Diane Blevins Posted May 27, 2005 Report Share Posted May 27, 2005 Proceedings of the Board of Trustees District No. 2, Yellowstone County High School District No. 2, Yellowstone County Billings, Montana April 18, 2005 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, April 18, 2005, at 5:30 p.m. Chair Katharin Kelker presided and led those present in the Pledge of Allegiance. Roll Call Members present included Katharin Kelker, Clerk Leo Hudetz, Superintendent Rod Svee, Conrad Stroebe, Malcolm Goodrich, Dale Getz, Gene Jarussi, Judith Herzog, and Karen Moses. Stephanie Krueger and Mike Dimich were absent. Registered guests included Melissa and Bryce Chapel, Jim Hartung, Barb Bryan, Janet Baum and Joel Guthals. Recognition and Gifts and Donations The Board recognized Skyview Wrestling on their state championship: Head Coach Rich Malia, Jared Berry, Josh Byram, Kody Christensen, Josh Dean, Cavin Engel, Seth Goodell, Mike Hitt, Zach Jones, Andy Kohn, Derek Maciel, Mike Miller, Alex Palm, Tanner Reichert, Chance Scally, Cody Valkenburg, Tyler Worm, Joe Binkoski, Bryce Chapel, James Cunningham, Isaiah Dewald, Jared Ewen, Jesse Grossman, Dusty Howe, Jeff Jones, Kuske Matthew, Casey Malia, Chris Molen, Pat Pitman, Cory Richardson, Bode Scott, Chad Williams, Jarrod Buckley, Kam Christensen, Alex Davies, Jordan Duffield, Alex Gairrett, Brendan Halsten, Brandon Hu, Malcolm Kintzing, Kory Landwehr, Erick Meyer, Shae Nealy, Lucas Polkow, Vince Salminen, Tim Thorne, Darrin Williams, and assistant coaches Tim Kaczmarek, Joe Malchuski,Joe Malia, and James Lauer. The Board also recognized the state champion girls basketball team from West High: Head Coach Greta Buehler, Jen Casey, Alex Rupe, Erica Stokke, Kayla Hunt, Sara Bents, Tessa Cunneen, Julie Marshall, Callie Muri, Liz Gerstner, Shadra Robinson, Sarah James, Caitlin Tocci, Katie Mitchell, Cortney Zappe, managers Lexie Halvorson and Casey Hubbard, and assistant coaches Jennifer Hull, Robin Anderson, Troy Lawson, and Tim Ottman. The girls state champion swimmers from West High were also recognized: Head Coach Brenden Smith, Jamie Moline, Sydney Cerovski, Morgan Denny, Katie King, Stephanie Hammer, Denby Gardiner, Allie Sticka, Amy Gaudielle, Taylor Cook, Jenilee Crellin, Ashley Loyning, Sarah Kennedy, Carly Selleck, Lindsay Robb, JayDee Huppert, and Assistant Coach Jana Hundtofte. The Board accepted the following gifts and donations: Boulder – Dr. James Boslough Meadowlark – First Interstate Bank, Brenda Robertson Newman – McDonald’s Toys ‘R Us, Manager and Geoffrey the Giraffe Julie Gates, Sylvan Learninig Center Billings Bulls Castle Rock – Arby’s Ace Hardware Albertson’s Baskin Robbins Big Lots Budget Instant Prints Circle Inn Cluckers Coca-Cola Domino’s Eileen’s Cookies Godfather’s Pizza Heights’ Pet Center Mackenzie River Pizza Company Pepsi-Cola Pizza Hut Beads & Beyond Heights’ Little League Hu Hot Mongolian Grill Lee Han’s Nails Sodexho Geyser Park Billings Heights Kiwanis Club Off Main Deli Quixnos Radio Shack Active Image Hair Designers Wendy’s Subway Papa Murphy’s Pizza Paper Trails Scrap & Stamp Sleepworld Planning Update Ramona Mattix, City of Billings, reported on school enrollment projections. Most districts project enrollments using a cohort survival method using their historical enrollment trends. Ms. Mattix reviewed the enrollments for the Billings schools, which shows a large number of turnovers and migration. There is a large migration of college-educated single people who are leaving the state. Superintendent Svee stated administration finds where the shifts have occurred, usually by Labor Day. 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 at this time. Approval of Agenda The Communication Plan was pulled from the Consent Agenda. Trustee Herzog made the following motion with a second by Trustee Goodrich: Motion to approve the agenda with the noted change. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Bills Paid – March 2005 The Business Committee reviewed the bills paid for March. Trustee Getz made the following motion with a second by Trustee Goodrich: Motion to approve the bills paid for the month of March 2005. