ESU Coordinating Council
May 03, 2016 12:00 PM
Regular Meeting
1. ESU Coordinating Council Information
Rationale

Educational Service Unit Coordinating Council

Regular Meeting   
Tuesday, May 3, 2016 12:00 PM

Educational Service Unit No. 10
76 PLza Blvd, Kearney, NE

Video Conference Sites: NO DL

2. Call to Order
Rationale

Notice to visitors:  To be heard at this meeting, the "Request to be Heard" form, must be completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will call upon visitors wishing to address the Board in the order they were submitted or by subject.

Pursuant to Section 84-1411 of the Nebraska Statutes, notice of this meeting was given by advertisement in the ESUCC website, NE Public Meeting site, and host site.

Open Meetings Law
: Pursuant to Section 84 - 1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in this meeting room. 

Discussion

Call to order at 12:00 PM. Staff: David Ludwig, Deb Hericks, Scott Isaacson, Craig Peterson

3. Roll Call
4. Approval of Minutes
Attachments
Recommended Motion

Motion to approve the minutes as presented

Actions Taken

Motion Passed:  Motion to approve the minutes as presented passed with a motion by Uhing ESU 01 and a second by Mowinkel ESU 08 .

5. Petitions and Communications to the Board
5.A. State Board of Education and Nebraska Department of Education Report
Nebraska Department of Education
Rationale

2015-2016 NDE Board Meetings

Discussion

No report given.

5.B. Association of Education Service Agency's Report
AESA Representative - Jeff West
Discussion

No report given.

6. Executive Reports
6.A. Executive Director Report
Attachments
Discussion

Executive Director shared ESUCC updates. Instructional Digital Systems and Personalized Learning (IDSPL) met May 2, 2016. Discussion held around the multiple efforts and partnerships occurring to support instructional improvement, digital learning, personalized learning, ad related professional learning. Beginning to scale-up NROC/EdReady development and implementation. Governor's Workforce Round table met on May 2, 2016. Their purpose is connection, communication, collaboration and cooperation. Early childhood, dual credit and dual enrollment/career academies are the committee's focus. Frieda Lang and Sue Anderson are facilitation the Teaching and Learning with Technology (TLT) discussion to form their vision, mission, general governance. On May 10, the Coop staff, Executive Director and Assistant will work on policies and procedures for work to continue with entire staff next month. A small group of administrators continue to work with NWEA on providing an RFP for statewide assessment. Virtual Support Team is being created to support districts in the ADVISER dashboard process. The Team will consist of members from each ESUs. Continue to work through legislative process - long and short term goals. Begin discussions for the next legislative session. Communication (ESU Story), Awareness (Value), Prevention (Sustainability) continued points of discussion with legislators.

6.B. Executive Committee Report
Attachments
Discussion

President shared discussion in committee. Review of the protocol to bring proposals forth from affiliates to committee, to board as a whole. NESUBA would like Administrations to discuss with their Boards needs assessment if any training needs NCSA can help them with. NESUBA will have one meeting a year during NASB Conference.

7. Public Comment
ESUCC President - Jeff West
Rationale

To be heard at this meeting, the "Request to be Heard" form has been completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will now call upon visitors requesting to address the Board in the order they were submitted or by subject.

Discussion

No public comment.

8. Recommendations from Standing Committees and Project Reports
Rationale

NOTE: At this time, reports from the chairs of the ESUCC Committees are presented. The Reports summarize recommendations from the Committee and also include items of information presented for the purpose of keeping the Board of the Educational Service Unit Coordinating Council informed.

Committee chairs will make recommendations to the full Board to approve items considered during the Standing Committee meetings.  Generally, in-depth discussion of action items takes place at Committee meetings, which are open to the public.

8.A. Finance, Audit, Budget Committee
Attachments
Discussion

Committee chair reviewed committee discussions.

8.A.I. Approve Claims, Financials Statements, and Assets for Month of May
Committee Chair Schnoes
Rationale

April financials have not yet been reconciled so we have unreconciled project summary for the month of May.  The monthly budget meeting will be held after bank statements received and reconciled for the month.  

Attachments
Recommended Motion

Approve Unreconciled Claims, Financials Statements, and Assets for Month of May

Actions Taken

Motion Passed:  Approve Unreconciled Claims, Financials Statements, and Assets for Month of May passed with a motion by Schnoes ESU 03 and a second by Mowinkel ESU 08 .

