January 12, 2023 at 5:30 PM - Bradley County Board of Education Regular Meeting

Discussion:  Chairman Lee called the meeting to order and welcomed distinguished guests; Commission Chairman Tom Crye, Education Chair Cindy Slater, Commissioner Denny Collins, and former Commissioner Johnny Mull.

Discussion:  Mr. Teddy Bryson led the Pledge of Allegiance.
 

Discussion:  Chairman Lee asked the Board if they would like any Agenda items pulled from the Consent Agenda. Director of Schools, Dr. Linda Cash, asked that Item F be pulled from the Consent Agenda to allow Mr. Johnny Mull to address the Board in the process of establishing bids for the County. Chairman Lee agreed that Item 4.f.1. would be moved under item 12.

Discussion:  Chairman Lee announced there were no people signed in to address the Board.

Discussion:  Dr. Cash began by thanking the Bradley County Sherriff's Office for their partnership in School Safety and commended them for helping Bradley County Schools with a situation this week that was not true. Dr. Cash read the Press Release that was released by Bradley County Sherriff's Office. 

Dr. Cash introduced a series of promotional videos that will be released each month at the Board Meetings. She stated that this month's video highlights "Teachers". Dr. Cash stated that without our teachers, we cannot be great.

Lastly, Dr. Cash spoke about the STEM Bus, which was shown the Board Members prior to the meeting.

Discussion:  Mrs. Carolyn Ingram, TSBA Southeast District Director and Cleveland City Board Member, presented the Board with the TSBA Board of Distinction Plaque. She explained that the award is a very prestigious award and not a lot of boards receive this award. 

Discussion:  Mrs. Susan Willcutt announced to the Board that the state issued the Audit Report for Bradley County Government, which Bradley County Schools falls within. Mrs. Willcutt informed the Board that Bradley County Schools received a clean audit with no findings. 

Discussion:  Mrs. Dana Yost shared documents with the Board for informational purposes. Mrs. Elizabeth Kaylor highlighted a few areas of the brochure to the Board to guide or clarify understanding of the Third Grade Retention Law.

Discussion:  Mrs. Vicki Beaty introduced a Resolution from the Bradley County Board of Education to be sent to Legislators regarding the Third Grade Retention Law. This is a resolution regarding a request to the General Assembly to "amend" State law regarding the retention of 3rd grade students. Currently, a student in 3rd grade should not be promoted to the next grade level unless the student is proficient in ELA as measured by the TN Comprehensive Assessment Program (TCAP).

While there are exceptions in State law to this requirement, the BCBOE recommends additional provisions allowing school districts to make retention decisions based on ALL school district information.

Mrs. Vicki asked Dr. Cash for further comments on the Resolution. Dr. Cash explained that legislators asked to hear from the School District. They stated that they cannot make changes unless they know what is being asked to change. Dr. Cash stated that the District has been working with Legislators since the beginning, letting them know that this is not what is best for the students. Dr. Cash stated that TCAP does not need to trigger retention for a child, but rather be used for planning purposes and moving forward. Dr. Cash stated that we are looking at a whole child, not just one test.

Dr. Lovingood applauded Mrs. Beaty on her verbiage to her charge to the Legislators. 

Mrs. Beaty stated this was a brief presentation, but the entire resolution is available. 

Discussion:  Corbett Drew presented Change Order 18 to the Board, asking for $96,535 to complete a number of miscellaneous items. Mr. Bryson asked Mr. Drew to name one thing for the audience. Mr. Drew stated the Fire Marshalls and Building Officials, in doing their final walk-throughs, requested boxes so the fire department could get into each space and railing in various locations. Mr. Drew went on to explain that we are very close to closing out the contract and being wrapped up. Mrs. Goins asked what the difference was in the electrical system addition from the beginning to now. Mr. Drew explained the new equipment that was purchased for PIE requires a different voltage than what was originally anticipated. Mr. Taylor asked where the money for this change order would come from. Dr. Cash stated that the Board reserved and earmarked $1,000,000 for situations like this.

Discussion:  Dr. Lovingood opened by saying that words matter and clarity is important. He asked for clarity on the amount that has been set aside for the track at Bradley, and if the Board already has an architect.

Dr. Cash asked that Kyle Page and Corbett Drew give an update on the status of the track, then asked Susan to first give Dr. Lovingood clarity on the amount set aside for the architect. 

