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Regular Board Meeting December 15, 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

 

December 15, 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, December 15, 2008, at 5:30 p.m.

 

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

 

Registered guests included Michael Mace, Becky Shay, Jerry Hansen, Diana Elder, Aimee Brown, Ceci Bentler, Michael Brown, Mary Jo Greenfield, Mark Restad, Jane Leuthold, Barbara Bryan, Paige Darden, Nancy Dimich, Pam Dimich, J. Howe, and Patty Fain.

 

APPROVAL OF AGENDA

 

Chair Kelker stated the Recognition and Gifts and Donations would be moved before the Communication from the Public with the exception of Mark Venner. The land purchase item would also be moved forward. Trustee Guthals made the following motion with a second by Trustee Achten:

 

Motion to approve the agenda as changed.

 

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

 

Mark Venner announced that the Billings Public Schools t-shirts are now on sale at all of the schools. The shirt sale is a fundraiser for the District which will go to various charities that deal with children. It puts the focus on a common goal and recognizes the District as a whole. The teachers who founded the fundraiser were Kerra Olson, Kevin Cicero, Tyler Profitt, and Brian DeMarco. Each Board member was given a t-shirt.

 

RECOGNITION AND GIFTS AND DONATIONS

 

Nancy Hines, Communications Director, recognized Celebrate Billings and its Education Committee as an excellent partner with the Billings Public Schools. The organization has given a generous donation for We Are Billings Public Schools.

 

Dave Cobb, West High Principal, introduced the 2008 West High State ‘AA’ Golf Champions: Marcus Drange, Jake Hedge, Brian Muller, Ryan Marcotte, Brandon McIver, and Coach Rob Bazant. Dave Cobb also introduced Kevin Luse, the coach of the West High 2008 State ‘AA’ Boys’ Soccer Champions: Chris Leslie, Reed Pueringer, Dylan Goich, Justin Enger, Alex Gallagher, Trent Czudak, Seth Neuhoff, Nick Toepfer, Jack Pueringer, Danny Robinson, Evan Nigh, Zach Moyers, Tyler Schmechel, Sam Catlin, Anthony Keene, Tanner Wolf, Henry Kornegay, Kolby McGarrah, Tyler Thayer, Ben King, Manager C. J. Stein, Manager Nick Weins and Assistant Coach Henry Kornegay. Dennis Holmes, Senior High Principal, introduced Jeff Carroll, coach of the 2008 State ‘AA’ Volleyball team: Kari Sparrow, Jessica Kennedy, Allison Kottke, Chazlyn Miller, Kylie Edinger, Emily Carroll, Mo Ritter, Katie Pellinen, Chelsey Walter, Kylie Kufeld, Dani Ostwalt, Noel Eaton, and Assistant Coach Taylor Rose. Mr. Carroll reported the team has an average GPA of 3.8 and contains three valedictorians. The Board recognized these athletes and their parents.

 

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

 

Motion for the Board to accept these gifts and donations with gratitude.

 

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

 

Beartooth – Eudora McCall in memory of Dan McCall

Exxon Mobil Corporation

Vern Mohlis, Beartooth Bank

Downtown Exchange Club of Billings

Bitterroot – Farmers Insurance Group

Broadwater – Beetle’s Auto Body

Stockton Oil Company, Michelle Stockton

Kohl’s

Billings Village Golden K Kiwanis

Burlington – Lyle Knight, First Interstate Bank

Faith Chapel, Paster Rod Todd

Eagle Cliffs – Crowley, Haughey, Hanson, Toole & Dietrich, Steve Jones

Easy Money, Bernie Harrington

McKinley – Art and Adeline Bartle

Diane Welhaven

RSVP

Randy McCorkhill, Hyalite Publishing Co.

Billings Junior Women’s Club, Janet Cole

Joyce Jensen

Astrid Wood

Joni Michels

Shiloh United Methodist Women

Ponderosa – Wal-Mart

American Title and Escrow

Al’s Body Shop

Yellowstone Naturopathic Clinic

Towe, Ball, Enright, Mackey & Sommerfeld

Universal Awards, Doug Dierenfield

Mr. and Mrs. Allan Karell

United Way of Yellowstone County

RSVP

KOA

Rose Park – First Interstate Bank

Student Services – RiverStone Health, Lindsey Krywaruchka

 

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.

 

Jeff Greenfield, BEA President, addressed the Board to urge the passage of the school calendar as recommended by the Calendar Committee. The Calendar Committee is recommending the calendar as the members felt it was best for the students.

 

Jerry Hansen stated he felt the District was over accreditation standards in 60 kindergarten, first and second grade classrooms. He believed that the hiring of five aides could bring these classrooms in line with the accreditation standards.

 

Mark Restad addressed the Board to voice his concern over the sale of Highland Elementary to Hilands Golf Course. He also was concerned due to the lack of a strategic facilities plan by the Board.

