December 13, 2022 at 6:00 PM - Board of Education Regular Meeting
Agenda |
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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. |
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. Staff Celebration: Kenny Cope, Physical Education Teacher at Fredstrom Elementary Awarded 2022 Nebraska Elementary Physical Education Teacher of the Year by the Nebraska Society of Health and Physical Educators (SHAPE)
Rationale:
Fredstrom Elementary School Physical Education teacher Kenny Cope was named the 2022 Elementary Physical Education Teacher of the Year by the Nebraska Society of Health and Physical Educators (SHAPE Nebraska). SHAPE Nebraska is a state affiliate of the American Alliance for Health, Physical Education, Recreation, and Dance. SHAPE’s mission is to promote healthy lifestyles through leadership, professional development, and advocacy in the areas of health, physical education, recreation, and dance. Every year, the organization recognizes high school, middle school, and elementary educators for exemplary leadership and programming.
Explanation:The Nebraska Society of Health and Physical Educators (SHAPE Nebraska) named Kenny Cope the 2022 Elementary Physical Education Teacher of the Year. SHAPE Nebraska said this about Cope when announcing the honor: "Kenny is a Physical Education teacher with a strong passion for his profession. His goal is to develop physically literate children by increasing their ability to be physically active through skills and knowledge and developing an appreciation for movement. In doing those things, students will increase their physical activity and will want to be more physically active throughout their life." |
6.2. Staff Celebration: Janine Marker, Preschool Paraeducator at Fredstrom Elementary, Named 2022 Paraeducator of the Year by the Nebraska Department of Education
Rationale:
Janine Marker served as a preschool paraeducator at Fredstrom Elementary School prior to becoming the school’s registrar. Recently, Janine was named the 2022 Nebraska Preschool Paraeducator of the Year by the Nebraska Department of Education.
Explanation:Each year, the Nebraska Department of Education recognizes paraeducators who demonstrate the highest standard of performance in carrying out their assigned responsibilities while supporting students. The nominator wrote: "Ms. Janine is a classroom staple in our preschool room. She works with both morning and afternoon sessions providing support for the daily functioning of our class, and the individual needs of students. Janine has the best smile and sense of humor. Adults, students, and families enjoy her companionship and encouragement. Janine goes above and beyond to make sure students enjoy their time while in preschool from getting surprise trinkets to celebrate a special day or writing notes home to parents to share how proud she is of a child’s accomplishments. Janine recognizes each student for their strengths while gently guiding them as they learn new skills. She always has a hug or high-five at the ready and a cozy cuddle when tissues are needed. Janine is one of the very best paraeducators I have had the pleasure with whom to work. |
6.3. Library Services Report
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7. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
8. CONSENT AGENDA
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8.1. 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: Proposal: *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.
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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 13, 2022, were previously provided. Federal Tax ACH Deposit of $6,466,304.22. State Tax ACH Deposit of $1,078,781.58. Procurement Card ACH Transfer of $90,073.55. Child Support ACH Transfer of $13,743.42. Blue Cross/Blue Shield ACH Transfer of $6,255,272.32. Retirement ACH Transfer of $5,627,930.53. Vision Insurance ACH Transfer of $56,875.79 b. PAYROLL FOR RATIFICATION - Payroll for the periods ending November 15 & 30, 2022, in the amount of $18,852,626.02. 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 equipment; uniforms; concrete; electrical panels; exhaust fans; supplies; scoreboards; mental health services; facility use agreement; software; firewall; items listed for auction; 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 13, 2022. b. Payroll for the periods ending November 15 & 30, 2022.
c. Gifts for Clinton, Dawes, Irving, Maxey, Meadow Lane, Northeast, and the district.
d. Bids/contracts/other routine business for equipment; uniforms; concrete; electrical panels; exhaust fans; supplies; scoreboards; mental health services; facility use agreement; software; firewall; items listed for auction; and any other bids/contracts/routine business as presented.
