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Regular Board Meeting March 17, 2008


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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 17, 2008

 

CALL TO ORDER

 

The Regular Board Meeting/Board Retreat 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 17, 2008, at 5:30 p.m.

 

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

 

Registered guests included Jerry Hansen, Penny Alison, Kelly Smyth, Eric Dunham, Jeff Dunham, Brenda Dunham, Jeri Anton, Shelli Strouf, Elsie Arntzen, and Janet Baum.

 

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 to discuss the Superintendent’s contract and the audit financials. He voiced his concern that the Superintendent’s contract was not on the agenda as it was discussed at the agenda-setting meeting. He also voiced his concern that the audit financials were not ready as they were to be completed by December 31, 2007. He asked if there were any concerns as a result of the audit.

 

Jeff Greenfield, Billings Education Association President, voiced his disappointment on the general fund budget changes that have occurred again and that the health insurance had been increased by $300,000 in an estimation. The changes will make labor negotiations even more difficult now that the general fund budget has changed again and because all changes were in expenditures.

 

APPROVAL OF AGENDA

 

The Chair reported there would be no vote this evening on Item I to adopt a resolution of the intent to reimburse expenditures from the proceeds of the clean renewable energy bonds. The issue will be placed on the agenda for March 31st. Trustee Guthals made the following motion with a second by Trustee Fox:

 

Motion to approve the agenda as corrected.

 

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.

 

RECOGNITION AND GIFTS AND DONATIONS

 

The following candidates for the 2008 U. S. Presidential Scholars Program were recognized for their achievements: Kelsey Johnson, Senior; Andrew Letson, Skyview; Eric Dunham, Jon Gauer, Megan Mullowney, and Alison Smyth, West High.

 

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

 

Motion that the Board recognize the people/groups for their gifts and donations as listed in this agenda item:

 

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 are the gifts and donations:

 

Bitterroot -- Millie Lohrmann

Julie Majeske

Sue Ness

Ron Foos

Ponderosa -- St. Thomas Catholic Church

District -- Terra Barcus

 

BUDGET FORECAST FY2008-09

 

Trustee Kelker reported the Budgeting for Results Committee (BFR) has been receiving presentations at each meeting on the budget forecast. The ANB has been going down which will account for a shortfall in revenue. The increase in health insurance was not as great as had been anticipated. Thomas Harper, Financial Officer, stated that there were no changes expected on the revenue side but there have been increases on the expenditure side with the elimination of the MAC funds and the costs of those persons involved in MAC funding moving back into the general fund. Also, there will be increases in long term insurance, liability insurance, and workers’ compensation. There is still work to be done on the high school budget as the committee has been focusing on the elementary general fund.

 

Trustee Goodrich asked if the presumptions include passage of a levy. Mr. Harper responded that they do. The motion passed unanimously. The Chair also asked if the assumptions include the closure of Rimrock Elementary. Mr. Harper stated that was correct. Superintendent Copps stated all of the numbers included on page 13 of the packet were very premature and felt the information should be reviewed by the COLT team before presenting it to the Board. The Chair asked, as the BFR moves forward in the process and discussing the closure of Rimrock, firm numbers should be developed on the cost savings and also the cost of repairs for Rimrock if the school was not closed. He also felt there was a need to develop a list of alternatives that could be eliminated such as elementary activity clubs, as well as the reduction of staff and the number of FTE affected if Rimrock were to close. The Chair felt it was important that as much information as possible be given to the public before the levy date. He asked the administration to develop different options available to address the budget deficit and to go before the BFR Committee with these options.

 

It was the sense of the Board to wait on the discussion to sell Rimrock Elementary and have a discussion on the refurbishment first. Trustee Fox asked what was the capacity of Rimrock. Mr. Copps reported it is 200, which is not efficient for an elementary, neighborhood school. It would be possible to use it as a kindergarten center and bus students from throughout the city. Mr. Copps stated the Board could be given numbers for the upcoming work session on what happens if a levy were to fail and the administration’s intent of what would occur.

