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Regular Board Meeting of April 17, 2006


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

April 17, 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, April 17, 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 Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, Conrad Stroebe, Superintendent Rod Svee, and Clerk Leo Hudetz.

 

Registered guests included Kinsey Miner, Shawn Sanlit, Tish Walker, Miranda Chorini, Raven Petry, Tina Miller, Don Tudor, Desmond Bird, Shawna Hart, Dylan Albertson, Fred Petak, Jessica Spears, Jess Mikan, Cherish Roberts, Robin Fryley, Kelly Fallon, Katie Zubick, Stevie Rae Wilku, Richard M. Jones, Megan Moyers, Jon Moyers, Walt Donges, Dan Burchell Jr., Richard Downs, Alex M, Jeremy Petersen, Jeremy Chapman, Ryan J. Donors, Cassie Reed, Stacy Thormanien, Elly Fox, Jane Dews, Alahnze Rowland, Shiree NotAfraid, Bittney Boone, Summer Brazelton, Cheyenne Baugus, Michele Lowrame, James Pethew, Courtney Hamblin, Lyle D. Hedin, Shir Mukind, Barbara Haws, Jail Hein, Kathryn McKeen, Jone Blech Eagle, Tammy Zubick, Camelita Lavenger, Danielle Ivey, Shelley David Eldridge, Sally Paul, Cory Bestrand, Garryowen Hopkins, Stephanie Bertrand, Michelle Jefferson, Fran Thompkins, Rydes Allard, Kortnie Eldridge, Brittany Hendransen, Shelby Hevon, Amy Hart Rep Elsie Arntzon, Lori Bertrand, David Bertrand, Vickie Kiney, Karyn Young, Penny (Kaycee) Gillespie, Marissa Young, Bill Bauman, Steve & Connie Wilkie, Connie Sandvik, Brandi Lang, Janet Baum, Lana Lynch.

 

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 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. Member of the public may also address particular items of this agenda either now or at the time the Board considers the particular item.

 

The following people addressed the Board regarding the possible closure of Crossroads. All were opposed to any closure of Crossroads High School.

 

Carol Blades, Stacy Thormanien, Rick Barth, Kythrn Peterson, Nichole Lowrance, Cherish Roberts, Courtney Hamblin, Sheri Murdock, Barbara Haws, Fred Petah, Jeremy Petersen, Leland Cranford, Walt Donges, Steve Wilkie, Lyle Hedin, Brandi Long, Jane Black Eagle, Tammy Zubick, Kathryn McKeen, Shawn Sahlit, Shelley David-Eldridge, Barbara Bryan, Richard Petry, David Overturf, Bill Baumana, Jail Hein, Eran Thompson, Michelle Jefferson, Alex Murray.

 

Vikie Kincy addressed the Board regarding the elementary overcrowding issue in the Heights and the opening of Beartooth Elementary school. Viki Kincy has concerns regarding kindergarten classes being moved out of elementary schools due to overcrowding.

 

Approval of Agenda

 

Trustee Getz made a motion with a second by Trustee Achten to approve the agenda as presented.

 

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.

 

News of the District

 

Nancy Hines, Communication Director, reported on two programs currently happening in the high schools. The Skyview Teacher’s Intergrating and Learning Technology program allows teachers an opportunity to construct new ways to use technology in the classrooms. “The Montana Cares” program encourages fundraising. The proceeds will provide aid to Hurricane Katrina high school victims in Long Beach, Mississippi. Nancy Hines announced that April, 25, 2006 is “Thank Billings Day” for the elementary bond projects.

 

Recognition

 

Dennis Sulser recognized Justine Summers as the State Voice of Democracy Contest Winner. Megan Moyers was also recognized for the National Essay Contest and will appear on the Oprah Winfrey Show.

 

Gifts and Donations

 

Trustee Goodrich made the following motion with a second by Trustee Getz to accept the gifts and donations with gratitude.

