Agenda for June 4, 2018
Meeting will be held at 5:30 pm
4300 Cutler NE
Albuquerque, NM 87110
PUBLIC WELCOME
Call Meeting to Order
Roll Call
Approval of Agenda*
Approval of Minutes*
Minutes for May 21 (2 nd Meeting), 2018
Open Forum
I. Lease Purchase Amendment Update
II. FINANCE UPDATE
APPROVAL OF BUDGET ADJUSTMENT REQUESTS (BARS)*
001-027-1718-0047-I
001-027-1718-0048-I
001-027-1718-0050-M
001-027-1718-0051-I
001-027-1718-0052-I
001-027-1718-0055-D (T&E AUDIT)
001-027-1718-0056-I (SEG)
001-027-1718-0057-M
001-027-1718-0058-M
APPROVAL OF 2018-2019 LEASE PAYMENT ASSISTANCE APPLICATION *
APPLICATION
CERTIFICATION B
CONFLICT OF INTEREST POLICY
Next Meeting: TBD
Adjourn Open Meeting
(*) Action Item
Pursuant to the 21 st Century Public Academy Governance Council Open Meeting Policy Resolution of 9-1-2015:
• Proper and required notification to the public has occurred,
• This is a Special Meeting of the 21 st Century Public Academy Governance Council requiring a minimum 72 hours public notice
and that requirement has been met,
• If you wish to attend contact 21 st Century Public Academy Office at telephone number (505) 254-0280 for further information,
• If you are an individual with a disability who is in need of a reader; amplifier; qualified sign language interpreter; or any other
form of auxiliary aid or service to attend or participate in the meeting, please contact 21 st Century Public Academy at 505-254-
0280 at least one (1) week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can
be provided in various accessible formats. Please contact 21 st Century Public Academy at 505-254-0280 if a summary or other
type of accessible format is needed.
PUBLIC SCHOOL CAPITAL OUTLAY COUNCIL
2018-2019 APPLICATION FOR LEASE PAYMENT ASSISTANCE FOR CLASSROOM FACILITIES
Application Deadline: June 8, 2018
(Applications received after the deadline or incomplete Applications will not be considered)
A separate Application MUST be completed for each site for which a lease exists and lease payment
assistance is being requested. Each Application should be site specific and include student mem count and
applicable leases for that site.
New Mexico state law provides that the Public School Capital Outlay Council (PSCOC) may approve
Applications for the purpose of making lease payments for classroom facilities. The PSCOC will make
determination of the lease assistance awards based upon compliance with current statutory criteria. If
applicable to your charter school, provide a copy of the Certification(s) and Lease Amendment submitted with
your 2017-2018 Lease Assistance Application or complete and include the applicable Certifications listed
below:
Certification A Public Facility;
Certification B No Public Facility Available;
Certification C Facility Owner – Non-Profit Foundation, and/or
Lease Amendment Owner Maintains Facility to Statewide Adequacy Standards.
At the end of each fiscal year, any unexpended or unencumbered balance of the grant award(s) will
revert to the Public School Capital Outlay fund. No grant will be made for lease payments due pursuant to a
financing agreement under which the facilities may be purchased for a price that is reduced according to the
lease payments made unless:
It is a Lease Purchase Agreement approved by the Public Education Department (PED) pursuant to the
provisions of the Public School Lease Purchase Act, Section 22-26A-4. NMSA 1978.
INSTRUCTIONS:
1. Attach a complete and signed copy of the current or proposed Lease Agreement,
Lease Purchase Agreement and/or any Lease Amendments, Inter-Governmental Agreements,
Memorandums of Understanding or Joint Powers Agreements for the 2018-2019 school year
(July 1, 2018- June 30, 2019) to the Application.
2. Each Application submitted must include a signed copy of the PSCOC’s Conflict of Interest
Questionnaire and a copy of the school district or charter school Conflict of Interest policy.
