beaumont final

8/7/2019 Beaumont Final

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1701 North Congress Ave. Austin,Texas 78701-1494 512463-9734 512463-9838 FAX www.tea.state.tx.us

123-9102010-2011April 6, 2011

Dr, Carro ll Thom as, SuperintendentBeaumont Independent School D istrict3395 Harrison AvenueBeaumont, Texas 77706-5009Subject: Final Investigative ReportDear Dr. Thomas:Enclosed is the final investigative report from Rita Chase, Director of Financial Audits, detailing thefindings an d required actions resulting from an investigation of Beaumont Independent School District( ISO). On January 18, 2011, the Texa s Education Agency (TEA or agency) issued correspondence anda preliminary investigative report (preliminary report). You were given the opportunity to file a writtenresponse to the findings and required actions detailed in the preliminary report within 20 business daysfrom the January 18 , 2011, date of the TEA correspondence. Beaumont IS D responded to thecorrespondence and preliminary report in correspondence dated January 21, 2011, January 24, 2011,and February 3, 2011. Beaumont ISO correspondence dated January 21, 2011, and January 24, 2011,addressed questions raised in agency correspondence dated January 18, 2011, related to theconstruction of a hotel and events center by Beaumont ISD . The February 3, 2011 correspondenceprovided the district's official response to the findings reflected in the preliminary report.The agency has reviewed the district's response to the preliminary report and is issuing a final report.Please note that the enclosed copy of the final investigative report incorporates information from thedistrict's written response to the preliminary report. The agenc y will continue to monitor the actions of thedistrict with regard to the use of public and/or bond funds.Should yo u have an y questions, please contact R ita Chase in the Division of Financial Audits at(512)463-9095.Sincerely,

Robert ScottCommissioner of EducationRS/rc/daEnclosurecc: Beaumont ISD Board of Trustees Members


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M E M O R A N D U M

TO : Robert Scott, Com missioner of EducationTHROUGH: Ray Glynn, Deputy Commissioner School District Leadership &Educator Qu alityTHROUGH: Laura Taylor, Associate Commissioner of Accreditation3FRO M: Rita Chase, Director of Financial AuditsD ATE: April 6, 2011SUBJECT: Investigation of Beaumont Independent School District #123-910Auditors from the Division of Financial Audits reviewed documentation provided by theBeaumont Independent School District (BISD) in response to a complaint received by theTexas Education Agency. This report details the auditors' findings resulting from this review.The exhibits in this report contain illustrations of investigative findings and are not all-inclusive. The district's response to the preliminary report is incorpo rated into this report.This report supersedes the prior report dated January 14, 2011, and reflects the TEAauditors' analysis of BISD's response to the original findings.The auditors ascertained, through verbal inquiries an d examination of BISD records, thefollowing:1. Concern: BISD violated the competitive procurement requirements found in 44..031 ofthe Texas Education Code (TEC) when contracting with Walker's Electric Company forwork on BISD's construction projects

Original Finding: The Financial Audits Division requested that the district provideall competitive procurement documentation for construction projects for whichWalker's Electric Company was contracted to perform electrical work. A review ofthe documentation provided by BISD disclosed that the district sought proposalsin 2008 for a job order contract and subsequently awarded Walker's ElectricCompany to perform electrical work on both new and existing facilities. Thiscontract was renewed in 2009. In 2010, a new request for proposal was issued bythe district, and a new contract was awarded to Walker's Electric Company.Expenditures paid by BISD as of February 26, 2010, to Walker's Electric Companyare summarized in the table below. Based on our review, for the expendituresshaded in the table below, the use of the job order contract method appears to not


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Rita ChaseAprils, 2011Page 2 of 5meet the definition of a job order contract as stated in TEC 44.041 in that theseprojects were for major new facilities.

