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Regular Meeting 12/20/04


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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 20, 2004

 

Call to Order

 

The Regular 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 20, 2004, at 5:30 p.m.

 

Chair Katharin Kelker presided and led those present in the Pledge of Allegiance.

 

Roll Call

 

Members present included Gene Jarussi, Katharin Kelker, Judith Herzog, Clerk Leo Hudetz, Superintendent Rod Svee, Conrad Stroebe, Mike Dimich, Malcolm Goodrich, Dale Getz, and Karen Moses. Stephanie Krueger was excused.

 

Registered guests included Cal Spangler, Robert Bentz, Janet Baum, Kathy Boehler, David Munson, Carol Forney, Jim Tarr, Jim Bauer, Jane McCracken, and John Jacobsen.

 

Recognition and Gifts and Donations

 

Cal Spangler presented the Board with a plaque on behalf of Youth Families Early Head Start on its twentieth anniversary. The Board recognized Senior High’s boys’ soccer team, winners of the State ‘AA’ championship. Coaches were Don Pertuit and Dan Bergstrom. Members of the team present were Andrew Kreiter, Jeff Bartsch, Kevin Erickson, Lee Martin, Ryan Holm, Derek Luptak, Marco Rosales, and Brian Luptak. The Board also recognized West High’s volleyball team as State ‘AA’ champions. Coaches present included Beth Tocci and Krista Herbel. Members of the team present were Katie Mitchell, Anna Gatzemeier, Taylor Faught, Caitlin Tocci, Sara Bents, Tessa Cunneen, Erica Stokke and the manager, Kendra Casey.

 

The following is a list of gifts and donations that have been presented to the School District in accordance with Board policy. Such items have been incorporated into the District’s inventory and an acknowledgment of the contribution has been made to the donor.

 

Bitterroot – Coca-Cola Bottling Company, money

Wal-Mart, money

Broadwater – Billings Village Golden K Kiwanis, money

Burlington – McDonald’s Corporation, free food items

Golden Corral, free meal coupons

Albertson’s, dry ice and straw bales

County Market, case of apples

Wendy’s Corporation, coupons

Old Country Buffet, free meal coupons

Papa John’s Pizza, 20 pizzas

Mike Dimich, Pepsi-Cola Bottling Company, Pepsi products

Billings Village Golden K Kiwanis, money

Meadowlark, Poly Drive, Eagle Cliffs, McKinley – First Interstate BancSystem Foundation, typewriters

Jim Merchant, volunteer hours

First Interstate BancSystem Foundation, money for Merchant volunteer hours

Miles Avenue – Sgt. Blue Manzanares, 10 computers

Neil and Annette Larson, computer with printer

Rebecca Ray, toys for drawing and raffle prizes

PEO Chapter Y, Hats, gloves and money

Orchard – PEO Chapter Y, box of hats and mittens and money

Rose Park – Scott Buswell, OPI, computer equipment

Sandstone – PTA, benches, computer on wheels including scanner, projector, camcorder

Washington – Dr. Abdulmajeed Kadri, money

Will James – Scott Buswell, OPI, computer equipment

Technology Delpartment – Tim Delaney, USDA Risk Management Agency, computer equipment

Rosemary Steeland, scanner and printer

 

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 moved the Bond Issue Projects and the Audit Report forward in the agenda, as well as the Budget Report. Trustee Dimich made the following motion with a second by Trustee Stroebe:

 

Motion to approve the agenda as amended.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses and Conrad Stroebe. The motion passed unanimously.

 

 

Elementary Bond Projects

 

Jim Bauer reviewed the projects for Orchard, Ponderosa, Meadowlark, Boulder and Rose Park. He reported he has met with the parties at each facility and revisions have been made to stay within the budget and the timeline. There have been increases in the cost of materials. Glass has increased by 10%, steel 50-90%, concrete approximately 15%, plywood sheathing approximately 60%, lumber approximately 30%, drywall approximately 20%, and freight and shipping 15-25%. An advertisement for bid for Orchard would go out the first week in January with the bid opening on January 21st. Meadowlark would be February 4th, Ponderosa February 11th, Boulder February 18th and Rose Park’s ramp would be on February 18th. Mr. Bauer reviewed the various projects as per the materials contained in the agenda packet. Trustee Dimich asked Mr. Bauer to keep the Board apprised of any increased costs as the bids are opened. The Superintendent commended Jim Bauer and his staff for their work.

