REGULAR MEETING FEBRUARY 12, 2002

The School Board of Pinellas County, Florida, met in Regular Session on Tuesday, February 12, 2002, at 1:00 P.M. in the Conference Hall of the Administration Building, 301 4th Street SW, Largo, Florida.  Present: Mr. Lee Benjamin, Chairman; Mrs. Nancy N. Bostock, Vice Chairman; Mrs. Carol J. Cook, Mrs. E. Jane Gallucci, Dr. Max R. Gessner, and Mrs. Linda S. Lerner, Members; Dr. J. Howard Hinesley, Superintendent and Ex-officio Secretary; Dr. John Stewart, Deputy Superintendent; Mr. Lanse Johansen, Chief Business Officer; and, Mr. John Bowen, School Board Attorney.

Mr. Thomas C. Todd was not present.  Therefore, all votes will reflect a total of six voting members.

The Invocation was given by Dr. Ron Stone, Associate Superintendent, Human Resources and Public Affairs. This was followed by the Pledge of Allegiance and a video of Pinellas County students presenting a patriotic tribute.

Introduction of the following representatives of professional and community organizations was given by Dr. Ronald Stone, Associate Superintendent for Human Resources & Public Affairs: Carolyn Smith, PESPA; Rob McMahon, PCTA; Carolyn Bluett, PCCPTA; Pat Scarberry, DMAC; Richard Cash, Pinellas County for a Complete Arts Education; Bill Williamson, Operations Team; and, Kelly Ryan Gilmer, The St. Petersburg Times. 

It was moved by Mrs. Gallucci and seconded by Dr. Gessner to adopt the agenda.

Dr. Hinesley informed the Board that Ms. Betty Howard, Item #10, and Mr. Thaddeus Starling, Item #11, have requested administrative hearings and requested that the Board approve the alternatives reflecting these requests.

DELETE:       Bid # 02-990-512-RN-CT, Closed Circuit Television Security Systems, Installation, Maintenance and Repair Service, page 93, Under Item #24

ADD:              Item #25, Request authorization to file a counterclaim in the case of Pilot Construction Services, Inc. v. School Board of Pinellas County, Circuit Civil Case No. 02-911-CI-20

        The motion to adopt the agenda, as amended, was carried with a  6- 0 vote.                                                                                                     

A.      Brian Aungst Jr., Edward Geller, and Noel Davison,  Students Rights and Responsibilities Committee, Countryside High, addressed the Board to share events occurring at Countryside High and the concern of some of the students relating to the early starting time.  Discussion followed by Board Members.  The Board Members thanked the students for attending the Board meeting.

1.                Mr. Benjamin introduced the Superintendent’s Recommendation to Adopt the Proposed Final Order to Dismiss Mr. Wade Ragland, Bus Driver, Transportation Department, and reviewed the process for Mr. Ragland’s attorney and the staff attorney to follow in this hearing. He stated this case and the written documents were studied by all Board Members. 

Dr. Hinesley stated Board policy and federal regulations require automatic dismissal of a bus driver if immediate action is not taken by a driver when requested for random drug testing; that federal regulations prohibit Mr. Ragland from continued employment as a bus driver, but the decision today is whether Mr. Ragland should continue employment in another capacity with Pinellas County Schools; and, that the reason he is requesting dismissal instead of continued employment in another capacity is because of his work history.

Mrs. Jackie Spoto Bircher, Staff Attorney, reviewed the charges against Mr. Ragland and the primary reasons why, based on the Administrative Law Judge’s Recommended Order, the Board should dismiss Mr. Ragland from continued employment. 

Mr. Andrew Saltzman, attorney for Mr. Ragland, requested that the Board look at the total circumstances, actions of everyone, and approve the Administrative Law Judge’s Recommended Order.

Mr. Bowen explained the exceptions filed by Mrs. Bircher to the Administrative Law Judge’s Recommended Order.

Discussion followed by Board Members, Mrs. Bircher, and Mr. Bowen.

Mrs. Lerner stated that this was not a progressive discipline case; that according to overwhelming evidence, Mr. Ragland’s intent was to go and be tested; that there are questions about reasonable time and what is meant by immediate; and, that she believed there should be some discipline, but that the evidence does not support termination.

Further discussion continued with Mr. Bowen, Mrs. Bircher, and Board Members.

Mrs. Gallucci called for the question.

1a.    It was moved by Mrs. Gallucci, seconded by Mrs. Cook, and carried with a 5-1 vote, Mrs. Lerner voting against, to approve the Superintendent’s Recommendation to adopt the Proposed Final Order, submitted by the Staff Attorney, adopting the Administrative Law Judge’s Recommended Order as the Final Order with the Exceptions Noted in Numbered Paragraphs 1–6 of the Final Order.  (Copy to be found in Supplemental Minute Book #96.)

2.      It was moved by Dr. Gessner, seconded by Mrs. Bostock, and carried with a 6-0 vote to approve the Consent Agenda, as amended.

2a.    To approve the minutes of the Regular School Board Meeting of    January 29, 2002, as submitted.

2b.    To approve the Personnel Actions as Recommended by the Superintendent. (Copy to be found in Supplemental Minute Book #96.)