3. Applications for lease assistance for locally chartered charter schools shall be made on behalf
of charter schools by the school district and signed by the school district superintendent or
designee. In the event the school district fails to submit or sign an application on behalf of a
charter school, the charter may submit its application directly to the Public School Facilities
Authority (PSFA).
The Lease Assistance Application, Section 22-8B-4.2 NMSA 1978 compliance Certifications and
Lease Amendment, the PSCOC Annual Conflict of Interest Questionnaire and a Charter School Assessed
Square Footage spreadsheet are available for download from the PSFA website at
http://www.nmschoolbuildings.org/?q=node/108.
Submit completed application to: For questions please contact:
Public School Facilities Authority Denise Irion dirion@nmpsfa.org or
1312 Basehart Drive SE – Suite 200 Norma Ahlskog nahlskog@nmpsfa.org
Albuquerque, New Mexico 87106 Telephone: 505-843-6272
EMAILED COPIES OF THE APPLICATION DOCUMENTS WILL BE ACCEPTED
IN SEPARATE .PDF FILES AS NAMED ON THE CHECKLIST
Page 2
2018-2019 LEASE APPLICATION DOCUMENT CHECKLIST
Attach this document to the top of your submittal and place documents in the order listed
NAME OF CHARTER SCHOOL: 21 st Century Public Academy Charter School
CHARTER SCHOOL SECTION:
☐ 2018-2019 Lease Application;
☐ Copy of charter school contract (includes charter authorization and performance measures)
☐ If your charter has a Lease Purchase Agreement, provide a copy of PED’s approval letter. If you have not
received PED’s approval letter, provide date submitted to PED
☐ Current Lease Agreement, Lease Purchase Agreement or Lease Amendment(s) and/or any
InterGovernmental Agreements, Memorandums of Understanding or Joint Powers Agreements;
☐ If applicable to your charter school, provide a copy of the Certification(s) and Lease Amendment submitted
with your previous 2017-2018 Application or complete and include the applicable documents listed below:
☐ Certification A Public Facility;
☐ Certification B No Public Facility Available;
☐ Certification C Facility Owner – Non-Profit Foundation, and/or
☐ Lease Amendment Owner Maintains Facility to Statewide Adequacy Standards.
☐ Copy of “E” Occupancy Certificate (unless explanation provided in Section A. of Application at page 4)
☐ Signed copy of PSCOC’s Annual Conflict of Interest Questionnaire; and
☐ Copy of the District’s or the charter school’s Conflict of Interest Policy;
Applications missing the requested documentation or incomplete Applications will not be considered.
THIS SECTION FOR PSFA USE ONLY
Will PSCOC fund lease assistance for charter schools that do not have a current charter school contract (includes
charter authorization and performance measures)?
No
Will PSCOC fund lease assistance for land leases?
Yes, based upon land to building ratio per site
No, if it is a land purchase
Will PSCOC fund lease assistance for capital improvements?
Yes, if it is a valid lease purchase agreement
No, if it is a straight lease agreement
Will PSCOC fund lease assistance if charter school does not have a current FMP?
No
Will PSCOC fund lease assistance if charter school does not have a current Audit?
No
PSFA CHECKLIST
☐ Review Complete ☐ Application Incomplete
☐ Documents Scanned ☐ Late Submittal
☐ Merge Spreadsheet Updated ☐ Application Rejected
Page 3
2018-2019 LEASE PAYMENT ASSISTANCE APPLICATION
FOR CLASSROOM FACILITIES
(place cursor on top of lines to type)
Facility Name: 21 st Century Public Academy
(For multiple sites each Application should be site specific and include student
mem count and applicable leases for that site. )
Physical Address (as shown on lease): 4300 Cutler Blvd NE, Albuquerque, NM 87111
Did you relocate in the past year? Yes x No ☐
Do you plan to relocate in the next year? Yes ☐ No x
Mailing Address: 4300 Cutler Blvd NE, Albuquerque, NM 87111
Administrator: Mary Tarango E-Mail: Mtarango@21stcenturypa.com
Business Manager: Michael Vigil, Sr. E-Mail: Michael@vigilgroup.net
Phone Number: 505-938-7701 Fax Number: 505-903-6428
Locally Chartered Charter School: Yes ☐ No ☐
If yes, name of school district: APS Charter School
Date charter school contract term ends: June 30, 2020
Attach copy of charter school contract (includes charter authorizer and performance measures)
State Chartered Charter School: Yes ☐ No x
Located in which school district: NA
Date charter school contract term ends: June 30, NA
Attach copy of charter school contract (includes charter authorizer and performance measures)
Does the charter school have a current audit? Yes x No ☐
What is the charter school’s current audit opinion? x Unmodified ☐ Modified
☐ Adverse ☐ Disclaimer
☐ No current audit
Lease Type: Land Only ☐ If purchasing land, what are terms and purchase price?
