AMPHITHEATER
PUBLIC SCHOOLS
Tucson, Arizona
MINUTES OF REGULAR
PUBLIC MEETING OF THE GOVERNING BOARD
Place, Date and Time of Meeting
Wetmore Center, 701 West Wetmore Road, January 13, 2004, 6:00
Board Members Present
Nancy Young Wright, President
Dr. Kent Barrabee, Vice President/Clerk
Patty Clymer, Member
Jeff Grant, Member
Mike Prout, Member
Central Administrators Present
Dr. Vicki McLeod Balentine, Superintendent
Todd A. Jaeger, J.D., Associate to Superintendent and General Counsel
Patrick Nelson, Associate Superintendent
Constance Cigliana, Chief Financial Officer
Ms. Young Wright called the meeting to order AT 6:06 p.m.
1. Motion to
Recess Open Meeting and Hold an Executive Session
Ms. Young Wright announced that the Board would recess open meeting and hold an executive session for:
A. Discussion or Consultation, pursuant to A.R.S. § 38-431.03(A)(3), with Legal Counsel for the Purpose of Obtaining Legal Advice Regarding:
1. School Attendance Boundary Determinations; and
2. Rezoning Condition Relating to Dedication of School Site to Amphitheater Public Schools by Developer/Owner Under Pima County Rezoning Matter Co9-01-42 (March 12, 2002; Stone Canyon, L.L.C.).
B. Discussion or Consultation with Legal Counsel, Pursuant to A.R.S. § 38-431.03(A)(4) and A.R.S. 38-431.03(A)(3), in Order to Consider the Governing Board’s Position and Instruct Legal Counsel Regarding the Rezoning Condition Relating to Dedication of School Site to Amphitheater Public Schools by Developer/Owner Under Pima County Rezoning Matter Co9-01-42 (March 12, 2002; Stone Canyon, L.L.C.), Which is the Subject of Negotiations and Regarding Which Settlement Discussions Are Being Conducted in Order to Avoid Litigation.
A motion was made by Mrs. Clymer, seconded by Dr. Barrabee and passed unanimously, that the Board recess into executive session. The time was 6:09p.m.
CONTINUATION OF OPEN MEETING
Reconvening
of Open Meeting and Signing of Visitors’ Register
Following executive session, Ms. Young Wright reconvened the meeting at 7:18 p.m., and asked members of the audience to sign the visitors’ register.
Pledge of Allegiance
PUBLIC COMMENT
No audience
members addressed the Board.
2.
Nomination and Election of Governing Board President
and Vice-President/Clerk
Board Book Information:
Arizona law, A.R.S. § 15-521,
requires that the Governing Board hold an organizational meeting between
January 1 and January 15. The Board’s
meeting of this evening obviously meets this requirement. In addition, the same section of Title 15
requires that the Board elect a president from among its members. The president of the Board presides over all
meetings of the Board, in accordance with Arizona law and District policies.
Notably, Title 15 previously required the election of a clerk, but this
requirement no longer exists under statute.
A.R.S. § 15-521(D), however, provides that the Board must prescribe
rules for its own governance. Governing
Board Policy BDA, one of the Governing Board rules of governance, does require
the election of a clerk, which the Board has traditionally designated as
“Vice-President/Clerk”. The
Vice-President/Clerk presides over all meetings of the Board at which the
President is not present.
The nomination of officers, under
Roberts Rules of Order, may be done by open nomination. The President initiates
this method by simply calling for nominations from the floor. Alternatively, any member could offer a motion
that nominations be made from the floor.
After passage of such a motion, or upon initiation by the President, the
current President takes all nominations for the office of president first. Board members may, alternatively, move the
nomination of a candidate, requiring a second and a passing vote for the
nominee to be placed on the slate of candidates. This, of course, adds an additional step to the election process
and is not recommended for small bodies like the Board.
Nominees may decline their nomination prior to any vote. When it appears no further nominations are
forthcoming, the President may close the floor to further nominations, or it
may be closed upon a passing motion to do the same.
