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Regular Board Meeting February 16, 2009


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

February 16, 2009

 

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, February 16, 2009, at 5:30 p.m.

 

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

 

Registered guests included Grace Katolas, Molly Katolas, Candi Beaudry, Kristen Graves, Susan Landgren, Andrew Landgren, Janet Baum, Deana Elder, Carolyn Osik, Karen Marcotte, Joe Marcotte, Weldon Birdwell, Sandra Abraham, John Halstvedt, Mary Halstvedt, Scott Halstvedt, Kevin Odenthal, Becky Shay, and Ann Miller.

 

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.

 

APPROVAL OF AGENDA

 

Chair Kelker announced a Trustee has requested the item on Skyview ECA accounts be pulled from the consent agenda. Trustee Guthals made the following motion with a second by Trustee Achten:

 

Motion to approve agenda as amended.

 

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

 

RECOGNITION AND GIFTS AND DONATIONS

 

The Board recognized the following 2009 Candidates for U. S. Presidential Scholars Program: Gari Landgren, Skyview; Molly Katolas, Kylie Kufeld, Senior; Kyle Halsvedt, Scott Halstvedt, and Callie Marcotte from West. The Board also congratulated Kathy Olson as the recipient of the 2009 Adrian Langstaff Awared.

 

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

 

Motion to accept the gifts with gratitude.

 

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

 

Bitterroot -- Farmers Insurance, book

Wal-Mart, $250 for volunteer hours by Nancy Russell

United Way of Yellowstone County, book for each kindergartener

Burlington -- Sherri Ridley, $50 through Wells Fargo Community Support/United Way

Tana Petterson, $30 towards new computer lab

Eagle Cliffs -- Eastern Montana Tele-Medicine, document camera

Highland -- First Interstate Bank Foundation, $50

McKinley -- Rimrock Foundation, school supplies

North Park Task Force, $300 for coats, hats, and gloves

Miles Avenue -- Faith Chapel, clothing and toys

Sunset Bowl, sponsoring newspapers

Connie Kvilhaug, sponsoring newspapers

Northern Rockies Surgery Center, sponsoring newspapers

PEO Chapter Y, $54 and hats and mittens

Ponderosa -- Junior League of Billings, spirit magnets and pins

Rose Park – Cindy Hanchett, books for the library

Washington -- Mrs. Pat Karell, coats

 

STUDY SESSION ON FACILITY ISSUES

 

Paige Darden addressed the Board on the facilities plan. She felt, based on current enrollments, the west end was not the only area with increased enrollments but the Heights also. Ms. Darden urged the Board to look at density to decide where a school should be built.

 

Kevin Odenthal, Chair of the McKinley Task Force, brought the Board up to date on the McKinley project. There have been public meetings that have given the task force direction on how to proceed. Public comment was strong on not removing the original building but renovating it. A school for 450 students is not possible on the size of land available, but a 400 student school is possible. It is less expensive to build up than to spread out.

 

Keith Rupert and Karen Kelly, Mike Tuss, and Leslie Gilmore from CTA Architects were available to provide information on the project. Discussions have been held with the task force, the public, administration, and the historical society. The plan is to keep the original building that was built in 1906 and the annex would be torn down for the new portion. Feedback from staff called for no additional parking. The proposed enhancement includes replacement of all windows, new insulation, new HVAC system, new lighting with daylight sensors, and a ground loop heating system. The original building is well insulated but there is some air leakage which would be addressed. Mr. Rupert reviewed the proposed design plan.

 

Mike Tuss reported the gym/cafeteria area could be built while the annex is still being used, then torn down for the new addition. Guidelines from the historical society are being followed to preserve the original building. Trustee Guthals requested an estimate of the operating costs of the new school. Mr. Rupert felt the costs would be comparable to all new buildings. Proposed energy savings will also be included in the plan. The proposed cost for the renovation is approximately $12,000,000 and the proposed cost for the new building is $11,600,000.

 

UPDATE ON NEW SUBDIVISIONS AND CITY PLANNING

 

Candi Beaudry, City Planning, reported Kathy Olson has been invited to attend the City planning meetings. Ms. Beaudry reviewed the growth trends and how they relate to schools. Billings has increased by 10,500 people in the last seven years which equates to a 1.7% increase. However, subdivision activity has decreased 40% in the last year due to the economy. Trustee Fox requested a study of the Heights area applying the 2.3 persons per household criteria to determine future populations.

 

Trustee Aragon made the following motion:

 

Motion to put all of the School/Community and Planning and Development information together for discussion.

 

Chair Kelker stated that motion was out of order as there are no committee chairs at this time. It will be discussed at the Board retreat on February 19th.

