Thursday, September 6, 2007

12:00 p.m. Special Meeting

Boundary County School District #101 District Office

The Regular Meeting/Workshop of the Board of Trustees of Boundary County School District No. 101 was convened at the above stated time and date, pursuant to authority provided by Section 33-510 and 67-2345, Idaho Code, and pursuant to affirmation by the clerk that written notice was conspicuously posted at the District Administration Office, Valley View, Naples, Evergreen, and Mt. Hall Elementary Schools, Bonners Ferry High School, Boundary County Middle School, Riverside High School, Bonners Ferry Herald Office, Boundary County Courthouse, and the KBFI/KPND Radio Station (PSA) on Thursday,  August 30, 2007.  Trustees had actual notice of the time and date of meeting via verbal and written communication.

Board Members Present:  Chairman Melanie Staples, Vice-Chairman Tim Bertling and Trustees Maria LaBarbera, Gil Hagen and Sulét Hiatt.

Superintendent Don Bartling, Clerk Diane M. Cartwright and Assistant Clerk Laurie Smith-Tremble were also in attendance.

Others Present:   None signed in but those known to the Clerk:  Tina Wilson, Janis Spangard, Chuck Quillin, Jay Cohn, Gwen Albers, Jackie Tanner, Denna Riffel, and Tina Jantz.  Exhibit 1

I.  Opening by Chairman at 12:10 p.m.

Melanie Staples reminded the Board that these proceedings are a meeting in public and not a public meeting.  Ms. Staples also wanted to readdress several objectives that were brought to the Board’s attention during the Idaho School Board Association Workshop (ISBA):  To provide leadership on educational issues, act as an advocate for all current and future students, follow rules set forth by Idaho Code and standards created by ISBA, but first and foremost to represent all students and not one particular special interest group. 

II. Decision on Emergency Levy

Melanie Staples read Idaho Statute 33-805 - School Emergency Fund Levy:

                                                                    TITLE  33

                                  EDUCATION

                                  CHAPTER 8

                             BUDGET AND TAX LEVY

    33-805.  SCHOOL EMERGENCY FUND LEVY. Before the second Monday of September

in each year, the board of trustees of any school district which qualifies

under the provisions of this section may certify its need hereunder to the

board of county commissioners in each county in which the district may lie,

and request a school emergency fund levy upon all taxable property in the

district.

    The board of trustees shall compute the number of pupils in average daily

attendance in the schools of the district as of such date, and if there be

pupils in average daily attendance above the number in average daily

attendance for the same period of the school year immediately preceding the

board shall:

    1.  Divide the total of the foundation program allowance based on said

last annual report by the total number of pupils in average daily attendance

shown thereon;

    2.  Multiply the quotient so derived by the number of additional pupils in

average daily attendance.

    The number of pupils in average daily attendance for each period and the

amount so computed shall be certified to the board of county commissioners of

the county in which the district lies.

    In the case of a joint district, the board of trustees shall certify to

the board of county commissioners of each county in which the district lies,

to each, that proportion of the amount computed, as hereinabove, as the

assessed value of taxable property within the district situate in each such

county bears to the total assessed value of all taxable property in the

district.

    After receiving the amounts certified, as hereinabove provided, the board,

or boards, of county commissioners shall determine the levy according to

section 63-805(3), Idaho Code, as amended; and the proceeds of any such levy

shall be credited to the general fund of the district.

    The school district shall advertise its intent to seek an emergency levy

pursuant to this section by publishing in at least the newspaper of largest

paid circulation published in the county of the district, or if there is no

such newspaper, then in a newspaper published nearest to the district where

the advertisement is required to be published. For purposes of this section,

the definition of "newspaper" shall be as established in sections 60-106 and

60-107, Idaho Code; provided further that the newspaper of largest circulation

shall be established by the statement of average annual paid weekday

circulation listed on the newspaper's sworn statement of ownership that was

filed with the United States post office on a date most recently preceding the

date on which the advertisement required in this section is to be published.

The advertisement shall be run when the school district ascertains that it

will request an emergency school fund levy as provided in this section and

shall be published once a week for two (2) weeks following action by the board

of trustees.

