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Regular Minutes of January 16th, 2006 Meeting


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

January 16, 2006

 

Call to Order

 

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, January 16, 2006, at 5:30 p.m.

 

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

 

Roll Call

 

Members present included: Trustees Katharin Kelker, Sandra Mossman, Mary Jo Fox, Dawn Achten, Karen Moses, Joel Guthals, Malcolm Goodrich, Dale Getz, Conrad Stroebe, Clerk Leo Hudetz, Superintendent Rod Svee.

 

Registered guests included Karen Rice, Mary Jane Orner, Clarke Rue, Susan Daly, John Moberly, Mae Moberly, Lori Woket, Janet Baum, Lynn Jensen, Laura Tode, and David Munson.

 

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.

 

Joel Guthals addressed the Board in honor of Martin Luther King Day. He was concerned, at first, about having a School Board meeting this evening but then decided it was appropriate as it was a service to the community. Martin Luther King encouraged Americans to work together and service was the great equalizer. Mr. Guthals urged the Board to designate this day as the day for community service.

 

Allan Audet, BEA President, addressed the Board in regards to WWIDEA, which is now being called BDEA, Billings Distance Education Association. A meeting was held last Thursday to discuss the WWIDEA and how to address the students that are on long-term suspension or home bound and to provide services to the home school population. The BEA is more than willing to negotiate and work on how to meet those students’ needs. Mr. Audet reported a meeting would be held next week to discuss the MCEL approach. He voiced his concerns on the home school component, which allows for $2500 of ANB to go back to WWIDEA and providing computers for those students. The plan also calls for resource centers that would have to be developed. Mr. Audet reported the District has needs that the ANB from these students could be used. Tech support would also be needed for those students and books and curriculum materials would have to be supplied. Mr. Audet also addressed his concern over the special needs aspect. The District would be liable to provide special education services for those special needs students.

 

News of the District

 

Nancy Hines, Communication Consultant for the District, reported the middle school math day would be held on January 20th at Will James. All middle school students are eligible to participate. Two individual tests are given, as well as a team test. Mrs. Hines also reported the Zangle Parent Connection would be available for parents to obtain information about their high school or middle school child and his/her school. There have been 4,122 active users, with the number of times used at 18,746.

 

 

 

 

 

Recognition and Gifts and Donations

 

The Board recognized the National Board Certification teachers Susan Daly, Mari Jane Orner, Karen Rice, and Kim Busch. Allan Audet announced the donation of $20,000 by Mr. and Mrs. Jack Krueger to begin the Karen Krueger Cox Scholarship fun.

 

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

 

Motion to accept these gifts with gratitude.

 

Those voting in favor of the motion were Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously. The following is a list of gifts and donations that have been presented to the School District in accordance with Board policy. Such items have been incorporated into the District’s inventory and an acknowledgment of the contribution has been made to the donor.

 

Bitterroot – Shiloh United Methodist Women, hats, gloves and warm clothing

Melodee Haagenson, Christmas tree and CD player

Central Heights – Mr. and Mrs. Michael Stock, money

Dr. Allen Blackford, money for clothing

Mr. and Mrs. Joe Carlson, money for clothing

Highland – Albertson’s, soup labels

McKinley – PEO Chapter Y, gloves and hats

Miles Avenue – PEO Chapter Y, gloves and hats

Orchard – Downtown Exchange Club, Christmas toy for each 1st and 2nd grader

Village Golden K Kiwanis Club, money

PEO Chapter Y, box of gloves and mittens

Ponderosa – Tom Vasquez, money

KOA, money

St. Thomas Church, food baskets

West High Honor Society, food baskets

Downtown Exchange Club, travel arrangements for Santa visit

Billings West Rotary, Christmas gifts

Pat Karell, various donations

Pizza Hut, pizza for every student

PEO Chapter Y, mittens, hats and gloves

Billings Village Golden K Kiwanis, money

Career Center – OPI School Computer Program, computer equipment

District – Mary Ventling, printer

 

Approval of Agenda

 

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

 

Motion to approve the agenda as presented.

