SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA

 

REGULAR MEETING MARCH 12, 2002

 

The School Board of Pinellas County, Florida, met in Regular Session on Tuesday, March 12, 2002, at 5:00 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, Mrs. Linda S. Lerner, and Mr. Thomas C. Todd, Members; Dr. J. Howard Hinesley, Superintendent and Ex-officio Secretary; Mr. Lanse Johansen, Chief Business Officer; and, Mr. John Bowen, School Board Attorney.

 

The Invocation was given by Dr. James Hilton, Central Christian Church (Disciples of Christ), 1200 Keene Rd. S. Clearwater.  This was followed by the Pledge of Allegiance and a patriotic tribute video.

 

Introduction of the following representatives of professional and community organizations was given by Dr. Ronald Stone, Associate Superintendent for Human Resources & Public Affairs: Rob McMahon, PCTA; Carolyn Bluett, PCCPTA; Pat Scarberry, DMAC; Vic Rowley, PCSAA; Bill Williamson, Operations Team; Kelly Ryan Gilmer, The St. Petersburg Times.

 

It was moved by Mr. Todd and seconded by Dr. Gessner to adopt the agenda.

 

PULL:         Consent Item #3

Consent Item #4, Personnel Actions With a Time Certain of 4:00 p.m.

         

DELETE:   Presenters or Special Order, Item D

Consent Item #4, Personnel Actions, pgs. 26 & 27

                   Consent Item #6        

 

The motion to adopt the agenda, as amended, was carried with a  7-0 vote.                            

A.      Jamie Tippins and David Harmel, Students Rights and Responsibilities Committee, Northeast High, addressed the Board to share events and new programs at their school.  Ms. Tippins congratulated Mr. Benjamin for being the first coach inducted into the Northeast Hall of Fame.  The Board Members thanked the students for attending the Board meeting.

 

B.               Ms. Doretha S. Jackson, Supervisor, Community Involvement, introduced the following 13 Outstanding School Volunteers for 2002 who were selected for their unique contributions and dedication to quality education:


 

 

Area I:

*Youth -    Ashley Tantillo, East Lake High School (Clyton Snare, Principal)

Adult -       Gigi Rahman, McMullen Booth Elementary School (Pamela T. Moore, Principal)

Senior -    Margaret Bock, Paul B. Stephen School (Virginia Wirt, Principal)

 

Area II

Youth -     Kimberle Noorbakhsh,Largo High School (Barbara Thornton, Principal)

Adult -       Melinda Techler, South Ward Elementary School (Randall Rozelle, Principal)

Senior -    Roger Harrell, Morgan Fitzgerald Middle School (Linda Tucker, Principal)

 

Area III:

*Youth -    Leigha Wolsey, Bauder Elementary School (Janet Johnston, Principal)

Adult -       Martha Bouknecht, Cross Bayou Elementary School (Marcia Stone, Principal)

Senior -    Sandy Bumgarner, Gulf Beaches Elementary School (Marsha Jordan, Principal)

 

Area IV:

Youth -     Daniel Miller, Pinellas Central Elementary School (Lon Jensen, Principal)

Adult -       Duane Barto, KingsHighway Elementary School (Kenneth O’Bryant, Principal)

*Senior -  Robert Blakley, Blanton Elementary School (Deborah Turner, Principal)

 

Workforce Development:

John Bromell, Clearwater High Adult Education Ctr. (Nickolas Grasso, Principal)

 

*  Not Present at the Meeting.

         

The Board Members congratulated  and greeted the volunteers.

 

C.      Mr. Ray Smenner, Assistant Director, Pinellas County Arts Council, addressed the Board and thanked them for supporting the arts in the schools program.  He distributed copies of ArtsNews and referenced articles of interest.  Mr. Smenner presented the Board with an original print entitled, “Mindless Nature,” by Tray Galowany.  Mr. Smenner introduced Tray,  a student at the Pinellas County Center for the Arts and Tray’s father.   The Board Members thanked Mr. Smenner and Tray, for the artwork and their attendance at the meeting.

 

1.                Dr. Hinesley requested that the Board approve to accept the Recommended Order of the Administrative Law Judge to dismiss Mr. Reginald K. Reese, Teacher, Riviera Middle School. Dr.Hinesley briefly discussed the case.

 

Mr. Benjamin stated the Board will serve in a judicial role for this case.  He reviewed the procedures for both attorneys and stated the Board will discuss the case after hearing from both attorneys. 

