![[Top]](/images/nav-top.gif){kind=small}
![[Back]](/images/nav-back.gif){kind=small}
![[Home]](/images/nav-home.gif){kind=small}
Minutes of the
School Facilities Commission/Select Committee Joint Meeting
Room 302, State Capitol Building
June 6, 2003, 8:30 a.m.
Called to order – Chairman Olson called the joint meeting of the School Facilities Commission and the Select Committee to order at 8:35 a.m.
Member of the School Facilities Commission present were Bill Anthony, Tom Burns, Jeff Marsh, Gregg Olson, Bruce Perryman. Members not present were Trent Blankenship and Rande Pouppirt.
Members present from the Select Committee on School Facilities were Senator Jim Anderson, Representative Mike Baker, Senator Rich Cathcart, Senator Hank Coe, Representative Stan Cooper, Senator Irene Devin, Senator Mike Massie, Representative Saundra Meyer, Representative Ann Robinson, and Representative Jane Wostenberg
Approval of Meeting Agenda – Commission Perryman made a motion to approve the meeting agenda; Commissioner Burns seconded the motion; motion passed unanimously
Approval of Previous Meeting Minutes – Commissioner Burns made a motion to approve the minutes from the May 13, 2003 meeting; Commissioner Perryman seconded the motion; the motion passed unanimously
Presentations
(a) Security Issues - Presentation was skipped since Mr. Blankenship was not present.
(b) Subcommittee Report – Representative Mike Baker reported on the subcommittee meeting held on May 19, 2003 regarding auditoriums/swimming pools/outdoor athletic facilities. Representative Baker presented the following recommendations from the committee:
Auditoriums
To provide incorporation of a “formal” auditorium in high schools with design capacity over 200 with a minimum seating for 300. One seat per occupant would be provided for design capacities up to 550. Seats per occupant greater than 550 would be calculated on a sliding scale model with no less than one seat per two occupants being provided. For schools below a design capacity of 200 assembly areas would be provided by a “multi-use” space that shall incorporate an elevated stage with square footage as provided in the prototypical model and would be appropriate for performing arts.
Swimming Pools
If the district elects to construct a new pool it shall be provided if the construction is within the square footage provided under the prototypical model. If the district does construct a new pool, it does so with the understanding that reimbursement from the Commission shall be provided based upon the standard square footage cost. Furthermore, major maintenance funds shall be restricted thus allowing reimbursement amounts under a formula that the district is responsible for expenses associated with a pool over and above typical major maintenance square footage costs.
If the district chooses to renovate, remodel or reconstruct a pool and the square footage exceeds the design guidelines, no additional state funding will be made available.
Governor Freudenthal stopped in during the discussion of swimming pools and was welcomed by Chairman Olson. The Governor thanked the Commission and Legislators for struggling with this “900 pound gorilla” that is impacting the budget and forcing us to wrestle with demographic changes that have occurred in the state, wrestle with the expectations that the future remain identical to the past and making us wrestle with how to make public policy in a state in which the distribution of revenues is so district around the region. Governor Freudenthal encouraged the Commission and Legislators to come up with a system that emphasizes education. Governor Freudenthal emphasized it is important to keep this construction program in context by making sure that whatever we do does not jeopardize our ability to fund the operation of schools in this state.
Football Fields
Every high school in the state is entitled to have one (1) grass irrigated field, specifically not included are stadium seating and lighting features.
Track Fields
Any high school with 200 students or more may choose to have one track, if a district has more than one high school with a population less than 200 the district may choose to have one track, provided the district has not less than 200 students.
With respect to existing facilities, major maintenance for tracks will be part of the discussion when the proposed or revised major maintenance formula is brought up.
Many questions were raised by the School Facilities Commission and the Select Committee that were never addressed by the subcommittee; therefore, it was suggested that the School Facilities Commission staff reword the recommended motions presented today, addressing the questions raised at this meeting in order to give the Commission the ability to make a formal motion to add further explanation regarding auditoriums, swimming pools, football fields and track fields to the Facility Guidelines. Those recommendations will then be sent out to the subcommittee members for their approval. Possibly a follow-up conference call can be scheduled to discuss the recommendations.
At 10:35 Commissioner Perryman made a motion to take a ten minute break; the motion was seconded by Commissioner Burns; motion passed unanimously.
At 10:52 the meeting reconvened with all members present.
Construction Report - Director Shivler went over a report of current and future construction projects.
Financial Report – Chief Financial Officer, Teresa Kunkel, went over the financial report as of April 30, 2003.
Director’s Report – Director Shivler reported he and Mr. Oberg have completed review of most districts across the state with the exception of Pinedale. The staff is ready to begin the review of the district’s Five Year Master Plans. In-office reviews will be conducted in July, site visit conducted in August, and final reports will be compiled in September in order to provide final figures to the Governor no later than October 1st. The staff has asked MGT to continue their contract since they have the expertise available to them to assist with the Five Year Master Plan review process.
Old Business – There was no old business.
