5-29-2024 1:25pm

APS School Board Meeting Authorized $4 Million Redesign, More Money for Questionable Investigations

Chris Edwards Editor

A 5-28-24 Special School Board Meeting was held to review the status of Chaparral Middle School. The Board hosted legal counsel and state representatives for a presentation on findings discussed in closed session specific to the building of Chaparral Middle School.

Present was also a representative of the state of New Mexico public schools authority, Mr Mike Ortiz and Mr. Martinez an attorney for the authority.

A presentation began with a legal counsel overview of the Chaparral project. Counsel began explaining the process of the Go Bond measure and its approval in 2019, the steps to scope of work and RFP’s to move the project forward in 2021 to include potential scope of work with a proposal to spend approximately $28 Million, a bond was proposed of up to $40 Million.

RFP went out with a selection committee of 5 raters all compliant with the law. All raters listed studio Southwest Architects as the number one choice. PSFA ran into some roadblocks with the architectural firm, as they did not include PSFA in the design review process which is typical. According to presenters, PSFA with the state of New Mexico went forward with a “standard design contract” with SW Architects as per “standard state protocols a standard state initiated contract,” the contract is “pretty standard,” and “used for all school designs across the state of New Mexico and is straightforward.”

The contract was signed in 2021. The contract “matched exactly on the max spend and the RFP,” There was then dialogue around the $1.7 million design cost which again is typical for a project of this scope per the state representative.

The original proposal contemplated building a replacement school at both the present and an alternative site. The major focus was for design at the proposed new site as the initial scope of work. The contract describes the project owners as both the district and the PSFA.

Next a scope of spending was submitted to PSFA on how the 60/40 split of funds would occur for build out by the system and architect to the PSFA.

The document explains there must be approval for one phase to go into the next which then resulted in some delays and issues with PSFA in what is a collaborative process.

If there is an increase in cost as an example due to inflation of building materials then dialog must occur and the contract allowed for “a price escalation provision.”
A second contract then was presented to PSFA. Much focus was on the terminology of the school being, “the crown jewel of Alamogordo.”

And per the representative that is where some of the concerns began to occur from PSFA around the project. A second contract was approved 15 days later by the old board and extended by this new board in January of 2024 with an extension, “not for costs but for time” as per feedback from the new board.

The scope of work in the second contract caused some friction, confusion and concerns with the PSFA especially around specifications for outdoor learning spaces, upgrading materials etc. This raised concerns as the upgrades in vision and scope is believed to go beyond the original PSFA approved contract.

A friction point appears to be the definition and vision of what defines“a crown jewel for Alamogordo public Schools,” between a states vision and local board authority and vision.

The superintendent was requesting to the PSFA for additional funding via correspondence back and forth as per upgrades requested as a part of the second design contract for upgrades. The PSFA felt the cost per square foot escalation was unacceptable and then complicating issues and cost were the drainage issues and site problems discovered at the proposed new site off of Griggs Field and concerns raised by the hospital about drainage and other impacts of the schools location.

The concerns due to drainage and concerns most directly from the hospital caused significant delays. As a result of the conflict with the hospital over drainage a redesign occurred to move the project back to the original existing Chaparral Middle School present site. What that entailed was taking the design created and rearranging it to fit the existing school site verses the one near the hospitals of which the hospital was against.

That redesign was costly and cumbersome time wise as considerations have to be made to accommodate an existing functioning school all the while construction would occur resulting in a much slower buildout.

Cost escalations then occurred due to the time and conflict with the hospital. The original project as drafted was $6 Million over budget at the old site. In October of 2023 understanding the issues PSFA agreed to change the maximum budget for the project to $44 million. In March of 2024 under the new school board the architect issued an option on cost as “probable cause,” of $73 Million meaning the project is now $12 million dollars in the red of the go fund. The PSFA was concerned about the huge escalation in price to $853 per square foot from the approved $600.

The district has spent to date, $2.3 Million in design that won’t go against the go bond as it comes from a separate funding source with a state match as a part of SP9 funding.
PSFA says there are options for moving forward but the present board has got to make some decisions.

The interim superintendent Crabtree working with PSFA had come up with 2 scenarios that the board must consider…
1. Use other district funds to cover the gap Or 2. Start with a new design at a cost of $3 to 4 Million and restart a new construction deadline.

According to a presentation by interim superintendent Crabtree, he suggested that PSFA put the project on hold due to cost overruns, further in his presentation he mentioned that PSFA had significant concerns about Chaparral location near the hospital in the flood plane and the cost associated around mitigation and thus recommended the project be moved from the Griggs field area at the Glider park. The district then made the decision to move the project as per the request from PSFA. PSFA then cautioned the district it should consider a redesign. The district then chose to pay for a redesign.

Now today the district has a design that does not align with the original site and a school build out it cannot afford. PSFA staff said it cannot continue to recommend continuing with the design. They now recommend starting from scratch with a new RFP, but those funds would come from the district as PSFA will not fund a new architectural design.

The school board members then led into dialogue with Shannon Wright admonishing the previous board of which president Cadwallader led before Mrs. Rabon. He said he was embarrassed by this situation that developed. While those feelings are clearly understandable it must be noted this project began in 2019 the make up of the board has changed multiple times in that period and thus the most recent board does not “own all the issues, note also the system has been through 4 superintendents during that time period and in reality the Superintendent is the lead contact and project director at the local level.

PSPA stated they rely on local autonomy to manage these projects for their 80 plus school districts.