 

Mr. Mark Herdman, attorney for Mr. Reese, addressed the Board regarding the exceptions to the Administrative Law Judge’s Recommended Order that he filed on behalf of Mr. Reese and stated the reasons why Mr. Reese should not be dismissed.    Mr. Herdman questioned if School Board Policy 8.25, violates Mr. Reese’s due process.

 

Mrs. Jackie Spoto-Bircher addressed the Board and reviewed the exceptions to certain conclusions of law in the Recommended Order that were filed by the Superintendent and the reasons why Mr. Reese should be dismissed.  She stated Mr. Reese violated School Board Policy 8.25, and these violations constitute just cause for his dismissal as a teacher in the Pinellas County School District. 

 

Mrs. Lerner stated that Mr. Reese was an exemplary teacher and believed he should be disciplined but not dismissed.  She questioned if School Board Policy 8.25, affords employees due process. 

 

Discussion followed by Board Members and Mr. Bowen.

 

1a.    It was moved by Mr. Todd and seconded by Mrs. Bostock to accept the exceptions to the Recommended Order of the Administrative Law Judge filed by Attorney Bircher and to reject the exceptions filed on behalf of Mr. Reese by Mr. Herdman.  Discussion followed by Board Members and Mr. Bowen.

 

Mrs. Gallucci stated that  Mr. Reese has been working for two years since the incident and does not agree that dismissal is appropriate.

 

Mrs. Cook stated that she questioned the need for the last part of Mr. Todd’s motion, “to reject the exceptions filed on behalf of Mr. Reese by Mr. Herdman.”

 

Dr. Gessner called for the question.

 

1b.    The motion to accept the exceptions to the Recommended Order of the Administrative Law Judge filed by Attorney Bircher and to reject the exceptions filed on behalf of Mr. Reese by Mr. Herdman and adopt the Final Order was carried with a 4-3 vote, Mrs. Cook, Mrs. Gallucci, and Mrs. Lerner voting against.

 

The Board recessed at 3:20 p.m. and reconvened at  3:30 p.m.

 

2.                Mr. Benjamin stated there were over thirty speakers from the audience to speak about ESE unit relocation concerns and asked Dr. Hinesley to explain the process to be put in place to obtain input from the parents and staff. 

 

Dr. Hinesley stated that Ms. Jan Rouse, Assistant Superintendent for Middle School and Exceptional Education, is contacting principals to set up meetings in each school to gather input regarding the proposed relocation of ESE units.

 

 Mr. Benjamin stated no firm decision has been made and these meetings will give parents a chance to give their input. The following individuals addressed the Board during Presentations from the Audience: 

 

Rob McMahon – Distributed a Resolution passed by the Faculty Representative Council of the PCTA against the Florida Legislature creating a voucher program that allows private companies to give money for vouchers as a credit against their Florida corporate profits tax.  He stated the Resolution also designates Monday, April 1, as “We’re Not Fooling, Florida Power” day that encourages all school employees to conserve energy and encourages parents to minimize all electrical use for that day.  Mr. McMahon also distributed a written statement from Carolyn Smith, PESPA, requesting that no teacher or support professional lose their job and that there will be  no new-hires until all of the employees involved are redeployed.   Mrs. Gallucci clarified that teachers or support staff may be transferred but no one would lose their position.  Mrs. Lerner requested the Board discuss this Resolution at the workshop next week.

 

Mark Klutho – Addressed the Board regarding his concerns with Mildred Helms becoming a Title I school.  Mr. Kluthro also shared his displeasure regarding the wiring and lighting being put in schools and district buildings.  Discussion followed by Dr. Hinesley and Board Members.

 

Vyrle Davis – Addressed the Board as chairman of AAVREC and expressed his concern over student achievement information requested by this organization and the reimbursement cost associated with this request.  Ms. Adelle Jamison also addressed the Board regarding this same request for information.  Dr. Hinesley stated information is available but not in the form AAVREC has requested which would require additional programming.  He stated MIS is under time constraints with Choice and the manpower hours are not available to retrieve this information.  Mr. Bowen stated that if the Board waives the charge for one group, every group will follow with requests for the district to do the research and extract information in the format they request.  Discussion followed by the Board and Dr. Hinesley.  It was the consensus of the Board to bring this request to the next workshop.

