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Regular Meeting of August 21, 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

 

August 21, 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, August 21, 2006, at 5:30 p.m.

 

Chair Malcolm Goodrich presided and led those present in the Pledge of Allegiance.

 

Roll Call

 

Members present included: Trustees Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Rachel Stagg, Dawn Achten, Joel Guthals, Sandra Mossman, Conrad Stroebe, Superintendent Jack Copps, and Clerk Leo Hudetz.

 

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 comments at this time.

 

Approval of Agenda

 

The Chair reported the agenda item on Committee General Procedures 1130-P1 would be moved up in the agenda and would precede the committee chair appointments and the administering of the oath to the new Trustee. Trustee Guthals made the following motion with a second by Trustee Kelker:

 

Motion to approve the agenda as amended.

 

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

 

Resolution of Appointment – Position of High School Trustee of Lockwood (Nominating District A)

 

Clerk Hudetz explained the process used to gather applicants for the high school trustee position. Trustee Fox reported she found Sue Messerly to be highly qualified and very experienced. Trustee Getz made the following motion with a second by Trustee Kelker:

 

Motion to adopt the Resolution of Appointment to the position of High School Trustee of Lockwood (Nominating District A).

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. The following is the resolution:

 

Whereas, pursuant to Montana law, whenever a trustee position becomes vacant in any district, the remaining members of the trustees shall declare such position vacant and they shall appoint, in writing within 60 days, a competent person as a successor, and;

 

Whereas, the School District No. 2 Board of Trustees has declared the position of High School Trustee of Lockwood (Nominating District A) as vacant on July 17, 2006:

 

Therefore be it resolved, that Susan Messerly is hereby duly appointed High School Trustee of Lockwood (Nominating District A) effective August 21, 2006 and shall serve until the regularly scheduled election May 8, 2007.

 

That this appointment is made pursuant to MCA 20-3-309 and School District No. 2 Board Policy 1112.

 

Administer Oath of Office to H. S. Trustee of Lockwood (Nominating District A)

 

A.J. Micheletti, County Superintendent, administered the oath of office to Sue Messerly. Trustee Messerly was then excused due to a prior commitment.

 

Recognition and Gifts and Donations

 

The following is a list of gifts and donations, which 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.

 

Big Sky – ExxonMobil Foundation, grant through Volunteer Involvement Program

Debbie Dryer, volunteer hours

McKinley – Shauna Kerr, microscope and materials

Connie Landis, computer for a student

Miles Avenue – JTL, 60 tons of pea gravel

Faith Chapel, Pastor Stan Simmons, landscaping, delivery charge for gravel, staining

the eaves and general work and clean up of school grounds

Technology – Bresnan Communications, Sandy Welbourne, 20 HP computer keyboards

 

Legal Report

 

Jeff Weldon gave a brief report regarding legal issues. There was nothing to report on the Columbia Falls or KTVQ cases. The Supreme Court will not consider oral arguments in the Erekson case, the M.T. case is in discovery, the high school case is still pending, Hudak is in discovery, and oral arguments are scheduled in one month for the Harper case. Mr. Weldon reported the court approved the transfer representation to Harlan Krogh for the District. The Human Rights Bureau complaint has been submitted but an investigator has not been appointed as of this date. Mr. Weldon reported LeeAnn Wickun has filed a case alleging discrimination due to gender but the District has not been served at this time.

 

Mr. Weldon reported there are no long-term suspensions this month.

 

Mr. Weldon reported on the ballot issue regarding what the District can and cannot do under Montana law. An amendment was filed to the 1999 law as to what was permitted. Mr. Weldon met with Dan Schwarz, Deputy County Attorney, and concluded the modified statute was not a model of clarity. The conclusion was to go back to the legislature and have it declare that the District can spend public resources to inform members of the public and the information may be promotional in nature. Mr. Weldon recommended the Board pass a resolution in its deliberations that is promotional. The information disseminated by the District would have to be word for word from the resolution.

 

Trustee Mossman asked what the parameters were for the foundation. Mr. Weldon reported it receives no resources from the District and does not have anything to do with the involvement with the District.