Discussion

Committee chair reviewed the unreconciled project summary for the month. The monthly budget meeting will be held after bank statements received and reconciled for the month. Final reports will be approved at the July meeting.

8.A.II. Approval of April Expenses to be paid in May
Committee Chair - Schnoes
Rationale

Expenses to be approved are from April 8 - April 29th for the amount of $142,689.27.

Attachments
Recommended Motion

Recommend motion to approve April expenses to be paid in May

Actions Taken

Motion Passed:  Recommend motion to approve April expenses to be paid in May passed with a motion by Schnoes ESU 03 and a second by Calvert ESU 15.

Discussion

Committee Chair reviewed the April expenses to be paid in May.

8.A.III. Approval of June, July, August Claims as approved by Executive Director
Committee Chair - Schnoes
Rationale

Approval of June, July, August Claims as approved by Executive Director

Recommended Motion

Approval of June, July, August Claims as approved by Executive Director

Actions Taken

Motion Passed:  Approval of June, July, August claims as approved by Executive Director passed with a motion by Schnoes ESU 03 and a second by Mowinkel ESU 08 .

Discussion

Committee Chair recommends to give the Executive Director approval to pay expenses in June, July, August Claims. ESUCC Board will approve these expenses and the next possible board meeting.

8.A.IV. Approve Staff Salaries
Committee Chair - Schnoes
Rationale

Note from May 5, 2015:  Range of 3-5% for staff with the exception of Technology Director, increase 8% to get his salary for next 3-4 years to get salary comparable to other directors.

Recommended Motion

Recommend a 2-4% total package with exception of Technology Director increase for personnel deemed necessary by the Executive Director after financial review

Actions Taken

Motion Passed:  Recommend a 2-4% total package with exception of Technology Director increase for personnel deemed necessary by the Executive Director after financial review passed with a motion by Schnoes ESU 03 and a second by Beatty ESU 16.

Discussion

Committee Chair and Executive Director discusses the staff increases for 2016-2017.

8.A.V. Approve Final Audit Report for September 1, 2014 - August 31, 2015
Committee Chair - Schnoes
Rationale

The final audit report has been received.  The Federal Single Audit was submitted on Monday, May 2, 2016. 

Attachments
Recommended Motion

Recommend approval of Final Audit Report for September 1, 2014 - August 31, 2015

Actions Taken

Motion to Amend Passed:  To amend the motion from: "Recommend approval of Final Audit Report for September 1, 2014 - August 31, 2015" to: "Recommend to accept the Final Audit Report for September 1, 2014 - August 31, 2015" passed with a motion by Schnoes ESU 03 and a second by Beatty ESU 16.

Discussion

The final audit report has been received. The Federal Single Audit was submitted on Monday, May 2, 2016.

8.B. Technology Committee
Attachments
Discussion

Committee chair reviewed committee discussions. Chair will be sending out information for NNNC.

8.B.I. Approve NOC Training
Committee Chair - TeDurk
Rationale

NOC is requesting the use of training funds for FortiGate Security Systems II training.  After soliciting proposals from New Horizons and Infogressive, we realized that certified training will cost almost exactly the same amount from any provider.  Infogressive allowed the discounted pricing on a smaller number of participants (5 vs 12), and also offers the training on a regular schedule with a trainer who has recent industry experience.  The course is offered every other month in Lincoln with a videoconference option to the live class.

As long as K-12 entities register at least 5 participants in any scheduled training this summer, Infogressive has agreed to offer a discounted price of $500/participant/day for training. The trainings in question are to be held on May 25-27 and July 20-22, 2016. For the requested training, the cost will be $1500 per participant rather than the $2525 regular price. NOC voted 9-1 in an online poll in favor of the training and 8 members committed to taking the training in a survey.  
 
Based on these results, NOC is requesting that ESUCC approve the use of $1500 per ESU for FortiGate Security Systems II, up to our $19,500 budget limit.  In the event of more than 13 participants, the funds will cover training proportionally per ESU.  Additionally, at the request of the vendor and to facilitate greater participation among interested ESUs and schools, NOC is requesting that ESUCC act as the fiscal agent for all registrations, billing ESUs and schools accordingly, and communicate registration information with Infogressive as needed. 

Attachments
Recommended Motion

Recommend approval for NOC to use up to $19,750 for Fortinet Training with Infogressive in Lincoln provided they have 5 registered for each training for discount

Actions Taken

Motion Passed:  Recommend approval for NOC to use up to $19,750 for Fortinet Training with Infogressive in Lincoln provided they have 5 registered for each training for discount passed with a motion by DeTurk ESU 02 and a second by Polk ESU 07.

