Fayette County
November 24, 2014 6:00 PM
Board of Education Regular Meeting
A. CALL TO ORDER
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A.1. Roll Call
B. EXTEND WELCOME TO GUESTS
John Price
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE
Daryl Love
E. READING OF MISSION STATEMENT
Daryl Love
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Our mission is to create a collaborative community that ensures all students achieve at high levels and graduate prepared to excel in a global society.

F. APPROVAL OF AGENDA
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Approve the agenda with any changes voiced including the lifting of items from the consent section for discussion.

F.1. Addendum:
F.1.a. __________
F.1.b. __________
F.2. Deletions:
F.2.a. __________
F.2.b. __________
G. INTRODUCTIONS, RECOGNITIONS, ACKNOWLEDGEMENTS AND RESOLUTIONS:
G.1. Introductions
G.1.a. Teacher Representative: Meredith Reed
G.1.b. Student Representative: McKenna Clark
G.2. Student Performance
G.2.a. Fiddle Group, Edythe J. Hayes Middle School
G.3. Recognitions
G.3.a. Beaumont Middle School Cross Country Team: Winner, Middle School State Meet
G.3.b. Henry Clay High School Girls' Golf Team: Runner-Up, KHSAA State Tournament
G.3.c. Lafayette High School Marching Band: Runner-Up, 2013 Kentucky Music Educators Association State Competition
G.4. Acknowledgements
H. REPORTS, COMMUNICATIONS AND RESOLUTIONS:
H.1. Progress Reports
H.1.a. Superintendent's Report
H.1.a.1. Equity Council Report
Tom Shelton
H.1.a.2. Construction Progress Report
Mary Wright
H.1.a.3. 2014 Unbridled Learning Results
Jimmy Brehm
H.1.a.4. Wellness Report
Myron Thompson / Michelle Coker
Attachments
H.2. Remarks by Citizens (persons who have signed up to speak):
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Fayette County Board of Education Policy 01.45 states,

“...Members of the public may address the Board during the period set aside by the Board without submitting an item for the agenda. No action shall be taken during this portion of the meeting on issues raised by employees or the public unless deemed an emergency by the Board...”

 Please note: Speakers will not be allowed to make any disparaging or critical remarks about individuals or employees of the District. Critical comments or complaints are processed through the District’s complaint procedures, which afford the individuals to whom comments or complaints are directed, the opportunity for response and due process.

H.2.a. There are two opportunities for the public to address the Board:
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At the beginning of the meeting, the public, who have signed up prior to the meeting, is invited to speak on items that are On the Agenda. This is not intended to be a time for debate, however, the Board will take the public's input into consideration when making their final decision this evening. Each speaker will be allowed a maximum of 5 minutes.

At the end of the meeting, members of the public who have signed up prior to the meeting are invited to address the Board on any topic of District-related concern that is NOT on the official agenda for this meeting (Policy # 01.45). Please know that since these items are not on tonight's agenda, our Board may or may not comment. It is important to know that this is not intended to be a time where issues will be debated. The Chair will determine the amount of time for each speaker, depending upon the lateness of the hour and the number of speakers.

 

H.3. Resolutions
I. APPROVAL OF ROUTINE MATTERS:
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Minutes from Board meetings

I.1. Minutes of the October 6, 2014 Special Board Meeting
Attachments
I.2. Minutes of the October 13, 2014 Planning Meeting
Attachments
I.3. Minutes of the October 27, 2014 Regular Meeting
Attachments
J. APPROVAL OF CONSENT ITEMS:
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J.1. Award of Bids/Proposals
Mary Wright
Attachments
J.2. Post Approval
Rodney Jackson - Placeholder
Attachments
J.3. Special and Other Leaves of Absence for 11-24-14 Board Agenda
Melodee Parker
Attachments
J.4. Appointment to the Certified Evaluations Appeals Panel
Melodee Parker
Attachments
J.5. Requests From Principals for Extended Field Trips
Vicki Ritchie
Attachments
J.6. Request for a Shortened School Day
Kathy Dykes
Attachments
J.7. Professional Leave by District Personnel
Jack Hayes
Attachments
J.8. FY15 KETS Offer
Mike Burke
Attachments
J.9. Instructional Materials / Textbook Plans
Lu Young
Attachments
J.10. Declaration of Surplus and intent to sell
Mary Wright
Attachments
J.11. Approval of Proposed Change Order (No. Twenty-one) to the Contract for the Renovation at Breckinridge Elementary School BG 10-262
Mary Wright
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The renovation of the existing Breckinridge Elementary School is listed as priority 1c.4 on FCPS’s 2009 District Facility Plan. EOP Architects has produced Construction Documents (plans, specifications, bidding requirements, etc.) describing a renovation of the existing building and the construction of an addition totaling approximately 71,221 SF to serve 625 students, based upon FCPS elementary school program standards. Bids were received on March 15, 2011 and construction began in June, 2011. The Department of Physical Support Services, the design consultants and the local building code officials have reviewed the progress of the work. Changes to the original plans and specifications have been necessary in order to satisfy the requirements described below. Approval of these changes allows the work to be completed.

