LINCOLN PARISH SCHOOL BOARD
Ruston, Louisiana
REGULAR SESSION
Wednesday, October 22, 2008 12:30 P.M.
The Lincoln Parish School Board met in Regular Session on Wednesday, October 22, 2008, at 12:30 p.m. at Ruston Junior High School, 481 Tarbutton Road, Ruston, Louisiana. Members present were President Otha Anders, Mr. Michael Barmore, Ms. Lisa Best (left before the meeting ended), Mr. Curtis Dowling, Ms. Mattie Harrison, Ms. Lynda Henderson (left before the meeting ended), Mr. Trott Hunt, Mr. Jim Kessler, Mr. George Mack, Mr. Ted McKinney, and Mr. Joe Mitcham.
Mr. Eddie Jones was absent.
Prior to the business meeting, board members enjoyed a delicious lunch in the school cafeteria.
Mr. Anders called the meeting to order, and Mr. Kessler gave the invocation. Ms. Harrison led in the Pledge of Allegiance to the American flag. Mr. Anders welcomed everyone to the meeting.
Upon a motion by Ms. Best, seconded by Mr. Barmore, the Board unanimously voted to adopt the agenda as printed.
Principal of Ruston Junior High, Tim Nutt, welcomed guests to the school, and said his staff, 625 students, and he are proud of the results of a 2.5 year building project. He mentioned a few programs and strategies in use at the school including the new literacy initiative and athletic facility and reconnection with athletics at the high school. Mr. Nutt closed with an invitation to return to RJHS at any time.
Due to increased number and unique needs of special education students and the elimination of ”r;T” buildings, it has become necessary to construct additional classroom space at Glen View, according to Superintendent Danny Bell. He asked for permission to advertise for bids for this addition.
Architect Mike Walpole said the addition would be adding six classrooms.
Following brief questions, upon a motion by Mr. Hunt, seconded by Ms. Henderson, the Board unanimously voted to grant permission to advertise for bids to construct an additional classroom building at Glen View.
As a result of the completion of major renovation in the Simsboro and Ruston school districts, several portable buildings were no longer needed for storage or instruction. Mr. Bell requested permission to dispose of these buildings in accordance with state bid law and applicable board policies.
Upon a motion by Ms. Best, seconded by Mr. Mitcham, the Board unanimously voted to grant permission to advertise for bids to dispose of superfluous portable buildings.
Joe Mitcham, Chairman of the Finance Committee, communicated that the committee tabled a matter during their October 22, 2008, meeting regarding Saint Gobain Container’s request for the Board to consider a one-time sales tax abatement on materials needed to repair two furnaces. The district’s share of the taxes was projected to be $520,000 over the next two years. It was mentioned that there could be a legal problem; however, Ruston-Lincoln Chamber of Commerce Director, Scott Terry, corresponded with board members after the meeting and informed them that there would not be a legal problem. He asked Jon Guice, the Board’s attorney, for his opinion on what possible steps should be followed at this time.
Mr. Guice said while he is not familiar with the glass plant but is pro business and economic development, he wanted to share his concerns in keeping with his job of keeping the Board out of trouble. His concerns were based on:
Article VII, Sec. 14, of the Louisiana Constitution says there can’t be a prohibited donation. He believes the abatement would fall under that type of donation.
In Title 51, there are some exceptions allowing taxes to be abated or a one time rebate. After further research, act 720 of the 2008 Legislative Session, has a section which provides in part that sales and use taxes imposed by a political subdivision which are dedicated to schools shall not be eligible for rebate. He contacted the Attorney General, who is aware of this, and that caused further concern.
The 2005 decision of the Louisiana Supreme Court, in the Bass Pro Shop case, held that once citizens vote for a tax dedicated for one purpose, the tax cannot be used for another purpose. Any alteration should only come by a vote of the people.
He recommended that the Board vote to request a formal opinion from the Attorney General and offered to help expedite the opinion. He believes the opinion might be received by the November board meeting which was fourteen days away.
The Board was sympathetic with the sentiment expressed, but concerned that a tax waiver would lower the employees’ salary supplements and the funding the school system would receive when the Minimum Foundation Program’s allocations are calculated.
Mr. Guice repeated his suggestion to seek the attorney general’s opinion and again offered to request that a response be expedited. He hoped it would arrive prior to the next regular session of the board, November 11.
Mr. Mitcham suggested tabling the matter until then in hopes that the attorney’s opinion would be received.
