Action item 6 called for possible action to issue a Request for Qualifications for a law firm to conduct a No Cost Assessment to determine if construction defects exist in district facilities and if so to represent the district regarding the same issue on a fee basis. This in light of the issues that have arose at both Armando Cerna Elementary and Perfecto Mancha Elementary, two of the newest buildings in the school district. The architect, Davis Powell, who handles these construction projects was on hand to answer any questions the board had when the topic was discussed.
School Board Trustee Ignacio Saucedo questioned the severity of the issues that have come up at both schools, citing issues with the foundation and the walls of the buildings.
When pressed by Trustee Rudy Bowles of these issues and if he considered them to be more than cosmetic, Powell explained that the issues that they are seeing are for the most part cosmetic in nature.
The reason that their is so much movement to the building (making specific reference to Mancha Elem.) according to the architect is that the movement of the sub-soil under the foundation has not settled and continues to move.
Powell further advised the board that the only way to get the construction company to pay for the repairs of the foundation would be to prove that there was a type of defect associated with the problems.
If a defect was to be found the foundation would still be covered under warranty for 10 years, but Powell explained that they could not find evidence of a defect.
After discussion the item was ultimately not passed and the board chose to not pursue a law firm to conduct an assessment of construction defects with 4 descending votes. Board member Rudy Bowles was sure to add that he expected these issues to be fixed adequately when speaking to the architect.
"Cosmetic or not, they are some of our newer buildings and they shouldn't be having these kinds of problems so soon. Another issue that we did not bring up was that of our baseball field which was deemed unplayable by UIL. We do have issues with our facilities that need to be addressed." further stated Bowles. In a later item that was sponsored by Trustee Ignacio Saucedo the board would consider the possibility of requesting qualifications for an accounting firm to audit district salaries in 2009 to assure conformity in the current District Salary Scale. The item stemming from an investigation on errors made to employee salaries. "I basically was requesting an RFQ (Request For Qualifications for a financial firm to handle this case), I don't see the reason why the item was tabled. Our Finance Department is very busy right now, and this would be an opportunity for them to focus on their job. It's an internal investigation and I would feel more comfortable if it was handled by an outside firm."
According to Saucedo this is more than just a fiscal issue.
Mr. Bowles mentioned that he had confidence in the checks and balances that have been put in place by Mr. Mijares, Deputy Superintendent for Business and Finances.
"We've found four up to now and only one is from 2009," said Bowles, "We have what is called a grandfather clause that says if a problem like this is found, the employee can only be charged for one year. In order to save the money it would cost to hire a firm to this job, we have taken the steps to keep this from ever happening again."
The board decided to table the item and further discuss the issue at a later meeting.