 

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. Gifts and Donation are as follows:

 

Gifts and Donations

Bitterroot – Golden K Kiwanis, books for library

Orchard – Russell White, Play Station 2 memory card, 2 dance pads, and game

Ponderosa – Costco Wholesale, treats for students for testing week

Castle Rock – Arby’s beef sandwich for every honor role students

- Ace Hardware, two gift certificates

- Albertson’s, Hershey’s candy bar for every honor roll student

- Baskins Robbins

- Big Lots

- Budget Instant Prints

- Circle Inn

- Cluckers

- Coca-Cola

- Domino’s

- Eileen’s Cookies

- Godfather’s Pizza

- Height’s Pet Center

- Mackenzie River Pizza

- Pepsi-Cola

- Pizza Hut

- Beads & Beyond

- Height’s Little League

- Sodexho

- Kiwanis Club, Billings Heights

- Off Main Deli

- Radio Shack

- Subway

- Papa Murphy’s Pizza

- Paper Trails Scrap & Stamp

- Red’s Popcorn, Candy & Snackbar

- Fuddrucker’s

- Mongolian Grill, Heights

- Great Clips for Hair, Heights

- Bull’s Eye Bagel

- Geyser Park

Music Program – Wilhelmina Topp

 

Elementary Bond Projects Update

 

Rich Whitney, director of facilities reported that Ponderosa is very close to being completed, Meadowlark and Boulder should be done before the end of school, at Orchard the new addition is wrapping up, and the renovation of the classrooms will begin this summer. Rich Whitney reported that a bid for the carpet at Orchard has been awarded to Rich’s Flooring. Rich Whitney opened bids for the gym floor and requested a recommendation from the Board for approval of the bid to Soft Touch. Trustee Kelker stated that, before a vote, the item has to be noticed and recommended scheduling a meeting. Rich Whitney reported there have been delays from the original projected completion dates.

 

Budget FY 2006-2007

 

Trustee Kelker recommended that the Board begin with the elementary proposed budget and look at the list of priority recommendations as a result of the budgeting work session held April 8, 2006. Thomas Harper reported that the proposed budget has changed and there is a thirty thousand dollar difference which is the due to the FTE Reading Teachers.

 

The Trustees discussed the advantages and disadvantages of using MAC and Medicaid money.

Kathy Olson reported that by using MAC and Medicaid money, funds from the general budget can be freed up for salaries. Dan Martin clarified MAC and Medicaid money can and should be used.

Dan Martin explained how MAC and Medicaid work with the maintenance of effort requirement in Special Education.

Carol Wicker confirmed that three position could be cut that would stay away from classroom positions and maintain accreditation. Sandra Mossman suggested that if the district desires to keep accreditation standards in K-8 then all positions should be looked at, not just the Middle School positions. Trustee Mossman reported that the district is over accreditation standards with guidance counselors and libraries in K-6.

 

Clarification regarding reconciliation of sub pay, the budget consultant and the lawyer was requested. Trustee Kelker clarified that the lawyer needs to be reconciled in the elementary budget.

 

Trustee Goodrich made the following motion with a second by Trustee Mossman to eliminate

in-house legal counsel. Trustee Goodrich withdrew the motion to eliminate in-house legal counsel. Trustee Mossman consented.

 

Trustee Getz suggested not reconciling the working budget and noticing teachers of a potential non-renewal of their contract until June, 1, 2006 as it is not legally required until that date.

 

Trustee Guthals made the following motion with a second by Trustee Moses to move the MAC and Medicaid money into the High School and Elementary budget. Trustee Guthals and Trustee Moses withdrew the motion to move the MAC and Medicaid money into the High School and Elementary budget.

 

Trustee Getz suggested that the budget process has been achieved on the revenue and expense side and has enabled concise informed decisions on May 2. Trustee Getz suggested that in regards to MAC and Medicaid money in the elementary budget there is a little bit more flexibility due to the reserve situation. If the levy does not pass the district might be forced to use MAC and Medicaid money at the high school level in order to save programs.

 

The Trustees concluded not to reconcile the difference of the two lists that were formulated at the April 8, 2006 meeting in time for the levy or add in any additional revenues until the picture is clear. It was suggested that the list of Board recommended reduction items be available for public discussion. Trustee Goodrich suggested that by doing this we are pitting program against program.

 

Trustee Getz suggested some good reasons to vote for the levy which included voting because:

Billings Public education can be the best, to acknowledge that the district has done some very creative and innovative things in this community to save kids, the district has depleted it’s flexibility such that the reserves, especially in the high school district are precarious, and for sufficient reserves to repair and renovate an infrastructure that is long over due in terms needs.

 

Trustee Kelker offered her personal opinion that she feels it is fair for the public to know what the Trustees’ individual priorities are regarding budget items. Trustee Kelker worries that the Board is missing the opportunity to build creditability with the community by not being clear about what the mill levy will buy. Trustee Kelker suggested that at this point it is difficult to prepare a list because next month a new Board will be appointed.

 

Trustee Getz clarified that if you choose not to use the MAC and Medicaid money to off set general fund expenditures then the reserves would increase. Trustee Getz reported that the acceptable range for reserves for a favorable bond rating is five to eight percent.

