e|agenda.NET
Sarasota County Schools
THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA
Landings Administrative Complex
1980 Landings Blvd.
3:00 P. M.

January 20, 2009 Board Meeting


Call To Order (Chair - 3:00 p.m.)
Flag Salute (Grier Ferguson & Sarasota High Color Guard)
Special Presentations/Moments of Pride
1. SPECIAL PRESENTATIONS/MOMENTS OF PRIDE
Description

Recognition of January as National Mentoring Month - Proclamation - Board Chair



Recommendation
N/A


Superintendent's Report
2. SUPERINTENDENT'S REPORT
Description

Introduction - Principal of the new Elementary I in North Port, Kirk Hutchinson - John Zoretich

Recognition of the Woodland Middle School Project Team - George McGonagill

Government Finance Officers Association and the Association of School Business Officials Financial Reporting Awards - Mitsi Corcoran



Recommendation
N/A


Hearing of Citizens
3. HEARING OF CITIZENS
Description
N/A

Recommendation
N/A


Approval of Corrections to Consent Agenda
4. APPROVAL OF CORRECTIONS TO CONSENT AGENDA
Description
N/A

Recommendation
That the Board approves the corrections to the Consent Agenda.


Approval of Consent Agenda
5. APPROVAL OF CONSENT AGENDA
Description

N/A



Recommendation
That the Board approves the Consent Agenda, consisting of items as a whole with action recorded as if it had been taken severalty.


Consent Agenda
APPROVAL OF MINUTES

6. APPROVAL OF MINUTES
Description
N/A

Recommendation

That the January 6, 2009, (Regular Board Meeting) minutes be approved.



APPROVAL OF INSTRUCTIONAL/CLASSIFIED PERSONNEL REPORT

7. APPROVAL OF INSTRUCTIONAL/CLASSIFIED PERSONNEL REPORT
Description

N/A



Recommendation
That the Instructional/Classified Personnel Report be approved.

Attachment: January 20, 2009 Regular Bo.pdf
Attachment: January 20, 2009 Addendum 1.pdf

RATIFICATION OF REASSIGNMENT OF STUDENTS TO SCHOOLS

8. RATIFICATION OF REASSIGNMENT OF STUDENTS TO SCHOOLS
Description

Reassignment of students to schools within the county have been approved by the administration or recommended by the Student Reassignment Appeal Board, in accordance with policies of the School Board.  They are presented for formal ratification.



Recommendation
That the reassignment of students to schools be ratified as presented.

Attachment: rptBoardDate January 20.pdf (Confidential Item) 


GENERAL ITEMS

9. APPROVAL OF CONFLICT OF INTEREST
Description
Attorney Robert Robinson of the Nelson Hesse law firm has in the past, and will likely, in the future, represent the School Board in certain proceedings such as student expulsions.  Mr. Robinson also serves as general counsel for the City of North Port.  The School Board and City of North Port are currently involved in litigation concerning non advalorem assessments made by the City of North Port on property owned by the School Board.  This litigation is unrelated to any matter in which Mr. Robinson has represented the School Board.  Approval of this agreement signifies the School Board is aware of, and waives, any potential conflict of interest and permits Mr. Robinson to represent the City of North Port in this action.  The agreement has been reviewed and approved by the School Board's general counsel.

Recommendation
That the Board approve the acknowledge and agreement regarding conflict of interest as presented.

Attachment: Conflict Waiver (01-07-09) .pdf

10. APPROVAL THAT THE SCHOOL BOARD ENTER A FINAL ORDER ADOPTING THE RECOMMENDED ORDER OF THE ADMINISTRATIVE LAW JUDGE IN DOAH CASE NUMBER 08-4726 AND TERMINATING EMPLOYMENT OF VIRGIL MAE AS OF JANUARY 21, 2009
Description

Mr. Mae requested a hearing on his proposed termination which was conducted by an Administrative Law Judge assigned by the Division of Administrative Hearings on November 6, 2008.  On December 24, 2008, the Judge entered the attached Recommended Order recommending that the School Board enter a Final Order dismissing Mr. Mae from employment.  No exceptions to the Recommended Order have been filed.



Recommendation
That the School Board enter a Final Order adopting the Recommended Order of the Administrative Law Judge in DOAH Case Number 08-4726 and terminating the employment of Virgil Mae as of January 21, 2009.

Attachment: Recom Order 122408.pdf

11. APPROVAL TO TERMINATE PURCHASE
Description

The School Board and Fourth Quarter Properties, XXXII, LLC, previously entered into an "Agreement for Sale and Purchase of Real Estate" dated May 20, 2008, for the Board's acquisition of a 15-acre parcel for a south county technical high school.  Since then there have been contract addenda to extend the Inspection Period to allow additional time for further evaluation of the site and for the completion of an Interlocal Agreement between the School Board and Manatee Community College for vehicular and utility access to the site; the latest addendum extends the Inspection Period to February 27, 2009.  The Board's termination of the Contract is allowed by Section 1.04 as the site has been determined to be unsuitable for its intended use.