Amelia Elementary SchoolBlanchette Elementary SchoolFletcher Elementary SchoolWestbrook High SchoolCentral High SchoolMartin Elementary SchoolKing Middle SchoolRegina Elementary SchoolSouthpark Middle SchoolDunbar Elementary SchoolFehl Elementary SchoolTota l

$17,629.28$2,317.75$33,269.98$27,937.82$39,928.44$16,221.15$10,760.00$1,459,801.55$1,452,316.65$138,596.70$160,110.50$3,358,889.82

In addition, the auditors identified concerns regarding the validity of Walker'sElectric Company's license to do electrical work during the construction periodinvolved.Analysis of the district's response to the original findingThe district stated that it reorganized its purchasing department in 2010 to allow for moreoversight over their procurem ent proces s. Add itional training will be provided to thedirector of purchasing to address the use of job order co ntracts . The district did notaddress the finding regarding the violation of TEC 44.041 relating to job ordercontracts.Th e district also noted that while Walker's Electric performed work at BISD T a licensedmaster e lectrician was employed by the company at all t imes.Although Walker's Electric claimed that the company had a valid master electrician'slicense, there is still a question as to whether the master electrician's license was valid.The Te xas D epartment of Licensing and Regulation is investigating this issue.

2. Concern: BISD violated the competitive procurement requirements found in TEC44.03 1 by utilizing the exe mp tions a llowed under TEC 44.031 (h), which states, "I fschool equipment, a school facility, or a portion of a school facility is destroyed, severelydamaged, or experiences a major unforeseen operational or structural failure, and theboard of trustees determines that the delay posed by the contract methods required bythis section would prevent or substantially impair the conduct of classes or otheressential school activities, then c ontracts for the replacement or repair of the equipment,school facility, or portion of the school facility may be made by a method other than themethods required by this section."


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Rita ChaseApril 6, 2011Page 3 of 5

Original Findings:1. On September 13, 2008, Hurricane Ike struck the Beaumont area causing

damages to several BISD campuses. On September 25, 2008, the boardapproved emergency procurement status for the district, which allowed thesuperintendent to "enter into such expedited procedures necessary to repairdamages caused by Hurricane Ike" based on the 'Resolution and Declarationof Official State of Emergency' document signed by the board president andsecretary. On February 19, 2009 (see Exhibit A, page 5), the board voted todeclare another emergency status and approved the construction contracts forthe following projects:

a. BISD approved the contract with Healthy Resources Enterprises, Inc.,on February 19, 2009, to repair damages at Smith Middle Schoolresulting from Hurricane Ike. The contract was separated into Phase Iand Phase II, with construction costs totaling $18,790,682.29 and$433,864.64 respectively.

Analysis of the district's response to the original findingThe district responded with an explanation that the contract with Healthy ResourcesEnterprises, Inc. (HRE) was executed with BISD's interlocal agreement with ChoiceFacility Partners, a division of Harris County Department of Education (HCDE). TheAgency determined that the contract between the district and HRE was classified as ajob order contract and expired February 26, 2008. The district did not provideverification that this contract was renewed by HCDE.Based on the documentation reviewed by auditors, it is our opinion that the total contractvalue of $19,224,546.93 is beyond the level that would be allowable under a job ordercontract process, which according to TEC 44.041 is for "minor construction, repair,rehabilitation, or alteration of a facility if the work is of a recurring nature..."

b. On February 19,2009, the district approved contracts with A&E Electricand Walker's Electric Company for repairs at the Ozen High Schoolfootball field. Thedocumentation provided by the district disclosed thatthe district already had plans to replace the light poles at this facilityand had approved a contract with A&E Electric to replace them inFebruary 2008. According to the district, the replacement was notcompleted initially because the wrong parts were sent by themanufacturer. The district also indicated that, as a result of damagecaused by Hurricane Ike, the original contract with A&E Electric wasincreased from $95,014 to $786,008. The district also approved acontract with Walker's Electric Company in the amount of $1,236,000 foradditional electrical work at the football field.

