December 10, 2019 at 6:00 PM - Board of Education Regular Meeting
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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. |
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2. CALL TO ORDER
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3. ROLL CALL
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4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
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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.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Independence Academy Update
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6.2. 2020 US Census Report
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6.3. FLPS Update
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7. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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8. CONSENT AGENDA
Rationale:
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8.1. Human Resources Matters
Rationale:
Explanation:
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. This report includes routine Human Resources changes: |
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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: a. REGULAR CLAIMS - Claims for the period ending December 10, 2019, were previously provided. Federal Tax ACH Deposit of $6,156,195.93. Procurement Card ACH Transfer of $84,879.25. Child Support ACH Transfer of $15,142.00. Blue Cross/Blue Shield ACH Transfer of $5,370,691.87. Term Life/Disability ACH Transfer of $201,251.48. Vendor ACH Transfer of $73,194.68. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending November 15 and 27, 2019, in the amount of $17,819,491.94. c. GIFTS - Approval for the gifts listed on the attached gift report. d. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for well drilling and conductivity testing; the purchase of custodial equipment; engineering services; Algebra 2 teacher and student materials; agreement for professional development; a subscription to a technology leadership service; amendment to the ERP 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 December 10, 2019. b. Payroll for the periods ending November 15 and 27, 2019.
c. Gifts for Meadow Lane and the district.
d. Bids/contracts/other routine business for well drilling and conductivity testing; the purchase of custodial equipment; engineering services; Algebra 2 teacher and student materials; agreement for professional development; a subscription to a technology leadership service; amendment to the ERP agreement; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application 2019-20
Rationale:
On March 26, 2019, the Board adopted a resolution to accept option enrollment students for the 2019-20 school year. Applications for enrollment during the 2019-20 school year have been received and are in compliance with the Board resolution of March 26, 2019.
The application included in this agenda item has been examined by staff and meet one of the criteria set forth by the Board in the resolution of March 26, 2019. Staff recommends approval of the application. Proposal That the Board adopts the following resolution: WHEREAS, the student who has been assigned student number 434504 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of March 26, 2019, with regard to such option students; THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as option student 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.
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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.
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9.1. From Board Committees
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9.1.1. 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 a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: Stone Bridge Creek Commercial, Annexation Ordinance #20842, for 2019-20 school year: Kooser Elementary School, Schoo Middle School, North Star High School Proposal That the Board discuss the proposed attendance area assignments of the newly annexed property.
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9.2. From the Superintendent
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. Bond Resolution
Rationale:
In 2005, the Board of Education adopted the initial LPS 10-Year Facilities Plan to serve as a guideline for district facility and infrastructure needs. The LPS 10-Year Facilities Plan as renamed in 2013 to the LPS 10-year Facilities and Infrastructure Plan and has been subject to annual reviews, approvals, and changes as circumstances and conditions have demanded. The Finance Committee continuously monitors the funding streams available to support the work on the LPS 10-Year Facilities and Infrastructure Plan and the needs of the school district. The most recent versions of LPS 10-Year Facilities and Infrastructure Plan have spelled out significant needs. Due to state-imposed levy limitations, the district does not have adequate resources to make necessary facility and infrastructure improvements nor to construct new schools and additions to support student growth. Finance Committee analysis and planning indicates funding available based on the current building and bond fund levy rate with no planned levy increase in the combined bond and building fund.
In recent weeks, the Finance Committee and the Board of Education have held numerous meetings and work sessions to review district facility and infrastructure needs in conjunction with funding available, financial analysis of debt capacity, and the potential proceeds from a successful bond issue based on the current building and bond fund levy rate with no planned levy increase in the combined bond and building fund on the current levy.
Explanation
It is clear that funding for implementation of district needs, the Superintendent Facility Advisory Committee Recommendations, the district’s Strategic Plan, and the Planning Committee recommendations for the LPS 10-Year Facilities and Infrastructure Plan requires the issuance of bonds. Issuance of such bonds must be approved by the voters of the school district. The Finance Committee recommends that the Board of Education approve the attached bond call resolution and associated documents. A simple majority vote is required. Proposal It is clear that funding for implementation of district needs, the Superintendent’s Facility Advisory Committee Recommendations, the district’s Strategic Plan, and the Planning Committee recommendations for the LPS 10-Year Facilities and Infrastructure Plan requires the issuance of bonds. Issuance of such bonds must be approved by the voters of the school district. The Finance Committee recommends that the Board of Education approve the attached bond call resolution and associated documents. A simple majority vote is required.
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10.1.2. 10-Year Facilities and Infrastructure Plan
Rationale:
In 2005, the Board of Education adopted the initial "LPS 10-Year Facilities Plan" to serve as a guideline for district facility and infrastructure needs. The LPS 10-Year Facilities Plan has been subject to annual reviews, approvals, and changes as circumstances and conditions have demanded. In 2013, the Board of Education updated, approved and renamed the plan as the "LPS 10-Year Facilities and Infrastructure Plan." Since 2013, the Board of Education and the Planning Committee have continually reviewed and updated the LPS 10-Year Facilities and Infrastructure Plan.
