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Regular Meeting November 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

 

November 19, 2007

 

CALL TO ORDER

 

The Regular Board 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, November 19, 2007, at 5:30 p.m.

 

Vice-Chair Kelker led those assembled in the Pledge of Allegiance.

 

Members present included Trustees Katharin Kelker, Tim Trafford, Sandra Mossman, Peter Gesuale, Mary Jo Fox, Kathy Aragon, Superintendent Jack Copps, and District Clerk Leo Hudetz. Trustees Malcolm Goodrich and Dawn Achten were excused.

 

Registered guests included Erin Cade, Leslie Small, Stacy Klippenstein, Dan Carter, Lindsey Krywaruchka, Debbie Hedrick, Greg Senitte, Brent Carpenter, Cheri Johannen, Jay Lemelin, and Russell White.

 

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. There were no public comments.

 

APPROVAL OF AGENDA

 

Vice-Chair Kelker suggested moving the report from the Planning and Development Committee to follow the dual credit report and approval. Trustee Guthals made the following motion with a second by Trustee Gesuale:

 

Motion to approve the agenda as amended.

 

Those voting in favor were Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

GIFTS AND DONATIONS

 

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

 

Motion to accept the gifts and donations with gratitude.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. The following are the gifts and donations:

 

Bench – Kelly Dennehy, State Farm Insurance

Bitterroot – Rimrock Opera

- Montana Conversation Corps

- Montana Boiler Service

- Zentz Lumber

- Gainan’s Nursery

- Harvest Church

- Tony Samsel

- Dan Wichman

- Bitterroot PTA

- Dennis Erickson

Broadwater – Margot Narum, MMN, Inc.

Central Heights – David Meeks and KAKATU Foundation

McKinley – Rita Solem

Miles Avenue – Target, Take Charge of Education Program

- Office Max, Adopt-A-Classroom

- Wells Fargo Foundation

- Jason Carter

- Western Heritage Center

Orchard – RSVP

- Adeline Garcia

Ponderosa – St. Thomas Catholic Church

Will James – Jim Nell

- Simply Wine

- Marsh Family, Midland Claims

District – Kelly Dennehy, State Farm Insurance

- Neil Clark, ATM Express

Technology – Hardin School District, Albert Peterson, Supt

- Genie Thorberg

Trading Card Program – Billings Gazette

- George and Patricia Selover

 

REPORT FROM BUDGETING FOR RESULTS COMMITTEE

 

Trustee Kelker reported, as Chair of the Budgeting for Results (BFR) Committee, the major issue this month was a presentation by Rich Whitney, Facilities Director, showing the list of items on the building reserve list and funding those projects. Mr. Whitney will refine the list and report back at the next BFR meeting along with a list of prioritizations of the District. The committee will then make a recommendation to address the issues. The second issue discussed at the last BFR meeting was the condition of facilities’ vehicles. The committee will consider the replacement of those vehicles as there are some that are twenty years old. The BFR committee has suggested a policy that would address the replacement of the fleet of vehicles. The committee will also review an INTERCAP loan to purchase new vehicles.

 

Trustee Guthals reported another task given to Rich Whitney is a list of capital improvement projects and the necessary repairs and improvements that have to be done from the existing list. The committee would then have a good idea as to what the District is looking at to keep the facilities in good order. A recommendation will come forward to the Board which will include a recommendation on a possible building reserve levy.

 

MONTHLY LEGAL REPORT

 

Jeff Weldon, the District’s legal counsel, reported there was nothing to report on the Columbia Falls case and the Opie case has completed the discovery phase.

 

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

 

Motion to accept the recommendation from the committee on long term suspensions.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

DUAL CREDIT REPORT AND APPROVAL

 

Superintendent Copps stated the Dual Credit program would allow high students college credit as well as credit for graduation requirements. The courses are offered on District property and are actual college classes that are taught by District teachers who have been approved by the college. No tax dollars are used to support the program. MSU-B is offering a 30% tuition discount students who qualify for the courses. Scholarships will be used for those students who are not able to pay for the courses. Mr. Copps requested that the Board approve the Dual Credit Agreement and also the Dual Credit memorandum of understanding with the BEA.

 

Chancellor Sexton, MSU-B, stated the program would begin during the spring semester which will give the District and college an opportunity to refine any issues and also to look at the issue of not having a District teacher who is qualified to teach a particular course. All of the classes included in the plan are transferable credits across the university system. There is no way to guarantee that credits will transfer outside of the university system.

 

Superintendent Copps reported the Billings Education Association (BEA) President, Jeff Greenfield, participated in the meetings on the dual credit program and the BEA was instrumental in developing the program.

