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P Public S chool Ca apital Co
P Public School Ca apital Co onstructtion Assiistance B Board M Meeting A Agenda Vission All students A s in Colorad do will becom me educated and producctive citizenss capable of ssucceeding in n a global so ociety, in thee workforce,, and in life. Goals Ev very studentt, every step of the way Start strong Read by R third grade Meet or exxceed standaards Date & Time: April 23 3, 2014 1:00 p p.m. Lyndon B Burnett – Chaair Joh hn Conklin Kathyy Gebhardt Graduaate readyy Location n: 201 E. Colfax, R Room 101 D Denver, CO 8 80203 Capittal Construction Assistancee Board Mem mbers Pete H Hall – Vice‐Chhair Ken n Haptonstalll Denise Pearson II. Call to o order III. Pledge o of Allegiance IIII. Roll call IV V. Approve e agenda V V. Approve e previous minutes from th he March 26, 2014 meetinng VII. Board Report VIII. Directorrs Report a) BESTT Project Upd dates; b) Legislative Updatte; VIIII. CCAB Trraining a) Training from the e Attorney Ge eneral’s Office pertaining tto conflicts off interest; Tim Reed David Tadlock Matt Throo op IX X. Action Ittems a) Review and apprrove a QZAB A Application from Fremont School District RE‐1; X X. Discussion Items a) Disccuss the proce ess for the ne ew match requirements foor school distrricts, BOCES aand the CSDB; b) Pressent the FY20 014‐15 BEST G Grant Application Summarry & Supplemental Books aand discuss th he grant application review process & schedule for the May grannt selection m meetings; c) Disccuss available funds for the e FY2014‐15 B BEST Grant reecommendation meetingss; XII. Future m meetings Mayy 20‐22 – 8:30 0 a.m. – 5 p.m m. Grant Selecction Meetinggs – Adams 112 Conferencee Center ‐ 150 00 E 128th Avenue, Thornto on, CO 80241 e 25 ‐ 1:00 p..m. Location: 201 E. Colfaxx Avenue, Rooom 101, Denvver, CO 80203 3 June July 23 ‐ 1:00 p.m m. Location: 2 201 E. Colfax A Avenue, Room m 101, Denveer, CO 80203 XIII. Public co omment XIIII. Adjournment. P Public Scchool Ca apital Co onstructiion Assiistance B Board Meeting M Minutes Vission All students A s in Colorad do will becom me educated and producctive citizenss capable of ssucceeding in n a global so ociety, in thee workforce,, and in life. Goals Ev very studentt, every step of the way Start strong Read by R third grade Meet or exxceed standaards Date & Time: March 26, 2014 1:00 p p.m. Graduaate readyy Location n: 201 E. Colfax, R Room 101 D Denver, CO 8 80203 Capital Constructio on Assistancee Board Members: Lyndon B Burnett – Chaair Joh hn Conklin Kathyy Gebhardt Pete H Hall – Vice‐Chhair Ken n Haptonstalll Denise Pearson Tim Reed David Tadlock Matt Throo op II. Call to o order – 1:01 p p.m. III. Pledge o of Allegiance IIII. Roll Calll Attende ees: Lyndon B Burnett, Pete Hall, Kathy G Gebhardt, Maatt Throop, D Denise Pearso on, Tim Reed Absent: John n Conklin,, David Tadlock, Ken Hapto onstall CDE SStaff Attendeees: Scott New well, Kevin Huber, Leannee Emm, Dustin n Guerin, Jay Hoskinson IV V. Approve e agenda The CCAB Chair aasked for a motion to apprrove the agennda; o So moved byy Kathy Gebhaardt; o Tim Reed 2ndd the motion; o Discussion: Kathy K Gebharrdt made a motion m to am mend the ageenda to tablee the CCAB SO OP discussion n until the nexxt meeting. Th he Board Chaair noted thatt the SOP disccussion had b been postpon ned numerous times alreadyy. There was no 2nd to the motion, therrefore the mo otion failed. o Motion to ap pprove the aggenda as presented carriedd with 5 votess for and 1 vo ote opposing. V V. Approve e previous minutes from FFebruary 26, 2014 meetin ng The CCAB Chair asked for a motion to approve a the minutes from m the February 26, 2014 4 meetings as pressented; o So moved byy Pete Hall; o Denise Pearsson 2nd the mo otion; o Motion to ap pprove the Fe ebruary 26, 20 014 minutes ccarried unaniimously. poned a few m minutes and tthe CCAB movved to the Board Report on n the agenda a. Thee Public Heariing was postp VII. Board R Report Lynd don Burnett u updated the C CCAB on House Bill 14‐12992, noting thaat the bill had d been introd duced. Lyndon n Burn nett also disccussed detailss about the b bill that wouldd affect the B BEST Program m; specificallyy pertaining to o how w the marijuan na excise tax money would d be allocatedd. Kath hy Gebhardt ttold the CCAB B about Housse Bill 14‐129 2 and how it had been inttroduced in the House and d thatt all of the language