THE SCHOOL BOARD OF VOLUSIA COUNTY, FLORIDA MINUTES - REGULAR SESSION JULY 28, 2009
Call to Order, Pledge and District Vision Statement The regular meeting of the School Board of Volusia County, Florida was called to order by Chairman Diane Smith at 4:00 p.m. Tuesday, July 28, 2009, at the DeLand Administrative Complex, 200 North Clara Avenue, DeLand, Florida, and opened with the Pledge of Allegiance to the Flag. Dr. Williams commented on the importance of public education and encouraged vigilance from everyone to keep public education strong during these tough economic times. Present: Dr. Margaret A. Smith, superintendent; Mr. Ted Doran, school board attorney; and the following board members: Mrs. Diane Smith, District 5, Chairman Ms. Candace Lankford, District 1, Vice Chairman Ms. Judy Conte, District 4 Mr. Stan Schmidt, District 3 Dr. Al Williams, District 2 (via phone) Minutes Action: Approval of June 23, 2009 Regular Session; June 23, 2009 Workshop Session; and June 25, 2009 Special Session School Board Meeting minutes. Motion: Moved by Mr. Schmidt, seconded by Ms. Conte and carried unanimously. Approval of the Volusia County School Board Leasing Corporation Minutes Chairman Smith recessed the Regular Meeting of the Volusia County School Board and convened a meeting of the Volusia County School Board Leasing Corporation for the purpose of approving the minutes. Action: Approval of June 23, 2009, Leasing Corporation Meeting minutes. Motion: Moved by Ms. Lankford, seconded by Mr. Schmidt and carried unanimously. Chairman Smith adjourned the meeting of the Volusia County School Board Leasing Corporation and reconvened the Regular Meeting of the Volusia County School Board. Agenda Changes 1. Deleted Consent Agenda Item 2-i-1-e Office of Chief Counsel, The superintendent recommends approval to renew the consulting contract with Holland & Knight LLPrepresentation in complex land use matters with other governmental entities. This item was deleted for further study and review. 2. Deleted Agenda Item 9 Administrative Appointments; there were none. 3. Switched the order of Agenda Item 17 Approval of Resolution 09-17 Levying the Tentative Millage Rates for FY 2009-2010 and Agenda Item 18 Approval of Resolution 09-18 Levying the Tentative Ad Valorem Property Tax Millage Rate for Critical Needs for FY2009-2010. Per Florida Statute the Resolution for Critical Needs must be approved before the Resolution levying the Tentative Millage Rate. The chairman found the changes were made for good cause. Public Participation for Approval Items Andrew Spar, president of the Volusia Teachers Organization, suggested discussing the evaluation and assessment process. Agenda and Consent Items Action: Approval of the school board agenda in its entirety as well as all proposed actions within the consent agenda, as follows. Motion: Moved by Ms. Lankford, seconded by Mr. Schmidt and carried unanimously.
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Curriculum and School Improvement Services 1. Provider agreement with Early Learning Coalition of Flagler and Volusia Counties, recorded as Supplemental Minute Book (SMB) No.4583. The agreement outlines the responsibilities of Volusia County Schools providing Voluntary Prekindergarten (VPK) during the 2009-2010 school year and summer 2010. 2. Contract with Crisis Prevention Institute, Inc. who provides updated training for Volusia County Schools’ employees so they may retain their certification as Crisis Prevention trainers, recorded as SMB No. 4584. The expense, not to exceed $20,000.00, will be paid from Individuals with Disabilities Education Act (IDEA) funds. 3. Annual Inter-Institutional Articulation Agreement with Daytona State College for 20092010, recorded as SMB No. 4585. 4. Contract for basic school health services with the Volusia County Health Department for the period of July 1, 2009 through June 30, 2010, recorded as SMB No. 4586. 5. Contract for full service schools project with the Volusia County Health Department for the period of July 1, 2009 through June 30, 2010, recorded as SMB No. 4587. 6. Interagency Agreement for School Health Services with the Volusia County Health Department for the period July 1, 2009 through June 30, 2010, recorded as SMB No. 4588. 7. Memorandum of Agreement with Volusia County Health Department for the purpose of providing and administering the Hepatitis B vaccination series to identified Volusia County Schools employees for the period July 1, 2009 through June 30, 2010, recorded as SMB No. 4589. 8. Field Trip Requests (fundraising expenditure-no cost to the district): a. Atlantic High for thirteen performing arts student to Chicago, Illinois, March 25-28, 2010. b. Silver Sands Middle for ninety eighth grade students to Washington, D.C. and Lancaster County, Pennsylvania, December 15-19, 2009. c. Deltona High for four JROTC students to Dahlonega, Georgia, July 21-24, 2009 to attend leadership camp at North Georgia College and State University Military Department. Programs/Grants Development Services 1. Submission to the Florida Department of Education (FLDOE) a grant application for the No Child Left Behind Act Title I, Part A-Improving the Academic Achievement of the Disadvantaged for the 2009-2010 school year in the amount of $20,310,427.00 and Title I, Part A – American Recovery and Reinvestment Act (ARRA) Funds for the 2009-2011 school years in the amount of $14,622,197.00 for a total amount of $34,932,624.00 and authorized necessary budget amendments. 2. Submission to the FLDOE a grant application for the No Child Left Behind Act Title II, Part A – Preparing, Training and Recruiting High Quality Teachers for the 2009-2010 school year in the total amount of $3,429,056.00 and authorized necessary budget amendments. 3. Submission to the FLDOE a grant application for the No Child Left Behind Act Title I, Part D, – Local Programs for Neglected and Delinquent Youth for the 2009-2010 school year in the amount of $411,107.00 and Title I, Part D – ARRA funds for the 2009-2011 school years in the amount of $283,353.00 for the total amount of $694,460.00 and authorized necessary budget amendments. 4. Submission to the FLDOE a grant application for the Enhancing Education Through Technology (EETT) Part 1 grant program for the 2009-2010 school year in the amount of $185,730.81 and EETT, Part A – ARRA Funds for the 2009-2011 school years in the amount of $451,414.64 for the total amount of $637,145.45 and authorized necessary budget amendments. 5. Submission to the Florida Department of Education a grant application for the Title III, Part A: English Language Acquisition, Language Enhancement, and Academic
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Achievement Grant for the 2009-2010 school year in the total amount of $395,409.65 and authorized necessary budget amendments. Submission to the Florida Department of Education (FLDOE) a grant application for the No Child Left Behind Act Title I, Part C: Migrant Project for the 2009-2010 school year in the total amount of $293,254.00 and authorized necessary budget amendments. Submission to the FLDOE a grant application for the Education of Homeless Children and Youth Program – ARRA Funds for the 2009-2010 school year in the total amount of $102,613.00 and authorized necessary budget amendments. Project 10 Transition Sub-Contracts from the Project 10 Transition Education Network, University of South Florida, to support salary, benefits and travel for a curriculum design specialist for the competitive employment transition programs for August 2009 and the 2009-2010 school year in the total amount of $110,440.00 and authorized necessary budget amendments. Contract with A+ Tutoring, Inc., 617 S. Yonge Street, Ormond Beach, Florida whereby A+ Tutoring will provide tutoring services to non-public school students for the 2009-2010 school year in an amount not to exceed $200,000.00, recorded as SMB No. 4590.
Human Resources The following as recorded in the Supplemental Minute Book for Personnel. 1. Listed instructional, support and managerial/non-bargaining personnel appointments, transfers, leaves of absence, resignations and separations. All vacant positions outside of the classroom and not directly related to student health and safety are subject to intensive review prior to being filled. 2. Appointment of the listed summer school personnel. 3. Reappointment of the listed annual contract teachers. 4. Reappointment of the listed annual contract Volusia Educational Support Association (VESA) personnel. 5. Reappointment of the listed annual contract American Federation of State, County and Municipal Employees (AFSCME) personnel. Facilities Services 1. Resolution 09-20 which supports a countywide effort to submit hazard mitigation projects to the Federal Emergency Management Agency (FEMA) for grant funding. 2. Amendment No. 2 to the Guaranteed Maximum Price for physical education buildings at three various schools, district-wide as submitted by P.W. Hearn, Inc., Cocoa, Florida, (Group 942 Architecture), (June 23, 2009 board meeting), (LCIF), recorded as SMB No. 4591. The amendment provides for a physical education building at Pine Ridge High. 3. Agreements with the following firms to provide professional services for various projects that occur over a one year period, recorded as SMB No. 4592. This procedure is in accordance with School Board Policy No. 602. a. DDC Engineering, Inc., Rockledge, Florida, for mechanical engineering services; b. Gale Associates, Inc., Altamonte Springs, Florida, for roof renovation/design services; and c. Klima Weeks, Inc., Altamonte Springs, Florida, for civil engineering services. 4. Declared an emergency for the spalling concrete repair at Seabreeze High, Daytona Beach, Florida, in accordance with State Requirements for Educational Facilities, Section 4.1(4). 5. Establishment of the project for replacement of north wall in media center at Seabreeze High, Daytona Beach, Florida. The estimated cost for this project is $40,000, (LCIF). 6. Certificate of Qualification, in accordance with the Consultants’ Competitive Negotiation Act, for Burgess & Niple, Inc., Orlando, Florida, to provide civil engineering and traffic engineering services. 7. Renewal of the following Certificates of Qualification, in accordance with the Consultants’ Competitive Negotiation Act:
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a. Air Balance Unlimited, Inc., Altamonte Springs, Florida, to provide test and balance engineering services; b. BRPH Architects-Engineers, Inc., Melbourne, Florida, to provide mechanical, civil, electrical, structural engineering and architectural services; c. CPH Engineers, Inc., Orlando, Florida, to provide structural engineering, civil engineering, environmental engineering, architectural and land surveying services; d. Simes & Rosch, LLC, Jacksonville, Florida, to provide mechanical and electrical engineering services; e. TLC-Engineering for Architecture, Cocoa, Florida, to provide structural, mechanical and electrical engineering services; and f. WBQ Design and Engineering, Inc., Orlando, Florida, to provide civil engineering services. 