 

Annual Financial Report FY2004 (Audit)

 

Jane McCracken, Chairperson of the Audit Committee, reported the process for the audit went very well this year. The report has been reviewed by the Audit Committee and the Business Committee. Field work was completed on October 5th. There were two unqualified opinions, which will result in positive audit techniques next year. There were several management comments but none were severe. There was one finding in the federal internal compliance audit that was reportable but not material. Ms. McCracken recommended the RFP process begin before March. She asked the Board to review the stop loss insurance for aggregate medical claims to assure the Board wants no coverage. Ms. McCracken also asked the Board to begin the process to appoint two new members to the Audit Committee.

 

John Jacobsen and Barb Aasen were present from Eide Bailey. The District received an unqualified opinion on the basic financial statements. There were no findings on government auditing standards and Montana legal compliance. There was one finding in federal reporting but it was not a significant one. The District received an unqualified report on the federal reporting. The District was determined to be a high-risk auditee because of the lack of two consecutive years of unqualified opinions. The District would be eligible next year to be considered a low risk auditee. Staff was commended for their work and the system used.

 

Bills Paid – November 2004

 

Trustee Stroebe made the following motion with a second by Trustee Dimich:

 

Motion to approve the bills paid for the month of November 2004.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses and Conrad Stroebe. The motion passed unanimously. Bills paid for November are as follows:

 

Fund Description Fund Total

101 Elem. General Fund $ 470,226.12

110 Elem. Transportation 10,397.19

115 Elem. Misc. Programs 118,438.34

117 Elem. Adult Education 1,067.88

128 Elem. Technology 33,473.00

129 Elem. School Flexibility Fund 2,303.51

160 Elem. Building 129,028.56

161 Elem. Building Reserve 31,409.80

184 Elem. Student ECA 80,812.05

185 Elem. Misc. Trust 10,751.56

201 H. S. General Fund 331,649.27

210 H. S. Transportation 1,750.00

212 H. S. Food Services 906,016.21

215 H. S. Misc. Program 51,839.79

217 H. S. Adult Education 52,985.50

218 H. S. Traffic Education 11,989.76

228 H. S. Technology 7,189.05

229 H. S. School Flexibility Fund 9,547.55

260 H. S. Building 7,663.84

261 H. S. Building Reserve 118,661.57

278 H. S. Self Insurance-Health 722,463.20

279 H. S. Self Insurance-Liability 6,608.83

282 H. S. Interlocal Agreement 70,935.93

284 H. S. Extracurricular 185,337.13

285 H. S. Misc. Trust 10,003.40

286 H. S. Payroll 1,619,686.97

Total $5,002,236.01

ACH Tax Deposits 1,404,331.97

Payroll Warrants & Direct Deposits $3,644,821.24

TOTAL $10,051,389.22

 

Financial Reports – November 2004 (Incomplete)

 

The Board received the following financial reports for November 2004:

 

BD101 Account Expenditure by Fund

BD102 Account Receipts by Fund

BD105 Statement of Estimated and Actual Revenue

BD108 Object Cost Analysis

 

Monthly Legal Report

 

The Chair thanked Jeff Weldon for his work and service for the District. Mr. Weldon gave a review of pending litigation. There was nothing new to report on the Rapp-Swecker matter, Columbia Falls, KTVQ, Erekson, or the Eastman case. The Robinson case has been dismissed with prejudice. The trial for the M.T. case has been scheduled for January 2006.

