PLEASE NOTE THAT THE MINUTES WILL NOT BE FINAL UNTIL

THE BOARD HAS APPROVED THEM AT ITS NEXT MEETING.

 

April 13, 2006

 

The Board of Directors of Maine School Administrative District No. 75 held a regular meeting at Mt. Ararat High School on Thursday, April 13, 2006.

 

The following Directors were present:  Joanne Rogers, Chair; Maryane Burns; Marie Dickson; Caroline Eliot; Dorothy Gardner; Robert W. Hill; David A. Johnson; Jane Meisenbach; Andrea Najarian; Jeffrey Rowe; Jeffrey Steinert; Kim Totten; and Roland Tufts.

 

Also present was Sara Todd, student representative to the Board of Directors.  Not present were Dorothy “Dee” Carrier and Tasha Cornish, student representative to the Board of Director.

 

1.         Call to order

 

            The meeting was called to order by Chairman Rogers at 6:32 p.m.

 

2.         Pledge of Allegiance to the Flag

 

            The Pledge of Allegiance to the Flag was recited by those present.

 

3.         To consider action relative to additions or adjustments to the agenda and to ask for comments from the audience

 

            Agenda adjustments were noted, as follows:

 

3.1 (add t0)           RECOGNITIONS & ACKNOWLEDGEMENTS – Several were added to the agenda and have been appropriately integrated into the minutes.

 

6.3a (add)          To accept the resignation of Andrea Smith, Mt. Ararat High School special education teacher

 

6.3b (add)          To accept the resignation of Jennifer Dowdy, Mt. Ararat High School special education teacher

 

6.4a (add)          To consider a request for a leave of absence for Barbara Greenstone for the 2006-2007 school year to serve as a Distinguished Educator

 

6.4b (add)          To acknowledge the intent of Nan Hinds, Bowdoinham Community School Literacy/Reading Recovery teacher, to retire

 

(comments)            James Trusiani, member of the Topsham Board of Selectmen, read aloud a letter from the Board of Selectmen to the M.S.A.D. No. 75 Board of Directors.

 

The letter urged the Board of Directors to conduct its discussions of the Harpswell withdrawal in open session.  The letter also suggested that the withdrawal proposal submitted by the Town of Harpswell doesn’t constitute a withdrawal proposal but rather an attempt to change the cost-sharing formula.

                       

3.1       RECOGNITIONS & ACKNOWLEDGEMENTS

 

                      High School Winter Sports Awards

 

          Moe St. Pierre, Food Service Director – recognized by the Partnership for a Healthy Maine as a Local Hero

 

          Reuben  Fischer-Baum – First for the Junior Class in the State of Maine in the State High School Math Team Competition

 

          Mt. Ararat High School Math Team – 6th place in the State of Maine in team standings

 

          Devin Boilard – Recognized by Portland Press Herald and MaineToday.com with a “20 below 20” award

 

          Destination Imagination teams placing in the State Meet held on Saturday, April 8th

 

          Woodside Elementary School “Back at You” Team – 1st place

          Woodside Elementary School “On Safari” Team – 2nd place

                      Bowdoin Central School “Back at You” Team – 5th place

          Harpswell Islands School “Inside Dimension” Team – 3rd place

          Williams-Cone School “Inside Dimension” Team – 4th place

 

          M.S.A.D. No. 75 cited by Maine Department of Education for working at an exemplary level in two Coordinated School Health Component areas, Physical Education & Physical Activity and Health Education

 

          Successful administration of the SAT to Mt. Ararat High School juniors on Saturday, April 1, 2006

 

4.         To take action relative to accepting as printed the minutes of the March 23, 2006, regular meeting of the Board of Directors

 

It was moved by Mr. Johnson, seconded by Mrs. Gardner, and VOTED (867 yeas, 0 nays, 66 abstentions, and 67 absent)to accept as printed the minutes of the March 23, 2006, regular meeting of the Board of Directors.

 

Voting yea were Ms. Burns, Mrs. Dickson, Ms. Eliot, Mrs. Gardner, Mr. Hill, Mr. Johnson, Mrs. Meisenbach, Ms. Najarian, Mrs. Rogers, Mr. Steinert, Mrs. Totten, and Mr. Tufts.

 

            There were no nay votes.

 

            Abstaining from voting was Mr. Rowe.

 

            Absent was Mrs. Carrier.

 

5.         OLD BUSINESS:

 

6.         NEW BUSINESS:

 

6.1       To accept the resignation of Holly Tupper, Middle School Spanish teacher

 

            It was moved by Mr. Steinert, seconded by Mr. Johnson, and VOTED (unanimously) to accept the resignation of Holly Tupper, Middle School Spanish teacher.

 

6.2       To accept the resignation of Richard Moore, Jr., Mt. Ararat High School special education teacher

 

            It was moved by Mr. Johnson, seconded by Mr. Hill, and VOTED (unanimously) to accept the resignation of Richard Moore, Jr., Mt. Ararat High School special education teacher.

 

6.3       To accept the resignation of Kathleen St. James, Woodside Elementary School Special Education Social Worker

 

It was moved by Ms. Eliot, seconded by Mr. Johnson, and VOTED (unanimously) to accept the resignation of Kathleen St. James, Woodside Elementary School Special Education Social Worker.

 

6.3a     To accept the resignation of Andrea Smith, Mt. Ararat High School special education teacher

 

It was moved by Ms. Eliot, seconded by Mr.  Johnson, and VOTED (unanimously) to accept the resignation of Andrea Smith, Mt. Ararat High School special education teacher

 

6.3b     To accept the resignation of Jennifer Dowdy, Mt. Ararat High School special education teacher

 

It was moved by Ms. Eliot, seconded by Mr. Steinert, and VOTED (unanimously) to accept the resignation of Jennifer Dowdy, Mt. Ararat High School special education teacher.

 

6.4       To consider a request for a leave of absence without pay for Cooper Dragonette, Mt. Ararat High School art teacher

                       

Superintendent Wilhelm recommended that the Board grant Mr. Dragonette’s request for a leave of absence.

 

It was moved by Mr. Steinert, seconded by Mr. Johnson, and VOTED (unanimously) to approve a request for a leave of absence without pay for Cooper Dragonette, Mt. Ararat High School art teacher.    {This leave of absence is for the 2006-2007 school year.}

 

6.4a     To consider a request for a leave of absence for Barbara Greenstone for the 2006-2007 school year to serve as a Distinguished Educator

 

            As a Distinguished Educator, Ms. Greenstone is hired by the State and kept under contract by M.S.A.D. No. 75, with the District paying her wages and benefits.  The State then reimburses the District.  Superintendent Wilhelm recommended that this leave be granted.

 

It was moved by Mrs. Gardner, seconded by Mr. Hill, and VOTED (unanimously) to approve a request for a leave of absence for Barbara Greenstone for the 2006-2007 school year to serve as a Distinguished Educator.

 

6.4b     To acknowledge the intent of Nan Hinds, Bowdoinham Community School Literacy/Reading Recovery teacher, to retire

 

The Board of Directors DULY ACKNOWLEDGED the intent of Nan Hinds, Bowdoinham Community School Literacy/Reading Recovery teacher, to retire.

 

6.5       To undertake a first reading of the Return to Work and Light Duty Assignment Policy GBGE and the M.S.A.D. No. 75 Wellness Policy AEA

 

The Return to Work and Light Duty Assignment Policy GBGE is a requirement of Workers’ Compensation.  This was considered the first of two required readings.

 

Ordinarily, proposed policies receive two required readings at consecutively-scheduled Board meetings, but Superintendent Wilhelm suggested delaying the second reading and adoption of the Wellness Policy until all staff has had the opportunity to view the proposed policy and the FAQ’s accompanying it.

 

School Health Coordinator Mary Booth stated that the deadline for having the policy in place is June 30th .  Sara Todd suggested sending the proposed policy to Devin Boilard and the Student Senate at the high school.

 

6.6       To undertake a first consideration of a calendar for the 2006-2007 school year

 

            Board members received a corrected version of the draft calendar. 

 

            This is considered the first of two required readings (consideration) of a calendar for the 2006-2007 school year.

 

6.7       To consider the Finance Committee’s recommendation for a school budget for the 2006-2007 fiscal year

 

            It was moved by Mr. Steinert and seconded by Ms. Najarian to adopt the Finance Committee’s recommendation for a school budget for the 2006-2007 fiscal year, in the amount of $35,479,624.

 

            Ms. Burns requested reconsideration of the proposed elimination of a second grade teacher at Williams-Cone School. 

 

            Superintendent Wilhelm noted that the Board’s class size guidelines state that 20 is the maximum class size average for Grades 1-3, and that keeping three teachers with class sizes of 13, 12, and 13 causes the class sizes to fall below the minimum.  Eliminating one position would create class sizes of 19 and 19, one less than the maximum.

 

            He stated that Grade 4 in Williams-Cone is on the “cusp” of being near the maximum class size.