Analysis of the district's response to the original finding


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Rita ChaseAprils, 2011Page 4 of 5The district stated that contracts were executed with A&E Electric and Walker's Electricin Augu st 2008 prior to Hurricane Ike hitting the area in Sep tember 2008.The district states that the increase in expenditures for services provided by A&E Electricwas accomplished by approva l of a change order by the board. In accordance w ithLocal Governmental Code 271.060, a change order only allows an increase of up to25% of the project cost, which would allow an increase of up to $118,768 for thecontract. The change order far exceeded that amount. The district did not provideverification of the proposal for the additional work by Walker's Electric, and this remainsa finding.

c. On February 19, 2009, the board approved a contract with SeTexConstruction Corporation in the amount of $5,372,896 for Hurricane Ike-related damages to Martin Luther King Middle School.It appears that, given the time lapse between when Hurricane Ike struck theBeaumont area on September 13, 2008, and the approval of the contracts onFebruary 19, 2009, there would have been sufficient time for the district to utilizeone of the competitive construction methodologies found in TEC44.031.Analysis of the district's response to the original findingThe district reported that it entered into a contract with S eTex for "Phase I - HurricaneIke Repairs" totaling $1,520,000 in December 2008 for cleanup, repairs, and damagemitigation to prevent further loss and damage to the district. The district stated that itentered into an additional contra ct with SeTe x for additional repairs in February 2009totaling $5,372,896.Auditors agree that the contract entered into during December 2008 would be allowableunder eme rgency proc uremen t status . Ho wev er, it is our opinion that the district shouldnot have used the emergency procurement status to bypass the procurement methodsoutlined in TEC 44.031 for the work performed under the contract entered into inFebruary 2009.2. It was requested that the district provide competitive procurementdocumentation in regard to the expenditures made to CMM Constructiontotaling $57,349 at Lucas Elementary School. In response to this request, thedistrict only provided the following explanation (see Exhibit B) with noadditional support,

"Lucas: Emergency procurement- Education Code 44.031(h) The Districtreceived notification from the Fire Department a fire lane was needed onthe campus parking lot or the operation would have to cease. It posed athreat to students and public safety and was procured under anemergency."The district did not provide documentation that this expenditure resulted from aboard-declared emergency. Additionally, the district's response was not clear asto whether the operation that would have to cease was the construction of the


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Rita ChaseApr i lG, 2011Page 5 of 5parking lot or the operation of the campus. This expenditure appeared to be theresult of a failure of the district to ensure that plans for the parking lot at theLucas Elementary campus met all local city code requirements.

Analysis of the district's response to the original findingIn response to the finding, the district stated that, a balance due to CMM Construction of$36,746 was carried forward to Fiscal Year 2009 and $20,603 of the invoice was paid toCMM Construction in FY 2008. In this case, the district states that the contract wouldnot fall under the procurement methods outlined in TEC 44.031. Because, by law, thecontract threshold increased from $25,000 to $50,000 effective June 19, 2009.However, it appears from the district's response that the contract with CMM Constructionwas valued at $57,349, which is in excess of the $50,000 threshold. Making paymentsunder a contract in different fiscal years does not exempt the district from theprocurement requirements outlined in TEC 44.031. Also, the change in TEC 44.031applies only to contracts executed on or after June 19, 2009; therefore the change in lawwould not apply to this contract.

Required Actions:

1. The district must take the necessary steps to comply with the local, state and federalcompetitive procurement policies and regulations. In addition, school officialsresponsible for the procurement process should receive additional training in the area ofstate and federal procurement rules and regulations.

2. The district should consult its legal counsel concerning the construction activitiescompleted by Walker's Electric Company in light of recent concerns raised relating to thevalidity of the company's license issued by the Texas Department of Licensing andRegulation.

3. The district must review and update, as necessary, its policies and procedures forprocurement and submit them to the agency by April 31, 2011


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BEAUMONT INDEPENDENT SCHOOL DISTRICTBO ARD O F EDUCATIONRegular Meeting - February 19,2009

Th e Board of Education of the Beaumont Independent School District met in regularpublic (open) session on Thursday, February 19 , 2009 at 7:15 p.m. in the BoardRoom of the Administration Building of the District located at 3395 Harrison Avenuein Beaumont, Jefferson County, Texas. The meeting was called to orde r byPresident Woodrow Reece.I t was found an d determined that in accordance with the policies an d orders of theBoard, the Notice of this meeting was posted in the Administration Building of theDistrict in accordance with the terms an d provisions of Section 551.041 an d Section551.043, V.T.C.S.. and that all of the terms and provisions of those sections havebeen fully complied with and that the 72 hour notice required by said sections hasbeen properly an d correctly given.

