By Marilyn Smith

January 12, 2010

1. 1           Written reports were received from the administrators.
2. 2           Americanism Report was reviewed by the board.

DISCUSSION ITEMS

1. 1           Board of Education 2010 Committees
2. 2           New Policies
3. 3           GNSA Meeting, January 20, 2010
4. 4           Pre-School Playground—Stimulus Funds
5. 5           Stimulus Bonds—Interest Free Application
6. 6           Main Bus Routes
7. 7           Gym Use

OLD BUSINESS 

There was none.

NEW BUSINESS

Moved Pekarek seconded Rumery to accept the resignation of teacher Richard Wergin effective at the end of the school day on January 15, 2010.  On roll call the vote was as follows:  Voting Yes:   Pekarek, Rumery, Williams, Garske, Duer, Seaman.   Voting No:  None.  Motion carried.

No action was taken on agenda item 7.1b--Teacher Contract.

Moved  Williams seconded Pekarek to appoint the Superintendent as the Chief Executive Officer of the District and Seward’s Federal and State Programs Representative.  On roll call the vote was as follows:  Voting Yes:  Williams, Pekarek, Duer, Rumery, Garske, Seaman.  Voting No:  None.  Motion carried.

Moved Pekarek seconded Duer to:

1. Select the construction delivery method of “Construction Management at Risk” under the provisions of the Nebraska Political Subdivisions Construction Alternatives Act, Neb.  Rev. Stat. 112-290a, et .seq. (the “Act”) for the proposed construction of school district facilities located in Seward, Nebraska (hereinafter referred to as the “Project”) and hereby direct the Superintendent of Schools and selected school district legal counsel to initiate and carry out all actions necessary to comply with the requirements of the Act, including but not limited to the issuance of a Request for Proposals for the position of Construction Management at Risk for the Project.
2. Waive the 2^nd reading and approve upon first reading, the Board of Education policies attached (Appendix 7.3) hereto promulgated pursuant to the Act, namely the policy entitled “Educational Specifications, Facilities, Studies, Construction Design and Delivery, Bids and Bidding, and Project Site Security” and the policy entitled “Construction Management at Risk under the Nebraska Political Subdivisions Construction Alternatives Act, Neb. Rev. State 13-2901 et seq. –Construction Delivery Method.”
3. Appoint the following persons to the Selection Committee to evaluate the proposals received from firms in response to the  Request for Proposals for the position of Construction Manager at Risk and make recommendations to the Board of Education regarding the proposals received ranking the firms in order of preference, all in accordance with Neb. Rev. State 13l-2910 (must have at least five (5) members:)

1. Member(s) of the school board:  The Facilities Committee
2. Member(s) of the school administration or staff:  Dr. Greg Barnes, Superintendent of Schools, Tom Vajgrt, Director of Maintenance
3. The school’s architect or engineer:  The Clark Enersen Partners
4. Any person having special expertise relevant to selection of a construction manager under the Nebraska Political Subdivisions Construction Alternatives Act: Al Underwood
5. A resident(s) of the School District other than an individual included in (a) through (d) above:  Matt Stryson

On roll call the vote was as follows:  Voting Yes:   Pekarek, Duer, Williams, Seaman.     Voting No:  Rumery, Garske.  Motion carried.

Moved Duer seconded Pekarek that the Board of Education of this School District should, and does hereby select Ameritas to provide fiscal agent services for the proposed bond issue for the new Seward Middle School project subject to negotiation and approval of an employment with such firm: and, further hereby authorize and direct the president of the Board of Education, Superintendent of Schools, and school district legal counsel for the project to negotiate an agreement with such fiscal agent and take all other necessary action related thereto, and present such agreement for the consideration and action by the Board of Education.  On roll call the vote was as follows:  Voting Yes:    Duer, Pekarek, Rumery, Williams, Garske, Seaman.  Voting No:  None.  Motion carried.

Moved Duer seconded Garske that the Board of Education of this school District should and does hereby:

1.            Select The Clark Enersen Partners as the Project Architect for the proposed new Middle School Project to provide pre-bond issue information services, and if the bond issue is approved by the voters, design and construction administration services for the project.

