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Regular Board Meeting of May 16, 2005


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

May 16, 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, May 16, 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, Superintendent Rod Svee, Clerk Leo Hudetz, Mike Dimich, Judith Herzog, Dale Getz, Gene Jarussi, Karen Moses, Conrad Stroebe, and Malcolm Goodrich.

 

Registered guests Fred Michels, John Eisen, Jennifer P. Moore, Judy Rigler, Doug VanZee, Tom Stahley, Gerry Thompson, Diane Bertrand, Shelly Dolan, Diana Mysse, Tony Riehl, Harvey Langager, Kerry Schaefer, Elizabeth Waddington, Susan Dolan, Terri Myers, Kirk Woosley, John Miller, Martha Rhoades, Gerry Rhoades, Sheila Hutchinson, Rodney Hutchinson, Janet Baum, Connie Wardell, Mary Kay Rottrup, Wayne Rottrup, Nancy Vasilakes, Rick Bartsch, Monica Lindeen, Gary Branae, David Lindeen, Gayla Bradberry, Adriene Loveridge, Eileen Sheehy, Tim Cramer, Dave Riley, Jeff Weldon, Mike Caskey and Desiree Caskey.

 

Recognition and Gifts and Donations

 

Senior High valedictorians recognized included: Anna Bacheller, Jeffrey Bartsch, L. Riley Bouchee, Chloe Chessen, Michelle Cox, Jane Fredland, Joshua Gardner, Sean Harris, Christopher Hellekson, Jordyn Kanning, Svein Newman, David Stordahl, and Elizabeth Wright.

 

The Board recognized the following Skyview High valedictorians: Kristine Dennis, Lauren Gustafson, Ralph Habeck, Rachel Holmen, Leah Kraft, Sam Urlacher, and Corey Vannoy.

 

West High valedictorians are: Angela Andrikopoulos, Danielle Demaray, Josh Hedge, Sean Jones, Julianne Marshall, Erik Miron, Laurel Russell, Katie Singer, Siri Smillie, Kevin Womack and Daniel Zimmerman.

 

Nancy Vasilakes stated she had been collecting information from the valedictorians on who had taught them over the years. She thanked the teachers for their work with all students to help them to succeed.

 

The Board recognized the following Career Center students as winners of the Montana Business Challenge: Michael Fitzgerald, Sean Kober, James Newman, Weston Smith, and their teacher Harvey Langager.

 

The Board also recognized the Yellowstone County legislators for their work at the 2005 session: Brent Cromley, Jeff Essmann, Kim Gillan, Lane Larson, Daniel McGee, Lynda Moss, Corey Stapelton, Elsie Arntzen, Arlene Becker, Gary Branae, Roy Brown, Robyn Driscoll, Emelie Eaton, Wanda Grinde, Dennis Himmelberger, Michael Lange, Monica Lindeen, Tom McGillvray, Penny Morgan, Mark Noennig, and Don Roberts.

 

The following gifts and donations were 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.

 

Meadowlark – First Interstate BancSystem Foundation, money through matching program

Jim Merchant, volunteer for matching program

Ponderosa – KOA Corporate Offices, lunch for staff

Will James – Larry and Cindy Hanchett, money

Barry and Elaine Lucero, couch, refrigerator, gas regulator

 

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.

 

Tom Stahley, Judy Rigler, Fred G. Michels, John Miller, LouAnne Foley, Kirk Woosley, Tony Riehl, and Jennifer Moore spoke against the elimination of the Technology Integration Specialist positions.

 

Report from 20-Year Facilities Planning Committee

 

John Eisen, 20-Year Planning Committee, gave a brief update from the committee. The committee has put in over 4,000 man-hours over the past year. He reported the committee’s final report would include something that has never been seen before. Mr. Eisen requested a special meeting to discuss the recommendations of the Board. Trustee Getz stated he would agree to a meeting but requested the information before the meeting for study time. Trustee Moses asked that the committee go through the School/Community Committee first. Superintendent Svee asked how long from the draft to the final report. Mr. Eisen stated the final report would be available the end of May.

 

David Riley, Lockwood Steering Committee, stated there is overwhelming support for a high school in Lockwood. The Lockwood Steering Committee will begin a study for a future high school in Lockwood. Martha Rhoades stated the three scenarios do not support the Lockwood students. She urged status quo for Lockwood students. Mary Kay Rottrup did not feel the three scenarios treated Lockwood students fairly. She suggested boundaries be closed for all students if Lockwood students were moved from Senior to Skyview as it would become a discrimination issue if boundaries were not closed for all. Mrs. Rottrup stated closing boundaries could increase the drop out rate. She urged the Board to keep the freshman academies in place. The majority of Lockwood students want a ‘AA’ school. Connie Wardell urged the Board to not make a commitment on the sale of District property until after the 20-Year Planning Committee gives their presentation and completes their work.