    The form and content of the notice shall be substantially as follows:

               NOTICE OF PROPERTY TAX INCREASE BY SCHOOL BOARD

    The (name of the school district) has proposed to increase the amount of

ad valorem tax dollars it collects by certifying a school emergency fund levy

pursuant to section 33-805, Idaho Code, for the period ........  to .........

.  The total amount of dollars to be collected pursuant to this levy is

estimated to be .......... .  The amount of dollars to be collected pursuant

to this levy on a typical home of $50,000 taxable value of last year is

estimated to be ........ .  The amount of dollars to be collected pursuant to

this levy on a typical farm of $100,000 taxable last year is estimated to be

....... . The amount of dollars to be collected pursuant to this levy on a

typical business of $200,000 taxable value of last year is estimated to be

....... .

    CAUTION TO TAXPAYER: The amounts shown in this schedule do NOT reflect tax

    charges that are made because of voter approved bond levies, override

    levies, supplemental levies, or levies applicable to newly annexed

    property. Also the amounts shown in this schedule are an estimate only and

    can vary with the amount of dollars and the levy amount certified and the

    taxable value of individual property.

Ms. Staples opened discussion on the Emergency Levy.  Dr. Bartling stated he was asked by JoJo Baker at KBFI Radio to speak on the matter yesterday, Wednesday, September 5, 2007 at 12:20 p.m at which time he presented the attendance figures for Tuesday, September 5, 2007 with 58 new students and Wednesday, September 5, 2007 with an increase of 71 new students.  Dr. Bartling stated as of today, Thursday, September 6, 2007 that figure is now at 78 new students.  Dr. Bartling noted the State Department of Education requires comparisons be made using like items, as in apples to apples, therefore, using September 6^th’s figure of 1577 new students compares to 1499 in attendance on the third day of school last year.  Using these figures the total amount that can be levied is $441, 012.

The amount in funding received from the State will be $5,654 per student.  Dr. Bartling stated this is a good problem to have as the district only saw about a 1% increase in attendance over the past few years.  Dr. Bartling expressed his appreciation to the School Board and community that the District has the facilities to handle the increase, but the District is lacking in textbooks, desks, computers, and other instructional items as well as over crowding in certain classrooms.  Riverside High School had 13 more students, an increase of about 50%.  Dr. Bartling stated these figures are all attendance figures only and not enrollment figures: 

Gil Hagen asked what the Emergency Levy would be spent on.  Dr. Bartling stated the district would go line item by line item to address the needs.  Dr. Bartling said that as far as he knows there has never been an increase like the current one, just the small steady one over the last three years.  The Emergency Levy being discussed and voted on is for this year, 2007-2008, only.  Tim Bertling asked what these funds are going to be put into.  Dr. Bartling recommended the Administration Team meet next week and come up with a proposal.  Dr. Bartling stated the money should follow the student increases, but with equity as well.  Dr. Bartling reminded the Board that the first portion of these funds won’t be received until January 2008 and the second portion in July 2008.  Clerk Diane Cartwright handed out a revised Computation of Emergency Levy using the Average Daily Attendance (ADA) of the first three days of the 2007-2008 school year, which revises the possible levy amount to $390,126. 