 

Michael Brown voiced his concern on the long-range facilities plan and urged the Board to improve it. He further urged the Board not to consolidate schools as it was not the best for students.

 

Nancy Dimich stated she was concerned with the idea that Highland Elementary might be sold and believed in the neighborhood school concept.

 

Amy Griffin felt the Board had made a decision in the long-term facilities plan not to sell any buildings. She urged the Board not to sell Highland Elementary.

 

COTTONWOOD PARK SCHOOL SITE PURCHASE AND SALE AGREEMENT

 

Jeff Weldon, District legal counsel, reviewed the history of the Cottonwood land purchase. There is a restriction on this land which is the property must forever be used as a park, school, or public library. The City of Billings plans to develop the park but he was not sure of the time frame. The District has the option to purchase up to ten acres with the proviso that the City would purchase the land back at the purchase price if the District does not build a school within ten years.

 

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

 

Motion to approve the modified Cottonwood Park School Site Purchase and Sale Agreement.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Katharin Kelker, and Sandra Mossman. The motion passed unanimously. Trustees Guthals and Trafford are ineligible to vote on elementary issues.

 

COMPREHENSIVE ANNUAL FINANCIAL REPORT FY2008

 

Trustee Gesuale, a member of the Audit Committee, reviewed the process used in compiling the annual financial report. Other members of the Audit Committee are Jack Eagle, Marcy Mutch, and Laura Bailey. John Jacobsen, EideBailly LLP, reviewed the annual financial report. Mr. Jacobsen reported the Comprehensive Annual Financial Report (CAFR) is not an easy report to compile. The District is a low-risk auditee and the report has a clean opinion. Other opinions outlined in the report were on internal control and compliance. Mr. Jacobsen reported there were no deficiencies found in the audit.

 

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

 

Motion to accept the Comprehensive Annual Financial Report FY2008 and approve its submittal to the State.

 

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

 

STUDY SESSION: LETTER OF INTEREST – HILAND GOLF CLUB; REPORT ON BFR DISCUSSION AND VOTE ON LEASE-TO-BUY PROPOSAL; OWNERSHIP OF RIMROCK PROPERTY; LETTER OF INTEREST – ROCKY MOUNTAIN COLLEGE; OPTIONS FOR HIGHLAND SCHOOL/RIMROCK SCHOOL; FOLLOW-UP STEPS FOR FACILITIES PLANNING

 

Chair Kelker stated this is the first time the Board has seen the letter from the Hilands Golf Club. Trustee Kelker read the letter from the golf club. Trustee Achten stated the Board has never had the discussion on selling Highland school. Trustee Fox felt the Board needed to put this information out on the website when it first reaches the District in order to inform the public what the Board needs to discuss. Trustee Guthals reported the belief by the public that the Board is selling schools or closing schools is not correct. This letter is an unsolicited offer to purchase. Trustee Guthals further stated the Board has received a proposal to lease/purchase Rimrock school which was also unsolicited by the Board. Trustee Aragon felt a meeting should not have been held by the District to discuss the purchase of Highland. Superintendent Copps assured those present that a meeting was not held to discuss the sale of Highland. He reported he met with a couple of board members from Hilands Golf Club and he suggested they speak to people in the neighborhood to gain their input.

 

Chair Kelker reported she, along with the Superintendent, met with Michael Mace, Rocky Mountain College, to discuss the lease of Rimrock School. Another meeting was held with the Budgeting for Results (BFR) Committee. The cost to replace the heating system was approximately $400,000 and Mr. Mace suggested the District lease the school to Rocky Mountain College. Trustee Trafford stated, when a request comes to the Board, it has to be taken seriously and be discussed in an open meeting. Trustee Kelker reported the Board had made no decision on this letter and that the Board needed to consider how to respond. Trustee Guthals stated Michael Mace was present at the BFR meeting to discuss the issue. The committee members did not want to proceed with the sale of Rimrock school. The proposal from Rocky Mountain College was a lease/sale proposal. BFR recommended rejecting this offer. Trustee Guthals reviewed the ownership of the Rimrock property. The only allowable use of the property was as a public school. Trustee Fox reiterated that the letter from Michael Mace needed to be placed on the District’s website. Trustee Guthals asked if there was a place on the website for facilities planning. There is currently information on the website regarding the facility plan and further information will be posted as it is developed. Trustee Kelker stated there was not an effort to put the letters regarding Highland and Rimrock Schools on the website until they came before the Board. Trustee Aragon asked if there was more than one meeting with the Hilands group. Mr. Copps reported there was not. Trustee Gesuale stated the Superintendent had given the Hilands letter to the Board as a heads-up. The Superintendent must be able to communicate with the public. Trustee Mossman agreed with Trustee Gesuale and further stated the Board needed to have a sense of balance in order to follow the process. Trustee Guthals suggested that the Board have an understanding with the Superintendent that if he receives anything of this nature again, he would take it to the Board leadership to decide how to proceed and also to put it on the website. The Chair felt the correspondence could be put on the website after a discussion with the Board leadership team.

