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Regular Meeting - July 18, 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

 

July 18, 2005

 

Call to Order

 

The Regular Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and the High School District, Yellowstone County, Montana was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, Monday, July 18, 2005 at 5:30 p.m.

 

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

 

Roll Call

 

The following were members and officers were present at the meeting: Katharin Kelker, Superintendent Rod Svee, Joel Guthals, Mary Jo Fox, Dale Getz, Sandra Mossman, Karen Moses, Dawn Achten, Malcolm Goodrich, Thomas Harper, Karen Moses, Clerk Leo Hudetz, David Williams, Conrad Stroebe, Richard Whitney.

 

Guests present included: John Fitzgerald, Nancy Hines, Mr. Chuck Schiewiller, Jim Bauer, Kim Palmeri.

 

Resolution to Improve School Board/Community Communications

 

Joel Guthals explained the proposal. He stated that the fourth item, Communications from the Public, stated two minutes per person shall be allocated is more of a guideline rather than a rule. Regarding the first item, Questions and Answers from the Public, he explained that he is requesting that the public submit their questions three days prior to the meeting in order that a proper response can be given by the Superintendent or the Board Chair. The second item, The Superintendent’s Report, is to contain items of interest about the district and developments about the district. Mr. Guthals stated that the Board Chair will have the authority to provide guidelines on the public communications. People addressing the Board should state their name, address and occupation.

 

Karen Moses stated that this resolution is an attempt to resolve the issue of not responding to people coming to the meetings because of no notice given of their issues.

 

Kathy Kelker stated that the items in the resolution are standard operating procedures and do not conflict with policies. Kathy Kelker would like to call the Superintendent Report “News of the District” to prevent confusion with the current Superintendent’s Report.

 

Mr. Chuck Schiewiller stated that limiting the public communication already exists in the policies 1420 and 1421. Conduct of meetings is also contained in the current policies. He stated that it should not be necessary for someone to identify their occupation which could cause classification and is unnecessary.

 

Chair Kelker stated that she would like to go through the recommendations in the resolution one at a time.

 

Conrad Stroebe stated that since there are already policies in place to deal with these issues, where will they go? Chair Kelker stated that they are just to guide behavior and just go in the minutes.

 

Questions and Answers to Enhance Public Understanding. Kathy Kelker stated that this requires questions to be submitted in writing three days in advance of the meetings so they can be included in the agenda packet. Superintendent Svee stated that these would have to be done three days before the agenda packet goes out or the Monday before the meeting. Joel Guthals moved to approve Questions and Answers to Enhance Public Understanding to remain in effect until June 30, 2006, subject to amendment or extension upon resolution adopted by majority vote of the Board. The motion was seconded by Dale Getz. There was no further discussion of this item, and the motion passed unanimously.

 

Superintendent’s Report. At each regular meeting a maximum of ten minutes shall be allocated for a Superintendent’s report or other members of the staff. Joel Guthals moved to adopt the Superintendent’s Report with a sunset of June 30, 2006 subject to amendment or extension upon resolution adopted by majority vote of the Board. Dale Getz seconded the motion and it passed unanimously.

 

Communications from Board Members. At every meeting of the Board, two minutes per Board members shall be allocated for members to address the Board concerning ideas and concerns about School District 2 and Board matters. Joel Guthals moved to approve Communications from Board Members to remain in effect until June 30, 2006, subject to amendment or extension upon resolution adopted by majority vote of the School Board. Trustee Getz seconded the motion. All members voted in favor of the resolution and it passed unanimously.

 

Communication from the Public. Joel Guthals moved to approve this resolution with corrections as follows: At each meeting of the School Board, the Board Chair shall use the guidelines of 2 minutes per person with no more than 10 minutes per subject for citizens to provide comments. He stated that it was not the intent to be limiting the right to address the Board but to give guidelines. Dale Getz seconded the motion. Conrad Stroebe moved to change the 2 minutes to 3 minutes and to remove more than 10 minutes and to remove the request to give address and occupation. Malcolm Goodrich seconded this motion. Dawn Achten stated that the address would be helpful because of the different trustee districts and knowing their constituents. Dale Getz asked about knowing if someone was outside the district and felt the address was important. Conrad Stroebe feels that the address should not be given because of the public nature of the meetings and the protection of the person. It would be helpful to know their trustee district or school. Malcolm Goodrich seconded Conrad’s motion concerning the address issue. There needs to be some control over length. Karen Moses stated that all persons addressing the Board should identify themselves and the district in which they reside. Rod Svee suggested that they state their location and school district. Kathy Kelker stated that occupation should be eliminated. Kathy Kelker stated that it is necessary for the Chair to have some flexibility because they have to be able to deal with the issues at hand.