 

Mr. Weldon reported that Dan Schwarz has stated he would help the District work on language for a bill to present to the legislature. Trustee Guthals asked if there was a plan to ask for a new opinion from the Attorney General. Mr. Weldon reported it would take too much time to gain that opinion.

 

Trustee Kelker made the following motion with a second by Trustee Fox:

 

Motion to take it to the next step and work with Jeff Weldon and the AA Caucus to get legislation in place for

the next session to advance our view of the language and the District’s needs.

 

Trustee Guthals did not want it to be viewed that there was any admission of guilt by approving this motion. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Jeff Weldon will work on a draft and report back.

 

Superintendent Search Matters

 

Trustee Kelker reported the picture has changed since the board made the original plan to look for an interim superintendent. She suggested the Board go through the process for a superintendent instead of an interim. Trustee Kelker felt talking to the Montana School Board Association would be premature. Trustee Guthals felt it was a good idea to defer a superintendent search until the next school year but felt the Board should keep in mind that the District has only a one-year contract with Mr. Copps. Trustee Kelker suggested the Board make sure its contractual agreement obligations this school year are completed and no decision is made until after the evaluation process is completed.

 

Superintendent Copps reported he would entertain an extension of his contract for an additional year. Trustee Getz made the following motion with a second by Trustee Kelker:

 

Motion to defer the Superintendent’s search.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Trustee Getz noted the motion saved the District $6,000 in not conducting the search this year.

 

Budgeting for Results Update

 

Trustee Mossman reported she, Thomas Harper, and several others have been meeting on a regular basis to work out the details that were outlined for the Budget for Results Guidance Committee. A protocol is being designed for the student survey and the community survey. The community survey will be a community-wide survey and will take place this fall.

 

Committees General Procedures 1130-P1

 

Trustee Kelker stated a discussion occurred at the retreat on ways to make the Board’s committees more effective. The Superintendent has brought forward suggestions for different assignments for those committees. A subgroup of the Board has met to discuss those suggestions and is bringing them brought forward on this agenda. The Business Committee would change to Budgeting for Results and adding the responsibility of data for student achievement and matching it to how the money is spent. The Education Committee would become a Planning & Development Committee and would look at development and planning and community relations and strategic planning. It would look at educational delivery, curriculum, and how the facilities match with the curriculum. The School/Community Committee would retain its name but its responsibility will be to look at Board policies and how they are being implemented. It would also hear needs of the district and community about changes in policies that need to occur. The School/Community Committee would also serve to be responsive to communication needs between the Board and community.

 

The Chair reported an Executive Committee would also be formed and composed of the Chair, Vice-Chair, Superintendent, and chairs of the three committees. That committee would meet once a month before the committees commence to make sure all committees are operating in unison toward a certain set of strategic goals. Each committee will focus on strategic planning and detail. The Chair felt the Board needed to commit to the strategic goals again.

 

Superintendent Copps hoped that the District would develop an office of development and advancement at the school district level and that office will be responsible for looking ahead and to engage some of the entities in the District (foundation, alumni organizations and the grants). The importance of the office would be to make certain what should be done in the future.

 

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

 

Motion to approve the recommended changes as printed in the pink sheet of the agenda.

 

Trustee Guthals suggested moving some of the paragraphs in Procedure 1130-P1. He suggested the charges be moved to the section following Committees General Procedures. Trustee Guthals also recommended the charge of the Executive Committee also be listed as it was omitted in the procedure. He suggested the motion be amended to include the charge of the Executive Committee. Trustee Kelker accepted the suggestions as a friendly amendment and the second agreed. Trustee Getz stated he was supportive of the vision but was concerned there might be an intersection of responsibilities. The issue will be discussed at a future meeting.

 

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

 

Committee Chair Appointments/Identification of Admin. Liaison for Committees

 

The Chair reviewed the list of assignments and changes made. Dan Martin reported that members of the Insurance Committee select the chair, it is not a position appointed by the Board Chair. Trustee Kelker made the following motion with a second by Trustee Getz:

 

Motion to approve the changes in the committees.

 

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

 

High School Feasibility Study – 2006

 

Rich Whitney, Facilities Director, reported 3D International has been selected for fee proposal for high school bond projects. A scope of work has been approved. Since last May, Parsons has purchased 3D and changes have been made. Parsons would be willing to give a proposal and a fee proposal has been received except no team information was included. Paul Troutman, an independent consultant, would be willing to work with the District. There are some good options available but the District should step back and do some further work. Mr. Whitney will look into the issue and report back to the Board. Trustees Kelker and Guthals reported Mr. Troutman impressed them.

 

Boulder Elem. School Bus Access-2006

 

Rich Whitney reported H.L. Ostermiller had the lowest bid of $113,864 on the proposed bus access at Boulder Elementary. It is the same contractor who constructed Meadowlark, Ponderosa, and Highland’s bus drives. Bus traffic is expected to increase due to the fact Arrowhead’s kindergarten students will be going to Boulder. The access needs to be gated off to stop traffic from going through. Mr. Whitney reported the access is needed, as it is a safety issue.

 

Trustee Guthals stated it would be very good to have a very formal motion in respect to this item. Funds to be used from the elementary transportation fund. Trustee Fox questions the use of transportation funds. Mr. Whitney reported OPI was asked for an opinion and OPI gave its approval. Trustee Kelker made the following motion with a second by Trustee Getz:

 

Motion – whereas, safe and efficient school bus access is essential to the delivery of student transportation services,

and whereas the elementary transportation fund is a proper fund for the payment of school bus access facilities, and whereas the State of Montana Office of Public Instruction has studied and approved the use of School District 2’s transportation funds for school bus access at Boulder elementary, therefore move to approve the bid of H. L. Ostermiller in the amount of $113,864 to construct the Boulder Elementary school access.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Joel Guthals is ineligible to vote on elementary issues.

 

MTSBA Update and AA District Issues Discussion

 

Trustee Mossman reported she, as well as Trustees Guthals and Staff, Superintendent Copps will be attending the AA Caucus on Friday and Trustee Goodrich will attend the AA Delegate Assembly on Saturday. The AA Caucus will discuss funding, special education encroachment on AA districts and its funds, economy of scales issues, high school and elementary entitlements, law regarding mill levy passage, and whether the AA districts should have a lobbyist. AA districts consist of 40% of all of the students in the state and 10% are in the Billings district.

 

Items for the Delegate Assembly include more effective and efficient governance of school districts, residential development impact fees for Montana public schools, health insurance, federal issues that are impacting the district, and career planning resources for students.

 

 

 

 

 

Appointment of Team for BEA-District Negotiation Follow-up Matters

 

Trustee Kelker reported, during the last negotiation process last spring, it was agreed on items that merited a long-term discussion. It was agreed that a labor management committee would be set up to discuss those issues before the bargaining sessions begin for the next contract. Volunteers for the committee are Sandra Mossman, Katharin Kelker, and Mary Jo Fox. Trustee Achten made the following motion with a second by Trustee Guthals:

 

Motion to approve the members of the Labor Management Committee.

 

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

 

Bills Paid – July 2006

 

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

 

Motion to approve bills paid for the month of July 2006.

 

Those voting in favor were Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Dawn Achten, Joel Guthals, Sandra Mossman and Rachel Stagg. The motion passed unanimously. The bills paid are as follows:

 