2c.    To approve to Dismiss Ms. Linda Boss,  Teacher Assistant, ESE l, Madeira Beach Middle School. (Copy to be found in Supplemental Minute Book #96.)

2d.    To approve to Accept the Stipulation to Suspend  Ms. Amy Coombs, Physical Education Assistant, Oakhurst Elementary School, for Three (3) Days Without Pay . (Copy to be found in Supplemental Minute Book #96.)

2e.    To approve to Dismiss Ms. Bridget Crider, Teacher Assistant, ESE I, Largo Middle School. (Copy to be found in Supplemental Minute Book #96.)

2f.     To approve to Dismiss Mr. Robert E. Fisher, Plant Operator, Largo Middle School. (Copy to be found in Supplemental Minute Book #96.)

2g.    To approve to Dismiss Ms. Teresa Hoose, Food Service Assistant, Pinellas Park High School. (Copy to be found in Supplemental Minute Book #96.)

2h.    To approve to Accept the Stipulation to Suspend  Ms. Dawnmaire Hopwood, Central Information Receptionist, Administration Building for Twenty (20) Days Without Pay. (Copy to be found in Supplemental Minute Book #96.)

2i.      To approve to suspend Ms. Betty Howard, Plant Operator, Sexton Elementary, without pay effective February 13, 2002, pending the outcome of the administrative hearing. (Copy to be found in Supplemental Minute Book #96.)

2j.      To approve to suspend Mr. Thaddeus Starling, Teacher, John Hopkins Middle, without pay effective February 13, 2002, pending the outcome of the administrative hearing. (Copy to be found in Supplemental Minute Book #96.)

2k.     To approve to Accept the Stipulation to Suspend  Mr. James Utsler, Bus Driver, Transportation Department for Three (3) Days Without Pay. (Copy to be found in Supplemental Minute Book #96.)

2l.      To approve the Ratification of Two Partnership Agreements Between The City of Largo and the School Board of Pinellas County to Support Existing On-Campus Intervention Programs at Largo High School and Largo Middle School by Providing Funds to Cover the Salary and Benefits of a Full-Time Teacher at Each School.  (Copy to be found in Supplemental Minute Book #96.)

2m.   To approve the Following Special Projects:  (Copy/copies, as appropriate, to be found in Supplemental Minute Book #96.)

-    Amendment to Title VI, Federal Class Size Reduction Project:  $600,154.95

-    Amendment to Title VI, Innovative Education Program Strategies (Block Grant):  $177,202.31

-    Amendment to Title I, Part D - Delinquent Project:  $55,013.68

-    Amendment to Title I, Part A – Basic Project:  $547,172.63

-    Amendment to Agreement with Eckerd Youth Alternatives:  $26,740

-    Amendment to Workforce Development Capitalization Incentive Funds (Digital Media Technology):  $200,999

-    Agreement with American Education Solutions:  $120,000

2n.    To approve Budget Amendment No. 4 (December 2001) to the District’s 2001/2002 Budget.

2o.    To approve  the Financial Statements for Month Ending December 31, 2001 for Fiscal Year 2001-2002.

2p.    Mrs. Lerner, having pulled this item, stated that School Advisory Committees are the cornerstone to school improvement and questioned if there is success with recruiting and keeping SAC members.  Mrs. Lerner suggested asking the SAC’s district committee to meet with the Board to share their recommendations and suggestions.  It was moved by Mrs. Lerner, seconded by Mrs. Gallucci, and carried with a 6-0 vote to approve the 2001-2002 School Advisory Council Membership Lists.

2q.    To approve the Grant of a Communication Easement to Verizon Florida Inc., Authorizing the Easement on the Paul B. Stephens Exceptional Student Education Center Site. (Copy to be found in Supplemental Minute Book #96.)

2r.     To approve the  Agreement With Criswell, Blizzard, Blouin, Architects, for Architectural and Construction Contract Administration Services in Connection with Constructing a new Dunedin Highlands Middle School for Fees of $706,210. (Copy to be found in Supplemental Minute Book #96.)

2s.    To approve the Agreement With Beers Skanska Inc. for Construction Management Services in Connection with Constructing a new Thurgood Marshall Middle School in the Amount of $1,817,369. (Copy to be found in Supplemental Minute Book #96.)

2t.     To approve the Agreement With R. J. Bunbury Co., Inc., for Construction Management Services in Connection With new Construction, Remodeling and Renovations at Shore Acres Elementary School in the Amount of $1,105,050. (Copy to be found in Supplemental Minute Book #96.)

2u.    To approve  Amendment No. 2 to Agreement With Lincoln Construction, Inc. for a Partial Guaranteed Maximum Price (GMP) in Connection with new Construction and HVAC Remodeling and Renovations at Cypress Woods Elementary School in the Amount of $1,000,000. (Copy to be found in Supplemental Minute Book #96.)

2v.     To approve the Agreement With C. B. Goldsmith and Associates for Design and Construction Administration Services in Connection With the Total HVAC Renovation Project at Seminole Middle School in the Amount of $383,169. (Copy to be found in Supplemental Minute Book #96.)