8. Renewal of the following Certificates of Prequalification, in accordance with School Board Policy No. 604: a. A.M. Weigel Construction, Inc., Daytona Beach, Florida, for general construction projects; b. Ajax Building Corporation, Clermont, Florida, for general construction projects; c. Bel-Mac Roofing, Inc., Rockledge, Florida, for roofing projects; d. Clancy & Theys Construction Company, Orlando, Florida, for general construction projects; e. Coastal Mechanical Services, Melbourne, Florida, for mechanical projects; f. Collis Roofing, Inc., Longwood, Florida, for roofing projects; g. Henzel Phelps Construction Company, Orlando, Florida, for general construction projects; h. James A. Cummings, Inc., Orlando, Florida, for general construction projects; i. Marbek Construction Company, Clermont, Florida, for general construction projects; j. R.F. Lusa & Sons Sheetmetal, Inc., Lakeland, Florida, for roofing projects; k. Santa Cruz Construction, Inc., Merritt Island, Florida, for general construction projects; l. The Watauga Company, Titusville, Florida, for general construction projects; m. Welbro Building Corporation, Maitland, Florida, for general construction projects; and n. Wharton-Smith, Inc., Sanford, Florida, for general construction projects. 9. Final construction documents (phase III) drawings and specifications for the following construction projects: a. P.E. field building at Atlantic High, Port Orange, Florida, (Facilities Design), (LCIF). Current construction cost estimate is $391,000 and funding is part of construction management project; and b. Central data fire suppression at Central Administration Building, DeLand, Florida, (Parker Stephens, Inc.), (LCIF). Current construction cost estimate is $300,000 and available funds are $330,000. 10. Acknowledged the following administratively approved Change Orders, in accordance with School Board Policy No. 608: a. Change Order Number 1 (add) to the construction contract for new covered walkways at Deltona Middle, Deltona, Florida, (Group 942 Architecture), (LCIF fund balance), administratively approved July 14, 2009; b. Change Order Number 1 (add) to the construction contract for window replacement at Edgewater Public, Edgewater, Florida, (Daimwood Derryberry Pavelchak Architects), (LCIF fund balance), administratively approved June 25, 2009; c. Change Order Number 4 (deduct) to the construction contract for 11 classroom addition at Indian River Elementary, Edgewater, Florida, (Daimwood Derryberry Pavelchak Architects), (classroom for kids fund balance), administratively approved July 14, 2009; d. Change Order Number 5 (add) to the construction contract for HVAC renovation, buildings 1,7,8&9 at Orange City Elementary, Orange City, Florida, (Parker Stephens, Inc.), (LCIF fund balance), administratively approved July 15, 2009;
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e. Change Order Number 1 (add) to the construction contract for sidewalk and courtyard renovation at Pine Ridge High, Deltona, Florida, (CPH Engineers), (LCIF fund balance), which was administratively approved June 25, 2009; f. Change Order Number 1 (add) to the construction contract for restroom renovations at Turie T. Small Elementary, Daytona Beach, Florida, (Facilities Design), (LCIF fund balance), which was administratively approved June 18, 2009, in accordance with School Board Policy No. 608; and g. Change Order Number 1 (add) to the construction contract for ESE restroom renovation at Woodward Avenue Elementary, DeLand, Florida, (Group 942 Architecture), (LCIF fund balance), which was administratively approved July 15, 2009. 11. The following Change Orders: a. Change Order Number 3 (add) to the construction contract for new construction at Elementary School “Z”, DeLand, Florida, (Hawkins, Hall & Ogle Architects), (sales tax fund balance); b. Change Order Number 3 (deduct) to the construction contract for 9 classroom addition at Forest Lake Elementary, Deltona, Florida, (Hawkins, Hall & Ogle Architects), (classroom for kids fund balance); c. Change Order Number 35 (add) to the construction contract for new construction at High School “DDD”, Orange City, Florida, (Schenkel Shultz Architecture), (COPS fund balance); d. Change Order Number 1 (deduct) to the construction contract for fire alarm/intercom replacement at Holly Hill Elementary, Holly Hill, Florida, (KLG, LLC), (LCIF fund balance); e. Change Order Number 2 (add) to the construction contract for fire alarm/intercom replacement at Holly Hill Elementary, Holly Hill, Florida, (KLG, LLC), (LCIF fund balance); and f. Change Order Number 3 (add) to the construction contract for campus-wide HVAC at Timbercrest Elementary, Deltona, Florida, (Parker Stephens, Inc.), (LCIF fund balance). 12. The Certificates of Substantial Completion for the following construction projects: a. Pavilion (60’x60’) at Cypress Creek Elementary, Port Orange, Florida, (Facilities Design), (sales tax); b. Twelve classroom addition at DeBary Elementary, DeBary, Florida, (Daimwood Derryberry Pavelchak Architects), (classroom for kids); c. Pavilion (60’x60’) at Edgewater Public, Edgewater, Florida, (Facilities Design), (sales tax); d. Eleven classroom addition at Indian River Elementary, Edgewater, Florida, (Daimwood Derryberry Pavelchak Architects), (classroom for kids); e. Pavilion (60’x60’) at Manatee Cove Elementary, Orange City, Florida, (Facilities Design), (sales tax); f. Exhaust fan modifications at Pine Ridge High, Deltona, Florida, (Sabiston Engineering Group), (LCIF); g. Nine classroom addition at Sweetwater Elementary, Port Orange, Florida, (Hawkins, Hall & Ogle Architects), (classroom for kids); and h. Pavilion (60’x60’) at Volusia Pines Elementary, Lake Helen, Florida, (Facilities Design), (sales tax). 13. Certificate of Final Inspection for HVAC upgrade at Silver Sands Middle, Port Orange, Florida, (GRAF-USA, Inc.), (LCIF). Management Information Services 1. Acquisition from Advanced Business Technologies an OnLine Free and Reduced Lunch form application, recorded as SMB No. 4593. This system will be acquired from School Way Café funds in the amount of $18,900.00.