Fund Description Fund Total

101 Elem. General Fund $ 629,759.77

110 Elem. Transportation Fund 86,718.97

113 Elem. Tuition 2,360.00

115 Elem. Misc. Programs 153,487.57

117 Elem. Adult Education 722.20

160 Elem. Building 216,918.80

161 Elem. Building Reserve 481,203.60

184 Elem. Student ECA 8,664.39

185 Elem. Misc. Trust 1,611.96

201 H. S. General Fund 457,239.45

210 H. S. Transportation 59,247.53

212 H. S. Food Services 384.45

213 H. S. Tuition 1,200.00

215 H. S. Misc. Program 25,946.57

217 H. S. Adult Education 133,253.55

218 H. S. Traffic Education 1,908.48

228 H. S. Technology 299.95

229 H. S. School Flexibility Fund 21.95

260 H. S. Building 284,561.79

261 H. S. Building Reserve 202,225.51

278 H. S. Self Insurance-Health 1,072,302.04

279 H. S. Self Insurance-Liability 23,224.94

282 H. S. Interlocal Agreement 125,144.89

284 H. S. Extracurricular 40,628.23

285 H. S. Misc. Trust 10,726.12

286 H. S. Payroll 2,878,657.24

TOTAL $ 6,888,419.95

ACH Tax Deposits $ 300,128.91

Payroll Warrants & Direct Dep. $ 997,831.41

GRAND TOTAL $ 8,186,380.27

 

Preliminary – Trustees’ Financial Summary FY 2005-2006

 

Trustee Getz reported the Business Committee did not have a chance to review the report yet. Thomas Harper stated the District is required to submit the Trustees’ Financial Summary to OPI. The report presented has not been audited and is preliminary. Mr. Harper reported approval is needed to put the process into motion. Trustee Getz made the following motion with a second by Trustee Kelker:

 

Motion to approve the submission of the preliminary Elementary Trustees’ Financial Summary Report FY2005-2006 to the Office of Public Instruction.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Trustee Guthals reported he erroneously voted for the elementary motion and requested his vote for approval be removed from the record. The corrected vote in favor of the motion was Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Katharin Kelker, Sandra Mossman, and Rachel Stagg.

 

Trustee Guthals asked Mr. Harper and Superintendent Copps if they were comfortable with the figures. Mr. Harper stated he verified the reserves and was confident about the report.

 

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

 

Motion to approve the submission of the preliminary High School Trustees’ Financial Summary Report FY2005-2006 to the Office of Public Instruction.

 

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

 

Superintendent’s Report

 

Superintendent Copps reported he addressed the staff this morning at West High. Students will be returning to classes on Wednesday, August 23rd. Early enrollment figures show elementary numbers should be about the same as last year with a few surprising shifts. At the high school level, Senior High has increased considerably and could be over the 2,000 mark in another year. Mr. Copps reported he has been talking with people who are dissatisfied with the attendance boundaries as they pass schools to take their child to another school.

 

Mr. Copps stated there would be a welcome notice in the newspaper to the students on Wednesday morning. He will also be providing a guest opinion for the Billings Gazette.

 

Superintendent Copps gave a brief report on the roof at Castle Rock. Rich Whitney has met with the adjusters but was concerned due to the fact they only want to replace the damaged portion but the entire roof needs to be replaced. The District may only receive $25,000-$30,000 and there is a $10,000 deductible. The roof may cost $250,000 to replace.

 

Personnel Report

 

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

 

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, Sandra Mossman, and Rachel Stagg. The motion passed unanimously.

 

Consent Agenda

 

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

 

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, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Items contained within the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, July 17, 2006

Special Board Meeting Minutes, July 6, 2006

Special Board Meeting, August 12, 2006

Special Board/Retreat Meeting, August 12, 2006

Acceptance of Minutes of the Business Committee, July 10, 2006

Procurement Card Purchasing Procedure 7320-P2

Approve Amendments to Sodexho Contract FY2006-07

Addition of Middle School Stipends ECA Account at Lincoln/Activities

Addition of High School Stipends ECA Account at Lincoln/Activities

Addition of Environmental Science Club ECA Account at West High

Request to Cancel Outstanding Warrants

 

Calendar/Agenda Planning

 

The Chair reported a meeting would be scheduled to complete the Board Retreat. The committee regarding mill levy issues will be on September 1st at noon. The following is the list of future scheduled meetings and events:

 

August 21, 2006 – Opening Day Breakfast, West High

September 5, 2006 – Agenda Setting

September 11, 2006 – Committees

September 18, 2006 – Regular Board Meeting

 

Superintendent Copps reported Pete Carparelli, former superintendent of Billings schools, has been selected to be the new Executive Director for the Montana Quality Education Coalition.

 

As there was no further business, the meeting adjourned at 7:05 p.m.

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

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