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Regular Board Meeting March 19, 2007


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Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

March 19, 2007

 

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, March 19, 2007, 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, Dawn Achten, Dale Getz, Katharin Kelker, Mary Jo Fox, Superintendent Jack Copps, and District Clerk Leo Hudetz. Susan Messerly was excused. Sandra Mossman and Joel Guthals would participate beginning at 6:00 via phone from Helena.

 

Registered guests were Janet Baum, Kathy Boehler, Pam Meier, and Jeff Weldon.

 

Resolution of Appointment – Position of Elementary Trustee of Single Member District, No. 4

 

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

 

Motion to adopt the Resolution of Appointment to the position of Elementary Trustee of Single Member District, No. 4.

 

Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously. The following is the Resolution of Appointment:

 

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 Elementary Trustee of Single Member District, No. 4 as vacant on February 3, 2007;

 

Therefore be it resolved, that Kathleen Aragon is hereby duly appointed Elementary Trustee of Single Member District, No. 4 effective March 19, 2007 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 Elementary Trustee of Single Member District No. 4

 

The Chair administered the Oath of Office to Kathleen Aragon to the position of Elementary Trustee of single Member District No. 4.

 

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

 

The Chair moved the Monthly Legal Report to follow the Grand Avenue property discussion. Trustee Kelker made the following motion with a second by Trustee Getz:

 

Motion to approve the agenda with modifications.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously.

 

Recognition and Gifts and Donations

 

The Board recognized Taren Kingser, Senior High student, as a Delegate to the U. S. Senate Youth Program. The Board also recognized the following members of the West High Majorettes and Flags as the group took first place in National Competition: Kacey Austin, Marci Barman, Chelsey Barth, Krista Austin, Marci Barman, Christa Bigelow, Lauren Brunsvold, Kate Coburn, Linda Gleason, Kathy Hannah, Alyssa Hardy, Ashley Lanch, Paige Lawrence, Maddison Liberty, Samantha March, BreeAnna Martonen, Janae Miller, Tia Miller, Ariel Moffet, Katie Nearpass, Kasey Newkirk, Courtney Patterson, Alicia Pavilionis, Katie Pavilionis, Nicole Pavilionis, Morgan Prevost, Stephanie Renner, Desirae Rudolph, Megan Salo, Brittani Totten, Chelsea Vanluvanee, Erin Wall, Jennifer Williams, Elisa Wood and Coaches Vickie Schultz and Tina Walker.

 

The Board further recognized the State Champion West High boys basketball team: Shane Robison, Jimmy Swain, Ryan Kittleson, Casey Rogers, Jordan Everaert, Gary Fox, Jr., Tyler Tabbert, Nathan Hellyer, Eric Halverson, Joel Reitz, Sean McGrath, Ben King, Stanton Duke, Jase Muri, Mitchell Craig; Managers Marcus Drange, Kyle Cummins, Emily Harris; Head Coach Doug Robison; and Assistant Coaches Scott Carlson, Curt Brott and Kelly Darragh.

 

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

 

Motion to accept the gifts and donations with gratitude.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously. The following is the list of gifts and donations:

 

Big Sky – PTA, computers, leveled readers, office and school equipment and supplies

Yellowstone Soccer Association, soccer balls

Bitterroot – Junior League of Billings, grant for visit from Venture Theatre

Sarah Butts, direction of Venture Theatre

Heights Wal-Mart, gift card for Focus Fridays

Julie Majeske, money

Yellowstone Soccer Association, soccer balls

National Center American Heart Association, fitness challenge game

Highland – OPI School Computer Program, Scott Buswell, computer equipment

Meadowlark – Outback Steakhouse, afternoon proceeds from Meadowlark families

Barnes & Noble, activities and 20% proceeds from Meadowlark families purchases for a week

Home Depot, materials and staffing for Family Fun Build It Night for two years

Miles Avenue – Kun & Go, Chuck Crane, money

Orchard – Yellowstone Soccer Association, soccer balls

Dawn Paiaina, money through Wells Fargo’s community support campaign

Judy Moore, pencils for testing and school supplies throughout the year

Sandstone – Play It Again Sports, soccer balls

Kadrmas Lee & Jackson, soccer balls

Yellowstone Soccer Association, soccer balls

West High – NIKE, Inc., $50,000 from the Bowerman Track Renovation Program

 

Grand Avenue Property: Decision on Lease or Sale

 

Trustees Mossman and Guthals were participating via telephone from Helena beginning at 6:00 p.m.