(land to building ratio per site applied)
Facility Only ☐ Lease Purchase Agreement x
Attach copy of PED approval letter, if not received
provide date submitted to PED attached
Land & Facility ☐
1. Has your charter school entered into a new or Amended Lease Agreement, Lease
Purchase Agreement and/or Lease Amendment in the past year?
Yes x No ☐
If yes, please explain: Amendment is being submitted to PED and the Governance
Council May 21 st and is under review by PED. Proposed Amendment attached.
Page 4
2. Is the Lease Agreement directly with the property owner?
Yes ☐ No x
Please indicate whether the property owner is a:
☐ Private Entity ☐ Non-profit
x Foundation ☐ Non-profit with Lease Purchase Agreement
3. Was the charter school’s Lease Agreement, Lease Purchase Agreement or Lease
Amendment prepared by an attorney?
Yes x No ☐ If yes, please provide attorney’s name, address and
telephone number: Robert Fuentes, Fuentes Law Firm
4. Is the charter school in a public building?
Yes ☐ No x
5. Attach a copy of the applicable Certifications and/or Lease Amendment for your
charter school to comply with Section 22-8B-4.2 NMSA 1978:
☐ Certification A Public Facility;
x Certification B No Public Facility Available;
☐ Certification C Facility Owner – Non-Profit Foundation, and/or
☐ Lease Amendment Owner Maintains Facility to Statewide Adequacy Standards
or indicate the page and section in the Lease Agreement that demonstrates
compliance with requirement that the owner maintains facility to statewide
adequacy standards:
6. Terms of Lease Agreement. Please describe number of years covered, including any
options to renew:
Beginning Date Ending Date Options to Renew
8-9-17 6-30-22 Yes
7. Payment Schedule:
Payee Monthly Payment Amount Annual Payment Amount
Cutler Foundation 50,000.00 600,000.00
a. Name, address and telephone number of property owner:
Current Owner until Amendment approved by PED: Meld, LLC C/O Brent
DePonte 7770 Jefferson NE Suite 100, Albuquerque, NM 87107 (505)-884-7077,
bdp@dpinv.com.
8. Is the property owned by a local school district?
Yes ☐ No x
Name of school district:
a. If the answer is no, please explain why the local school district has not made
space available to the charter school? APS does not currently have a facility
large enough or available to meet our School needs.
b. If the local school district has made space available to the charter school,
please explain why this available space was declined by the charter school
(i.e., does not meet the programmatic needs of the charter school)? NA
9. If the school has more space than is currently necessary, please explain (i.e.,
anticipated increase in enrollment and/or adding additional grades)?
Page 5
NA
10. If a locally chartered charter school, indicate whether or not the charter school is
included in the District’s current Facility Master Plan (pursuant to §22-24-9.3a
NMSA 1978):
Yes x No ☐
If no, please provide the anticipated date of inclusion:
If no date indicated above, please provide the status of your Facility Master Plan:
Beginning and ending date of current Facility Master Plan:
February 2010 to FY 2016
11. If a state chartered charter school, please provide the status of your Facility Master
Plan (pursuant to §22-24-9-3a NMSA 1978):
NA
Beginning and ending date of current Facility Master Plan:
to
Page 6
REQUIRED GOVERNMENTAL APPROVALS
(to be completed by Applicant)
A. Authorizing Agency “E” Occupancy Certificate (please include copy with
Application submittal): Yes x No ☐ If no, please explain.