 

The Chair called for a vote on the amendment. Kathy Kelker, Karen Moses, Mary Jo Fox, Malcolm Goodrich, Joel Guthals, and Sandra Mossman voted for the amendment. Dawn Achten, Joel Guthals and Dale Getz voted no on the amendment. Chair called for a vote on the Communications from the Public resolution. The motion failed unanimously.

 

Conduct of Meetings. Kathy Kelker stated that this is the job of the Chair and this resolution is not necessary because it is already in policy. There was no motion concerning this resolution.

 

Communication from the Public

 

Dorothy A. Clark, retired teacher, addressed the Board. She is upset about the insurance rates. Her insurance is taking more than half of her retirement check. She urges the Board to look at insurance rates.

 

Informing the Public

 

There were no questions received by either the Board Chair or the Superintendent.

 

Approval of Agenda

 

Dale Getz moved to approve the agenda as submitted. Malcolm Goodrich seconded the motion, and it carried unanimously.

 

Bills Paid – June 2005

 

Thomas Harper explained that he is in the process of closing the books for the fiscal year. The general funds will be left with $100’s rather than $1,000’s over budget, meaning there will be very little surplus at year end. He will present the financial reports to the Business Committee next month. Conrad Stroebe complained that we do not have anything to look at and stated that this has never happened before. We should have the financial reports no matter what shape they are in. Thomas Harper can provide them. Dale Getz feels it is more important to get the reports after closing instead of interim reports which give improper perception of status. Kathy Kelker asked if anyone else wanted to see the reports.

 

Conrad Stroebe stated that we need to look at bills paid also. Looking at any of the financial reports is very important. Sandra Mossman asked if all line items closed on all programs or is money being moved. Thomas Harper said the total fund is closed but we still have activity that is previous year activity, still posting bills to the prior year at the current time. Dale Getz stated that he takes his fiduciary responsibilities very seriously and he feels that the year end closing needs to be done properly because it is subject to audit. Financial reports will be brought in August to the Board. Joel Guthals stated that, like Conrad, he would like to see the regular reports.

 

Kathy Kelker asked for a consensus. It was the general feeling of the Board that the financial reports come to the Board in August. Thomas Harper stated that he would post them on the email system.

 

Malcolm Goodrich moved and Dale Getz seconded approval of bills paid for the month of June 2005. The motion carried unanimously.

 

Statement by the Board Explaining and Supporting the Mill Levy Election

 

Katharin Kelker read a statement explaining and supporting the upcoming mill levy election. She stated that the Board had voted to approve a $3.4 mill levy election which will be held August 2. The opportunity to have an election at this time was given to us by the Legislature. The elementary levy will be to fund the reading program “Read 180” in grades 1-4 which staff has been researching and will fund technology, computers in libraries and classrooms. The high school levy will fund textbooks (regular purchase of textbooks), computers, safety issues including in the chemistry labs. The elementary portion will provide $1,039,329, 7.38 mills or about $13 per year on a $100,000 home. The high school portion will provide $2,429,621, or 13.59 mills about $26 per year on a $100,000 home.

 

Conrad Stroebe asked if the statement was available in writing. He stated that we are not just doing it because we can, but rather because we see the need for the items, services and equipment it will provide.

 

Joel Guthals thanked Mrs. Kelker for her comments. He added that we are immersed in issues caused by chronic underfunding for years. He stated that the cost per household is minimal which when joined together makes the total. He encourages everyone to vote.

 

Salary Adjustment for Superintendent and Clerk/Internal Auditor

 

Rodney Svee recommends that Leo Hudetz get the rate the same as the other administrators which was 3 percent and increase his time. Mr. Svee stated that he does not negotiate his own contract and asked to be excused from the meeting. Mr. Hudetz chose to leave the meeting for this item as well.

 

Conrad Stroebe stated that there was nothing noticed in the agenda item as far as a salary rate change so he does not feel it can be voted on at this time. Kathy Kelker stated that she has a difference of opinion about what needs to be noticed as far as open meeting law is concerned, and she feels we do not have to provide specifics in the agenda item. Jeff Weldon will present on this in August.

 

Sandra Mossman stated that she thinks most of Leo’s time is spent at Board meetings. Kathy Kelker stated that over the years the Clerk’s job has changed from taking the minutes. The Business Manager was separated from the Clerk and the Clerk reports more directly to the Board. Leo is doing some things of the in-house counsel at this time.