Under Roberts Rules, there are
technically several ways of conducting the election of officers following the
nomination process; those that are practicable and applicable to the election
of Governing Board officers are described below. Secret balloting, for example, is permitted by Roberts Rule, but
not by the Arizona Open Meeting Law.
Once again, any one of the alternative methods below may be used –
either upon selection of method by the current President or by motion (the
latter of which controls in the event of conflict). If a voting method is selected, the chair should explain how the matter
will proceed prior to the vote being taken.
Acclamation. If there is only one nominee for an office,
the chair of the meeting can simply declare the individual is elected, rather
than taking a vote.
Voice or Other Voting. Absent election by acclamation, a vote of
the Board on nominees is required by voice, roll call, show of hands or rising
(where Board members stand). Roberts
provides that, unless a method of voting is selected upon motion, the chair will
decide the method based upon the nature of the election, closeness of the
expected vote, and the size of the group.
The current President announces the result of a vote formally, for the
record. Until that announcement,
Roberts permits any Board member to change their vote.
In the event of a tie between nominees, the chair may call for a new
vote to determine the tie.
Ms. Young
Wright explained that she would open the organizational aspect of the meeting
with nominations and elections for Governing Board president and vice
president/clerk. She stated that all
nominations from the floor would be accepted for the office of president
first. Following the vote for this office, the process would be repeated
for the office of vice president/clerk.
Ms. Young
Wright opened nominations for the office of president. Dr. Barrabee nominated Ms. Nancy Young
Wright for president. Mr. Prout
nominated Dr. Barrabee for president. Dr.
Barrabee respectfully declined
the nomination. No further nominations were offered. Members agreed to acclaim Ms. Young Wright as president. She
stated that it had been her privilege serving the District in the past year and
looks forward to serving another term.
She thanked Dr. Barrabee for his assistance and support as vice president
this past year.
Ms. Young Wright
opened nominations for vice president/clerk.
Mrs. Clymer nominated Dr. Kent Barrabee for the office of vice
president/clerk. No further nominations were offered. Ms. Young Wright
confirmed agreement among board members to acclaim Dr. Barrabee as vice president/clerk.
3. Announcement of Date and Place of Next Regular Governing Board Meeting
Ms. Young Wright announced the next regular meeting of the Governing Board: January 27, 2004, 7:00 p.m., at Wetmore Center (701 West Wetmore).
Initially, a motion was made, and seconded, to approve consent agenda items A – L. This was followed by a corrected motion made by Mr. Grant to approve consent agenda items A - M. The motion was seconded by Mr. Prout and passed unanimously, 5-0. Appointment of personnel is effective, provided all district, state and federal requirements are met.
A. Approval of Minutes of Previous Meeting
Minutes of t he December 2, 2003 Special Governing Board Meeting and December 9, 2003 Regular Governing Board Meeting were approved.
B. Appointment of Personnel
Certified and classified personnel were appointed, as listed in Exhibit 1.
C. Personnel Changes
Certified and classified personnel changes were approved, as listed in Exhibit 2.
D. Leave(s) of Absence
Leave of absence requests were approved for certified and classified personnel, as listed in Exhibit 3.
E. Separation(s) and Termination(s)
Certified and classified personnel separations were approved, as listed in Exhibit 4.
F. Approval of Vouchers Totaling and Not Exceeding Approximately $1,650,000.00.
The following vouchers were approved as presented and payment authorized:
Vo. 557 $ $193,876.39
Vo. 558 244,790.47
Vo. 559 133,983.23
Vo. 560 24,386.55
Vo. 561 139,697.84
Vo. 562 361,380.18
Vo. 563 146,295.97
Vo. 564 391,861.71
G. Acceptance of Gifts
Donations were accepted by the Governing Board, as listed in Exhibit 5.
Board Book Information: Arizona
Revised Statutes §15-1121 and 15-1125 provide for the operation of Student
Activity and Auxiliary Operations funds, respectively. The uniform System of Financial Records for
Arizona School Districts (USFR) outlines procedures to be followed by school
districts in the disbursements of monies from either of these funds. One requirement for the operational
compliance is to provide a report to the Governing Board summarizing the
transactions for the month.
The Board received the report of
the School Auxiliary and Club balances
for month-end October 31, 2003, as presented.