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2. Renewal of the existing agreement with Blackboard Inc. for online training authoring software. This system has been used by Staff Development for many years to support their on-line delivery. This is a renewal of a general fund expense in the amount of $60,600.00. 3. Renewal of the existing Student Systems software maintenance agreement with CrossPointe, LLC effective August 1, 2009 thru July 31, 2010, recorded as SMB No. 4594. This is a renewal of a general fund expense in the amount of $171,800.00. Administrative Services The following bids as recorded in the SMB for Bids: 1. Piggyback: Bid No. SDIRC 2009-20, Healthy Beverage Products & Services, for School Way Café. 2. Bid No. SWC-977GH, Frozen Specialty Products, for School Way Café. 3. Bid No. SWC-979GH, Milk & Dairy Products, for School Way Café. 4. Bid No. CL-978GH, Office Supplies % Discount, for district-wide use. 5. Bid No. TR-001KP, Purchased Uniforms - Transportation, for Transportation Services. 6. Bid No. E-002KP, I T Hardware & Software % Discount, for Management Information Services. 7. Bid No. S-003KP, Printer Repair Services, for Management Information Services. Office of the Superintendent – Donations Listed by donation amount, purpose of donation, and donor: Atlantic High $1,000.00, Football Program, Picture This Painting, Daytona Beach, FL $1,050.00, Staff Breakfast, Grande Games Vending Co., South Daytona, FL Deltona High $1,163.66, Marching Band Program, TCJ Enterprises, Winter Springs, FL Longstreet Elementary $2,243.65, Classroom Supplies, Adopt a Classroom, Ponce Inlet, FL Manatee Cove Elementary $550.00, 5th Grade Awards, Sorosis Club of Orange City, Orange City, FL $700.00, 5th Grade Awards, Patricia Abbitt, Gainesville, FL Pathways Elementary $1,396.43, Laminator, Pathways Elementary PTA, Ormond Beach, FL $8,000.00, 2009-10 Copy Center Costs, Pathways Elementary PTA, Ormond Beach, FL $589.58, Teacher Planning Days, Pathways Elementary PTA, Ormond Beach, FL $500.00, Art Department Supplies, Aaron's Lease & Purchase, Kennesaw, GA Seabreeze High $3,000.00, Joe Nelson Memorial Scholarship Fund; Football & Basketball Programs, Seabreeze Class of 1971 South Daytona Elementary $600.00, 5th Grade Luncheon, South Daytona Elem. PTA, South Daytona, FL $500.00, Drama Club, South Daytona Elem. PTA, South Daytona, FL $511.88, Substitute Teacher Fund, Heidi Stephens, Port Orange, FL Starke Elementary $1,344.06, Multi-VE Program, Knights of Columbus, Jacksonville, FL Office of the Chief Counsel for Labor Relations, Contract Services & Policy Development 1. Renewal of consulting contracts with the following law firms, recorded as SMB No. 4595: a. Booker & Associates, P.A.-representation in real estate matters. b. Broad and Cassel-representation in eminent domain and related real property matters. c. Dow Lohnes, PLLC-representation in Federal Communications Commission matters. d. Gray Robinson-representation in complex construction matters.
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e. Landis, Graham, French, P.A.-representation in real estate matters. f. Lowndes, Drosdick, Doster, Kantor & Reed, P.A.-representation in complex construction matters. g. Smith, Hood, Perkins, et. al.-representation in workers’ compensation issues and other personnel matters. h. Smith & Schoder - representation in liability and workers’ compensation matters. i. Andrew B. Thomas, P.A.-representation in complex special education matters. j. Thompson, Sizemore & Gonzalez-representation in personnel matters. Superintendent’s Announcements Back to School Meeting with Dr. Smith: August 6, 8:00 a.m., Mainland High Auditorium. New Teacher Breakfast: August 17, 8:00 a.m., Atlantic High Cafeteria. Teachers Report: August 18 Prize Patrol: August 18, 8:00 a.m. 1st Day of School for Students: August 24. Next School Board Meeting: August 11, 4:00 p.m., DAC-Board Room.
