ESU Coordinating Council
July 27, 2016 3:00 PM
Regular Meeting
1. ESU Coordinating Council Information
Rationale

Educational Service Unit Coordinating Council

Regular Meeting   
Wednesday, July 27, 2016

Fairfield Inn
510 W Talmadge Rd
Kearney, NE 68845

Video Conference Sites: NONE
DL Sites:  

 

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 3:02 pm

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 Beatty ESU 16 and a second by Lofquist ESU 09.

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

Please use Power Point with Boards and other interested parties. Executive Director reviewed updates for ESUCC (Power Point). Review of COOP litigation/mediation and other interested entities in the program through Equal Level. Executive Director discussed the portal work that we extended contracted with Unicon. Storage Area Network (SAN) was purchased through Thinkmate and we have had several drive issues and not being able to move out of production. Will be returning the SAN for them to fix and they have extended our warranty. When returned, if does not work the agreement to return equipment. Trainings have been scheduled with KSB for the upcoming year. Cost will be $1000/ESU. SRS Development is continuing to move forward with a patchwork approach. Created an aggressive plan and broke down into phases (sprints 1, 2, 3). Contracted with Mindshine to help move phases/sprints through at a faster pace so that Systems Analyst can move into the development work. NDE has several programmers that we may be able to utilize in future efforts. The Virtual Support team is looking for a staff developer and technical person from each ESU to serve on this committee.

5.A.I. 2016-2017 Budget Review
Executive Director Ludwig
Attachments
Discussion

Executive Director reviewed budget with ESUCC Board. Coop Director reviewed the current COOP processes and hope for future increases in all areas. Executive Direct and Technology Director reviewed the NDE portion of the budget and areas that they will be helping to fund (NROC, monitoring system, liability coverage etc.). MOU with NDE is now in place and we can not start working on contracts for these areas of need.

5.B. Executive Committee Report
5.B.I. Executive Director Contract
President West
Rationale

2015-16 Executive Director salary $146,307. 

2015-2016 ESU Administrator salary - 12 administrators higher.  Total package 9 administrators are higher. 

2015-16 State Executives $175,000 salary (Pennsylvania) and $90,000 (.5 FTE - New York)

Recommended Motion

Recommend to approve Executive Director's contract

Actions Taken

Motion Passed:  Recommend to approve Executive Director's two year contract/total package with the increase of 7% for 2016-17 and 2017-18 passed with a motion by West ESU 13 and a second by Beatty ESU 16.

Discussion

Karen Haase, KSB Law reviewed some changes to the Executive Director's contract. The contract will remain with July 1. If there would be a change to Executive Director discussion would need to begin early winter. President reviewed the salary array for other administrators across the state. President recommends a 7% increase for the next two years for the Executive Director.

5.B.II. ESUCC Committee Membership
President West
Rationale

This information is provided in draft form with final approval to be in September.

2016-2016 Committees Draft

ESUCC Committee Members

Discussion

President reviewed the committee membership for the 2016-17 and 2017-18 years.

6. 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

There is no public comment.

7. 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.

7.A. Finance, Audit, Budget Committee
7.A.I. Approve Claims, Financials Statements, and Assets for Month of April, May, and June
Committee Chair Schnoes
Rationale

 

Attachments
Recommended Motion

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

Actions Taken

Motion Passed:  Approve Claims, Financials Statements, and Assets for Month of May and June passed with a motion by Polk ESU 07 and a second by Uhing ESU 01.

Discussion

Treasurer reviewed the budget reports with the board for the months of April and May.

7.A.II. Approval of May/June Expenses to be paid in June/July
Committee Chair - Schnoes
Rationale

Expenses to be approved for May was $170,974.11 and June was $422,015.80.

Attachments
Recommended Motion

Recommend motion to approve May/June expenses to be paid in June/July

Actions Taken

Motion Passed:  Recommend motion to approve May/June expenses to be paid in June/July passed with a motion by Calvert ESU 15 and a second by DeTurk ESU 02 .

Discussion

TReasurer reviewed expenses that were paid in June and July.

7.A.III. Monthly Staff Budget Meeting
Committee Chair Schnoes
Rationale

Monthly Budget Meeting Agenda/Notes

Meeting to be held after financials statements have been reconciled. 

Discussion

Executive Director and Treasurer plan to go to Ainsworth once a year to review budget with Business Manager.

7.B. Cooperative Purchasing Project
7.B.I. ESM Settlement
Executive Director Ludwig
Rationale

Recommend approval of Executive Director/Legal Counsel to negotiate settlement not to exceed ______

Discussion

Karen Haase, KSB reviewed the current process of the ESM litigation. Settlement conference/mediation is set for September 28, 2016. President and Executive Director are looking for direction amount for Executive director and Legal counsel to negotiate.

7.B.I.a. 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 closed session to conduct a strategy session and receive legal advice related to pending litigation. Roll call vote: ______. Upon passage of the motion, Council President West stated that the council would limit itself to discussion of the strategy session and receive legal advice related to pending litigation in closed session. The council entered closed session at ___ p.m.

Actions Taken

Motion Passed:  Motion to enter closed session to conduct a strategy session and receive legal advice related to pending litigation. Upon passage of the motion, Council President West stated that the council would limit itself to discussion of the strategy session and receive legal advice related to pending litigation in closed session. The council entered closed session at 4:50 p.m. passed with a motion by Beatty ESU 16 and a second by Schnoes ESU 03.

Motion Passed:  Motion to emerge from closed session and Board re-entered open session at 4:52 p.m passed with a motion by Beatty ESU 16 and a second by Schnoes ESU 03.

8. New and Miscellaneous Business
8.A. North Star Negotiations
Kraig Lofquist
Rationale

NOTE for Craig Caples:

Kraig

That is great.  Also, if you want to let every know during your meeting that we have decided that after this first year the pricing there will be the yearly fee but we have decided to lower it.  ESUs that participate in the beta testing in the first year will move directly into the 3rd year pricing which we have now set at $1,100.  Any ESU that doesn’t participate in the first year of beta testing and decides they want to come on later will still have to go through the first year, second year, and then get to the third year pricing.  The new pricing structure for ESUs will be $2,400 first year, $1,800 second year, and then $1,200 for the third year and every year after.  This makes the third year pricing quite a bit lower than we initially released.  Please keep in mind, that first year will be no cost so we can get everything worked out in the system that first year.  Thanks.

Craig Caples
Director of Technology
Nebraska Association of School Boards
Chief Information Officer
Sparq Data Solutions, Inc.
Direct Phone: (402) 817-0294
Main Phone:   (800) 422-4572
1311 Stockwell Street
Lincoln, NE 68502
http://www.nasbonline.org
http://www.sparqdata.com

Discussion

ESU 9 Administrator reviewed current offer of pricing for the North Star Negogiations for ESUs.

9. Unfinished Business
9.A. Bylaws & Policy Review
ESUCC President - Jeff West
9.B. Strategic Planning Process
10. 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

11. Adjournment
Recommended Motion

Motion to adjourn meeting

Actions Taken

Motion Passed:  Motion to adjourn meeting at 5:01 PM passed with a motion by Schnoes ESU 03 and a second by Lofquist ESU 09.