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. The following were the bills paid: Fund Description Amount 101 Elem. General Fund $ 249,085.10 110 Elem. Transportation 415,794.07 114 Elem. Retirement 150.89 115 Elem. Misc. Programs 172,383.24 117 Elem. Adult Education 1,735.05 129 Elem. School Flexibility Fund 4,271.62 160 Elem. Building 64,180.23 161 Elem. Building Reserve 55,200.40 184 Elem. Student ECA 39,537.64 185 Elem. Misc. Trust 7,959.63 201 H. S. General Fund 225,779.42 210 H. S. Transportation 328,079.31 212 H. S. Food Services 376,681.62 215 H. S. Misc. Program 46,782.93 217 H. S. Adult Education 17,852.78 218 H. S. Traffic Education 5,823.72 229 H. S. School Flexibility Fund 47,442.73 260 H. S. Building 66.72 261 H. S. Building Reserve 9,718.34 278 H. S. Self Insurance-Health 1,185,503.08 279 H. S. Self Insurance-Liability 731.25 282 H. S. Interlocal Agreement 151,326.44 284 H. S. Extracurricular 207,286.95 285 H. S. Misc. Trust 7,254.58 286 H. S. Payroll 1,699,957.37 Total $5,320,585.11 ACH Tax Deposits 1,404,308.23 Payroll Warrants & Direct Deposits 3,683,983.55 $10,408,876.89 Financial Reports – March 2005 (Unaudited) Trustee Goodrich reported the Business Committee has reviewed the financial reports for March and were found to be satisfactory. The following are the unaudited financial reports for March 2005: BD101 Account Expenditure by Fund BD102 Account Receipts by Fund BD105 Statement of Estimated and Actual Revenue BD108 Object Cost Analysis Monthly Legal Report Jeff Weldon reported there was nothing new to report on the KTVQ issue. He suggested the Board meet in a work session after the end of the legislative session to discuss the Columbia Falls case. There is one count of negligence remaining in the Rapp-Swecker issue and a scheduling order. There was a hearing recently on the Erekson suit on three issues and Mr. Erekson has filed another complaint, which has not been served to the District yet. The judge has ruled against Mr. Erekson on the three motions. Discovery is still pending on the Eastman and M.T. matter. The Gazette has moved for attorney fees in the petition on documents case but no total has been given. Trustee Moses reported the MQEC will continue as an organization and will follow up on a remedy and litigation with the possibility of going back to court. There has been talk the special session will occur after December 1st. A committee will be studying the education issue throughout the summer. The $250 and $100 given by HB63 was a little less than 1% more than what is in law. The added budget authority will not have to be voted upon. Jeff Weldon reported HB302, HB747 and HB574 have been amended and passed. He suggested a work session be scheduled after the regular session and invite the neighboring school districts. Mr. Weldon corrected the date on the long-term suspensions to August 2005. Trustee Herzog made the following motion with a second by Trustee Moses: Motion to affirm the long-term suspensions as corrected. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. The Ad Hoc Policy Committee met last week with policy changes included in this agenda. Other items to be considered by the policy committee are Series 5000, nutrition, and HIPPA. Minutes will be submitted at a later date. The attorneys for the Home Builders’ Association and Mr. Weldon have completed the draft for the project agreement. Mr. Weldon is awaiting confirmation from the District’s insurance carrier. He requested direction from the Board. The Chair reported the Board took action to support the agreement for the next year. The agreement will be sent to the Business Committee for a final look after the governor has signed HB747. Superintendent’s Report Trustee Moses asked if there was an estimate for cuts. Superintendent Svee stated the District is still looking at $1,300,000 which is tempered by the fact that we have already eliminate 9 positions in the high school and is down to approximately $900,000 in the two districts. When the federal dollars are applied, the District should not be in too bad of dire state as earlier predicted. The $50 in the high school made a big difference. Insurance should not be the 28% as earlier predicted, but approximately 19-20%. Personnel Report Trustee Getz made the following motion with a second by Trustee Goodrich: Motion to accept the Superintendent’s employment recommendations as presented in the current personnel report. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Katharin Kelker, Karen Moses, and Conrad Stroebe. Gene Jarussi opposed the motion. The motion carried. Resolution – Declaration of Vacancy – Elementary Trustee of Single Member District, Zone 3 The Chair read the letter from Stephanie Krueger resigning her seat on the Board, as she moved out of the zone she represented on April 15th. Trustee Goodrich made the following motion with a second by Trustee Getz: Motion to adopt the Resolution of Declaration of Vacancy with the language in agenda item K. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. The Chair commended Stephanie Krueger on her work for the District. The following is the Declaration of Vacancy: WHEREAS, pursuant to Montana law, any elected trustee position shall be vacant whenever the incumbent moves his or her residence from the applicable district: WHEREAS, Stephanie Snellman-Krueger, School District No. 2 Elementary Trustee of Single Member District, Zone 3, has submitted her resignation from the Board of Trustees effective April 18, 2005; THEREFORE, School District No. 2 Board of Trustees declare the position of Elementary Trustee of Single Member District, Zone 3 as vacant. That this declaration is made pursuant to MCA 20-3-308 and 20-3-309 and School District No. 2 Board Policy 1112. Resolution of Appointment – Position of Elementary Trustee of Single Member District, Zone 3 Clerk Hudetz reported, according to state statutes, the Board has sixty days to fill the vacancy. He recommended a person be selected before May 16th to include the new Trustee in the swearing in ceremony on May 16th. The Chair stated applications be returned to the District by May 3rd and interviews held after that date. If a pool of applicants is not received by May 3rd, more applications can be requested as the deadline is two months. Trustee Goodrich made the following motion with a second by Trustee Getz: Motion to adopt the Resolution of Appointment to the position of Elementary Trustee of Single Member District, Zone 3, with the language provided in agenda item L with the change ‘WHEREAS, pursuant to Montana law, whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare such position vacant and they shall endeavor to appoint in writing, prior to May 16th but in no event later than within sixty days thereafter, a competent person as a successor.’ Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. The following is the Resolution of Appointment: WHEREAS, pursuant to Montana law, whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare such position vacant and they shall endeavor to appoint in writing, prior to May 16th but in no event later than within sixty days thereafter, a competent person as a successor, and; WHEREAS, the School District No. 2 Board of Trustees has declared the position of Elementary Trustee of Single Member District, Zone 3 as vacant; THEREFORE, we the Board request interested applicants do apply for the vacated position of Elementary Trustee of Single Member District, Zone 3. The application deadline shall be May 3, 2005 and the successor shall be appointed by May 16, 2005 and shall serve until the regularly scheduled election May 2, 2006. District Clerk, Leo Hudetz, shall receive applications and submit them to the Board. That this appointment is made pursuant to MCA 20-3-309 and School District No. 2 Board Policy 1112. Advertisement for Professional Services Rich Whitney reported he put the advertisement for professional services together to be ready when the Board wanted to start the ball rolling on the recommended projects. If the process were to start now, he could be ready on May 9th. Superintendent Svee stated the recommendations from the 20-Year Planning Committee would be brought forward to the Board at the end of May. The early part would be to work with the successful company in putting together a scope of work so an idea can be obtained in looking at the different scenarios and to give us a chance to work with the successful company to break the project down with cost proposals. The intent is to get an independent body and a broader choice. It would give staff a jump on the workload. Mr. Svee recommended five, seven or nine members on the selection committee, two architects, as well as a developer. Trustee Goodrich requested operating costs be included in the scope for building a school as well as running a school. The issue will be brought back for approval as soon as the projects have been identified. Resolution to Dispose of District Real Property at 14th and Grand Avenue The real property being declared surplus is an elementary issue only. Clerk Hudetz reported the Board passed a resolution on March 28th to dispose of the property. No protests were received during the fourteen-day advertising period. Mr. Hudetz stated he needed an effective date for the resolution from the Board. On the sale of Garfield, the Board gave authority to the Superintendent and legal counsel to negotiate the sale. Trustee Jarussi hesitated to sell until the Board knows the recommendations of the 20-Year Planning Committee, as it was not known if the property would play a role in the plan. He cautioned the District not to do it at this time. Trustee Goodrich asked if the Board deferred, would it reactivate the protest plan. Jeff Weldon stated there would be no reactivation. The Superintendent can be directed to accept offers. Superintendent Svee stated it could be passed now and rescinded at a later date. By passing this resolution, it shows the buyers you are serious. Barbara Bryan urged the Board not to sell the property until the 20-Year Planning Committee gave its final recommendations as it figures into the recommendations. She voiced her concern the committee was not informed of the pending sale. Trustee Goodrich made the following motion with a second by