 

Trustee Mossman stated the Board had requested to have the form from page 13 in the packet to be kept informed. The BFR recommended a budget prioritization committee be formed and she urged administration to form that committee as soon as possible. Trustee Guthals agreed with the Chair that the Board should no consider closing or selling Rimrock until the Board’s facility plan is finished. He also asked Mr. Harper to meet with Mr. Greenfield to answer any questions that he may have.

 

RESOLUTION CALLING FOR A HIGH SCHOOL/ELEMENTARY TRUSTEE MAIL BALLOT ELECTION BY SINGLE MEMBER DISTRICT -- MAY 6, 2008

 

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

 

Motion to adopt the resolution calling for a High School/Elementary Trustee Mail Ballot Election by single member district to be held on May 6, 2008.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Katharin Kelker, and Sandra Mossman. Joel Guthals and Tim Trafford are ineligible to vote on elementary issues. The motion passed unanimously. The following is the resolution:

 

WHEREAS the trustees of any district shall have the authority under the provisions of section 20-20-201, MCA, to call for a school election and;

 

WHEREAS an election of trustees shall be conducted annually on the regular school election day, the first Tuesday after the first Monday of May;

 

THEREFORE BE IT RESOLVED that the trustees of School District No. 2, Yellowstone County, call for a mail ballot election of the registered electors of the district to be held on the 6th day of May, 2008, for the purpose of electing two (2) high school/elementary trustees by single-member district. One trustee shall be elected from each of the single member districts numbered one (1), and two (2); and, each position shall be for a three-year term. If it is later determined that any portion of the election is not required, the Board of Trustees authorizes the Yellowstone County Election Administrator to cancel that portion of the election in accordance with 13-1-304 and 20-3-313 MCA. The elector shall return the ballot by mail or deliver it to a place of deposit designated by the Yellowstone County Election Administrator so the ballot is received prior to 8:00 p.m. on Election Day.

 

RESOLUTION CALLING FOR A H.S. TRUSTEE MAIL BALLOT ELECTION (NOMINATING DISTRICT B) -- MAY 6, 2008

 

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

 

Motion to adopt the resolution calling for a High School Trustee Mail Ballot Election (Nominating District B) to be held on May 6, 2008.

 

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 resolution is as follows:

 

WHEREAS the trustees of any district shall have the authority under the provision of section 20-20-201, MCA, to call for a school election and;

 

WHEREAS an election of trustees shall be conducted annually on the regular school election day, the first Tuesday after the first Monday of May;

 

THEREFORE BE IT RESOLVED that the trustees of High School District No. 2, Yellowstone County, call for a mail ballot election of the registered electors of the district to be held on the 6th day of May, 2008, for the purpose of electing one (1) high school trustee (of the Nominating District B). The position shall be for a three-year term. If it is later determined that any portion of the election is not required, the Board of Trustees authorizes the Yellowstone County Election Administrator to cancel that portion of the election in accordance with 13-1-304 and 20-3-313, MCA. The elector shall return the ballot by mail or deliver it to a place of deposit, designated by the Yellowstone County Election Administrator so the ballot is received prior to 8:00 p.m. on Election Day.

 

RESOLUTION CALLING FOR AND SETTING THE AMOUNT OF AN ELEMENTARY LEVY MAIL BALLOT ELECTION -- MAY 6, 2008

 

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

 

Motion to adopt the Resolution Calling for an Elementary Levy Mail Ballot Election to be held on May 6, 2008 and declaring the amount of the Elementary Levy Election to be $817,714, such amount being approximately 5.53 mills with the ballot language as follows: Shall the elementary district be authorized to impose an increase in local taxes to support the general fund in the amount of$817,714, which is approximately 5.53 mills for the purpose of providing funds to support the general fund for the proper maintenance and operation of the elementary district? Passage of this proposal will increase the taxes on a home with a market value of$100,000 by approximately $10.99 and on a home with a market value of $200,000 by approximately $21.97. The levy is permanent once approved by the voters, assuming the district levies that amount each year thereafter.