 

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

 

Superintendent Evaluation Update

 

Trustee Goodrich reported he had received 50% of the evaluation forms back by the January 10th deadline. He has extended the time in order to receive the additional evaluations. Mr. Goodrich stated Leo Hudetz would have the evaluations completed by the end of the week. The evaluation would be scheduled at the next regular meeting in February. Trustee Moses asked if it could be completed before February 1st. Trustee Goodrich reported there is no time constraint for the response. A special meeting could be scheduled at a later date.

 

 

 

Bills Paid – December 2005

 

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

 

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

 

Trustee Getz reported the Business Committee has reviewed the bills. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

The bills paid by fund are as follows:

 

Fund Description Fund Total

101 Elem. General Fund $ 365,260.70

110 Elem. Transportation 212,728.64

115 Elem. Misc. Programs 154,945.03

117 Elem. Adult Education 3,694.71

128 Elem. Technology 30,704.39

129 Elem. School Flexibility Fund 0.00

160 Elem. Building 672,878.43

161 Elem. Building Reserve 31,972.20

184 Elem. Student ECA 46,890.13

185 Elem. Misc. Trust 33,648.71

201 H. S. General Fund 314,416.18

210 H. S. Transportation 146,973.44

212 H. S. Food Services 390,643.33

215 H. S. Misc. Program 82,466.79

217 H. S. Adult Education 92,746.73

218 H. S. Traffic Education 4,412.66

228 H. S. Technology 13,378.86

229 H. S. School Flexibility Fund 11,809.40

261 H. S. Building Reserve 5,301.14

278 H. S. Self Insurance-Health 1,106,933.63

282 H. S. Interlocal Agreement 119,646.97

284 H. S. Extracurricular 169,970.02

285 H. S. Misc. Trust 23,799.38

286 H. S. Payroll 1,622,498.44

TOTAL $5,657,719.91

ACH Tax Deposits $1,487,126.72

Payroll Warrants & Direct Dep. $3,845,039.22

GRAND TOTAL $10,989,885.85

 

Financial Reports – December 2005 (Unaudited)

 

The following are the financial (unaudited) reports for December 2005:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Fingerprints and Criminal Background Investigations Policy 5021 – 3rd Reading

 

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

 

Motion to approve the Fingerprints and Criminal Background Investigations Policy 5021 on the

3rd reading.

 

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

 

Monthly Legal Report

 

Jeff Weldon reported on pending litigation for the District. The Rapp-Swecker issue is a tuition case in the elementary district; the Columbia-Falls case is the state funding case; the KTVQ is a lawsuit in both districts and stems from closed session meetings on litigation strategy and a briefing has been scheduled; the Erekson matter is a lawsuit in the high school district which has been appealed to the supreme court by Mr. Erekson. Trustee Stroebe asked if it would be possible to gain any legal fees in the Erekson case. Mr. Weldon will review that issue. The Eastman issue is in the elementary district as a result of a student injury with the trial scheduled for June 2006; the M.T. case is in the elementary district relating to a survey of students; the Gazette case is requesting the release of documents in the high school district; and, the Hudak matter is scheduled for trial in January 2007. A new matter is a Human Rights case No. 0061011780. Mr. Weldon suggested the meeting be closed in order to discuss litigation strategies. The Chair closed the meeting.

 

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

 

Motion to provide a defense to the respondents specifically named in HR Case No. 0061011780, pursuant to

Montana Code Ann. 2-0-305 in connection with that HR petition and to indemnify the same against any liability

which, may be incurred therein by the respondents specifically named, subject to the withdrawal of such defense

and indemnity should the Trustees determine that the respondent specifically named has not acted in the course

and scope of the respondent’s employment and relationship to District 2 with respect to the claims contained in

the petition.