8.C. Cooperative Purchasing Project
Attachments
Discussion

Committee vice-chair reviewed committee discussions. There was an update by legal regarding the esm claim against ESUCC. Liability coverage will not cover the claim. Legal discussed the judges that have been assigned to our case. Legal will file an answer by May 30, 2016.

8.C.I. Consent Items
Committe Chair Tedesco
Rationale

Contracts to be approved.

Actions Taken

Motion Passed:  Recommend to approve consent items as presented pending legal review passed with a motion by Calvert ESU 15 and a second by Beatty ESU 16.

8.C.I.a. Recommend Approval Canvas Contract
Committee Chair - Tedesco
Rationale

Last year Instructure and ESUCC had difficulty in finalizing an EUSCC Special Buy contract so we moved forward due to schools needing to purchase with an Instructure MSSA agreement.  Since then Instructure's Nebraska representative has changed and we are revisting the ESUCC contract format.  Currently we have a non-finalized redline contract that is being reviewed by Instructure.  This will be reviewed by our legal before signing.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract with Instructure for Canvas, upon favorable review by ESUCC attorney

Discussion

Last year Instructure and ESUCC had difficulty in finalizing an EUSCC Special Buy contract so we moved forward due to schools needing to purchase with an Instructure MSSA agreement. Since then Instructure's Nebraska representative has changed and we are revisting the ESUCC contract format. Currently we have a non-finalized redline contract that is being reviewed by Instructure. This will be reviewed by our legal before signing.

8.C.I.b. Recommend Approval GoGuardian Contract
Committee Chair - Tedesco
Rationale

The initial GoGuardian contract was for a one year term.  While at the NETA conference Coop Director Peterson had discussions with Nebraska City and the need to add additional product to the contract to include the Teacher Admin license that the previous contract didn't include.  While discussing this with GoGuardian we realized the contract will end this year.  Peterson is recommending to GoGuardian a 3 year contract and has sent the attached redline contract.  The attached contract does not include pricing from GoGuardian for the Teacher Admin license or any updated pricing for the contract.

Once a final contract is agreed on legal will review.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract for GoGuardian, upon favorable review by ESUCC attorney.

Discussion

The initial GoGuardian contract was for a one year term. While at the NETA conference Coop Director Peterson had discussions with Nebraska City and the need to add additional product to the contract to include the Teacher Admin license that the previous contract didn't include. While discussing this with GoGuardian we realized the contract will end this year. Peterson is recommending to GoGuardian a 3 year contract and has sent the attached redline contract. The attached contract does not include pricing from GoGuardian for the Teacher Admin license or any updated pricing for the contract.

8.C.I.c. Recommend Approval of Sysco Food Program contract extension.
Rationale

The Prime Vendor Food program is entering it's last year on contract before needing to be rebid.  Attached is the final extension on contract.

Attachments
Recommended Motion

To have ESUCC Executive Director sign extension for Sysco, upon favorable review by ESUCC attorney.

Discussion

The Prime Vendor Food program is entering it's last year on contract before needing to be rebid. Attached is the final extension on contract.

8.C.II. Recommend approval to authorize Executive Director to approve/sign contracts
Rationale

Recommend approval to authorize Executive Director to approve contracts/sign during months of May, June, July, August upon favorable review by ESUCC attorney

Recommended Motion

Recommend approval to authorize Executive Director to approve/sign contracts during months of May, June, July, August upon favorable review by ESUCC attorney

Actions Taken

Motion Passed:  Recommend approval to authorize Executive Director to approve/sign contracts during months of May, June, July, August upon favorable review by ESUCC attorney passed with a motion by Calvert ESU 15 and a second by Lofquist ESU 09.

Discussion

Committee discussed the need for the Executive Director to be able to approve/sign contracts during May, June, July and August upon favorable review by ESUCC attorney.

8.C.III. Approve Interlocal with Fillmore County Hospital
Rationale

The Fillmore County Hospital is interested in entering into an Interlocal Agreement between ESUCC and Fillmore County Hospital for the solicitation of public bids and enter into contracts on its own behalf and to purchase supplies, material, equipment, and services.