regarrding the BESST Program nneeded to bee removed. K Kathy Gebhardt mentioned d 1 the Long Bill and noted that $100 million was set to go towards capital construction for FY2014‐15 and that none of it was allocated for K‐12 schools. VII. VIII. Public Hearing Rulemaking Hearing: public hearing regarding the BEST Rules ‐ 1 CCR 303‐3. The CCAB Chair read the script calling the rulemaking hearing to order. There was no one from the public who wished to speak. Scott Newell noted there were no public comments submitted to the Division prior to meeting as well. Scott Newell told the CCAB he added in the new statutory language pertaining to the additional matching criteria for school districts, BOCES and the School for the Deaf and Blind. Heidi Dineen with the Attorney General’s office told the CCAB that House Bill 14‐1190 was signed on March 14, 2014 and that it contained a safety clause making it effective immediately. Heidi Dineen noted that the CCAB could have completed an emergency rule, but that they were probably okay since the current rules that were filed would be effective May 15, 2014. Scott Newell told the CCAB that they would need to figure out the best course of action to take regarding the new match criteria for the current round of grant applications. Scott Newell said he would provide options to the CCAB in the near future. Heidi Dineen told the CCAB she had just reviewed the proposed rules the prior day and had found several areas that needed further clarification. The CCAB agreed with the changes and language was added to sections 3.1.2, 3.1.4.1 and 3.1.5 of the BEST Rules 1 CCR 303‐3 regarding the CCAB’s conflicts of interest policies. After the amendments were made, the CCAB Chair asked for a motion to adopt the amended BEST Rules. o So moved by Denise Pearson; o Pete Hall 2nd the motion; o Motion to adopt the amended BEST Rules ‐ 1 CCR 303‐3 approved unanimously. Directors Report Scott Newell told the CCAB about an upcoming groundbreaking for Greeley School District 6. Scott Newell told the CCAB that the Legislative Audit Committee’s (LAC) meeting had been postponed until June 2014 and that this would allow for more time to work on the Parson’s proposal regarding the Statewide Facility Assessment. Scott Newell told the CCAB that during the performance audit the LAC determined the Statewide Facility Assessment needed to be updated, but the LAC was not willing to sponsor a bill to help get money appropriated to complete the work. Leanne Emm suggested the CCAB submit a decision item so that it could be reviewed by the Governor’s office, to possibly get an appropriation to update the Assessment. A CCAB member asked if the State Board would have to approve the decision. Leanne Emm stated the Commissioner of Education would review the decision and was not sure if the State Board would have to approve. IX. Scott Newell to the CCAB that the FY2014‐15 BEST Grant Application Summary Book would be available at the April 2014 meeting. Scott Newell told the CCAB Senate Bill 14‐112 was signed and would be enacted in FY2014. Scott Newell told the CCAB the Division was planning on hiring a program support specialist. Scott Newell told the CCAB about the projects that had recently closed and noted that the marijuana excise tax revenue for January was roughly $195,000. Action Items a) Review and adopt Division policy for capital renewal requirements for BEST new school, major renovation & addition projects. Scott Newell reviewed the policy with the CCAB and noted that there were eight respondents from the public in regards to the policy. Scott Newell noted the feedback was positive and that everyone he spoke to was onboard with the policy. The CCAB discussed the policy briefly, clarifying that this only pertained to facilities affected by the grantee’s BEST project. A motion was made to approve the policy. o So moved by Matt Throop; o Tim Reed 2nd the motion; o Motion to adopt the Division’s policy for capital renewal requirements for BEST new school, major renovation & addition projects approved unanimously. 