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Regular Board Meeting, December 21, 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

 

December 21, 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, December 21, 2009, at 5:30 p.m.

 

Members present included Trustees Joel Guthals, Malcolm Goodrich, Kathy Aragon, Mary Jo Fox, Kathy Aragon, Barbara Bryan, Joyce Weber, Peter Gesuale, Superintendent Jack Copps, and District Clerk Leo Hudetz. Trustee Dawn Achten was excused.

 

Registered guests included John Jacobsen, Barb Aasen, Edie Hanson, Joe Burst, Adeline Schmidt, and Mike Paterson.

 

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

 

The Chair reported there was an addition for minutes on the Consent Agenda. Trustee Fox made the following motion with a second by Trustee Weber:

 

Motion to approve the agenda as amended.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

RECOGNITION AND GIFTS AND DONATIONS

 

Joe Burst, Billings Village Golden K Kiwanis, reported his organization has worked with students to bring up their grades, sponsors the West High Key club, and supports Riverside Middle School programs. Mr. Burst presented a check for $4,500 for Newman, Big Sky, Central Heights, Orchard, Washington, Burlington, Broadwater, Riverside and Lewis & Clark. The principals will be able to use the funds as they see fit. Chair Goodrich thanked the Billings Village Golden K Kiwanis for their generosity.

 

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

 

Motion to accept the gifts and donations with gratitude.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously. The following are the gifts and donations:

 

Arrowhead -- Mr. and Mrs. Holmes, $135

Julie Harman, $30

Sylvan Dell Publishing, one year site license for e-Books

Bitterroot -- Farmers Insurance, book of the month

Wal-Mart, paper notebooks

Broadwater -- Billings Village Golden K Kiwanis Club, $500

Lloyd and Joanie Swords, electric piano

Sjur and Beverly Gjerde, organ for music room

Burlington -- Billings Village Golden K Kiwanis, $500

Eagle Cliffs -- Mr. and Mrs. Cameron, books for library

Farmers Insurance Group, book each month for library

McKinley -- Todd Graves, backpack

Al to M & W Farm Consultants, money for family’s Christmas dinner

Shiloh United Methodist Women, coats, clothing and mittens

Newman -- Joanne Bodner, clothing

Alyssa Warren, clothing

CTA Group, $300, processed antelope for family in need

Billings Lions Club, clothing and gloves

Andreanna Brown, school supplies

Remax Experts, coats

Ponderosa -- RVSP, hats and mittens

Mr. and Mrs. Allan Karrell, $200 for families for Christmas, shirts

Sandstone -- ExxonMobil, $630 for recycling program

Washington -- First Student Drivers and Assistants, coats, hats and gloves

Anne DeBoo, Western Security Bank, Christmas gifts for 20 children

West Park Village, Senior Living Community, $250

Dr. and Mrs. Chessen, $50

Billings Village Golden K Kiwanis Club, $500

Billings Rotary Club, dictionaries for third graders

Paul Belanger, Montana Audubon, sponsorship of field trip

EBMS Client Services Department, school supplies and money

Story Distributing Co., Stockton Oil co. $750 ExxonMobil Educational Alliance Grant

Mr. and Mrs. Ed Ulledalen, $250

Frank Costello, Farmers Insurance Group, $100

Chris Voigt, Crowley Law Firm, file cabinets, paper and manila envelopes

Pepsi-Cola bottling Co., $360 for recycling programs

YCCOA, Retired Senior Volunteer Persons, hats, mittens and scarves

Lewis & Clark -- Billings Village Golden K Kiwanis Club, $500

Will James -- Karen and Valentina Miller, potter’s wheel

Jennifer and James Conwell, $20 to math club

Tom and Kim Hauptman, $237 in consumable items for soldiers’ fund

Mr. and Mrs. Allan Karell, $100 to solders’ fund

Print Shop -- Moore Candy Company, plate maker, printing press, plates and supplies

 

MONTHLY LEGAL REPORT

 

Jeff Weldon, legal counsel for the district, gave a summary on pending litigation. Discovery is pending on the Monson case with the trial date set for September 14, 2010. No discovery has occurred on the Reinhardt case and no trial date has been set. The District has moved to dismiss the Ledford suit against the District and that motion is pending. In the matter of Dustin Ferguson, the District has not been properly served as of this date.