At 11:35 a.m. Commissioner Perryman made a motion to break for lunch and reconvene at 12:30 p.m.; Commissioner Anthony seconded the motion; motion passed unanimously.
The regular meeting reconvened at 12:30 p.m. with all members of the School Facilities Commission present with the exception of Commissioners Pouppirt and Blankenship.
New Business
(a) Approval of Goshen County’s construction inspector
Commissioner Burns made the motion to approve Bob Childs and Kevin Pittman as the Goshen County School District #1 owner inspectors on the middle school addition/renovations at Lingle/Fort Laramie High School, addition/renovation at Southeast High School and the new auto mechanics/agriculture center at Torrington High School; Commissioner Anthony seconded the motion.
Chairman Olson led the discussion on the motion by stating maybe we don’t want to approve an inspector one time at the beginning of the project when we really don’t know what their qualifications are. Maybe it should be an on-going process done by the School Facilities Commission staff.
Commissioner Perryman asked for clarification on the roll of the individual and stated he has issues with Goshen County having $5.6 million and can’t afford to pay for this personnel out of their budget.
Commissioner Burns pointed out on the past contracts we have left it up to the architects and contractors.
Commissioner Marsh suggested we amend the original motion to read that the approval does not become an endorsement of those individuals.
Commissioner Burns stated we are defeating the motion. The district simply needs to meet the terms of the contract.
Chairman Olson stated we might just want to withdraw the motion.
Commissioner Marsh stated that if we do withdraw the motion he strongly encouraged TSP to provide the oversight that is capable of handling this job to be done correctly and not hap hazardly.
Commissioner Burns made the motion to withdraw his original motion; Commissioner Anthony withdrew his second.
Dell Acker, Project Manager with TSP, stated they will have two full-time individuals representing the owner on this job. It is TSP’s request that the District have their own independent party for an additional layer.
Commissioner Marsh commented that what the Commission is trying to do is help insure accountability and TSP and the Construction Manager are all the same entity to some degree; therefore, it will be important for the Commission staff to provide additional oversight.
Mr. Acker clarified they are not serving as Construction Managers At Risk, they are not holding any construction contracts, they are not self performing any work, they are not representing any contractors, they represent the owner. TSP’s allegiance is solely to the school district.
(b) Approval of a portion of Rules and Regulations
Commission Marsh made the motion to approve Chapters 1, 2, 4, 5 and 6 of the Rules and Regulations; Commissioner Perryman seconded the motion.
Representative Stan Cooper pointed out in Chapter 2 on page 2-1, Section 2(b) the director is not a Commissioner and there may be some problems with some of the items the Chairman is required to do in paragraph (a); secondly, if there is a tie vote and the Director is not a Commissioner, he can’t break the tie vote. Possibly this person should be a Commissioner.
Chairman Olson accepted Representative Cooper’s comments and asked that discussion begin with Chapter 1. There were not changes made to Chapter 1.
On Chapter 2 Chairman Olson acknowledged the previous suggestion made by Representative Cooper. Representative Jane Wostenberg asked for clarification on page 2-3, Section 8(e).
On Chapter 4 Representative Mike Baker asked for clarification on page 4-1, Section 2(d).
On Chapter 5 Representative Wostenberg asked for clarification on page 5-1 Section 2, (a)(vii).
On Chapter 6 there were no concerns.
Commissioner Burns made a motion to table the original motion until the School Facilities Commission’s attorney returned to the meeting; motion seconded by Commissioner Anthony.
(d) Approval of Contracts
Big Horn #1
Commissioner Perryman made the motion to approve the contract with Big Horn County School District #1 for the New Cowley Elementary School in the amount of $6,222,872 which includes $5,924,545 for construction and $298,327 for the Commission’s appropriated contingency; Commissioner Anthony second the motion.
Chairman Olson lead the discussion on the motion and asked for clarification on why the Commission’s contingency did not come out to five percent? Chief Financial Officer, Teresa Kunkel, clarified that a portion of the project was cut by the JAC and the contingency was not adjusted to reflect that cut. The contingency was approved in the budget bill based upon the original project amount and was approved as originally requested.
Chairman Olson also pointed out that the project budget was not attached.
Commissioner Perryman made the motion to amend the original motion to include when the contract is signed the Project Budget shall be attached before execution; Commissioner Burns seconded the amendment; amendment passed unanimously.
Chairman Olson asked why the wording “…and as reviewed by Site Tek, Inc. on November 25, 2002” was included in paragraph 1.17 of Attachment A.
Commissioner Marsh made the motion to amend the original motion and strike the portion of paragraph. 1.17 that states “and as reviewed by Site Tek, Inc. on November 25, 2002”; Commissioner Perryman seconded the motion; motion passed unanimously.
Chairman Olson called for the vote on the main motion as amended; motion passed unanimously.
Big Horn #4
Commission Perryman made the motion to approve the contract with Big Horn County School District #4 for the demolition of the Hyattville Elementary School in the amount of $200,000; Commissioner Burns seconded the motion.
