Public Meeting Agenda: October 18, 2011 at 7:30 PM - Board of Education Regular Meeting

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October 18, 2011 at 7:30 PM - Board of Education Regular Meeting Agenda

October 18, 2011 at 7:30 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.
2. CALL TO ORDER
Rationale: 
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. APPROVAL OF MINUTES
Rationale:  The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation: The minutes have been prepared for Board approval.
Attachments:
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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. 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:
a. REGULAR CLAIMS – Claims for the periods ending October 18, 2011, were previously provided.

Federal Tax ACH Deposit of $4,473.71.

b. PAYROLL FOR RATIFICATION – Payroll for the period ending October 5, 2011, in the amount of $66,022.50.

c. GIFTS – Approval for the gifts listed on the attached gift report.

d. BIDS/CONTRACTS – Bids/contracts will be presented for approval for an agreement with Heartland Big Brothers Big Sisters for services at Dawes Middle School; an agreement with Bob Rogers Travel for travel services for Lincoln High music students; a real estate easement and conveyance at Kahoa Elementary School; a real estate easement and conveyance at Hartley Elementary School; and any other bids and contracts as presented.
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. LPSDO Relocation
Rationale:  As a consequence of the fire on May 30, 2011, an emergency was declared and it became necessary to replace the Lincoln Public Schools District Offices (LPSDO).  Currently, district offices are in temporary locations throughout our community including at the Celerion and Experian buildings.  In considering a replacement facility, the District implemented a public request for information (RFI) process seeking input and proposals from the community for possible sites and locations.  As a result of the RFI, 33 proposals were submitted for review and consideration.  The District reviewed and considered each of the 33 proposals.  At its September 13, 2011, meeting the Board reduced the number under consideration to 9 and then to 4 at its September 27, 2011, meeting.  The District also modified its decision making, commencement of the design/construction process, and move-in date timeline for the replacement of LPSDO.

EXPLANATION:

The recommended timeline calls for a staff “finalist” recommendation at the October 18, 2011, Board meeting with a Board vote and final selection at the October 25, 2011, meeting.

Staff recommends that the following resolution be adopted.  A simple majority vote is required.
9.2. From Board Committees
9.3. From the Superintendent
10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
10.2.1. 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.

 
10.2.2. CONTRACTS FOR BELMONT ADDITION AND EDUCARE FACILITY PROJECT
Rationale:  4b
11. INFORMATIONAL ITEMS/REPORTS
11.1. From Board Committees
11.2. From the Superintendent
12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
13. 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.
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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