Tim Bertling asked if we do not approve the Emergency Levy what are the down sides and the ripple affect.  Dr. Bartling stated the district will lose any cash reserve we currently have and fall back into a deficit that the district and board worked so hard to overcome and Leonard Schulte, the district’s auditor, would have no disagreement with this assessment as it would be a detriment to our school district.  Tim Bertling noted the district does not have any more land to sell.  Maria LaBarbera stated we have the Contingency Fund.  Tim Bertling stated that is the Contingency Fund.  Ms. LaBarbera stated the State will increase the ADA funding for the additional students.  Ms. Staples asked Clerk Diane Cartwright to address the ADA funding guidelines.  Ms. Cartwright stated the first ten weeks of ADA funding is salary and benefits only and the Best 28 Weeks ADA funding is discretionary monies and is what drives our other funds and we don’t know how much that is actually going to pay out until the end of the year due to how we are required to make the calculations.   Ms. Cartwright stated one of the benefits of having a reserve fund is to cover the district for cash flow purposes until the monies are actually received.  Ms. LaBarbera asked about the interest earned on our front loading accounts.  Ms. Cartwright said that does not provide a lot of money for additional necessities.  Ms. LaBarbera asked how much money is there in front loading.  Ms. Cartwright stated that the anticipated interest revenue is already budgeted and in the budget process you don’t want to anticipate more funds than you actually might receive.  Ms. LaBarbera asked if the growth was not anticipated.  Ms. Cartwright stated the budget was based on last year’s ADA because if you over budget and if the population should drop, state funding would drop.   Ms. Staples asked how much the State pays the district for each student.  Dr. Bartling said $5,654 was received for each student based on the Average Daily Attendance, ADA.  Ms. LaBarbera referenced Mr. Sloan’s report regarding growth in the county and said that Dr. Bartling said the student population varies about 50 students.  Dr. Bartling clarified that on a typical day last year, 50 students that were enrolled were not in attendance.  Dr. Bartling stated if this Emergency Levy was based on student enrollment the figure would be greater, but is based on ADA.  Ms. Staples stated she visited with the Curriculum Director Brenda Walter today to see how this increase in students is affecting her department and Ms. Walter said the high school has the most growth and are in much need of desks and textbooks, especially in Biology and Vocational Agriculture.  Ms. Hiatt said the high school is short on math textbooks as well.  Ms. Staples said Ms. Walter said there is also a need for additional science materials and to remember the average cost of a textbook is $75.  Ms. Staples stated the board is bound by Idaho Code and state law to provide for the students.   Ms. Staples asked what is the least amount the district could levy to cover the needed items.  Dr. Bartling stated the figures based on the first day attendance could be used to lessen the levy amount.  Ms. Staples stated yes we could, but the reality is the figure is more accurately 69 to 70 students.  Ms. Staples stated her concern is the teachers who are teaching two grades at a time at Evergreen Elementary and asked about the need for instructional materials at Riverside High School.  Dr. Bartling said RHS has requests and he will speak with them more over the next week.  Also, RHS does have additional students who have applied for enrollment.  Dr. Barlting said another issue is the security of our schools.  The elementary schools do not have any security and the middle school system is outdated as it was donated in 2002.  Dr. Bartling said the district needs to consider upgrading and adding security to all the schools.  Dr. Barlting said Ken Olson would take the old middle school system and install it at RHS and one is especially needed to watch the black bear on the playground at Mt. Hall Elementary.  The game warden has been called in to address the bear issue and the students have been pulled off the grass to play on the pavement instead.  Ms. Staples asked what it would cost our taxpayers and to keep in mind, it is not justification, but everyone’s taxes went down with the removal of the Local Basic Maintenance Levy by the State.   Ms Cartwright presented a breakdown of estimated costs to the taxpayers:

Ms. Staples said if we don’t do what we can, where does that leave us and how little can we levy and not jeopardize ourselves.  Dr. Bartling said we would lose our contingency fund and we gained that by selling property and we have no more property to sell to regain in that manner.  Ms. LaBarbera stated she is mainly concerned with the public relations aspect if we choose to approve the Emergency Levy.  Ms. LaBarbera said yes, we do need the money and we are legally able to obtain it, but it is not politically correct because the Board worked very hard to gain some credibility with the community.  Ms. LaBarbera continued by saying she is pro-education but this would be damaging.  Ms. Staples said her only response is this was not anticipated and that she is glad to see more families moving and we need to take care of them.  Dr. Bartling said he researched the top 15 taxpayers in the county which include Elk Mountain Farms and Boundary Trading Company and watched to see if they would comment on the possible Emergency Levy and not one of the 15 made any contact.  Tim Bertling stated we cut out the Social Studies teacher at the high school among other teachers and now we need them.  Ms. Hiatt said we are short on teachers already before the increase in students and the levy was cut so far back there was no room to cut anymore.  Ms. Staples said the district does not have enough textbooks or desks and the combined classroom teachers are stressed.  Ms. LaBarbera asked how the classroom figures at Valley View Elementary broke down.    Dr. Bartling said he would need to check, but the largest was 31 students in the 4^th grade at Mt. Hall.  Ms. LaBarbera asked what it would take to present this to the public and get their response and to inform the public better.  Dr. Bartling said that is why we have the school board to represent the public.  Ms. Hiatt stated this has to be completed by the 2^nd Monday of the school year.  Ms. LaBarbera said the public needs to know.  Gil Hagen stated he sees the need for the teachers, but the confidence we gained from the community will be hurt.  Ms. LaBarbera inquired as to how many students leave in October.  Dr. Bartling said typically the migrant students leave in October and return in March and is usually around 40 students.  Mr. Hagen said Mr. Hays and Ms. Dillin at Mt. Hall only lose about five students but they return in March.  Patron Tina Wilson said she understands the current dilemma the board is facing and that it is definitely not an easy one.  Ms. Wilson inquired how the December Market Value is used in budget calculations.  Ms. Cartwright replied prior to HB 1 which removed the Basic M&O from the local taxpayer’s levy, December values were used to calculate what the school district could levy.  December values are no longer used in calculating budget amounts, levy rates are calculated based on September values.  Ms. Wilson said if you are choosing to go forward with the Emergency Levy that the board has concrete dollars for books, technology and instruction, but I wouldn’t include security items because anytime there is a new tax and you don’t have a firm justification of where the monies are going there are concerns.  Ms. Wilson added it is necessary the board provides accountability to their constituents and provide details to the community.  Ms. Staples said if we need to buy books and additional instruction materials that would put us in the red and that is what the Board is looking at and the security items were thrown out there for future consideration I believe.   Ms. Staples continued to state that the district’s budget is so tight and if you work in the schools you know exactly where the deficits are, but I agree the community needs to know where the funds are going.  Mr. Bertling asked if the Board has to set the amount today.  Ms. Cartwright stated she has to turn in the request to the County Commissioners tomorrow and the district has to publish the Emergency Levy two weeks in a row.   Patron Jackie Tanner asked if the district receives $5,600 per student and you multiply that by the number of new students, which adds up to about $400,000, so that money is extra money on top of the Emergency Levy money.  Ms. Tanner asked if the district can use the contingency fund until funding is received from the State.  Ms. Staples said the contingency fund needs to be in place for varying instances and we all agreed as a Board that we need to keep the reserve in place.  Patron Denna Riffel stated the District provided a figure for the additional children, but asked what percentage the district has for dropouts.  Dr. Bartling stated that attendance is pretty stable for a rural population, but in the 9^th grade about nine students, 10^th grade about nine students, 11^th grade about five to six students and 12^th grade about five students.   Ms. Riffel said if you subtract the dropout students from the new students, the district will only have a slight increase.  Gil Hagen stated that is the purpose of Riverside High School to take those dropouts and get those students graduated.  Ms. Riffel questioned Dr. Bartling’s statement regarding the top taxpayers not complaining, but what about those taxpayers who are retired and have no fluctuation in their income; this is going to hurt them.  Patron Tina Jantz stated she is a large property owner in Boundary County with five rental homes for which they do not receive the Homeowner’s Exemption, therefore the increase in taxes will be passed on to the renters which will have a huge impact on their lives and how do you explain it to the low income families who will be taxed out of their homes. 

Melanie Staples called a recess at 1:14 p.m. 

Melaine Staples called the meeting back to order at 1:19 p.m.

Ms. Staples stated the reality is we need desks, computers, ink cartridges, which was cut from the M&O and