I.
Approval to Outsource Purchase and Delivery of Office
& Classroom Supplies to Office Deport Business Services Division
Board Book Information: In the
past ten years a number of companies, (Boise Cascade, Corporate Express, Office
Max, and Office Depot) have developed very efficient warehouse distribution
centers nationwide bringing low cost office supplies and related materials to education,
business, and industry. The key selling point which has allowed these firms to
grow and prosper is their ability to offer and deliver office supplies at a
cheaper rate than their customers can deliver same, through their internal
distribution systems.
Three years ago, the District awarded a bid to Office Depot for direct
delivery of office supplies to schools and administrative sites. Individual
users now could choose either ordering from Office Depot direct or from the
District warehouse. By running two systems District Administrators could
monitor each to determine which delivery mode would best serve our end-users.
Recent meetings with school administrative secretaries and a sampling
of school principals provided the following information. Office Depot provides
electronic ordering with a 98.5% fill rate for the first delivery. Deliveries
are next day. The stock is of good quality and the choice is extensive. A state
of the art electronic warehouse and inventory management system allows their inventory
to turn quickly. The Office Depot ink cartridges, glue sticks, etc. are fresh,
not dated or dried out. The consensus is Office Depot has done an excellent
job.
When the original Amphitheater bid award expired, the District entered
into an intergovernmental agreement (IGA) with the University of Arizona. This
IGA provided access to University Bid Award L400767 with Office Depot, (a
five-year award).
Pima College also purchases their office supplies through this bid.
Both the University and Pima College have discontinued their warehouse
inventories of office supplies. The District warehouse currently orders
inventory from Office Depot through competitive quotes. For the Amphitheater warehouse to continue
to receive, inventory, fill and pack orders, and then deliver is a redundant
activity. The District can be better
serviced by direct-ordering using Office Depot’s next day delivery, thus
freeing warehouse staff to address other duties more effectively.
The Board
approved to expand the existing Intergovernmental Agreement with
Office Depot Business Services Division for Office Supplies and cover 100% of
the District’s requirements.
J.
Award of
Contract for Cummins Automotive Parts for Amphitheater Transportation Based
Upon Responses to Request for Bid 03-0014
Board Book Information: A
Notice of Request for Bid (RFB) for Cummins Automotive Parts was issued on
November 26, 2003 with a due date of December 15, 2003. The RFB was mailed to
five vendors who provide Cummins Automotive Parts to the Tucson metropolitan
area.
Three vendors responded, Rush Truck Center, Inland Kenworth, and I-10
International. Each vendor completed a sample parts price list. Vendors were
also asked to provide the price sheet used and the discount offered. Please see
the attached spreadsheet. I-10 International offered the lowest price as per
the sample parts price list but failed to provide the discount offered. Their
bid response was rejected as incomplete. The price sheet used and discount
percentage offered is required to allow the District to purchase parts other
than those on the sample parts list and to know how they will be priced. The
low responding vendor was Inland Kenworth.
The award is for the balance of fiscal year 2003/2004 ending June 30,
2004. The contract may be renewed for one additional one-year period on mutual
agreement of both parties.
The Board
approved the award of contract to Inland Kenworth for the purchase of Cummins
Automotive Parts, as presented.
K.
Approval of Sole Source for Staff Development and
Training for District Teachers as Provided by Staff Development for Educators
(SDE) and Staff Development Resources (SDR)
Board Book Information: Staff
Development for Educators (SDE) is one of America's leading providers of
professional development resources for Pre-K through Grade 12 educators. SDE
provides for staff
development needs, through the combined resources of its four
specialized divisions covering: primary grades, middle grades, customized
training, and Crystal Springs Books. Spending to date (fiscal year) for SDE
training is $4,375.00.
The District has funded training for 19 teachers to attend the SDE Six
Traits of Writing Workshop. The workshop provides an Assessment-Driven
Framework for Writing for Success. Teachers are taught to pinpoint writing
strengths and weaknesses and to empower students to assess, evaluate, and
revise their own writing. By strengthening students writing, revision, and
editing skills students are prepared to meet the requirements of state writing
assessments.