Superintendent’s Presentations Dr. Margaret A. Smith, superintendent, shared the following points regarding the financial status of the school district: In order to maintain a quality educational program for students the school board and district administration have been working diligently to reduce expenditures. In preparing the 2009-2010 budget greatly reduced revenues, for both the general operating and capital budgets, had to be addressed as a result of the State and County economic crisis. The district’s priority funding has been, and continues to be, targeted to students and instructional programs, classrooms, and schools. Significant reductions in administration have occurred in administrative positions, both at the district and school-based level, as well as the non-salary budgets of all district departments. There have also been reductions in many support staff positions. Every effort has been made to maintain teaching positions through the use of the federal stabilization and stimulus funds. Dr. Smith was happy to report all tenured and annual contract teachers (recommended to be retained) kept their jobs. In addition, attention to many deficiencies has been underway, such as energy conservation that has resulted in large cost savings to the district. It would not have been possible to balance the budget, even with all the staff and program cuts that have been implemented, without the federal stabilization and stimulus dollars and without the additional .25 optional millage for critical needs. The additional millage increase has been difficult and complex, but without these additional revenue resources our instructional programs would be seriously, and negatively, impacted. Non-recurring revenue is very prevalent in this budget because federal stabilization and stimulus funds are available for only two years and the second year is not an absolute. Much of the State funds came from special trust funds that are becoming depleted. The reality is that the legislature has not yet addressed and determined how to replace these funds for future years when the non-recurring revenues at the federal and state level are no longer present. It is imperative for us to continue to be fiscally conservative and to build and maintain all possible reserve funds for future years to prepare for the financial unknowns that are certain to come our way. In a recent communication from Florida Commissioner of Education, Dr. Eric Smith, he stated, “our recent experience should provide you (superintendents) with good cause to exercise caution and maintain appropriate reserve balances to address unforeseen contingencies.” Dr. Smith stated the district has focused on building our fund balance reserve in conjunction with the new school board policy to maintain a minimum 3% balance and with the goal of reaching the 5% balance. Board discussion ensued.
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School Board Policies Mr. Richard Kizma, chief counsel for labor relations, contract services and policy development, reviewed the lengthy policy review process that includes dissemination to principals, school advisory council presidents, district advisory council members, employee organization leaders, teacher advisory council members, and school board members for comments which are then reviewed and refined by the superintendent’s cabinet members before presenting to the board for approval to advertise. Mr. Kizma presented information regarding the advertisement of the following School Board Policies. Board discussion ensued throughout the presentations. 203-Attendance Areas for Students: joined by Ms. Saralee Morrissey, director for site acquisition and intergovernmental coordination, Mr. Kizma stated due to concurrency, capacity and class-size issues the district is limited regarding variances and provided an overview of policy changes. Mr. Kizma noted the proposed title change to “Student Attendance Variances” and stated policy language was strengthened. Ms. Morrissey shared information regarding establishment of a variance application deadline; variances for the upcoming year are to be submitted between December 1 and June 1. Per 1006.21, Florida Statutes, the district is required to transport students attending their zoned school outside of the two mile walk zone. Action: Approval to advertise amendments to School Board Policy 203-Attendance Areas for Students, which is included in the district’s Policy and Procedure Manual. Motion: Moved by Ms. Conte, seconded by Mr. Schmidt and carried unanimously. 206-Student Attendance Policy: joined by Dr. Chris Colwell, deputy superintendent for instructional services, Mr. Kizma noted since the board’s last discussion the following amendment was added to Section I.E.: “Where a student is absent for the observance of an established religious holiday or for religious instruction and the school has been so notified in accordance with the terms of this policy, such absence shall not disqualify the student from qualifying for an attendance recognition given by the school.” Mr. Kizma stated 1003.02 Florida Statutes gives the school board discretion to include in this policy clauses that allow for tardies and/or early checkouts to accumulate and as a result be considered absences; this may also impact the student’s conduct or effort grade. Dr. Colwell stated that language was also added regarding students in grades 9-12 who are absent more than nine days in a semester and does not have an overall grade of “C” may not be awarded course credit until the student demonstrates proficiency. Action: Approval to advertise amendments to School Board Policy 206-Student Attendance Policy, which is included in the district’s Policy and Procedure Manual. Motion: Moved by Dr. Williams, seconded by Ms. Lankford and carried unanimously. 305-Physical Education: joined by Dr. Chris Colwell, deputy superintendent for instructional services, Mr. Kizma stated the policy was brought before the board previously with a request to advertise and pursuant to the board’s discussion two items have been revised: language allowing the loss of recess as a punishment has been deleted and language regarding waiving participation, per Florida Statute, has been added. Chairman Smith commended Mr. Bill Poniatowski, K-12 driver’s education, health and physical education specialist, for his comments in a recent newspaper article. Action: Approval to advertise proposed School Board Policy 305-Physical Education, which will be included in the district’s Policy and Procedure Manual. Motion: Moved by Ms. Conte, seconded by Ms. Lankford and carried unanimously. 307-Student Progression Plan: joined by Dr. Chris Colwell, deputy superintendent for instructional services, Mr. Kizma noted most of the revisions were language clarifications. Mr. Kizma stated the basis for the request for the emergency adoption was to ensure that prior to returning to school a policy is in place that will be consistently applied throughout the year as to how a student progresses from level to level and grade to grade and the
