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Regular Board Meeting December 18, 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

 

December 18, 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, December 18, 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 Malcolm Goodrich, Dale Getz, Rachel Stagg, Joel Guthals, Sandra Mossman, Katharin Kelker, Susan Messerly, Mary Jo Fox, Superintendent Jack Copps, and District Clerk Leo Hudetz. Trustee Dawn Achten was absent.

 

Registered guest was Jerry Hanson.

 

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.

 

Approval of Agenda

 

Trustee Goodrich reported the Vice-Chair would preside over the meeting at 7:10 at which time he would have to leave. Trustee Kelker made the following motion with a second by Trustee Getz:

 

Motion to approve the agenda.

 

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

 

Recognition and Gifts and Donations

 

The Board recognized Senior High’s girls cross country team as the 2006 state champions: Bridgett Hoenke, Alexa Aragon, AuraLea Fain, Phoebe Tollefson, Cara Lehman, Auriele Fain, Libby Tollefson, Heather Ray, and Coaches Steve Gardiner and Vince Long. The Board also recognized the Senior High state champion volleyball players: Kylie Edinger, Mo Ritter, Courtney Gopp, Jillian Bates, Cara Duberstein, Sara Kennedy, Kelly O’Malley, Kylie Kufeld, Emily Carroll, Hannah Stroebe, Ashley Welborn, Jandi Farnsworth, Kristin Carroll and Coach Jeff Carroll. Trustee Mossman was also awarded the MTSBA Certificate of Achievement.

 

The following is the 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 – U. S. Marshal Dwight MacKay, child safety tip magnets

United Methodist Women, warm clothing

Burlington – Costco Wholesale, products

Miles Avenue – JCPenney Company Fund, money for volunteer hours

Karen Brakke, volunteering

Orchard – West High National Honor Society, boxes of food

RSVP, Janice Popelka, knitted hats and mittens

Jason’s, Gazette subscription

Costco Wholesale, Gazette subscription

Holland & Hart, Gazette subscription

Judy Moore, six Christmas gifts for children in need

Pepsi-Cola Bottling Company, reader board, installation and supplies

Ponderosa – RSVP, hats and mittens

Mr. and Mrs. Merle Riggs, coat and money

 

City-County Planning Update

 

Candi Beaudry from the City-County Planning Board reviewed the summary of planning activities for the City of Billings. Residential development has slowed down this year with 375 lots approved, down from 858 previously. The total gross acres annexed to the city was a little less than one square mile in all directions for 2006. Since 2000, nine square miles have been annexed. Commercial development has been keeping pace with the past few years. Shiloh Road is one of the largest projects planned for the next few years. Public forums have been held in the middle schools to gain input from the public on proposed projects that people would like to see take place. One project proposed was a whitewater park in the Yellowstone River. Another request was to look at widening Grand Avenue west of Shiloh Road. Ms. Beaudry reported that the annex policy would be reviewed sometime in the near future. The city wants to make sure it can adequately serve new areas without putting burden on existing taxpayers.

 

Trustee Fox asked for the status of the land north of Constitution and south of Wicks. Ms. Beaudry reported the request for development has been removed. If the land were to be developed, the developer could dedicate land for a proposed school or a park. There is also the possibility of impact fees being used for a school. Superintendent Copps reported the District has been talking to the state DNRC regarding this property and the public hearings. Trustee Goodrich reported the item would be discussed at the January agenda-setting meeting on ways to communicate better with Ms. Beaudry on the park/school land issue and the impact fees.

 

Monthly Legal Report

 

Jeff Weldon, legal counsel for the District, reviewed the monthly legal report for the Board, as listed on page 7 of the agenda. Regarding the Petition of Billings High School District No. 2, the Supreme Court rules the District acted reasonably and no attorney fees would be awarded to the Billings Gazette. Mr. Weldon recommended a Board work session be scheduled to discuss the privacy issues. It was decided a meeting to discuss that issue would be scheduled for January or February.

 

Mr. Weldon presented the long-term suspensions for Board action. Trustee Kelker made the following motion with a second by Trustee Fox:

 

Motion to accept the long-term suspensions.

 

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

 

Legal Report – Motion for Indemnification

 

John Crist addressed the Board regarding a claim filed by LeAnne Wickun against District employees, Dennis Holmes, Scott Anderson, Dan Martin and Dave Williams. These employees are requesting indemnification as allowed by state law, MCA 2-9-305. The employees have made a written request to the District for legal defense and indemnification and have represented that all actions alleged to have been taken by them were done in the course and scope of their employment. The Board of Trustees have no reason to believe at the present that the actions taken by the named employees were not done in the course and scope of their employment. Based on the above information, Trustee Kelker made the following motion with a second by Trustee Fox:

 

Motion that the Board of Trustees of the high school district #2 for Yellowstone County indemnify Scott Anderson, Dennis Holmes, Dan Martin and Dave Williams and provide legal services to defend them in the lawsuit of LeAnne Wickun vs. Billings School District 2, et al.