 

Trustee Fox asked how many students were expected to enroll in the first semester. Mr. Copps did no have a number at this time but three classes will be offered. If there are not enough students enrolled in a class, that class will be cancelled as the program must be self-supporting. Trustee Fox was in favor of the program but voiced her concern that those who could not afford the classes would be able to receive a scholarship. Mr. Copps stated that he was seeking donations from various organizations to fund the scholarships for those who could not afford the classes.

 

Trustee Guthals wanted to be sure that all students regardless of their financial status will be able to take the courses. Are there funds available from the District to help those students who could not afford the class? Superintendent Copps did not believe it was legal according to state statutes to use District funds for college credit for students. He has agreed to raise $60,000 with the goal of creating an endowment fund. All teachers for dual credit classes are certified, licensed School District #2 teachers. Trustee Guthals suggested that point should be contained in the Dual Credit Agreement. Chancellor Sexton stated that, in the future, it might be the case that School District #2 might not have a qualified teacher for a particular course.

 

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

 

Motion to approve the Dual Credit Agreement with the inclusion of “all teachers teaching dual credit courses shall be properly certified and qualified School District #2 teachers“.

 

Trustee Gesuale asked if there is a requirement that the students graduate from high school. Chancellor Sexton reported there was no requirement. Trustee Gesuale asked what has been done for the honors program. Mr. Copps stated there was no evidence that other programs will be endangered.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

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

 

Motion to approve the Memorandum of Understanding with the BEA.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

 

 

REPORT FROM PLANNING AND DEVELOPMENT COMMITTEE

 

Trustee Mossman reported the Planning & Development (P&D) Committee discussed the issue of constructing a high school in the Lockwood area. A school capacity report was also heard as well as the purchase of the Cottonwood property. A recommendation by the P&D Committee will be made by November 30th on the Cottonwood property. The next meeting of the P&D committee will be held on November 26th for consideration of the property. A lengthy discussion at the last committee meeting was held and a vote was taken but it was determined that two members of the committee had not yet been approved by the Board.

 

APPROVAL OF COTTONWOOD PURCHASE AGREEMENT OFFER TO THE CITY

 

Jeff Weldon reviewed the agreement with the City for the purchase of the Cottonwood property. Mr.Weldon said, the District may commit to purchase land for a school site but it cannot build before there is approval from the voters. The Board is authorized by law to purchase the property. Trustee Gesuale asked, if the District does not build in ten years, is the City obligated to purchase the land back? Mr. Weldon stated, in accordance with the contract, the City would have to purchase the land back in ten years from the exercise of the option, which was 11/6/2007 as approved by the voters. He stated he would clarify that the date was November 6, 2007.

 

Trustee Aragon felt the issue of the exact location of a school on that parcel of land, as was raised by the P&D Committee, be addressed before approving the purchase. Mr.Copps stated the City and District decided the northwest corner of the property was the best suited for a school site. Trustee Mossman made the following motion:

 

Move that we approve the purchase agreement on the Cottonwood Property as outlined on pages 50 through 58.

 

The motion died due to a lack of a second.

 

Superintendent Copps stated the southside needs were addressed with the remodel of Orchard and Ponderosa Elementary Schools and the needs of the Heights area were met with the reopening of Beartooth. He further reported on the area surrounding the Cottonwood property. West of Shiloh Road, there are 548 K-6 students. Mr. Copps recommended the Board approve the purchase of the Cottonwood property and plan for an elementary school on the site.

 

Trustee Kelker reported the property was donated to the City by a couple who had intended a school and a park be constructed. The District has asked the voters for permission to consider the site for a school location. A vote to purchase the land does not obligate the District to build a school.

 

Trustee Fox asked if the District was guaranteed by the City of Billings that the price of the property would not exceed $200,000. Mr. Copps stated there is no guarantee of purchasing the property for $200,000. He felt a school could be built on seven acres, not the ten acres as has been recommended, as the adjacent property would be a park and could be utilized by the students. Trustee Fox asked if city services would be available. Mr. Copps reported the City informed him that the services would be there. Trustee Fox further asked if this would be the next site for a school. Superintendent Copps stated, now that Beartooth and Rimrock have been reopened and the Orchard facility completed, the next area of interest is west of Shiloh, otherwise the school boundaries would have to be addressed. The District is in a better financial position now as the proceeds from the sale of Crossroads, $2,100,000, could be used for the construction. Combining this money with matching funds received from the State would allow the District to build a $6,500,000 school for $1,500,000. Mr. Copps felt the need for a school on the Cottonwood site is greater than the midtown area. Schools needing repairs in the midtown area are Broadwater and McKinley. Superintendent Copps stressed the fact that these schools need to be addressed along with the building of a school on the Cottonwood site.