Five District teachers have attended the SDE Four Blocks Workshop. The
Four Blocks™ model is a unique framework for balanced literacy instruction to
teach all the components of literacy on a daily basis while addressing the
multi-level needs of our students.
Staff Development Resources (SDR) provides professional staff
development for elementary, middle, and secondary educators. They are a leading
provider of high quality staff development seminars to accommodate the changing
needs of educators. The District has funded training for 30 teachers to attend
SDR programs since the beginning of the fiscal year at a cost of $4,852.00.
Training programs include the Six Traits of Writing, Modifying the Four Blocks,
(Teaching Reading & Writing Grades 4-8), Great Start with the Six Traits,
Practical Strategies for Your Diverse Classroom Grades 1-6, Super Charged
Reading, and Super Strategies for Beginning Reading. The primary (level)
training is on the Building Blocks™ Model, a developmentally appropriate
program for teaching reading, writing and phonics in kindergarten designed to
help kindergartners develop the six critical understandings that are the
"building blocks" for reading success
Training is required for District staff that have not had the
opportunity to attend one of these programs.
The Board
approved Staff Development for Educators (SDE) and Staff Development Resources
(SDR) as sole source companies for teacher training, not to exceed $8,000.00
per company, as presented.
L.
Approval of Out-of- State Travel
Out-of-state travel was approved for students (source of funding indicated): Julie Cota from La Cima Middle School and five parent chaperones to take approximately 33 seventh and eighth grade students to Project Exploration Oceans II in San Diego, California, April 2-4, 2004 (tax credit donations and fund raising).
Out-of-state travel was approved for staff (source
of funding indicated): Megan Welsh from School Operations to attend the
American Educational Research Association Annual Conference in San Diego,
California, April 11-15, 2004 (grant funds); Sandi Sherman and Deb Romancho
from the REACH Department to attend the Differentiated Instruction Academy in
New York City, June 21-25, 2004 (grant funds).
M. Approval of Easement for Pima County
Wastewater Management at El Hogar Alternative School/Land Lab Facility; Authorization of Administration to
Execute Necessary Documentation Exhibit 6.
Board Book
Information: Pima County Wastewater Management (“the County”) has requested the
District grant an easement upon its property located at 450 East Wetmore Road (commonly
referred to as the “Land Lab”).
The County requests an easement to enable
the placement of a chemical feed station in conjunction with the county’s
operation of an odor mitigation facility for the public sanitary sewage system.
The attached easement (Exhibit 6) document provides for the County to indemnify and hold harmless the
District from “any and all direct consequences for any release of, or exposure
of persons or property to, any hazardous substance” which may result from the
placement or operation of the station.
The initial term of the easement is five
years and may be renewed for additional terms upon mutual agreement.
The chemical to be used in the feed station
is described in the attached material safety data sheet.
The Board approved the Easement for Pima County Wastewater Management at El Hogar Alternative School/Land Lab facility and authorized Administration to execute necessary documentation, as presented.
4.
Approval of 2004 Amphitheater Legislative Agenda
Board Book Information: During
a planning session with the Governing Board and Administration regarding their
support of the Amphitheater Mission and Beliefs, it was agreed to continue
their commitment of developing stronger relationships with local legislators
and other legislative members.
Additionally, it was decided to establish a listing of priority items of
concern and make those items the focus when communicating with legislators.
The following is a listing of priority items of concern that Amphitheater
will focus on beginning with this session:
1.
Maintain current K-12 levels of
funding
2.
Maintain Career Ladder program
3.
Maintain Desegregation funding
4.
State’s trust land reform
process (support stabilization of Prop 301 monies)
5.
Support through adequate funding
for English Language Learner (ELL)
6. School
Facilities Board (SFB) – Identify a Reliable Source of Revenue for the
Student’s First program
7. Retain
Textbook Selection Authority at the District level
Dr. Balentine
stated that at the December meeting the Board was asked to provide
Administration with direction on which legislative action to support. She reviewed the list of items developed at
that meeting (listed above). Dr. Balentine
further stated that with Board approval of this list of concerns at tonight’s
meeting, she would focus on them while working with legislators and other
groups’ leadership to advance the District’s support of these areas of concern.