to            provide for the possible need of additional teachers.  Ms. LaBarbera wanted Tina Wilson to clarify what she      meant by using December or September market value.  Patron Tina Wilson stated that prior to the M&O Levy           being repealed by the State December values were used to calculate what the school district could levy; now   they are based on September values.  The State requires school districts to set a budget prior to knowing the        amount of funds they will receive, and that is a legislative problem, not a school board problem.  The District       never really receives the amount asked for in a levy due to market values.   Ms. Staples agreed, stating it puts   the district in a bad spot and the Board is the one making the decisions.  Dr. Bartling stated the last time Boundary County School District #101 had to have the Emergency Levy was about 15 years ago.  Ms. Staples            said if we use the first day’s attendance we could lower the levy amount.  Dr. Bartling recommended using the average of the three days attendance.  Tim Bertling said he would be more comfortable using the first day’s        attendance to establish the levy amount.  Dr. Bartling said he believes that is an honest compromise for the         Board to consider.  Patron Janis said no facts or details have been discussed; all that has been presented is codes          and that the Board only represents the students and I am very angered by that.  Ms. Hiatt stated the Board       previously discussed the need to keep our kids competitive and in order to achieve that we have to be able to         prepare them for college entrance exams and to go out and be productive adults.  Ms. Hiatt also stated that she             is for progress and we need to think about what it costs and what we are willing to pay for success.  Ms. Staples        stated the Board does care about the communities concerns and that the State should have to support these kids       and the Board has to follow the laws and in a short time frame.  Maria LaBarbera moved that the Board not            approve the Emergency Levy and to make do with what we have.  Gil Hagen seconded for discussion.              Ms. LaBarbera stated in reviewing the M&O Levy results, the yes votes and the no votes were really close and          we will lose any confidence we have gained in the community.  Ms. LaBarbera continued by stating as a Board we should re-work things out.  Ms. Staples stated it is already budgeted.  Ms. LaBarbera stated she is talking       about re-working it.  Mr. Bertling stated that is why the State has this code in place, just for this purpose.  Ms.   LaBarbera stated she agrees we need this, but she doesn’t think it is right.  Ms. Staples asked for a vote on Ms.            LaBarbera’s motion on the table.  Gil Hagen & Maria LaBarbera voting yay and Melanie Staples, Tim    Bertling and Sulét Hiatt voting nay.  Motion failed.  Tim Bertling moved to run the Emergency Levy for       the First Day’s Attendance figure of $327, 932.  Sulét Hiatt seconded for discussion.  Mr. Bertling stated he             can not live with the $390,000.  Mr. Hagen said he can not live with the $327,000 with the input from the          community.   Dr. Bartling stated the last day, third day of school, numbers would be most accurate.  Ms. Hiatt           stated if we went with these numbers we would still be short and I don’t have a problem with the full amount.  Ms. Staples stated she does not want to go with the maximum, but the district needs some money and she is       trying to come to terms with what is needed and she thinks the $300,000 roughly provided by Diane Cartwright would help cover us.  Ms. Staples called for a vote on the motion made by Tim Bertling.  Melanie Staples, Tim       Bertling, Sulét Hiatt voting yay and Gil Hagen and Maria LaBarbera voting nay.  Motion carried.   

        III.     Executive Session: Idaho Code 67-2345(b) Personnel

Chairman Staples announced the next order of business would be discussion of personnel, negotiations and legal matters.  After a full and complete discussion upon a motion duly made by Tim Bertling and seconded by Sulét Hiatt, the following resolution be adopted:

BE IT RESOLVED, that the Board of Trustees of Boundary County School District No. 101 recess from a public meeting into an executive session pursuant to Section 67-2345, Idaho Code, for discussion of personnel.

BE IT FURTHER RESOLVED that following the executive session the board will reconvene in regular session for the purpose of conducting further business or for adjournment of the meeting.  Vote being had on the above and foregoing resolution and the same having been counted and found to be no less than two-thirds (2/3) of the membership in favor thereof, the chairman declared said resolution adopted.

The trustees entered an executive session at 1:43 p.m. Thursday September 6, 2007 and returned at 2:01 p.m. Thursday, September 6, 2007.

IV.  Personnel

Tim Bertling moved the Boundary County School District #101 made a good faith effort in an attempt to hire teachers with appropriate certification. Both Aarow Ellis and David Carpenter have degrees in the areas they will teach, but are not certified, therefore, I move to approve the application for provisional certificates for both Aarow Ellis and David Carpenter for the 2007-08 school year. Gil Hagen seconded.  Motion carried. 

Tim Bertling moved to deny the Provisional Authorization Application request made by Trish Johnson.  Gil Hagen seconded.  Maria LaBarbera voting nay, motion carried.

BFHS Football Schedule  

Gil Hagen wanted to revisit and discuss the upcoming BFHS Football game with Sandpoint High School. Ms. Hiatt stated it should it should be a coach/administration decision.  Gil Hagen moved to direct Dr. Bartling to contact the necessary parties and let them know the decision to play or not to play should be made by the coach and administration.  Tim Bertling seconded.  Maria LaBarbera voting nay, motion carried. 

X.  Adjournment

Maria LaBarbera moved to adjourn at 2:24 p.m.  Sulét Hiatt seconded.  Motion carried. 

_______________________________                      ____________________________

Chairman Melanie M. Staples                            Assistant Clerk Laurie Tremble

_______________________________

Clerk Diane M. Cartwright