 

COMPREHENSIVE ANNUAL FINANCIALL REPORT FY2009

 

Marcy Mutch, Chair of the Audit Committee, explained the role of Audit Committee. The committee hired the auditor and reviewed the financial statements. There are three community members and three Board members who serve on the committee. Trustees Gesuale, Weber and Goodrich are those Board members. The audit reports showed a clean opinion audit. The audit report also shows a deficit of $12,700,000 in unrestricted funds. There were no budget amendments in this past year which was very good. The District has been named a low-risk auditee which is also very good.

 

The audit report shows there were three out of forty expenditures for Title I that did not have proper approval. The three expenditures made by using a procurement card and charged to federal grants without proper approval by the appropriate staff. The District will develop and implement a more rigorous process for follow-up on the use of procurement cards and personnel approval for those purchases.

 

Trustee Gesuale stated there were some directions for the board in the management letter. He requested a Board discussion regarding the management letter recommendations at a future meeting. Trustee Aragon said she liked the report and thanked Thomas Harper and his staff. The Board members reiterated those compliments. Trustee Gesuale further thanked the Audit Committee for all of their work.

 

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

 

Motion to accept the Comprehensive Annual Financial Report FY2009 and approve submittal to the State.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

UPDATE FROM AD HOC COMMITTEE ON STRATEGIC PLANNING

 

Trustee Bryan reviewed the Ad Hoc Committee’s report as included in the agenda. The charges for the Strategic Planning Steering Committee include demographic information, student performance data, financial aspects, and facilities/technology. Chair Goodrich asked to include the ‘entire Board’ wherever the report says ‘steering committee’. Trustee Bryan reported the committee’s materials have been sent to the Montana School Board Association (MTSBA) for their input. The dates of meetings might be changed as a result of the MTSBA’s review.

 

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

 

Motion that the Board approve the draft materials provided by the Ad Hoc Committee with the understanding that

the Board would proceed in accordance with the MTSBA direction through the process.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

UPDATE ON PRELIMINARY EXAMINATION OF THE 2010-2011 BUDGET

 

Thomas Harper, Chief Financial Officer, reported there was nothing new to report at this time. A discussion on a mill levy will be held in the middle of February. Chair Goodrich reported the Board will adopt the budget in August and June 1, 2010 is the last date to give notice to the non-tenured teachers and tenured staff for layoffs, otherwise they would a receive a contract for the next year. It would be possible to pink slip the entire non-tenured staff but that would be playing with the lives of those employees. The mill levy ballots are mail-in ballots and are sent out two weeks prior to the May 4th date. The Chair reported he wanted to advance the discussions at the committee level so that the Board can make a decision in time for the election.

 

BUDGETING FOR RESULTS COMMITTEE REPORT/TENTATIVE LEVY TIMELINE

 

Trustee Guthals reviewed the projections for the 2010-2011 budgets. The deficit in the elementary budget is $1,958,640 and $766,816 in the high school budget. If Federal one-time only and other funds were to be used, the elementary budget would have a surplus of $117,943. Trustee Guthals stated the budgets can not be approved with a deficit. The Board must decide how to close the gap. The Budgeting for Results (BFR) Committee and Board members received a presentation in a joint meeting last Monday from the Superintendent as well as the administrative staff. The charge to administration was to look at expenditures and to explain the educational impact of recommended changes. The BFR committee took a vote on each item as to which to recommend to the Board. There are some changes to be addressed in a meeting in January. Items discussed included the technology department, the ink tone program, a possible change to the technology platform (Mac versus PCs), and establishing a new email system through Google. Trustee Guthals reported there was consensus on the BFR Committee to pursue those changes. BFR also looked at the business department with possible changes in the warehouse, facilities and service/equipment at the Print Shop. The BFR Committee looked at the Facilities Department and the possibility of changing housekeeping services for school buildings for an approximate reduction of $284,000. Elimination of staff for special education includes central nursing duties for a saving of 3.0 FTE.

 

Trustee Guthals stated the committee is looked at converting the middle schools to junior high schools but did not feel that recommendation should be made. The committee looked at eliminating nine full-time positions and the Teacher on Special Assignments for a savings of $502,000. The committee did not look at the middle school activities budget totaling of $282,000.

 

Trustee Guthals reported the committee also looked at converting to sister schools in the elementary schools to maximize staff and save 18 FTE for a total of $810,000. Establishing cluster schools was also a discussion topic which would save $900,000 and 20 FTE teachers. There has been no consensus by the committee but they will meet again to hear a report from administration. The committee also looked at the elimination of paraprofessionals for a savings of $188,000.

 

Trustee Guthals reported community input is being sought and invited the public to attend the next BFR meeting. Chair Goodrich stated the District could receive a maximum increase of $1,800,000 if a mill levy is passed. The possible deficit is $2,400,000 for 2010-2011. He felt the Board could not look at any pay raises for the next year. Trustee Aragon felt the Planning and Development Committee should also be included in budget discussions.

 

Trustee Stroebe asked if there was any educational impact if we established cluster schools. She further stated bussing is a permissive levy but a mill levy election is required for the general fund. Trustee Gesuale voiced his concerns that junior high schools would mean a 6-period day instead of 7-period days and cuts in the elementary schools would take class sizes over accreditation standards. Chair Goodrich asked those present to get their recommendations for cuts to Thomas Harper in order to get them vetted.

 

BUILDING LEASE EARLY CHILDHOOD INTERVENTI ON

 

David Munson, Executive Director for Pupil Services, reported the Early Childhood Intervention (ECI) is a program for families with children with disabilities. ECI is looking at a building to lease at 2016 Grand Avenue. There would be no cost to the school district and no cost to the general fund. The State of Montana will take care of the lease cost, insurance, utilities and taxes. Mr. Munson stated ECI was requesting a three-year lease to provide a better situation for staff members. Currently, ECI is housed in temporary quarters at Lewis & Clark Middle School. A concern was raised as to the Board’s duty if the State no longer funds the program. Superintendent Copps reported language could be included in the lease if that situation were to arise.

 

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

 

Motion to authorize administration to finalize and enter into a lease agreement with Rocky Mountain Inc. for ECI offices.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, and Teresa Stroebe. The motion passed unanimously. Trustees Guthals and Stroebe are ineligible to vote on elementary issues.

 

PLANNING AND DEVELOPMENT COMMITTEE REPORT

 

Trustee Aragon reported the Planning and Development (P&D) Committee has been discussing demographic data with more discussions to take place in January.

 

UPDATE FROM AD HOC SUBCOMMITTEE FOR SUPERINTENDENT SEARCH

 

Jeff Greenfield, BEA President, addressed the Board to request the inclusion of staff organizations on the committee for the Superintendent search. He also wanted to know how the applicants would work with staff and if they have experience and thoughts on collective bargaining. Mr. Greenfield also informed the Board that pink slips should be given to staff as early as possible in order to allow them the opportunity to apply elsewhere. He urged the Board to make decisions and move forward as quickly as possible. Mr. Greenfield urged the Board to run a mill levy.

 

Chairman Goodrich reported three levies were discussed in October and a vote was taken on the intent to run the levies. Trustee Guthals reported the subcommittee of the Board will meet following this meeting to finalize the announcement, forms and the questions for the Superintendent search. MTSBA and Dan Martin, Executive Director of Human Resources, will then take action.

