Special Board Meeting March 22, 2007

[Diane Blevins]

Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

March 22, 2007

 

Call to Order

 

The Special Meeting of 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 22, 2007, at 5:15 p.m.

 

Those present included: Trustees Dale Getz, Sandra Mossman, Joel Guthals, Mary Jo Fox, Dawn Achten, and Malcolm Goodrich, Superintendent Jack Copps, and District Leo Getz. Trustees Aragon and Kelker were excused.

 

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 Orchard Playground Project

 

Rich Whitney reported bids were put out on the proposed Orchard playground project. Only one bid was received for $394,166 by The Good Earth Works Company, Inc. Funding for the project is from the Sample family and the Sample Foundation. Trustee Getz made the following motion with a second by Trustee Achten:

 

Motion to accept the bid of The Good Earth Work Company in the amount of $394,166.

 

Rich Whitney said the remainder of the donated money would be used for unforeseen changes during the project. Also, other elements could be added into the project. Those voting in favor were Dawn Achten, Mary Jo Fox, Dale Getz, Malcolm Goodrich, and Sandra Mossman. The motion passed unanimously. Trustee Joel Guthals was ineligible to vote on elementary issues.

 

Grand Avenue Property: Decision on Lease or Sale

 

Thomas Harper reported the Hawkins Group was not interested in enhancing the ground lease. Superintendent Copps’s recommendation to the Board was for the sale of the property. The Chair stated it was the sense of the Board from a previous meeting to proceed forward with the sale if the lease could not be consummated. Trustee Getz made the following motion with a second by Trustee Mossman:

 

Motion that the Board authorize the administration to pursue the buy/sell agreement for the purchase price with the

Hawkins Group subject to implementing those technicalities and administrative issues that were brought to our

attention by Jeff Weldon.

 

Trustee Mossman wanted to include the other issues identified by and discussed by the Building Ownership Committee meeting. Trustee Guthals suggested that the motion clearly state that the Board authorize the sale of the Grand Avenue property to the Hawkins Group for the sum of $2,125,000 with the non-monetary terms of the sale agreement to be negotiated and finalized by the Superintendent and the District’s legal counsel. He also recommended that other issues to be considered would include provisions for subdivision of the property and a correct legal description for the property be included in the sale agreement and to make sure the conveyance would be a single deed process to be delivered to the buyer at the time of closing. Trustee Guthals stated the Board should make sure there were restricted covenants for the use of the property so that there would be no adverse conditions for the Lewis & Clark property and make provisions for zoning changes for commercial use. The Building Ownership Committee suggested the buyer pay for the subdivision of the property. The buyer has agreed to pay for the title insurance and the removal of the building. Trustee Guthals suggested the motion be changed as follows:

 

The Board approves the sale of the Grand Avenue property to the Hawkins Group as set forth in the buy/sell agreement in the amount of $2,125,000 with the non-monetary provisions of the buy/sell agreement to be negotiated and finalized by the Superintendent with the advise of the District’s legal counsel and that those non-monetary terms shall include clarification and provisions for proper subdivision, zoning of the property, legal description, restrictive covenants and the conveyance of a single grant deed to be delivered at the time of closing and any other matters to be deemed appropriate by legal counsel.

 

Trustee Getz approved the amended motion and Trustee Mossman approved the second to the amendment. Trustee Fox reported Glen Rickett recommended that the Board pursue a lease with an escalation clause and he felt the appraisal was flawed. She felt the appraisal should be redone. Trustee Fox also believed we made a mistake when we agreed to amend the lease offer while a sale agreement was in our back pocket. She heard that the Hawkins Group planned to lease an area farther down the street also.

 

The Chair stated it sounded as if there is the possibility that the Board may be leaving money on the table and there may be a possibility that the buyer might have some movement towards leasing, which is speculative. He was concerned the opportunity could be lost. Trustee Goodrich felt the purchase offers were the market value of the property and did not want to lose the chance for the construction of another elementary school using the proceeds of this sale. Trustee Achten stated she was going back and forth trying to decide but was more concerned about getting another elementary school built in the future.

 

Those voting in favor of the motion were Dawn Achten, Dale Getz, Malcolm Goodrich, and Sandra Mossman. Mary Jo Fox opposed the motion. The motion passed. Joel Guthals was ineligible to vote on elementary motions.

 

As there was no further business, the meeting adjourned at 6:10 p.m.

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder