001The next item is >> good. The next item is um persons wishing to address the board. Did anyone come in afterwards that wanted to address the board that didn't get to sign in? Okay. And if you're just observing, you don't have to sign in. So, um Okay. So, I do want to I'll just go over really quickly here. I normally have it with me. Okay. So, the public participation at board meetings rules. Um, by the way, I appreciate everyone being here. I wish that we had this much participation in all of our meetings. This is great. We would just move it to a different location. Um, but the board recognizes and respects the input which may be provided by the public on school matters. Um, you have the express right and are encouraged to attend
002all schoolboard meetings. Uh the school board meeting is open to the public and members of the public may present, observe and listen to the school board conduct its business. They can speak during the meeting consistent with this policy. We do have a public hearing portion of this meeting which is on the construction manager at risk and at that time the comments will be limited just to that particular topic. Um, so really as long as you have general decorum, which I'm sure everyone will, um, each person gets five minutes to speak on a topic and I'll just go down the list since I have a number of people signed up, but um, Mary, you're first. Oh, the floor's yours. Okay. Um, I'm talking about things to consider regarding placing the athletic complex east of the houses
003on Allen Avenue. The location being considered is in a partial flood plane. The cost of dirt work will be phenomenal and the final result is no guarantee that a heavy rain won't be an issue. There's simply not enough room for an athletic complex at that location. We're limited in space for track team setting up tents. We'll have to share the stands with opposing football teams. It wasn't that long ago that the girls softball was added to our sports lineup. Just how difficult was it to have the games at the site north of town? What if we want to add a soccer field? We have to be thinking decades down the road. The mosquito population near a slooh is high and dangerous. There's a species that'll transmit the West Nile virus that lays eggs in standing
004bodies like stock ponds and sloohs. And I know from experience just how bad it can get in my own backyard. Parking is already an issue on Allen Avenue. This is probably the number one thing. And the situation will only become worse with an entrance to some of the parking directly off Highway 34, one of the busiest highways in South Dakota. Highway 34 is busy anyway and will become extra busy prior to and after football games and track events. The overflow in our current parking lot will make it almost impossible to keep people from taking a shortcut through the lawns of the 11 homes along the new complex, one of which is mine. It's a misdemeanor to trespass on private property, but who will police that? Who's responsible for the liability insurance should someone get hurt
005crossing our properties? Even if people would comply to using the proposed pathways, many people will be trying to cross Allen Avenue the same time people are trying to park. Trash will be another big problem for all the homes across from the complex. And we'll there it's already a problem and it's likely going to get worse. I know Larry and Janelle Steph and I talked to them. They're going to lose the easy access to the entrance to their side garage. Property values will be negatively affected. And is the cumulative decrease in the value of our homes worth the possible savings in purchasing this land versus purchasing land someplace else? I recently talked to two of the board members and they both indicated that even if we do build a new athletic complex, the location has not
006been determined. I'm wondering why do we have agenda number 15, approval of the land purchase agreement? Do we intend on buying the land even if it's not planned for the future athletic complex? I don't know if you're allowed to answer questions at this point, but >> um it's at the discretion if we'll answer any questions. So, typically we don't interact and this is just your time to give your thoughts and concerns. >> Okay. Thank you. >> Thank you. All right. Next, I believe I have Dan Schmidt. >> Good evening. I'm Dan Schmidt and a lifelong resident of Coleman. I want to be clear from the start. I am not against building an east sports complex. What I am against is building this in the proposed east location. I'm here tonight because I believe that you
007are not listening to the very real concerns that members of our community have been raising. There are multiple reasons why it should not be built there and most of these have already been discussed but totally ignored like the last meeting and Mary just talked about several concerns. Again, the main reason is that we would end up with two landlock school locations with a row of houses through the middle. Access to this proposed location would be extremely limited. Right now, there's going to be one spot to get there except coming off of the highway. Also think about the residents that currently live on Allen Avenue who will have a huge increase in traffic through their yards, a view of the backside of bleachers, a fence, and a retaining wall. We have several other locations available that
008would give us much more flexibility, room to grow and better serve our community, not just today, but for decades to come. The number of residents that signed the petition and speaking out should tell you something. And frankly, I've yet to hear a compelling argument for why it must go in this east location. Also, what is the big rush to get this pushed through? Do we have a deadline on getting this thing done? But this isn't just about the location. This entire process has lacked transparency. The survey that went out was very skewed and misleading. If multiple locations were truly being considered, why was there only one drawing included that only showed this east location? It also shows the bleachers and crows nest on the east side, which we already know is not going to happen.
009This is not how you gather honest community input. This was nothing more than an attempt to guide people toward a predetermined decision. Our community deserves better than this, especially when you're talking about spending $4.5 million. The people funding this should also have a say in it. If we want to do this properly, let's listen to the voice of the entire community and not just a select few. Put it to a community vote to first see if the majority even wants a new sports complex. Or could this be money? Could this money be spent more wisely for education? If the answer is yes, let's take it to a vote on the location. Then I believe you will get a very different answer than the skewed survey showed. If you do the right thing, you'll have a
010project with genuine community support behind it, not division and resentment that is currently happening. I want to ask those of you that are attempting to push this vote through to think beyond the short term. Will you be happy with this decision in 10 years, 20 years, maybe even 50 years down the road? I'm asking you to stop this process now. Listen to the voices of the entire community, not just a select few. And let's do this the right way. Thank you for your time. >> Thank you, Dan. I'll have you next. >> Mine's pretty short. Mike Gangler. Uh, well, I believe the board has the best intentions for the school. I just want to point out that decisions made today by this board opens the door for future boards to slowly eat away at our
011neighborhood to a point that it will no longer exist. Thank you. >> Thank you, Mike. A survey for the athletic complex went out on September 23rd and was completed 2 weeks later. The only question of note was, "Do you support the plan to build a new outdoor complex?" The possible answers were yes, no, and no. Need more information. Slightly above his question was a very brief cost breakdown between 4 and $5 million. So that puts the cost per question regarding the actual complex at $4 to $5 million. Why was there no? Yes, but I'd like more information option. That would be a category I feel would have given a much better result if you were only to ask one question. Under the accompanying picture, there's an asterisk saying conceptual design, not a final plan. This
012would lead people, me included, to assume more information was to come. All I've been able to piece together is purely rumor and speculation. At last month's meeting, the board decided to move forward with purchasing property without any public input. This was the only bit of information that we can definitively say is truth. This seems like a step in the wrong direction if absolutely no information or feedback about the complex has been shared with the public. Originally, I did not vote for the complex, but I would not have stood in the way of it. Since we have a small community and district, I wouldn't think it would be too difficult to pass on information about it as it became available. It seems if the board is operating under their own agenda known only to them. The
013homeowners along the assumed site were never contacted about their consideration or input or even if they were going to listen to it. I'm sure they would have appreciated being included as a show of good faith. It is possible to do the right thing wrong. How you get there is not is by not considering any public input farther than abroad. Yes or no. The people have tal I've talked to often who prefer the new field to go out north of town. This was possibly in the planning for the prior school edition and has never been talked about or referenced since. To the board. This could be a great opportunity to show you care about your community where transparency and openness lead to more desirable outcomes for the taxpayer. Self agrandizing and secretive behavior will only lead
014to the opposite. You may keep your seats of power but will have them at the cost of the respect of your neighbors. This could be something that unifies our community and pride, but I fear it may only lead to anger and animosity towards yourselves. You are elected representatives and as such must consider the representative. Thank you. Bart. Yes. >> Hi. Um, Bart Sample. Full disclosure, I do not own property in this district. So, I am not a tax in this district. I do have two kids who attend this school and I am an employee of the district, but I don't have a dog in this fight. Um, what I would like to be I am asking to be able to represent all of you guys in the state legislature next year. And so what I
015would like to do is facilitate a bridge between the land owners and the board. And I've got some thoughts uh for the board. And that is one transparency. You the more information these folks have, the quicker you're going to get them on your side. Secondly, it's real easy to spend other people's money, but at the end of the day, it's their money and you need to listen to what they have to say and really weigh that, take that into consideration. And third, you're the board of education, not the board of athletics. And education needs to be the primary focus. There's a lot of great things that go with athletics. Don't don't get me wrong. I'm not undermining that at all. It does teach them teamwork and um skills that they're going to need whenever they
016enter the workforce. And I support that wholeheartedly. I mean, my students are athletes. So, um but to the land owners, we live in a representative government. Not every project can be done by popular vote. In fact, if every time the board was going to spend money, it had to go to a popular vote, nothing would ever get done. And so, you have to trust these folks that they have your best interest at heart, that they're not trying to conspire against you because they have a thankless job. They have the hardest elected position, I think, in government. But at the end of the day, they have to be able to do contracts, do negotiations, and stuff like that that's not necessarily public knowledge because just like you guys wouldn't go out and buy a piece of
017property and then have that while you're negotiating with them, have that number out in the world because it's just going to drive up your cost when you do that. And that's why the state gives them some leeway. and I believe it's a percentage of the value of the land in the district that uh they can spend to see if the project is feasible or even if they can afford it. So, it's just some things to take into consideration, but if I can in any way facilitate trying to bring the two sides together, I will be more than glad to do that. Thank you. >> Sean is Sean Dagley. I'm a new resident to Coleman. We've been here for about 2 years now. As at the last board meeting, spoke in favor of it. I'm still
018in favor of it. Um, you know, some of the benefits I see, I've been coaching for a long time. Um, it's been an education for a long time. Um, the new complex would be a benefit to the athletes and at the last meeting I talked about some of them. Again, I just want to highlight, you know, they said there were 60some kids out for track last year. I think having a track facility would take away some of the safety concerns of where the athletes practice. Now, for some of those athletes that don't have the ability to practice hurdles on a track or hand off relays on curves or things like that, it's a great opportunity to build like that. Um, you know, I've only been here a little bit, but I've talked to some residents
019about tradition and the 80 yard football field is such a great thing. I grew up in a small town in Pal South Dakota, probably no bigger than Coleman. So, I completely understand the tradition and if we build this new big complex, will that tradition go away? Because you don't get to use the football field that's been here for so long. But, um, I've told the people I've talked to, tradition isn't just your football field. It's the kids, it's the fans, it's the parents that all come to the game. And I don't think you lose that building a new facility. I think that stays there as your knit in the community. Um, when this if this would go forward and get built, um, I did make a note because I know in coaching, um, I think
020when this school was first here, you only had one gym. I'm sure when the second one was added, some of the same concerns was brought up. Do we have the money? Do we need the second gym? Well, now I've only been here two years, but I know from my boys playing basketball right now in elementary school, that second gym is booked all the time now. And I it's an outdoor sport and I know it'd be a little different when you have an outside athletic facility, but I think the track, the football field would get used more and more. There's the elementary football program coming up. Um, maybe soccer, maybe girls flag football. Flight football is huge. My boys are into it. So, you never know in the future. We are talking about the future. You
021never know what benefits 30 years down the road you have for sure. But I think adding this to the community would be a great thing. Um, and the other thing I completely agree with, education should come first and the school board could should consider the education. But unfortunately being a coach and a teacher, I would tell you in my opinion 50 to 60% of the people that are looking at maybe going to a different school district are considering athletic facilities. Traveling sports are unbelievably huge and I don't think it's right that that's the first thing that some parents consider when they look into a school district if they go somewhere. But building a complex like this, I think would enhance people to maybe come to Coleman. You have kids from other districts right around that
022maybe would come here. And every time a student comes in, the school's gaining money from that student coming here. It's not going to offset the cost of a 4.5 million or 3.5 million complex, but it's going to bring the school money as those students come here to the school. Um, the last thing I was going to say, and I said at the last at the last board meeting, I again echo some of the other concerns. I hope the board considers both sites. Um, I said last time I think it would be a great addition to the site out north where you have those softball fields and baseball fields already. Um, but again, the board has to make the best decision and I think building the complex is going to be a positive for the community.
023Even though I've only been here a couple years, but I've seen other schools do it. And I really think it's a positive for those communities. >> Thank you, Sean. Did I miss anybody that wanted to speak, you know? Okay, I appreciate everybody's input and thank you all for being here. Um, the next item on the agenda is our disclosures. And I did receive an email from Laura Zort on last Wednesday, uh, saying that that we believe, uh, I don't know who he is, but we believe it is appropriate for me to recuse myself from any athletic complex voting as I have a conflict of interest in the matter. Because one of the proposed sites is essentially in my backyard, I am directly affected and could have financial gain from it. If the complex is placed
024on the east site, it is not in my backyard. If it is placed to the north site, I could have uh my property taxes lowered. If my assessment declined, there's no other board member that has property bordering the proposed sites and she expected this to be addressed. So, I will address this. Um I spoke with our attorney and gave him kind of this scenario. Not everybody here knows where I live. I do live on the north side of town. Um just most of the board members knows where I live but um in my backyard there is a set of empty lots for development and then there is a road right away and then there is a hill and then there is a slooh and then if you go to the west or north it's to
025the west go to the west um there's another set of lots for development and another road right away and then that to the north of that be where the complex would be. So to say that my property borders it is not true. To say that it's in my backyard is probably a stretch. Um either way we felt it would be appropriate to go through the uh basically the three South Codified Law 3232 which goes through the circumstances under which a board member would have a direct benefit from a contract and would be disqualified from voting. So, if a board member is a party to or an intended beneficiary of the contract, if the board member has more than a 5% ownership in an entity that is a party to the contract, if the board member
026acquires property under the contract, or if the board member member will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract. I went through those factors and none of those apply. Um, if you go to SDCL 6117, that prohibits a school member from discussing or voting on an issue if there's a conflict of interest and each board member is tasked with deciding if they feel they have a conflict. Going through the factors not believe that I have a if any board member disagree, we can have a vote on it and I would be open to do that. So, I would ask if you think that I have a conflict on this issue for a future vote. Then I would consider that addressed. Next item is to
027approve the agenda as presented or amended. There any changes to the agenda? So >> okay then I would ask for a motion to approve the agenda as presented. Motion second. All those in favor I >> post. Motion carries. Mr. Johnson report. >> All right. Our November attendance was 97.06% so pretty good attendance for November. Time is flying. It's already December. Winter sports are starting to get going. We've already had wrestling meets and junior high basketball tonight. Varsity basketball starting this week. Uh last weekend, Orland Turp took a group of students to the state competition in Watertown and they did amazingly well. They earned the team excellence award. All four students scored superior for Orland Turp. So, that was great. Uh, last Wednesday we had the elementary concert. I think we might have set a new
028record for concert attendance. We had to make copies of programs twice because we ran out. Uh, kids did a great job. Mrs. Olsson did a great job. Uh, this Thursday, the 7th through 12 concert will be in the gym at 7:00. Um, this week on Wednesday, we have Mr. Stoken coming to talk to all the students. He's going over the wave goodbye to school violence program for the Midwest Center for School Safety. So, they're going to meet with I don't know the high school, the middle school, and then with elementary K through 2, 3, four, five, and six. And then Wednesday night at 6:00, he's going to have a assembly for parents, grandparents, community members, whoever to learn more about what kids are going through in school and bullying issues, safety issues, all of that.
029And I think it should be a great thing. It's December. It's time of year where some people are going through tough times. So hopefully it'll be good. Um we only have nine days left in the first semester. We have semester test on December 18th and 19th. We'll dismiss at 2:00 both those days. What else do we have? That's probably about it right now. >> Questions for Jesse? >> Mr. address is this week or next week? >> This week. Okay. >> Wednesday. Yep. This one. >> This is zoned out for >> Yeah. This Wednesday on the council for next day. Busy week. >> Any other questions? >> Great. Thank you, Liam. Um with the new changes of the rules for the election for schoolboard elections, we will um decide what day we're going to have the
030election on today's or tonight's meeting. And then two publications are going to be going out. One this Wednesday and one next Wednesday for the open seats that are available during this election. And the two seats are Bowen and Keys. And then the only other thing I have is we're finishing up the audit that should be done here probably in the next month. >> Any questions from the wind? >> School board reports >> I have two. Um I went to the ASBSD uh delegate assembly in Pier. It was a 45minute meeting. Uh everything passed as written. The only thing that there was even any discussion in was striking the resolution for funding for career and technical education and rolling that into another resolution. And it was the Brookings School District that got up and spoke to
031it because the large districts generally get funding specifically for CTE where Associated School Boards isn't necessarily um saying that we don't want that funding. It's just rolling it into another resolution. So that did pass um pretty split vote. Smaller schools voted for it. um larger schools voted against it. Um but it it really didn't change anything one way or the other. Um and then I did the ple meeting. So Flandrew has filed a petition to withdraw from ple for the 2627 school year. Um and they have made that a final decision. two other districts. Mr. Stalken's sitting over there and I can't remember which districts they were because I didn't write down. >> Yeah, the couple that contemplated and and voiced um that they were thinking about it. Um, so we've got to decide and
032we'll be voting on that I believe in January because PLC needs to know before February 15th if we intend to continue with PLC or if we vote to dissolve PLC and I believe all of the member schools are talking at the superintendent meeting and we'll make a unified decision. Do I have all that right? >> For the most part. Yes. Okay, thank you. That's all I have. Um, really the only thing that I want to say, a lot of mine is in here already, but um, I had a number of people reach out to me um, this last month just to clarify and get questions answered. And I just can't tell you how much I appreciate that rather than just not knowing or assuming or anything like that. I feel like there were great conversations
033and um I just wish more people would do that. So uh myself and Scott are open. All board members are open. Um if we don't know the answer to your question, we can usually find someone who does. So Scott, I will turn it over to you, Scott, and you might have a to interrupt your report. Let's >> see. Uh as Jen talked about before, we'll have our PLC meeting uh the superintendent on Friday. There is discussion as far as what to do with ple as far as the dissolving andor as more schools get out of it. Um we'll discuss that more on Friday. Um on Wednesday um Dr. Donovan Dbor, the superintendent at Del Rapids has lined up um state legislators to meet with area superintendent. I think there's five or six superintendents going to
034go. So that is Wednesday morning. So I will attend that kind of a I wouldn't say it's a round table I guess it could be but um so I will be out of the building meeting with them. Um we are entertaining again looking at um adding a band music pair. We've had it advertised before. Um, we have nothing is finalized, but we have a uh someone that will graduate with a band and music degree from college Christmas time and we are looking to add them into the program a few days a week kind of as a trial basis to do that. So, someone says there's someone new in there, that's what that's about. And then I guess the last project I'm looking at is the old gym. We are looking at replacing the lighting in
035there. Um, the lighting itself, I don't know exactly how many bulbs we replace yearly, but I am trying to get some bids on replacing that with uh either LED lights or a better lighting option. So, um, as I get information on that, I'll share that with you as far as costs and what that can be. So, I think that's all I have for now. Okay. >> That would be great if we could get a local band music barrel. the band music para is a hard position that would be great. >> Any questions for Scott? >> Okay, it is 6:30 so we will move to the um item 10 which is a public hearing on utilizing a construction manager at risk and Scott can go over that just a little bit. Okay. So, construction manager at
036risk is different than the project we did with the addition where we had a design build sort of build. Um, in talking to other superintendent, schools utilize the construction manager at risk. Um, in their opinion, it gives local contractors the greatest ability to take part in the project. Um, there's more flexibility in how they bid things and break down bids. So that's the the main deal with construction manager at risk. Um the reason if you look at it there is we're hearing from that uh take action to advertise for that. The reason that that we did that at the last meeting is because we never had a resolution to do it. Rodney said we could do it, but he would recommend that we readvertise and establish a way for receiving the proposals. So that's why
037that's up again. So anyway, um the resolution's in your packet. Um the state just says, you know, you have to have a resolution to go the CM route. So >> at this time, I would open it up to anyone who would like to speak on the construction manager at risk. Go ahead, Karen. >> Yeah, I would like to talk. >> Yep. Um, so regarding the construction manager at risk, aren't we putting the horse ahead of the cart, the community doesn't necessarily support the project at all? They don't necessarily, if they do support it, they don't necessarily want it next to the Slooh. So consequently, we don't support selecting a construction manager at this time. Are we Why are we moving forward when the community doesn't have buy in? What's the rush? What's the urgency? Can't
038we wait till the families of this school district have had a chance to vote on it? I I guess a little bit to that is and I think part of the reason that there's whatever word you want to use, the board has not come up with a plan for a track and football field. So when people say it's going forward, we don't have a dollar amount for it. There is no dollar amount established. You would have to get bids from someone and decide on what you want for structures or whatever until we can get an exact dollar amount. There is no way to set an ex exact dollar amount at this time. >> So that's why we're doing it is to get an exact dollar amount and then we'll vote whether we want it or
039not. We'll discuss the vote a little bit later, but in order to come up with any plans or anything else, we have to retain people to give us those numbers. >> And so I'll piggy back off Scott just a little bit here because the board did vote to move forward with the project. We will talk about the vote when we talk about the petition, but as far as the construction manager at risk, we would have to, like Scott said, have somebody that would be able to give us bids so that we know what the budget is so that we can actually issue the capital LA certificates. No capital certificates have been issued yet. Um, we've had a number of contractors come forward and expect express desire to bid on this project. Until we get somebody
040that's going to manage it and get those numbers, we won't know what the total cost is. So that's why we have to have that person in place and that's why we're going with the construction manager at risk because they can use local contractors better. Anything they want to add? >> I do have one more question about that. So is this person if the decision is made to put it out north does is what is what is this person what is this person going to do? is are they going to bid by the Slooh? Are they going to bid by out north or how are they going to know what to even bid? >> It's got I'll let you answer that. >> I would say we would probably want to get numbers here. >> Why? >>
041Cuz that's the land that we're purchasing. >> Why exactly why? >> So, we have no more land here at the school and I've not argue or anything else. I'm just talking >> question. Thank you. >> What >> one of the biggest concerns that I've heard >> is parking issue. >> If we purchase more land, we will have an area to park. I don't think anybody can disagree with that. >> So, if we have more land, we can't park there. >> I'm just >> How is that the best spot, though? I don't That's my question. I don't >> So, actually, I'm going to I'm going to stop because this is actually just comments related to whether or not we're going to hire a construction manager at risk. So that's what we're trying to do. >> I
042understand that, but >> there's no need for one. >> That's what we're discussing right now is whether or not to hire the construction manager at risk. So if you have questions about that, >> why do we want a construction manager if we haven't even voted that where do we want this? >> Why do we have to get the construction manager before we vote? Well, in order to have the project with the board already approved at the last board meeting, we would have to get some sort of numbers on what the project's going to cost. >> But why do we care about the cost if we don't know the location? >> I would argue that most taxpayers would be concerned about the cost of the project. I'm not saying that's the only concern. >> And do
043you have the vote of the people if they don't want it? That's another question that >> Yeah, that's a big question >> and we will discuss that when we get to the petition. >> Yes, ma'am. >> But isn't part of this cost you're talking about the cost of the parcel of land which seems to have already been spent? I'm a little confused about that. We're discussing two locations. isn't part of this whole cost discussion and estimates for building ultimately the total cost of cost of the project depend on also the parcel of land's cost. So that's where I think people start to get confused. Um you've already spent it sounds like the cost for the parcel of land just by your lead. So, I think that's where you're getting a lot of confusion about this
044>> and the more we get into it, the more confusing it gets as far as project cost, capital outlay certificates, and the whole process. >> I think most of us understand how construction works in general. I >> I'm not saying construction in general. I'm just saying codified law and what you know the board is what's applicable to what the board can and cannot do. >> So, that means you can purchase a piece of land on your own and not purchase land to the north. So, there's really no decision. I That's where people are getting confused. I think it sounds like this is a done deal. The property's purchased. Done. That's what it sounds like to people. >> We're We're in the middle of the process of purchasing it. Later on, there will be an approval
045for a purchase agreement that the board has to approve if the board wants to purchase the land. So do you see the dis the problem people are having wrapping their head around this discussion? >> So is the north not viable somehow >> what you're saying >> pretty much >> not viable. >> Okay. So that means a decision's already been made. >> Right. >> Okay. >> Well, we're looking to buy this land. I don't think there is any decision been made by the board that I'm aware of as far as what's going to go onto it to what extent or any of that. And I I do like not to pull out pick out certain people, but I do get the whole we don't know how much it's going to cost or whatever because the board
046has not decided what is going to go on that property. I mean, >> then why would you buy it? >> Because we're >> because we need room for things. I mean, you know, whether something gets moved there a part >> I have 18 acres you can buy. I got 18 acres of room for you. I have no idea where you're >> I know but that's where people have the problem of why are you selecting that parcel in particular that's where people are having a problem >> I would say when we looked at the negotiations parts um as far as the different proposals the number one thing is it's 200 ft away from the school >> and it's right by the busiest most dangerous highway in South Dakota how many high school students do you have
047to have >> I'm getting off track on my construction man discussion again >> well bear it in county high school. Okay, we're going to bring it back. Does anybody have any other comments on the construction manager at risk issue? >> Okay, I have one question. >> So, I work in construction, so I understand the whole you have to have a bid to know where things can fit, how much it's going to cost. I think the biggest question is since you already bought the land, which is I understand you have to move, I'm all for. I think most of us are for a new complex, just not that location. So, when you get a bidder, are you going to have them bid at just that location or more than one location? So, the community can decide
048what would be best for one, the cost. Two, what construction company you're going to go with? And three, what's going to go there? I think that's the big question of is it just going to be this one location because that's what's been decided maybe not publicly or you know known together as a group but personally or is it going to be more than just that spot of two or three or four different locations which obviously cost more money to have more bids be done but I think that's the biggest question that people are wonder I know you talked to the contractor >> um I guess the I would urge the board to look to see what the total cost would be over there before pursuing alternative locations >> just on the overall price. I mean
049there'd be no comparison then >> as far as what >> of the bids no comparison of bids of location and is that only because the land already >> the land hasn't been purchased yet. >> Okay. >> I I mean I'm not trying to go you know >> it's in the process. I just want to make sure so someone doesn't say you've already bought it, but I mean that is the technical term. I mean, we're in the process of buying it. Okay. >> Yes. >> To help the clarification, is there a purchase agreement in on the table? Is that what you're saying? >> Yeah, it's it's in the packet here. >> I'm sorry I came late. >> No, no, you're fine. >> Sounds like I'm sorry. Thanks. I didn't hear you. >> So, I I I
050was at the last meeting and since the last meeting, I talked to two board members and they both indicated that a location has not been determined, but yet we're voting on the land. That doesn't make sense to me. So this doesn't really have to do with construction manager at risk again, but there is already a statement and six months ago board decided to move forward with negotiating on two different parcels of land. And through those negotiations, we decided to purchase the land to the east of the school. That has happened over about a six-month period. So tonight, we're going to approve the land purchase agreement. And there will be a little more discussion on why we are purchasing that parcel over the other parcel. So that may answer some of those questions. >> So the
051location has been decided. >> The purchase of the land has been decided >> that doesn't that basically remain the same thing. >> Someone wanted to open their pocketbook and write a big check. It >> I know people will donate north but they won't there. I just talked to somebody this weekend. Any other comments on the construction manager at >> I don't see why we need a construction manager until you decide on >> where what location >> and what you're building. >> Well, this goes back to a little bit kind of I'm going to go back to Bart's comments that the board does have four D2 projects up to a certain amount of money and we won't have to vote on those. So, we haven't made those decisions yet and we will definitely get input when
052we do make those decisions, but we are moving forward with the project that was voted on last month. >> Okay. Any other comments on construction manager at >> Scott? You did say that you're going to purchase the land, but you don't know what's going to go there yet. >> I I don't and there has been >> We receive a survey then with a drawing on it that shows the complex there. That was just they put a complex >> skewed survey. It meant nothing. >> Sorry, that survey should we're talking. So, I'm going to close the public hearing on the construction manager risk. And then I'm actually going to go back to item seven, which is where we left off, which is the consent agenda. And unless anybody would like to pull one of the consent
053items for further discussion >> before you go on. >> Item four, it's listed in here. Acceptance of resignation of Lan Smith. Yes. Business manager. Lann will actually be retiring at the end of the the school year. Um she did give me a letter to read. Um dear school board, this is my official letter of retirement. home and school district business manager at the end of the fiscal year 26 as of June 30th 2026. This career as business manager for the district has been an adventure to say the least. It's had its challenges to expect the unexpected and has also provided many rewards. I'm grateful to have had the opportunity to serve in this position for the home and even school and to have worked with a great number of staff administrators and board members. My
054goal has always been to do the best that I could for the district and its future and I hope I have done that. Thank you for allowing me to have a great career with Colleen School District and wish you all the best in your continued success for the district's future. Go Hawks. Sincerely, Lanne Smith. So, thank you Lan. >> Yeah, as Dan said, we still have to approve this >> might not be here today. Oh, I need a motion to approve the consent agenda as presented. >> Make a motion. Second. >> All those in favor? I >> oppose. Nay. >> Thank you, ma'am. Um, approval of additional bills that may come in and I believe there are some on the table. >> There's two sheets. >> Yeah. A lot of milk water bottles for basketball,