2 b) Review CCAB Standard Operating Procedures (SOP) and make any revisions as needed. The CCAB briefly reviewed the SOP section related to meeting agendas. A CCAB member asked for clarification regarding how to add items to the monthly agenda. No revisions were made to the CCAB’s SOP; therefore, no motion to adopt the amended SOP was needed. X. Discussion Items a) Review yearly grant summary book, supplemental information, and grant review process. Scott Newell reviewed a sample of last year’s summary book with the CCAB and reviewed the grant selection process. Scott Newell told the CCAB about additional information that will be added and reviewed the data points used for each applicant in the summary book. Scott Newell also reviewed supplemental information that would be provided and asked the CCAB if there was any additional information they would like. The CCAB discussed the grant selection process and reviewed the sample summary book. XI. Public Comment The CCAB Chair asked if there was anyone signed up to speak from the public, there were none. XII. Adjournment The CCAB Chair asked for a motion to adjourn; o So moved by Pete Hall; o Matt Throop 2nd the motion; o Motion to adjourn carried unanimously; o Meeting adjourned 3:30 p.m. 3 PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD AGENDA SHEET MEETING DATE: April 23, 2014 SUBJECT: Training from the Attorney General’s Office pertaining to conflicts of interest TYPE: Action Information X BACKGROUND (Include any statutory authority): Recommendation 4a and 4b of the BEST performance audit pertained to conflicts of interest and how the CCAB aligns with the Colorado Code of Ethics. Additionally, the performance audit stipulated the CCAB should maximize safeguards to prevent perceived or actual conflicts of interest. As part of the audit response the CCAB is required to receive training on conflicts of interest from the Attorney General’s office. STAFF RECOMMENDATION N/A STAFF RECOMMENDED MOTION (If this is an action item) N/A ATTACHMENTS: Conflicts of Interest PowerPoint presentation (this will be handed out at the meeting) PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD AGENDA SHEET MEETING DATE: April 23, 2014 SUBJECT: Review and approve a QZAB Application from Fremont School District RE‐1 TYPE: Action X Information BACKGROUND (Include any statutory authority): Pursuant to 11‐59.7‐109 C.R.S., the Capital Construction Assistance Board administers the Colorado Qualified Zone Academy Bond (QZAB) volume cap. The federal QZAB program is a way for school districts to obtain interest free financing for renovation, repair projects, and other needs. CDE does not provide the funding, but provides authorization to a school district to obtain the interest free financing if the school district qualifies. Some of the requirements are as follows: 35% or more of the school's students must qualify for free and reduced lunch; Programs established with QZAB must have the goal of enhancing the academic curriculum, increasing graduation and employment rates or better preparing students for college and the workforce; Each school must enter into a partnership with a private entity or entities. The partner must contribute at least 10 percent of the net present value of the amount of money borrowed; At least 10% of the financing must be contracted within 6 months after issuance. 100% of the QZAB must be spent within 3 years of date of issuance; Davis‐Bacon, prevailing wage, requirements apply to QZAB projects. The current Colorado allocation balance is $16,179,000.00. Fremont School District RE‐1 has submitted a QZAB application for district‐wide LED lighting retrofit, a partial roof replacement, and district‐wide general building rehabilitation and repair in the amount of $1,000,000. The application is complete and qualifies. STAFF RECOMMENDATION Review and approve the QZAB Application from Fremont School District RE‐1. STAFF RECOMMENDED MOTION (If this is an action item) I move to approve Fremont School District RE‐1’s QZAB Application dated April 4, 2014, in the amount of $1,000,000. ATTACHMENTS: Fremont School District RE‐1’s QZAB Application PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD AGENDA SHEET MEETING DATE: April 23, 2014 SUBJECT: Discuss the process for the new match requirements for school districts, BOCES and the CSDB TYPE: Action Information X BACKGROUND (Include any statutory authority): HB14‐1190, pertaining to capital construction match requirements, was recently signed by the Governor. This change in statute allows for two additional factors to be considered by the CCAB when determining an applicant’s financial capacity as a means to provide matching moneys to a BEST grant. Since this change in statute occurred prior to the FY2014‐15 grant selection