Scott Terry said that he spoke to the author of bill 720, Representative Ellington. He noted that the bill doesn’t pertain to this exclusion of sales tax. It deals with the rebate of sales tax. He thanked the Board for their consideration and urged them, from the Chamber’s standpoint, to make a decision to approve the exclusion contingent upon a legal opinion and not to table the matter. There are orders that need to be placed by the company.
Saint Gobain Tax Director, Jeff Shonkweiler, reiterated that he and Mr. Terry contacted Representative Ellington who said the intent of the bill was to prevent rebates or refunds of taxes previously paid. Nowhere in the bill are exclusions or abatements mentioned. It was his understanding that a similar type of abatement was recently done in Caddo Parish for General Motors. Apparently there was no issue there although he has no problem with the attorney general looking into the matter. He would like to know that the Board would pass it subject to that.
Upon a motion by Mr. Hunt, seconded by Mr. Mack, the Board voted 10-1 to grant abatement on sales taxes on materials needed by Saint Gobain Containers to rebuild both of its furnaces over the next two year as long as it does not affect employees’ 13th checks and contingent on the approval of the attorney general.
VOTING FOR VOTING AGAINST
Mr. Otha Anders Mr. Ted McKinney
Mr. Michael Barmore
Ms. Lisa Best
Mr. Curtis Dowling
Ms. Mattie Harrison
Ms. Lynda Henderson
Mr. Trott Hunt
Mr. Jim Kessler
Mr. George Mack
Mr. Joe Mitcham
Absent and not voting was Mr. Eddie Jones.
Ms. Best and Ms. Henderson left the meeting.
Kathy Shipp, special education supervisor, gave an informative report and had an interesting power point presentation which included a total number of 767 students being served in Lincoln Parish, types of disabilities, exceptionalities, and developmental delays, pupil-teacher rations, and models of service.
A September 30, 2008, health plan update was discussed by Business Manager, George Murphy. He said the fund had a deficiency of $90,862.28 for the month and $902,932.51 for the year. It was the third month in which $500,000 was added for a total of $1,500,000. He is meeting with the Insurance Committee next week to finalize recommendations to bring to the Superintendent. He plans to bring a proposal for health plan changes to the Board at their November meeting.
Mr. Murphy continued by declaring that the 2000 ad valorem tax, originally approved by the voters at a rate of 10 mills, is up for renewal. It had been reduced through reassessments and rolled back to 8.49 mills. For fiscal year ending June 30, 2009, the tax will generate $2,423,892 which will be used for salary enhancement, retiree single health insurance premiums, technology, and operations and maintenance. If the tax is not renewed, salaries will be reduced, retirees will have to pay for their insurance premium, technology enhancements and enhancements may have to be curtailed, and funding for construction, operations, and maintenance would be reduced. He stated that Grant Schlueter, Bond Attorney, will bring specific information for the Board to consider at the December meeting.
Forethought Consulting recommended several policy manual revisions, one deletion, and two additions in order to comply with Acts sent to the governor’s office following the last session of the Louisiana Legislature. Recommended for revision were: Meetings (BC), Agenda Preparation and Dissemination (BCBD), Public Participation (BCBI), Employment of Personnel (GBD), Employee Conduct (GBRA), Sick Leave (GBRIB), Parent Conferences (IHAD), Attendance (JB), Student Assignment (JBCC), Student Absences and Excuses (JBD), Truancy (JBE), Student Conduct (JCD), Expulsion (JDE), and Public Concerns and Complaints (KN). Recommended for deletion was Regular and Special Meetings (BCAB); and recommended for addition were: Student Welfare (JG) and Public Information Program (KB). Mary Null, Director of Instruction, Personnel, and Special Programs, urged board members to study the proposed policy changes until the November 11, 2008, meeting.
In a Report of the Superintendent, Mr. Bell:
Divulged that schools would be closed November 4, 2008, because of the presidential election.
Congratulated Jon Guice’s father, Keith, on his recent selection as president of BESE.
Told that it was announced in Baton Rouge last week that Lincoln Parish was one of ten systems selected to receive approximately $20,000 for a planning grant for high tech high schools. He has a team going to the Dallas area in the near future.
Reminded board members to R.S.V.P. for the upcoming Academic Awards Banquet.
Commented that Ruston Elementary had a state department visitor. It seems they are doing extremely well educating children. They are in the top tier of about five schools for their success educating at risk students. He congratulated the faculty and staff and especially the principal at Ruston Elementary School.
Asserted that he had assembled a group of fourteen to attend a Drop Out Summit in Baton Rouge on Tuesday at the State Superintendent’s request.
There being no further business and upon a motion by Mr. Hunt, the meeting adjourned at 1:37 p.m.
Danny L. Bell, Secretary
Otha L. Anders, President