055I'm guessing. >> Yes, boys. Girls this year. >> Boys and girls. Yes. >> Boys and girls. Yep. >> So, they won't be sharing water bottles this year. Like that. There's any question any other questions on the bills? Otherwise, I need a motion to approve additional bills. I >> make a motion second. All those in favor? I >> post nay. Motion carries. Second reading on the weight room use policy. >> So, I think I've made the changes that were recommended at the last meeting. Um, let's see. We put something in about the fods have to be returned must remain in that area. a failure to comply or may result in privileges being revoked. Um, we also did the membership cost $50 per person or family. We did add in the event a fob is lost, new
056fobs can be reissued at a cost of $20. Um, that was not in there before. Um, and then it it basically does say that this can change at any time. So, I mean, it's going to be a fluid thing. other schools that offer it to their public, you know, I assume they change them as they go. And um anyway, we would look to probably open this up. It's up to you guys if you want to open it the week of January 5th or if you'd want to open it after the next board meeting on January 12th. Um, I have had a lot of interest from people in the community wanting to, you know, utilize the area. So, >> anyway, >> did you I'm sorry. Go ahead. Finish. >> No, I I have nothing. >> Oh,
057did you run this by Rodney? >> Um, I have not sent him this copy. I can send him this copy, though. And then >> this is basically stolen from other school districts. So I will do that. >> My other thought is do we want to start maybe with fewer hours and then expand them rather than so many hours. >> Just to see how it goes. I mean, if we don't as maybe as um as it grows, then we can add more hours. >> I'm you know, >> I I don't know. I'm just just asking. If I'm If I'm reading this right, it's from 4:30 a.m. to 6:00 a.m. This is when school is in session. And then 6:30 p.m. to midnight. Okay. >> And then did you add I'm I didn't I did not get
058this far. Um you're thinking like the night time shut down at 10 or something. >> No, no. I was looking at the weekend hours if you've got things going on in the morning here that I know that that's got their own entrance. Um, did we put anything about children? I know that was another comment. >> Basically, it says members must remain in the wait room >> and you cannot allow non-members >> non-members in not seeing down there. That is some I mean you can add again as it's subject to change at any time if there's a specific line you know. >> Yeah. >> I just think we just >> we just can't have more kids running around wait room when there's adults trying to work out. I guess I don't any reason not to implement
059it and you can add in children under 18 must be accompanied by >> I guess I would >> I don't even think they should >> be in there. >> No, >> cuz I mean how you that's how you watch your three-year-old when you're >> So I guess the question would be do we want to look at putting a minimum age on there? taking >> I'm just saying if you had >> if you had 14y old kids that come and left in the morning if they want to come up to you on the weekend >> is a liability. That's why I'm wondering do we need to run up by Rodney >> because they're essentially our student. Yeah, because it looks like the way it is now, like the member is the adult that is at least
06018 years and out of high school is a district resident or taxpayer. So if they're not 18, they going to be a member, but I don't >> Yeah, let's push it to the January meeting. True >> pending and then it would probably go into effect immediately, I would say, after that meeting if it's approved. Okay. Um so then the next item would be approve the resolution for the CM usage and that is attached to the back packet. The resolution is And then we'll just revertise that and those will be due in January, right? It's got >> Yeah. >> If you go forward with it. >> Okay. So, I a motion to approve the resolution for C usage. I'll make a motion. Is there >> a second? Second. >> All those in favor? I >> oppose.
061Motion carries. Um, okay. Discussion on petition submitt. And I know it was requested that uh that Scott read the letter that was submitted with the petitions. I have the petitions here. I'll pass these around for the board members to look at and then we will open it up to um after the board has discussed we will open it up to a discussion. Um some people wanted to speak on just this issue so it'll just be limited to the same as what was at the beginning and then >> all right here was the letter that was turned in with the petitions. Um dear well Kman Egan school board enclosed you enclosed you will find 125 signatures of your friends neighbors and family members which represents 11% of the total registered voters 1,153 in the district. Although
062we may be premature with our petitions as far as the state law is concerned we as taxpaying citizens disagree. There's already been thousands of dollars authorized to be spent on drilling site surveys and now hiring ISG for pre-construction work at the cost of 39,500. On top of all that, a draft purchase agreement for land has been authorized. So to us, it is definitely not premature. Please take these petitions calling for an election seriously. You have the authority to hold an election all on your own without the law requiring you to do so. If you choose to listen to lawyers and ignore our petitions, do you really think that will change the outcome? We assure you, we are driven to have a voice and not leave a $4.5 million decision up to three individuals. An election
063is the only solution, and if we must, we will petition again. The school board is supposed to represent the people of this community, and we have 125 signatures that say your community would like to vote on it. Are you really going to deny us all that right because of some technicality? Um and then this they was signed respectfully Laura and Charlie Zort, Mike Gingler and Mary Sweeney Gangler and Michelle Tenike. So that is the letter that was brought with the >> petitions. And so we have had um we talked about this at the last meeting, but Scott has reached out to our school attorney um to the legislative council for the department of education, to the state's attorney, to a number of superintendents who have different council um than our school council, and to um
064also the DA Davidson, and to ISG, who works with schools on numerous projects. Um, basically everyone was unanimous in their conclusion and Rodney did write a letter um to Scott and I for the board. So, I'll just have you read his response on that. >> Okay, >> Scott. >> So, here was the response from school attorney Rodney Freeman and issued to the petitions. Um, Superintendent Hammer, we have corresponded on this topic on numerous occasions. Based upon our conversations this morning, we agreed that it would be best for me to send you and the board of education a brief synopsis of our various conversations since there seems to be uh confusion and/or misinformation in the community. As I'm sure you and the board are aware, SDCL 1316 6.2 is the statute that authorizes the issuance of
065capital certificates. That statute provides any proposed issue of capital certificates which will obligate the school district for future payments of the principal which the total will exceed 1 and a.5% of the taxable property within the district cannot be entered into the school district or certificates issued unless prior there to the board conducts a public hearing thereon after giving notice um in local publication 10 days before the hearing. It is my understanding that the capital certificates contemplated by the board do not exceed 1.5% of the value of taxable property within the district and that at the school dis the school board voluntarily held a public hearing. The other statute I want you to address or want to address since I have reviewed the petitions that were presented to the school last week again is SDCL 13-16-6.2.