Mr. Prout shared his concerns about the lack of SFB funding for new construction. He asked for clarification regarding the relevance of having the District support the concept of a reliable source of revenue since the District has repeatedly been denied this funding (new school construction).
Dr. Balentine
stated that Administration is reviewing appeal strategies to the SFB for their
reconsideration regarding existing determinations. She is hopeful that with additional monies received through the
creation of other sources of revenue funding – and under the new leadership of
Mr. Bill Bell – that there may be a potential for changes in recent funding
restrictions. This may result in Amphi being successful in their
reconsideration efforts.
Ms. Young Wright
added that Arizona is currently the only state trying to fund these types of
capital expenses on a pay as you build basis.
She also reported that the Arizona Chamber of Commerce has voted to
support a statewide property tax as a funding source. She suggested that it might be advantageous for Amphi to
investigate other potential sources of revenue, such as this one currently
being proposed.
Additionally, Dr.
Balentine explained that while Student’s First is not currently funding Amphi’s
new construction requests, one of the other Student’s First funding components
is Building Renewal. Amphi has received
Building Renewal funding in the past, however, the District has been notified
that none of this expected funding will be received this year. With the potential for a ‘reliable source of
revenue’ to fund Student’s First, the Building Renewal funding would be allowed
to flow again.
Dr. Balentine
stated that the intent for item six is not that Amphi define a “reliable source
of revenue” but just to lend support to the concept and purpose. The resolution
to the funding issue is critical for the District’s on-going maintenance
program.
During discussion,
it was suggested that Item 6 be removed and to remain with Items 1-5 (resulting
in dollars this year) and Item 7 (local control issue). Another position taken suggested that it
stay on the list to ensure that Amphi remain focused on the issue, as well as,
be at an advantage at such a time when funding resumes.
Dr. Balentine
added that a chief concern is the cost of maintenance to Amphi facilities and
how critical the affects of a lack of funding are on Amphi’s budget. In the previous two years, Amphi has
received only half of its (Building Renewal) allocation and this year’s
notification of “no funding;” the resolution to this issue is critical to maintaining
Amphi’s facilities.
Following
additional discussion, it was suggested changing the verbiage in the language
for Item one to state, “Pursue increased levels of K-12 funding” (versus Maintain current
K-12 levels of funding).
Mr. Prout moved to
remove Item 6 from the list. Mrs. Clymer
seconded the motion. Further discussion
ensued. Ms. Young Wright called the
vote. The motion to remove item 6
failed; Ms. Young Wright, Mr. Grant, and Dr. Barrabee voting, “Nay,” and Mr.
Prout and Mrs. Clymer voting, “Yes.”
Mr. Grant moved to
change the verbiage in Item 1 to: “Promote increased levels of funding for K-12
education.” Mr. Prout seconded the motion and passed unanimously, 5-0.
Mr. Prout moved to accept Items 2-5 and Item 7 as a block. Mr. Grant seconded the motion to accept
these items, as now written. Mr. Jaeger
informed the Board that an earlier motion to remove Item 6 was defeated and
therefore, Item 6 has not been advanced.
Mr. Prout amended his motion to pass Items 2 through 7, including Item
6. Mr. Grant seconded the motion and
passed unanimously, 5-0.
There were no requests for future agenda
items.
PUBLIC COMMENT
No audience members addressed the Board.
RECESS
Ms. Young Wright announced that the Board would recess open meeting and hold an executive session.
Mr. Prout moved to recess the open meeting and return to executive session for: Item A. Discussion or Consultation, pursuant to A.R.S. 38-431.03(A)(3) and A.R.S. § 38-431.03(A)(4) for further discussion. Mr. Grant seconded the motion and passed unanimously, 5-0.
ADJOURNMENT
A motion was made by Mr. Grant, seconded by Mrs. Clymer and passed unanimously, that the meeting be adjourned. The time was 9:27 p.m.
_________________________________
Respectfully submitted,
Margaret Harris
_________________________________ __________
Ms. Nancy Young Wright, President Date