 

Malcolm Goodrich commented that they tried to stay consistent in the percentage increase for other groups. Joel Guthals concurs with Conrad Stroebe about open meeting laws. Public needs to know the base salary of the proposed adjustment. It was the consensus of the Board that all of the financial information will be provided on the next agenda: salary, hours, percent increase and cost.

 

Dale Getz stated that 3 percent of Leo Hudetz’s salary is reasonable. Malcolm Goodrich moved to approve the base increase of 3 percent for the coming fiscal year for the Clerk/Internal Auditor. Mary Jo Fox, Dale Getz, Malcolm Goodrich, Kathy Kelker, Karen Moses and Sandra Mossman voted aye. Dawn Achten, Joel Guthals and Conrad Stroebe voted no. The motion carried.

 

Kathy Kelker stated that the Superintendent has not had a cost of living increase. Malcolm Goodrich made a motion to increase the Superintendent’s salary by 3 percent for next year. Dale Getz seconded the motion. Thomas Harper stated that the Superintendent’s salary had been increased last year but he was not sure of his present salary.

 

Conrad Stroebe made a motion to table this item. Joel Guthals seconded the motion. The voting in favor of the motion to table were Dawn Achten, Joel Guthals, Karen Moses, Sandra Mossman and Conrad Stroebe. Mary Jo Fox, Kathy Kelker, Dale Getz and Malcolm Goodrich voted against. The motion carried.

 

Special Education Staff Increase

 

Dale Getz explained that the Business Committee had considered this item and considered it non-discretionary. The funding will be from federal funds. Karen Moses mentioned that nursing services need to be increased.

 

Conrad Stroebe moved to approve the additional special education staff FTE at a cost of $224,000 in accordance with the agenda item. Joel Guthals seconded the motion. All members voted in favor of the motion and it passed unanimously.

 

Comprehensive Insurance Renewal

 

Dale Getz stated that he would like to compliment Thomas Harper on the great work he did on this. A consultant was used to go out for bid on the comprehensive insurance. It was a good move to bid although it should not be done every year. Kathy Kelker stated that having the consultant was very helpful. Dale Getz noted that this is a three-year contract.

 

Malcolm Goodrich moved and Joel Guthals seconded that the Board approve renewal of Comprehensive Insurance with Payne Financial Group Inc. for a three-year contract beginning with the 2005-06 year. The motion carried unanimously.

 

Malcolm Goodrich moved and Joel Guthals seconded that $151,383 be transferred into the Internal Service Fund (279) to create a reserve for paying deductibles relating to comprehensive insurance. The motion passed unanimously.

 

Review of 2004 Elementary Bond Projects

 

David Williams was present to review the status of the elementary bond projects. He stated that we are in the process of working on five major projects at Orchard, Ponderosa, Meadowlark, Boulder and Highland with anticipated completion dates of about December or January and some before school. He stated that we are currently about 3.5 months late on each of those projects because of the lateness of approval of the building permits. All permits have been acquired now.

 

He is now in the process of meeting with the architects, Rich Whitney, the contractors and the principals at the elementary schools. He is hopeful that we will be able to open all of the elementary schools on time in the fall but will need occupancy permits for some of those schools.

 

Dawn Achten asked what plans have been made if the schools cannot be opened. Dave Williams stated that plans include putting some students in the middle school areas, putting them in churches, putting them in other elementary schools, bussing them to different locations. Dawn Achten asked about the increased cost of transportation and who would pay for that. Jeff Weldon would have to answer who is responsible.

 

Mr. Williams stated that we are going to have a difficult situation because of the increased costs. His number one priority is having a suitable learning environment.

 

Joel Guthals asked why there was the problem with the building permits, was it a problem with the school district, architect or with the city. Mr. Williams stated that he did not have specific reasons. One reason was that some of the buildings were classified as a shelter. The Superintendent had to write to the city to drop the agreement with the Red Cross to use the buildings as a shelter. There was also a problem with what to do with the doors at Orchard. The city is using a new set of standards now.

 

Joel Guthals asked if it would help for the Board to express its concern to the city and the implications of this process on our schools and our funds, one agency slowing down the process? Dave Williams stated that it would be great to encourage them to work with us and us to work with them. Karen Moses stated that it is a challenge and it is important that we take the use of those dollars seriously.

 

Dale Getz asked if there was any indication of cost overrun. Superintendent Svee stated that if there are cost overruns, it will require a legal analysis to determine who will pay.

 

Malcolm Goodrich asked if they are 3.5 months behind why wasn’t the Board notified earlier. Mr. Williams stated that the Superintendent had regular reports. The Superintendent stated that we needed to get the permits and get construction started. He has been working through that process.