 

            Mr. Hill asked the reason that the school population of Williams-Cone has increased by 16.  Principal Otis Thompson attributes the increase to occupancy at Topsham’s Crossing or military families being assigned to Topsham Housing.

 

            Mrs. Gardner stated she shares Ms. Burns’ concerns on the Williams-Cone situation and also the reduction of Guidance services at Woodside.

 

            Mrs. Totten stated there’s been ample opportunity for concern to be expressed about this situation and for anyone concerned to come forward to object to the elimination of the teaching position.  She stated that the letter sent to Board members by Williams-Cone School staff arrived at her home “too late” and that she feels the process has been circumvented. 

 

            Mrs. Dickson also expressed surprise at the late arrival of the staff-generated letter and asked the Board to look at students making gains in smaller-sized classes.

 

            Mr. Johnson reminded the Board that it has added teachers over the summer as a result of population gains.

 

            Superintendent Wilhelm indicated that administration has looked at ways of shifting resources.  Mr. Johnson suggested monitoring changes in student population.

 

            Ms. Burns stated she had attended all Finance Committee meetings and that “34” – not “38” – was the enrollment of the incoming second grade when consideration was being given to eliminating staff.  Expressing her fear that similar situations would continue to happen, she asked what latitude the Board has under the Contract to keep teachers and use resources differently.  She would like the Board to consider that. 

 

            Mrs. Rogers feels the proposed budget should remain as it is and that using numbers that are “one or two under the maximum” to justify adding staff is not the intended application of the policy.  She would prefer being asked to add staff later, if the numbers substantiate the need.

 

            Ms. Eliot expressed her discomfort at being asked to add staff before the actual numbers are clear, feeling that the Board should stay within the confines of the Comprehensive Planning Process.

 

            Ms. Najarian admitted she’s a proponent of smaller class sizes but emphasized that the Board has to apply its own guidelines.

 

            Superintendent Wilhelm commented that in reduction-in-force, if a teacher has a continuing contract, that teacher will still have a job in the District and has the right to “bump” the least senior teacher.  He stated that probationary teachers have no “bumping” rights and that attrition usually prevents instances of teachers having to exercise “bumping rights.

 

            Mr. Steinert views it as an anomaly that the population increase at Williams-Cone is the equivalent of a classroom’s population.  He stated he would prefer to leave it “as is” since the teachers to be impacted will still have a job.

 

            Business Manager Ron Lavender stated that adding a teacher to the budget would increase it by $38,593.

 

            It was moved by Ms. Burns, seconded by Mrs. Gardner, and FAILED (231 yeas, 702 nays, 0 abstentions, and 67 absent) to amend the motion (to adopt the Finance Committee’s recommendation for a school budget for the 2006-2007 fiscal year, in the amount of $35,479,624) by adding a teaching position at Williams-Cone School.

 

            Voting yea were Ms. Burns, Mrs. Dickson, and Mrs. Gardner.

 

Voting nay were Ms. Eliot, Mr. Hill, Mr. Johnson, Mrs. Meisenbach, Ms. Najarian, Mrs. Rogers, Mr. Rowe, Mr. Steinert, Mrs. Totten, and Mr. Tufts.

 

            There were no abstentions.

 

            Absent was Mrs. Carrier.

 

            The original motion made by Mr. Steinert and seconded by Ms. Najarian to adopt the Finance Committee’s recommendation for a school budget for the 2006-2007 fiscal year, in the amount of $35,479,624 was VOTED (779 yeas, 154 nays, 0 abstentions, and 67 absent).

 

            Voting yea were Ms. Eliot, Mrs., Gardner, Mr. Hill, Mr. Johnson, Mrs. Meisenbach, Ms. Najarian, Mrs. Rogers, Mr. Rowe, Mr. Steinert, Mrs. Totten, and Mr. Tufts.

 

            Voting nay were Ms. Burns and Mrs. Dickson.

 

            There were no abstentions.

 

            Absent was Mrs. Carrier.

 

6.8       To enter executive session to consider the Harpswell Withdrawal Petition as allowed under 1 M.R.S.A. Section 405(6)(E), the discussion of legal rights and duties with counsel and 1 M.R.S.A. Section 405 (6)(C), the disposition of property

 

At 7:30 p.m. it was moved b y Mrs. Rogers, seconded by Mr. Hill, and VOTED (856 yeas, 0 nays, 77 abstentions, and 67 absent) to enter executive session to consider the Harpswell Withdrawal Petition as allowed under 1 M.R.S.A. Section 405(6)(e), the discussion of legal rights and duties with counsel and 1 M.R.S.A. Section 405(6)(C), the disposition of property.