B. Public School Facilities Authority (PSFA) facility assessment and approval
information:
Has the condition of your current location resulted in a weighted New Mexico Condition
Index (wNMCI) score of 23.78% or lower, the current statewide average as required by
Section 22-8B-4.2 NMSA 1978).
Yes ☐x No ☐
Please provide your charter school’s wNMCI Score and the date issued:
10.84% in current facility but does not include Phase II (issued April 16, 2018 by PSFA)
attached
wNMCI score located at:
http://www.nmpsfa.org/files/funding/wNMCI_FinalRankingWithBuildingFCI-ByRank_4-16-2018.pdf.
C. Square Footage Calculations for Worksheet for Lease Payment Assistance Award:
Facility square footage located at http://www.nmschoolbuildings.org/?q=node/108
1. Gross square footage: 52414
2. Classroom net square footage: 22134
3. Administrative net square footage: 510
4. Net square footage of other space: 29770
Description: Gym, Storage space, hallways, closets, foyer, bathrooms,
kitchens
D. Enrollment and Educational Facility Objectives:
For multiple sites do not combine the student mem count, include only the site specific
student mem count for each Application.
1. Total number of students enrolled: 245 (EOY 17-18) 300 (Enrolled 18-19)
Current approved enrollment capacity: 400
Grades provided: 5 th – 8 th
Number of permanent classrooms: 23 plus a Gym for PE
Number of portable classrooms: 0
2. Unique non-traditional educational programs provided:
Yes ☐ No ☐ If yes, briefly describe space needs that are
different from the Educational Occupancy Standards or the Statewide Adequacy
Standards, as applicable, for traditional schools:
3. Community programs provided:
Yes ☐ No x If yes, briefly describe space needs that are
different from the Educational Occupancy Standards or the Statewide
Adequacy Standards, as applicable, for traditional schools, and revenue
generated:
Page 7
Please indicate whether the following services are or are not included in the current
Lease Agreement and include the total amount as your response to Question No. 7 of the
Worksheet:
Have capital improvements been made to the facility? Yes ☐ No x
If yes, provide dates and description:
Indicate the annual cost: $
Indicate the percentage of the total: %
If no, describe any services that are included:
Custodial: Yes ☐ No x
If yes, describe any limitations or exclusions:
Indicate the annual cost: $
Indicate the percentage of the total: %
If no, describe any services that are included:
Maintenance: Yes ☐ No x
If yes, describe any limitations or exclusions:
Indicate the annual cost: $
Indicate the percentage of the total: %
If no, describe any services that are included:
Property Taxes: Yes ☐ No x
If yes, describe any limitations or exclusions:
Indicate the annual cost: $
Indicate the percentage of the total: %
If no, describe any services that are included:
Utilities: Yes ☐ No x
If yes, describe any limitations or exclusions:
Indicate the annual cost: $
Indicate the percentage of the total: %
If no, describe any services that are included:
Page 8
WORKSHEET FOR 2018-2019 LEASE PAYMENT ASSISTANCE AWARD
(double click box 1 to open form, click outside of form to close)
1
240
222,134
3
510
429,770
552,414
6600,000$
7
utilities in the Lease Agreement as provided on the previous page of this Application:0
8600,000$
9259,213$
10
-$
11259,213$ Amount of lease payment assistance requested (the lesser of line 9 or 10):
Enter the total value of capital improvements, custodial, maintenance, property taxes and
Subtract line 7 from line 6:
Allowable lease amount for classroom and direct admininistration space:
ESTIMATED maximum allowable lease reimbursement (line 1 multiplied by $xxx.xx)
Reimbursement amount to be determined by the PSCOC in July 2018 will decrease
up to an average of 20% from FY2017-2018 awards.
