Public Meeting Agenda: October 11, 2011 at 6:00 PM - Board of Education Regular Meeting

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October 11, 2011 at 6:00 PM - Board of Education Regular Meeting Agenda

October 11, 2011 at 6:00 PM - Board of Education Regular Meeting
1. LPS BOARD OF EDUCATION INFORMATION
Rationale: 

The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
Attachments:
2. CALL TO ORDER
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. APPROVAL OF MINUTES
Rationale:  Lincoln Board of Education Meeting - September 27, 2011, minutes as presented.
Attachments:
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
6.1. CLC- Lights On Afterschool
7. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.
8. CONSENT AGENDA
Rationale: 
8.1. HUMAN RESOURCE MATTERS
Rationale:  The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda, the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the District; and take action on all other matters within the scope of the Office of Risk Management.

EXPLANATION
This report includes routine Human Resources changes:
a.      Administrator Certificated Employees:
               Substitute Administrator Elections – 1
b.      Certificated Employees:
               Changes of Status – 3
               Leaves of Absence – 11
               Separations – 1
c.       Substitute Certificated Employees:
               Elections – 24
               Changes of Status – 1
               Separations – 2
d.      Classified Employees:
               Elections – 33
               Changes of Status – 5
               Separations – 28
e.      Recommend insurance settlement for the Lincoln
         Public Schools District Office fire.


*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or her designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or her designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.
8.2. ROUTINE BUSINESS
Rationale:  At each meeting, the Board of Education is asked to approve certain items of routine business of the School District.


EXPLANATION

The items included in routine business for this meeting are:
  1. REGULAR CLAIMS – Claims for the periods ending October 11, 2011, were previously provided.

    Insurance ACH Transfer of $45,000.00.

    Federal Tax ACH Deposit of $4,656,942.97.

    Procurement Card ACH Transfer of $124,427.07.

    Office Depot ACH Transfer of $21,145.42.

    Vendor ACH Transfer of $42,062.64.
  2. PAYROLL FOR RATIFICATION – Payroll for the period ending September 30, 2011, in the amount of $13,418,058.78.
  3. GIFTS – Approval for the gifts listed on the attached gift report.
  4. BIDS/CONTRACTS – Bids will be presented for approval for computers for Belmont Elementary School; computers for Everett Elementary School; special education assistive technology software and equipment; a physical fitness testing program; an agreement with Focus on Family Learning, Inc.; an agreement for education services with Grand Island Public Schools; and any other bids and contracts as presented.
8.3. LATE REQUEST FOR ENROLLMENT OPTION OUT 2011-12
Rationale:  March 15, 2011 was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2011-12 school year.  The
Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).

EXPLANATION
 
Requests from students who reside in the Lincoln Public Schools District and wish to attend school outside the Lincoln Public Schools have been received after the March 15, 2011, deadline.  The Lincoln Public Schools Board of Education may deny or approve these requests.   If these requests are approved by the Board of Education, they will be forwarded to the option school district for their approval.

           Student Number                                    Option District

              191741                                              Raymond Central
              221462                                              Raymond Central
8.4. LATE OPTION ENROLLMENT STUDENT APPLICATION FOR 2011-12: RECOMMEND APPROVAL
Rationale:  On March 8, 2011, the Board adopted a resolution to accept option students for the 2011-12 school year.  One of the provisions of the resolution was that applications were to be received by August 12, 2011.  In the resolution, standards were also adopted for acceptance of students whose applications were filed after the August 12, 2011, deadline.  Those standards include the circumstances in which the student is currently enrolled or has been enrolled within the past year in the Lincoln Public Schools.


EXPLANATION

An application for option enrollment for the 2011-12 school year has been received after the August 12, 2011, deadline for student number 211622 who is currently enrolled in the Lincoln Public Schools.  Staff recommends the application for option enrollment be approved.
9. FIRST READING, ACTION AT NEXT MEETING
Rationale:  *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education  Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
9.1. From Board Committees
9.2. From the Superintendent
9.2.1. CONTRACTS FOR BELMONT ADDITION AND EDUCARE FACILITY PROJECT
Rationale:  At its meeting on March 8, 2011, the Board of Education passed a motion to “approve the District's commitment to an Educare program and approve staff continuing with negotiations.”  In furtherance of this action: (a) on May 24, 2011, the Board approved a Petition to Vacate public way and related real estate transaction/conveyance as part of property management and planning for the Educare program facility project; and (b) on June 28, 2011, the Board approved the hiring of Sampson Construction Co., Inc. as a Construction Manager as Constructor (CMC) for a new Belmont Addition project to serve as a “Link” to the Educare program facility project and a method for advertising for bids and proposals for all subcontracts. 

EXPLANATION
 
Negotiations and organizational and facility planning have been ongoing since the passage of
those Board motions and staff, in working with all parties involved, is now able to bring to the Board several additional development documents, contracts, and proposals for the new Belmont Addition “Link” project and Educare program facility project for approval. Those documents, draft copies of which are on file with official District records and documents and which are available for review in the Purchasing Office upon request, include:
 
  1. An organizational agreement for the Educare program facility with the Community Action Partnership (CAP), Lincoln Public Schools (LPS), University of Nebraska (University), the University of Nebraska Foundation (UNL Foundation), and the Buffett Early Childhood Fund (BECF).
  2. Owners Representative agreement between LPS and the UNL Foundation.
  3. Ground lease and lease purchase agreement and operational lease back agreement for the facility.
  4. Architect agreement for the new Belmont Addition “Link” with RDG Schutte Wilscam Birge Inc.
  5. The Church Parking Lot Agreement.
  6. A modified CMC agreement with Sampson Construction Co., Inc. and method for advertising, approval, and allocation and payment among the parties of bids and proposals for all contracts and subcontracts.
  7. Approval of the Guaranteed Maximum Price (GMP) for the new Belmont Addition “Link” project submitted by Sampson Construction Co., Inc. in the sum of $2,387,241 subject to additions and deductions by a change in the Work, the date of Substantial Completion, or other adjustments as provided in the Contract Documents; and pursuant to the Agreement, if the GMP is exceeded, the construction manager shall be responsible for payment from its own resources with no contribution from the owner of the difference between the final price as defined in the Agreement and the GMP as adjusted by change orders, if any.
  8. A playground agreement for the facility.

Staff is recommending that the Board approve the above development documents, contracts and proposals, and related transactions, and authorize the Associate Superintendent for Business Affairs to take all action and sign all documents to complete the new Belmont Addition “Link” project and Educare program facility project.

 














10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.2. From the Superintendent
12. SUPERINTENDENT UPDATE
13. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
14. REQUEST FOR CLOSED SESSION
14.1. REQUEST FOR CLOSED SESSION - NEGOTIATIONS/COLLECTIVE BARGAINING PROPERTY/REAL ESTATE, SECURITY, CRIMINAL MISCONDUCT, PERSONNEL, AND LEGAL ADVICE MATTERS
Rationale: 

The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

EXPLANATION

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL

That the Board hold a closed session:

  1. For strategy session with respect to negotiations/collective bargaining clearly  necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.
  2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
  3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
  4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
  5. For investigative proceedings regarding allegations of criminal misconduct  clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
  6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
  7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

 

15. ADJOURNMENT
16. BOARD OF EDUCATION MEETING INFORMATION
Rationale:  The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
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