Susan Willcutt stated, "The $48,888 was the estimate of what we thought would be left after the sports projects were complete, so that was one pot of money. I think what you are talking about, the $26,000, I was asked at one meeting, what was left from the initial $5M capital outlay that the Board went over at the retreat, and I think you guys allocated $4.2 at that retreat, and we used another $700,000 for bonuses, and I was asked what was left out of that pot. There was approximately $25,000 left out of that money. I do not know if that was allocated, I was just asked what was left." 

Dr. Lovingood stated that he was confused and clarity is important. He was also confused because he thought we already had an architecture firm already gotten and he did not remember voting on an architecture firm. 

Chairman Lee informed Dr. Lovingood that the confusion was when Mrs. Willcutt was speaking about the amendment for the $5 million, she was asked a question that wasn't related to the amendment that she was presenting. Chairman Lee explained that is what confused Mrs. Willcutt, because she was just prepared to speak about the item that was on the agenda that night. Mrs. Willcutt said that there was $25,000 left in the last meeting, because she didn't have that figure in front of her. Vice Chairman Beaty and Chairman Lee reiterated those are two separate pots of money. Mrs. Beaty confirmed the $48,888 was the amount that was set aside for the track. Mr. Bryson stated that the audience needs to know this money is not to build the track, it is just to get the process started. Chairman Lee stated that the confusion came when she asked for an update. They said that Peter Ludman, who is the architect for the Science Wing, when completed, there are things we could use to assist with the track, like the Site Review of the plumbing of the entire campus.

Kyle Page stated that coming out of Tennis Courts, Peter Ludman's services were utilized to get due diligence done, looking at drainage, looking at the Science Wing, looking at a number of components. That has been completed and can be utilized to look at the design of the track. In addition, there will be further due diligence done. The process moving forward, Corbett can speak on the RFQ. Vice Chair Beaty reiterated that what has been done, for the Science Wing anyway, has saved the tax payers money, because we can use those things for the track. 

Corbett Drew stated to Dr. Lovingood, that Cope Architect has not been engaged, no architect has been engaged for the track.

Dr. Lovingood said, "I wanted to make that clear, because it wasn't clear earlier. But I do think that we do something, like getting bids to do architecture plans, I think we'd be our due diligence, not just to if we're gonna  land in one company for everything we bid, everything we build, and I'm not sure how much that's why is one, two is this I'm not sure if we're getting, I'm not saying one is bad, one is good. I've always thought that you would get one or two people, two companies, three to look at bidding process out to be the plan to make the plans for building facilities for our track.

Corbett Drew said, "So what we would propose is an RFQ process a request for qualifications to design professionals, engineers and architects will not competitively bid based on price. But an RFQ or request for qualifications. You get proposals from whichever firms are capable and you looked at the body of their work, you look at specific experience related to exactly what you're wanting to engage them for. You would be remiss if you didn't look at the economics of their of their proposal, but you you look at it on more holistic across across all qualifications and what they're proposing. You could even have them in the interview."

Dr. Lovingood said, "I know I'm just a preacher, and I've never really built anything, but with that, I understand that. That's why I think it's important to get multiple people, multiple bids to look at our facilities, because I just think this is wise, it's wise business. And I wouldn't do it for anybody." 

Dr. Cash stated that we have always done that. Mr. Bryson asked if she intended to not do that on this one. Dr. Cash replied, "No, I did not. I will tell you that since Cope architect was doing our study of the elementary school, I had a conversation with Peter Ludman that said, when you are at Bradley Central, would you take a look back there and see what you know if there's any hotspots or anything that we need and just touch base with Mr. Spangler. I called Mr. Spangler and told him that Peter would probably be by there, but we did not engage in architects. As a matter of fact, we have another architect engaged right now with the PIE Center that we did the same process; RFQs, bids, presentations, so we all do that. Now with the science wing, that's exactly what we did as well. So, moving forward, I just want to be very clear about the process. The recommendation for the Board, would you go over that with us one more time?

Mr. Drew stated the first step is to go through the RFQ process. Regardless of the amount, the recommendation going forward would be to use that pool of funds to complete any remaining due diligence, but I think the first step to that is to go through the RFP process and select an architect. Get a design team together, once they have a conceptual design, and we know where the field house is going to go, then we can come in and complete our due diligence, which would be some additional borings under foundations, to understand how it's gonna come together.