ROLL CALLPresent: Woodrow Reece, President

Janice Brassard, Vice PresidentTerry Williams, SecretaryMartha Hicks, Member (came in at 7:43p.m.)Dr. William Nantz, MemberHoward J. Trahan, Jr., MemberBishop Ollis E. Whitaker, MemberAbsent: None

School OfficialsPresent: Superintendent, Dr. Carrol A. Thomas; AssistantSuperintendents, Mr. Terry Ingram, Dr. Shirley Bonton, Mr.David Harris; Executive Director of Special Education, Dr.Susan Alfred; Executive Director of Personnel, Ms. SybilComeaux; Chief Financial Officer, Ms. Jane Kingsley; ExecutiveDirector of Communications, Ms. Jolene Ortego; SpecialAssistant to the Superintendent, Jessie Haynes and Attorney,Melody ChappellAbsent: None

ESTABLISHMENT OF A QUO RUMPresident Woodrow Reece declared a quorum.

PLEDGE O F ALLEGIANCEThe colors were presented by the Ozen High School NJR O TC. The pledges to theUnited States of America f lag an d Texas f lag were led by Hurbert Briggs, a 5 th gradestudent at Martin Elementary School.

INVOCATIONJennifer Neely, a senior at Ozen High School, gave the invocation.

A P P R O V A L OF THE MINUTES


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Bishop Ollis Whitaker moved, seconded by Dr. William Nantz to approve the minutesof the special meetings December 8, 2008, January 24 , 2009 and the regularmeeting January 15, 2009.President Reece called fo r additions or corrections to the minutes, there being none,he called for a vote.YEAS: Mr. Reece, Ms. Brassard, Mr. Williams, D r. Nantz, Mr. Trahan an dBishop WhitakerNAYS: None

REPORTS1. Status of State Comp Ed Funds Report- submitted electronically

REPORT OF THE SUPERINTENDENT O F SCHOOLS1. Bond 2007 Update - Dr. William Nantz, chairman of the building andgrounds committee, reported on the meeting held Monday, February 16,

2009. Dr. Thomas updated Trustees on Smith Middle School, King MiddleSchool, Ozen High School track, Ozen High School light poles, proposedrecommendations fo r construction managers at risk for the last set of 3prototypical elementary schools, and the classroom additions and laboratoriesat Austin, Marshall, Vincent and Homer Drive. Dr. Thomas also proposed forconsideration the combining of Bingman Elementary School and BlanchetteElementary School as one school beginning the 2009-2010 school year andmoving Fehl Elementary School to the Blanchette "portable" Campusbeginning the 2009-2010 school year.Also reported to Trustees was the fact that auditoriums were not a part of theconstruction design for the prototypical elementary schools; however, eachschool would have a gymnasium with a stage design with adequate chairsstored at each site. D r. Thomas shared the transition of students' proceduresfor Martin Elementary, Blanchette Elementary, and South Park Middle School.

REPORT OF THE PRESIDENT OF THE BOARDM r. Woodrow Reece, president of the board, asked D r. Thomas to explain theinformation about the educational stimulus the district is expected to receive. D r.Thomas explained the projected $9 million would be scheduled to be appropriated toTitle I and special education-President Reece read the State Board of Education rule that mandates schoolboards across Texas report to the public the number of continuing education hoursaccumulated and any deficiencies that might exist by a single member.Each member reported personally accrued hours:Woodrow Reece 10.0 hr s

Janice Brassard 22.25 hrs.Terry Williams 10.0 hrs.Martha Hicks 10.0 hrs.Dr. William Nantz 10.0 hrs.Howard J. Trahan, Jr . 10.0 hrs.Bishop O. E. Whitaker 10.0 hrs.There were no deficiencies to report.