 

Trustee Moses asked for a clarification on ‘AA’ schools versus an ‘A’ school. Superintendent Svee reported ‘AA’ schools have an enrollment of 900 students.

 

Approval of Agenda

 

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

 

Motion to approve the agenda.

 

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.

 

The meeting recessed at 7:15 for a Special Meeting.

 

The meeting reconvened at 7:50 p.m.

 

Board Ad Hoc Committee on Building Ownership

 

Superintendent Svee reported the Board Ad Hoc Committee met three times. The committee’s recommendation was for the District to formally act on the equalization by percentage of ownership. Trustee Stroebe made the following motion with a second by Trustee Goodrich:

 

Motion for the Board to accept by formal action that one-third ownership of rural High School District 2

taxpayers of the middle schools of Billings is equalized by the percentage of ownership and the cost that

the rural taxpayers of High School District 2 have not paid for Billings Senior High School and Billings

West High School.

 

Trustee Guthals asked what the ramifications would be. The Chair stated, prior to the creation of the high school district, it was a K-12 district. When the high schools were built, they were built by the old district. One-third of three middle schools was borne by the high school district. The difference is close to equal so neither district would have to pay back for the buildings. Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Sandra Mossman, Katharin Kelker, Karen Moses, Conrad Stroebe, and Joel Guthals. The motion passed unanimously.

 

Trustee Stroebe suggested the Board discuss usage costs of facilities at a future meeting. Superintendent Svee stated the Ad Hoc Committee could not agree on a recommendation on usage costs. Trustee Getz didn’t know what a discussion on costs would achieve. Trustee Stroebe stated the Board needed to discuss the issue to avoid the negative impression the Board got when it closed three elementary schools and telling the public the District was out of high school space. Superintendent Svee reported there was no backup information in the 1978/79 study in any type of detail to cost anything out. Trustee Guthals felt there was a need for further study by the Ad Hoc Committee.

 

Peter Gesuale addressed the Board as he felt it was the opportunity for the Board to address excess space in elementary schools and overcrowding in the high schools. He felt it was irrelevant who paid for the buildings. The Board has the Grand Avenue property, which is owned by the elementary district and being used for the high school district. The money from the sale of Grand could be used in the solution for high school overcrowding.

 

Joel Guthals and Malcolm Goodrich volunteered to serve on the Ad Hoc Committee. The committee will meet and bring a recommendation to the June meeting.

 

Announcement of Candidates for Appointment in Zone 3

 

The Chair reported there are two candidates for the vacancy in Zone 3. They are Greta Besch Moen and Mary Jo Fox. An interview committee was formed with Trustees Mossman, Getz and Moses. Trustee Getz will chair the committee.

 

MPEA Agreement

 

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

 

Move to approve the one-year contract with the MPEA.

 

Trustee Goodrich stated the District gave a longevity clause and the MPEA gave an award for those members who didn’t choose to use their sick leave. Trustee Guthals asked for the total cost for the District. Dan Martin replied the total increase is $235,005 to the general fund. He will give the total costs given to the Board at a later date. Legal counsel has not reviewed the changes but Mr. Martin felt it did not have to be reviewed. Trustee Stroebe stated changes were made in the contract but the effective dates were not changed. Dan Martin reported he would review the dates. Trustee Goodrich made the following amendment to the motion:

 

Move to approve the one-year contract with the MPEA, subject to Dan Martin’s ability to correct the dates

and review the contract with Jeff Weldon.

 

Trustee Moses as the second, accepted the amendment. Trustee Guthals offered the following substitute motion with a second by Trustee Moses:

 

Move to approve, granting authority to the District administration to make non-substantive changes that are needed

to clarify and straighten out the dates and similar non-substantive matters and subject to review and approval by the

District’s legal counsel.

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously.

 

BPS – Billings Home Builders’ Association Career Center Construction Project

 

Jeff Weldon reviewed the steps followed in preparing the draft agreement with the Billings Home Builders’ Association (HBA), and the changes made to the first draft by the Business Committee. Trustee Goodrich stated the Business Committee had two concerns: 1) the original agreement did not provide for the required statutory disclosure; and, 2) as the HBA is the owner of the property, if there is a loss, the HBA would be indemnified with claims. Jeff Weldon added a clause to address a loss. Trustee Goodrich reported the Business Committee approved the agreement. Trustee Goodrich made the following motion with a second by Trustee Getz:

 

Motion to approve the contract with a proviso for Jeff Weldon to review paragraph #6, and if is acceptable to

legal counsel, move for approval.