 

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

Annual Financial Report FY2006 (Audit)

 

John Jacobsen, EideBailly LLP, presented the audit ending June 30, 2006 to the Board. Mr. Jacobsen gave a brief review of the report. The management letter states it is the responsibility of the auditors to plan and perform an audit of the financial statements that are properly reported. It is the responsibility of the District to design, implement and maintain a financial system that generates the financial statements, which also includes internal control of the assets of the District. Mr. Jacobsen reported no significant disagreements were found. He complimented Thomas Harper and his staff on the financial reports. Mr. Jacobsen reported there has been continued improvement over the past four years. There were two opinions in the report: financial statements and the federal monies. Both were unqualified opinions, or clean opinions, and the District continues to improve on documentation. Mr. Jacobsen reviewed a new GASB posting procedure beginning in 2008 or 2009.

 

Trustee Getz complimented Mr. Jacobsen and EideBailly in the professional manner in which they conduct the audit. Trustee Getz made the following motion with a second by Trustee Kelker:

 

Motion to accept the Annual Financial Report FY2006 and approve submittal to the State.

 

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

 

Building Ownership Committee’s Declaration of Property

 

Trustee Mossman reported the Building Ownership Committee has recognized that the Grand Avenue property is historically owned by the elementary district and is still owned by the elementary district and referred those present to the document on page 61. Trustee Mossman made the following motion with a second by Trustee Kelker:

 

Motion that the Building Ownership Committee recognizes that the Grand Avenue property is historically owned by the elementary district and is still owned by the elementary district.

 

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

 

Review of Building Condition

 

Rich Whitney, Facilities Director, reported no renovations have been done in the past 50 years on the Grand Avenue property. The estimated cost of repairs two years ago was $2,000,000 would have barely made the building safe, dry and warm for educational purposes. The cost now, with inflation, would be considerably higher. The Chair reported the District could utilize 5,000 square feet of that property for Lincoln Center administrators and the building is 30,000 square foot.

 

Building Ownership Committee’s Recommendation for Grand Avenue Property/

 

The Chair stated the Board must look at the cost of refurbishment of the property as well as the loss of the value of the property that could be extracted as an offer of $1,900,000 has been received. Trustee Guthals reported the committee and all those who advised it are of the same opinion that the area is not suitable for an educational facility on such a busy intersection. The committee’s recommendation is to put out a proposal to sell the Grand Avenue property or enter into a ground lease for that property. Trustee Kelker made the following motion with a second by Trustee Mossman:

 

Motion that the District not retain the Grand Avenue Property and move forward with a Request For Proposal for a

ground lease and a Request For Proposal for the sale of the property, and when those RFP’s are returned to the

District in the future, a determination be made that is more advantageous for the financial benefit of the District, which is the elementary district.

 

Jerry Hanson addressed the Board and urged them to look at the long-term use of the land for that area, as it could be useful in 30-40 years from now for Lewis & Clark. He did not oppose demolishing the building but did not want to get tied up in a ground lease for 75-90 years.

 

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

 

Budgeting for Results Update

 

Thomas Harper reported the surveys have been finished, and options for the community survey are being reviewed. The committee will meet again in January to approve the surveys and administer the surveys in February. Training has taken place and the Board will have to conduct a discussion on mill levies in February. The focus this year is on operations.

 

Recap of Results of Legislator Forum

 

Trustee Stagg reported the Legislator Forum was held on December 6th with 5 small focus groups. Each focus group contained legislators, business leaders, an administrator and one trustee. Superintendent Copps, Jim Duncan, Bruce McIntyre and John Cech addressed the groups in support of public schools. Items discussed by the groups were all day kindergarten, recruiting and retaining of teachers, facilities, and entitlement and inequities, as well as deferred maintenance.

 

Recommendation on Educational Adequacy Study

 

Trustee Mossman reported that after an extensive study, the Planning and Development Committee decided not to proceed with the high school adequacy study at this time, unless it was funded by private dollars. Trustee Mossman made the following motion with a second by Trustee Guthals:

 

Motion to approve the recommendation of the Planning and Development Committee to not proceed with the

educational adequacy study unless it is funded entirely by private dollars.

 

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

 

Superintendent’s Report

 

Superintendent Copps’ report addressed full-day kindergarten, the meth survey and a new proposed initiative for a Native American Achievement Center that is being considered.

 

The state is proposing an all-day kindergarten but Billings does not have adequate facilities to accommodate full-day kindergarten. In the Heights area, Beartooth could be opened for K-6 students. Rimrock could be opened again and kindergarten students could be bussed there as a kindergarten center. There is also room at Orchard for another kindergarten center. The cost to implement an all-day kindergarten is significant, as well as the opening up of two schools. The cost to implement the program would be $3,500,000-$5,700,000 but only $1,300,000 would come from the state.