 

Kimberly Pidgeon; Jan Williams; Dayna Nichols; Laurie Norris; Susan Turer; Cindy Schultz; Stacey Solar; Kim Kuruzovich; Linnea Paolillo; Terri Lee; Debra Gladfelter; Joyce Thacher; Donna McMann; Tara Jordan; Ruth Irwin; Jann Gullick; Brenda Lownsbury; Sue Niblick; Laurie Jackson; Michele Korhanid; Linda L. Rouisse; Jan Moak; Barbara Teetor; Carol A. Polk; Pam Bessey; Brenda Parsons – Addressed the Board regarding their objections to relocating ESE units in order to prepare for Choice. Discussion followed by Board Members and Dr. Hinesley.  Mr. Benjamin stated that Dr. Hinesley has agreed to delay any relocation of ESE students until all information is obtained from parents, teachers, and educators.  He stated meetings are being held at each school for parent input.  Mrs. Lerner requested that implementation be delayed until 2003-2004 at the same time the rest of the schools will be implementing Choice.  Dr. Hinesley stated this could be considered.  Discussion followed by Board Members and Dr. Hinesley.

 

3.      It was moved by Dr. Gessner, seconded by Mrs. Gallucci, and carried with a 7-0 vote to approve the Consent Agenda, as amended.

 

3a.    To approve the minutes of the Regular School Board Meeting of               February 26, 2002, as submitted.

 

3b.    Mrs. Lerner, having pulled this item, stated this is an excellent recommendation and requested that the Board put this on an agenda for workshop discussion.   There was consensus of the Board to discuss this at future workshop.  It was moved by Mrs. Lerner, seconded by Mr. Todd, and carried with a 7- 0 vote to approve the DMAC Recommendation in the Area of Resources.

 

3c.    Dr. Hinesley, having pulled the item under Personnel Actions, pg. 11, to transfer Mr. John H. Nicely from Principal, Tarpon Springs High, to Supervisor, Workforce Development, read prepared comments regarding Mr. John Nicely’s distinguished career with Pinellas County Schools and outlined his decision-making process and the rationale for his recommendation to transfer Mr. Nicely. 

 

Mr. Bowen stated Dr. Hinesley had asked him if this recommendation would have any impact on pending litigation, and he advised him that there is a case pending involving Countryside High and a transcript being sent to a college in order to benefit a student and that case is still pending.  Mr. Bowen stated that Attorney Tom Gonzalez was in the audience and is representing the Lambeth case in federal court; that Mr. Gonzalez reviewed all the facts in this case; and, that Mr. Bowen has asked Mr. Gonzalez to attend the meeting today to advise the Board of his opinion.  Mr. Gonzalez stated he didn’t believe there would be any choice in this matter other than to take the action recommended by the Superintendent.

 

Discussion followed by Board Members and Mr. Bowen.

 

The following individuals addressed the Board in support of Mr. Nicely remaining at Tarpon Springs High School:  Barry Banther; Kelly Havens; Don Elliott; Monica Carr; Kathy Bell; Maggie McDonald; Brittney Hamilton; Joe Merryman; Travis Visser; Martha Scoggins; Marilyn Hourdas; Patricia Linzie; Matt Jurgens; Don Davis; Jed Lehrer; Marjorie Piernick; Dr. Gloria Hope; Joan Mullins; Liz Smith; Claudia Birmingham; Suzanne Fuller; Ramona Bethke; Bill Berry; Rose Napoli; Leigh Parks; Jennifer Kon; Tom Tomedo; Wayne Armenta; Willie Matheney; Kyle Trager; Jared Cobb; Jacklyn Buck; Julia Babcock; Steve Musha; Marta Mulawa; Elaine Frederich; John Vinson; Taurean Mathis; Priscilla Adams; Joyce Adams; James Pratt; Barb Wenzel; Elaine Vinson; and, Kevin Ford. 

 

          Dr. Hinesley stated that Tarpon Spring High School has a unique and individualized discipline plan, and up to the point of changing the transcript of this student back and having two different records, the decision was o.k.; that the grades should not have been changed back; that in a letter to the Superintendent and the Board, Mr. Nicely accepted responsibility; and, that the debate is the degree of what happened and the consequences.  Dr. Hinesley thanked those in the audience for being here and said he will revisit his recommendation. 

 

Discussion followed by Board Members and Dr. Hinesley.

 

Board Members thanked those who addressed the Board on Mr. Nicely’s behalf and supported Dr. Hinesley’s decision to revisit his recommendation.  Mr. Benjamin complimented Dr. Hinesley on his willingness to reconsider his recommendation and stated that it appeared all Board Members encouraged the return of Mr. Nicely to Tarpon Springs High School.    Mr. Benjamin stated he did see a difference in this case and the case that was referenced earlier.