Mr. Bryson asked, "You have people you can talk to that can build tracks and design tracks?

Mr Page stated I think by putting out an RFQ request for qualifications, you can have a number of folks and we can assess the work.

Mr. Taylor asked if they would be able to solicit to specific companies that have experience in building tracks.

Mr. Page stated there are certain things that have to be met specifically when doing any kind of projects. In fact, there's TCA code, that anything over $50,000 must have an architect and engineer stamp those drawings, because that's just state law. So depending on the companies, in this case, that have those abilities, that sometimes sorts through who can do what. Once the RFQ is put together, request for qualifications are put together, and folks begin put their their work out there, then it is at the pleasure of the board to look at who is best qualified. 

Mr. Taylor asked, "Is the architectural stamp that you were talking about, is that what we have contracted Wright Brothers to kind of oversee all of our Bradley County projects?"

Mr. Page responded, "That specifically was for the capital outlay projects dealing with the roofs and dealing with the asphalt. This would be a separate project."

Mr. Drew further explained, "There are two solicitations; one request for qualifications to select a design team. When that design is complete, there'll be a separate solicitation for construction. And there are some firms that specialize in educational. They have an educational studio and so they do a lot of school work, a lot of sports-related school work for high schools and colleges. But in your travels and in your away games, if you do see facilities that you really like, let us know and we can find out who designed those and we can make sure that certain firms know and can can have an opportunity to respond. We can't force anybody.

Dr. Lovingood stated, "I spoke with Turner, athletic director at the school, coach Frazier, and they have a company, Baseline Sports Construction, that built Baylor, Chattanooga Christian, Soddy Daisy, Hixon, Howard, Grace Christian, and CAK's track and so, I just call them for ten that they have built and they said they've got scores of all around Knoxville and this area. Anytime you build Baylor, you know those types of schools, you know you are going to be pretty good. They have already gone through our Athletic Director and our coach, so I was like why don't look at them.

Mr. Drew responded, "Once we get to the design process, and have a set of plan that addresses the overall construction, once we have a design, we can absolutely include them in the solicitation."

Mr. Page reiterated that anyone can be included in the solicitation, it is just making sure we go through the right process.

After further discussion, Dr. Cash asked Chairman Lee, "I make a recommendation for you to appoint two board members to stay in touch with these two gentlemen as this process goes on, and then they could be on the ground with them, so that the board does have knowledge of the process. That makes sure that things are moving and happening, so I personally am requesting that. Then I want to reiterate the next move for this would be an RFQ for design."

Vice Chair Beaty stated, "Before we do that, I want to make sure that the process is as you stated the RFQ for the architect, and then once that has been chosen and we have the plans, then we move on with the construction, just as we have done on every other process."

Mr. Page agreed, "Everything will be brought back to the Board with separate steps for the board to be aware of and involved with in the separate steps. So right now we've got $48,888, and nobody's spending that right now, we're just soliciting. We would do an RFQ to see who's out there, what their expertise is and try to get them in to show us what they're capable of. And then begin to step through this process."

Chairman Lee appointed Dr. Jeff Lovingood, since that school is in his district. Then appointed Vice Chairman, Vicki Beaty.

Dr. Cash stated for clarity, "We will go through the RFQ process and then once those are received, those will be those will be analyzed. Then the board, once they get that will select an architect, then we move into the next phase."

Mr. Page stated that was correct.
 