meetings, the CCAB must incorporate these factors into their review of financial capacity for this current round of applications. Having the bill enacted mid‐grant cycle has caused a few noted issues: Signed applications were submitted January 31st with an already identified match requirement; Careful planning and long term budgeting went into the applications based on the match requirement known at the time of the application due date; The new match calculation planning effort has not been initiated and will take several weeks to complete. The Division has met with their attorney general to discuss ways to incorporate this change while minimizing the negative affect it may have on the current round of applicants. To resolve this issue for the FY2014‐15 grant cycle only, the CCAB shall use unreserved fund balance and available bond capacity remaining as evaluation data points when reviewing grant applications and decision factors when reviewing waiver applications. Next steps to create a new matching formula: Create a sub‐committee with the CCAB; Hold sub‐committee meetings to discuss each matching factor; Hold stakeholder meetings to discuss each matching factor; Gather necessary data; Develop a draft match calculation based on new factors and committee discussions; Present the draft match to the CCAB for consideration; Revise and/or adopt the revised match calculation; Apply new match calculation for school districts and BOCES for future grant cycles. STAFF RECOMMENDATION Use unreserved fund balance and available bond capacity remaining as evaluation data points when reviewing FY2014‐15 grant applications and decision factors when reviewing waiver applications. Additionally, determine if the CCAB as a whole would like to develop the new matching calculation, for use with all future grant cycles, or if the CCAB wishes to develop a sub‐committee. STAFF RECOMMENDED MOTION (If this is an action item) N/A ATTACHMENTS: None PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD AGENDA SHEET MEETING DATE: April 23, 2014 SUBJECT: Present the FY2014‐15 BEST Grant Application Summary & Supplemental Books and discuss the grant application review process & schedule for the May grant selection meetings TYPE: Action Information X BACKGROUND (Include any statutory authority): Division staff has created a summary of all of applications received for the FY2014‐15 BEST grant cycle. In addition to the summary book, Division staff has created a supplemental book, which consists of a review from Division staff that parallels the grant application evaluation sheet that each board member will fill out. The intent of the supplemental book is to provide clarifying information that is not included in the application request. Attached is the proposed schedule of events for the May meetings. This will be distributed to the applicants and posted on the Division website. It outlines general information regarding the meeting, the application review process and an estimate of the time needed to review each project. STAFF RECOMMENDATION Briefly review the summary and supplemental books, and discuss the proposed schedule of events for the May meetings. STAFF RECOMMENDED MOTION (If this is an action item) N/A ATTACHMENTS: Proposed Schedule of Events for the Capital Construction Assistance Board (CCAB) May 20th & 21st 2014 Proposed Schedule of Events for the Capital Construction Assistance Board (CCAB) May 20th & 21st 2014 Each project will be thoroughly reviewed and discussed by the CCAB. This schedule is subject to change. General Schedule a) The meetings are planned to run from 8:30 a.m. ‐ 5 p.m. and will be held at the Adams 12 Conference Center – 1500 E. 128th Ave., Thornton, CO 80241 in the Dogwood and Piñon Pine Board Rooms; b) It is the intent of the CCAB to conclude the meetings by lunch on day 2, May 21st, but it may extend further if necessary; Breaks a) Breaks will be limited to 15 minutes; one morning and one afternoon break each day; Lunch a) There will be a 1 hour lunch break each day at a time that will remain flexible to stay on schedule; Technology a) The CCAB will be provided with two monitors per table; one to view grant application photos and one to view the list of projects. There will be two board members per table; b) Each CCAB member will have a microphone to address comments or ask questions; c) The public will have two projection screens that will mirror the same