Enter TOTAL annual lease payment:
Total square footage of leased space (add Lines 2, 3 and 4):
Enter student membership/enrollment (for 1st year charter schools enter the estimated 40th
day full time equivalent enrollment (MEM) – to be adjusted after 80th day). All others enter
the average of the 80th and 120th full time equivalent membership of the 2017-2018 school
year as reported to the Public Education Department.
Enter total net square footage of leased classroom space:
Enter direct administration space (not to exceed 150 net square feet plus 1.5 square feet
multiplied by MEM, (150+(1.5 x MEM)):
Enter total net square footage of all other remaining leased space:
School Board President or Governing Council President: Date:
Print Name: Mary Tarango
Print Title: Superintendent, 21 st Century Public Academy
Charter School Administrator: Date:
Print Name: Virginia Trujillo
Print Title: Governance Council President
Locally Chartered School District Superintendent or Designee: Date:
(if applicable)
Print Name: School District:
Signatures certify that, to the best of their knowledge, the information contained in this application is complete and accurate
CERTIFICATION B
No Public Facility Available
The undersigned hereby certify under penalty of perjury that (insert name of charter
school) has diligently sought space in public buildings and that such public buildings are not
available or have been determined not to be adequate for the education program of (insert name
of charter school).
Charter School Governing Board President
By: ____________________________________
Print Name: ______________________________
Print Title: ______________________________
Date: ____________________________________
STATE OF NEW MEXICO )
) ss.
COUNTY OF BERNALILLO )
On this ______ day of _____________, 20___, before me, the undersigned officer,
personally appeared __________________________________________________________,
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged executing the same for the purpose therein contained.
____________________________________
Notary Public
My Commission Expires:
_______________________
Charter School Principal / Administrator
By: ______________________________
Print Name: ________________________
Print Title: ________________________
Date: ______________________________
STATE OF NEW MEXICO )
) ss.
COUNTY OF _____________ )
On this ______ day of _____________, 20___, before me, the undersigned officer,
personally appeared ________________________________________________________
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged executing the same for the purpose therein contained.
____________________________________
Notary Public
My Commission Expires:
_______________________
Use note:
This certification is intended for use by charter schools not housed in a building that is owned by the charter school,
a nonprofit entity specifically organized for the purpose of providing the facility to this charter school, a school
district, the state, an institution of the state, another political subdivision of the state, the federal government or one
of its agencies or a tribal government or subject to a lease-purchase arrangement that has been entered into and
approved pursuant to the Public School Lease Purchase Act.
PSCOC LEASE ASSISTANCE APPLICATION
ANNUAL CONFLICT OF INTEREST QUESTIONNAIRE
FOR SCHOOL YEAR 2018-2019
Charter School Name: 21 st Century Public Academy School District: APS, Charter
The following definitions apply to this Questionnaire:
“Interested party” An employee of a school district or charter school who has authority to
procure or make decisions regarding procurement, purchasing or contracting on behalf of the
district or charter school or an employee who is in a position to influence such decisions; or a
member of a district school board or charter school governing body (collectively referred to as
“governing body), who has a direct or indirect financial interest, as defined below.
“Financial interest” A person has a financial interest if the person has, directly or indirectly,
through business, investment, or family relationship:
a. An ownership or investment interest in any entity with which the school district or charter
school has a transaction or arrangement (e.g. a property lease);
b. A compensation arrangement with the school district or charter school or with any entity
or individual with which the school district or charter school has a transaction or
arrangement; or
c. A potential ownership or investment interest in, or compensation arrangement with, any
entity or individual with which the school district or charter school is negotiating a
transaction or arrangement.
“Family Member” means a spouse, father, father-in-law, mother, mother-in-law, son, son-in-
law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the
governing body or the head administrator. NMSA 1978 §22-8B-10 (2009).
Please include as an attachment to this Questionnaire a current list of governing council members,
a current list of school board and/or charter school foundation members, and if applicable, a copy of
governing board minutes approving exception to anti-nepotism laws.
Question 1: Briefly describe the property selection process and actions taken to ensure that the leased
premises were in the best interest of the district/school. The Administrative team and
governing council members worked very hard with APS and the surrounding community
to help locate a facility large enough to support the Schools Academic needs as well as
anticipated growth needs. Multiple sites were considered, however with the built in safety
of the Cutler Facility, this deemed the most appropriate for our Students and Staff.