066The statute provides when read in conjunction with SDCL 13166.4 that if the cap capital outlay certificates authorized by the board do not exceed 1.5% then no election may be held. The statute is very explicit. While I'm aware that the petitions submitted by some of the patrons in the district wish the board to hold an election even as even if one is not required by the statute SDCLA 1316 6.2 to in my legal opinion prohibits the district from holding an election even if the board of election wish board of education wished to do so. Again, this is prohibition and thus the board of education has no choice as to a vote since the same is directly and specifically prohibited by state law. Thank you Rodney for so >> that is his take on >> and I
067think too some of the confusion is the project cost versus capital hours you're going to get basically outlays and it's not the total cost of the project that exceeds the 1.5% it's what capital outlay certificates are issued so it's my understanding Scott from talking to you that the school is not looking at if the cost project is 4.5 million, we're only looking at issuing 3.5 millionish in capital play certificates by using cash on hand or donations or other funding sources. >> However, yes. And and the way I have it, it's been explained to me is if the district wanted to issue certificates in excess of 1.5. So say there was a project and you want to go 1.7. The district at that point could voluntarily say we're going to vote on it that amount. Or
068if the if the board says no, we don't want to vote on it, then it could be referred. At that point, if it's voted down, no certificates would be issued. However, the board can issue certificates in the amount up to 1.5 for any project that they want to move forward with or see fit to conduct within the district. So, that is that is the way the codified law is written. Um, >> and Mary, I know that you didn't want to speak on this topic. So, yes, I'll open the floor to you. >> Okay. So after we turned in our referendum petition with the 125 signatures, over twice the required number and as an indication of what the public is thinking besides the board here, we were told to talk to Rod Forton, um the South
069Dakota legislative auditor. Laura explained to him, the three of us were in a conversation with this gentleman for about half an hour. He explained that she had talked to legislators and the legislative research council and they agreed in our case that we should be able to have an election. Rod said he can't give a legal opinion but said if asked two different attorneys could have different opinions. She asked that why shouldn't we error on the side of the people. He said the verbiage was changed the last time in 1989 and maybe should be changed to be more clear. He also said we should talk directly to the board members to ensure that a resolution doesn't pass. And that's what I did. I talked to several of the board members. Anyway, today Laura was able to
070contact Representative John Hansen regarding having an election. He said, "We need a statement from the lawyer. I'd like a copy of that if I could get that please. As to what statute we are operating under. He also said that per statute 13-16-6.3 the board does have the authority to call for an election. Not required but can. That was what representative John Hansen said. He is an attorney. >> I I would like to just make a comment on that. 6.3 states that if it is over 1.5%. That there can be an election. >> It's It's confusing with codified law. I'm not trying to I'm not an attorney, but that's that's what that >> different opinions >> cuz I've read it over and over again and you can see it both ways and obviously co so can
071Representative John Hansen and he is a lawyer. So yeah, I would if that's okay, I would like a copy of the letter from our lawyer. >> Oh, so basically based on all of the discussions that we had, um I mean there's that this isn't an action. This is just a discussion for the board. Um that it's it's my opinion and my it would be my recommendation that we follow our attorney's advice. um and recommendation in not having an an election. One that because no capital outlay certificates have even been issued. So there is nothing to refer to a vote. Um and two because we're under the 1.5% of the total valuation which it will prohibited high from doing part. >> Do you guys have any questions or thoughts? You are getting I will move on.
072>> What is the 1.5%. >> Uh so as of this month the 1.5% is roughly 5.1 million and then next in January it moves to 5.4 million just with the the difference in valuations. We will move on to item 13 which is take action to advertise for the construction manager at risk RFQ and establish criteria for receiving proposals. >> So the advertisement for the RFQS is updated in the packet. Um I guess the the one thing you would want to look at doing is figuring out how you want to receive those proposals. Um, keep in mind those are typically percentages of work and whatever. Um, as of now they are due on January 7th. Um, in talking to ISG and different construction companies that have reached out. Um, it seems like it's common place for
073the board to appoint two people to review those and possibly myself and then bring recommendations for retaining one of those people at the board meeting. So, you don't have to go through all of them at the board meeting, but it's up to the board however they would want to look at receiving those. >> Does that get enough give enough time with two holidays in there? Well, you have to advertise it for 10 days before they are due >> and it has been advertised already. >> We did advertise it and there were numerous submissions already for the first one. However, those would be put away presubmitted. >> Correct. >> Okay. >> Um >> I can't know you're super busy yet. high enough here at looking at those kinds of things. Would you be >> My only
074question is would I have to recuse myself if >> you put in? >> Yes, you probably would. So, I ra I would not have you do that. So, what if we do Dan and Jen? Would you guys be willing to look at those with Scott? >> Sure. um prior to the meeting and then I would just make a motion to advertise for the construction manager at risk and that we would receive those with Jen and Dan and Scott reviewing before the next board meeting and yeah now because we have that time but yet. But if there would be any vote on the submitts, then we would you would repeat yourself. >> Second. >> All those in favor? I >> oppose. Motion carries. All right. Item 14, take action on dissolving of Prairie Lakes Education Coal.
