Public Meeting Agenda: September 8, 2020 at 6:00 PM - Board of Education Regular Meeting

1. LPS BOARD OF EDUCATION INFORMATION

Rationale:

Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR.

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. The Lincoln Board of Education shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

5. SPECIAL PUBLIC HEARING ON 2020-21 PROPERTY TAX REQUEST

Rationale: The Board of Education of Lancaster County School District One, also known as Lincoln Public Schools, is conducting this special public hearing pursuant to Section 77-1601.02 and other Nebraska laws. These laws provide that the 2020-2021 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2020-2021 budget which is being considered for formal adoption by the Board of Education later in this meeting. The purpose of this special public hearing is to receive testimony on the proposed property tax request. Any testimony received will be taken into consideration by the Board of Education when action is taken to approve or modify the provided property tax request prior to October 13, 2020. A notice of this special public hearing containing all statutory information has been published in a newspaper of general circulation in the School District at least four days prior to the hearing.

6. 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: (2)

8-24 LPS Public Budget Hearing minutes

8/26/2020 at 1:25 PM
minutes -8-25 Board Meeting

9/4/2020 at 12:09 PM

7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

7.1. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed

Attachments: (1)

9-8 Pandemic Plan Update - Remote Learning

9/8/2020 at 1:28 PM

8. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

9. CONSENT AGENDA

Rationale:

9.1. Human Resources 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. Certificated Employees:
Elections - 6
Leave of Absence - 5
Separations - 9

b. Substitute Certificated Employees:
Elections - 1
Separations - 2

c. Classified Employees:
Elections - 52
Change of Status - 9
Leave of Absence - 3
Separations - 12

Other:
d. Worker's Compensation Lump Sum Settlement - 1
e. Recognition of Employee Associations as the Official Bargaining Agents for 2021-22: The Custodial Employees Association, the Maintenance Employee Association, the Nutrition Service Workers Association, the Lincoln Public Schools Association of Office Professionals, the Lincoln Paraeducators Association, and the Transportation Employees Association

Proposal:
That the Board approve the Human Resources items presented in the attachment(s).*

*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 the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s 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.

9.2. 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:

a. REGULAR CLAIMS - Claims for the period ending September 8, 2020, were previously provided.

                Federal Tax ACH Deposit of $6,697.43.

                Procurement Card ACH Transfer of $190,359.23.

                Blue Cross/Blue Shield ACH Transfer of $5,447,035.34.

                Term Life/Disability ACH Transfer of $195,201.42.

b. PAYROLL FOR RATIFICATION - Payroll for the period ending August 14, 2020, in the amount of $36,457.01.

c. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for the purchase of lexan sheets; agreements for educational services; and infrastructure agreement; and any other bids/contracts/routine business as presented.

Proposal
That the Lincoln Board of Education approve the following items of routine business:

a. The regular claims for period ending September 8, 2020.

b. Payroll for the period ending August 14, 2020.

c. Bids/contracts/other routine business for the purchase of lexan sheets; agreements for educational services; an infrastructure agreement; and any other bids/contracts/routine business as presented.

Attachments: (1)

9-8 Bids & Contracts

9/1/2020 at 2:38 PM

9.3. Option Enrollment Student Applications for 2020-21

Rationale: On February 11, 2020, the Board adopted a resolution to accept option enrollment students for the 2020-21 school year. Applications for enrollment during the 2020-21 school year have been received and are in compliance with the Board resolution of February 11, 2020.

Explanation
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 11, 2020. Staff recommends approval of the applications.

Proposal
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 433634, 433752, 433633, 434677 and 433635 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 11, 2020, with regard to such option students;

THEREFORE, BE IT RESOLVED that the aforementioned students be accepted as option students on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.

Attachments: (1)

Option In 090820 Board Meeting

8/28/2020 at 2:55 PM

9.4. Late Requests for Enrollment Option Out 2020-21

Rationale:

March 15, 2020, 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 2020-21 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 district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2020, deadline. The Lincoln Board of Education may deny or approve these requests. If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number Option District
400959 Waverly
295740 Waverly
438802 Crete
300566 Waverly

Proposal
That the Board approves the requests for option out for the 2020-21 school year.

10. 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.

10.1. From Board Committees

10.1.1. 2020-21 Lincoln Public Schools Property Tax Request

Rationale:

Proper advance notice was given and a special public hearing has been held on whether the School District should exceed its property tax request from the prior year (Attachment One).

Explanation
Pursuant to Section 77-1601.02 and other Nebraska laws, the 2020-2021 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2020-2021 budget which has already been formally adopted by the Board of Education. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2020-2021.

Staff recommends that the resolution below be adopted so that the 2020-2021 budget may be funded as adopted. A simple majority vote is required.

Proposal
That the Board of Education approve the resolution proposed below:

2020-2021 TAX REQUEST RESOLUTION
FOR
Lancaster County School District No. 0001,
a/k/a Lincoln Public Schools

WHEREAS, public notice was given at least four days in advance of a Special Public Hearing called by the Board of Education (hereinafter "the Board") of Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Section 77-1601.02 and other Nebraska laws for the purpose providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether the District’s 2020-2021 school fiscal year property Tax Requests should exceed the District’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying the District’s property Tax Requests for the 2020-2021 school fiscal year for as applicable the General Fund, Special Building Fund, the various Bond Funds, and Qualified Capital Purpose Undertaking Fund of the District; and

WHEREAS, such Special Public Hearing was held before the Board of the District at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of the District, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and,

WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Hearing and has taken such into consideration as part of this action; and,
WHEREAS, the total assessed value of the District property differs from last year's total assessed value for the General Fund, Special Building Fund and Qualified Capital Purpose Undertaking Fund by 3.0991%, for the 1999 Bond Fund by 2.3752%, for the 2006 Bond Fund by 2.5265%, for the 2014 Bond Fund by 2.6309%, and as there was no total assessed value last year for a 2020 Bond Fund the percent increase application is not applicable, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $1.179998 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the District proposes to adopt a property Tax Request that will cause its tax rate to be $1.221966 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the District will exceed last year's by 38 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the Board has now adopted its 2020-2021 school fiscal year budget and after having reviewed the District’s Tax Requests for each of the District’s funds, and after public consideration of the matter, has determined that the Final Tax Requests as listed below are necessary in order to carry out the functions of the District, as determined by the Board in order to correctly fund the budget for the 2020-2021 school fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools that all findings, determinations and the attached Attachment One as set forth above are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference.

BE IT FURTHER RESOLVED that the Board hereby approves and adopts the District’s 2020-2021 school fiscal year property Tax Requests, including the county’s collection fee and any delinquent tax allowances and that (1) the Tax Request for the General Fund should be, and is hereby set at $259,678,999; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $0; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $1,478,328; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $10,978,299; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $7,838,813; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $16,854,368; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $4,532,005; all as totaled and detailed more fully in Attachment One as attached.

BE IT further resolved that if updated valuation, budget, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601 and other Nebraska laws.

Attachments: (1)

9-8 LPS Tax Request - Attachments

8/28/2020 at 9:00 AM

10.2. From the Superintendent

10.2.1. Nebraska Environmental Trust Grant Proposal

Rationale:

The Nebraska Environmental Trust was established in 1992 to conserve, enhance and restore the natural environments of Nebraska. It was created on the conviction that a prosperous future is dependent upon a sound natural environment and that Nebraskans could collectively achieve real progress on real environmental issues if seed money were provided. As such, the Trust invites grant proposals from all across Nebraska to request financial support for innovative ideas that bring public and private partners together collaboratively to implement high-quality, cost-effective projects. The Trust values projects that leverage private investment in conservation and emphasize long-lasting results.

Explanation
Lincoln Public Schools proposes to submit a 3-year application to the Nebraska Environmental Trust for a total project amount of $1.2 million. The proposal is titled "School Campus as a Teaching Tool: LPS New High Schools".  The project will (1) support the design and construction of two innovative and environmentally sustainable campuses and (2) develop displays, online dashboards, and lesson plans to ensure that students, staff, and visitors are able to understand and interact with those sustainable features.

Some highlights from the request include renewable energy, outdoor classrooms, greenhouse, an online building performance dashboard, vegetative roof, wetlands enhancement, and environmental education displays and resources. This will enhance the many sustainable features that LPS is already committed to incorporating onto these campuses such as the geothermal well field system, LED lighting, bio-retention cells, and native landscaping.

The proposal has several community partners on board, including Lincoln Electric System, City of Lincoln Solid Waste Management, and Lower Platte South Natural Resource District.

Proposal
That Board approves the submission of the Nebraska Environmental Trust Grant application for up to $1.2 million for a 36-month period. There is no match requirement.

The grant application is due September 8, 2020. Notification of awards will be given in April 2021.

10.2.2. New High Schools Masonry Package #9877-1

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Masonry on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 1 (Masonry)
Midwest Masonry, Inc. (Lincoln, Nebraska) $8,381,000.00
Seedorff Masonry, Inc. (Strawberry Point, Iowa) $9,016,000.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $8,381,000.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Midwest Masonry, Inc., the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

10.2.3. New NW High School Site Utilities Package #9877-2

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Site Utilities on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 2 (Site Utilities)
K-2 Construction (Lincoln, Nebraska)                                      $1,390,000.00
HR Bookstrom Construction, Inc. (Lincoln, Nebraska) $1,485,000.00
Northridge Outdoor Solutions (Lincoln, Nebraska)   $1,553,466.00
Ray Lipsey, Inc. (Lincoln, Nebraska)   $1,580,500.00
General Excavating Company (Lincoln, Nebraska) $1,771,791.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $1,390,000.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to K-2 Construction, the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

10.2.4. New NW High School Hoisting Package #9877-3

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Hoisting on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 3 (Hoisting)
Patriot Steel & Erection, LLC (Omaha, Nebraska) $875,820.00
Hausmann Construction, Inc. (Lincoln, Nebraska) $1,530,000.00
Crane Service Solutions (Lincoln, Nebraska) $1,647,000.00

One bid was not valid.