 

Dawn Achten asked for an update on Newman. Rich Whitney explained that there are a lot of other projects being done in the district which are part of the building reserve, not bond projects. The HVAC project at Newman is part of the building reserve projects and is on schedule.

 

Kathy Kelker said that Board members will be assigned to each of the projects. Rich Whitney stated that there are regular progress meetings with the contractors, architects, city, and Board members can be involved in those meetings.

 

Jim Bauer, architect, was present at the meeting and gave a review of the entire process. He stated that the plans were submitted to the city in late January or February. He stated that temporary occupancy permit arrangements have been made with the contractors and sub-contractors. Mr. Bauer said that a reason for the delays was that the city is following new inspection guidelines, and there was a large number of exceptions noted by the city regarding the plans. It took time for his firm to address these exceptions.

 

Rich Whitney stated that upcoming meetings are scheduled as follows: tomorrow morning Orchard 9 a.m., Ponderosa 10:30, Thursday Boulder 1 p.m., Meadowlark 2:30. He stated that they are meeting weekly. Rod Svee will put a regular update on the agenda.

 

Joel Guthals would like the architects and contractors to understand that the School Board wants to light a fire to get the schools done for the students, it is the highest priority. Rod Svee stated that this has been expressed and the Board is welcome to attend any of the meetings.

 

Kim Palmeri, building official of the City of Billings, was available to give his update on the projects. He stated that all permits have now been issued. He explained that it took two months to go through the entire process for Orchard. There is lots of code to go through on a school, and there was not enough time. The process should have been started earlier. Schools are more complicated. There are ADA codes, energy codes, etc.

 

Trustee Guthals asked how long it takes to get a certificate of occupancy approved. Mr. Palmeri stated that inspection would be done within a day. The Fire Department will have to sign off on the certificates also.

 

The Board recessed at 7:57 and reconvened at 8:08.

 

Daylis Stadium Update

 

Dave Williams stated that we have started planning for construction of the bleachers, moving ahead with the design specifications. They are considering bids for pre-cast concrete and for I-beam steel bleachers. He hopes to have something in place by the end of the football season this year. They are looking at 500 additional temporary seats in each end zone. There is a funding drive for the rest of the stadium. They have had conversations with committee members about the process of raising funds. Fund drive members from booster groups from all three high schools, maybe from a community group, and other members of the public have expressed interest with the funding project. If members of the public are interested in this effort, they should call Dave Williams. Rod Svee stated that a variance has to be approved. Dave Williams stated that we have to get a variance from the city and hope to have it by August 2nd. There weren’t the same set-back requirements when it was built. The architectural company is Space Planning for People.

 

Conrad Stroebe questioned the need for a set-back if it would involve safety factors. Mary Jo Fox asked about major donors to this project. Dave Williams stated that one major donor has turned down the project, and the other is having discussions within their organization. $1.7 million is needed to fund this project.

 

The zoning code variance goes through the Planning Department at the City. The set-back requirement is now 10 feet and was zero when Daylis was built.

 

Conrad Stroebe stated that this kind of project more correctly belongs with the booster groups and the Foundation. Mary Jo Fox stated the initial amount for the bleachers is a loan and should be paid back. Dave Williams stated that was not the Board’s action. The motion was to use the proceeds from the Skyview bonds. The bleachers are school district property. The plan is to raise about $1.5 to do the rest of the improvements to the stadium. The boosters have started to raise money.

 

Superintendent’s Report

 

The Superintendent presented a work plan for the common end times for primary and intermediate grades. This will increase the primary student day, increase instruction. Mary Jo Fox asked if it was agreed to have the recommendation back to the Board by October. The big issue is teacher prep time. The BEA rep on the committee is Juline Kosmicki. The committee was formed at the request of the School/Community Committee at their meeting. Dawn Achten feels there may be more people interested in serving on this committee. Rod Svee stated that it is just in the discussion stage now. Sandra Mossman was concerned that the representation seems to be mostly westend and no one from downtown area.

 

Superintendent Svee mentioned that this item is for information only. It was recommended that each zone or someone from each school be on the committee. Dawn Achten will help Mary Jo Fox on this committee, Mary Jo will be the chair. The BEA rep will ask other teachers to participate. All committees will be informed on this and it will come back to the agenda setting for progress reports. Conrad Stroebe asked how serious the elementary board is to take on this extra cost. Conrad also mentioned that he would like to know the impact, if any, on the feeder schools. Robin Bedford will be the administrative liaison and Kathy Olson will organize the meetings. Joel Guthals stated that there should be notice to the public of this kind of information. Rod Svee stated that it will go to the agenda setting meeting in August, but at this point, it is simply a work plan.