 

Those voting in favor of the motion were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

Bills Paid – April 2005

 

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

 

Motion to approve the bills paid for the month of April 2005.

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously.

 

The following are the warrants paid for April 2005:

 

Fund Description Fund Total

101 Elem. General Fund $ 260,724.51

114 Elem. Retirement 210.49

115 Elem. Misc. Programs 144,083.18

117 Elem. Adult Education 44.97

129 Elem. School Flexibility Fund 7,063.18

160 Elem. Building 59,702.05

161 Elem. Building Reserve 30,141.43

184 Elem. Student ECA 68,214.90

185 Elem. Misc. Trust 5,561.95

201 H. S. General Fund 207,950.25

212 H. S. Food Services 2,850.93

215 H. S. Misc. Program 42,664.72

217 H. S. Adult Education 7,471.95

218 H. S. Traffic Education 1,902.17

220 H. S. Lease-Rental 7,268.00

229 H. S. School Flexibility Fund 18,148.92

260 H. S. Building 88.26

261 H. S. Building Reserve 45,454.76

278 H. S. Self Insurance Health 1,046,804.66

282 H. S. Interlocal Agreement 94,062.67

284 H. S. Extracurricular 154,123.74

285 H. S. Misc. Trust 13,222.71

286 H. S. Payroll 1,687,654.47

Total $3,905,414.87

ACH Tax Deposits 1,419,689.53

Payroll Warrants & Direct Deposits 3,723,509.87

TOTAL $9,048,614.27

 

Financial Reports – April 2005 (Unaudited)

 

The Business Committee reviewed the financial reports. The reports presented for Board review are as follows:

 

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 on the District’s legal issues. There is nothing new to report on the Rapp-Swecker matter or the KTVQ issue. A scheduling conference will take place later this month on the Erekson suit. A trial is scheduled for late June on the Eastman suit although the plaintiff’s attorney has asked for that trial to be continued. Superintendent Svee stated the District would not agree to an extension as this case has gone on for a long time. The court did not order the District to pay the legal fees for the Gazette in the Skyview matter. For the District, the matter has been resolved but the teacher’s union may take issues to the Supreme Court.

 

Mr. Weldon reported three of the five bills the District advanced at the 2005 Montana Legislature have become law. Trustee Moses reported MQEC has continued to meet. The Remedy Committee will meet on May 26th, at which time she would be able to give an update. The Chair stated Jack Copps would be at the regular June meeting to give an update. Trustee Stroebe suggested the Board meet to discuss the long-term solution from this point of view in Billings and give that to MQEC. Superintendent Svee reported he went to the first committee meeting and is planning to attend each meeting. He will tell the committee when he feels they are headed down the wrong path. Mr. Svee stated he has concerns about the process and the timeline. He suggested the Board have the discussion on the issue after it is more defined.

 

Mr. Weldon reported Mr. and Mrs. Opie have filed an appeal on one of the internal complaints. The District has moved for dismissal due to a lack of jurisdiction. The County Superintendent should rule soon on the appeal by the Opies. Trustee Goodrich made the following motion with a second by Trustee Getz:

 

Motion to approve the long-term suspensions:

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously.

 

Mr. Weldon stated a suit has been filed by the School District of Pontiac, Michigan to challenge No Child Left Behind (NCLB). NCLB cites that no state shall have to spend its money for NCLB but that has not happened. Mr. Weldon reported he would watch the case closely and report to the Board.

 

Superintendent’s Report

 

Superintendent Svee reported on the following administrative changes for the 2005-06 school year:

 

Kevin Croff – Principal, Meadowlark Elementary

Lorrie Wolverton – Principal, Miles Avenue Elementary

John English – Principal, Bench Elementary

Kyra Gaskill – Principal, Ponderosa Elementary

Troy Zickefoose – Associate Principal, Riverside Middle School

Lewis Anderson – Principal, Riverside Middle School

Stan Barr – Director, Career Center

Tom Willis – Director of Vocational Program Development, Career Center

Danette Cerise – Associate Principal, Skyview High School

Dennis Holmes – Associate Principal, Senior High School

 

Mr. Svee stated the following four Integration Specialists would be reassigned: Desiree Caskey; Elizabeth Waddington, Gayla Bradberry, and Doug VanZee. The reassignments would result in the loss of jobs for Molly Reas, Justin King, Stacy Rambold, Adrienne Loveridge, and Michelle Reiter. Mr. Svee felt he could place three of those teachers in positions as openings become available, which would result in an actual reduction of only 1.4.