information being presented to the CCAB; d) The applicants will be provided a presentation table with microphones to address the CCAB; e) Wi‐Fi is available at no cost; Amenities a) The CCAB will have a continental breakfast, refreshments during the meeting, and lunch provided; b) The facility has a coffee shop and a café in house for members of the public; There are also several restaurants nearby; c) The facility has several restrooms and breakout areas; Accommodations a) For CCAB members and those participating in the meetings who are traveling, there are 9 hotels within 2 miles of the facility; Board Business a) The CCAB will discuss general board matters after all the applications have been reviewed; b) While general board matters are being discussed the Division will compile the evaluation scores and generate a prioritized list for discussion and finalization after general board matters conclude; 1 Proposed Schedule of Events for the Capital Construction Assistance Board (CCAB) May 20th & 21st 2014 Project Review General Applications will be reviewed alphabetically in the following order: County, Applicant, and Applicant Priority Number. Applicant’s photos will be shown while each project is being discussed; Applicants will be given the opportunity to present their project to the CCAB. Each applicant is allowed to have two representatives available to address the CCAB and answer questions pertaining to their grant application. This is voluntary and the application will not be penalized for not having a representative present. Individual Grant Application Review 1) Once a grant is up for review, the Director will ask the Division staff representative and the grant applicant to approach the review tables; 2) The Director of the Division will introduce the project (applicant name, project title and priority #), then ask the applicants’ presenters to introduce themselves; 3) After the presenters have introduced themselves, they will be given a two‐minute window to present to the CCAB; o The presentation should include any items the applicant wishes to address pertaining to the proposed project. No visual materials will be allowed for the presentation; 4) Following the applicant’s presentation, the Board Chair will open the floor to any discussion / questions the CCAB may have; 5) After the CCAB has reviewed the grant application and all questions have been answered, each CCAB member will complete a grant application evaluation sheet; 6) If a waiver is requested as part of the application package, the CCAB will evaluate the waiver, ask any questions and complete a waiver evaluation sheet; Statutory waivers will automatically be approved and a waiver evaluation will not be needed; The Board Chair will entertain a motion to approve the applicant’s waiver request; o Applicants whose waiver request is denied are still eligible to receive a grant; 7) After all evaluation sheets are collected by Division staff, the next grant application will be reviewed; 8) This process will be repeated until all applications have been reviewed. 2 Proposed Schedule of Events for the Capital Construction Assistance Board (CCAB) May 20th & 21st 2014 Day 1 ‐ May 20th, 2014 – Start Time 8:30 a.m. 8:30 – 9:30 a.m. ‐ Discuss the board business rules 9:30 a.m. – Projects for review (7 minutes per grant) ADAMS Adams 12 ADAMS Strasburg 31J ADAMS Westminster 50 ADAMS Westminster 50 ADAMS Westminster 50 ALAMOSA Alamosa Re‐11J ALAMOSA Alamosa Re‐11J ARAPAHOE Adams‐Arapahoe 28‐J ARAPAHOE Adams‐Arapahoe 28‐J ~10:30 a.m. – 15‐minute break ARAPAHOE Adams‐Arapahoe 28‐J ARAPAHOE Aurora Academy Charter School ARAPAHOE Sheridan 2 BENT Las Animas Re‐1 CHAFFEE Salida R‐32 COSTILLA Sierra Grande R‐30 CROWLEY Crowley Re‐1‐J CSI Caprock Academy CSI Ross Montessori Charter School ~12 – 1:00 p.m. – 1‐hour lunch break EL PASO Edison 54 JT EL PASO Edison 54 JT EL PASO Harrison 2 EL PASO The Classical Academy ELBERT Elizabeth C‐1 ELBERT Elizabeth C‐1 FREMONT Canon City Re‐1 HUERFANO La Veta Re‐2 KIT CARSON Arriba‐Flagler C‐20 LAKE Lake R‐1 LARIMER Estes Park R‐3 LARIMER Thompson R‐2J MESA Plateau Valley 50 MONTEZUMA Dolores Re‐4A MONTEZUMA Montezuma‐Cortez Re‐1 MONTROSE Montrose Re‐1J MONTROSE Montrose Re‐1J MORGAN Brush Re‐2(J) ~3:00 p.m. – 15‐minute break MORGAN Ft. Morgan Re‐3 OTERO East Otero R‐1 OTERO East Otero R‐1 STEM Partial Roof Replacement HS Electrical Upgrades Fairview ES Roof Replacement Metz ES Roof