Question 2: Briefly describe how the lease premises support the current or future space needs of the
district/school. The current facility and room for expansion help to support student
growth and expansion. We will be able to add additional classrooms, a Gym to support
Athletics, a Music room to support multiple programs offered at our school.
Question 3: Briefly describe how the determination was made that the negotiated lease was at or
below fair market value. This was reviewed by the Administration Team, Governing
Council Members as well as working with a local realtor to determine the best cost as
well as space for growth and expansion.
Page 2 of 4
Question 4: In selecting the leased facility was the site selected competitively from other potential
school sites?
Yes No x
Describe the selection process, the number of sites considered, the number of offers
made, and the reason the selected leased site was chosen:
How was it determined that the selected site and lease was a good value? Health and
Safety was our first priority in looking for a new facility. We also needed a location that
could help our school with additional growth and expansion to meet the Academic needs
of our students. This building was previously a Federal building and built with more than
adequate standards for safety at the most effective cost for it’s size.
Question 5: Can any of the parties to the lease be considered an “interested party” or an immediate
family member of an “interested party” as defined in definitions above?
Yes No x
If no, then skip Question 6 and proceed to Question 7.
Question 6: If you answered “Yes” to Question No. 5 provide the following information:
a. Which party to the lease has a financial interest?
b. Describe the financial interest of the party identified in 6.a.
c. Was the financial interest disclosed to the governing body prior to
execution of the lease?
Yes No
If yes, attach a copy of the governing body minutes of the meeting at which the financial
interest was disclosed and/or any other documentation evidencing disclosure.
If no, explain why the financial interest was not disclosed prior to execution of the lease
or whether some other consideration of the financial interest was made by the governing
body or district/school employee executing the lease:
d. If the financial interest was not properly disclosed, describe possible
remedies and justification of how the benefits of continuing the current lease outweigh
the conflict.
Describe any hardship that would result if the PSCOC denied lease assistance.
Question 7: Does your district/charter school have a written Conflict of Interest policy and written
disclosure of conflicts requirement?
Yes x No If yes, attach a copy of your policy.
Page 3 of 4
Question 8: If you do not have a written policy addressing conflict of interest, does your governing
body or district/charter school have an internal rule or procedure that addresses entering
into contracts with interested persons?
Yes x No
If yes, attach a copy of the written rule or procedure.
CERTIFICATION
The undersigned hereby certify that to the best of their knowledge the answers to this questionnaire are
true and accurate. If any of the answers to this Questionnaire change, the authorized representative of the
district/charter school will notify the PSCOC through PSFA within thirty (30) days of the following:
Check one:
☒ the lease and price negotiated for the property was in the best interest of the district/charter school
and there were no violations of any conflict of interest laws.
☐ a financial interest was not properly disclosed and the district/charter school requests an exception
due to the undue hardship that will result to the district/charter school by avoiding the prohibited
conflict when weighed against the public interest served.
☐ due to extenuating circumstances the district/charter school requests additional time to respond.
School Board President or Governing Council President: Date:
Print Name: Virginia Trujillo
Print Title: Governing Council President
State Chartered Charter School Administrator: Date:
Print Name: Mary Tarango
Print Title: Superintendent
Locally Chartered School District Superintendent or Designee: Date:
Print Name: School District:
Signatures certify that to the best of their knowledge the information contained herein is complete and accurate
Page 4 of 4
Signatures and printed names of ALL Board Members or
Governing Council members: Date:
Print Name: Virginia Trujillo
Date:
Print Name: Phillip G. Sapien
Date:
Print Name: Chris Velasquez
Date:
Print Name: Arthur R. Silva Jr.
Date:
Print Name: Kathleen Webb
Date:
Print Name:
Date:
Print Name:
Date:
Print Name:
Date:
Print Name:
(Please Duplicate This Page For Additional Council Members)