Attachments
J.12. Approval of Proposed Change Order (No. Fifteen) to the Contract for the Renovation at Deep Springs Elementary School BG 12-182
Mary Wright
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The renovation of the existing Deep Springs Elementary School is listed as priority 2c.5 on FCPS’s 2009 District Facility Plan. EOP Architects produced final Construction Documents for bidding describing a renovation of the existing building and the construction of an addition totaling approximately 69,396 SF to serve 625 students, based upon FCPS elementary school program standards. Bids were received on February 6, 2013 and construction began in May, 2013. The Department of Physical Support Services, the design consultants and the local building code officials have reviewed the progress of the work. Changes to the original plans and specifications have been necessary in order to satisfy the requirements described below. Approval of these changes allows the work to be completed.

Attachments
J.13. Approval of Proposed Change Order (No. Thirteen) and Correction to Previous Agenda Item (Re: Change Order No. Two) to the Contract for the Renovation at Tates Creek Elementary School BG 11-251
Mary Wright
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The renovation of the existing Tates Creek Elementary School is listed as priority 2c.4 on FCPS’s 2009 District Facility Plan. GBBN Architects has produced Construction Documents (plans, specifications, bidding requirements, etc.) describing a renovation of the existing building and the construction of an addition totaling approximately 79,087 SF to serve 750 students, based upon FCPS elementary school program standards. Bids were received on May 17, 2012 and construction began in July, 2012. The Department of Physical Support Services, the design consultants and the local building code officials have reviewed the progress of the work. Changes to the original plans and specifications have been necessary in order to satisfy the requirements described below. Approval of these changes allows the work to be completed.

Attachments
J.14. Approval of Proposed Change Order (No. Twelve) to the Contract for the Renovation at Jessie Clark Middle School BG 13-023
Mary Wright
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The renovation of the existing Jessie Clark Middle School is listed as priority 2c.11 on FCPS’s 2009 District Facility Plan. Tate Hill Jacobs Architects produced final Construction Documents for bidding describing a renovation of the existing building and the construction of an addition totaling approximately 125,321 SF to serve 1,000 students, based upon FCPS middle school program standards. Bids were received on May 15, 2013 and construction began in June, 2013. The Department of Physical Support Services, the design consultants and the local building code officials have reviewed the progress of the work. Changes to the original plans and specifications have been necessary in order to satisfy the requirements described below. Approval of these changes allows the work to be completed.

Attachments
J.15. Approval of Reduction in Retainage on the Construction Contract for the Renovation at Jessie Clark Middle School BG 13-023
Mary Wright
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KDE’s 702 KAR 4:160 requires 10% retainage on construction contracts until the project is 50% complete, when a reduction to 5% retainage is allowed. The contract with Alliance Corporation for the renovation of Jessie Clark Middle School in the amount of $18,041,500 (including direct purchase orders) was accepted and approved by the Board at its May 20, 2013 meeting. Since that time the progress of the work has been reviewed by the Department of Physical Support Services, the design consultants, Tate Hill Jacobs Architects, and the local building code officials. More than 58% of the construction is currently complete, leaving $5,058,510.98 for the remainder of the contract work, including the retainage amount. Currently, the contractor has requested with the approval of the surety, the recommendation of the architect and the concurrence of the FCPS Physical Support Services staff, a reduction of the retained amount to 5% of the total contract amount. The Kentucky Department of Education requires that this reduction of the retainage to 5% be approved by the Board. A full 10% retainage may be re-instated if satisfactory progress does not continue. Remaining payments to the contractor shall not be made until all work has been completed and accepted by the architect and the Department of Physical Support Services. Prior to final payment, a BG-4 Final Approval and Payment Application Form will be presented for signature by the Superintendent and acceptance of the work by the Board. Approval of this reduction of retainage complies with the intent of the requirements of 702 KAR 4:160 and the Kentucky Department of Education, District Facilities Branch.

