Board approves lease agreement, discusses mask directive

POTOMAC - The Potomac School Board unanimously voted to approve their 2021-2022 lease agreement with Potomac Greenough Community Center (PGCC) during their regularly scheduled monthly meeting Monday, March 8. They also approved a second reading of Montana School Board Association (MTSBA) policy updates and discussed what direction they would move in regarding the school’s mask mandate.

Trustee Dr. Courtney Hathaway said she met with PGCC Chair Dawn Downs to go over the changes that the School Board had made to the agreement during a special meeting. Hathaway said Downs agreed to remove a line item that contractually obligated the school to adhere to a maintenance schedule.

Downs changed it so that the school would contribute to a general maintenance fund for the PGCC’s maintenance. This makes it so that the school would not be beholden to some form of an arbitrary maintenance schedule.

“I actually liked her edit better than what we had talked about making it today, which was an agreed-upon maintenance schedule,” Hathaway said. “By changing [this] line item … we really got almost everything changed to the way that I feel like it benefits the school. … I came away from the negotiations very optimistic that she understood that we were trying to do the right thing for the Community Center, but that we could not be contractually obligated to these huge expenses that are listed in their maintenance schedule.”

Hathaway said one line that caused a bit of concern was that PGCC would reserve the right to contract labor and assess a 10% penalty, listed in the paragraph titled damages. She said she spoke to Downs at length about it and that the line is “very specifically related” to ongoing maintenance needs such as changing thermostat batteries, light bulbs, furnace filters and clogged drains. While that point remains, they moved that to the paragraph that specifically addressed daily maintenance and repairs.

“We want to make sure that our custodian is taking care of those little maintenance things,” Hathaway said.

Other negotiations to the lease Hathaway made with Downs had to do with re-wording and document reorganization.

Board Chair Cliff Vann said he was happy both boards were able to negotiate with each other.

“I feel better about this lease than any that we’ve signed in three years now,” Vann said.

The School Board unanimously approved a second reading of MTSBA policy updates regarding student discipline, conduct on school property, personal conduct, drug-free workplace, fundraising notice, and visitor and spectator conduct.

Board members held a discussion about the continuation of their 1900 series policies which includes requiring masks in school facilities as well as student cohort groups. According to Vann, despite the executive actions by Governor Greg Gianforte to adjust the state of emergency in Montana, the school would still have to abide by the Missoula City-County Health Department’s (MCCHD) mask mandates.

Vann said he met with teachers, the Potomac Education Association and Principal John Rouse to gather more insight. In addition, he met with Elizabeth Kaleva, an educational legal representative, who stated that if a school board in Missoula County chooses not to follow the Health Department’s mask mandate, then the board would have to take them to court.

Vann said he also met with MTSBA Executive Director Lance Melton who said that the county order is legally enforceable because it is specifically addressed in the Governor’s order. The District would place itself in “a very precarious position” to deliberately violate a legally enforceable rule from MCCHD.

Board Member Kelsy Ployhar said if there was a way to remove the mask requirement then she would support it. However, with the current legal situation she does not see a method that could work in this context.

“I feel like we really don’t have any option at this point since the County does have a mask directive on,” she said. “I hope it changes going forward, but at this point I think that we are where we are and I think we definitely need to make sure to take advantage of going outdoors and doing any outdoor learning that we can.”

Hathaway said she looks at the situation from a risk/reward point of view and congratulates the students and staff members for their resiliency.

“I think that the risk of going against the County Health Department’s mandate … outweighs the potential benefit,” she said. “I think people have been incredibly resilient and able to power through that and continue what was our stated goal from the beginning which was to keep school open and keep our teachers [and] our kids safe and healthy.”

Trustee Gary Long said he was concerned about the power MCCHD has over the school.

“I’m embarrassed that we have to sue in order for our kids to breathe,” Long said. “For a school board at our size and finances they have us by the throat.”

Multiple parents commented that they believe masks should be optional because they are ineffective and stifle personal freedoms.

“Sue the Health Department,” one parent said. “They are appointed, not elected. They do not have resolve over everything we do.”

Another parent said they were tired of their children being reprimanded for not wearing their masks correctly.

“I’m sick of both of my kids getting in trouble for their masks not being pulled up appropriately or they take them down because they’ve either had a bloody nose or they cannot breathe,” they said. “They’re taking away our freedoms and everyone is okay to just bend over and take what the government and the County Health Department is willing to say. … Not just our kids, but all of us are being dictated on what we can and can’t do. … And we’re all being told that this is the new normal. This isn’t normal, not normal at all.”

Development Services’ business manager Alicia Vanderheiden stated that she was in support of the School Board and how they have been handling the situation.

“I think we’ve done an amazing job and we’ve been able to have our kids in school getting in-person education,” she said. “I don’t support the School Board trying to sue the Health Department. … The Health Department does have the legal mandate at this time to make some of these recommendations and decisions.”

Ployhar said while the school would currently not be able to take action, residents could still make an impact at the county level by voicing their opinions to MCCHD.

While the school cannot make masks optional without taking legal action, board members are considering relaxing outdoor cohorting policies. Vann said if they consider relaxing cohort requirements then they should wait until April 1 because they would be offering vaccines to school staff March 9. The vaccines would not be fully effective until around two weeks after the second dose.

The Board then discussed how they would move forward with student activities and the upcoming track season. Members came to a consensus that they would pursue a track season this year where they will abide by Health Department regulations although they did not make an official motion.

Vann had pointed out that the school had not had any sports since COVID-19 had come about and that some parents around the school felt the sport was safer compared to others because participants and spectators could spread out without masks.

Rouse said he attended a Montana Association of School Superintendents meeting earlier in March where eight school representatives stated that they were at least considering holding a season although others were concerned about outside transmissions taking place at meets.

The Board unanimously approved a propane project bid from Design Air, Inc. for $73,407. This project will allow for a dual fuel unit with supplemental add-ons for heat recovery ventilation units. It will also involve replacing the existing furnace.

The Board reviewed the general fund budget for 2020/2021 and 2021/2022. Their committed year-to-date expenses totaled $354,370.13 which is 49% of their $712,668.43 budget. 

Eighth grade students presented updates on their fundraising efforts towards their Canyonlands National Park class trip. They are currently filling out their itinerary. They have fundraised $5,000 over their required budget. The students will head out in May.

The next School Board meeting is scheduled for 7 p.m., April 12.