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Special Meeting of September 26, 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

 

September 26, 2005

 

Call to Order

 

The Special 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, September 26, 2005, at 5:30 p.m.

 

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

 

Roll Call

 

Those present included Trustees Katharin Kelker, Joel Guthals, Sandra Mossman, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Sandra Mossman and Karen Moses. Also, Clerk Leo Hudetz, Superintendent Rod Svee, John Andrews, Janet Baum, Lana Lynch, Curt Prchal, Allan Audet, Jeff Greenfield, Steve McCracken, Duane Bakken, Scott McCulloch, Mark Wagner, Dan Martin, Nancy Hines, Shannon McAuliffe, Thomas Harper, Dennis Stellingwerf, Ray Kuntz, Jeff Weldon and Shane Swandel.

 

Collaborative Bargaining Training

 

John Andrew reviewed the agenda for the interest-based bargaining training session, of which he has worked as a facilitator for the District in the past. The collaborative approach to collective bargaining usually has the groups on opposite sides of the table. There will be disagreements in bargaining, which is a normal part of labor negotiations. Interest-based bargaining is looking at the underlying issues.

 

Mr. Andrew reported the groups involved in interest-based bargaining should limit the issues to an agreed upon number of crucial items. Insurance and benefits are large items as are maintenance of benefits for the BEA. The groups should also determine how many people are going to be on the bargaining team. The process also might call for a minute taker that both parties can agree upon and newsletters that would go out to the constituents. Trustee Kelker stated the BEA and District teams took turns taking the minutes during the last negotiation session and it was sometimes difficult deciphering the intent. The groups must always agree on language and substance of what was agreed upon.

 

Steve McCracken, MPEA, felt it was better not having an attorney on the management team. The Chair stated the Trustees couldn’t meet as a Board without 48 hours notice which makes negotiations a little more difficult. Both teams must also agree on the numbers. Mr. Andrew further stated the bargaining teams must agree on what determines a quorum, where the meetings will be held, and how long they will meet. All cell phones and other electronics devices should be banned from the meetings. Trustee Kelker stated the BEA negotiations might take longer as the insurance issues are maintenance of benefits in their contract.

 

Trustee Getz felt, as the financial picture is still unknown, negotiations could not start until January. The Chair stated April might be the earliest due to the legislative timetable. The following are the teams of Board members for the negotiations:

 

BCEA – Joel Guthals and Mary Jo Fox

MPEA – Conrad Stroebe and Karen Moses

BEA – Malcolm Goodrich, Katharin Kelker, and Sandra Mossman

 

The Chair stated the next step would be to have preliminary ground rules type meetings and getting the right people together to do that might take a while. She felt a time frame was needed. She suggested all groups should take time to consider Mr. Andrew’s list of questions before the preliminary meeting on ground rules. The union groups will get back to the administration on times available for meetings.

 

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.

 

Update on Elementary Bond Projects: Boulder and Ponderosa; Elementary Bond Change Orders for Meadowlark and Orchard Projects

 

Superintendent Svee reported there will be change orders on the Boulder and Ponderosa projects to come before the Board for approval. The receipt of the Boulder change order is expected on Thursday and the contractor is actively working on the project. The change order for Ponderosa is $263,000, which is considerably higher than would reasonably be expected. Mr. Whitney reported they would take their time to review the order before approving that order. A special meeting would be called to approve the change orders for Boulder and Ponderosa in the near future. Board approval is needed for change orders over $10,000. The Board liaison on the projects can approve change orders under $10,000. Trustee Goodrich reported the Ad Hoc Subcommittee might have to meet once a week because of the turn around time on these projects. He stated the committee could meet at a moment’s notice.

 

Trustee Goodrich reported the subcommittee met last week and was given a step-by-step review of the projects since their approval by the Board. The central purpose of the meeting was to not assign blame, but looked at the delays that occurred and discussed how to move the projects forward as we are behind schedule. Trustee Goodrich stated his main concern was where the District was on the bond issue. There were a few things taken out of the bond projects and put into the building reserve. The contingency situation is also a concern. One concern for administration and the subcommittee is the Board is being asked to approve change orders on projects, there may be other change orders in the future and the contingency is being used up at this time.

 

A delay on the projects helped the District as it received interest on the funds from the bond of $227,000. There is a contingency of $321,000 at Orchard and $99,000 at Meadowlark. There is an excess of $600,000 available for the projects. The estimated total change orders are within $600,000. Trustee Guthals, stated he was not authorized to vote on elementary issues as a member of the subcommittee, but asked if the Superintendent could be given the authority to approve the change orders due to the turnaround time. Jeff Weldon, District legal counsel, stated he saw no issue in the Superintendent signing change orders on behalf of the District. Chair Kelker stated, whenever the Superintendent acts on behalf of the subcommittee, the entire Board should be notified. The issue will be noticed for the next meeting.

 

Rich Whitney, Director of Facilities, and Shane Swandel, District Owner/Rep, gave an update on the elementary bond projects. Mr. Whitney reported the change order for Meadowlark by Fisher Construction is for $45,000. Mr. Swandel stated the change order is from a steel structure to a wood structure for mechanical units. After reviewing the costs, Mr. Swandel reported the costs were reduced from $66,000 to $45,000. Trustee Fox asked what they had traded off for speed. Mr. Swandel responded that nothing was lost but he was unsure what amount of credit there was as the contractor may have doubled a credit.

 

Trustee Getz asked, as approximately one-half of the contingency has been used, what is the percentage of completion for the projects? Mr. Swandel stated the project was 31% completed at the end of August. He did not like to use contingency in the middle of the project and would prefer the use of contingency when project completion is at 75%. Trustee Getz made the following motion with a second by Trustee Goodrich:

 

Motion to approve the change order of $45,000 for the Meadowlark project.

 

Those voting in favor were Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Karen Moses and Sandra Mossman. The motion passed unanimously. High school Trustees are ineligible to vote on elementary issues.

 

Shane Swandel reported the change orders for Orchard was $147,259 but dropped to $128,487 after his value analysis. There is also extra work expected for the extra dumpster site and chalkboards from Hardy Construction. The projected completion date is October 10, 2006. The students would be able to begin school in August. Hardy Construction wants to be able to tear down the old portion of Orchard as soon as everything is moved out after school is out in May. Trustee Getz made the following motion with a second by Trustee Mossman:

 

Motion that the Board accept change order items as detailed in the September 14 package and as negotiated

downward in the amount of $128,000 plus up to $32,000 for future change orders related to the dumpster site

and chalkboards.

 

Those voting in favor were Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Karen Moses and Sandra Mossman. The motion passed unanimously. High school Trustees are ineligible to vote on elementary issues. The change orders will have the non-waiver language that was discussed at the committee meeting.

 

Budget Formation Process

 

The Chair stated this item came at the request of the Vice-Chair and Chair. Steve Struthers of Public Strategies Group gave a presentation at the Business Committee meeting. The Chair and Trustee Goodrich felt it would be good to have a retreat with the Board and the COLT team. The proposal from Public Strategies Group for the budget process for the 2006-07 school year is $16,500. The retreat would be for a full day. Trustee Goodrich stated the budget would not be status quo but needed to be innovative due to the funding challenges the District is facing and a facilitator would be a good thing. Trustee Getz stated there was a desire in the Business Committee to make fundamental changes in the way they budget. If the experience in the past of going to the voters is any indication, the District has to do something different. It is important to change the way it budgets making it more unifying, realizing it will create some anxiety. Trustee Getz felt this process would develop some trust from the public.

 

The Chair asked if there was any interest from the Board members to have a joint retreat with COLT and how to go about paying for the facilitator. Trustee Guthals stated he was in favor of meeting with the Board and COLT to discuss the budget process but hoped a facilitator would not have to be hired as they could rely on administration. Trustee Mossman stated Mr. Struthers presentation was excellent and quite clear there were negative feelings from administrators of going to such a process. There is obviously a need to mend any rift that exists in a change of process. It is critical to bring in an outside person to bring us together in a sense of purpose. She was reluctant to rely on an existing administrator because of this issue. She supported the concept and idea. Trustee Stroebe felt a meeting between administration and COLT was needed and wanted Mr. Struthers to facilitate. He suggested new revenues be reviewed also. Trustee Fox agreed with meeting with the COLT team with the meeting being led by Mr. Struthers. Trustees Moses and Goodrich also agreed to the meeting with COLT and Mr. Struthers. The $16,000 cost could be covered by indirect funds from federal grants.

 

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

 

Move that the Board through the process of facilitation utilizing the presence of Public Strategies Group engage in a

retreat with COLT to review and reflect upon the budgeting process for next year and future years and that as part

of the implementation of the facilitation of that presentation that we spend the amount of $16,500 to obtain those services.

 

Trustee Stroebe suggested principals also be involved in the process. The Chair stated there was nothing in the comments from the Public Strategies Group that stated it was a site-based process but it is a budget process where the Board sets clear guidelines that the Board wishes to achieve. The Board is the purchaser of services and those services are offered to the Board by the managers so it would not necessarily mean that the principals would have some premier role in the budget process. Trustee Goodrich reported it is a decentralized budget process and, rather than giving the status quo, it allows all kinds of entities to come forward to make proposals which could be sites, bargaining units or members of the public.

 

Trustee Fox did not feel the Board should take some of the budgeting away from COLT, but felt schools should be doing more. Trustee Getz stated they would be designing the process this year. It will take some time from the volunteer Board to make sure it gets designed correctly. Those voting in favor were Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

MQEC Remedy Update/Interim Committee Update

 

The Chair stated the remedy materials that have come out are extremely well done and the cooperation and collaboration is something she did not expect to see. Trustee Moses reported she attended the MQEC meeting on Tuesday and the vote was unanimous. The proposal was given to the press the next day. The highlight was the $400 students per high school issue. Trustee Mossman stated there have been several compromises in the Interim Committee. Representatives Glasser and Lewis made the proposal that everyone had been hearing about in the area of $100,000,000 extra. They have not addressed how much is local and how much is state. Funding has not been discussed. Everyone is working on the classroom model, which is very complicated and tied to educationally relevant factors. The proposal did include additional funding for gifted and talented and at-risk but not all districts have a large at-risk population. There will be at least one more meeting, with the next meeting on Friday.

 

Superintendent Svee stated he was grateful in having Trustees Mossman and Moses attend the meeting. The only ones who have spoken from the staff group are from the governor’s staff and legislative services. This last week, the State Superintendent’s staff was not at the table. Current expenditures are not based on the definition of quality education and the Supreme Court stated they are not adequate. Superintendent Svee was pleased that they have a formula for their accreditation standards. Trustee Stroebe felt the District should push for MQEC to be back in court next Monday, as the deadline set by the court will have passed.

 

As there was no further business, the meeting adjourned at 9:30 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

Diane Blevins, Recorder

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