 

 

Mill Levy Purchase Lists/Nontenure Teacher Notice

 

Kathy Olson reported past and current numbers of students’ attendance at the Heights elementary schools. Kathy Olson reported that to reopen the Beartooth school for students in kindergarten through the sixth grade the cost would be $1.1 million. To open Beartooth for kindergarten through the third grade would cost approximately $931,000. Kathy Olson stated that reopening Beartooth would alleviate overcrowding in some of the schools, but it would require reassignment of staff and purchases of new furnishings, materials, and supplies, boundary changes, transportation, and enrollment changes.

 

The Trustees discussed considering reopening Beartooth Elementary this fall, but decided at this time it was premature and the Board decided to wait a year. The Trustees recommended setting aside money for renovations in preparation for possibly an August 2007 opening if a mill levy were to pass. Trustee Getz suggested that reopening of Beartooth needs to be done in a very methodical way.

 

Malcolm Goodrich made the following motion with a second by Dawn Achten; To include the costs of refurbishment as an articulated line item within the mill levy for elementary.

 

Dale Getz suggested that he is not opposed to reopening Beartooth but the estimate might have a lot of swag in it. Sandra Mossman suggested it was premature without a firm commitment for opening the building. Malcolm Goodrich commented on the clarification of refurbishment.

 

Those voting against were Dale Getz and Sandy Mossman.

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

 

Bills Paid – March 2006

 

Malcolm Goodrich made the following motion with a second by Dale Getz for the approval of bills paid.

 

Those voting for were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Karen Moses, Sandra Mossman, Conrad Stroebe. The motion passed unanimously. The bills paid by fund are as follows:

 

Fund Description Fund Total

101 Elem General Fund $ 309,468.29

110 Elem Transportation 188,394.64

114 Elem Retirement 130.39

115 Elem Misc Programs 197,515.68

117 Elem Adult Education 2,881.64

128 Elem Technology 16,824.20

160 Elem Building 783,286.14

161 Elem Building Reserve 22,318.38

184 Elem Student BCA 54,166.47

185 Elem Misc Trust 31,664.79

201 H.S. General Fund 438,140.93

210 H.S. Transportation 132,767.48

212 H.S. Food Servies 385,386,.68

215 H.S. Misc Program 42,316.96

217 H.S. Adult Education 24,722.42

218 H.S. Traffic Education 2,350.83

229 H.S. School Flexibility FU 13,247.02

260 H.S. Building 3,523.61

261 H.S. Building Reserve 1,535.96

278 H.S. Self Ins Health 1,335,195.01

279 H.S. Self Ins-Liability 2,488.70

282 H.S. Interlocal Agreement 117,679.66

284 H.S. Extracurricular 171,736.40

285 H.S. Misc Trust 26,355.34

286 H.S. Payroll 1,682,413.75

 

Financial Reports – March 2006

 

The items reviewed by the business committee:

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Superintendent Contract for School Year 2006-2007

 

Malcolm Goodrich reported that Jeff Weldon prepared a contract between Jack Copps and the

District from July 1, 2006 – July 30, 2007. Malcolm Goodrich explained the changes to the current district’s superintendent contract with Rod Svee. Because of the term certain date, parties can by mutual agreement extend the term. The District will provide technology to Jack Copps in which Jack will be able to retain when he leaves the District, an increase of ten professional development leave days. Malcolm Goodrich explained that these items are additional compensation based on compromises made by Jack Copps.

 

Mary Jo Fox made the following motion with a second by Dale Getz to separate out item 7-I (last sentence that allows interim superintendent to retain item of technology for personal ownership after the termination of the contract).

 

Those voting for are Mary Jo Fox, Dawn Achten, and Dale Getz.

Those voting against Malcolm Goodrich, Katharin Kelker, Conrad Stroebe, Sandra Mossman, Joel Guthals, and Karen Moses. The motion failed.

 

Malcolm Goodrich made the following motion with a second by Joel Guthals to approve the superintendent contract.

 

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

 

Legal Report

 

Jeff Weldon reported on pending litigation: the Rapp-Swecker issue has a trial date set for September 18, 2006, KTVQ case is still pending, the Erekson case is pending a decision from the Montana Supreme Court, the Eastman case has a trial date set, the M.T. case will move forward with discovery, the Petition of Billings High School District No. 2 is pending before the Supreme Court, the Hudak case is pending in discovery, the Human Rights Bureau Case is in the investigation stage, the Harper vs District 2 case remedy is to dismiss, BCEA grievance is still pending, and the Opie v District 2 has a motion to dismiss.