2.            Ratify and approve the efforts of the President of the Board of Education, Administration and school district legal counsel to complete contract negotiations with The Clark Enersen Partners for the Project and then, upon completion by the Clark Enersen Partners of all other terms, conditions, and requirements of law and policy requisite to entering into a contract present all appropriate contract documents for contract adoption and approval by the Board of Education; and,

3.            Approves the contract between the Seward Public Schools and The Clark Enersen Partners presented at this meeting and incorporated herein by this reference which is on file in the records of the school district in its entirety, and herby further authorize and direct the President of the Board of Education or other Board of Education member to execute and deliver such contract according to its terms, and to take all necessary action to carry it into effect.

            After discussion and on roll call vote, the following members voted in favor of passage and adoption of the above Resolutions:  Duer, Garske, Pekarek, Rumery, Williams, Seaman.

            The following members voted against the same:  None.

The above motion having been consented to by more than a majority of the members of the School Board of this School District, was declared as passed and adopted by the President at a duly held and lawfully convened meeting in full compliance with the Nebraska Open Meetings Law.

Dated this 11^th day of January 2010.           

SCHOOL COUNTY SCHOOL DISTRICT 80-0009

A/K/A SCHOOL DISTRICT OF SEWARD

BY:   ____________________________________

          President

ATTEST:

____________________________________

Secretary

Moved Duer seconded Garske that the Board of Education of Seward Public Schools should, and does hereby, waive any conflict of interest, past, present or future, if any, of the firm of Perry, Guthery, Haase & Gessford, P.C., L.L.O., of Lincoln, Nebraska (Perry Law Firm), that may exist as a result of the representation  by Perry Law firm of The Clark Enersen Partnership (Clark Enersen) with regard to the corporate matters of Clark Enersen; and, further hereby authorize and direct the President of the Board of Education to execute the attached WAIVER OF POSSIBLE CONFLICTS OF INTEREST.  On roll call the vote was as follows:  Voting Yes:  Duer, Garske, Pekarek, Williams, Rumery, Seaman.  Voting No:  None.  Motion carried.

FUTURE AGENDA ITEMS

Green technology presentation by Middle School

Construction Manager

CONSENT AGENDA

Moved Pekarek seconded Garske to approve the consent agenda items as follows:  

Approval of Minutes:                          Regular Meeting – December 14, 2009

Approval of Financial Reports:              Treasurer’s, Budget, Activities and Athletics

General Fund Claims:                                    $1,258,348.91

Unemployment Fund Claims:                        $          331.85

Special Building Fund                        $       3,839.00

Out of State Travel Request:            Winterguard/Drumline to Council Bluffs, Iowa on March 6, 2010

On roll call the vote was as follows:  Voting Yes:  Pekarek, Garske, Rumery, Williams, Duer, Seaman.  Voting No:  None.   Motion carried.

EXECUTIVE SESSION

Moved Pekarek seconded Duer to move into executive session to discuss superintendent’s evaluation and contract at 9:50 p.m.   On roll call the vote was as follows:  Voting Yes:  Pekarek, Duer, Rumery, Garske, Williams, Seaman.  Voting No:  None.    Motion carried.

The president restated for the record that the discussion in closed session will be limited to the superintendent’s evaluation and contract.

Moved Garske seconded Rumery to move out of executive session at 10:08 p.m.   On roll call the vote was as follows:  Voting Yes:  Garske, Rumery, Duer, Williams, Pekarek, Seaman.  Voting No:  None.   Motion carried.

ADJOURNMENT

Moved Duer seconded Rumery that the meeting be adjourned at 10:09 p.m. with the next study session and regular board meeting scheduled for Monday, February 8, 2010 at 5:30 and 7:00 p.m.  On roll call the vote was as follows:  Voting Yes:  Duer, Rumery, Williams, Pekarek, Garske, Seaman.  Voting No:  None.  Motion carried.

I, the duly qualified and acting Secretary of the Board of Education, Seward, Nebraska hereby certify that the attached and foregoing minutes are a true and correct copy of a meeting of the Seward Board of Education held January 11, 2010 which meeting was preceded by publicized notice.

IN WITNESS WHEREOF I have hereunto set my hand officially and affixed the seal of my office this 11th day of  January, 2010.

Prepared by:                                    Secretary:           

Marilyn Smith                                    Scott Pekarek