Discussion:  Mr. Johnny Mull opened by stating, "Dr. Cash and the board my understanding is you want to know about the process. Going through the process, when I met here last time with you on December the 15th to discuss about the timeline and what we were going to do, we did follow through with that. From December 17 until the 22nd, there was legal notice put in the Banner to tell about our intentions for Vendor notification and the bid packet, which would be on our website. Vendors were allowed to go and read through it, get a copy of that if they wanted it and if they were interested. After that on Tuesday, December 27, there was a pre-bid meeting at the PIE Center, where if you were going to bid on it, you had to be at that. So we would answer any questions and do a walkthrough of the facility so they could see what they were actually going to be cleaning. We had two vendors that came that day and went through that process with me and Kyle Page. After that, we waited. I told them that they could reach out to me with any questions that they had about anything in particular, and I answered several questions along those lines as we went in about. The bid itself, the packet, each vendor had exactly the same thing, so nobody could say well I got this, I didn't get that. They both had the same thing to bid on paper. On Wednesday, January 4, at two o'clock, here at the Central Office, the bids were opened. I believe Ellen Smith from the Business Office led the meeting, I had to go to a funeral, so she opened them. She was here with Dr. Cash and Kyle Page and the vendors that showed up here to do that. At that point they were read aloud what the bids were, and the bids were then, after we discussed that and saw the difference in the bids, it was determined to send those on to the Board about what the recommendation would be and then we would be here tonight to recommend. The two bids were $131,621 and $368,000, so we had decided at that point to recommend ABM receive that bid. 

Mr. Bryson asked if the Board had to accept the lowest bid. Mr. Mull explained, "It is the lowest and best, but if you don't, you have to give justification as to why you're why you're doing that." 

Mr. Lovingood asked why there was that much of a spread. Mr. Mull stated he did not know. "There was some discrepancy with one vendor about what the actual square footage was, and went back and measured it. But in doing so, the numbers that I put on there came from Elen, which came from Corbett, and he did the project, so I assumed it was right. But in that situation, even so if they were wrong, you still bid what the numbers are, and then whoever gets the bid, if they are wrong, we negotiate that before we sign a contract."

Vice Chair Beaty reiterated that each vendor, each person that bid, had the same information, so then it was up to the vendors to look at what was needed for that particular facility in order to bid. 

Mr. Bryson asked, since there was that much of a difference, can someone say I want to rebid.

Dr. Cash stated, "I think Mr. Bryson was asking once that sealed bids have been opened, can someone changed their bid?" Mr. Mull, without hesitation, said, "No." 

Mr. Mull stated that if we do not accept either one, then rebid, we could do that.

Mrs. Goins stated. "But then we will have the problem where they know what their previous bids were, one is going to come back higher, one is going to come back lower, and you are defeating the purpose of the bids."

Mr. Mull explained that when re-bidding, you will also go without services being done at the PIE Center.

Mr. Bryson asked if the bid was for the whole year, at just the PIE Center. Johnny Mull confirmed.

Mr. Taylor asked when we opened the PIE Center. Dr. Cash informed him the CORE has been open since January 2023. 

Mr. Taylor asked if we have made provisions for cleaning up until this point. Mr. Mull asked if he was referring to Compass. Mr. Page explained that we have been outsourcing that service. Mr. Taylor then asked, "If we decided to re-look at some of this, there is provisions in there." Mr. Page explained to him, "Here is the danger zone and making sure we stay safe with Susan. There is a certain threshold that you cannot supersede, without auditors having an issue. If you spot use, and that threshold is crossed, which we are getting very close, we have to bid." Mrs. Casson questioned that this bid excludes the Conclave. Mr. Mull confirmed, both bids exclude the Conclave. The Conclave will be done by events. 

Mr. Bryson asked when we would bid out the whole school system. Chairman Lee stated 2024.

Dr. Cash stated, "In every contract that Bradley County has, we have an excellent attorney that always makes sure that we have an opportunity of an out. In all of our contracts there is language that allows us, with notice, to change vendors." Mr. Mull reaffirmed it was a ninety-day notice. Dr. Cash went on to say that within that clause, there are provisions where they have the opportunity to correct the errors, which is what we have been working on the last several months. Mr. Taylor asked if in correcting those errors, could they ask for more money? Dr. Cash responded, "They cannot, that is their final amount."

Mrs. Goins asked about placing in the ad in the Banner, if that was the best way to make the public aware. Mr. Mull stated that the bid has to be listed in the top media and the Banner is the top media in this area. Mrs. Goins stated that we should go longer than three days, because three days is not enough. Mr. Mull explained that contractors look at the pubic notices everyday. There are people, that is what they do, they look for jobs, so they see them, but we cannot make them bid on them. Mrs. Goins reiterated that it would be nice to have more than two bids. Especially one that is a $237,000 difference. Mr. Mull agreed. 

Discussion:  With no further discussion, Chairman Lee adjourned the meeting.




                                                                      
Amanda Lee, Chairman



                                                                      
Dr. Linda Cash, Director of Schools