 

A request has been received from the Montana Meth Project to conduct a survey in our schools, all three high schools and two middle schools. The purpose is to see how effective the meth project has been in Montana. The District’s policy states the Board would review the survey before it makes it available to the community and parents. Parents have the opportunity to opt out of the survey. The Board was given a copy of the survey and it will be an action item in the January meeting. The survey can be obtained from the Secondary Education office or the Superintendent’s office. If approved, a letter will be sent to parents to opt out of the survey.

 

A new program being considered in this District is the creation of a Native American Achievement Center. $200,000 has been received from the State for at risk students and those funds have been frozen. Almost 50% of Native American students drop out of school. A partnership could be formed with other entities to come together with technology and funds to create a Native American Achievement Center. MSU-Billings, Rocky Mountain College, Yellowstone Boys and Girls Ranch are all interested in forming a partnership. A possible site is Garfield School with a lease for $.50 a square foot for the proposed center.

 

Chair Goodrich left the meeting at 7:10 and Vice-Chair Kelker presided over the remainder of the meeting.

 

MCEL/MTSBA/AA Caucus Report

 

Trustee Mossman reported the AA districts met through VisionNet and reviewed a portion of the Myers study, which is costing out quality education as defined by SB52. The “AA” districts will meet as part of the legislative committee on the 2nd and 4th Wednesdays of the month via VisionNet.

 

 

Bills Paid – October 2006 plus Procurement Card Expenditures

 

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

 

Motion to approve the bills paid as presented.

 

Those voting in favor were Mary Jo Fox, Dale Getz, Joel Guthals, Katharin Kelker, Susan Messerly, Rachel Stagg, and Sandra Mossman. The motion passed unanimously. Following are the bills paid:

 

Fund Description Fund Total

101 Elementary General Fund $ 382,972.39

110 Elementary Transportation 205,187.54

114 Elementary Retirement 87.30

115 Elementary Misc. Programs 115,341.01

117 Elementary Adult Education 1,729.48

128 Elementary Technology 5,825.00

160 Elementary Building 199,870.87

161 Elementary Building Reserve 1,835.00

184 Elementary Student ECA 49,775.39

185 Elementary Misc. Trust 3,967.58

201 H. S. General Fund 345,411.00

210 H. S. Transportation 138.685.54

212 H. S. Food Services 446,016.73

215 H. S. Misc. Program 48,295.68

217 H. S. Adult Education 15,080.85

218 H. S. Traffic Education 17,286.58

229 H. S. School Flexibility Fund 378.75

260 H. S. Building 500.00

278 H. S. Self Insurance Health 829,897.80

279 H. S. Self Insurance Liability 1,736.64

282 H. S. Interlocal Agreement 58,555.28

284 H. S. Extracurricular 146,139.26

285 H. S. Misc. Trust 10,346.09

286 H. S. Payroll 1,481,690.79

Grand Total $4,506,612.55

ACH Tax Deposits 1,561,672.70

Payroll Warrants & Direct Deposits 4,388,162.54

Procurement Card 164,527.90 (Nov. 2006)

INTERCAP Loan by 2-15-07

Elementary Bond Payment

TOTAL $10,620,975.69

 

Financial Reports – November 2006 (Unaudited)

 

The following financial reports (unaudited) for November 2006 were received:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Personnel Report

 

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

 

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

 

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

Alcohol and Drug Policy – 3rd Reading

 

Trustee Guthals suggested adding “or alcohol in fuel mixtures approved by governmental agencies.” to the fifth paragraph as stated on page 98 of the agenda packet. Trustee Getz made the following motion with a second by Trustee Messerly:

 

Motion to approve the Alcohol and Drug Policy as amended by Trustee Guthals as per the 5th paragraph concerning

Ethanol.

 

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

 

Consent Agenda

 

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

 

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

 

Those voting in favor were Mary Jo Fox, Dale Getz, Joel Guthals, Katharin Kelker, Susan Messerly, Sandra Mossman, and Rachel Stagg. The motion passed unanimously. Items contained within the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, November 20, 2006

Special Board Meeting Minutes, November 13, 2006

Special Board Meeting/Legislator Forum, December 6, 2006

Audit Committee Minutes, September 15, 2006

Budgeting for Results Committee Minutes, November 6, 2006

School Community Committee Minutes, October 23, 2006

9-12 World Language French Learning Objectives

Addition of Ponderosa Second Grade Extracurricular Account at Ponderosa

Addition of Science Labs Extracurricular Account at West High

 

District Clerk Hudetz reported an area is available in Room 209 for Board members to work when they visit the Lincoln Center.

 

As there was no further business, the meeting adjourned at 7:20 p.m.

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

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