 

SUPERINTENDENT EVALUATION

 

The Chair felt it was superfluous to have a Superintendent’s evaluation this year. Trustee Fox believed the Board would want it was a good tool but was not necessary. A lengthy discussion was held regarding the merits of an evaluation for the outgoing Superintendent.

 

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

 

Motion to forego conducting a superintendent evaluation for the 2009-2010 school year.

 

Trustee Gesuale stated he agreed with Trustee Fox but felt the Board had a lot on its plate at this time. Trustee Guthals also agreed with Trustees Gesuale, Fox and Stroebe but felt there was not enough time to do service to the public too. Trustee Bryan voiced her concern that the Board is conducting a Superintendent search, dealing with strategic planning, and a budget, all of which are very time consuming.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. Mary Jo Fox opposed the motion. The motion passed.

 

SUPERINTENDENT’S REPORT

 

Superintendent Copps reported the budget shortfalls have allowed the staff to make easy cuts now but there are no more easy cuts to be made for the 2010-2011 budget. It is important to keep in mind that there are variables to be considered, such as a revenue change if enrollments for the February counts are greater than October’s counts. It could mean an increase of $900,000 if the counts are larger. Mr. Copps stated that health insurance is anyone’s guess right now but an anticipated 12% increase might occur.

 

POLICY 1441 AUDIENCE PARTICIPATION -- 1ST READING

 

Chairman Goodrich reported the Policy Review Committee is requesting a change to Policy 1441. In the past, people who address the Board did not receive any feedback from the Board. The committee is recommending language to allow the Board to address the communicator during the public comments segment of the meeting.

 

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

 

Motion to approve Policy 1441 on first reading.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

BILLS PAID -- NOVEMBER 2009

 

The BFR Committee has reviewed the bills for November 2009. Trustee Guthals made the following motion with a second by Trustee Fox:

 

Motion to approve the bills paid for November 2009 in the amount of $11,993,761.59

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously. The bills paid are as follows:

 

Claims $3,070,140.14

ACH Tax Deposits 1,700,951.34

Payroll Warrants & Direct Deposits 6,102,932.13

Procurement Card 308,261.19

EBMS ACH Payments 811,476.79

INTERCAP Loan Network Infrastructure

& Vehicle Purchases

TOTAL $11,993,761.59

 

FINANCIAL REPORTS -- NOVEMBER 2009 (UNAUDITED)

 

The following reports were received:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

 

 

PERSONNEL REPORT

 

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

 

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

 

Trustee Gesuale asked why middle school stipends are still occurring on the Personnel Report even though the Board decided not to have activities if private funding could not be found. Superintendent Copps reported that funds have been received to pay for stipends and recommendations for hires are going forward for now. Trustee Fox said she did not feel it was constructive to criticize the Superintendent’s actions in regards to middle school activities. Trustee Guthals reported the decision not to use general fund dollars was made by the Board in a previous meeting. Staff has found a way to continue funding for middle school activities by utilizing activities reserves and it is consistent with the Board’s direction.

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously.

 

CONSENT AGENDA

 

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

 

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

 

Those voting in favor were Kathy Aragon, Barbara Bryan, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Teresa Stroebe, and Joyce Weber. The motion passed unanimously. Items included in the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, November 16, 2009

Special Board Meeting Minutes, November 19, 2009

Special Board Meeting Minutes, December 2, 2009

Budgeting for Results Committee Minutes, November 9, 2009

Audit Committee Minutes, October 15, 2009

Audit Committee Minutes, November 23, 2009

Policy Review Committee Minutes, March 13, 2009

Procedure 4310-P1 and Form 4310-F1 Public Suggestions

Addition of Life Skills Cooking ECA Fund Account at Washington

Addition of Library Trust Fund Account at Orchard

 

As there was no further business, the meeting adjourned at 7:25 p.m.

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

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