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expectations placed upon the students do not change anytime mid-year in regard to the Student Progression Plan. Dr. Colwell reviewed changes to the “I” designation; middle school honor roll requirements were tightened and aligned with high school requirements; and the honors diploma was deleted and a new State of Florida’s Accelerated College Credit Designation Diploma was added (Superintendent’s Diploma of Distinction will remain available). Mr. Kizma stated language regarding the Paths for students with disabilities was deleted. Action: Approval of emergency, temporary adoption and approval to advertise amendments to School Board Policy 307-Student Progression Plan, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4596. This emergency adoption will expire on October 28, 2009. Motion: Moved by Mr. Schmidt, seconded by Ms. Lankford and carried unanimously. Public Hearing for School Board Policies: 204-Admissions Requirements for Students; 209Education of Homeless Students; 320-Media Selection of Print and Non-Print Materials; 321Instructional Materials; 508-Grievance Procedure; 509-Prohibition of Harassment; 702Purchasing Policy; 704-School Fees and Donations; and 715-Investment Policy No one came forward to address the board. Tentative FY2009-2010 Operating Budget and Tentative District Tax Levy Dr. Robert Moll, deputy superintendent for financial and business services, thanked Ms. Stephanie Weaver, budget director, and staff for their work and provided an overview of the Fiscal Year (FY)2009-10 budget. Items addressed included: budget calendar; definition of a mill; .25 mill levy information – the board approved the .25 mill levy for the general operating budget on June 23, 2009; tax increase over rolled-back rate – proposed rate of 7.805 is 12.98% lower than the rolled back rate of 8.9694 mills; millage levy comparison; FY10 property tax calculation based on 7.805 mills – a homesteaded property valued at $127,180 would be taxed $798 which includes the .25 critical needs millage increase of $26; FY10 operating budget taxing authority – non-discretionary totals $169,274,425 and board authority totals $31,832,650; FY10 budget highlights – American Recovery and Reinvestment Act (ARRA) fund total $36 million; district summary budget – FY09 adopted was $1,081,127,556 and FY20 tentative is $992,064,322; district summary budget graphs; review of budget development since May 15, 2009; general operating budget revenue and appropriations; general operating appropriation summary – FY10 tentative total appropriations is $429,880,742; FY10 appropriations by function graphs; FY10 appropriations by object; ARRA stabilization funds; budget concerns through FY10 – preparation for class-size amendment compliance in FY11, continuation of ARRA funds; continuation of .25 mill Critical Needs tax levy; student membership and economic conditions. Dr. Moll stated ARRA funds played a critical role in this year’s budget and were used to fund 321 teacher positions; no new construction projects are planned for this year or next. Board discussion ensued. Public Hearing for Tentative FY2009-2010 Operating Budget and Proposed District Tax Levy to comply with Section 200.065(2)(f)1, F.S. each taxing authority shall hold the public hearing on the tentative budget and proposed millage rate No one came forward to address the board. The chairman recessed the meeting for a short break; the meeting resumed at 6:35 p.m. With consensus of the board Chairman Smith moved agenda items 25 and 26 to follow the budget items to accommodate Dr. Williams who was participating in the meeting by phone. Public Participation Doris Juhl stated the children need prayer and God’s Word in the curriculum. Marvin Miller requested no increase in the millage rate and shared proposed suggestions to reduce the payroll of non-teaching positions.
Minutes The School Board of Volusia County, Florida July 28, 2009 – Regular Session
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Resolution Levying the Tentative Ad Valorem Property Tax Millage Rate for Critical Needs for FY2009-2010 Dr. Robert Moll, deputy superintendent for financial and business services, read Resolution No. 09-18 of the School Board of Volusia County, Florida, levying the tentative ad valorem property tax millage rate of .250 mills for critical capital outlay needs or critical operating needs on all taxable property within Volusia County, Florida, for the fiscal year beginning July 1, 2009, and ending June 30, 2010. Action: Approval of Resolution No. 09-18, recorded in the SMB for Resolutions. Motion: Moved by Ms. Lankford, seconded by Ms. Conte and carried unanimously (5/0). Resolution Levying the Tentative Millage Rates for FY2009-2010 Dr. Robert Moll, deputy superintendent for financial and business services, read Resolution No. 09-17 of the School Board of Volusia County, Florida, levying the tentative ad-valorem property tax millage rate of 7.805 mills for FY2009-2010 required local effort, required local effort-prior period adjustment, discretionary operating, additional operating for the General Fund and district discretionary local capital improvement for the Capital Funds, and Debt Service for the district Debt Service Funds on all taxable property within Volusia County, Florida, for the fiscal year beginning July 1, 2009 and ending June 30, 2010 Action: Approval of Resolution No. 09-17, recorded in the SMB for Resolutions. Motion: Moved by Dr. Williams, seconded by Mr. Schmidt and carried unanimously (5/0). Resolution Adopting the Tentative Volusia County Schools’ Annual Budget for FY2009-2010 Dr. Robert Moll, deputy superintendent