Select Committee on School Capital Construction minutes for the meeting of August 30, 2001.

M I N U T E S

Select Committee on School Capital Construction

Room 302 August 30, 2001

State Capitol Building Cheyenne, Wyoming

PRESENT: Senator Irene Devin, Cochairman;

Representative Jim "Bubba" Shivler, Cochairman;

Senators Jim Anderson, Rich Cathcart, Hank Coe and Mike Massie;

Representatives Mike Baker, Layton Morgan, Ann Robinson and Colin Simpson;

Legislative Service Office: Mary Byrnes and Dave Nelson.

Others Present: See attached Appendix A.

AGENDA: Please see attached Appendix B.

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Senator Irene Devin, Select Committee Cochairman, called the Committee to order at 8:45 a.m.

NOTE: Please reference the transcripts for all motions and verbatim discussion of school capital construction issues referenced herein. The transcripts are on file with the Legislative Service Office under Appendix C attached to this report.

Statewide Assessment of School Buildings Review

Dodds Cromwell, MGT, reviewed the existing statewide assessment of school buildings which is based upon building adequacy standards first established by an advisory committee to the State Superintendent, and subsequently revised by the 2001 Legislature. The assessment was established as a mechanism to measure building adequacy and to prioritize statewide building needs. The following points were presented:

· Since the original 1998 assessment, MGT is under contract with the State Department to update the entire statewide assessment every four years, with roughly 25% of school buildings reassessed annually;

· Building condition assessment scoring, as described in attached Appendix D, must be evaluated beyond the total building score to determine building adequacy;

· In addition, educational suitability, technology readiness and building capacity require review and integration with building condition ratings to determine building adequacy;

· Educational suitability and technology readiness information was and continues to be developed through on-site visitations and discussions with appropriate school personnel;

· Repair vs. replacement is a critical decision-making component for addressing building adequacy, requiring state guidelines directed at architectural/engineering issues, building longevity issues and building accessibility issues.

Discussion of Capital Construction Issues

Denis Curry and Dave Treater, MGT, discussed school capital construction issues generated by the February 2001 Supreme Court decision, summarized in attached Appendix E. Discussion was initiated by a presentation of findings contained within an MGT survey of state school construction assistance programs conducted for Committee perusal, a copy of which is attached under Appendix F.

Dodds Cromwell presented an overview of the review process undertaken by MGT in providing required analysis and review of school capital construction projects pending before the Joint Appropriations Committee, involving facilities guidelines compliance review, value engineering analysis, energy efficiency analysis and safety and security review. A more detailed description of this process is contained within attached Appendix G.

Discussion points emerged as follows:

· Development of a formal planning process as a means to address building adequacy, integrating building repair and renovation with building construction needs;

· Utilization of district long-term plans for the establishment of priorities in relation to student enrollment, building condition and educational program requirements;

· Development of expertise at the state level for establishing statewide building priorities, comprised of facility planning expertise including both population forecasting and building utilization, education program expertise, engineering and building operations expertise, architectural expertise and finance expertise;

· Establishment of a process to identify, define and control local enhancements as addressed by the Court.

Ray Hunkins, Wyoming Attorney General's Office

Mr. Hunkins, State's Counsel for school finance litigation, addressed Committee members on the matter of local enhancements and local funding as they pertain to school buildings. The following points were made by Mr. Hunkins:

· Local control of school buildings and school operations is greatly diminished by the Court in the several school finance decisions (Washakie, Campbell I and Campbell II);

· The Legislature can prohibit local enhancements to school buildings, provided total state control of school buildings is prescribed by the Legislature, including funding;

· School capital construction projects currently under consideration by the Legislature could have implications upon future school building standards and funding;

· Co-ownership of facilities between districts and local communities is possible under joint powers agreements and through the local recreational mill.

Committee members generally agreed to proceed by directing the following:

1. Committee staff to assemble draft legislation for a school capital construction process patterned after the current Wyoming water development process as presented to the Committee at its May meeting, including establishment of a separate agency and a special Select Committee of the legislature, incorporation of a multi-year district-wide planning process including facility maintenance, and establishment of a process addressing emergency needs;

2. Committee staff and MGT to, in conjunction with the draft legislation, elaborate on issues identified in the capital construction issues report attached under Appendix E, including recommendations on identified issues and the establishment of a process to address identified issues;

3. Committee staff to construct a flow-chart of the proposed process and the current Wyoming water development process.

In addition, the following requests were made:

· MGT to provide recommendations for clarification of existing state facility guidelines;

· MGT to provide Wyoming school construction cost comparisons with surrounding states;

· State Department to provide expenditures to date on school capital construction.

State Financing Options

Keith Curry, Public Financial Management, under contract with the State Treasurer's Office as a consultant to the state, addressed the Committee regarding school capital construction expenditure requirements resulting from the February 2001 Supreme Court decision and state financing options. A copy of materials elaborating on presented information is attached under Appendix H.

School Capital Construction Advisory Group Report

CoChair Shivler, in conjunction with Senator Cathcart, reported to Committee members on action of the Capital Construction Advisory Group pertaining to the Park County School District #1 application for state assistance. The Advisory Group is established to provide advice and recommendations to the State Superintendent on capital construction applications addressing identified building needs. The MGT review of the application, as well as a compilation of Advisory Group recommendations and a letter from Park County School District #1, are attached under Appendix I. Both legislators are members of the Advisory Group.

The project request totaled $46.5 million, for 202,000 square feet of building with a projected student population of 636. The Advisory Group is recommending $28 million to the State Superintendent. Building renovation was not presented as a serious option. The State Superintendent will present project recommendations as part of the agency's 2002 budget recommendations.

Adjournment

CoChairs Shivler and Devin announced the next meeting of the Select Committee will be scheduled upon call of the CoChairs. The Select Committee was adjourned at 3:45 p.m.

Respectfully submitted,

____________________________ _________________________________

Senator Irene Devin, Representative Bubba Shivler,

Committee CoChair Committee CoChair