 

Trustee Guthals, as a high school trustee, stated the Board has given notice to the City to exercise the option to purchase, of which the voters have given their approval. The money is available for the purchase of the land. The Board must address the conditions of buildings in both districts by either replacing or refurbishing. Mr. Guthals stated, if he were able to vote on this elementary issue, he would support the motion to purchase the Cottonwood site.

 

Trustee Mossman believed that the public had spoken so she made the following motion with a second by Trustee Kelker:

 

Motion to approve the purchase agreement on the Cottonwood property as outlined in the Cottonwood Park School Site Sale Agreement on pages 50-58 of the packet.

 

Trustee Gesuale felt to decide on this issue at this meeting was a violation of the law and the Bryan court decision as the Board was viewing information that had just been supplied at this meeting. He further stated that he disagreed with the demographics and did not condone the way the P&D Committee vote excluded two people who had not been approved by the Board. Trustee Fox stated she needed questions answered before approving the purchase and wanted time to study the new information. Superintendent Copps reported that smaller versions of the large maps received tonight were included in the green booklet that the Board received last week. He also stated that the map was displayed at the entrance of the Board Room.

 

Superintendent Copps reported there were no kindergarten students attending Arrowhead as they are being transported to other schools. Any new school that would be built would take pressure off of other schools, including those in midtown.

 

Trustee Fox did not feel that the vote by the P&D Committee to wait to purchase the property should not be considered a ‘no’ vote but a request for more information. Trustee Gesuale felt the dollars could be used in other areas.

 

Trustee Trafford, a high school trustee, stated a vote is not the only option available tonight. The issue could be tabled and the P&D Committee be asked to iron out the terms before bringing it back to the Board. As there are two trustees absent tonight, it would give the full Board the opportunity to make the decision.

 

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

 

Motion to table the issue.

 

Those voting in favor were Peter Gesuale, Mary Jo Fox, and Kathy Aragon. Those opposing were Sandra Mossman and Katharin Kelker. The motion passed.

 

APPROVAL OF COVENANTS FOR GRAND AVENUE PROPERTY

 

Jeff Weldon reported the covenant agreement would be filed separately from the deed. He stated that the Chair, Malcolm Goodrich, had reviewed the agreement and felt it was fine and requested authorization from the Board. Trustee Gesuale made the following motion with a second by Trustee Fox:

 

Motion to approve the covenants for the Grand Avenue property.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Katharin Kelker, and Sandra Mossman. Joel Guthals and Tim Trafford were not eligible to vote on elementary issues. The motion passed unanimously.

 

APPROVAL OF ACCOUNT PLACEMENT OF FUNDS FROM SURPLUS PROPERTY SALE AT CAREER CENTER

 

Jeff Weldon reported the transaction of the sale of the land by the Career Center will come at the end of the month. Trustee Gesuale made the following motion with a second by Trustee Guthals:

 

Motion to approve the deposit of funds from the sale of the approximately 7.2517 acres of high school land by the Career Center to MSU College of Technology into the High School Building Fund 260.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

SUPERINTENDENT’S REPORT

 

Superintendent Copps gave a brief recap of the CARE After School Program. The demand has not been what was expected as the program must be self-supporting. It has been determined, due to the low participation, the program would either have to be shut down entirely or modified. Mr. Copps stated the decision was made to lay off 11 of the 23 employees in order to realize a profit of $1,900 a month. Highland students will move to the McKinley site. There is also the opportunity for some students to receive a scholarship if they are unable to afford the program.

 

Mr. Copps reported on the continuing education opportunities for the District. The Credit Recovery Program has been a successful program and has made a significant impact. Once students have been suspended for the long term, they often lose interest in returning to school. The District needs to work with that student and family. Mr. Copps hoped to put together a long term suspension program off school property. One suggestion was to enter into an agreement with Tumbleweed with the source of funds being from the Adult Education Reserve Program. The students would have to be 16 years of age or older with only the basic core of subjects offered.

 

Rich Whitney and Jim Foley, an architect on the Orchard playground project, gave a brief presentation on the playground at Orchard. The Sample family had given a donation of $400,000 for the project. They have now donated another $542,000 in addition to the $400,000 to be used for the next phase at Orchard which would include basketball courts and athletic fields.

 

POLICY 5007 ALCOHOL, TOBACCO AND DRUG FREE WORKPLACE

 

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

 

Motion to approve Policy 5007 Alcohol, Tobacco and Drug Free Workplace on third and final reading.