The PSFA representative went on to say, “we are not here to tell you you cannot build a $73 Million school, we are here to tell you we cannot participate in a $73 Million school and so that is the tough spot.”

The spokesperson for PSFA said, “moving forward with the current design is disastrous, we’d waste more time and money and if we want to get these kids into a new facility our recommendation is for a full redesign, site specific for the original school site.”
Wright raised concerns about the existing site being on a geothermal field and the impact that might have and debated rather and alternative site should be considered placing a further potential delay on the project.

A question from the board was then posed about funding if a redesign is created for the new site how would state matching funding again occur and to what level. The response was that there would be a review but they would want pricing bet square foot to be around $500 to $550 a square foot. The project would require an “award language change and a new baseline.”
The PSFA said if the district could get its ducks in a row then a new design could begin by October. Wright then asked if the PSFA saw the design and suggested it would work for “Hobbs with oil money, Alamogordo could have oil money but that’s another issue.”

Wright suggested shrinking the size due to potential lower enrollment and not plan for growth, (think charter school defer responsibility,) and scale down the project to settle for practical verses a “crown jewel.”

Mrs Murphy asked what can be done to prevent this board from falling into a similar situation that they are in now. The PSFA member suggested that the board review contracts as a whole board before being executed and to have period reports on the project as it is engaged.

It was then pointed out that the district has completed three new schools in the last few years and that there have been successful efforts that might be learned or referenced from.

The board then voted on a motion to terminate the contract with Studio Southwest which designed the project. All voted to cancel the contract.
Next for vote was motion to issue an RFP to create a new design all approved issuing a new RFP.

The final agenda items voted on was to direct legal counsel to initiate investigations and to hire investigators and to make a referral to appropriate agencies concerning waste and abuse by former board and former superintendent, motions passed with all voting for such investigations, hiring of investigators and referrals.

The investigation sounded as if it is limited to Mrs. Renteria, as worded.

What was not identified clearly was how far back this investigation would go and what the board is defining as “the past administration?

Clearly the target of this new board, is Mrs. Renteria who is still on a paid leave, as past investigations have not yet uncovered a “smoking gun” to be enough to terminate her “for cause and stop payments to her under her contract, or the board would have already done so.

The project of Chaparral Middle School has been progressing since 2019. The ownership of any wasted funds, if any, on the project, date back longer than just the past one year.

When the project and scope of work began on Chaparral; Jerrett Perry was the Superintendent and President Angela M. Cadwallader was president of the board.
In 2020 as the project continued Jerrett Perry was the Superintendent leading the charge for an GO Bond to fund the project, Angela M. Cadwallader was president and a member of the board that is no longer a member was Vice-President Ryan Sherwood.

Jump forward to 2021 when RFP’s were issued and the design firm was hired the board consisted of President Angela M. Cadwallader, Vice-President Ryan Sherwood, Secretary Carol Teweleit, Member Judy Rabon and Member Anthony Torres, Jerrett Perry was the Superintendent.

Jump to 2022, Judy Rabon became president of the board and Dr. Ken Moore was appointed the Superintendent. Thus the project leadership transitioned from outgoing Jerrett Perry who praised Dr. Moores leadership of Alamogordo High School and his potential as Superintendent, assumed the helm to move Chaparral forward. His vision was a state of the art school as a standard for the district and the state.

Step forward to chaos of 2023 that then ensued, with false accusations and fake media stories, about Dr. Moore related to curriculum reform, and lawsuits from Flickinger and Lorrie Black, and the system became embroiled in controversy and chaos.

Then, the board scrambled with ensuring bonds were passed, against a backdrop of inuendos and intimidation against the seated board and system leadership. The bonds were for facilities upgrades and were, to keep the schools funded and functioning.

The bonds most recent passed. Along the way was also a transition to Pam Renteria as an interim Superintendent pending investigations of Dr. Moore.

Dr. Moore eventually left with a settlement that was supposed to be a confidential agreement per NDA’s and HR laws, but of which may have been leaked to certain school board candidates, an ethics violation.

Pam Renteria was then named superintendent, a new board was elected and in 2024 she was placed on a paid leave of which she is still on, pending investigations.

In February 2024, Mr. Crabtree was appointed as an interim superintendent. Mr. Crabtree is attempting to bring stability to a process as an interim Superintendent, but the board committed to a national search during the election process to find a permanent successor to Mr. Crabtree.
The new board, has yet to launch that national search, as it committed, as it has been embroiled in controversies of investigating the most recent leadership of those board members voted out of office and Mrs. Renteria.

Thus a question to the board is what is being investigated for referral as the present board president is the only consistent member of the complete drama from 2019 that has remained on the board and owns part of the responsibility of where the system is today in relation to Chaparral.

Consistent leadership at the level of Superintendent is how buildings, and other large projects move forward.
Given the 4 superintendents in place during the process to launch Chaparral the question the public must ask is which decisions are being investigated? An honest investigation and referral must date back to the beginning.

In the meantime a redesign will occur at a potential cost of up to $4 Million dollars, more money is being authorized for investigations and attorneys, a New Mexico teacher of the year left due to the system not renewing his contract under an HB-1 Visa agreement, he will be teaching at another system in New Mexico, multiple other teachers and administrators have issued their resignations, a proposal is being submitted to PED to open a charter high school to compete with Alamogordo High School bleeding it of $1.5 million in funding which will result in program cuts of which the APS Board is silent but clearly had past conflicts of interest, and yet the new promised, Chaparral Middle School, is at a minimum of another 3 to 4 years down the road.