Replacement Hidden Lake HS Roof Replacement Ortega MS Roof Replacement Alamosa HS Partial Roof Replacement Dartmouth ES Misc. Repairs Aurora Central HS Partial Roof Replacement Virginia Court ES Security Vestibule Renovations Security Upgrades Sheridan HS Water Line Replacement JHS/HS Safety Upgrades Salida MS HVAC PK‐12 Security Upgrades Districtwide Security Upgrades Site Work Improvements Ross School Replacement Jr/Sr HS Renovations Jr/Sr HS Addition / Renovations Replace MS Boilers TCA HVAC and Electrical Upgrades Elizabeth HS Roof Replacement Singing Hills ES Roof Replacement MS Fire Alarm Replacement Jr/Sr HS Fire Escape / ADA Upgrades PK‐12 Roof Replacement and Repair Lake MS Roof Replacement MS Partial Roof Replacement HS Partial Roof Replacement PK‐12 ACM Abatement / Carpet Replacement Dolores Supplemental BEST Grant HS Supplemental BEST Grant for Technology Oak Grove ES Roof Replacement Montrose HS HVAC Upgrades MS & HS Boiler Replacement MS Replacement Primary School Kitchen / MEP Upgrades Jr/Sr High School ‐ Kitchen / MEP Upgrades / HS Pool Roof Replacement 3 Proposed Schedule of Events for the Capital Construction Assistance Board (CCAB) May 20th & 21st 2014 OTERO East School ‐ Fire Alarm Upgrade / Partial Roof Replacement Misc. Renovations / Upgrades Pueblo County HS Fire Protection / Safety Upgrades Rye HS Fire Protection West HS Fire Protection / Safety Upgrades School Renovation / Addition Districtwide Boiler Replacements / Control Upgrades Phone System Replacement East Otero R‐1 PUEBLO 60 Chavez Huerta Preparatory Academy PUEBLO 70 Pueblo Rural 70 PUEBLO 70 Pueblo Rural 70 PUEBLO 70 Pueblo Rural 70 PUEBLO 70 Swallows Charter Academy TELLER Woodland Park Re‐2 WELD Pawnee Re‐12 ~4:30 p.m. End of Day 1 (all grants have been reviewed) Day 2, May 21, 2014 – Start Time 8:30 a.m. 8:30 a.m. – Conduct any board business on the agenda and then review the prioritized list of projects. Review of Prioritized Grant Applications CCAB to conduct any board business items listed on the agenda; Once all board business is complete, Division staff will present the CCAB with the results of the grant application evaluation sheets; First, the grant applications will be sorted by their identified statutory need (priority 1, 2, 3, or 4); o Then, the sorted applications will be prioritized by their evaluation score, as determined by the average overall CCAB score; The CCAB will review the prioritized list to and make any final discussion remarks; A funding line will be drawn at the set amount of available funding (State share), which the CCAB will review and make their final motion to approve the list. The CCAB review will result in a prioritized list of projects to submit to the State Board for approval. The prioritized list shall include the CCAB's recommendation as to the amount and type of financial assistance to be provided and a statement of the source and amount of applicant matching moneys for each recommended project, based upon information provided by the applicant. The State Board may approve, disapprove, or modify the provision of financial assistance for any project recommended by the CCAB if the State Board concludes that the CCAB misapplied the prioritization criteria in the statute. If the State Board concludes that the CCAB misapplied the prioritization criteria in the statute, then the State Board shall specifically explain in writing, its reasons for finding that the CCAB misapplied the prioritization criteria. The forgoing is only intended to be a general outline of the process. The CCAB’s recommendations will be made in accordance with applicable statutes and rules. o 4 PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE BOARD AGENDA SHEET MEETING DATE: April 23, 2014 SUBJECT: Discuss available funds for the FY2014‐15 BEST Grant recommendation meetings TYPE: Action Information X BACKGROUND (Include any statutory authority): Each year the Division looks at available revenues, current obligations and long term budget forecasts to determine the appropriate amount of funding to recommend to the CCAB for award. STAFF RECOMMENDATION For the FY2014‐15 BEST grant cycle the Division is recommending the CCAB approve up to $15 million dollars in grant projects. The CCAB should determine if they wish to be flexible with their total recommendation, or wish not to exceed $15 million in awards. STAFF RECOMMENDED MOTION (If this is an action item) N/A ATTACHMENTS: None