Property Tax Appeal Cooperative. These cases, however, are only one venue at which property owners may seek tax refunds. The other venue is Circuit Court. Even though tax objection complaints in the Circuit Court result in considerable refunds for many taxing districts, the law had not previously provided these districts the ability to participate in Circuit Court cases. Recently the Illinois Supreme Court issued an opinion (Madison Two Associates v. Pappas) firmly establishing the right of taxing agencies to intervene in property tax objection complaints filed in Circuit Court. This ability to intervene is subject only to the limitations contained in the Illinois Code of Civil Procedure. District No. 219 contributed 381065.1
FRANCZEK
SULLIVAN P.C. July 10, 2008 Page 2
ATTORNEYS AT LAW
to this outcome by joining many other school districts in filing a friend-of-the-court brief. Now, we would like to address the issue of exercising this newly found right. In order to intervene, District No. 219 will need to pass a resolution authorizing us to file the necessary motion before the court. Because there is always uncertainty as to how courts will handle new legal procedures, it is best that the resolution specifically identify the properties and cases in which you would like us to intervene. We have identified three properties in District No. 219 that currently have tax objection complaints pending in Cook County Circuit Court. Address Property Old Orchard Shopping Center 9200 Skokie Blvd.
Case No.
Current AV
07 COTO 2472
$59,043,700
FCSkokie,LLC
4901 Searle Parkway
07 COTO 586
$7,048,897
Rand McNaUy& Company
8255 Central Park Ave.
07 COTO 1969
$4,498,482
ESTIMATED REFUND EXPOSURE Refund calculations are based on the 2006 equalization factor of 2.7076 and the 2006 property tax rate of 2374% for District No. 219.
Property Old Orchard Shopping Center FC Skokie, LLC Rand McNallv & Company Total
Assessed Value $59,043,700 $7,048,897 $4,498,482
Refund: 15% Reduction
Refund: 25% Reduction
$569,285 $67,964 $43,373 $680,622
$948,809 $113,273 $72,289
$1,134,371
381065.1
FRANCZEK
SULLIVAN P.C. ATTORNEYS AT LAW
July 10, 2008
Page 3 Attached are three resolutions for your consideration that authorize us to intervene in these three cases. Also attached is a litigation budget for these cases. Please do not hesitate to contact me with any questions or concerns.
381065.1
ATTORNEY-CLIENT PRIVILEGED
MEMORANDUM TO:
Paul O'Malley, Business Manager, Niles Township High School District No. 219
FROM:
Michael J. Hernandez, Franczek Sullivan P.C.
DATE:
July 10, 2008
RE:
Litigation Budget for Proposed Intervention in Tax Objection Complaints (Per Case)
BUDGET Activity Preliminary Activities through Filing Motion to Intervene (identify tax objection complaints, prepare board resolution, prepare motion to intervene, related research) Defending Motion to Intervene (if necessary) (prepare court filings/motions, draft legal briefs, court argument) Pre-Trial Preparation (obtain appraisal report, discovery, depositions, motion practice, evaluate settlement options, and advise client) Appraisal (by independent MAI appraiser) Total Estimated Range:
Total Cost
District 219 Estimated Share1
$1,500 to $3,000
$600 to $1,200
$2,000 to $4,000
$800 to $1,600
$2,000 to $4,000
$800 to $1,600
$5,000 to $10,000 $10,500 to $21,000
$2,000 to $4,000 $4,200 to $8,400
Should a case go to trial, as with cases that go to hearing before PTAB, additional costs would be incurred. A trial, if necessary, would require the preparation of witnesses, presentation of the District's evidence, and argumentation in Circuit Court. Prior to trial, a trial litigation budget can be submitted for consideration.
1
The estimated share is based on District No. 219 paying approximately 40% of the expenses charged to the Niles Township Property Tax Appeal Cooperative.