COMMUNICATIONS


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1. LaTye Hatcher, 2350 Kings Court, spoke to Trustees about the West BrookHigh School basketball program and his opinion that the coach is not doingan acceptable job and students do not have the role model they need.SIGN-UP

N ON EACTION ITEMS

APPROVAL OFEXHIBITS "A.1", "A.2", A.3", "B", "C", and "D"Dr. William Nantz moved, seconded by Mr. Terry Williams, to approve Exhibits "A.1","A.2", "A.3", "B", JC ", an d "D".Tax Collection Report Exhibit "A.1") - Adm inistrat ion recommended acceptanceof the Tax Collection Report in the amount of $67,580,890.11 including certif icationof tax collection for the month of January 2008 tax collector monthly report ofJanuary 2008; and deposit distribution of January 2008.(Copy of Certification of Tax Collection Report attached an d made a part of these minutes.)Business Office Report (Exhibit "A.2") - Administration recommended approvalof the Business Office Report, including the general fund reports, January 2008,debt service reports, January 2008, capital projects report, January 2008, internalservice funds January 2008; scholarship fund report, January 2008; investmentreport, January 2008.Amendments to 2008-2009 Budget (Exhibit "A.3") - Administrat ionrecommended approval of amendments to the following budgets:199/9 General Fund #055204/9 ESEA Tit le IV Safe and Drug Free Schools #056211/9 ESEA Title I Part A Improving Basic Program s #057255/9 ESEA Tit le I I Part A TPTR #058

385/0 State Supplemental Visu ally Impaired #059401/9 Optional Extended Year Program #060427/9 Texas Fi tness Now #061428/9 High School Allotment -Ozen #062Approved the Schedule of Events for the Beaumont Independent, SchoolDistrict Unlimited Tax School Building Bonds. Series 2009 (Exhibit "B") -Administration recommended approval tentative schedule of events in thepreliminary amount of $116,570,000 prepared by the distr ict 's f inancial advisors,RBC Dain Rauscher.Approved Bids for School Leaders Errors & Omissions Insurance and LawEnforcement Liability Insurance Coverage (Exhibit "C") - Request for proposalswere distributed to twelve (12) companies in addition to the appropriateadvert isements. There were three (3) responses. Adm inistrat ion recommendedacceptance of the proposal from USI/National Union Fire in the amount of$47,421for School Leaders Errors & Omissions Insurance an d USI /Lexington in theamount of $20,881 for Law Enforcemen t Liabi li ty Insurance Coverage .Approved Submission of E-Rate Cycle 12 Application (Exhibit "D") -Administrat ion recommended approval of submission in a total estimate of$1,361,400 and the discounted amoun t that Beaumont ISO will pay at appro ximately$172,980.President Reece called for add itions or corrections to the mo tion, there being n one,he cal led for a vote.YEAS: Mr. Reece, Ms. E3rassard, Mr. Williams. D r. Nantz , Ms. Hicks, Mr.Trahan and B ishop Whitaker