 

Trustee Aragon stated there is a need for a long-term plan and felt professional input was needed. Trustee Kelker reported that the Board decided the cost to hire a professional firm to aide in the long-term facilities plan was too high. Deferred maintenance is at $85,000,000 at the present time.

 

It was the consensus of the Board that no decision would be made to sell Highland Elementary.

 

MONTHLY LEGAL REPORT

 

A decision for relief was received from the District Court on the Columbia Falls school funding case. No specific relief was given by the court. The entire decision stated that the State made a good faith effort but the State was not doing all it could. Superintendent Copps stated the State needs to move forward and fund special education as it should. Basic entitlements are not cost based. The basic entitlements should be the same for elementary and high schools. High schools receive $250,000 each and the elementary schools receive $22,000 each. The State was making a good faith effort until the 2009 budget as it cut back the increase for schools to 1.9% which Superintendent Copps deemed was a step backward.

 

BOND PROJECT TASK FORCE UPDATES

 

Trustee Mossman reported the McKinley Task Force had 100 people attend the last meeting. The consensus of the task force was to keep the historical value of the school and build an addition that would match the current architecture. CTA staff met with the McKinley staff to discuss options.

 

Trustee Aragon reported on the Boulder Task Force. A 400 student concept was discussed at the last meeting and four plans were presented. The question was asked as to where the students would be housed during the construction.

 

Trustee Kelker stated the Cottonwood Task Force met on December 12th and did agree on designing a school with specific priorities. One idea was to make it a community building. The next meeting will take place after the winter break.

 

SCHOOL CALENDAR (2009-10, 2010-11, 2011-12)

 

Chair Kelker stated the item would have to be removed from the table if a discussion on changes is to occur. Trustee Gesuale made the following motion with a second by Trustee Achten:

 

Motion to remove the calendar item from the table from the October 20, 2008 Board meeting.

 

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

 

Trustee Fox voiced her concern that Board members were not notified of the Calendar Committee meeting. Leo Hudetz reported he could not find a notice that the meeting was advertised. Trustee Fox stated it should go back to the committee and the meeting should be noticed.

 

Trustee Gesuale asked how the committee was formed. Human Resources helps by putting together the Calendar Committee. It was felt the teachers needed to be involved.

 

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

 

Motion to approve the calendar with changes as it is presented in the packet and adopt the other two calendars.

 

Trustee Mossman felt the calendars should go back to the Calendar Committee. She further stated that the information she requested, regarding student achievement, from Jeff Greenfield had not been received.

 

Those voting in favor were Peter Gesuale and Dawn Achten. Those opposing were Mary Jo Fox, Sandra Mossman, Katharin Kelker, Joel Guthals, Kathy Aragon, and Tim Trafford. The motion failed. The calendars were sent back to the Calendar Committee.

 

2009 LEGISLATIVE SESSION

 

Trustee Mossman reported she as well as Trustee Aragon, Trustee Guthals, and Nancy Hines met with Bob Vogel to discuss state funding. Trustee Guthals reported they were provided pertinent information on the state education committee and information on how the budget was looking and possible changes. Information was also received on how the Montana School Board Association would use the VisionNet from Helena. There was also a discussion on ways to advocate with the legislators. Superintendent Copps stated it looks like the Governor is going to reduce the budget substantially.

 

REPORT FROM THE AD HOC SUB-COMMITTEE OF THE BOARD

 

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

 

Motion to approve revisions to procedure 1130-P1 Committees General Procedures.

 

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

 

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

 

Motion to approve Procedure 1130-P2 Citizen Advisory Council.

 

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

 

POLICY 4311 PERSONNEL COMPLAINTS FROM THE PUBLIC

 

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

 

Motion to approve Policy 4311 Personnel Complaints from the Public on third reading.

 

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

 

POLICY 1700 UNIFORM COMPLAINT PROCEDURE

 

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

 

Motion to approve changes to Policy 1700 Uniform Complaint Procedure on third reading.

 

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

 

POLICY 5014 ACQUISITION OF STAFF – CERTIFIED AND CLASSIFIED

 

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

 

Motion to approve Policy 5014 Acquisition of Staff – Certified and Classified on third reading.

 

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

 

POLICY 5210 ASSIGNMENTS, REASSIGNMENTS, TRANSFERS, VACANCIES

 

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

 

Motion to approve Policy 5210 Assignments, Reassignments, Transfers, Vacancies on third reading.

 

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

 

POLICY 5501 EVALUATION

 

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

 

Motion to approve Policy 5501 on third reading.