075>> All right. So, as Jen talked about before, uh the member schools are looking at possibly dissolving the co-op. Um with Flandrew getting out of the co-op, it's going to increase every school's um cost within it. And if another school gets out, it's going to be significantly higher with that. So, at our last meeting, the superintendent did discuss um dissolving the co-op itself. Um, basically the two main functions and I'm are our our co-op directors in attendance tonight and if I get this wrong you can tell me later but um they provide school psych services to the to the member schools and then also they help with Medicaid reimbursement um which we are not affected as much as the other schools with with higher enrollments as far as that goes. >> How many Medicaid reimbursements
076did you file? very few. >> Yeah, >> like >> probably less than >> I mean single digits the number of cases. So, um I do know in discussions that we had at the director's meeting um I know some of the schools are just going to forego the reimbursement because the amount we get back is you know could be so little for those districts and we are the smallest school in the in the co-op. How would we get our psych services? >> I'm sorry, what? >> How would we get our psych services? >> So, we would look So, currently we share services with Tri Valley School um in the co-op. Tri Valley has not expressed an interest of needing more days for the school site. Um our first recourse would be to work with the Tri
077Valley School District to retain our days. Uh we are currently I think we received 25 days of school psych services. So um that would be the option. And here's the deal. If they dissolve it, we you know there's no really there's no real choice. However, um, in talking to the other superintendent, it's kind of a we're all on board or not because if if any more schools get out before the deadline, then the cost to all the other schools would go up significantly. So, um, every superintendent is having the same discussion with their board tonight as far as whether to get out, I mean to dissolve, sorry, not to get out, but to dissolve the co-op. Is that something that we need to take action on tonight or will we take action after your superintendent
078meeting? >> I think we need to have it by our January board meeting. Correct. >> That's the way I understood it. So, and and keep in mind too, it takes a 75% vote. So, so um you're looking at seven schools would have to take action. So, >> is really good. What I have written here is we would vote at our meeting in January and then it has to be sent to PLA on or before February 15th. >> It's either February 15th or February 1st, but I I will double check. We have a meeting on Friday. What would be your recommendation for us then? >> Based on the meeting that we had, I I think the the member schools would look to dissolve just because they could um manage their costs differently, if you will. I
079think it was very cost effective when we had nine schools in there, but I'll get down to eight or seven that whatever they're paying. Um, and I think each district pays anywhere from 8 to 13,000 a year in administrative costs and other things. So, as every school gets out, that would be absorbed by the other member schools. So, that that's why everyone said nobody's going to jump ship and everybody, you know, the other schools are going to be sitting there paying that for a year. So, it's um we'll find out what the pulse is more on Friday. >> So, do we need to vote on this all? I don't I think we can but just so you're aware. >> All right. Any other questions on the flag? All right. Uh item approval of land purchase
080agreement. >> So the land purchase agreement is in your packet. Turn the two pages. Um when you did establish uh the board gave um Kirstston rights to sign any and all documents but they had to come before the board to be approved. Um so in that the final plat of land is 10.4 acres. The full purchase price for the property is $178,400. So, if you break it down per acre, um it's roughly 17,150 per acre is what the purchase price would be. >> So, let's talk just a little bit about how we got to that purchase agreement because I feel like that's been a everyone kind of big question. And to Scott's point, when we talked about this beginning and took everyone back, we started this negotiation process and it was a competitive mid situation
081where we had multiple land owners. And so we authorized um Melissa and myself for the negotiating team with Scott to work with the land owners. And when we met with the land owners, um it was they were very different. um one the landlord to the north um they asked us to keep you know that their stuff confidential. So, I'm not going to divulge all that information right now, but I will say that the price was significantly higher for the land itself. And then there were a number of stipulations that were attached to that land um for any building project that would be done there um that would that would increase the costs by easily one half to $2 million. And I don't even know if they were all feasible to even for us to even
082meet some of the stipulations. So when we met with um Bob Lee right now over here um there was zero stipulations on anything and the price was like I said about half of what the other price was. So given those things um we did have uh who was it that did the soil samples for us? >> Geotech did. had geotech come and do that because to everyone's point if if the cost was going to be higher one or the other but then the cost of development was going to be way higher to offset that we wanted to know that upfront. Um that came back basically that it's very similar at both sites. >> It was the the findings from those were that the soils over here were more suitable to build on than the soils
083at the north site. Um the north site actually the soil samples that they had there um actually contained more moisture. So there would be concerns of the length of construction time there. And then the north site also had more variance on elevation which led Geotech to believe that the cost to get that to grade as opposed to this would be significantly higher at the north site. >> And that did not include the stipulations that we were also going to have to meet. So that was on top of all of those other costs. Um so that's basically and then in talking with coaches, teachers, staff, um this the east site is just uh much more convenient for the school to use um and some of those things. So that is how we ended up with this
084purchase agreement which is in the packet so everyone can have a copy of it. So, I guess right now all I need is a motion to approve the first agreement. The land purchase here motion motion. Is there a second? Can I ask a clarifying question? >> Yeah. >> This is not set in stone. This is not us saying that we're going to put the athletic complex >> just for the purchase of the land. >> Yes. >> Second. All those in favor I >> oppose nay. Motion carries. And item 16, establish the school board election date. >> Um, with that, >> I think the June 2nd date is going to be more beneficial to the board because then we have the new board members sworn in at our July board meeting. So, >> what was the
085other? >> November 24th, I believe. I think >> something like that. No, November 7th. a first second meeting in the program. >> Yeah. >> And then the new board member would also have the opportunity to attend the board meeting before their >> correctly. Yeah. >> On duty. >> Okay. So, we just need to set the new election date for June 2nd. >> June. Is there a second? Oh, no. All those in favor? I >> I >> Okay. Motion carries. Okay. The next meeting is scheduled for January 8th. >> Is there a basketball game? >> Let me double check that. >> I don't have I don't have basketball schedules being >> I believe it should be January 12th. >> Oh, January 12th. >> Oh, look at that. 79 virtual explan. Um, so we do Wednesday 14th.
086>> Does that work? >> I don't think there's anything January 12th, boys basketball. I don't see anything on the 14th. >> Okay. We will do the next regular meeting for Wednesday, January 14th at 6 p.m. in the library. I just need a motion to motion second. All those in favor I motion carries. Thank you all for attending. I have one question. You say it's significant higher. How much higher are you significant? I like to know. I mean, it's not that old, but I know