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NAYS: NoneAPPRO VAL OF EXHIBITS "E", "F", "G", "H", "I", "J",and "K"Dr. William Nantz moved, seconded by Mr. Terry Will iams, to approve E xhibi ts "E","F", "G", "H", "1", "J", and "K".Approved Bids for Term Contract for Paper - Print Shop (Exhibit "E") - Bidpackets were distributed to Two (2) companies in addition to the appropriateadvertisements. There we re two (2) responses. Administrat ion recommendedacceptance of the bids from Olmsted Kirk and Bosworth Paper charged to various2008-2009 appropriated funds.{Bids are on file in the Purchase Department.)Approved Bid for Term Contract for Paint (Exhibit "F") - Bid packets weredistributed to six (6) companies in addition to the appropriate advertisements. The rewere four (4) responses . Administration recommended accepta nce of the bid fromMcCown Paint charged to the Maintenance Department.(Bids are on file in the Purchase D epartment.)Approved Bids for Term Contract for Janitorial Supplies (Exhibit "G") - Bidpackets were distributed to thirty-one (31) companies in addition to the appropriateadvertisements. There we re nineteen (19) responses. Administrationrecommended acceptance of the bids from Quest Cleaning and Sanitary Supplycharged to the Maintenance Department.(Bids are on file in the Purchase Department.)Approved Bids for Term Contract for Doors and Hardware Supplies (Exhibit"H^} - Bid packets were distributed to five (5) companies in addition to theappropriate advertisem ents. There we re nineteen (19) responses. Administrationrecommended acceptance of the bids from IDN Acme, A cme Architectural Hardw areand Beaumont Architectural charged to the maintenance De partment.(Bids are on file in the Purchase Department.)Approved Re-Advertise for Bids T for Term Contract for Roofing Products(Exhibit I") - Bids were solicited for roofing products, nobids were received.Approved Bids for Term Contract for Ballasts and Fixtures (Exhibit "J") - Bidpackets were distributed to six (6) companies in addition to the appropriateadvertisements. There were four (4) responses. Adm inistration recommend edacceptance of the bids from V oss Lighting and Grainger Industrial Supply charged tothe Maintenance Department.(Bids are on file in the Purchase Department.)Approved Bids for Term Contract for Audio Visuaj (Exhibit"K") - Bidpacketswere distributed to seventeen (17) companies in addition to the appropriateadvert isements. There were nine (9) responses. Adm inistration recommendedacceptance of the bids from Voss Lighting and VSA, Inc. charged to current MediaDepartment and current Maintenance Department appropriated funds.(Bids are on file in the Purchase Department.)President Reece called fo r addit ions or correct ions to the motion, there being none,he called for a vote.YEAS: Mr. Reece, Ms. Brassard, Mr. Williams, D r. Nantz, Ms. Hicks, Mr.Trahan and Bishop WhitakerNAYS: NoneA P P R O V A L OF EXHIBITS "L.1", L.2", "L.3", "M.1", "M.2", "M.3", "N.1", "N.2"and "O"


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Dr. William Nantz moved, seconded by Mr. Terry Will iams, to approve Exhibits "L.1",L.2", "L.3", "M.1", "M.2", "M.3", "N.1". "N.2 " and "O"Approved Bid for Received from Interlocal Cooperative Agreement PurchaseNo. 2009-100 for Scoreboard, through TASB BuvBoard (Exhibi t "L.1"l -Administrat ion recommended acceptance of bid from O len Will iams Inc/FairPlay inaccordance with Texas Education Code Chapter 44.031 (b ) funded by insurance,FEMA and district funds.(Bids are on file in the Purchase Department.)Approved Bid for Received from Interlocal Cooperative Agreement PurchaseNo. 2QQ9-1Q1 for Windscreen, through TASB BuvBoard (Exhibit "L.2"l -Administration recommended acceptance of bid from Lisco, LLP in accordance withTexas Education Code Chapter 44.031 (b ) funded by insurance, FEMA an d districtfunds.(Bids are on file in the Purchase Department.)Approved Bid Received from Interlocal Cooperative Agreement Purchase No.2009-102 Janitorial Equipment, through the TASB BuvBoard {Exhibit "L3"l -Adm inistration recommended acceptance of bid from Sa nitary Supply Com pany inaccordance with Texas Education Code Chapter 44.031 (b ) funded by MaintenanceDepartment appropriated funds.(Bids are on file in the Purchase Department.}Approved a^Revision of Contract f'or the Running Track aLQzen High School(Exhibit "M.1"l - Administration recommended approving change order to contractapproved at the December 15 , 2009 at a cost of $118,700 plus $30,000 fo r jump pitsin the amount of $166,300 with Defargo Sports Surfaces for additional work requiredfor the sub-surface which was found to be in need of replacement.Declared an Emergency to Apj3oye Jhe Rep|acemOzen High School Athletic Fields Doe to Hurricane Damage (Exhibit "M.2" -Administration recommended approval of proposal from Walker Electric forreplacement of Softball and baseball l ights in the total amount of $1,236,000 and theproposal from A & A Electric fo r additional repair work in the amount of $690,994.Declared Emergency Status for Actions Taken as a Result of Hurricane Ike(Exhibit "M,3"1 - Administrat ion recommended approval of emergency measuresinstituted in order to control an d mitigate damages:Cotton Scaffolding Charges $192,229 .93Hampshire Roofing Outdoor Ed Roof Replacem ent $ 33,771.07A- 1 Acoustics Guess Porch Cei ling Replacement $ 79,895.00Approved the Contract for Repairs to MartjnJ-uthej Klng Middle Schpgl Due toHurricane Damage(Exhibit "N.1") - Administration recommended approval of thecontract for repairs to Martin Luther King Middle School for Hurricane !ke damagesin the total amount of $5,372.896 w ith SeTex Con struction Co rpora tion funded byinsurance, FEMA and district funds.Approved the Contract for Repairs to Willie Ray Smith Middle School Due toHurricane Damage (Exhibit "N.2") - Administrat ion recommended approval ofcontract for repairs to Willie Ray Smith Middle School fo r Hurricane Ike damages inthe tota l amount of $19,224,546.90 funded by insurance proceeds, FEMA an ddistrict funds .Approved Bid Received from Interlocal Cooperative Agreement Purchase No.2009-105 for Tractor, through HGAC (Exhibit "O") - Administrationrecommended acceptance of bid from Eastex Farm & Home in accordance withTexas Education Code Chapter 44.031 (b ) funded by budgeted departmental funds.(Bids are on file in the Purchase Department.)