 

Those voting in favor were Dawn Achten, Kathy Aragon, Mary Jo Fox, Peter Gesuale, Malcolm Goodrich, Katharin Kelker, and Sandra Mossman. Joel Guthals and Tim Trafford are ineligible to vote on elementary issues. The motion passed unanimously. The resolution is as follows:

 

WHEREAS, the trustees of any district shall have the authority under the provision of section 20-20-201, MCA to call for a school election;

 

WHEREAS, the trustees of this district shall have the authority under the provisions of section 15-10-425 and Title 20 of the Montana Code Annotated to set the amount of a mill levy.

 

THEREFORE BE IT RESOLVED, that the trustees of School District No. 2, Yellowstone County call for a mail ballot election of the registered electors of the District to be held on the 6th day of May, 2008, for the purpose of voting upon the question of whether or not the trustees shall be authorized to make a levy for the purpose of providing funds to support the general fund for the proper maintenance and operation of the elementary district for the 2008-2009 school year, beginning July 1, 2008; and,

 

THEREFORE BE IT RESOLVED, that the trustees of School District No. 2, Yellowstone County declare that the amount of the elementary levy election to be held on May 6, 2008 shall be $817,714, such amount being approximately 5.53 mills. The levy is permanent once approved by the voters, assuming the district levies that amount each year thereafter.

 

The elector shall return the ballot by mail or deliver it to a place of deposit designated by the Yellowstone County Election Administrator so the ballot is received prior to 8:00 p.m. on Election Day.

 

SUPERINTENDENT’S REPORT

 

Superintendent Copps reported the Montana Quality Education Coalition (MQEC) is returning to court to ask for the Supreme Court to direct the legislators to provide some relief for the school districts. The legislators are giving 1.4% for 2008/09. The State Superintendent has directed MQEC for direction before the requirements of SB152 (which defines a quality education) are satisfied. One main problem is the need to provide resources for the At Risk students. The legislators never costed out a solution to fund the definition of education. Mr. Copps felt the State Superintendent of Public Instruction should be the most important advocate for education but we are not hearing any support from that office at this time. MQEC’s goal is to come up with a long-term solution to school funding.

 

Mr. Copps reported the enrollment for the Career Center a year ago was 610 students and the expectation is for over 900 students for the next year.

 

AGREEMENT FOR CLEAN RENEWABLE ENERGY BONDS DUE DILIGENCE

 

Trustee Guthals reported the Internal Revenue Service has given approval for the Credit Renewable Energy Bonds (CREB) and now the process needs to begin for due diligence. A letter was received from Matney-Frantz Engineering stating their cost is $15,000 for the three projects. The next step is to determine if it can move forward to issue bonds for the programs that generate energy, which would be paid for by the energy generated. The bond holders receive a special tax credit. The energy generated will be sold to Northwestern Energy and those funds will go to the District. It will provide a cash flow for the District, which will increase after the bonds are paid off in fifteen years. The bonds are non-general obligation bonds.

 

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

 

Motion to approve the Engineering Letter Form of Agreement for CREBs due diligence with Matney-Frantz

Engineering as presented on page 23 of the packet.

 

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.

 

ADOPT RESOLUTION OF INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF CLEAN RENEWABLE ENERGY BONDS

 

The Chair reported the item would be deferred until the meeting to be held on March 31st. Trustee Guthals reported that under the renewable statute, the District is allowed to recover the $15,000 expense for Matney-Frantz plus the $6,000 application fees so that the expense would not come out of the District’s funds.

 

RESOURCE CONSERVATION MANAGEMENT PROGRAM CONTRACT

 

Trustee Guthals gave a brief history of the process for a conservation management program The motion passed unanimously. A team consisting of Jeff Weldon, Jack Copps and Joel Guthals have worked on the contract. A specialist will be employed by the firm being recommended, Energy Education, Inc. (EEI) but could later become an employee of the District. It is preferred that the specialist be a current employee of the District. That person will work with the District and a Program Management Team consisting of the Business Manager, Facilities Manager, Technology Manager, Superintendent , Program Liaison, and a District Trustee. EEI has agreed to defer the first payment for six months. EEI will continue to work with the District after the five-year period at no charge. The last payment, however, will be made after the five-year contract is completed to allow for the full five years of payments. Trustee Guthals reported the Governor has given school districts a challenge to help balance their budgets by achieving energy savings of 20%. EEI is projecting a savings of 29% after their fees are paid.

