Diane Blevins Posted January 14, 2008 Report Share Posted January 14, 2008 Proceedings of the Board of Trustees District No. 2, Yellowstone County High School District No. 2, Yellowstone County Billings, Montana December 17, 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, December 17, 2007, at 5:30 p.m. Chair Goodrich led those assembled in the Pledge of Allegiance. Members present included Trustees Katharin Kelker, Tim Trafford, Malcolm Goodrich, Dawn Achten, Joel Guthals, Sandra Mossman, Peter Gesuale, Mary Jo Fox, Kathy Aragon, Superintendent Jack Copps, and District Clerk Leo Hudetz. Registered guests included Jerry Hansen, Tim Goodridge, Ed Graff, Janet Baum, Marge Flynn, and Jock Michelotti. 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. Jerry Hansen addressed the Board regarding the proposed purchase of twenty vehicles for the Facilities Department. He was concerned about the funding through an Intercap loan. Keith Kohnke urged the Board to approve the purchase of the Cottonwood Property as approved by the voters. APPROVAL OF AGENDA The Chair moved the item on the purchase of the vehicles from the Consent Agenda to be discussed as a separate issue. Trustee Kelker made the following motion with a second by Trustee Mossman: Motion to approve the agenda as amended. Those voting in favor were Katharin Kelker, Tim Trafford, Malcolm Goodrich, Dawn Achten, Joel Guthals, Sandra Mossman, Peter Gesuale, Mary Jo Fox, and Kathy Aragon. The motion passed unanimously. RECOGNITION AND GIFTS AND DONATIONS The Board recognized Billings Senior High Volleyball team as the state championships. Those recognized are as follows: Jill Bates, Emily Carroll, Kylie Kufeld, Courtney Gopp, Kylie Edinger, Katie Pellinen, Mo Ritter, Hannah Stroebe, Ashley Welborn, and coaches Jeff Carroll and Kevin Keller. Dale Getz, representative of the United Way, recognized the District employees who donated a total of $50,193 which is a 117% increase over the past year or more than $28,000 increase. Student leaders from Skyview were also recognized as they donated $200 to United Way. Anne Cole, Billings Education Foundation, introduced Tim Goodridge from Perfect Pitch who presented a check for $4,000 to the District to be used for the Music Department. REMOVE FROM TABLE -- APPROVAL OF COTTONWOOD PROPERTY PURCHASE AGREEMENT OFFER TO CITY Trustee Gesuale made the following motion with a second by Trustee Fox: Motion to take from the table the November 19, 2007 motion which stated: Motion to approve the purchase on the Cottonwood property as outlined in the Cottonwood Park School Site Sale Agreement on pages 50-58 of the packet. Those voting in favor were Katharin Kelker, Tim Trafford, Malcolm Goodrich, Dawn Achten, Joel Guthals, Sandra Mossman, Peter Gesuale, Mary Jo Fox, and Kathy Aragon. The motion passed unanimously. DISCUSSION AND APPROVAL OF COTTONWOOD PURCHASE AGREEMENT OFFER TO CITY Jeff Weldon, District council, gave a brief recap on the Cottonwood property purchase agreement from the City. He suggested the purchase agreement contain additional due diligence provisions to allow the District to continue to evaluate the transaction to its satisfaction, including without limitation the following matters and details: parking and traffic flow, security; safety; health; expenses associated with any building or improvement to be located on the site; title matters; local, state and/or federal rules and regulations; hydraulics, including but not limited to water tables, piping, water delivery systems, and sewer; environmental matters; soil suitability; bonding and/or levy requirements; subsequent voter approvals; educational suitability; and other legal compliance issues. The Chair asked if the option to purchase has been formally exercised. Mr. Weldon reported the option was exercised by Board action and through the election process with approval by the voters on November 6, 2007. The buy/sell agreement should contain the contingencies with development of the land. Trustee Kelker made the following substitute motion with a second by Trustee Mossman: Move to make an offer to the City to purchase up to 10 acres in the Cottonwood Park, pursuant to the Development Agreement entered into by the District in 2002. The offer shall include a purchase price not to exceed $200,000 and shall be in the form of a purchase and sale agreement, substantially similar to the draft presented by Weldon to the Board at its November 19th meeting. In addition to the terms included in the draft purchase agreement, the offer shall include other terms in the best interest of the District, including due diligence provisions and contingencies. At a minimum, the purchase agreement shall include contingencies relating to the subdivision of the precise school site parcel, engineering, zoning and other legal compliance, city services, hydraulics, soil, traffic, and other environmental concerns. The Superintendent