381067.1
Resolution Authorizing Intervention in Tax Objection Proceeding Pending in the Circuit Court of Cook County WHEREAS, the taxpayer of record for the real property identified by permanent index numbers: 10-09-411-071-0000; 10-09-411-073-0000; 10-09-411-076-0000; 10-09-411-078-0000; 10-09-411-079-0000; 10-09-411-082-0000; 10-09-423-044-0000; with the common address of 9200 Skokie Boulevard, Skokie, Illinois (the "Subject Property"), has filed a tax objection complaint docketed as 2007 COTO 2472 (the "Tax Objection Complaint") challenging the assessed value of the Subject Property in the Circuit Court of Cook County; and WHEREAS, the Tax Objection Complaint seeks a reduction in the assessed value of the Subject Property; and WHEREAS, a reduction in the assessed value of the Subject Property granted by the Circuit Court of Cook County will lead to the issuance of a real estate tax refund from Board of Education of Niles Township High School District No. 219 (the "Board"); and WHEREAS, the total dollar amount of all real estate tax refunds during a given year constitute a significant and ongoing expense of the Board; and WHEREAS, the dollar amount of the potential refund in this Tax Objection Complaint constitutes a significant and detrimental loss of revenue for the Board; and WHEREAS, the Illinois Supreme Court has ruled in Madison Two Associates v. Poppas, 227 111. 2d 474, 884 N.E. 2d 142 (2008), that a taxing district may intervene in Tax Objection Complaint proceedings before a circuit court in accordance with the requirements of the Illinois Code of Civil Procedure (735 ELCS 5/1-101 etseq.); and WHEREAS, in Tax Objection Complaints, "[The] County is clearly not the only real party in interest. Numerous taxing districts . . . also have a legally cognizable interest in the outcome of these proceedings." Madison Two Associates at 11; and
376795.4
WHEREAS, the "legally cognizable interest" of taxing agencies in Tax Objection Complaints was "recognized by the General Assembly itself when it enacted the Property Tax Code." Id. at 14; and WHEREAS, the Illinois Supreme Court and County officials have "a reasonable expectation" that intervention by taxing agencies in Tax Objection Complaints will "compliment rather than inhibit the ongoing efforts of the State's Attorney" to defend the current assessment; Id. at 12; and WHEREAS, "Taxing districts have a direct and immediate stake in how assessment challenges are decided, for if assessments are ultimately found to be excessive, the portion of the taxes attributable to the over assessment must be refunded, and the tax proceeds available to the taxing districts will necessarily be reduced." Id. at 14; and WHEREAS, the Board has determined that it is necessary, desirable, advantageous, and in the public interest to defend the Board's real property tax revenue by intervening in the Tax Objection Complaint pending on the Subject Property. NOW THEREFORE, BE IT HEREBY RESOLVED, by the Board of Education of Niles Township High School District No. 219, Cook County, Illinois, as follows: 1. The Board finds that the recitals contained above are true and correct, and that the same are hereby incorporated herein by reference. 2. The Board hereby authorizes Franczek Sullivan P.C., as its legal representative, to: a) file a Petition to Intervene in Cook County Circuit Court Case No. 2007 COTO 2472, and b) represent the Board's interests in this proceeding. 3. All motions and resolutions or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. 4. 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 sections, paragraphs, clauses, or provisions of this Resolution. 5. This Resolution shall be in force and effect upon its adoption. After a full and complete discussion thereof, Member foregoing Resolution be adopted and Member
moved that the seconded the motion.
376795.4
The President directed the Secretary to call the roll for a vote upon the motion to adopt this Resolution. Upon a roll call vote taken, the Board of Education voted as follows: AYES: NAYS: Abstaining: PRESENT: Absent from Meeting:
The President declared the motion carried and the Resolution duly adopted.
Dated:
By: President, Board of Education
ATTEST:
Secretary, Board of Education
376795.4
Resolution Authorizing Intervention in Tax Objection Proceeding Pending in the Circuit Court of Cook County WHEREAS, the taxpayer of record for the real property identified by permanent index numbers: 10-23-406-016-0000; 10-23-406-040-0000; 10-23-409-001-0000; with the common address of 8255 Central Park Avenue, Skokie, Illinois (the "Subject Property"), has filed a tax objection complaint docketed as 2007 COTO 1969 (the "Tax Objection Complaint") challenging the assessed value of the Subject Property in the Circuit Court of Cook County; and WHEREAS, the Tax Objection Complaint seeks a reduction in the assessed value of the Subject Property; and WHEREAS, a reduction in the assessed value of the Subject Property granted by the Circuit Court of Cook County will lead to the issuance of a real estate tax refund from Board of Education of Niles Township High School District No. 219 (the "Board"); and WHEREAS, the total dollar amount of all real estate tax refunds during a given year constitute a significant and ongoing expense of the Board; and WHEREAS, the dollar amount of the potential refund in this Tax Objection Complaint constitutes a significant and detrimental loss of revenue for the Board; and WHEREAS, the Illinois Supreme Court has ruled in Madison Two Associates v. Poppas, 227 111. 2d 474, 884 N.E. 2d 142 (2008), that a taxing district may intervene in Tax Objection Complaint proceedings before a circuit court in accordance with the requirements of the Illinois Code of Civil Procedure (735 ILCS 5/1--101 etsea.); and WHEREAS, in Tax Objection Complaints, "[The] County is clearly not the only real party in interest. Numerous taxing districts . . . also have a legally cognizable interest in the outcome of these proceedings." Madison Two Associates at 11; and WHEREAS, the "legally cognizable interest3' of taxing agencies in Tax Objection Complaints was "recognized by the General Assembly itself when it enacted the Property Tax Code." Id. at 14; and
376795.6
WHEREAS, the Illinois Supreme Court and County officials have "a reasonable expectation" that intervention by taxing agencies in Tax Objection Complaints will "compliment rather than inhibit the ongoing efforts of the State's Attorney" to defend the current assessment; Id. at 12; and WHEREAS, "Taxing districts have a direct and immediate stake in how assessment challenges are decided, for if assessments are ultimately found to be excessive, the portion of the taxes attributable to the over assessment must be refunded, and the tax proceeds available to the taxing districts will necessarily be reduced." Id. at 14; and WHEREAS, the Board has determined that it is necessary, desirable, advantageous, and in the public interest to defend the Board's real property tax revenue by intervening in the Tax Objection Complaint pending on the Subject Property. NOW THEREFORE, BE IT HEREBY RESOLVED, by the Board of Education of Niles Township High School District No. 219, Cook County, Illinois, as follows: 1. The Board finds that the recitals contained above are true and correct, and that the same are hereby incorporated herein by reference. 2. The Board hereby authorizes Franczek Sullivan P.C., as its legal representative, to: a) file a Petition to Intervene in Cook County Circuit Court Case No. 2007 COTO 1969, and b) represent the Board's interests in this proceeding. 3. All motions and resolutions or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. 4. 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 sections, paragraphs, clauses, or provisions of this Resolution. 5. This Resolution shall be in force and effect upon its adoption. After a full and complete discussion thereof, Member moved that the foregoing Resolution be adopted and Member seconded the motion. The President directed the Secretary to call the roll for a vote upon the motion to adopt this Resolution. Upon a roll call vote taken, the Board of Education voted as follows: AYES:
376795.6
NAYS: Abstaining: PRESENT: Absent from Meeting:
The President declared the motion carried and the Resolution duly adopted.