 

Trustee Mossman asked how the specialist’s salary is to be determined. Trustee Guthals reported the salary would be determined by EEI. If the specialist would later become a District employee, the salary would be determined by the Superintendent and the project team.

 

Trustee Fox made the following motion with a second by Trustee

 

Motion to approve the final 5-year contract for the Resource Conservation Management Program with Energy Education, Inc. as presented pn pages 27-38 of the Board packet

 

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.

 

 

 

BILLS PAID -- FEBRUARY 2008

 

Trustee Kelker reported the bills paid has been reviewed by the BFR Committee. Trustee Kelker made the following motion with a second by Trustee Gesuale:

 

Motion to approve the bills paid for February 2008.

 

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 list of bills paid for the month of February 2008 is as follows:

 

Claims $3,550,160.45

ACH Tax Deposits $1,700,276.77

Payroll Warrants & Direct Deposits $5,722,322.55

Procurement Card $ 331,531.99

INTERCAP Loan $ 41,243.01 Network Infrastructure

Elem. Bond Payment

TOTAL $11,345,534.77

 

FINANCIAL REPORTS -- FEBRUARY 2008 (UNAUDITED)

 

Trustee Kelker reported the BFR Committee reviewed the financial reports and they are being presented for information only. The following financial reports were received:

 

CS101 Account Expenditure by Fund

CS102 Account Receipts by Fund

CS105 Statement of Estimated and Actual Revenue

CS108 Object Cost Analysis

 

Mr. Harper gave a brief report on tax increment districts. Tax Incremental Finance (TIF) was enacted in 1974 with the first Billings district formed in Billings in the late 1970’s. That district included the remodel of the Lincoln Center. Property that needs attention is taken into a tax increment district (TID) and taxes are frozen at that level and are continued to be paid. As property owners make improvements and values rise, the TID receives revenue. The difference between the tax that is collected on the higher value after improvements and the tax from the frozen value is the tax increment. Every TIF has a sunset law, which can be as much as twenty years. When a TIF district ends, all of the taxes go to the various taxing entities which can help to reduce the tax burden on District residents. Mr. Harper reported that the District cannot ‘go after those tax increment districts’ as stated by Mr. Nelson at a previous meeting.

 

MONTHLY LEGAL REPORT

 

The Chair announced reported there were no cases pending except the previously reported on MQEC case.

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

 

Motion to accept the long-term suspensions.

 

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.

 

PERSONNEL REPORT

 

Trustee Gesuale reported that there were over twenty veteran teachers’ retirements included in the Personnel Report. He commended those teachers for their dedication to the District. Trustee Gesuale made the following motion with a second by Trustee Fox:

 

Motion to accept the Superintendent’s employment recommendations as presented in the Personnel Report.

 

Trustee Guthals asked if there was anything unusual or extraordinary in the report. Mr. Copps reported there was not. He further reported that special events are being planned for those teachers retiring. 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 Achten:

 

Motion to approve the Consent Agenda.

 

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 items contained within the Consent Agenda are as follows:

 

Regular Board Meeting Minutes, February 18, 2008

Special Board Meeting/Work Session Minutes, February 25, 2008

Acceptance of Budgeting for Results Minutes, February 11, 2008

Procedure 3250-P7 Infractions and Disciplinary Actions

Approve Additions/Changes to Bus Routes

 

Trustee Guthals reported the Montana School Board Association is planning a statewide Webinar on April 12th and urged the Board members to participate.

 

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 7:05 p.m.

 

 

 

 

Malcolm Goodrich, Chair

 

 

 

Diane Blevins, Recorder

 

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