Recommendation
That the School Board of Sarasota County approve the termination of the "Agreement for Sale and Purchase of Real Estate" between the School Board and Fourth Quarter Properties XXXII, LLC, as the site has been determined to be unsuitable for its intended use. 

AGREEMENTS/CONTRACTS

12. APPROVAL OF AGREEMENT WITH OBEE'S SOUP SALAD SUBS
Description

This agreement will allow for non-paid career technical work experience for Exceptional Student Education Students from Venice High School, ages 16 years and older, in 9th through 12th grades, to learn the day to day business operations at Obee's Soup Salad Subs in Venice, Florida.



Recommendation
That the School Board approve the agreement between the Vocational Instructional Program and Obee's Soup Salad Subs in Venice, Florida, as presented.

Attachment: Obee's SoupSaladSubs 01202009.pdf

13. APPROVAL OF AGREEMENT WITH TARPON POINT
Description
This agreement will allow for non-paid career technical work experience for Exceptional Student Education Students from Booker High School, Oak Park School, Riverview High School, and Sarasota High School, ages 16 years and older, in grades 9 through 12, to learn the day to day business operations at Tarpon Point.

Recommendation
That the School Board approve the agreement between the Vocational Instructional Program and Tarpon Point, as presented.

Attachment: Tarpon Point 01202009.pdf

GRANTS

14. APPROVAL OF THE LEARN & SERVE SARASOTA GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF EDUCATION FOR PUPIL SUPPORT SERVICES
Description
COMPETITIVE: Grant funds of $40,000 will establish a Sarasota Youth Student Leadership Council to lead a district-wide service learning project and develop a mini-grant program open to all district schools for service learning projects.

Recommendation
That the School Board of Sarasota County approve the Learn & Serve Sarasota grant application.

Attachment: Learn & Serve1.pdf

EXPULSIONS

15. APPROVAL OF EXPULSION CASE NO. 08-354
Description
School Board Policy 5.34(4) permits the Board to hold in abeyance the expulsion of a student if the student participates in a recognized alternative-to-expulsion program.  This student is being placed in an alternative school.

Recommendation

That expulsion Case No. 08-354 be held in abeyance per School Board Policy 5.34. 



Attachment: Expulsion Case No. 08-354.pdf (Confidential Item) 


16. APPROVAL OF EXPULSION CASE NO. 09-162
Description

The student listed in Expulsion Case No. 09-162 is in violation of an accepted Deferred Expulsion Agreement for regular school placement.  On November 18, 2008, the student listed in Expulsion Case No. 09-162 violated School Board Policy 5.321(1)(e) Possession of Weapons and Other Prohibited Articles.  It is the recommendation of the Superintendent that the student be expelled from the Sarasota County Schools until November 30th of the 2009-2010 academic year.



Recommendation

That in accordance with provisions of Sections 1006.07 (1)(a)(b), Florida Statutes and School Board Policy 5.34, and the holding of a hearing having been waived by the student/parent, the recommendation as specified in Expulsion Case No. 09-162 to expel the student referenced therein from the Sarasota County Schools be approved effective immediately for the remainder of the 2008-2009 academic year, the 2009 summer session, until November 30 of the 2009-2010 academic year.



Attachment: Expulsion Case No. 09-162.pdf (Confidential Item) 


17. APPROVAL OF EXPULSION CASE NO. 08-151
Description

The student listed in Expulsion Case No. 08-151 is in violation of an accepted Expulsion Settlement Agreement for alternative school placement.  On December 10, 2007, the student listed in Expulsion Case No. 08-151 violated School Board Policy 5.34(1)(d), Vandalism.  It is the recommendation of the Superintendent that the student be expelled from the Sarasota County Schools until June 30 of the 2008-2009 academic year.



Recommendation

That in accordance with provisions of Sections 1006.07 (1)(a)(b), Florida Statutes and School Board Policy 5.34, and the holding of a hearing having been waived by the student/parent, the recommendation as specified in Expulsion Case No. 08-151 to expel the student referenced therein from the Sarasota County Schools be approved effective immediately until June 30 of the 2008-2009 academic year.

 



Attachment: Expulsion Case No. 08-151.pdf (Confidential Item) 


18. APPROVAL OF STUDENT EXPULSION ABEYANCE CASE. NO. 09-115
Description
School Board Policy 5.34 (4) permits the Board to hold in abeyance the expulsion of a student if the student participates in a recognized alternative-to-expulsion program.  This student is being placed in an alternative school.