 

Mr. Svee continued with his report on high school facilities use. He wants consideration of a bond issue in November and stated that the Board needs to move forward in August with a plan to deal with renovation and overcrowding. He stated that if you only consider renovation you don’t solve the problems. He stated the Board would need to address these issues by: 1) hiring a consulting firm, or 2) using one of three architectural firms that put the initial bond issue together in order to have a reasonable chance to put a bond issue together in November. The difference in the 20-year committee’s report on addressing the overcrowding issues is philosophical. Their guiding principle was not to have new construction. The Board needs to have a review of differences between the approaches.

 

Trustee Kelker stated that there is a study session planned for Monday night, July 25th to review high school planning. Dale Getz is working on a feasibility study to narrow down four architectural firms to one. Joel Guthals also served on this committee but has had to recuse himself because of a conflict of interest in that one or more of the firms is also a client of his business. Conrad Stroebe feels that the Board should consider bringing in an educational consultant. The facility reflects the educational plan not the other way around. Mr. Svee stated that this is an information item and is offered as “food for thought” for the Board.

 

The Superintendent stated that the interim legislative committee addressing school funding will meet this Thursday and Friday in Helena. Our district has completed their survey and it will be submitted by July 25th. There have been some problems with the survey. Conrad Stroebe requested that the Board receive a copy of the survey.

 

Monthly Legal Report

 

Jeff Weldon, Legal Counsel, is on vacation and his report is contained in the Board packet. Rod Svee stated that #6, M.T. v District 2, on his report has been postponed, and #7, the Gazette has filed an appeal for attorney’s fees. In August Jeff Weldon will cover the district’s email situation and the need of prior notice of meetings and materials that must be included to meet open meeting requirements.

 

Rod Svee mentioned that Mr. and Mrs. Opie have appealed their complaint to the State Superintendent of Public Instruction level from the County Superintendent of Schools level. Joel Guthals stated that #3, KTVQ v District 2, has also been activated.

 

Personnel Report

 

Dale Getz made a motion to accept the recommendations as presented in the personnel report. Conrad Stroebe seconded the motion. The motion passed unanimously.

 

Consent Agenda

 

Trustee Goodrich made the following motion with a second by Trustee Getz: approve and accept the items within the Consent Agenda without objection to recommended action.

 

Trustee Moses stated that she was unable to find the School/Community Committee minutes on the website to review prior to the meeting. She was assured that they were available but the Education Committee minutes were available just this afternoon because of a problem posting to the site. Conrad Stroebe feels that the public needs to have access to all the information.

 

A vote was called. Those members voting in favor of the motion were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Kathy Kelker, Sandra Mossman and Conrad Stroebe. Joel Guthals and Karen Moses voted against the motion. The motion carried.

 

The following items are contained in the Consent Agenda:

 

Regular Board Meeting Minutes, June 20, 2005

Special Board Meeting Minutes, June 16, 2005

Special Board Meeting Minutes, June 20, 2005

Special Board Meeting Minutes, June 23, 2005

Special Board Meeting Minutes, June 29, 2005

Education Committee Minutes, June 13, 2005

Business Committee Minutes, June 13, 2005

Business Committee Minutes, June 21, 2005

School/Community Committee Minutes, June 13, 2005

Superintendent Personal Leave Payoff FY2005-05

Addition Daylis Stadium Maintenance ECA Account

Job Reclassification

Grand Avenue

Incremental Decision Unit Budgeting

Strategic Plan 2005-2006

Partnership Agreement with Young Families Early Head Start

Dissolution of Shiloh Drainage District No. D00326 and D00327

 

Communications from the Board

 

Sandra Mossman stated that 180 invitations were sent out for “An Evening for Education” event which was to be held July 19th. It was postponed until September due to people having too many conflicts this time of year. She stated that everything was donated. On September 11 and 12 the state will have an MQEC meeting. The next event may be planned for the following week.

 

Mary Jo Fox stated that they have had two school tours, one for Senior High and one for West High. Skyview is tomorrow at 1:30 and Eagle Cliffs next Tuesday at 1:30. These are to check the schools over and look at line items requested by the upcoming mill levy face to face.

 

Conrad Stroebe stated that it is important to connect to kids and their schools.

 

Kathy Kelker asked who would like to serve on the oversight for the elementary bond projects. The volunteers are as follows: Boulder—Dale Getz; Ponderosa—Sandra Mossman and Dawn Achten; Meadowlark—Malcolm Goodrich; Orchard—Karen Moses and Kathy Kelker.

 

There being no further business, the meeting was adjourned at 9:25 p.m.

 

 

 

_________________________________

Katharin Kelker, Chair

 

 

 

_______________________________

Nancy Coe, Recorder

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