is directed to work with legal counsel to finalize and present the offer to the City. If the City does not accept the offer as presented, the Superintendent is directed to negotiate a final purchase agreement with the City, provided the Superintendent presents back to the Board any final purchase agreement before the District executes the agreement. In addition, the Chairman is authorized to work with the Superintendent and legal counsel to finalize the offer and any subsequent negotiations with the City. Trustee Gesuale reported the Planning and Development Committee has met twice to review all of the additional information in order to make their decision. He felt that the public criticisms of the Planning and Development Committee’s request for further information were unfair. Trustee Gesuale stated he supported the request for further information and the recommendation from the committee. Trustee Mossman reported the Planning and Development Committee voted, last Monday, unanimously in a non-binding vote to proceed with the purchase of the property. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. MONTHLY LEGAL REPORT Jeff Weldon reported arguments for summary judgment were held last week in the Opie case and the District Court should ask for judgment in the next two weeks. The Career Center/MSU-B transaction closed in the last week of November. The Grand Avenue School Sale also closed the last week in November. Trustee Kelker made the following motion with a second by Trustee Achten: Motion to accept the long term suspensions. Trustee Kelker reported there have been fewer suspensions this year. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. PROCEEDS FROM SALE OF PROPERTIES Thomas Harper stated the proceeds from the Grand Avenue property of $2,124,536.82 have been deposited into the District’s account Fund 160. $299,810 from the sale of the Career Center property has been deposited into the District’s account Fund 260. The funds will be used for capital improvements. ASSUMPTION OF CONTRACT FOR DEED OF GARFIELD SCHOOL PROPERTY Superintendent Copps gave a brief history of the sale of the Garfield Property on a contract for deed to the Child & Family Intervention Center. The contract contained a proviso that it be used for youth in the community functions. That organization is now defunct and the Yellowstone Boys and Girls Ranch has requested to assume the Contract for Deed to purchase the property. The issue has been addressed by the Budgeting for Results Committee and voted unanimously to approve the assumption of the contract for deed. Superintendent Copps recommended the approval. Trustee Fox recused herself from the vote as she is an employee of the Yellowstone Boys and Girls Ranch. Trustee Guthals made the following motion with a second by Trustee Kelker: Motion to approve Yellowstone Boys and Girls Ranch assumption of the Contract for Deed that the Child and Family Intervention Center, Inc. has with Billings Public Schools to purchase the Garfield School property. Include direction to the Chair to execute the following documents: 1) Consent to Assignment of Contract for Deed; 2) Quit claim Deed; 3) Warranty Deed. Those voting in favor were Dawn Achten, Kathy Aragon, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. SUPERINTENDENT’S REPORT Superintendent Copps reported that the CARE Program is now operating in the black and he hoped to recover the losses that were experienced in the beginning of the program. POLICY APPROVALS ON SECOND READING: DELETE POLICY 5010 TOBACCO FREE FACILITIES (REPLACED BY POLICY 9315) Trustee Guthals made the following motion with a second by Trustee Kelker: Motion to delete Policy 5010 Tobacco Free Facilities on second reading. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. APPROVAL OF FORMATION AND MEMBERSHIP OF 403(B) AD HOC COMMITTEE Leo Hudetz, District Clerk, stated the Internal Revenue Service issued comprehensive new guidelines in July 2007 covering 403(b) Deferred Compensation plans. This is the first change that the IRS has made in forty years. Mr. Hudetz recommended the Board establish an ad hoc committee to implement the new requirements and make recommendations as necessary to the Budgeting for Results Committee. He recommended the following to serve on the 403(b) Ad Hoc Committee: Leo Hudetz (District Clerk), Thomas Harper (Chief Financial Officer), Dan Martin (Human Resource Services Executive Director), Jeff Greenfield (President of the Billings Education Association), Dennis Lusin (DA Davidson Vice-President), and Eva Anthony as Committee Secretary (Payroll Benefits Specialist). Trustee Kelker made the following motion with a second by Trustee Guthals: Approve the formation of the 403(b) Ad Hoc Committee and the members as listed above. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. SENIOR AND WEST HIGH SCHOOL SURVEILLANCE SYSTEMS; AWARD BIDS FOR SENIOR HIGH AND WEST HIGH SCHOOL SURVEILLANCE SYSTEMS The Chair stated the surveillance systems item would not be heard tonight as it had not been properly noticed. Notice was not received in a timely fashion as information had been received less than 24 hours before the meeting. The item will be discussed at a Special Board Meeting on Thursday, December 20th at 11:45 a.m. BILLS PAID -- NOVEMBER 2007 Trustee Kelker made the following motion with a second by Trustee Fox: Motion to approve the bills paid for November 2007. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. The following is the list of bills paid for the month of November 2007: Claims $4,411,157.13 ACH Tax Deposits 1,705,514.91 Payroll Warrants & Direct Deposits 5,631.921.47 Procurement Card 253,669.39 INTERCAP Loan Network Infrastructure Elem. Bond Pmt. TOTAL $12,002,262.90 FINANCIAL REPORTS -- NOVEMBER 2007 (UNAUDITED) Trustee Guthals asked what had happened to the District’s funds in the Board of Investments. Thomas Harper reported that Yellowstone County manages that money and has pulled all of the District’s funds out of the Board of Investments. It was felt that there was too great a risk to leave the funds with the Board of Investments. The risks were measured against the rewards and it was found the reward was 5% with the Board of Investments and 4.5% with the banks which is less risk. Mr. Harper is investigating other options at this time. At the present time, Yellowstone County is paid 1% of the interest earned to manage our funds. Trustee Guthals suggested it would be an item for discussion by the Budgeting for Results Committee. Financial reports received are as follows: CS101 Account Expenditure by Fund CS102 Account Receipts by Fund CS105 Statement of Estimated and Actual Revenue CS108 Object Cost Analysis PERSONNEL REPORT Trustee Guthals asked if there was anything unusual or exceptional on the Personnel Report. Superintendent Copps reported there was nothing unusual or exceptional. Trustee Kelker made the following motion with a second by Trustee Achten: Motion to accept the Superintendent’s employment recommendations as presented in the Personnel Report. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. SUPERINTENDENT EVALUATION PROCESS Trustee Kelker reported the smaller survey will be used by the Board and the members of the COLT team. The completed surveys will be returned to Leo Hudetz who will compile the results. The Superintendent will have the choice as to how it will come to the Board, either in a private session or in public. APPROVE PURCHASE OF FACILITIES & WAREHOUSE VEHICLES The Chair reported Trustee Guthals had requested a discussion on the purchase of vehicles. The Budgeting for Results Committee had extensive discussions on the issue and agreed the prices of the vehicles were reasonable but that the matter should be addressed in a plan for the future. Budgeting for Results suggested the draft plan but had requested a couple of changes. The issue of how to pay for vehicles needs to be addressed and the wording needs to be reviewed to be assured it is correct. The committee agreed that the vehicles need to be purchased, that the amount is reasonable, use of an INTERCAP loan is acceptable and the increase of the length of the loan from five to seven years is acceptable. Mr. Harper will review the length of the payments. Trustee Guthals made the following motion with a second by Trustee Kelker: Motion to approve the purchase of the vehicles as presented for an estimated total of $408,563.98 and fund the purchase by increasing the current INTERCAP loan for the amount needed and extend the term from five to seven years. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. CONSENT AGENDA Trustee Kelker 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 Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. Items contained in the Consent Agenda are as follows: Regular Board Meeting Minutes, November 19, 2007 Budgeting for Results Minutes, November 12, 2007 Planning and Development Minutes, November 12, 2007 School Community Minutes, November 20, 2006 School Community Minutes, February 12, 2007 Curriculum: German I, II, III, and IV Learning Objectives Procedure 7320-P1 Expense Authorization/Reimbursement Canvass of Votes November 6, 2007 Elementary School Site Selection Mail Ballot Election Resolution -- Intent to Dispose of District Personal Property Montana Meth Project Survey Procedure 8100--P1 Bus “No Idle” Procedure Trustee Kelker made the following motion with a second by Trustee Achten: Motion to adjourn. Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Joel Guthals, Katharin Kelker, Sandra Mossman, and Tim Trafford. The motion passed unanimously. As there was no further business, the meeting adjourned at 6:35 p.m. Malcolm Goodrich, Chair Diane Blevins, Recorder Link to comment Share on other sites More sharing options...
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