 

Mr. Weldon reported there has been an appeal filed by the BEA in the petition of the District regarding the Skyview issue and he is waiting for the judge’s reaction to the review of the supplemental documents, the notice of appeal, request for clarification, and the union’s motion for a stay. Documents from Bob Whalen’s (Skyview Principal) file on the incident were submitted for review as well as the supplemental documents. It will have to be determined by the judge if the complaints are public documents.

 

Mr. Weldon reported he would develop a draft on the BEA grievance for the Superintendent’s review. The two MPEA grievances are pending arbitration.

Mr. Weldon stated the Board has received a document consolidating four complaints from Skyview parents. The parents have requested a hearing with the full Board, not a three-member panel. The hearing will not investigate the incident but will investigate the handling of the issue by the Superintendent. The hearing was cancelled for December 28th and will be re-schedule for early January. Trustee Moses voiced her concern the Board has not received all the information to make a decision on whether policy had been followed. The Chair explained the State law specifies the only person who could bring to the Board a recommendation for any sort of serious action is the Superintendent. The Board has no ability to do anything except review the Superintendent’s process and/or evaluate the Superintendent. Trustee Getz felt there should be some type of process in place for the public to speak to the Board even if it is prohibited by State law. He felt the public would view the complaint process as being broken. Superintendent Svee stated there is a policy that states he must protect confidentiality and the matter could be addressed in his job evaluation. The Chair stated Trustee Getz’s recommendation would be scheduled for discussion and the job evaluation would take place in January.

 

Jeff Weldon reported Board members were given the long-term suspension summaries for November. Trustee Jarussi made the following motion with a second by Trustee Herzog:

 

Motion to affirm the long-term suspension summaries.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously.

 

Mr. Weldon reported the hearing on the Career Center complaints would be scheduled in January with a three-member panel of the Board as appointed by the Chair.

 

Jeff Weldon also reported the District has bill requestors for the upcoming legislative session. There will be continuing meetings on Thursdays at noon throughout the 2005 session.

 

Superintendent’s Report

 

Superintendent Svee reported he would have a final draft for the Board on the agreement with Larry Martin of Felt Martin law firm regarding twenty hours per week for legal counsel. Mr. Svee has spoken to Dennis Paxinos, County Attorney, on providing attorney services. Any cases that would be appealed from this District to the County Superintendent could be a conflict of interest as Mr. Paxinos’ office represents the County Superintendent. Copies of the vacancy announcement and job descriptions for legal counsel were given to the Board members. Trustee Goodrich felt a full-time attorney on staff would be the best option.

 

The Superintendent also reported the high schools are requesting math recovery which would be a pilot program. The program would work with students who have failed the first semester and would place them in math recovery to give them the opportunity to make up the credit and test out for the first semester. The FTE would be .8 and would be a temporary position for $13,000. The funds are available in MAC revenue. Trustee Stroebe suggested the Education Committee and then, the Board address the issue in January. Trustee Goodrich felt the issue should be tabled until the next item is discussed.

 

Budget Report and Recommendations

 

Trustee Goodrich gave a report on the budget forecast for the 2005/2006 school year. If no additional funding is available, cuts will have to be made. The expected deficit in the current elementary district was projected at $1,099,626, and the expected deficit for the high school district is $2,695,573. The highest budget without a vote for elementary is $47,403,389 and with a vote, $47,718,577. There would still be a shortage of $784,000 at the elementary district, and $751,000 in the high school district.

 

Trustee Goodrich stated administration and the unions have agreed on the FTE figures. The total FTE for all positions is 1,743.98. The Business Committee is attempting to examine cost saving assumptions and has requested retirement estimations from the administration. Cuts in textbooks and curriculum adoption may be easier to curtail at the elementary level than at the high school level. The committee also reviewed cluster schools but no savings were realized. The Business Committee voted unanimously to recommend holding personnel numbers constant at 1,743.98. The Chair suggested the recommendation be sent to the School/Community and Business Committees in January, and the Board would consider the proposal at the regular meeting in January. It was the consensus of the Board to follow the recommendation.