 

RESOLUTION

 

WHEREAS, on May 3, 2016, at a duly convened and scheduled meeting of the Educational Service Unit Coordinating Council, also known as the ESUCC, it was recommended and deemed advisable that the Council enter into the Interlocal Agreement with Fillmore County Hospital to jointly bid and contract, for supplies, materials, equipment, and services through the ESUCC’s Cooperative Purchasing Program;

 

AND WHEREAS, consideration of the matter was a duly advertised agenda item for the said meeting of the ESUCC; 

 

AND WHEREAS, an opportunity was afforded any interested party to comment on the matter; and the ESUCC being apprised of the various aspects of the issue;

 

AND WHEREAS, the Board has determined that entering into the Interlocal Agreement is in the best interests of the ESUCC and its members and is appropriate to provide for the efficient and effective operation of the ESUCC;

 

NOW BE IT THEREFORE RESOLVED that the ESUCC’s Executive Director be authorized on behalf of the ESUCC, pursuant to this Resolution, to affix his signature to the aforementioned Interlocal Agreement and to do all things necessary to comply with said Agreement.

It was so moved by _________________ and seconded by __________________ this 3rd day of May, 2016.

 

Roll call vote as follows:

 

Name                                          Yes    No

 

ESU 1:       ___________________________        ___   ___

 

ESU 2:       ___________________________        ___   ___

 

ESU 3:       ___________________________        ___   ___

 

ESU 4:       ___________________________        ___   ___

 

ESU 5:       ___________________________        ___   ___

 

ESU 6:       ___________________________        ___   ___

 

ESU 7:       ___________________________        ___   ___

 

ESU 8:       ___________________________        ___   ___

 

ESU 9:       ___________________________        ___   ___

 

ESU 10:     ___________________________        ___   ___

 

ESU 11:     ___________________________        ___   ___

 

ESU 13:     ___________________________        ___   ___

 

ESU 15:     ___________________________        ___   ___

 

ESU 16:     ___________________________        ___   ___

 

ESU 17:     ___________________________        ___   ___

 

ESU 18:     ___________________________        ___   ___

 

ESU 19:     ___________________________        ___   ___

 

Attachments
Recommended Motion

Recommend approval of proposed resolution, upon favorable review by ESUCC attorney

Actions Taken

Motion Passed:  Recommend approval of proposed resolution, upon favorable review by ESUCC attorney passed with a motion by Calvert ESU 15 and a second by Schnoes ESU 03.

Discussion

Coop Committee discussed the interlocal agreement between ESUCC and Fillmore County Hospital.

8.D. PD Leadership Committee
Attachments
Discussion

Committee chair reviewed discussion held in committee. Executive Director will continue to work with NWEA on discussion of statewide assessment and student pricing.

8.D.I. Statewide Training Needs
Committee Chair - Lofquist
Actions Taken

Motion Passed:  Recommend to give the Executive Director the authority to make contact and schedule Title IX passed with a motion by Lofquist ESU 09 and a second by DeTurk ESU 02 .

Discussion

The SpecialEd Law conference with KSB was a huge success and would like to gather more ideas on possible trainings. Possible topics: Statewide training needs/topics to have with KSB ie: Sped Law (Fall), Student Discipline (Spring), including bullying, Title IX (Fall), Business practices (Spring), Board ethics (February), Fair Labor Act. Vet through appropriate committee.

8.E. Special Populations Committee
Attachments
Discussion

Committee Chair reviewed discussion in committee. Behavioral Health continues to be discussion. Chair will send a survey to ESPD on statewide training needs. Review of the project director report.

8.F. Legislative Committee
Attachments
Discussion

Vice-committee chair reviewed the discussions held in committee. Planning session to be held in June to discuss future legislative needs.

9. New and Miscellaneous Business
9.A. Best Practices Discussion
President Jeff West
10. Unfinished Business
10.A. Bylaws & Policy Review
ESUCC President - Jeff West
10.B. Strategic Planning Process
11. Public Comment: Recognition of Visitors
ESUCC President - Jeff West
Rationale

To be heard at this meeting, the "Request to be Heard" form has been completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will now call upon visitors requesting to address the Board in the order they were submitted or by subject.

Discussion

No public comment.

12. Executive Session
Rationale

The ESU Coordinating Council is authorized by state statute to enter into executive session. Executive session may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

Recommended Motion

Motion to enter into Executive Session

13. Adjournment
Recommended Motion

Motion to adjourn meeting

Actions Taken

Motion Passed:  Motion to adjourn meeting at 1:20 PM passed with a motion by Schnoes ESU 03 and a second by Lofquist ESU 09.