 

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

 

BUDGETING FOR RESULTS COMMITTEE REPORT

 

Thomas Harper, Chief Financial Officer, reported the BFR members reviewed their time frame for the budget process. Administration will also be looking at priorities beginning in January. Trustee Guthals reported the committee will look at accreditation standards to determine what the mandatory educational values would be.

 

SUPERINTENDENT’S REPORT

 

Superintendent Copps reported the State requires that there are highly qualified teachers assigned to each subject area according to No Child Left Behind. He reviewed the proposed budget for 2009 and 2010. The projected budget for 2010 would have a shortfall of $987,208 in elementary and $1,327,079 in the high school budget. If a local mill levy were held and passed for the elementary district, the maximum is a 5.84% increase or $1,410,038 which is more than the deficit. A mill levy for the high school, if passed, has a maximum increase of 1.51% or $206,021 which is still less than the deficit. Superintendent Copps stated it would be a difficult decision to make in which programs are to be cut. Obama/Biden will provide $25,000,000,000 in their stimulus package but it was not known what would go to school districts. Trustee Guthals reported he has talked to Mr. Harper as to what projects should be ready to go if money is made available for building projects.

 

BILLS PAID –NOVEMBER 2008

 

The BFR Committee has reviewed the bills paid. Trustee Guthals made the following motion with a second by Trustee Gesuale:

 

Motion to approve the bills paid for November 2008.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Peter Gesuale, Kathy Aragon, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. The bills paid are as follows:

 

Claims $3,686,774.38

ACH Tax Deposits 1,686,713.28

Payroll Warrants & Direct Deposits 5,540,831.35

Procurement Card 292,441.63

INTERCAP Loan Network Infrastructure

& Vehicle purchases

TOTAL $11,206,760.64

 

FINANCIAL REPORTS – NOVEMBER 2008 (UNAUDITED)

 

The BFR Committee has reviewed the financial reports. The reports received are as follows:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

PERSONNEL REPORT

 

Superintendent Copps reported there was nothing unusual in the Personnel Report. Trustee Gesuale made the following motion with a second by Trustee Fox:

 

Motion to accept the Superintendent’s employment recommendations as presented in the Personnel Report.

 

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

 

CONSENT AGENDA

 

Trustee Guthals 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, Mary Jo Fox, Peter Gesuale, Kathy Aragon, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. Items approved are as follows:

 

Regular Board Meeting Minutes, November 17, 2008

Special Board Meeting Minutes, November 10, 2008

Audit Committee Minutes, October 2, 2008

Budgeting for Results Minutes, November 10, 2008

Learning Objectives for Marketing, Human Anatomy and Physiology, and Psychology

Approve 4311-F1 to File Personnel Complaints

Approve 403(b) Adoption Agreement

Resolution – Intent to Dispose of District Personal Property

Reopen Close Up ECA Fund Account at West High

Addition of Tournament/Playoff ECA Fund at West High

Addition of Social Committee Trust Fund Account at Arrowhead

Addition of Social Trust Fund Account at Eagle Cliffs

 

REPORTS FROM SCHOOL VISITS

 

Trustee Trafford reported on the high school trustees visitation to West High. One issue that was raised was patch jobs that occur when it is more expensive than repair jobs, such as the parking lots. Another item was on the staff’s wish list which is to continue the freshmen academy at West High as a school within a school. Staff would also like sophomores to be able to attend the Career Center in the hopes of deterring the drop-out rate. Trustee Trafford also suggested a tracking system for books using a bar code system.

 

RESOLUTION RELATING TO $773,250 LIMITED OBLIGATION SCHOOL BUILDING BONDS, SERIES 2008; CONFIRMING THE AUTHORIZATION OF THE ISSUANCE AND SALE THEREOF, PRESCRIBING THE FORM AND DETAILS THEREOF, MAKING COVENANTS WITH RESPECT THERETO, AUTHORIZING THE EXECUTION AND DELIVERY THEREOF; AND AMENDING THE RESOLUTION RELATING TO THE BONDS ADOPTED BY THE BOARD ON DECEMBER 8, 2008

 

Mr. Harper reported there were clarifications and word changes made to the resolution which was approved on December 8th. Trustee Gesuale made the following motion with a second by Trustee Aragon:

 

Motion to approve the Resolution relating to $773,250 limited obligation school building bonds, Series 2008; confirming the authorization of the issuance and sale thereof, prescribing the form and details thereof, making covenants with respect thereto, authorizing the execution and delivery thereof; as stated in the resolution contained in the packet, and such additional changes that might be made.

 

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

 

Chair Kelker reported the evaluations for Superintendent Copps are due back by December 31st.

 

As there was no further business, the meeting adjourned at 9:05 p.m.

 

 

 

Katharin Kelker, Chair

 

 

 

Diane Blevins, Recorder

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