Recommendation

That Expulsion Case No. 09-115 be held in abeyance per School Board Policy, 5.34.



Attachment: Expulsion 09-115.pdf (Confidential Item) 


MATERIALS MANAGEMENT

19. APPROVAL TO AWARD BID #9036 FOR HOUSEHOLD AND SMALL COMMERCIAL APPLIANCES
Description
Bids to provide 'Household and Small Commercial Appliances' were received from two vendors on December 17, 2008.  The bids of Commercial Laundries of West Florida and Sears Commercial were the best low bids meeting the advertised specifications.  Reasons for not selecting the apparent low bid are included with the bid tabulation.  This bid is for a period of one year with the option to renew for two additional one year periods.  The funds for these products are contained in the capital and operating budgets of the schools and departments. 

Recommendation

That the bids of Commercial Laundries of West Florida and Sears Commercial, to provide 'Household and Small Commercial Appliances' in an amount not to exceed $75,000.00, be approved for award and purchase.



Attachment: Appliances9036Rec.pdf

20. APPROVAL TO AWARD BID #9070 FOR OUTDOOR PEST CONTROL
Description
Bids to provide 'Outdoor Pest Control' were received from seven vendors on December 3, 2008.  The bid of Hughes Exterminators was the best low bid meeting the advertised specifications.  The bid of Fricke Pest Services, Inc., was non-responsive to the requirement of a minimum of 3 years business service experience in pest control.  This bid is for a period of one year with the option to renew for two additional one-year periods.  The funds for these purchases are contained in the capital budget allocated to the Facilities Services Department.

Recommendation

That the bid of Hughes Exterminators, to provide 'Outdoor Pest Control' in an amount not to exceed $65,000.00, be approved for award and purchase.



Attachment: OutdoorPest9070Rec.pdf

FACILITIES

21. ACCEPTANCE OF SUBSTANTIAL COMPLETION FOR THE ASHTON ELEMENTARY SCHOOL - GENERATOR PROJECT
Description
The architect has prepared the Certificate of Substantial Completion and the final punch list.  The project is substantially complete in accordance with the contract documents.  A copy of the final punch list is available for review at the Facilities Services Department.

Recommendation
That the work performed by McIntyre Elwell & Strammer General Contractors, Inc. for the Ashton Elementary School - Generator project be accepted as substantially complete as of 10/17/2008.

Attachment: BAIenc1-20-09AshtonGeneratorSC-FSD.pdf

CONSTRUCTION

22. APPROVAL OF CONTRACT FOR CONSULTANT SERVICES FOR PAINTING & WEATHERPROOFING FOR A THREE (3)-YEAR PERIOD
Description
The scope shall include consultant services for all types of painting and weatherproofing for the School Board of Sarasota County for a period of three (3) years.  On 1/6/2009 (Item #31) the Board authorized negotiations with the top-ranked firm.  On 1/14/2009, the Executive Director of Construction Services and two (2) members of the Professional Services Selection Committee (PSSC) met with a representative of Construction Moisture Consulting, Inc. and successfully negotiated a contract.  This contract has been approved by the School Board attorney and is available for review at the Construction Services Department.  The estimated cost for these services for the three (3)-year period is $750,000.00.  Funds are available for these services through individual project accounts.

Recommendation
That the contract for consultant services for painting & weatherproofing for a three (3)-year period be approved as presented.   

23. APPROVAL OF UPDATE #5 TO THE 2008/2009 ANNUAL CERTIFICATION OF PROFESSIONALS FOR CONSTRUCTION RELATED SERVICES
Description
The recommended professionals have submitted annual request for certification by the School Board to provide professional construction related services for Sarasota County School Board projects.  These submissions are in accordance with School Board Policy #7.71.  The initial 2008/2009 list was Board approved 7/22/2008 (Item #88).  The newly added firms are identified, on the enclosure, at the end of the initial listing and are in bold print.  Upon Board approval, the pertinent data from these submissions will be incorporated to the existing list.

Recommendation
That Update #5 to the 2008-2009 Annual Certification of Professionals for Construction Related Services be approved as presented.

Attachment: Copy of Update5-BAIenc1-20-09Annual.pdf

24. ACCEPTANCE OF CORRECTIONS TO THE SPREADSHEET COVER PAGE FOR THE 1/6/2009 AGENDA ITEM #32 - APPROVAL AND/OR RATIFICATION OF CONSTRUCTION SERVICES CHANGE ORDER(S)
Description
The first two (2) changes {#11 & #12} on the initial list inadvertently cite Elementary School "I": Phase 1 - Sitework and Jon F. Swift, Inc. as the contractor.  The correct project name for these two (2) specified change orders is Middle School "EE": Phase 1 - Sitework (aka Woodland Middle School) and the correct contractor for same is Kraft Construction.  Also, the current contract amount cited for C.O. #37 was incorrect.  These corrections have been made on the revised attachment.  A corrected sequential listing of the change orders has been made on the revised attachment in order to place the specified change orders in the appropriate placement on the spreadsheet cover page.