During the district strategic planning process in 2017, a goal related to ready facilities and infrastructure reaffirmed the district’s planning process. In 2018 a Superintendent’s goal was approved to establish a Superintendent Facilities Advisory Committee (SFAC) by February 1, 2019. Superintendent Steve Joel called together the SFAC in January of 2019. The group was charged with developing recommendations for the facility and infrastructure needs, of the district, over the next ten years. The group of approximately 100 community and school stakeholders, from across the city, made recommendations to Superintendent Steve Joel at the Board of Education meeting on August 27, 2019. In recent months, the Planning Committee and the Board of Education held numerous meetings and work sessions to review district facility and infrastructure needs, student enrollment data, building utilization data, capacity information, financing alternatives and the recommendations of the Superintendent’s Facility Advisory Committee.
Explanation
Based on district needs and recognizing the significant growth in the student population, the Planning Committee recommends that the LPS 10-Year Facilities and Infrastructure Plan be updated and approved. Proposal That the Board of Education approve the Planning Committee recommendations and approve and adopt of the "LPS 10-Year Facilities and Infrastructure Plan" dated December 10, 2019.
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10.1.3. Pegram-Siders Property Purchase #9821
Rationale:
It is recommended that Lincoln Public Schools (LPS) purchase real estate potentially suitable as a high school site generally located at the northeast corner of the intersection of South 70th Street and Saltillo Road, Lancaster County, Nebraska, which is currently owned by Aginvest, LLC, a Nebraska limited liability company. The exact legal description for the property will be determined before closing by survey or plat, but generally will consist of: Approximately 143.57 acres of real estate legally described as Lot 8 SW, Section 34, Township 9 North, Range 7 East of the 6th P.M., Lancaster County, Nebraska (hereinafter the "Property").
Explanation
The purchase calls for payment of $3,600,000.00 plus payment of certain closing costs. The Board’s Planning Committee recommends the purchase. Proposal That the Board discuss, consider, approve, and adopt the following proposed resolution with Aginvest LLC: BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Purchase and Sale Agreement for the Aginvest LLC site (hereinafter the "Agreement") in the form as discussed at this meeting and on file with official LPS records, available on request as permitted by law, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the school district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in completing the purchase and sale transaction and in the site development, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the Agreement or as otherwise necessary, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described Property to be purchased, received and developed by LPS under the Agreement or otherwise for LPS school purposes.
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10.1.4. Ringneck Development, LLC Property Purchase #9822
Rationale:
It is recommended that Lincoln Public Schools (LPS) purchase real estate potentially suitable as a high school site generally bordered by West Holdrege, NW 48th, West Vine (as planned) and NW 56th Streets, Lancaster County, Nebraska, which is currently owned by Ringneck Development, LLC, a Nebraska limited liability company. The exact legal description for the property will be determined before closing by survey or plat, but generally will consist of: Approximately 118.60 acres of real estate as legally described in the proposed agreement in Lancaster County, Nebraska (hereinafter the "Property").
Explanation
The purchase calls for payment of $5,811,400.00 plus payment of certain development and closing costs. The Board’s Planning Committee recommends the purchase. Proposal That the Board discuss, consider, approve and adopt the following proposed resolution with Ringneck Development, LLC: BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Purchase and Sale Agreement for the Ringneck Development, LLC site (hereinafter the "Agreement") in the form as discussed at this meeting and on file with official LPS records, available on request as permitted by law, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the school district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in completing the purchase and sale transaction and in the site development, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the Agreement or as otherwise necessary, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described Property to be purchased, received and developed by LPS under the Agreement or otherwise for LPS school purposes.
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10.2. From the Superintendent
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10.2.1. Wheelchair School Buses #9807
Rationale:
Proposals were requested from interested vendors to purchase five wheelchair school buses with 3-point safety belts for use by the Transportation Department. Proposals for diesel and gasoline engines were requested. The buses will be replacements to the fleet. The cost includes radios and is less trade-in value.
Explanation
It is recommended that award for five gasoline buses be made to: Cornhusker International Trucking (Lincoln, Nebraska) $524,875.00 There were three other proposals: Nebraska Central Equipment (Alda, Nebraska)-Gasoline $536,810.00 Nebraska Central Equipment (Alda, Nebraska)-Diesel $572,050.00 Cornhusker International Trucking (Lincoln, Nebraska) $583,375.00 A complete proposal tabulation is available in the Purchasing Department. This will be an expenditure of $524,875.00 from the Depreciation Fund. Proposal That the Board approve this award to Cornhusker International Trucking for the purchase of five buses. The Board, by approving this agenda item, is approving the purchase order and purchase from Cornhusker International Trucking according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Director of Transportation or a designee, and the Board is hereby delegating to and authorizing the Director of Transportation or a designee to take possession of the property and to sign, execute, and deliver all necessary contract 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, administer and implement the stated purchase order and the purchase transaction as contemplated thereby, for and on behalf of this school district. |
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From The Career Academy
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
December 17:
Prosper Lincoln Summit, 7:30 am, PBA LPS Learning Lunch, 12:00 pm, LPSDO December 23-27: No School All Levels December 24: No Board Meeting December 30-January 3: No School All Levels January 6: No School All Levels January 14: TCA Jt Board Meeting, 8:00 am, TCA LPS Learning Lunch, 12:00 pm, LPSDO Board Meeting, 6:00 pm, LPSDO |
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15. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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16. 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.
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16.1. 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. 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. |
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17. ADJOURNMENT
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