 

Superintendent Svee spoke in support of the .8 FTE for the math recovery program at the high school level. Trustee Stroebe made the following motion:

 

Motion to make an exception to the anticipated freeze to fund the .8 in staff.

 

The motion died due to a lack of a second. The Chair suggested the Superintendent bring a recommendation to the committees a proposal that might be in keeping the anticipated freeze. Superintendent Svee felt he might not have to bring it to the Board if he can fund the position within the existing FTE numbers.

 

Personnel Report

 

Trustee Herzog made the following motion by Trustee Getz:

 

Move to accept the Superintendent’s employment recommendations as presented in the current personnel report.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Katharin Kelker, Karen Moses, and Conrad Stroebe. Gene Jarussi opposed the motion.

 

Health Insurance Fund

 

Dan Martin reported the health insurance reserve fund is short by $300,000. The remedy would be to cost share the problem with the employees who are willing to put in $150,000 of the shortfall. If the Board were to wait, the District will probably have to pay the entire amount due to the language in the contracts. Trustee Goodrich stated the Business Committee supported the $15 increase in premiums for the employees and commended the employees for stepping forward to help solve the problem. He felt the $150,000 could be made up with the year-end surplus funds. Trustee Dimich voiced his concern, as a funding source could not be identified. Dan Martin reported the reimbursement rates for Medicare came in higher than anticipated and funds were available to cover the District’s portion. Trustee Herzog made the following motion with a second by Trustee Goodrich:

 

Motion to adopt the $15 a month increase to be shared with employees and District that sunsets in June 2005.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously.

 

Insurance Committee Recommendation – Amendment of Insurance Plan Document

 

Jeff Weldon reported the Insurance Committee has considered subrogation or third party recovery. Trustee Jarussi spoke against the subrogation proposal as he felt it was cruel to treat the employees in this manner. Trustee Herzog made the following motion with a second by Trustee Dimich:

 

Motion to refer the amendment back to the Insurance Committee with more legal representation, realizing this

Particular amendment is not good for employees.

 

Mr. Weldon reported the suggested amendment came from EBMS and he added compliance language. Trustee Getz asked if it was worth all the squeeze. Mr. Weldon reported the amount would be small. Trustee Herzog withdrew her motion and Trustee Dimich withdrew his second. The amendment died due to a lack of interest.

 

Employee Suggestion Program

 

Leo Hudetz reported the employee suggestion program has been reviewed by the three standing committees and approval received for the form and process. The form will be available on the website if approved by the Board. Trustee Herzog made the following motion with a second by Trustee Dimich:

 

Motion to approve the employee suggestion program.

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously.

 

 

Consent Agenda

 

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

 

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

 

Those voting in favor were Mike Dimich, Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Items contained in the Consent Agenda are as follows:

 

Minutes, Regular Board Meeting, November 15, 2004

Minutes, Special Board Meeting, November 10, 2004

Minutes, Special Board Meeting, November 29, 2004

Minutes, Education Committee Meeting, November 8, 2004

Minutes, School/Community Committee Meeting, November 8, 2004

Minutes, Business Committee Meeting, November 8, 2004

Minutes, Audit Committee Meeting, September 14, 2004

Addition of Booster Club Trust Account at Lewis & Clark Middle School

Addition of Concession Stand ECA Account at Will James

Federal Management Strategies, Inc. Contract

Reclassification of Adult Education Testing Technician from Wage Level II to Wage Level IV

 

Calendar/Agenda Planning

 

The following are the scheduled meetings and events:

 

Wednesday, January 5, 2005 – Agenda Setting Meeting

Monday, January 10, 2005 – All Committees

Tuesday, January 11, 2005 – Business Advisory Group

Monday, January 17, 2005 – Regular Board Meeting

Monday, January 24, 2005 – Community Clinic re: Legislative Issues

 

Adjournment

 

As there was no further business, the meeting adjourned at 9:25 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

Diane Blevins, Recorder

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