Chairman Olson questioned why the contract was being brought forward as a demolition when the staff knew the school was not going to be demolished. Director Shivler stated that the community was in fact trying to save the school but the contract needed to be in place as a worst case scenario. The district will be providing the staff with an estimate for removing the storage tanks prior to the community taking over the building which will be taken out of this contract amount.
Commissioner Perryman made the motion to amend the original motion to include when the contract is signed the Project Budget shall be attached before execution; Commissioner Burns seconded the amendment; amendment passed unanimously.
Chairman Olson called for the vote on the main motion as amended; motion passed unanimously
Park #6
Commissioner Perryman made the motion to approve the contract with Park County School District #6 for the renovation to the Sweitzer Gymnasium in the amount of $4,400,000 with the condition that it contain a Project Budget; Commissioner Burns seconded the motion; there was no discussion on the motion and it was passed unanimously.
Sheridan #2
Commissioner Perryman made the motion to approve the contract with Sheridan County School District #2 for one (1) new middle school building; one (1) high school expansion project; demolition of a junior high building and a vocational education building; and for remediation of the administration building in the amount of $22,303,575 with the condition that it contain a Project Budget; Commissioner Burns seconded; There was no discussion on the motion and it was passed unanimously.
Dave LaPlante
Director Shivler presented to the Commission the extension of the employment contract between Mr. Dave LaPlante and the School Facilities Commission. Mr. LaPlante is not requesting a raise but would ask that the Commission pay for his retirement.
Commissioner Marsh made the motion to leave to the discretion of the Director negotiation and ultimately approve of the contract; the motion was seconded by Perryman; there was no discussion on the motion and it was passed unanimously.
Amendment of the Buffalo and Kaycee High School projects
The district has run into some problems with their design process due to the numerous times they have redesigned.
Commissioner Marsh questioned if the seventy-five percent was reimbursable back to the Commission? Director Shivler pointed out that this project was a pipeline project and the monies had been appropriated by the JAC.
Commissioner Marsh made the motion to approve the Kaycee contract amendment with exception to the typo on page 1, section 4.1 to strike eight percent and change to seven and a half percent; Commissioner Perryman Seconded
Representative Jane Wostenberg pointed out that Johnson County is under litigation with respect to the Kaycee project and questioned if the Commission should be signing any contracts on this project.
Director Shivler stated the staff has also considered this question and has arrived at the conclusion that the schools are in immediate need, they are pipeline schools and the money has been appropriated and the schools will have to be built within the $16 million that has been appropriated, if the bond money can not be included.
Commissioner Perryman questioned if we are approving a contract with an amendment for architect’s design up to an additional $6 million limit that if for some reason through litigation they can’t use that $6 million we have paid them an addition $450,000 for design services that later gets wacked off and we build a $16 million school.
Director Shivler stated this is correct; however, if the bond should not go, the project would have to be redesigned and the funds would have to come out of the $16 million.
Chairman Olson called for the vote on the original motion; the motion passed unanimously.
Commissioner Marsh made a motion to approve the New Buffalo High School Project; Commissioner Perryman seconded the motion; there was no discussion and the motion passed unanimously
MGT Contract
Director Shivler presented the contract with MGT to work with the staff on the review of the Five Year Master Plans. Director Shivler suggested the Commission extend the existing contract that is scheduled to end June 30th.
Commissioner Perryman moved to approve the contract with MGT; Commissioner Anthony seconded the motion
Commissioner Marsh cautioned that we need to be very careful and most cost effective when it comes to these contracts.
Director Shivler agreed that the contract is excessive because it is in anticipation of every district needing our services and hopefully that will not be necessary.
Chairman Olson called for the vote on the original motion; motion passed unanimously.
Commissioner Burns made the motion to take the previously tabled issue of the Rules and Regulations off of the table; Commissioner Perryman seconded the motion.
Commissioner Marsh made the motion to amend the original motion to include Chapter 3 as submitted; Commissioner Perryman seconded the motion.
It was discussed that Chapter 3 is boiler plate procedures on hearings and there did not seem to be any concerns.
Chairman Olson called for the vote on the amendment; motion passed unanimously.
Commissioner Marsh made a motion to amend the original motion with regards to Chapter 2, Section 2(b) the wording be changed to read “In the absence of the Chairman at any meeting of the Commission, the Chairman’s designee, which shall be a member of the Commission, shall serve as acting Chairman of the meeting”; Commissioner Perryman seconded motion; there being no discussion the motion passed unanimously.
Chairman Olson called for the vote on the original motion as amended to approve Chapters 1– 6; there being no discussion on the matter, the motion passed unanimously.
The next meeting of the School Facilities Commission was scheduled for July 11th at 8:30 a.m. in Room 302 of the Capitol. This meeting will not be a joint meeting with the Select Committee; however, they are always welcome to attend. Possibly the next joint meeting should be in October or November.
At 2:10 p.m. Commissioner Perryman made a motion to adjourn; Commissioner Anthony seconded the motion; motion passed unanimously.
Respectfully Submitted,
_______________________________________
Lannette Cress, Executive Secretary
Approved by:
_______________________________________
Gregg Olson, Chairman