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Regular Board Meeting April 21, 2008


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

April 21, 2008

 

CALL TO ORDER

 

The Regular Board Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and High School District, Yellowstone County, Montana, was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, April 21, 2008, at 5:30 p.m.

 

Members present included Trustees Mary Jo Fox, Joel Guthals, Katharin Kelker, Malcolm Goodrich, Kathy Aragon, Dawn Achten, Peter Gesuale, Superintendent Jack Copps, District and Clerk Leo Hudetz. Trustees Trafford and Mossman were excused.

 

Registered guests included Vickie Eagle, Lexi Eagle, Tim Gustin, Lori Gustin, Leah Dugas, Caitlin Gauthier, Breshia Hardy, Greg Hardy, Ken King, Susan Armstron, Ray Armstrong, Sherry Robertson, Linda Horst, Judy Robinson, Brianna Robinson, Ray Koschel, Peg Jackson, Jana Toavs, Michael Smith, Linda Bertelson, Becca Bertelson, Jon Vonda, Morgan Bosch, Christina Thomas, Hartley Neuhardt, Nancy Warren, Charlie Manfredi, Jerry Hansen, and Nelson Miller.

 

APPROVAL OF AGENDA

 

Trustee Guthals made the following motion with a second by Trustee Achten:

 

Motion to approve the agenda.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, and Katharin Kelker. The motion passed unanimously. Trustee Goodrich arrived after the vote was taken.

 

RECOGNITION AND GIFTS AND DONATIONS

 

The Board recognized the BEA Teacher of the Year, Linda Bertelson, and the BEA Friend of Education, Ray Koschel. The Golden Apple recipients recognized were Susan Armstrong, Newman; Shelly Hert, Burlington; Margaret Aukshun, West High; Joe Walsh, Bench; and, Jana Toavs, Central Heights. Jeff Uhren was recognized for the NASSP State Assistant Principal of the Year.

 

Will James math winners were Lexi Eagle, Nelson Miller, Brianna Robinson, and David Lindenbaum. The West High boys basketball state champions were also recognized: Joel Reitz, Sean McGrath, Russell Schey, Ben King, Jacob Ness, Casey Robers, Stanton Duke, Mitchell Craig, Eli Swain, Jacob Hellyer, Jase Muri, Peter Stordal, Eric Halverson, and Josh Swain. West High’s managers are Morgan Bosch, Marcus Drange, Emily Harris, and Christina Thomas. Coaches Doug Robison and Scott Carlson were also present.

 

West High cheerleaders were recognized for receiving first place in the varsity non-tumbling division at nationals: Marissa Amen, Briana Beer, Lindsey Bidleman, Kellie Donahue, Tiffany Dyk, Danielle Lang, Christine Moua, Hartley Neuhardt, Amy Soape, Lauren Smith, Caitlin Vauthier, Katria Ziegler, Leah Dugas, Jessica Ettleman, Danika Gustin, Breshia Hardy, Maggie Jacobsen, Meghan Keeley, Karissa Ketterling, Kaycee McLaughlin, Wednesday Nelson, Kristi Shirts and Haley Swain. Their sponsors are Brandi Hallgren and Ryan Koba.

 

Trustee Kelker made the following motion with a second by Trustee Achten:

 

Motion that the Board accept these gifts with gratitude.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. The following are the gifts and donations:

 

Bitterroot – Target. Take Charge of Education, $208.06

Julie Majeske, $35

Broadwater --- Masonic Lodge

Cody Turnquist

Central Heights – Greenleaf’s Jewelry

Billings Bulls

Kidsville

Bert Reyes, Burlington

Bob Smith Motors

Meadow Gold

Enzo Mediterranean Bistro

McDonald’s

Wal-Mart

Costco

Red Robin

Barnes & Noble

MasterLube

SteepWorld

Ace Hardware

Texas Roadhouse

Target

Wild Birds Unlimited

Wells Fargo

Summit Credit Union

Poet Street Market

Montana Silversmiths

Blanco Blanco Cosmetology School

Gainan’s

Ed and karla Ulledalen

Rod Lorenz

EBMS

Dinners Served

Build a Bear

Ben Franklin Crafts

Conoco Phillips Refinery

Lithia Dodge

Robert Herbert

Bresnan Communications

Wendy’s

Albertson’s

Illusions Plus

K-Mart

Dairy Queen on King

Wal-Mart

Senior – OPI School Computer Program

 

COMMUNICATION FROM THE PUBLIC

 

The Board recognizes the value of public comment on educational issues and the importance of listening to members of the public in its meetings. The Board also recognizes the statutory and constitutional right of the public to participate in governmental operations. The Board encourages members of the public to participate in and express opinions about issues important to the District. This part of the Board’s meeting is dedicated to public comment on any public matter that is not on the agenda of this meeting and is within the jurisdiction of the Board of Trustees. Members of the public may also address particular items on this agenda either now or at the time the Board considers the particular item. There were no public comments.