Attachments
J.16. Approval of Third-Party Special Inspection Agreement for the Renovation of Squires Elementary School BG 14-121
Mary Wright
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The International Building Code as adopted by Kentucky requires the Owner of construction/renovation projects to contract directly with a qualified engineering firm that can act as a third-party Special Inspection Agent for the duration of a renovation/construction project. Previous editions of the code allowed the special inspector to be hired by the contractor. The current series of FCPS projects and all future projects will be required to have special inspectors hired directly by FCPS.

Several sections of the Kentucky Building Code require the special inspection of structural materials and their installation (i.e., concrete footings, bolted steel connections, masonry materials) prior to the work progressing to the next phase. This is meant to be a safeguard to Owner, the building occupants and the general public, and will help eliminate construction defects before structural components are concealed by finish materials.

In preparation for the start of construction, proposals were obtained from four (4) qualified engineering firms to serve as the Special Inspection Agent. The special inspector must be available as soon as the contractor begins foundation work and whenever inspection activities are required by the code throughout the life of the project. Based on the design team’s analysis of the proposals received, L.E. Gregg Associates appears to have submitted an acceptable proposal meeting all of the project criteria. The total anticipated value of the services needed for the project requires the approval of the Board.

Attachments
J.17. Approval of the Design Consultant and the BG-1 Project Application for the Replacement of the HVAC at Maxwell Elementary School
Mary Wright
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Maxwell Elementary School was renovated in 2000-2001. The HVAC system was replaced as part of that renovation. Over the last few years, several problems have arisen with the system. Some of the heat pump and make-up air unit components have malfunctioned causing uncontrolled interior temperatures, poor air circulation and complaints from the occupants. The FCPS Division of Maintenance has determined that the remainder of the HVAC components are beyond repair and that the entire system needs to be replaced. This project will involve the replacement of more than forty heat pump units located above the ceiling in classrooms and corridors; the cutting and reconnection of water lines, duct work and electrical service; and the replacement of suspended acoustical tile ceilings disturbed by the mechanical work.

Since this is a major renovation of a building system the project requires a BG-1 Project Application. EOP Architects was the consultant for the previous renovation and have provided a cost estimate as indicated below for use in preparing the BG-1. The project is currently scheduled to bid in early March 2015, and the work to start and complete during the summer of 2015. The project design work will

Attachments
J.18. Approval of Revised BG-1 Project Application for the Construction of the New High School on Winchester Road (1970 Winchester Road) BG 14-159
Mary Wright
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The construction of a new 1,800-student high school to be located on a new site to be determined is listed as priority 1a.1 on FCPS's 2013 District Facility Plan. The Director of FCPS Facility Design & Construction has drafted a preliminary building program of approximately 285,500 SF that is consistent with other recent FCPS high school projects. Project cost estimates include: building construction and site development costs; design and financing fees; furnishings; surveys; and other miscellaneous costs. The project design must begin immediately in order to be ready for occupancy in August 2017.

Attachments
J.19. Approval of a Waiver Request of 702 KAR 4:180 Related to the Total Building Area of the New High School on Winchester Road (1970 Winchester Road) BG 14-159
Mary Wright
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The construction of a new 1,800-student high school to be located on a new 65-acre site located at 1970 Winchester Road is listed as priority 1a.5 on FCPS's 2013 District Facility Plan. Tate Hill Jacobs Architects and Perkins + Will  have produced Design Development Documents describing the construction a new high school totaling approximately 285,790 SF to serve 1,800 students. The building program is the result of several months of discussions among the design team, the building committee and small user groups to describe the instructional vision for, and to determine the exact form of, the 21st Century high school required of this project. KDE has withheld approval of the building area citing the Model Space Program for 1,500 students contained in 702 KAR 4:180, Table 304.7.3. Using 126 SF/student and an allowance of 120% of the Total Gross Area, KDE calculates that the maximum permissible building area for 1,800 students in the new high school shall be 272,160 SF. As indicated above the proposed new high school plan has 285,790 SF, of which 9,860 SF is an auxiliary gymnasium which the 4:180 model does not have. Removing the auxiliary gym and its 9,860 SF contribution from the argument, the proposed building would total 275,930 SF. This Total exceeds the limit by 3,770 SF (1.4%), or is 3,725 SF less than the new Bryan Station High School building approved by KDE in 2004.