 

SUPERINTENDENT’S CONTRACT

 

Chair Kelker reported Superintendent Copps is in Helena to lobby on behalf of the District on the basic entitlement bill. Trustee Guthals stated he and the Chair met with the Superintendent as directed by the Board. Superintendent Copps has agreed to a one-year contract with a 2% increase. The Superintendent was asked if there was anything he wanted changed in the proposed contract and he requested a change pertaining to the disability clause. Language was revised on pages 19 and 20 of the proposed contract. Jeff Weldon, District legal counsel, has reviewed the contract.

 

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

 

Motion to approve the Superintendent’s contract as presented with the changes on pages 19 and 20 of the Board packet.

 

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

 

BUDGETING FOR RESULTS COMMITTEE REPORT

 

Trustee Goodrich reviewed the revised budget for those present. At the high school level, the BFR Committee will have discussions with staff to determine where to make cuts. Trustee Goodrich reported that members of the BFR Committee are hoping to have the analysis complete soon to determine the cuts to programs that are least advantageous. The committee will be issuing questions that have not been discussed up to this point.

 

Trustee Fox stated she would like to see a discussion on Adult Basic Education and the competency tests be placed on a future agenda.

 

DECISIONS ON SCHOOL ELECTIONS BY MAIL BALLOT

 

The Chair reported there are many difficult decisions to make. Scott Anderson reported on President Obama’s stimulus plan. There is a substantial amount of money coming to Montana for title programs and IDEA (Special Education). There is $44,000,000 for title programs and $36,000,000 for IDEA. Mr. Anderson believed it was possible to receive $1,000,000-$1,300,000 in K-8 title programs with the high schools receiving a possible $600,000 for one year. There is a possibility of receiving another $629,000 for the second year. Those numbers have some strings attached but there might be some flexibility in spending it in a two-year period. If that were the case, the money would help our programs. The federal stimulus plan’s stabilization funds for Montana make sure that the state would be able to function at the 2008 level. The portion for Billings could be used for deferred maintenance.

 

Chair Kelker stated, if the District were to ask for a mill levy from our voters, it could later find out that money might be available. One possibility is that the Board could table the decision on a mill levy until more information is available. The Board has until March 26th to decide on a mill levy. Trustee Kelker further stated this money could be used to assist the general fund budget. Trustee Guthals asked when the deadline was to declare run a mill levy. Mr. Hudetz replied it was by August 1 and the resolution would have to be made forty days prior to that date.

 

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

 

Motion to table Agenda Items I-3 and I-4 until a future meeting at which time it would give us a chance to

discuss the possibility of mill levies.

 

It was reported the Yes For Kids Committee has asked the Board to hold off on calling for a mill levy. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

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

 

Motion to call for a resolution calling for a high school/elementary Trustee mail ballot election by single member

district on May 5, 2009.

 

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

 

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

 

Motion to call for a resolution calling for a high school Trustee mail ballot election for Nominating District A –

Lockwood on May 5, 2009.

 

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

 

SCHOOL CALENDAR

 

Trustee Achten reported that she, as well as Trustees Fox and Mossman, attended the recent Calendar Committee meeting. She stated that most responses from the survey sent out came back stating no spring break was desired. Trustee Achten believed the people who made this calendar did it for educational purposes. Trustee Fox made the following motion with a second by Trustee Trafford:

 

Motion to approve the proposed calendar- Draft B on page 131 of the Board packet.

 

Trustee Fox outlined the changes from the current approved calendar. Trustee Mossman stated it is not viable to have a vacation before testing. She suggested moving the vacation days proposed in the current approved calendar to the week prior to Easter. Another day could be taken prior to the Christmas break. Trustee Gesuale stated the calendar committee makes the decisions and the Board oversimplifies it. Trustee Achten stated the Calendar Committee made this calendar coordinating all of the days that are necessary for school. She believed the Board is here to educate the children and that the committee has given us a proposal that is educationally sound.

 

Trustee Fox read MCA 20-1-302 which calls for the Board to set the number of days in a school term, the length of the school day, and the number of school days in a school week. When the Board proposes adopting changes it must negotiate those changes with the recognized collective bargaining units representing the employees. The law also calls for soliciting input from the employees and community on the proposed changes.

 

Trustee Goodrich called for a point of order regarding the law, asking if the Board has met the legal requirements regarding soliciting input and negotiating with bargaining units. Trustee Gesuale felt the Board had complied and is bound to confer with the bargaining units. He further stated administrators were involved along with parents in developing the proposed calendar and he did not believe the proposed calendar setting process had been undermined. Trustee Guthals stated his opinion was that the legal requirements had not been met. Trustee Achten asked how much it would cost for a survey. Trustee Guthals suggested a ¼ page ad be placed in the newspaper requesting input on the calendar.

 

Those voting in favor of Draft B were Peter Gesuale, Tim Trafford and Dawn Achten. Those opposing were Mary Jo Fox, Malcolm Goodrich, Sandra Mossman, Katharin Kelker, Joel Guthals and Kathy Aragon. The motion failed.

 

Trustee Fox requested a motion with suggested changes to the calendar. The Chair asked if there were any members that wanted to suggest changes. Trustee Goodrich asked if the Board could request people to respond to whether or not they want a spring break. Trustee Fox suggested additional days off on March 29 and 30 of the proposed Draft B calendar to make the spring break five days long. She further recommended that November 25th and December 23rd also be holidays with the school year ending on June 4th which would be the same as the current approved calendar. Trustee Mossman agreed with those recommendations. Trustee Goodrich stated, according to state law, the Board must negotiate with the collective bargaining units when suggesting a change to the calendar. The only thing the Board can do now is recommend an amended calendar but it could not be approved until after negotiations. Trustee Gesuale asked what the cost would be to have another week of school. Trustee Fox stated the school year is still the same length of time but would include a spring break.

 

Chair Kelker reported that on the table for consideration by the Board is the original approved calendar and the adjusted calendar which features a break at the end of March and including November 25 and December 23. Trustee Guthals made the following motion with a second by Trustee Fox:

 

Motion to make the adjustments to the proposed calendar as proposed by Trustee Fox.

 

Trustee Trafford felt if changes are made to the calendar the Board must jump through more hoops. He asked if a ¼ page ad was necessary or could a meeting be called to discuss the calendar and ask for community input. Trustee Goodrich suggested the calendar be sent back to the Calendar Committee with the recommended changes. He further stated this new proposed calendar had not been noticed. Those voting in favor of the motion were Mary Jo Fox, Malcolm Goodrich, Joel Guthals, Sandra Mossman, Katharin Kelker, and Kathy Aragon. Those opposed were Peter Gesuale, Dawn Achten, and Tim Trafford. The motion passed.

 

The Board Chair reiterated that this Board has voted to adopt the changes to the calendar, in the above motion, and that the changes are subject to the requirement of state law which include negotiations with the bargaining units, soliciting input from the residents of the District, and also from employees not represented by a bargaining unit. Trustee Achten stated the Board has now prolonged the decision when parents are waiting to find out. She did not feel the public would be happy.

 

2009 LEGISLATIVE SESSION – BPS BILLS

 

Dan Martin, Human Resources Director, reported there were two bills on Wednesday pertaining to any member of the Board may be the Chair, and a bill addressing cash reappropriation. On Thursday, there is a bill calling for drug testing of employees. On Friday, there is a bill that would allow clinics in our schools. Trustee Gesuale stated he agreed with the first two but wanted more information on the third bill. It was the consensus of the Board to support the first, second and fourth bills but wanted more information on the third bill regarding drug testing of employees.

 

POLICY 1441 AUDIENCE PARTICIPATION

 

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

 

Motion to refer Policy 1441 back to the Policy Review Committee.

 

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

 

POLICY 1130 COMMITTEES

 

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

 

Motion to approve Policy 1130 Committees on second reading.

 

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

 

SUPERINTENDENT’S REPORT

 

Mr. Anderson previously reviewed the stimulus package earlier in the meeting.

 

MONTHLY LEGAL REPORT

 

The Chair reported the only case is the state school funding lawsuit. Trustee Goodrich made the following motion with a second by Trustee Fox:

 

Motion to accept the long term suspensions as recommended.

 

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

 

BILLS PAID – JANUARY 2009

 

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

 

Motion to approve the bills paid for January 2009.

 

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

 

Claims $3,152,797.06

ACH Tax Deposits 1,695,687.46

Payroll Warrants & Direct Deposits 5,632,577.28

Procurement Card 364,412.70

INTERCAP Loan Network Infrastructure & Vehicle purchases

TOTAL $10,845,474.50

 

FINANCIAL REPORTS – JANUARY 2009 (Unaudited)

 

The financial reports have been reviewed by the BFR Committee. The following are 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

 

There is nothing unusual or extraordinary in the Personnel Report. Trustee Goodrich 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, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, 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 the items contained within the Consent Agenda without objection to recommended action with

the exception of R-3.

 

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

 

Regular Board Meeting Minutes, January 19, 2009

Budgeting for Results Minutes, January 12, 2009

Budgeting for Results Minutes, January 26, 2009

Addition of PTO Trust Fund Account at Bench

Addition of Care Trust Fund Account at Bench

Addition of West High Alumni Scholarship Trust Fund Account

Agreement with Wells Fargo Bank to Allow Wire Transfers

Beartooth – Rooftop HVAC Replacement 2009

Ponderosa – Boiler Replacement 2009

Procedure 2161-P1 Special Education Procedure

 

Trustee Trafford asked if the ECA (Extra-Curricular Activities) accounts being requested by Skyview exist at other high schools. Mr. Harper explained they do and that these accounts allow for better accounting for each activity and are recommended by the auditors. These accounts are not checking accounts, which are not allowed, but are separate accounts for each activity in the general ledger.

 

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

 

Motion to approve the addition of ECA Fund Accounts at Skyview.

 

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

 

As there was no further business, the meeting adjourned at 9:35 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

 

Diane Blevins, Recorder

 

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