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June 30, 2009 at a cost of $47,126 .62 funded by the general fund phonemaintenance budget.President Reece cal led for addi t ions or correct ions to the mot ion, there being none,he called for a vote.YEAS: Mr. Re ece, Ms. B rassard, Mr. Will iams, Dr. Nante, Ms. Hicks, Mr.

Trahan and Bishop WhitakerNAYS: NoneA P P R OV A L OF EXHIBIT "U"D r. William Nantz moved, seconded by Mr. Terry Williams to approve Exhibit "U".Approved Proposed Recommendation of Daniel's Construction asConstruction Manager at Risk (SMAR1 for Three New Elementary SchoolPrototypes, pending Agreement on Contract Terms and Approval ofSubcontractors (RFPL -09001i__fExhibit "U") - Administrat ion recommendedapproval to authorize the Superintendent to begin contract negotiations awardingcontract for three (3 ) Elementary School Prototypes (as listed in the RFP) to DanielsConstruction pending agreement contract terms and approval of subcontractors.President Reece called for additions or correct ions to the motion, there being none,he called for a vote.YEAS: Mr. Reece, Ms. Brassard, Mr. Williams, D r. Nantz, Ms. Hicks, Mr.Trahan and Bishop WhitakerNAYS: NoneA P P R O V A L OF EXHIBIT "V", "W.1", "W.2" and "X"D r. William Nantz moved, seconded by Ms. Martha Hicks to approve Exhibit "V","W.r, "W.2" and "X".Approved Building of M\ Elementary Schools According to PrototypicalDesign (Exhibit "V"l - Administration recommended construction of all elementaryschool prototypes as designed, which means schools wil l not have auditorium;instead, they will have a gymnasium with a stage design an d sufficient chairsavailable at each campus.Approved Resolution -_Joint Election city of Beaumont grid Beaumont ISPTrustee {Exhibit "W.1") - Administrat ion recommended approval of resolut ion for aMay 9, 2009 e lect ion for Trustee Districts IV, VI, and VIIApproved Election Order and Notice for May 9. 2009 School Trustee Election{Exhibit "W.2"l - Administration recommended approval of order andnotice for theMay 9, 2009 election for Trustee Districts IV, VI and VII.Approved the Request for Maximum Class S ize Waiver (Exhibi tAdministrat ion recommended approval of waiver request for Caldwood Elementary,Level 1 and Price Elementary, Level 1 as required by Texas Educat ion Age ncy(TEA).