 

The Chair reported that Request for Proposals were put out for bid throughout several states. Two bids were received from the Hawkins Group for a ground lease and a sale. Jeff Weldon reviewed the legal documents regarding the proposed lease and sale proposal. There are issues in all the documents that need to be addressed. The parcel of property would have to be subdivided if a sale were to occur. The property could be leased without being subdivided but zoning would have to considered. Closing the sale and subdividing the property would not happen by the timeline given by the buyer. The buy/sell agreement includes a clause giving them title without 15 days of signing. There is also a confidentially clause that the buyer is requesting. Some things might be kept confidential but some would be a matter of public record.

 

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

 

Motion that we approve in concept the proposal to lease the land that is currently occupied by the Grand Avenue elementary school providing that we are able to negotiate an escalator clause based on the cost of living index and that we are able to negotiate appropriate restrictions or covenants on the property so that the use in the future will be compatible with the existing adjacent school property.

 

Trustee Getz felt there were too many risks with a lease. He was concerned about escalation and there is too much uncertainty. He suggested the Board move forward to allow them to purchase the property and he could not support the motion. Trustee Guthals stated he could not vote as it was an elementary issue but on an advisory standpoint, if the present value of the lease is approximately $1,800,000 it is approximately $300,000 less than the proposed purchase price. There is a residual value worth of the land that the District retains so that at the end of the lease, the district would still own the land. The ground lease would help pay for a new elementary school. He suggested the motion be changed to authorize the Superintendent to negotiate with the Building Ownership Committee and the Hawkins Group on a sale or a ground lease subject to the terms or conditions with the advise of legal counsel. Trustee Mossman agreed with Trustee Guthals and stated she was concerned about the April 7th deadline.

 

Trustee Kelker felt the lease was economically in our best interest and did not want to lose the opportunity to cut a deal with this group. She would not feel uncomfortable with getting the best deal possible. Trustee Getz agreed and stated the Board needs to optimize the economic benefit and the District is not in the leasing business. Superintendent Copps stated that this is not an effort to unload a piece of property but it is a piece of property that has considerable value because it is of commercial value that would give us $2,125,000 which is $20 per foot. An elementary school should not be located next to that type of commercial traffic such as occurs on Grand Avenue. The property should be sold and use that $2,125,000 to reinvest into a capital construction effort in the future for the elementary district. Hawkins has no interest in a lease agreement. Mr. Copps felt the Board should be looking at a sale but if it decided not to sell, the property is not useable in its present state and would cost approximately $2,500,000 for renovations. The building must also be maintained as mandated by the city. The cost to demolish the building is $200,000.

 

Trustee Fox felt the Board should keep in mind the property is adjacent to Lewis & Clark Middle School and the value should be considered. It would become more valuable in time and believed it was in the best interest of the District to manage property with the future in mind.

 

Trustee Goodrich passed the gavel to the Vice-Chair. He stated that the Board was examining the purchase price offered for the property and the other option would be for a ground lease but the Hawkins Group is against an escalation clause for the first 25 years. If the District could get a lease with the present value amount close to the total purchase price offer, the Board should consider it providing that it does not revoke the purchase offer. If the lease can’t be made, then the property should be sold. Trustee Goodrich was also concerned that, if the property was sold or leased, the money be placed into the elementary building fund or the debt service fund. He wanted to make sure the money would not go into operations. The Vice-Chair returned the gavel to the Chair. Trustee Kelker made the following substitute motion with a second by Trustee Getz:

 

Motion to authorize the administration to enter into negotiations with the Hawkins firm first in regards to the lease and failing that, enter into terms of the purchase of the Grand Avenue elementary school property.

 

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

 

Monthly Legal Report

 

Jeff Weldon gave a brief report on the monthly legal report; the KTVQ case will be dismissed; the M.T. and Opie cases are still pending; the LeAnne Wickun has nothing new to report; and, the Delancy case has been dismissed by the Human Rights Bureau. Trustee Getz made the following motion with a second by Trustee Kelker:

Motion to accept the long-term suspensions.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously.

 

Approval of BEA Contract

 

Dan Martin recommended approval of the BEA contract as presented. Trustee Guthals viewed the contract as a win/win result in that we are giving our people the cost of living raise and giving us the ability to attract and retain new teachers. Trustee Fox was happy to see the starting salaries within the range of the top one or two ‘AA’ districts. Trustee Kelker made the following motion with a second by Trustee Achten:

 

Motion to approve the BEA contract as presented.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, Joel Guthals, Katharin Kelker, and Sandra Mossman. The motion passed unanimously. Trustees Guthals and Mossman were excused from the meeting at 6:50 p.m.

 

Levy Update

 

Thomas Harper reported the information is the same as the last Board meeting. The information shows a balanced budget in both districts and the money in the proposed mill levy will be used to open Beartooth and needs of the high school district. The Chair reiterated that no proposed mill levy dollar increases would be used for salary increases.

 

Superintendent Report

 

Superintendent Copps reported that the Career Center needed to be expanded for more students, as there are a little more than 100 students who would not be able to attend in its present configuration. He wanted to expand the opportunities at the Career Center with new programs that would be of interest to the students and would provide skills needed for work force needs for the community. We have decided to implement a new program called pre-engineering. The National Association of Engineers Program is called “Lead the Way”. Beginning next fall, a new program for pre-engineering will begin as well as new health career programs, and new opportunities in welding and graphics. Administration reviewed the facility at the Career Center and decided those programs could be implemented along with the West High freshmen academy. 25% of the freshmen will be moved back to West High. The West High Freshmen Academy will remain at the Career Center for the 2007-08 school year but a new facility may have to be found in the future.

 

Energy conservation Report/Recommendation

 

Trustee Getz reported a lot of money is spent on energy. It makes good sense to conserve what we consume due to fluctuating energy prices last year. The Budgeting for Results Committee reviewed the proposal from Energy Education Inc. but did not like the length of the contract terms, which was seven years. Trustee Getz made the following motion with a second by Trustee Kelker:

 

Motion to direct administration to evaluate: A) the employment of an energy manager with advice and training

provided by local resources; or, B) a Request for Proposal from an energy conservation company not to exceed

a two-year commitment, which would also include an energy manager. Direct administration to make an

appropriate recommendation to the Board.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously.

 

Bills Paid -- February, 2007

 

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

 

Motion to approve the bills paid.

 

Those voting in favor were Dawn Achten, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously. The following are the bills paid:

 

Fund Description Fund Total

101 Elementary General Fund $ 245,244.12

110 Elementary Transportation 191,209.74

115 Elementary Misc. Programs 62,332.79

117 Elementary Adult Education 4,475.50

128 Elementary Technology 1,129.67

160 Elementary Building 77,665.22

161 Elementary Building Reserve 721.30

184 Elementary Student ECA 48,101.88

185 Elementary Misc. Trust 38,953.79

201 H. S. General Fund 324,577.15

210 H. S. Transportation 136,082.26

212 H. S. Food Services 68.00

215 H. S. Misc. Program 12,000.63

217 H. S. Adult Education 236,675.43

218 H. S. Traffic Education 3,404.10

228 H. S. Technology 135.14

260 H. S. Building 52,585.44

261 H. S. Building Reserve 59.03

278 H. S. Self Insurance Health 961,888.80

279 H. S. Self Insurance -- Liability 1,711.02

282 H. S. Interlocal Agreement 85,355.69

284 H. S. Extracurricular 114,192,89

285 H. S. Misc. Trust 4,789.12

286 H. S. Payroll 1,424,974.81

Grand Total $4,028,333.52

ACH Tax Deposits 1,583,495.10

Payroll Warrants & Direct Deposits 4,421,246.98

Procurement Card 237,069.25 (Feb. 2007)

INTERCAP Loan by 2-15-07

Elementary Bond Payment

TOTAL $10,316,233.43

 

Financial Reports – February 2007 (Unaudited)

 

The following reports were reviewed by the budgeting for Results Committee:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Personnel Report

 

Trustee Kelker 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, Kathleen Aragon, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Katharin Kelker. The motion passed unanimously.

 

Appoint Ad Hoc Committee for Book Appeal

 

Trustees Mary Jo Fox, Katharin Kelker and Sandra Mossman were appointed to the Ad Hoc Committee for Book Appeal. Trustee Getz made the following motion with a second by Trustee Achten:

 

Motion to approve Trustees Kelker, Fox and Mossman to consider the book appeal

 

 

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

 

Items approved in the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, February 19, 2007

Budgeting for Results Committee Minutes, February 5, 2007

Earth Science, Biology and Physics Learning Objectives

Addition of Pre-School Special Funds Trust Account at Lincoln Center

Addition of Musical Instruments Trust Account at Poly Drive Elementary

Addition of Emergency Need Fund Trust Account at Rimrock ECI

 

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

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

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