 

MONTHLY LEGAL REPORT

 

Jeff Weldon, legal counsel, reported there was nothing to report and there were no long-term suspensions.

 

 

APPROVAL OF FINAL FORMAT OF PURCHASE AND SALE AGREEMENT FOR COTTONWOOD SITE

 

Mr. Weldon reported the access to the Cottonwood site is off of 54th Street West, not Colton. On May 12th, the City Council will meet to approve the sale agreement. The City has decided, with agreement from the District, that the best location for the school is on the northwest corner of the property. Mr. Weldon recommended the Board take action to approve the buy/sell agreement. The closing date has been extended and is agreeable to both parties.

 

Chair Goodrich reported he, as well as Dan Martin, met with the City in February to discuss the development costs which are approximately $1,200,000. The City came up with a way to pare those numbers down. Trustee Guthals asked if there would be a development agreement. Mr. Weldon replied that there would be. Trustee Guthals asked Mr. Weldon if he felt comfortable entering into an agreement that does not have an approved development plan. Mr. Weldon replied the City would present a development plan before developing would begin. Trustee Guthals asked if the buy/sell agreement could be approved subject to the development plan approval. Mr. Weldon stated that would be all right. Trustee Guthals felt the development plan should state that if someone begins development, that it would not be the District who has to pay all of the development costs. Trustee Guthals was concerned about the wording of ‘no more than ten acres’ as the District could get less than is needed. Mr. Weldon felt it could be changed.

 

Trustee Gesuale asked when the development plan would be available. Mr. Weldon stated it would be available before the closing date. Mr. Gesuale also asked about recovering development costs. Mr. Weldon reported if the land north and west of the proposed site were to be developed before the start of school construction, the District could recover some of the development costs. A statement could be included in the development agreement that, if development began on other areas by the site, the District would be reimbursed some of the costs.

 

Trustee Kelker made the following motion with a second by Trustee Fox:

 

Move that the Board approve the draft buy/sell agreement (for the purchase of the Cottonwood site from the City of Billings) as presented in the agenda packet, subject to the approval of an acceptable development plan.

 

Trustee Guthals stated the Board needs to be clear that the language includes that the Board will not close on the agreement until the development plan is approved, how much the plan is, and when it will be paid. There was Board consensus on those issues. The Board must accept the development plan before the closure of the sale. Superintendent Copps stated that other developers would share in the cost of utilities and access. Access to utilities could be closer for the District if the area north of the property were to be developed first.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously.

 

BUDGETING FOR RESULTS -- BUDGET FORECAST UPDATE

 

Trustee Kelker reported that there was no more bad news to report on the budget forecast, but with a successful voted levy, there would still have to be cuts made in the elementary and high school budgets.

 

HIGH SCHOOL TRUSTEE (NOMINATING DISTRICT B) ELECTION BY ACCLAMATION

 

Trustee Kelker made the following motion with a second by Trustee Gesuale:

 

Motion to approve the Resolution of electing Joel E. Guthals by acclamation for a three-year term to the Board of

Trustees of Billings Public Schools High School District No. 2 effective with the Reorganization of the Board of

Trustees in May, 2008.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. The resolution is as follows:

 

HIGH SCHOOL TRUSTEE (NOMINATING DISTRICT B) ELECTION BY ACCLAMATION

 

Whereas, the Board of Trustees of Billings Public Schools District No. 2, Yellowstone County, State of Montana, have received nominating petitions and write-in intent declarations equal to the number of positions to be elected for High School Trustee (Nominating District B);

 

Whereas, in accordance with 20-3-313MCA, the Board of Trustees have the authority to declare elected by acclamation such candidate;

 

Therefore be it Resolved, that Trustee candidate Joel E. Guthals is hereby duly elected by acclamation for a three-year term to the Board of Trustees of Billings Public Schools High School District No. 2 effective with the Reorganization of the Board of Trustees in May, 2008.

 

SUPERINTENDENT CONTRACT APPROVAL

 

Chair Goodrich reported he met with Superintendent Copps concerning his needs for a new contract. Mr. Copps has stated in the past he would not take a raise in salary. The Board felt, in order to stay current in the market, a pay raise of 3% was being offered in the new contract. The increase in salary would allow the District to get closer to the mark when the time comes to hire a new superintendent. Mr. Weldon reported that changes were made to the contract language to bring it up to date. Superintendent Copps reported another change was a $100 a month allowance for mileage for traveling to the schools. Over the last two years, he has kepT track of the mileage per month and it works out to be approximately $100.