 

 Dr. Hinesley stated he heard the Board but was influenced more by those who spoke on Mr. Nicely’s behalf.  He stated once a decision is made, he will make the Board aware of the possible implications.  Dr. Hinesley withdrew his recommendation from the Personnel Actions, p. 11, to transfer Mr. John H. Nicely, Principal, Tarpon Springs High School, to Supervisor, Workforce Development.

 

It was moved by Dr. Gessner, seconded by Mr. Todd, and carried with a 7-0 vote to approve the remainder of the Personnel Actions as Recommended by the Superintendent.  (Pages 26 and 27 of the Personnel Actions were deleted at the beginning of the meeting.)   (Copy to be found in Supplemental Minute Book #97.)

 

The Board recessed at 8:55 p.m. and reconvened at  9:05 p.m.

 

3d.    To approve the Recommendation to Dismiss Ms. Jennifer R. Ashenfelter, Pending Placement Employee, Support Service Personnel Department. (Copy to be found in Supplemental Minute Book #97.)

 

3e.    Recommend Acceptance of Donation to PTEC, St. Petersburg, a 1997 Saturn, 1997 Pontiac Grand Am, and 1998 Pontiac Sun Fire,  from Clearwater & St. Petersburg Auto Dealers Associations

 

3f.     To approve the Affiliation Agreement With the University of South Florida, St. Petersburg and Campbell Park Elementary School. (Copy to be found in Supplemental Minute Book #97.)

 

3g.    To approve the Following Special Projects  (Copy/copies, as appropriate, to be found in Supplemental Minute Book #97.):

 

-        Amendment to Carl D. Perkins Vocational and Technical Project:  $150,886

-        Amendment to Education of Homeless Children and Youth Project:  $80,414

-        Amendment to Agreement with St. Petersburg College (SPC) for the Computer Programming and Networking Systems Program:  $60,747

-        Project CHIPS:  $19,968

-                     Science Literacy-Home Project:  $10,000

-                      

3h.    To approve the Budget Amendment No. 5 (January 2002) to the District’s 2001/2002 Budget.

 

3i.      To approve the Financial Statements for Month Ending January 31, 2002 for Fiscal Year 2001-2002.

 

3j.      To approve the Petty Cash Fund for Love of Learning Charter School in an Amount not to Exceed $1000.

 

3k.     To approve the Internal Audit Reports for Post-Secondary (Pinellas Technical Education Centers, Vocational Schools and Workforce Development Department), High, Middle, and Elementary Schools, and Multi-Grade Level Centers for Fiscal Year Ended June 30, 2001.

 

3l.      To approve the Acceptance of Draft Audit Report of Financial Statements for Fiscal Year Ended June 30, 2001 prepared by Cherry, Bekaert & Holland, L.L.P.

 

3m.   To approve the Agreement With Bandes Construction Company, Inc., for Construction Management Services in Connection With Construction, Remodeling and Renovations at Largo Central Elementary School in the Amount of $245,300. (Copy to be found in Supplemental Minute Book #97.)

 

3n.    To approve the Agreement With Architect Larry LaDelfa to Provide Design and Construction Contract Administration for the Renovation of Eighteen (13) Restrooms in Buildings 1, 2, 3, 4, 6 and 9 at Pinellas Park Middle School in the Amount of $43,750. (Copy to be found in Supplemental Minute Book #97.)

 

3o.    To approve Amendment No. 1 to Agreement With Bandes Construction Company, Inc. for a Partial Guaranteed Maximum Price (GMP) in Connection With HVAC Remodeling and Renovations at Largo Central Elementary in the Amount of $1,693,140. (Copy to be found in Supplemental Minute Book #97.)

 

3p.    To approve Amendment No. 3 to Agreement With Lincoln Construction, Inc. for the Addition of $1,100,212, Resulting in a Final Guaranteed Maximum Price (GMP) of $4,700,212 in Connection with new Construction, HVAC Remodeling and Renovations at Cypress Woods Elementary School. (Copy to be found in Supplemental Minute Book #97.)

 

3q.    To approve Amendment No. 2 to Agreement With Harvard, Jolly, Clees, Toppe Architects, Inc. for Additional Fees for Design of Off-Site Civil Engineering Services at the new Meadowlawn Middle School. Total fees for these additional services are $103,500. (Copy to be found in Supplemental Minute Book #97.)