Trustee Moses: Move to approve this resolution subject to two caveats; 1) instead of ‘the trustees shall sell or dispose’, it be changed to ‘the trustees may sell or dispose’; and, 2) any final decision involving the disposition of the property still remain subject to trustee approval. Those voting in favor were Dale Getz, Malcolm Goodrich, Katharin Kelker and Karen Moses. Gene Jarussi opposed the motion. Trustees Herzog and Stroebe are ineligible to vote on elementary issues. The resolution is as follows: WHEREAS, the trustees of any district have the power and the responsibility to hold in trust all real and personal property of the district for the benefit of the schools and children of the district, and; WHEREAS, the trustees of a district may purchase, build, exchange, or otherwise acquire, sell, or dispose of sites and buildings of the district, and; WHEREAS, the trustees of a district have determined that a site, building, or any other real or personal property of the district is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district, and; WHEREAS, the trustees approved the Resolution of Intent to Dispose of District Real Property at their meetings held on March 28, 2005, and the notice was published in a newspaper of general circulation on April 3, 2005 and by posting at least one notice at a public place in each precinct, and; WHEREAS, no taxpayer has appealed the resolution of the trustees; THEREFORE BE IT RESOLVED, that the Board of Trustees of Billings Elementary School District No. 2, Yellowstone County, Montana, shall sell or otherwise dispose of the district real property specifically identified as follows: Location generally known as the Crossroads School location at 14th and Grand Avenue. The trustees may sell or dispose of the real property in any reasonable manner that they determine to be in the best interest of the District. Dated this 18th day of April 2005. Policy Review and Revision – First Reading Jeff Weldon recommended taking action on each of the four revisions. Trustee Herzog made the following motion with a second by Trustee Getz: Motion to approve on first reading section 1, which is Policy 1130, Board Procedure 1130-P1, and Policy 1310. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Trustee Herzog made the following motion with a second by Trustee Moses: Motion to approve on first reading, group #2, Policy 2313, proposed new Policy 3205, and Proposed new Policy 5XXX. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Trustee Moses made the following motion with a second by Trustee Herzog: Motion to approve on first reading Policy 3222. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Jeff Weldon explained Procedure 3600-P1 addresses FERPA directory information, which prohibits the release of student records without parental consent but the exception is the directory information. This would clarify policy and matches more closely what is allowed by the Department of Education. This allows the District to disclose the information without parental consent. Trustee Stroebe felt it should be more of a positive basis and with only parents consent to release the information. Mr. Weldon reported it is part of FERPA, which allows the District to identify certain types of information and exempt it from FERPA and allow the District to release it without prior parental consent. If the District does not identify it and it is released, then we are in violation of FERPA. The Chair stated the only information that would be given out would be for legitimate activities. She recommended the issue be sent to the School/Community Committee for second reading and review. Trustee Stroebe made the following motion with a second by Trustee Goodrich: Motion to amend it to remove address, telephone and electronic mail address. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, and Conrad Stroebe. Karen Moses, and Katharin Kelker opposed the motion. The motion passed. Trustee Stroebe made the following motion with a second by Trustee Herzog: Motion to approve on first reading Procedure 3600-P1, as amended. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. The Chair reported the second section would also go to the School/Community and the policy on the policy committee would come back to the Board for second reading. The policy regarding posting of materials will also go to School/Community. Communication Plan Trustee Moses commended Nancy Hines and the School/Community Committee for their work on the Communication Plan. She reported there are financial implications in the plan. Trustee Moses made the following motion with a second by Trustee Getz: Motion to accept the Communication Plan. Trustee Getz stated the plan was very well prepared, comprehensive and ambitious. Trustee Jarussi stated, if a Communications Director is hired, the Board has to stay with that position throughout the years. He felt it would be difficult for the Superintendent to do all of the recommendations. Trustee Stroebe suggested a cost estimate would be necessary, and did not feel it fit into the Business Committee’s hiring freeze. The Board needs to come up with the funds and prioritize this among the other priorities if we are making cuts. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, and Karen Moses. Conrad Stroebe opposed the motion. The motion passed. The plan will be referred to the administration to see what their reaction was as to how the staff could implement things that are of no cost, and refer it to Business Committee for those things that have a cost. Consent Agenda Trustee Goodrich made the following motion with a second by Trustee Herzog: Motion to approve and accept the items within the Consent Agenda, as amended, without objection to recommended action. Trustee Moses made a correction to the minutes of the Regular Meeting of March 21, 2005. Those voting in favor were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Items contained within the Consent Agenda are as follows: Regular Board Meeting Minutes, March 21, 2005 Special Meeting Minutes, March 24, 2005 Special Meeting Minutes, March 28, 2005 Special Meeting Minutes, April 4, 2005 Audit Committee Minutes, November 23, 2004 Education Committee Minutes, March 14, 2005 Business Committee Minutes, March 14, 2005 Business Committee Minutes, March 18, 2005 Business Committee Minutes, March 21, 2005 Memorandum of Understanding World History Textbook Review – Second Reading Family & Consumer Science Curriculum Adoptions Change of Calendar Complaint Against Superintendent The Chair reported the Board has been given a copy of a letter she sent to the Opies. The Chair stated the only remedy of a complaint of this type would be for the Board to address the issue in the Superintendent’s evaluation. She asked for direction from the Board to see if they wished to evaluate the Superintendent now, or if the Board wished to factor the complaint into the next evaluation of the Superintendent. Jeff Weldon reported the Opies appealed the decision of the Board to the County Superintendent of Schools, claiming it was a contested case under Montana law. The Opies filed a second complaint against the Superintendent Svee, which the Chair referred to in her letter. Trustee Jarussi did not want to reevaluate Superintendent Svee at this time and did not want to address the issue at this meeting. He felt this issue has to come to an end as it was dealt with in a timely fashion. Trustee Jarussi made the following motion with a second by Trustee Getz: Move, at this time, that the Opie complaint that Svee’s statements were not honest, accurate, truthful, at the appeal hearing that was held dealing with the timeliness of previous appeals not be considered tonight and that Rod Svee not be evaluated tonight. Mrs. Opie addressed the Board regarding her complaint. She felt the Board should hire an independent investigator to investigate their allegations or schedule a fact finding meeting at which time the Opies could challenge the Superintendent’s testimony. If the Board does not grant a hearing, they will be forced to seek relief in a state or federal court and take the matter out of the hands of the Board. The Chair requested Mrs. Opie to address only the complaint before the Board this evening, not previous complaints. The Chair called for a recess of the Board due to the focus of the meeting was not being upheld. After a brief recess, those voting in favor of the motion by Trustee Jarussi were Dale Getz, Malcolm Goodrich, Judith Herzog, Gene Jarussi, Katharin Kelker, Karen Moses, and Conrad Stroebe. The motion passed unanimously. Superintendent Svee requested, when the Board gets ready to do the evaluation, a packet of information prepared by him be included. A copy is attached to the minutes Calendar/Agenda Planning The following are the future scheduled meetings and events: Legislative Meetings on Thursdays Monday, April 25, 2005 – Special Meeting/Study Session Tuesday, April 26, 2005 – Educator Appreciation Banquet Monday, May 2, 2005 – Special Board Meeting Wednesday, May 4, 2005 – Agenda Setting Motion Monday, May 9, 2005 – Committee Meetings Monday, May 16, 2005 – Regular Board Meeting Wednesday, May 18, 2005 – Adult Education Graduation Friday, May 20, 2005 – Crossroads Graduation Sunday, May 22, 2005 – Skyview Graduation Monday, May 23, 2005 – Senior Graduation Monday, May 23, 2005 – West Graduation Adjournment As there was no further business, the meeting adjourned at 8:35 p.m. Katharin Kelker, Chair Diane Blevins, Recorder Link to comment Share on other sites More sharing options...
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