 

Trustee Fox stated, since the Superintendent has never received a raise, the 3% increase works out to be 1.5% over the past two years, which is the same percentage the State has given to fund education for the next school year. She felt the District was getting a very good deal as she is very grateful for Mr. Copps’ hard work and guidance.

 

Trustee Guthals made the following motion with a second by Trustee Gesuale:

 

Motion to approve the contract as proposed.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously.

 

SUPERINTENDENT’S REPORT

 

Superintendent Copps reported that all purchase orders over $500 must be approved by him which would reduce nonessential costs.

 

APPROVAL OF 403(b) PLAN DOCUMENT

 

Trustee Kelker stated the Budgeting for Results (BFR) Committee reviewed the plan with the District Clerk, Leo Hudetz, using the language suggested by the Internal Revenue Service. Mr. Hudetz reported the District must provide a plan document before the end of the year as mandated by the IRS. The next step would be to send out Request for Proposals to approximately sixty vendors.

 

Charlie Manfredi addressed the Board speaking on behalf of his wife. He requested that the Board table its approval of this plan in order to allow language for asset transfers and the possibility to opt out. He felt there was a lack of investment options.

 

Mr. Hudetz reported every vendor is being asked to bid. The costs will be reviewed of all vendors after the RFP’s are received. The decision will be made as to what the best vehicle would be for the District’s employees. Gallagher Benefit Services will be used to aide in the decisions. The BFR Committee will review the information before submitting it to the Board for the final approval and corrections could be made at that time. Trustee Kelker stated it is very important that the District align with the IRS regulations.

 

Trustee Kelker made the following motion with a second by Trustee Gesuale:

 

Motion to approve the 403(b) Resolution and Plan Document as presented on page 44 of the packet.

 

Trustee Guthals stated that this 403(b) plan has no administrative costs to the District. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. The following is the resolution:

 

RESOLVED, that the Board does hereby adopt the Plan Document effective the earlier of the completion of the vendor selection process (as determined by the 403(b) Committee) or December 31, 2008, which will, at all times, conform to the requirements of Section 403(b) of the Internal Revenue Code and applicable regulations.

 

FURTHER RESOLVED that it is the intention of the Board that the 403(b) program will conform with all federal and state statutory and regulatory requirements applicable to 403(b) plans, except that the program set forth above shall not be subject to the requirements of Title I of ERISA because the employer is exempted from such requirements.

 

FURTHER RESOLVED that the Board authorizes the Billings Public Schools 403(b) Committee to act on the Board’s behalf with respect to this plan, and to take any and all actions necessary or desirable to implement, maintain and administer the plan set forth above in accordance with the Board’s intentions, and all applicable state and federal laws.

 

BILLS PAID -- MARCH 2008

 

Trustee Kelker reported the BFR Committee reviewed the bills paid and were recommending approval. Trustee Kelker made the following motion with a second by Trustee Achten:

 

Motion to approve the bills paid for March 2008.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. The following are the warrangs paid:

 

Claims $3,833,062.42

ACH Tax Deposits $1,646,269.42

Payroll Warrants & Direct Deposits $5,488,066.12

Procurement Card $ 287,309.11

INTERCAP Loan Network Infrastructure

Elem. Bond Pmt.

TOTAL $11,254,707.07

 

FINANCIAL REPORTS -- MARCH 2008 (UNAUDITED)

 

Trustee Kelker reported the BFR Committee reviewed the financial reports and found no irregularities or concerns. The following were the financial reports:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

PERSONNEL REPORT

 

Trustee Kelker made the following motion with a second by Trustee Fox:

 

Motion to accept the Superintendent’s employmentrecommendations including the addendum to the report.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. Trustee Guthals commended those teachers that are retiring for their years of service to the District. He asked what impact the retirements would have on the budget. Superintendent Copps replied that the retirements are being reviewed and he may reorganize administration.

 

CONSENT AGENDA

 

Trustee Kelker made the following motion with a second by Trustee Fox:

 

Motion to approve and accept the items within the Consent Agenda without objection to recommended action.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously. Items approved are as follows:

 

Regular Board Meeting Minutes, March 17, 2008

Special Board Meeting/Work Session Minutes, March 31, 2008

Audit Committee Minutes, January 29, 2008

Audit Committee Minutes, February 5, 2008

Budgeting for Results Committee Minutes, March 10, 2008

Planning and Development Committee Minutes, January 7, 2008

Planning and Development Committee Minutes, February 4, 2008

Planning and Development Committee Minutes, February 20, 2008

School Community Committee Minutes, February 11, 2008

Award Bid for Eagle Cliffs Elementary – Roof Repairs 2008

 

Trustee Gesuale made the following motion with a second by Trustee Kelker:

 

Motion to adjourn.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, and Katharin Kelker. The motion passed unanimously.

 

As there was no further business, the meeting adjourned at 6:50 p.m.

 

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

 

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