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $875,820.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Patriot Steel & Erection, LLC, the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

10.2.5. New High Schools Steel & Precast Package #9877-4

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Steel and Precast on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 4 (Steel & Precast)
Patriot Steel Erection, LLC, (Omaha, Nebraska)                      $2,181,157.62
Davis Erection (Gretna, Nebraska)   $2,865,000.00
Moen Steel Erection, Inc. (Omaha, Nebraska)    $3,427,492.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $2,181,157.62 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Patriot Steel Erection, LLC, the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

10.2.6. New NW High School Hollowcore & Double Tees Package #9877-5

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Hollowcore & Double Tees on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 5 (Hollowcore & Double Tees)
Concrete Industries, Inc. (Lincoln, Nebraska) $406,000.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $406,000.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Concrete Industries, Inc., the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

11. SECOND READING, RECOMMENDED FOR ACTION

11.1. From Board Committees

11.1.1. Newly Annexed Property to the City of Lincoln

Rationale:

The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted. This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.

Explanation
The City of Lincoln has annexed two parcels of land, which automatically brings these properties into the district of Lincoln Public Schools. These properties need to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending:

70th St. & Saltillo Rd. H.S. Site, Annexation Ordinance #20010, for 2020-21 school year: Wysong Elementary School, Moore Middle School, East High School

Iron Ridge PUD, Annexation Ordinance #19005, for 2020-21 school year: Adams Elementary School, Moore Middle School, Southwest High School

Proposal
That the Board approve the proposed attendance area assignments of the newly annexed properties.

Attachments: (1)

9-8 Annexation - Attachments

8/28/2020 at 9:41 AM

11.1.2. 2020-21 Lincoln Public Schools Budget Adoption

Rationale:

The Board of Education held a public hearing on the 2020-21 budget on August 24, 2020.

Explanation
Staff recommends that the Board review the budget statement as amended (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., et. seq., and other Nebraska laws. After Board review, the following resolution will be presented for approval on September 8, 2020.

RESOLVED by the Board of Education of Lancaster County School District 001:

That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2020, and ending August 31, 2021, namely:

$257,082,212 - To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund.

$36,778,310 - To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund.

$4,486,685 - All of the previously identified Qualified Capital Purpose Undertaking Fund projects have been completed, and as such, in full compliance with all prerequisites, approved itemized estimates, procedures and requirements as provided by Sections 79-10,110 R.R.S. Neb., et. seq. and other Nebraska laws, sometimes known as the Qualified Capital Purpose Undertaking Fund laws, to provide for the payment of principal and interest on bonds issued in accordance with such laws for (a) environmental hazard abatement and accessibility barrier elimination projects; (b) Qualified Zone Academy Bond projects; (c) American Recovery and Reinvestment Act of 2009 Academy Bond projects; and (d) building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention.

That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $298,347,207, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.

That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2020, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb.

That the 2020-21 budget as presented, and amended, all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted.

That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2020-21 fiscal year adopted budget and budget statement hereby approved.

That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2020, the approved itemized estimate of the amounts necessary and period of years to repay the principal and interest on bonds issued in accordance with § 79-10,110, et. seq., and other laws.

That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2020-21 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a "blended component unit" of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.

Proposal
That the Board approve and adopt the 2020-21 budget statement, itemized estimate and the above budget resolution, as amended.

Attachments: (1)

9-8 LPS Budget Adotpion - Attachments

8/28/2020 at 2:03 PM

11.2. From the Superintendent

12. EXPEDITED/EMERGENCY ACTIONS

13. ITEM(S) REMOVED FROM CONSENT AGENDA

14. INFORMATIONAL ITEMS/REPORTS

14.1. From Board Committees

14.2. From The Career Academy

14.3. From the Superintendent

14.3.1. Superintendent Update

15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: September 22:
LNE/UNL Focus Program Announcement, 3:30 p.m., LNE
Board Meeting, 6:00 p.m., LPSDO

16. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

17. REQUEST FOR CLOSED SESSION

Rationale:

The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.

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.

17.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, 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.

18. ADJOURNMENT

September 8, 2020 at 6:00 PM - Board of Education Regular Meeting

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