 

Voting yea were Ms. Eliot, Mrs. Gardner, Mrs. Hill, Mr. Johnson, Mrs. Meisenbach, Ms. Najarian, Mrs. Rogers, Mr. Rowe, Mr. Steinert, Mrs. Totten, and Mr. Tufts.

 

Voting nay was Ms. Burns.

 

Abstaining from voting was Mrs. Dickson.

 

Absent was Mrs. Carrier.

 

Business Manager Ron Lavender and the District’s attorney, Peter Lowe, remained in the executive session.

 

The executive session ended at 8:35 p.m.

 

7.3              (taken out of order)  Withdrawal Committee report

 

Mrs. Rogers read aloud the Board’s response to the Harpswell Withdrawal Committee’s proposal. 

 

Mrs. Rogers added that it is the Board’s belief that all meetings (relative to Harpswell’s withdrawal petition) should be in open session, except when the Board needs to meet with its counsel.

 

It was moved by Mr. Tufts, seconded by Mr. Hill, and VOTED (unanimously) to accept the District’s Response to Withdrawal Committee Proposal.     {The “District’s Response to Withdrawal Committee Proposal” is attached hereto.}

 

Mrs. Gardner addressed the issue of recent criticisms regarding Joanne Rogers serving as Chair of the Harpswell Withdrawal Negotiating Committee, stating that she’s had the pleasure of working with Mrs. Rogers for the past 21 years.   Mrs. Gardner acknowledged that the Harpswell Board members are not supportive of leaving the District.  Mr. Steinert echoed Mrs. Gardner’s comments, expressing full confidence in Mrs. Rogers’ ability to serve as Chair of the negotiations committee.

 

7.         COMMITTEE REPORTS:

 

            7.1       Finance Committee – No further report was offered.

 

7.2       Calendar Committee – The draft calendar had already been presented, so no further report was presented.

 

7.3       Withdrawal Committee – This report had already been presented, immediately following the executive session.

 

7.4              Adult Education Advisory Committee – The Superintendent will ask the program director, Diana McCain, for information on the March 28th meeting.

 

7.5              Facilities Committee – Superintendent Wilhelm reported on the April 10th meeting.  Doug Stevens had identified rebuilding of the high school elevator as a major item for the bond issue.  Also discussed was the cost of repairs to Republic Avenue.  Lease agreements with the Maine State Music Theater and ASCD were also discussed. 

 

Superintendent Wilhelm noted that while nothing has been resolved, communication is ongoing about The Highlands’ need to acquire a small portion of Williams-Cone School property.

 

7.6       Curriculum Committee – Mr. Hill reported on this evening’s meeting of the Curriculum Committee at which Sally Loughlin and Kate Greeley discussed the Investigations program – related to implementation of it, use of data used for evaluation, ending with District actions this year and plans for next year.

 

7.7       Support Staff Negotiations Committee – Mrs. Rogers reported that the Committee had met earlier today and will meet again on May 1st.

 

7.8       501(c)(3) Committee – Assistant Superintendent Sally Loughlin reported on a recent meeting of this Committee.  The Foundation will support one or more of the following guiding principles:

 

          Student readiness (to learn)

 

          Innovation (in promotion of new approaches to teaching/learning)

 

                                  Enrichment (expanding horizons of all students)

 

                                  Capacity (increasing learning capacity)

 

                        Ms. Loughlin indicated the group is developing By-Laws for itself.

 

7.9              Middle School Task Force – Mrs. Totten reported on today’s all-day meeting.  She presented a brief update on what has been accomplished.  The group has been working steadily to alleviate any transitional stress.  Principal Brenda Brown emphasized that a problem exists in being able to schedule everything that needs to be configured into a middle school student’s day.

 

8.         SUPERINTENENT’S REPORT:

 

8.1              Financial Report – Business Manager Ron Lavender presented this report.

 

8.2              Public Hearings and meetings with Selectmen – Superintendent Wilhelm reported he had met with Selectmen of Bowdoin and Bowdoinham on both the budget and the withdrawal process.  He met with Harpswell regarding the budget.

 

8.3              Planning Decisions – Superintendent Wilhelm recently had the opportunity to view an audit done by Planning Decisions on the effect of the Base closure on the region.  That group can present to the Board at its May 11th meeting.

 

8.4              Topsham Local Redevelopment Authority – Mr. Hill reported that the Committee met on April 12th.  The deadline for federal and state application for consideration of government property is approaching. 