for financial and business services, read Resolution No. 09-19 of the School Board of Volusia County, Florida, adopting the tentative budget of $992,064,322.00 for the fiscal year 2009-2010 for the General Fund, Capital Projects Fund, Debt Service Fund, Special Revenue Fund-Food Service Fund, Special Revenue FundOther Fund, Special Revenue –State Fiscal Stabilization Fund, Special Revenue-Targeted American Recovery and Reinvestment Act (ARRA) Stimulus Fund, Special Revenue-other ARRA Stimulus Grants, and Internal Service Fund Action: Approval of Resolution No. 09-19, recorded in the SMB for Resolutions. Motion: Moved by Ms. Conte, seconded by Ms. Lankford and carried unanimously (5/0). School Board Attorney Contract Mr. Rich Kizma, chief counsel, stated per school board policy each July the board is to make a determination regarding a school board attorney. The proposed agreement, scheduled to expire June 20, 2010 includes no changes for Mr. Doran’s firm to continue their services as board attorney. Ms. Lankford noted that the 2% fee decrease Mr. Doran voluntarily offered in January 2009 is included in the agreement; board members expressed their appreciation. Action: Approval of the Agreement for Legal Services of School Board Attorney with Doran, Wolfe, Ansay & Kundid, recorded as SMB No. 4597. Motion: Moved by Dr. Williams, seconded by Ms. Lankford and carried unanimously. Superintendent’s 2008-2009 Performance Evaluation Chairman Diane Smith and Mr. Ted Doran, board attorney, presented information regarding Dr. Smith’s performance evaluation. Mrs. Smith stated she and Mr. Doran met to review the evaluations and expressed appreciation to board members. Mr. Doran stated past evaluation protocol was followed; the five evaluations were distilled into one and proposed as the overall board position. Board discussion ensued regarding the evaluation tool. Ms. Conte, referring to the evaluation tool, stated the real evaluation goes on every day as the board and superintendent have open communication and a good relationship. Mr. Schmidt commented with the budget, declining enrollment and other challenges the district faces, Dr. Smith is the person for the job and he was very happy with her work. Ms. Lankford stated Dr. Smith has done an outstanding job and her skill set was extensive. Dr. Williams stated
Minutes The School Board of Volusia County, Florida July 28, 2009 – Regular Session
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Dr. Smith is the sixth superintendent he has worked with and she is by far above the others in all regards. Mrs. Smith recited a quote she felt described Dr. Smith, “One of the true tests of leadership is the ability to recognize a problem before it becomes an emergency” and stated Volusia was ahead in our planning process for the economy because of her leadership and vision to grasp the big picture. Action: Approval of the Superintendent’s 2008-2009 Performance Evaluation. Motion: Moved by Dr. Williams, seconded by Ms. Lankford and carried unanimously. Dr. Williams, who was participating via phone, excused himself from the meeting at 7:10 p.m. School Board Policies, continued 705-Community Use of School Facilities: joined by Dr. Robert Moll, deputy superintendent for financial and business services, Mr. Kizma stated the board has always supported use of school facilities by the community, however the district is no longer in the position to subsidize this use and must assure that the terms are on a cost recovery basis. Mr. Kizma reviewed definitions of a school-based organization and an outside organization that recognizes who may or may not be charged a fee; a new fee schedule has been developed and rental fees due the district were raised from 25% to 40%. Dr. Moll reviewed the new Tenant Users Liability Insurance Policy purchased by the district and reimbursed by the user which will standardize this process. Action: Approval to advertise amendments to School Board Policy 705-Community Use of School Facilities, which is included in the district’s Policy and Procedure Manual. Motion: Moved by Ms. Conte, seconded by Mr. Schmidt and carried unanimously (4/0). 707-Fundraising: joined by Dr. Robert Moll, deputy superintendent for financial and business services, Mr. Kizma stated the majority of the changes were mandated by the Department of Education’s Financial and Program Cost Accounting and Reporting for Florida Schools (Red Book) regulations regarding maintenance of accounts. Action: Approval to advertise amendments to School Board Policy 707-Fundraising, which is included in the district’s Policy and Procedure Manual. Motion: Moved by Mr. Schmidt, seconded by Ms. Conte and carried unanimously (4/0). 719-Internal Accounts: joined by Dr. Robert Moll, deputy superintendent for financial and business services, Mr. Kizma stated the language was mostly mandated by the Red Book and reviewed the policy. Mr. Schmidt suggested researching the possibility of the district purchasing Directors and Officers Liability Insurance and bonding insurance which would be reimbursed by the various organizations. Mr. Doran stated there was a certain level of immunity to directors who serve on non-profit corporations. Action: Approval to advertise proposed School Board Policy 719-Internal Accounts, which will be included in the district’s Policy and Procedure Manual. Motion: Moved by Mr. Schmidt, seconded by Ms. Lankford and carried unanimously (4/0). Mr. Kizma noted the following policies were brought to the board for discussion and approved for advertisement at a prior board meeting; the majority of the changes were statutory updates. Mr. Kizma provided a brief overview of the policies. Board discussion ensued throughout the presentations. 204-Admissions Requirements for Students Action: Approval to adopt amendments to School Board Policy 204-Admissions Requirements for Students, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4598. Motion: Moved by Lankford, seconded by Mr. Schmidt and carried unanimously (4/0). 508–Grievance Procedure
Minutes The School Board of Volusia County, Florida July 28, 2009 – Regular Session
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Approval to adopt amendments to School Board Policy 508-Grievance Procedure, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4599. Moved by Mr. Schmidt, seconded by Ms. Lankford and carried unanimously (4/0).