Dated:
By: President, Board of Education
ATTEST:
Secretary, Board of Education
376795.6
Resolution Authorizing Intervention in Tax Objection Proceeding Pending in the Circuit Court of Cook County WHEREAS, the taxpayer of record for the real property identified by permanent index numbers: 10-21-402-066-0000; 10-21-402-067-0000; 10-21-402-068-0000; 10-21-402-069-0000; 10-21-411-001-0000; 10-21-415-014-0000; 10-21-415-026-0000; 10-21-415-028-0000; 10-21-415-029-0000; with the common address of 4901 Searle Parkway, Skokie, Illinois (the "Subject Property"), has filed a tax objection complaint docketed as 2007 COTO 586 (the "Tax Objection Complaint") challenging the assessed value of the Subject Property in the Circuit Court of Cook County; and WHEREAS, the Tax Objection Complaint seeks a reduction in the assessed value of the Subject Property; and WHEREAS, a reduction in the assessed value of the Subject Property granted by the Circuit Court of Cook County will lead to the issuance of a real estate tax refund from Board of Education of Niles Township High School District No. 219 (the "Board"}; and WHEREAS, the total dollar amount of all real estate tax refunds during a given year constitute a significant and ongoing expense of the Board; and WHEREAS, the dollar amount of the potential refund in this Tax Objection Complaint constitutes a significant and detrimental loss of revenue for the Board; and WHEREAS, the Illinois Supreme Court has ruled in Madison Two Associates v. Poppas, 227 111. 2d 474, 884 N.E. 2d 142 (2008), that a taxing district may intervene in Tax Objection Complaint proceedings before a circuit court in accordance with the requirements of the Illinois Code of Civil Procedure (735 ILCS 5/1—101 etseq.); and
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WHEREAS, in Tax Objection Complaints, "[The] County is clearly not the only real party in interest. Numerous taxing districts . . . also have a legally cognizable interest in the outcome of these proceedings." Madison Two Associates at 11; and WHEREAS, the "legally cognizable interest" of taxing agencies in Tax Objection Complaints was "recognized by the General Assembly itself when it enacted the Property Tax Code." Id. at 14; and WHEREAS, the Illinois Supreme Court and County officials have "a reasonable expectation" that intervention by taxing agencies in Tax Objection Complaints will "compliment rather than inhibit the ongoing efforts of the State's Attorney" to defend the current assessment; Id. at 12; and WHEREAS, "Taxing districts have a direct and immediate stake in how assessment challenges are decided, for if assessments are ultimately found to be excessive, the portion of the taxes attributable to the over assessment must be refunded, and the tax proceeds available to the taxing districts will necessarily be reduced." Id. at 14; and WHEREAS, the Board has determined that it is necessary, desirable, advantageous, and in the public interest to defend the Board's real property tax revenue by intervening in the Tax Objection Complaint pending on the Subject Property. NOW THEREFORE, BE IT HEREBY RESOLVED, by the Board of Education of Niles Township High School District No. 219, Cook County, Illinois, as follows: 1. The Board finds that the recitals contained above are true and correct, and that the same are hereby incorporated herein by reference. 2. The Board hereby authorizes Franczek Sullivan P.C., as its legal representative, to: a) file a Petition to Intervene in Cook County Circuit Court Case No. 2007 COTO 586, and b) represent the Board's interests in this proceeding. 3. All motions and resolutions or parts thereof in conflict with the provisions of this Resolution are, to the extent of such conflict, hereby repealed. 4. 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 sections, paragraphs, clauses, or provisions of this Resolution. 5. This Resolution shall be in force and effect upon its adoption.
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After a full and complete discussion thereof, Member moved that the foregoing Resolution be adopted and Member seconded the motion. The President directed the Secretary to call the roll for a vote upon the motion to adopt this Resolution. Upon a roll call vote taken, the Board of Education voted as follows: AYES: NAYS: Abstaining: PRESENT: Absent from Meeting:
The President declared the motion carried and the Resolution duly adopted.