KDE’s position is final. In his letter dated October 13, 2014, Hiren Desai, KDE’s Associate Commissioner in the Office of Administration and Support states that the current Design Documents are not approvable, and that a “possible resolution maybe for the district to request an official waiver (through KDE) from the Kentucky Board of Education for this particular project.” In order to remove this potential obstacle out of the path of the new high school’s progress, the approval of this waiver request is recommended

Attachments
J.20. Approval of a Proposed Change Order (No. Nineteen) to the Contract for the Renovation at James Lane Allen Elementary School BG 11-263
Mary Wright
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The renovation of the existing James Lane Allen Elementary School is listed as priority 2c.1 on FCPS’s 2009 District Facility Plan. Moody-Nolan Architects produced final Construction Documents for bidding describing a renovation of the existing building and the construction of an addition totaling approximately 73,832 SF to serve 600 students, based upon FCPS elementary school program standards. Bids were received on March 29, 2012 and construction began in July, 2012. The Department of Physical Support Services, the design consultants and the local building code officials have reviewed the progress of the work. Changes to the original plans and specifications have been necessary in order to satisfy the requirements described below. Approval of these changes allows the work to be completed .

Attachments
J.21. Approval of Contract for Therapy Lex, LLC
Kathy Dykes
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K. APPROVAL OF ACTION ITEMS:
K.1. Approval of Contract for Kyna Koch
Mary Wright
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K.2. Approval of a Quit Claim Deed to Lexington-Fayette Urban County Government for 714 1/2 DeRoode Street
Mary Wright
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The Lexington-Fayette Urban County Government (LFUCG) is in the process of purchasing various properties for the Newtown Pike Extension project and the redevelopment of Davis Bottom. The LFUCG Department of Law has notified the Board that in August, 1936 the property at 714 ½ DeRoode Street (vacant lot) was deeded to the City of Lexington (50%) and the City of Lexington as the Trustee for Police/Fire Pension and Board of Education of the City of Lexington (25% each). Thus, the Board of Education as successor by merger to the Board of Education of the City of Lexington now holds a 25% equitable interest in this property while legal title to said interest is held by LFUCG as successor Trustee by merger to the City of Lexington. The LFUCG has offered to purchase the Board’s 25% equitable interest in this property for the fair market value of $1,300.00 (25% of $5,200). In order to effect this transaction, the Board is required to execute a Quilt Claim Deed to the LFUCG conveying all of the Board’s right, title and interest in and to the property known and designated as 714 ½ DeRoode Street.

Attachments
K.3. Timeline for Equity Council Recommendations
Tom Shelton - Placeholder
Attachments
K.4. Establishment of New Job Description: Project AWARE Grant Program Manager
Shelley Chatfield
Attachments
K.5. Report on 2014 Financial Records Audit for Fayette County Public Schools
Rodney Jackson
Attachments
K.6. Monthly Financial Report
Rodney Jackson
Attachments
L. INFORMATIONAL ITEMS:
L.1. Personnel Changes for 11-24-2014
Melodee Parker
Attachments
M. ORAL COMMUNICATIONS:
M.1. Public
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NOTICE: Our next item is where members of the public may address the Board on any topic of District-related concern that is NOT on the official agenda for this meeting (Policy # 1.45). Please know that since these items are not on tonight's agenda our Board may or may not comment. It is important to know that this is not intended to be a time where issues will be debated. The Chair will determine the amount of time for each speaker, depending upon the lateness of the hour and the number of speakers.

 

M.2. Board Request Summary
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A motion is in order to approve the following Board requests:

M.2.a. __________
M.2.b. ___________
M.2.c. __________
M.3. Other Business
M.3.a. Board Discussion of Board Work
John Price
M.3.b. Staff
N. MOTION MAKING AGENDA PART OF THE OFFICIAL BOARD MINUTES:
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A motion is in order to:  "make the agenda dated November 24,2014 on which action has been taken at this meeting, a part of the minutes as if copied in the minutes verbatim."

O. CLOSED SESSION:
O.1. Pursuant to KRS 61.810 (1)(f) to discuss personnel
O.2. Reconvene in Open Session
P. ADJOURNMENT:
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Complete supplemental detail concerning this agenda is available for public review during normal business hours, 8:00 a.m. to 5:00 p.m. at the District Office.