 

Trustee Fox offered a friendly amendment to the policy which would include the statement ‘The District has zero tolerance for any violations of this policy.’ Trustee Kelker reported if the District had the statement of zero tolerance, it could not continue to use different types of consequences that may apply.

 

Jeff Greenfield, BEA President, addressed the Board and stated adding this language was a demand bargain issue and a change in working conditions. He stated that the Policy Review Committee and the BEA finally reached a point that all were comfortable with. If the clause were put back in, Mr. Greenfield would have to file an unfair labor practice.

 

Those voting in favor of the amendment were Tim Trafford, Peter Gesuale, and Mary Jo Fox. Those opposing the amendment were Kathy Aragon, Katharin Kelker, Sandra Mossman and Joel Guthals. The motion was defeated.

 

Those voting in favor of the original motion were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

POLICY 9315 ALCOHOL, TOBACCO & DRUG FREE SCHOOLS, EVENTS, ACTIVITIES & FACILITIES

 

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

 

Motion to approve Policy 9315 Alcohol, Tobacco and Drug Free Schools, Events, Activities and Facilities on third and final reading.

 

Trustee Fox made the following motion:

 

Motion to put back in the first paragraph of Policy 9315 that the “District has zero tolerance of a violation of this policy“.

 

The motion died due to a lack of a second.

 

Trustee Gesuale asked if there was any question that this policy prohibits the smoking that is taking place on Skyview’s campus. The Chair stated it does explicitly prohibit smoking on Skyview’s campus. Mr. Copps wanted the Board to understand that if they want the policy enforced, there will be increased dropouts. If the Board wants the policy to be enforced, students will be suspended from school or possibly long-term suspensions will occur. Students will be told to either quit smoking or walk across the street which could anger the residents who live across the street.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

DELETE POLICY 5010 TOBACCO FREE FACILITIES

 

Debbie Hedrick, Yellowstone County Health Department, addressed the Board to offer help to students to quit smoking. She offered the services of the county health department to aide the District.

 

Policy 5010 has been replaced by Policy 9315. Trustee Guthals made the following motion with a second by Trustee Gesuale:

 

Motion to delete Policy 5010 Tobacco Free Facilities on first reading.

 

Those voting in favor were Kathy Argon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

APPROVAL OF NEGOTIATING TEAMS FOR FALL 2007-SPRING 2008

 

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

 

Motion to approve contract negotiating teams for Fall 2007-Spring 2008 as proposed.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

The following are the approved negotiating teams:

 

BEA Malcolm Goodrich

Kathy Kelker

Joel Guthals

 

 

MPEA Sandy Mossman

Dawn Achten

Kathleen Aragon

 

BCEA Mary Jo Fox

Peter Gesuale

Tim Trafford

 

BILLS PAID -- OCTOBER 2007

 

The bills paid for October 2007 have been reviewed by the BFR Committee. Trustee Guthals made the following motion with a second by Trustee Gesuale:

 

Motion to approve the bills paid for October 2007.

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. The following are the bills paid:

 

Claims $3,578,552.75

ACH Tax Deposits $1,668,381.09

Payroll Warrants & Direct Deposits $5,499,705.03

Procurement Card $ 286,824.22

INTERCAP Loan Network Infrastructure

Elem. Bond Pmt.

TOTAL $11,033,463.09

 

FINANCIAL REPORTS -- OCTOBER 2007 (UNAUDITED)

 

The following were the financial reports (unaudited) received by the Board:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Trustee Gesuale asked if there was any discussion on significant variances from the year-to-date numbers to budget. The Chair reported the only ones discussed were the areas of a deficit and reasonable explanations were given.

 

PERSONNEL REPORT

 

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

 

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

 

Those voting in favor were Kathy Argon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously.

 

CONSENT AGENDA

 

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

 

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

 

Those voting in favor were Kathy Aragon, Mary Jo Fox, Peter Gesuale, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. Items approved in the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, October 15, 2007

Special Meeting/Board Retreat Minutes, October 8, 2007

Budgeting for Results Minutes, September 10, 2007

Planning and Development Minutes, February 12, 2007 (Revised)

Planning and Development Minutes, September 10, 2007

Approve Committee Appointments

Approve Name Change for Energy Innovation Committee

Approve Revised Procedure 1130-PI Committees General Procedures

Request to Cancel Outstanding Warrants

Addition of Advanced Activities Extracurricular Account at West High

Addition of WHAM Extracurricular Account at West High

 

As there was no further business, the meeting adjourned at 8:25 p.m.

 

 

 

 

 

Katharin Kelker, Vice-Chair

 

 

 

Diane Blevins, Recorder

 

 

 

 

 

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