Dated:
By: President, Board of Education
ATTEST:
Secretary, Board of Education
376795.5
NILES TOWNSHIP HIGH SCHOOL DISTRICT #219 FINANCIAL REPORT JUNE 30, 2008
FUND EDUCATIONAL TORT/LIABILITY OPERATIONS & MAINT. BOND & INTEREST TRANSPORTATION IMRF/FICA SITE & CONSTRUCTION WORKING CASH LIFE SAFETY TOTAL ALL FUNDS
BEGINNING FUND BALANCE $14,167,464 $5,232,320 $6,676,965 $5,263,259 $3,031,587 $3,769,423 $0 $18,048,372 $2,531,269
YEAR TO DATE REVENUE $84,597,143 $6,338,412 $14,518,879 $106,145,609 $4,846,805 $2,343,211 $10,547,931 $2,978,294 $1,921,318
YEAR TO DATE EXPENDITURES ($73,652,540) ($3,686,553) ($12,758,075) ($105,729,193) ($4,101,282) ($2,626,055) ($28,450) $0 ($365,150)
*ENDING PURCHASE FUND ORDERS BALANCE OUTSTANDING $25,112,067 $0 $7,884,179 $0 $8,437,769 $0 $5,679,675 $0 $3,777,110 $0 $3,486,579 $0 $10,519,481 $0 $21,026,666 $0 $4,087,437 $0
$58,720,659
$234,237,602
($202,947,298)
$90,010,963
CASH & INVESTMENTS $25,094,383 $7,884,179 $8,437,769 $5,679,675 $3,777,110 $3,486,579 $10,519,481 $21,026,666 $4,087,437
OTHER ASSETS $51,717 $0 $0 $0 $0 $0 $0 $0 $0
LIABILITIES ($34,033) $0 $0 $0 $0 $0 $0 $0 $0
FUND BALANCE $25,112,067 $7,884,179 $8,437,769 $5,679,675 $3,777,110 $3,486,579 $10,519,481 $21,026,666 $4,087,437
$89,993,279
$51,717
($34,033)
$90,010,963
$0
*Unaudited
FUND EDUCATIONAL TORT/LIABILITY OPERATIONS & MAINT. BOND & INTEREST TRANSPORTATION IMRF/FICA SITE & CONSTRUCTION WORKING CASH LIFE SAFETY TOTAL ALL FUNDS
FY 08 ANNUAL BUDGET (INCLUDES OPERATING TRANSFERS)
FUND EDUCATIONAL TORT/LIABILITY OPERATIONS & MAINT. BOND & INTEREST TRANSPORTATION IMRF/FICA SITE & CONSTRUCTION WORKING CASH LIFE SAFETY
REVENUE $76,128,373 $5,188,391 $19,637,443 $8,056,800 $6,159,094 $2,408,578 $0 $2,752,791 $2,270,866
EXPENDITURES $76,694,598 $3,550,075 $12,726,394 $7,309,551 $4,191,758 $2,589,069 $0 $917,000 $479,000
TOTAL ALL FUNDS
$122,602,336
$108,457,445
MONTH MONTH MONTH TO DATE TO DATE TO DATE REVENUE EXPENDITURES PO'S CREATED $1,130,371 $10,083,762 $468,589 $54,965 $588,677 $331,288 $86,648 $1,755,749 $2,142,295 $46,328 $2,011,873 $0 $23,962 $658,700 $121,680 $22,675 $328,797 $0 $36,251 $0 $0 $78,049 $0 $0 $21,103 $47,108 $56,432 $1,500,352
$15,474,666
$3,120,284
NILES TOWNSHIP HIGH SCHOOLS - DISTRICT #219 REVENUE, EXPENDITURES AND FUND BALANCES 7/1/2007 - 6/30/2008
$110,000,000 $100,000,000
BEG. FUND BALANCE
$90,000,000
YTD REVENUE
$80,000,000
YTD EXPENDITURES ENDING FUND BALANCE
$70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000
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District 219 Green Effort Staff Shuttle from the Skokie Swift and the Morton Grove Metra Train Station In a “green effort” to establish a staff shuttle from the Skokie Swift CTA station and Morton Grove Metra station to Niles North and West, we have adjusted the hours of two district security drivers. This modification of hours will allow the district to implement the staff shuttle with no additional labor costs. The drivers will be available to shuttle the staff between the hours of 6:00am and 7:30am, before they begin their student routes. The evening routes will run between 3:50pm and 5:00pm. The drivers will be designated from the current evening shift in each building. They will be reassigned from their building duties. Shuttle Timetable Morning Shuttle 6:14am Morton Grove Metra (6:14) 6:23am Skokie Swift 6:33am Arrive at North/West 6:41am Morton Grove Metra (6:41) 6:50am Skokie Swift 7:00am Arrive at North/West 7:04am Morton Grove Metra (7:02) 7:14am Skokie Swift 7:24am Arrive at North/West 7:30am
Begin student transport
Evening Shuttle 3:50pm Depart for Metra 4:08 to Fox Lake Continue on for drop off at Swift 4:25pm
Depart for Metra 4:45 to Fox Lake and Metra 4:52 inbound to Chicago Continue on for drop off at Swift