 

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

 

Mr. Weldon reported the BEA grievance is scheduled for the end of February. The long-term suspensions were presented to the Board members. Trustee Goodrich made the following motion with a second by Trustee Getz:

 

Motion to approve the long-term suspensions results.

 

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

 

Cottonwood Park Land Purchase

 

The Chair reported the Business Committee has reviewed the proposal to purchase 10 acres in Cottonwood Park. Jeff Weldon requested the Board to designate a member to work with he and the Superintendent to finalize the transaction. Trustee Goodrich volunteered to serve on the committee, as he is a West end trustee.

 

Building Ownership Committee Report and Recommendations

 

Trustee Mossman reported the committee made progress and addressed only the Crossroads property at their last meeting. She requested the Board take each item separately. Trustee Stroebe made the following motion with a second by Trustee Guthals:

 

Motion to formalize a lease arrangement between the Elementary District and the High School District for the use

and operation of the Grand Avenue building.

 

The fair price for a lease would be the continuation of payment for maintenance and operational expense for the building. Trustee Stroebe felt, if there were a major expenditure, the high school district would pay for it. Trustee Mossman stated that would be correct. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

The second recommendation is for an appraisal of the entire Lewis and Clark and Grand Avenue properties. Trustee Stroebe made the following motion with a second by Trustee Guthals:

 

Motion that the school district order and obtain an appraisal of the entire Lewis & Clark and Grand Avenue

School property, and the appraisal shall break down Lewis & Clark School and the approximate two-acre

parcel for the Grand Avenue School. The cost of the appraisal should be borne one-third to the high school

district and two-thirds to the elementary district (approximate cost $6,000 to $7,000).

 

Trustee Getz asked how an appraisal is done on school property. The land would be treated like private land being sold to a buyer and not a public property for this purpose. Trustee Goodrich was not sure the Board could require an appraiser to deviate from what he deems may be the highest and best use of that appraisal. A specific direction might have to be given to the appraiser. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

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

 

Move to obtain an engineering survey to designate the boundary for the approximate two-acre Grand Avenue

School property providing the district does not presently have a survey;

 

Trustee Mossman reported there is no survey of record on the property. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously.

 

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

 

Motion for pending finalization of the lease and approval of the lease by the Board, the High School District shall

continue maintenance and operation expenses of the Grand Avenue School.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. The motion passed unanimously. This motion will only be in effect until the lease is finalized or the end of the fiscal year.

 

The Chair read the fifth recommendation from the Building Ownership Committee. She did not feel a motion was needed but direction could be given to the administration. Trustee Guthals felt these items needed to be addressed, were not that expensive, but were important. Trustee Goodrich voiced his concern that it would be sending a message that funds are available, when there is no money. The voters on a particular needs basis gave the building reserve money and this project was not included in that fund. Trustee Stroebe stated there is $1,123,832 in the building reserve and the Board needs to be fully aware that they started a new high school this year and has needs for those students. Rich Whitney, Facilities Director, stated the vestibule doors qualify as an exterior door under the building reserve. It would, however, have to compete with all of the other doors in the District. Trustee Guthals made the following motion with a second by Trustee Achten:

 

Motion for pending finalization of the transfer of Grand Avenue School/Crossroads High School, the High School

District budget for the current fiscal year (building reserve funds, if necessary), shall be allocated for the following upgrades and renovations, not to exceed $25,000 – installation of interior vestibule doors at main entrance; clean up and landscaping work in front yard and back yard, installation of recreational facilities in back yard, tables and chairs for back yard, new signs saying “Crossroads High School,” patching of parking lot. The administration should prepare plans and fiscal analysis for these proposals to be presented to the Board.

 

Trustee Getz stated he felt it circumvented the process and could not support the motion. The Chair handled the gavel to the Vice-Chair. Trustee Kelker stated the Board has prioritized the list every year and it would not be fair to other schools if this motion were approved. Those voting in favor were Dawn Achten, Joel Guthals, Karen Moses and Conrad Stroebe. Those opposing were Dale Getz, Malcolm Goodrich, Katharin Kelker, Sandra Mossman, and Mary Jo Fox. The motion failed. It will be reviewed at the end of the school year.