 

Karen Moses asked for clarification regarding communication from District employees regarding the election. Jeff Weldon explained that the change in the law allows the “superintendent” to communicate the Board’s recommendation regarding supporting a mill levy. Rod Svee stated no district resources can be used to promote the mill levy except from the superintendent.

 

Dale Getz made the following motion with a second by Dawn Achten to approve the Long Term Suspension report.

 

Those voting against were Conrad Stroebe.

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

 

High School Renovation Consultant Update

 

Dave Williams reported that the scope of work has been studied and an estimate is forth coming by the May Business Committee meeting.

 

Superintendent Search Assistance

 

Malcolm Goodrich made the motion with a second by Dale Getz to accept the assistance of MTSBA for the Superintendent Search.

 

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

 

Results Based Budgeting Report

 

Sandra Mossman reported that the Committee recommended six results and potential indicators of success. Sandra Mossman reported the Committee devised ways indicators of success can be measured and there was great input from the community.

 

Superintendent’s Report

 

Rod Svee reported on the graduation dates and asked any Board planning to attend to notify the principal. Rod Svee will verify why Crossroads and Senior graduation are on the same date.

 

Personnel Report

 

Conrad Stroebe made the motion with a second by Malcolm Goodrich to approve the personnel report.

 

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

Trustees Election by Acclamation

 

Malcolm Goodrich made the following motion with a second by Dale Getz.

 

Whereas, The Board of Trustees of Billings Public Schools District No. 2, Yellowstone County, State of Montana, have received nominating petitions and write-in intent declarations equal to the number of positions to be elected for Elementary Trustee by Single Member District in Zone 3;

 

Whereas; in accordance with 20-3-313 MCA, the Board of Trustees have the authority to declare elected by acclamation such candidate;

 

Therefore be it Resolved, that Trustee candidate Mary Jo Fox is hereby duly elected by acclamation for a one-year term to the Board of trustees of Billings Public Schools District No. 2 effective with the Reorganization of the Board of Trustees in May, 2006.

 

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

 

Karen Moses made the following motion with a second by Mary Jo Fox.

 

Whereas, The Board of Trustees of Billings Public Schools District No. 2, Yellowstone County, State of Montana, have received nominating petitions and write-in intent declarations equal to the number of positions to be elected for Elementary Trustee by Single Member District in Zone 4;

 

Whereas; in accordance with 20-3-313 MCA, the Board of Trustees have the authority to declare elected by acclamation such candidate;

 

Therefore be it Resolved, that Trustee candidate Rachael C. Stagg is hereby duly elected by acclamation for a one-year term to the Board of trustees of Billings Public Schools District No. 2 effective with the Reorganization of the Board of Trustees in May, 2006.

 

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

 

Consent Agenda

 

Dale Getz made the motion with a second by Malcolm Goodrich to approve the consent agenda.

 

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

 

Consent Agenda Items

T-1 Minutes of the Board Meetings 236

Regular Board Meeting, March 20, 2006

Special Board Meeting, March 10, 2006

Special Board Meeting, March 27, 2006

Special Board Meeting, April 8, 2006

T-2 Acceptance of Minutes of Committee Meetings 237

Audit, December 7, 2005

Business, March 13, 2006

Special Business, March 9, 2006

Special Business, March 27, 2006

Education, March 13, 2006

School/Community, March 13, 2006

T-3 Addition of Jason Open House ECA Account

At Lewis & Clark Middle School 238

T-4 Newman Elementary Reroof – 2006 239

T-5 Wendy’s Field at Daylis Stadium Artificial Turf

Project – 2006 240

T-6 New Subdivision Development Spring 2006 241

T-7 Chemistry, Honors Chemistry, Spanish Level 4

AP Curriculums – 2nd Reading 244

 

Communication from Board Members

 

Malcolm Goodrich suggested that Rod Svee communicate to staff not to send documents by certified mail. Dale Getz and Mary Jo Fox acknowledged and thanked Karen Moses and Conrad Stroebe for serving on the Board. Dawn Achten reminded the Trustees of school visits. Conrad Stroebe reminded Trustees of the MQEC meeting on March 20, 2006 and an Ed Forum Conference from MTSBA. Rod Svee requested that Rachael Stagg contact the district to set up her computer.

 

Adjournment

 

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

 

 

Katharin Kelker, Chair

 

 

Brenda Cross, Recorder

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