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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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9.2. From the Superintendent
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9.2.1. Schoo Addition & Renovation Project #10681
Rationale:
Sealed bids were received on November 17, 2022, from interested vendors to provide an addition and renovations for Schoo Middle School.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: Cheever Construction Company (Lincoln, Nebraska) $1,755,000.00 Deduct Alternate No. CC-1-delete exterior geothermal heat pump headers and bore holes will also be included for this project. - $53,000.00 Total $1,702,000.00 There were five other bidders: BIC Construction LLC (Lincoln, Nebraska) $1,759,000.00 Rogge General Contractors, Inc. (Lincoln, Nebraska) $1,759,000.00 Scheele Kayton Construction (Lincoln, Nebraska) $1,789,000.00 Kingery Construction Co. (Lincoln, Nebraska) $1,958,500.00 Sampson Construction Co. (Lincoln, Nebraska) $2,103,000.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $1,702,000.00 from the 2020 Bond Fund and other appropriate building funds. Proposal
The Board, by approving this agreement with Cheever Construction Company, is approving the award, the contract documents for this project, 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, and deliver the contract documents 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 all associated 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 under this agreement. |
9.2.2. Windows & Installation for the Lincoln High Annex Project #10693
Rationale:
Sealed bids were received on November 22, 2022, from interested vendors, to provide either aluminum or aluminum clad wood windows and installation for the Lincoln High School Annex project.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: Pella Window and Door (Omaha, Nebraska) $575,297.22 Aluminum clad wood windows There was one other bidder: Glass Edge (Lincoln, Nebraska) $748,400.00 Aluminum windows A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $575,297.22 from the General Fund or other appropriate Building Funds. Proposal The Board, by approving this agreement with Pella Window and Door, is approving the award, the contract documents for this project, 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, and deliver the contract documents 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 all associated 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 under this agreement. |
9.2.3. HVAC Mechanical Equipment for the Lincoln High Annex Project #10691
Rationale:
Sealed bids were received on November 22, 2022, from interested vendors, to provide HVAC mechanical equipment for the Lincoln High School Annex project.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: Trane U.S. Inc. (LaVista, Nebraska) $534,283.00 There were two other bidders: Mechanical Sales Inc. (Omaha, Nebraska) $582,078.00 Force Equipment Company (Elkhorn, Nebraska) $639,068.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $534,283.00 from the General Fund or other appropriate Building Funds. Proposal
The Board, by approving this agreement with Trane U.S. Inc., is approving the award, the contract documents for this project, 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, and deliver the contract documents 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 all associated 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 under this agreement. |
9.2.4. 77th Street & Saltillo Infrastructure Project #10703
Rationale:
Bids were requested from interested vendors for the construction and installation of streets and related infrastructure on 77th and Saltillo.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: Constructors Inc. (Lincoln, Nebraska) $1,322,705.00 There were three other bidders: K-2 Real Estate & Development (Lincoln, Nebraska) $1,445,275.44 Bauer Infrastructure LLC (Lincoln, Nebraska) $1,495,432.25 MTZ Construction LLC (Lincoln, Nebraska) $1,573,088.30 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $1,322,705.00 from the 2020 Bond Fund and other appropriate building funds. Proposal
The Board, by approving this agreement with Constructors Inc., is approving the award, the contract documents for this project, 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, and deliver the contract documents 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 all associated 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 under this agreement. |
10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. 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: Stevens Creek Villas 1st Addition CUP, Annexation Ordinance #21366, for 2022-23 school year: Robinson Elementary School, Mickle Middle School, and Northeast High School; Thorn Addition CUP, Annexation Ordinance #21368, for 2022-23 school year: Maxey Elementary School, Lux Middle School, East High School. Proposal That the Board approve the proposed attendance area assignments of the newly annexed properties.
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10.2. From the Superintendent
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10.2.1. Roofing at Holmes Elementary School #10698
Rationale:
Sealed bids were requested from interested vendors to provide a partial roof replacement at Holmes Elementary School.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: White Castle Roofing & Construction (Lincoln, Nebraska) $1,252,049.00 There were two other bidders: Neeman & Sons Inc., (Lincoln, Nebraska) $1,549,000.00 Weathercraft Roofing Co. (Lincoln, Nebraska) $1,572,617.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $1,252,049.00 from the Bond Fund or other appropriate building funds. Proposal The Board, by approving this agreement with White Castle Roofing & Construction, Inc., is approving the award, the contract documents for this project, 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, and deliver the contract documents 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 all associated 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 under this agreement. |
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 Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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13.3.2. Monthly Financial Report
Rationale:
At the second Board meeting of the month, information regarding the district’s monthly financial report is presented. Because there is only one Board meeting in December, the November report is presented at the first Board meeting in December.
Explanation
The monthly financial report for the month ending November 30, 2022, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
December 23-January 3:
Semester Break - No School All Levels December 23 & December 26: LPS Closed December 30 & January 2: LPS Closed January 4: Chamber Coffee, Chamber Office, 8:00 a.m. January 10: Board Work Session, SJDLC, 4:00 p.m. Board Meeting, SJDLC, 6:00 p.m. |
15. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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.
Explanation |
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. |
17. ADJOURNMENT
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