Recommendation
That the corrections to the spreadsheet cover page for the 1/6/2009 Board agenda item #32 - "Approval and/or Ratification of Construction Services Change Order(s)" be accepted as presented.

Attachment: Copy of Jan6-09CSD-COrev2.pdf

25. APPROVAL AND/OR RATIFICATION OF CONSTRUCTION SERVICES CHANGE ORDER(S)
Description
The Construction Services Change Order(s) are summarized on the enclosure for ease of review.  These change orders collectively total a reduction of $4,593.75 in contract amounts.

Recommendation
That the Construction Services Change Order(s) be approved and/or ratified as presented.

Attachment: BAIenc1-20-09CSD-COrev.pdf

FINANCE

26. APPROVAL OF THE SUPERINTENDENT'S FINANCIAL STATEMENTS FOR THE PERIOD ENDING NOVEMBER 30, 2008
Description
The Superintendent's Financial Statements for the month ending November 30, 2008, do not reflect any unexpected trends at this stage in the 2008-09 fiscal year.  The negative trend in the General Fund was smaller this month due to the District receiving their main funding source, property taxes revenues, during November.  However, the deficit spending in the General Fund will continue as fund balance has been budgeted to decrease this fiscal year due to State revenue shortfalls and reduced property tax revenues.  The Food Service Fund has a negative unreserved fund balance at November 30, 2008.  The Food Service Fund shows a decrease in revenue of 4% year to date.  This is to be expected as student enrollment has decreased.  The money the District receives through the Free and Reduced meals program has increased approximately 7%, but revenues received from students paying full price or purchasing al a carte meals has decreased over 10%.  Expenditures have increased approximately 7% from the prior year.  The Capital Projects Fund is reflecting a negative trend as the timing of debt borrowing has been delayed as the District awaits improved market conditions.  The large "Due from other funds" in the Capital Projects Fund is money loaned to the General Fund to pay for expenditures until the District received property tax revenues from the county tax collector.

Recommendation
That the Superintendent's Financial Statements for the period ending November 30, 2008, be approved as presented.

Attachment: November.pdf

27. APPROVAL OF BUDGET AMENDMENTS FOR DEBT SERVICE FUND, CAPITAL PROJECTS FUND, SPECIAL REVENUE FUND, AND OPERATING FUND
Description
The budget amendments for the Debt Service Fund, Capital Projects Fund, Special Revenue Fund, and Operating Fund reflect the operations of the District through December 31, 2008.

Recommendation
That the budget amendments for the Debt Service Fund, Capital Projects Fund, Special Revenue Fund, and Operating Fund be approved as presented.

Attachment: 2009 CAP Budget Amendment 1.pdf
Attachment: 2009 DBT Budget Amendment 1.pdf
Attachment: 2009 SRF Budget Amendment 1.pdf
Attachment: Budadm01202009.pdf


New Business
28. ACCEPTANCE OF THE DISTRICT-WIDE AND SCHOOL INTERNAL FUNDS FINANCIAL STATEMENTS AND INDEPENDENT AUDITORS' REPORT FOR THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA, FOR THE FISCAL YEAR ENDING JUNE 30, 2008
Description
Cherry, Bekaert & Holland, L.L.P. has completed the independent audit of the School Board of Sarasota County and the school internal funds for the fiscal year ending June 30, 2008.  They have provided independent auditors' reports for the specific engagements, which are incorporated as a component of the financial statements.  Both the School District and the school internal funds received unqualified (clean) opinions from our auditors.  In addition the independent auditors' perform tests of internal controls and compliance.  Copies of these reports as well as the District's responses are included for your review.

Recommendation
That the Financial Statements and Independent Auditors' Reports on the School Board of Sarasota County, Florida, for the fiscal year ending June 30, 2008, be accepted as presented.

Attachment: Audit presentation 1-20-0 2.pdf

29. APPROVAL OF THE RESOLUTION OF THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA, REGARDING BOARD MEMBER RESIDENCE AREAS
Description
"In odd-numbered years, the Board has the authority to make changes in the boundaries of Board member residence areas.  This change is designed to make Board member residence areas more equal in the population of registered voters."

Recommendation
That the Board approve the Resolution of the School Board of Sarasota County, Florida, regarding Board member residence areas as presented.

Attachment: Resolution.pdf


Announcements/Comments
30. ANNOUNCEMENTS/COMMENTS
Description
N/A

Recommendation
N/A


Adjournment
31. ADJOURNMENT
Description
N/A

Recommendation
N/A