 

Superintendent Wilhelm appreciates the Committee’s sensitivity to the fact that the 77 acres are set so close to the two Mt. Ararat schools.  Dr. Wilhelm believes the Board should pursue the acquisition of the tennis court (on government property) and some of the land.

 

9.         ADJOURMENT:

 

            The meeting was declared adjourned at 9:05 p.m.

 

 

 

 

 

 

 

 

 

 

 

/bb/minutes4132006

{Approved under Item 7.3}

 

DISTRICT’S RESPONSE TO

WITHDRAWAL COMMITTEE PROPOSAL

 

April 13, 2006

CORRECTED VERSION

APPROVED BY M.S.A.D. NO. 75 BOARD OF DIRECTORS

BY A UNANIMOUS VOTE AT ITS APRIL 13, 2006 MEETING

 

1.         After careful review of the Withdrawal Committee’s proposal, we do not believe this proposal is really a withdrawal of Harpswell from M.S.A.D. No. 75.  It appears instead to be a proposal to re-negotiate the District’s cost-sharing formula.

 

2.         After consulting with the Board’s lawyer, we question the legality of several key aspects of Harpswell’s proposal, including:

 

          It would create a hybrid school unit that is part SAD and part school union.  Maine Law does not allow for this type of school unit.

 

          We don’t believe the District’s Superintendent can serve both as Superintendent of M.S.A.D. No. 75 and the future Harpswell School Committee because it would create a conflict of interest.

 

          State Law stipulates two options for School Administrative District cost-sharing.  This proposal creates a third option not sanctioned by the Statute.

 

          We believe that by Law any multi-year arrangement for the continued education of Harpswell students at M.S.A.D. No. 75 schools, after a withdrawal, must be submitted to a District-wide vote, even if the Board approves of this arrangement.  The proposal makes this only a Board decision.

 

          We do not believe that Harpswell representatives could serve as voting members on subcommittees, such as the District’s Finance Committee.

 

3.         The Board is opposed to the withdrawal of Harpswell from the District and does not believe it is in the best interest of the children in M.S.A.D. No. 75.  We still believe that our legal obligation is to negotiate the withdrawal of Harpswell from M.S.A.D. No. 75.  Under this withdrawal process, the Withdrawal Committee lacks the authority to negotiate the cost-sharing formula.  At a minimum, some of the major items that we should negotiate as required elements of a withdrawal agreement, but which are not addressed by the proposal, are the disposition of the two elementary schools, the employment of central office staff (particularly a Superintendent), liability insurance for an independent Harpswell School Department, the funding of special education for Harpswell students, and the division of property and other assets.

 

4.         Using the numbers from the “Proposed Harpswell Budget” and the total operating cots for M.S.A.D. No. 75 for the 2005-2006 school year, we estimate that the District would have needed to raise new revenue of at least $689,000 to replace the lost Harpswell revenue for the 2005-2006 budget.  This does not take into account the additional resources that M.S.A.D. No.75 would have to spend to fulfill the administrative functions of the Harpswell School Department.  All told, the shortfall would be approximately three quarters of a million dollars.

 

This type of shortfall would necessitate either severe budget cuts (and the lay-off of faculty, staff and programs) or substantial tax increases for our other member communities.

 

5.         Using the Harpswell Withdrawal Committee’s proposal, we believe that it substantially underestimate the financial commitment necessary to educate the Harpswell students.  For example:

 

          Harpswell will need to meet the mandatory administrative, record-keeping and reporting requirements that the State and federal government impose on an independent school department.  Considerable resources beyond the budgeted $25,000 will be required to meet these administrative burdens.

 

          No allowance or provision is made for liability insurance.  In these litigious times, it will only be a matter of time before the Harpswell School Committee is sued; and it is critical to carry costly liability and School Board insurance policies.

 

          The proposal fails to address who will fund the tuition and transportation costs of Harpswell’s special education students who are placed in M.S.A.D. No. 75 schools.

 

          The proposal offers no resources for the operation of adult education programs for the benefit of Harpswell residents

 

          Transportation costs are underestimated because they are based on pupil numbers, and do not take into account the mileage driven on Harpswell bus routes.

 

6.         We would be willing to sit down with the Harpswell Withdrawal Committee and explain our concerns in greater detail.  We look forward to hearing how the Harpswell Withdrawal Committee plans to assist the District in mitigating the financial impact of withdrawal so that we are not required to increases taxes or make damaging budget cuts.