509-Prohibition of Harassment Action: Approval to adopt amendments to School Board Policy 509-Prohibition of Harassment, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4600. Motion: Moved by Mr. Schmidt, seconded by Ms. Conte and carried unanimously (4/0). 715-Investment Policy Action: Approval to adopt amendments to School Board Policy 715-Investment Policy, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4601. Motion: Moved by Ms. Lankford, seconded by Mr. Schmidt and carried unanimously (4/0). 209-Education of Homeless Students Action: Approval to adopt School Board Policy 209-Education of Homeless Students, which will be included in the district’s Policy and Procedure Manual, recorded as SMB No. 4602. Motion: Moved by Mr. Schmidt, seconded by Ms. Lankford and carried unanimously (4/0). 702-Purchasing Policy: Mr. Kizma was joined by Mr. Tom Sims, director for purchasing and warehousing services. Mr. Sims stated Policy 702 will not impact the statewide Florida Education Purchasing Consortium. Action: Approval to adopt amendments to School Board Policy 702-Purchasing Policy, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4603. Motion: Moved by Ms. Conte, seconded by Ms. Lankford and carried unanimously (4/0). 714-Use of Consultants: Mr. Kizma was joined by Mr. Tom Sims, director for purchasing and warehousing services. Action: Approval to repeal School Board Policy 714-Use of Consultants, which is included in the district’s Policy and Procedure Manual. Motion: Moved by Ms. Conte, seconded by Mr. Schmidt and carried unanimously (4/0). 320-Media Selection of Print and Non-Print Materials: Mr. Kizma was joined by Dr. Chris Colwell, deputy superintendent for instructional services. Mr. Kizma noted pursuant to the board’s last discussion and consistent with Policy 321 the title of the committee in Section V.D. was changed to “Instructional Review Committee.” Dr. Colwell stated staff felt the policy was efficient and workable and still meets the needs of individual parents. Action: Approval to adopt amendments to School Board Policy 320-Media Selection of Print and Non-Print Materials, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4604. Motion: Moved by Ms. Lankford, seconded by Mr. Schmidt and carried unanimously (4/0). 321-Instructional Materials: Mr. Kizma was joined by Dr. Chris Colwell, deputy superintendent for instructional services. Mr. Kizma noted since the board’s last discussion the following amendment was added to Section E.2.: “Should the Instructional Review Committee determine that the selected material contains mature themes and/or language, parents will be notified of the material selected, and provided the opportunity to review the material and request an alternate assignment.” Dr. Colwell stated the added language deals specifically with materials not adopted at the district level but was reviewed by the schoolbased Instructional Review Committee.
Minutes The School Board of Volusia County, Florida July 28, 2009 – Regular Session
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Approval to adopt amendments to School Board Policy 321-Instructional Materials, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4605. Moved by Mr. Schmidt, seconded by Ms. Lankford and carried unanimously (4/0).
704-School Fees and Donations: Mr. Kizma noted pursuant to the board’s last discussion the following addition was added to Section B.3.: “The superintendent shall take the necessary steps to allow for equity in access to extracurricular programs from school to school.” Action: Approval to adopt amendments to School Board Policy 704-School Fees and Donations, which is included in the district’s Policy and Procedure Manual, recorded as SMB No. 4606. Motion: Moved by Ms. Conte, seconded by Mr. Schmidt and carried unanimously (4/0). Items from School Board Members, Superintendent or Board Attorney for Discussion, Announcement or Approval Ms. Conte requested a report on homeless students, and stated at the behest of the Florida League of Cities the Florida School Boards Association Past Presidents Council is working on the advancement of civics in public schools. Board members discussed cell phone usage in the schools. Ms. Lankford shared that Stetson University professor Dr. Dan Hale, who also serves as president of the O’Neil Foundation, is working on an adult diabetes initiative and suggested the Foundation would like to work with the district to disseminate information concerning adult onset diabetes to employees; Dr. Hale’s committee is comprised of all six Volusia hospitals, Bethune-Cookman University, Daytona State College, Embry-Riddle Aeronautical University and Stetson University. Ms. Lankford stated the Congress of Regional Leaders was having its second annual celebration and shared the myRegion.org publication, Where in the World are We? Mrs. Smith stated that at a recent meeting of mayors and city managers, sponsored by the Volusia County Council, she had an opportunity to discuss adoption of the .25 mill levy and shared her concerns regarding the impact on the local community due to teachers and staff losing jobs if the School Board did not adopt the .25 mill levy; Dr. Smith added a major purpose of the meetings were for the cities, county and school district to share their common concerns of how to meet demands for services with fewer resources. On behalf of Ms. Lankford, Mrs. Smith attended the Gang Reduction Task Force meeting where Mr. Tim Huth, deputy superintendent for operations and governmental affairs, and Mr. Greg Akin, director for student transportation services, shared information with the Task Force. Dr. Smith gave special thanks to staff for their hard work under the leadership of Mr. Kizma and Dr. Moll on the policies and budget. Dr. Smith expressed appreciation to board members for her evaluation and their confidence in her and stated she was very fortunate to work with school board members who always put students first and believes that priority is what moves our district forward; she stated the administrative team and board work hand in hand and she truly appreciates working together for the benefit of our students. Mr. Doran thanked the board for the opportunity to work with them for another year and stated it was a great honor and privilege to be the school board attorney. Mr. Doran expressed appreciation for Dr. Smith and stated she was an extraordinary person and it was a thrill to work with her. Meeting adjourned at 8:35 p.m.
APPROVED BY THE SCHOOL BOARD IN OPEN SESSION August 11, 2009 __________________________________
______________________________ Chairman ______________________________ Secretary