 

3r.     To approve Change Order No. 3 for Remodeling and HVAC Renovations at Lakewood High School.  This Change Order will decrease the Guaranteed Maximum Price (GMP) by $810,654 with no time extension. (Copy to be found in Supplemental Minute Book #97.)

 

3s.    To approve the Agreement With Everett S. Rice, as Sheriff of Pinellas County, Florida and Pinellas County to Provide Augmented Crime Investigative Support System (ACISS) and Property and Evidence Services. (Copy to be found in Supplemental Minute Book #97.)

 

3t.     To approve the Augmented Crime Investigative Support System (ACISS) User Agreement With Everett S. Rice, as Sheriff of Pinellas County. (Copy to be found in Supplemental Minute Book #97.)

 

3u.    To approve the Reimbursement of Isolated Transportation for B.F. for the 2001/2002 School Year.

 

3v.     To approve the Disposition of Surplus Property.

 

3w.    To approve the Bids to Vendors at Prices in Bid Documents in Accordance with Bid Policies and Statutes. (Copy to be found in Supplemental Minute Book #97.)

 

4.      It was moved by Dr. Gessner and seconded by Mr. Todd to approve the following agenda items:

         

·   Eligibility to Participate in Extracurricular Activities Guidelines for the Choice Plan;

·   Diversity Transfer Guidelines for the Choice Plan;

·   Appeals Process for the Choice Plan; and,

·   Special Attendance Permit Guidelines for the Choice Plan.

 

Board Members agreed to delay their discussion and action on these items.

 

4a.    It was moved by Dr. Gessner, seconded by Mr. Todd, and carried with a 7-0 vote to table these items for further discussion by the Board and staff.

 

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

 

·   Stated Mr. Jim Miller is working with the county to put the lease together for the alternative high school and the liability implications, if any, will be reviewed.   Discussion followed by Board Members.

 

·   Stated Friday Update will contain the 1994 survey regarding the sibling policy for the magnet program.

 

·   Congratulated Palm Harbor University High for winning the state boys soccer tournament and Lakewood High for winning the state basketball tournament.

 

·   Stated Dr. Stewart, at his request, went to Riviera Middle School to see what needed to be done and found many of the complaints regarding the school were already being addressed.  The principal has been advised to send in work orders when work needs to be done.  Mr. Benjamin congratulated Riviera Middle for being the quiz bowl champion.

 

6.      Mr. Bowen had no report.

    

7.      Reports from School Board Members were as follows:

 

Schools Visited or Functions Attended by Board Members

 

Riviera Middle; SPIFFS – Bayfront Center; State Basketball Tournament in Lakeland; Police Athletic League; First United Methodist Preschool Meeting (Mrs. Bostock-speaker); Cable in the Classroom Awards Ceremony; Community Alliance; Northeast High; R’Club Board Meeting; Meeting With District Director of Department of Environmental Protection – Debra Getzoff; Pinellas Planning Council Meeting.

 

 

 

Concerns Expressed, Written or Oral

 

Mrs. Cook – Questioned when the workshop will begin since there are so many items scheduled.  Dr. Hinesley stated an agenda has already been prepared and those items added on by the Board should not take much time.

 

Mr. Benjamin – Questioned if anything is being done by the district with the “Silence Hurts” campaign.  Dr. Stone stated teams were sent to Orlando for a kickoff conference for this campaign and students brought back the information to the schools.  Since that time, another program, “Not at my School,” materials have been provided to principals, and this appears to have better program materials and a more comprehensive program.  Dr. Stone stated the schools have the choice which program they will use.  He also stated there is another kickoff next month for the “Silence Hurts” campaign and schools are invited to participate.  Stated the St. Petersburg International Folk Fair was well attended and every country from around the world was represented.  He also stated the district’s middle school students were highly complimented at this event.

 

Dr. Gessner -  Referenced an article in the newspaper that indicated the Turtle Club property might be available and could possibly be a potential backup plan for the alternative high school site.  Mr. Todd stated the ZERO site is ready to build on, and the Turtle Club is appealing the decision to close them down.

 

8.      Mr. Johansen offered the following summary of directives given to the Superintendent for follow up:

 

·    Review Vyrle Davis’ request for information regarding student progress and how AAVREC may obtain this information.

 

9.      There being no further business to be brought before the Board, this meeting adjourned at  9:46 p.m.

 

 

 

 

______________________       _____________________

    Chairman                                      Secretary

 

 

/mgc(12Mar02)