PERSONNELPresident Reece announced in the public (open) meeting at 8:00 p.m. that the Boardwould g o into execu t ive (closed) session to discuss ma tters of the sort described inSection 551.071 (1}(2), and Sect ion 551.074 (a) (1) of Texas Government Code,therefore, and act ion taken by the Boa rd would be in public (open) session.


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In open session at 8:10 p.m. Mr. Terry Williams motioned, seconded by Bishop OllisWhitaker to accept the following personnel recommendations:1. Retirements

Jolene Ortego, Administration Building, Executive Director ofCommunications, effective January 30, 2009;Marian Strode, Guess Elementary, Level 1, effective June 6, 2009;Joyce L. Young, Dunbar Elementary, Reading Interventionist, effective June6, 2009.

2. ResignationsKandyce Ashworth, English, Central High, effective February 13, 2009;William R. Atwell, Sign Language, West Brook High, effective June 6, 2009;Sebrena Dollar, Level 3, Regina Howell Elementary, effective June 6, 2009;Bruce B. Edwards, health and Physical Education, Odom Academy, effectiveJanuary 30, 2009;JoAnne Eugene, Science. Austin Middle, effective January 27, 2009;Donald Stowers, Health and Physical Education, Campus Coordinator,Central High, effective January 30, 2009;Todd Waiters, Business, central High, effective January 30, 2009.

3. New Employee Contract RecommendationsLetasha Brachett, Business, Brown, effective January 14, 2009 and endingJune 6, 2009;Alton Buxton, Physical Education, Amelia Elementary, effective January 13,2009 and ending June 6, 2009;Alicia Harding, Level 1, Ogden Elementary, effective January 26, 2009 andending June 6, 2009;Wade Merendino, Social Studies, Odom Academy, effective February 10,2009 and ending June 6, 2009;Trinidad Paniaqua, Spanish, Odom Academy, effective January 13, 2009 andending June 6, 2009;Christopher Pirnie, Social Studies, Ozen High, effective February 10, 2009and ending June 6, 2009;Veronica Ramsey, Pre-kindergarten, Dunbar Elementary, effective January26, 2009 and ending June 6, 2009;Christopher Woodall, Mathematics, West Brook High, effective January 26,2009 andending June 6, 2009.

President Reece called for additions or corrections to the motion, there being none,he called for a vote.YEAS: Mr. Reece, Ms. Brassard, Mr. Williams, Dr. Nantz, Mr. Trahan and

Bishop Whitaker

E X H I B I T A , P A G E


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NAYS: None4. Administrative Contract Recommendations

Bishop Ollis Whitaker, seconded by Mr. Terry Will iams to accept the followingadministrative contract recommendation:Head Coach/Campus Coordinator - Central High School - Mr. Andrew WashingtonPresident Reece called for additions or corrections to the motion, there being none,he called for a vote.YEA S: Mr. Ree ce, Ms. Brassard , Mr. Will iams, Dr. Na ntz, Mr. Trahan andBishop WhitakerNAYS: None

ADJ O URNM ENTPresident Reece asked if there was any other business to come before the board;there being none, the meeting wa s adjourned at 8:14 p.m. February 19 , 2009.

Woodrow Reece, President Terry D. Will iams, Secre taryBeaumont ISO Board of Trustees Beaum ont ISO Board of Trustees


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B E A U M O N T I N D E P E N D E N T S C H O O L D I S T R I C TB e a um ont , Texas

CM M Construc t ionB i n g h a mNotes: I n f o r m a l quotes (3) three w e r e received for aspha l t pa rking lo tLucas : Emergency procurement- Educa t ion Code 44.031(h) T he Dis t r ic t r ece ived not i f i ca t ion f romth e Fire Depar tment a f i re lane was needed on the c a m pu s pa r k ing lot or the ope r at ion w ou l d h a ve tocease. I t posed a threat to studen ts and p u b l i c safety and was procured und er an emergency. .

EXHIBIT B

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