 

Eileen Sheehy, Peter Gesuale, and Mike Caskey spoke on behalf of the Integration Specialists. They felt the reassignment would have an impact on student learning, teachers and larger classrooms. Mr. Gesuale stated the Business Committee had never reviewed the cuts and deficits still exist in the budget. He urged the Board to reinstate the nine positions and do something positive for the students, such as starting the reading program at Senior High and addressing AYP.

 

Personnel Report

 

Superintendent Svee reported there is a recommendation for non-renewal with cause and non-renewal of non-tenured teachers due to budget considerations. The Chair determined it was a matter of privacy and closed the meeting.

 

The meeting reconvened at 11:05 p.m.

 

Trustee Goodrich made the following motion:

 

Move to pass the Personnel Report subject to the caveat that the matters raised in Addendum A be tabled and

heard at the next possible opportunity by the Board so that these decisions are made with the benefit of sleep,

clarity and thinking time.

 

Superintendent Svee reported the Board voted on April 25th for the reduction of 4.4 FTE. He asked the Board if it were reconsidering the vote of April 25th. The Chair stated the motion was to consider the non-renewals when the members weren’t so tired. Trustee Goodrich reiterated that his intent was to table the matter concerning the termination of a non-tenures teacher for cause and also any further discussion on the rest of the matters listed on page 123 of the Board packet, which would include the nine FTE. Trustee Moses did not want to hold up the Personnel Report but she felt doors were being closed to have a conversation on the recommendation. Trustee Stroebe did not feel he voted on April 25th to remove positions. He felt the priorities were to be as far away from the classroom as possible. Trustee Goodrich withdrew his motion.

 

Trustee Stroebe stated his point of order that the nine positions to be addressed were not listed in the agenda of April 25th. Trustee Goodrich made the following motion with a second by Trustee Moses:

 

Move to table the non-renewal with cause issue until the next possible Board meeting to consider the import

of what we heard in closed session.

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously.

 

Trustee Moses made the following motion with a second, for the purpose of discussion, by Trustee Guthals:

 

Move to table the entire Personnel Report until a meeting time can be arranged.

 

Trustee Guthals asked what the impact would be if the Personnel Report were to be tabled. Superintendent Svee reported all the people listed on the Personnel Report would be in limbo until the report is approved. The long-term certified positions would still be employed if the report were not approved by May 28th. There is an administrator coming from out-of-district who has turned down another contract and the District could lose him. Trustee Getz called for the question, as the Board did not know what the budget implications would be. Those voting in favor of the motion to table were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Karen Moses, Sandra Mossman, and Conrad Stroebe. Katharin Kelker voted against the motion. The motion carried. Superintendent Svee asked for direction from the Board as to the position to be filled by an outside person.

 

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

 

Motion to approve Troy Zickefoose as Associate Principal at Riverside Middle School.

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously.

 

Policy Review and Revision – Second Reading of Proposed Changes to Policy 1310

 

The Chair delayed the policy review on Policy 1310 until the next meeting.

 

2005-2006 School Calendar

 

The School Calendar will go through the School/Community Committee.

 

Consent Agenda

 

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

 

Motion to approve the Consent Agenda.

 

Those voting in favor were Dawn Achten, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, and Conrad Stroebe. The motion passed unanimously. Items contained in the Consent Agenda are as follows:

Regular Board Meeting Minutes, April 18, 2005

Special Meeting Minutes, January 6, 2005

Special Meeting Minutes, April 25, 2005

Special Meeting Minutes, May 2, 2005

Education Committee Minutes, April 11, 2005

Business Committee Minutes, April 11, 2005

School/Community Minutes, April 11, 2005

School/Community Minutes, March 14, 2005

Audit Committee Minutes, April 13, 2005

Audit Committee Minutes, April 20, 2005

Request for Additional 3 FTE

Audit Contract for Years, 2005, 2006 and 2007

Tuition Rates 2005-2006 School Year

Rimrock Stages Contract Renewal

 

Calendar/Agenda Planning

 

The following are the future scheduled meetings and events:

 

Wednesday, May 18, 2005 – Adult Education Graduation

Friday, May 20, 2005 – Crossroads Graduation

Sunday, May 22, 2005 – Skyview Graduation

Sunday, May 22, 2005 – Senior Graduation

Monday, May 23, 2005 – West Graduation

Tuesday, May 24, 2005 – Special Meeting/Board Orientation

Wednesday, June 1, 2005 – Agenda Setting Meeting

Monday, June 13, 2005 – Committee Meetings

Monday, June 20, 2005 – Regular Board Meeting

Monday, June 27, 2005 – Board Retreat

 

As there was no further business, the meeting adjourned at 11:30 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

Diane Blevins, Recorder

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