 

MQEC Update and Action

 

Trustee Moses gave an update on the Montana Quality Education Coalition. The three options given by the attorney are; head back to court immediately, wait until after the legislative session, or return to Judge Sherlock. The hope of the coalition is to find a solution. MQEC will have on record with the court that the MQEC does not believe the solution has been reached. Trustee Getz asked how much it would cost. Superintendent Svee stated there is no firm estimate of what it would cost but the court has already ruled that the State must pay all legal fees in the amount of $500,000 for the initial suit. The State refused to pay. Trustee Getz voiced his concern, in his view, the State made a good faith effort in the special session, but he felt some of the historical supporters would be alienated if we continue to be so rigid. Mr. Svee reported the Attorney General plans to oppose in April based on the fact that the issue has been finalized and the Governor’s office supports that. We are clarifying to the court that there are things that were not addressed. There were no dollars given for special education or gifted and talent, which are in the definition. Trustee Goodrich felt MQEC is being somewhat timid and that they should insist on receiving the attorney costs. He stated there is nothing wrong in going to court. Trustee Guthals agreed the State should pay the attorney fees and it is the state’s responsibility to pay for building facilities.

 

The Chair called for a brief recess.

 

The Chair asked for input on the underlined items on pages 89 and 90 of the agenda. Trustee Stroebe stated he did not see the basic entitlement or facilities. Trustee Moses will take those suggestions to the next MQEC meeting.

 

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

 

Motion to continue our membership in MQEC and to support that through the assessment structure that is further defined as you proceed forward.

 

Trustee Getz was uncomfortable voting for the motion when he did not know how much the assessment would be. Those voting in favor were Dawn Achten, Mary Jo Fox, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman and Conrad Stroebe. Dale Getz opposed the motion. The motion passed.

 

The Chair reported, since the MQEC meeting is scheduled for January 30th, the special meeting scheduled for January 30th would be changed to Tuesday, January 31st.

 

Report from Energy Innovation Committee

 

Trustee Guthals reported the Energy Innovation Committee has met three times and identified the first objective is finding savings for the shortfall for utilities. The committee compiled a list of recommendations that could have a significant effect on saving utility expenses in the schools for the remainder of the year and going forward. Trustee Guthals asked the Board to approve or show support for the recommendations. The Chair read the list of recommendations as presented in the agenda. The Board gave unanimous support for all of the recommendations. Superintendent Svee reported the issue of computers has been addressed as well as lowering the temperature controls.

 

Outcomes Based Budget: Outcomes Based Budget Process; Outcomes Based Budget Committee Report & Membership Appointment

 

Trustee Mossman reported the three last members have been added – Stan Jones, Parent; Samantha Forsythe, Senior High Student; and Dennis Stellingwerf, Custodian, MPEA. She asked for a vote of approval for the new committee members. The first committee meeting will be on February 1st. Trustee Goodrich made the following motion with a second by Trustee Guthals:

 

Motion to appoint new members Jones, Forsythe, and Stellingwerf to the Outcomes Based Budget Committee.

 

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

 

Elementary Bond Projects Update

 

Rich Whitney reviewed the handout on the elementary bond projects. The projects are in the black in the amount of $127,898.91, which includes the owner-supplied equipment that has not been encumbered. Trustee Mossman reported there are celebrations being planned in the schools after construction is completed.

 

Superintendent’s Report

 

Superintendent Svee reviewed the list of budget considerations on page 104 of the agenda for the 2006-07 budget. Trustee Stroebe asked if it would be possible to use the legal services of the county attorney’s office. Mr. Svee stated he has received a negative response twice but will write another request for services. Trustee Goodrich made the following motion:

 

Move to extend the hiring freeze by instructing administration to not hire staff but to replace retiring staff members.