2w.    To approve Bids to Vendors at Prices in Bid Documents in Accordance with Bid Policies and Statutes.  (With the Exception of Bid # 02-990-512-RN-CT, Closed Circuit Television Security Systems, Installation, Maintenance and Repair Service, page 93, that was previously deleted at the beginning of the meeting.) (Copy to be found in Supplemental Minute Book #96.)

2x.     Mr. Bowen stated that Pilot Construction Services, Inc. filed a complaint against the School Board claiming damages in the amount of $554,497.57; that the Facilities Department disputes that anything is owed to them and, in fact, claims that the company owes the district substantial amounts in liquidated damages for not having finished the project in a timely manner as required by the contract; that there are other litigations going on with this company; that the law provides if we do not assert by counterclaim, we waive any right to collect all claims we have related to their claim against us; and, that the Board should file a counterclaim and seek liquidated damages and other damages we can prove are due to the Board from Pilot Construction Services, Inc.  It was moved by Mrs. Bostock, seconded by Mrs. Gallucci, and carried with a 6-0 vote to approve the authorization to file a counterclaim in the case of Pilot Construction Services, Inc. v. School Board of Pinellas County, Circuit Civil Case No. 02-911-CI-20.

3.                The following individuals addressed the Board during Presentations from the Audience:

Mark Klutho – Addressed the Board to state his objection to the lighting used in this building and that the district should build “smart schools.”

4.                Dr. Hinesley’s report included the following:

¨           Thanked Board Members who were able to attend the Outstanding Educator of the Year  and the Support Service Employee of the Year events and stated the goal next year is to recognize 1,000 -1,500 educators.  Commended Mr. Brian Abe, TV Operations Manager, and staff for their coverage of these events.  Stated Mr. Abe is currently at the Olympics doing on-the-job staff development, and the district is very fortunate to have him.

¨   Stated that at the workshop on Thursday, there will be no presentation beyond an update on the budget, as the Board requested; that materials have been sent to Board Members with the agenda showing the levels of all administrative and support services positions and this will be sent back to the committee for final action and then brought to the Board for approval; that these levels will establish new ranges for support staff and administrators; that the alternative high school agenda item will include discussion by the Board but no presentation, as requested; that the Steering Committee for the alternative high school has put together a list of pros and cons and these will be listed on chart paper and used as a starting point for discussion; that members of the High Point Community have been notified of the workshop; and, that the Alternative High School Steering Committee members will be in attendance at the workshop.

5.      Mr. Bowen’s report included the following:

¨        Stated that he had no report.

6.      Reports from School Board Members were as follows:

Schools Visited or Functions Attended by Board Members

Outstanding Educators Recognition at Tropicana Field; Florida State University Basketball Reunion; Education Foundation Meeting; Leadership St. Pete Visit (Mrs. Bostock); North Shore Elementary’s 75^th Anniversary Celebration; St. Petersburg College – Dedication of University Partnership Center; St. Petersburg High – Hall of Fame Inductions; St. Petersburg High – IB Pinning Ceremony

          Concerns Expressed, Written or Oral        

          Mrs. Gallucci – Stated that in the President’s budget and in a bill, “No Child is Left Behind,” there are tuition tax credits and corporate tax credits.  Requested that a letter be sent clarifying the Board’s past stand on money going outside the public schools.  Dr. Hinesley stated Mr. Steve Swartzel, Director, Governmental Services, has drafted a letter for approval by the Board at the Thursday workshop.

          Mrs. Lerner – Reminded Board Members that there will be a press conference in Tallahassee next Wednesday at noon involving FSBA, Florida League of Cities and Florida Association of Counties to highlight the need for tax reform and to talk about local control and adequate funding.  She invited  Board Members to attend this press conference to show support for tax reform.

          Dr. Gessner – Referenced a memorandum he sent Dr. Hinesley and Board Members regarding setting goals for teacher salaries and discussing this at the workshop.  Dr. Hinesley stated that the discussion about salaries should not only include salaries, but salaries and benefits.  Dr. Gessner stated the district will have to work with funds available but should work towards being the highest paying district in the state with the best benefits.

          Mrs. Cook – Distributed the final report from the PCCPTA legislative program.  She stated that beginning in September through January, the PTAs, SACs, and School Board worked together to have legislators come and speak in the schools and hear what the communities had to say.  Mrs. Cook thanked Mrs. Mary White, PCCPTA,  and Mr. Swartzel for their efforts that resulted in legislators visiting 17 schools in Pinellas County.

          Mr. Benjamin – Thanked Mrs. Mary Capps for filling in for Mrs. Deborah Beaty and wished Mrs. Beaty a speedy recovery.  Stated he spoke with Mrs. Scarberry, DMAC, regarding the Board setting an informal meeting with DMAC to discuss any issues they may have.  Mr. Benjamin stated the meeting will be set after the Board receives suggested dates from DMAC.

7.      Dr. Stewart stated that he had no report.

8.      There being no further business to be brought before the Board, this meeting adjourned at 3:10 p.m.

______________________       _____________________

                             Chairman                                  Secretary

/mgc(12Feb02)