 

The Chair ruled the motion out of order. Mr. Svee reviewed the special session funding recap for ‘AA’ schools as it appears on pages 105-107 in the agenda.

 

John English, Bench Elementary Principal, reported steps have been taken to assure the safety of students and staff at Bench in regards to the mold issue. Several tests have been conducted which showed significantly lower numbers in the building than the outside environment. The plan is to put the crawl space into negative pressure with the use of fans. Trustee Fox asked if there were any health risks and if there has been communication with the parents. The health risks have been addressed and parents have been notified at the monthly PTO meetings. Trustee Fox requested assistance from Karen Palmer for the Bench Elementary web site to keep parents up to date on the mold issue.

 

Mr. Svee requested different wording for personal leave and pay when his contract is discussed. Trustee Goodrich will review the contract.

 

BEA, MPEA, and BCEA Negotiations

 

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

 

Motion to make the overture to formally begin the bargaining process for all three bargaining units.

 

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

 

Trustees Guthals and Fox serve on the BCEA bargaining team, Trustees Moses and Stroebe serve on the MPEA team, and Trustees Mossman, Goodrich serve on the BEA bargaining team. The teams will meet to decide on the ground rules and Dan Martin will coordinate the meetings.

 

Personnel Report

 

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

 

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

 

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

 

Trustee Mossman asked if a vacancy notice had been made for the Executive Director of Secondary Education. Mr. Svee responded he would begin the process after his evaluation has been completed.

 

Consent Agenda

 

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

 

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

 

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

 

Regular Board Meeting Minutes, December 19, 2005

Special Board Meeting Minutes, December 16, 2005

Business Committee Minutes, December 12, 2005

Education Committee Minutes, December 12, 2005

School/Community Committee Minutes, December 12, 2005

Approval of New Education Committee Members

Application for Business Committee Membership

Procedure 7320-P1 Expense Authorization/Reimbursement

Awarding of RFP R-135-L 2005 for Wide Area Networks, Telephones and Internet Service

Crisis Management Grant and Survey of Parents, Students and Staff – Third Reading

Special Meeting Place for Press Conference at First Interstate Bank Building

Career Center House Construction Agreement between the Home Builders Associations of Billings and BPS

Policy 1700 F1 Form

2006 Montana High School Association Proposals

Vision Statement for High School Education Developed by the Education Committee

 

Communications from the Board

 

Trustee Stroebe reported he recently found a copy of the city/county planning budget from 1958. There is an interesting section on the schools. Trustee Moses asked about bussing at Highland and why Mr. Svee attended the WWIDEA meeting. Mr. Svee reported the bussing issue has been addressed. He attended the WWIDEA meeting in order to learn about it and will also attend other distance learning meetings. An RFP will be issued to find a provider that can provide a full range of services for grades K-12.

 

Trustee Guthals asked for additional information for the out-of-state trip request by the music department. Superintendent Svee will look into the matter and report back. Trustee Achten stated she attended a meeting with Boulder parents that covered out-of-area transfers. She was concerned administration is not following the procedure. The Chair reported the issue would be discussed at a future meeting. Trustee Fox asked the Board to weigh-in on the overcrowding at Eagle Cliffs and the possibility of re-opening Beartooth. The Chair reported there would not be any operating money to reopen the school.

 

Calendar/Agenda Planning

 

The following are the future scheduled meetings and events:

 

January 19, 2006 – Press Conference at First Interstate Bank

January 25, 2006 – Ad Hoc Committee on Building Ownership

January 31, 2006 – Special Board Meeting

February 6, 2006 – Business Committee Meeting

February 7, 2006 – Agenda Setting Meeting

February 7, 2006 – Policy Review Committee

February 20, 2006 – Regular Board Meeting

 

Adjournment

 

As there was no further business, the meeting adjourned at 9:40 p.m.

 

 

 

 

Katharin Kelker, Chair

 

 

Diane Blevins, Recorder

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