SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH

MINUTES OF SCHOOL BOARD REGULAR MEETING

SEPTEMBER 18, 2007

The School Board of the City of Virginia Beach held a regular meeting Tuesday, September 18, 2007, at the School Administration Building.

MEMBERS PRESENT:

Mr. Daniel D. “Dan” Edwards, Chairman	Mr. Dan R. Lowe
Ms. Rita Sweet Bellitto, Vice Chairman	Mr. Lyndon S. Remias
Ms. Emma L. “Em” Davis	Ms. Sandra Smith-Jones
Ms. Patricia G. Edmonson	Mr. Michael W. Stewart
Mr. Edward F. Fissinger, Sr.	Ms. Carolyn D. Weems (early departure at 8:00 p.m.)

Dr. James G. Merrill, Superintendent

Members ABSENT: Mr. Todd C. Davidson

1. Convene School Board Informal Meeting:

Chairman Edwards convened the Board in the Board Room at 6:10 p.m. All Board members were present with the exception of Mr. Davidson who was absent from the meeting.

2. Workshop: (See Item 18)

3. Closed Meeting: (See Item 16)

4. Hearing of Citizens and Delegations on Non-Agenda Items:

The Board heard comments from the following citizens and delegations:

Scarlette Ballard Williams, regarding a denied high school out of zone request; and

Ann Sye, regarding an achievement gap between ethnic groups.

5. Formal Meeting Call to Order and Electronic Roll Call:

Chairman Edwards called the formal meeting to order in the School Board Room at 6:22 p.m. All Board members were present with the exception of Mr. Davidson who Chairman Edwards announced was out of town on school-related business.

6. Student, Employee and Public Awards and Recognition: None

7. Invocation and Pledge of Allegiance: Dr. Richard Keever of Bayside Presbyterian Church gave the invocation followed by the Pledge of Allegiance.

8. Superintendent’s Report: In addition to recognizing accomplishments of students and staff, Superintendent Merrill reported on activities throughout the division including the division’s Teacher Orientation and Continuous Learning Institute (TOCLI), the Department of Media and Communications Development annual school media liaison training, Princess Anne High School’s “Fresh Start” program to help 9th grade students transition from middle to high school, the Department of Curriculum and Instruction’s Sparton Prep Academy program designed to introduce minority students to the advantages of post-secondary education, events for Virginia Beach students during the Oceana Air Show, events related to the SAPLINGS program (Students and Parents Learning Intellectual Growth Strategies), and partnership coordinator training for new and veteran coordinators charged with promoting and coordinating meaningful community engagement in schools.

9. Hearing of Citizens and Delegations on Agenda Items: None

10. Approval of Minutes:

A. September 5, 2007 Regular Meeting: Mr. Stewart made a motion, seconded by Ms. Smith-Jones, that the Board approve the minutes of their September 5, 2007 regular meeting as presented. The motion was approved (ayes 10, nays 0).

11. Adoption of the Agenda: Prior to a motion, Chairman Edwards announced changes to the published agenda to include moving Consent Agenda Item 12C – Appointments, Resignations and Retirements to be taken up under Item 17 – Vote on Remaining Action Items; and relocating the Closed meeting after Item 18 – Workshop, followed by Item 17 – Vote on Remaining Action Items. Mr. Lowe then made a motion, seconded by Ms. Smith-Jones, that the Board adopt the agenda as amended. The motion was approved (ayes 10, nays 0).

12. Consent Agenda: Ms. Smith-Jones made a motion, seconded by Mr. Stewart, that the Board approve the Consent Agenda. The motion was approved (ayes 10, nays 0) and the following items adopted as part of the Consent Agenda:

A. National School Lunch Week Resolution as follows:

OBSERVANCE OF NATIONAL SCHOOL LUNCH WEEK RESOLUTION

OCTOBER 15-19, 2007

WHEREAS, the National School Lunch Program has served our nation admirably for 60 years through advanced practices and nutrition education; and

WHEREAS, the National School Lunch Program helps ensure good nutrition and good health for many of our children; and

WHEREAS, the National School Lunch Program is important to achieving educational goals because poorly fed children have more difficulty learning, are less attentive in class and suffer more chronic problems, such as absenteeism and tardiness, than children who are properly nourished;

NOW, THEREFORE, BE IT

RESOLVED: That the School Board of the City of Virginia Beach take official cognizance of the exemplary work performed by Food Service personnel; and encourage all residents to become aware and concerned about their children’s and their own nutrition habits, in hope of achieving a more healthful citizenry for today and the future; and be it further

RESOLVED: That a copy of this resolution be spread across the official minutes of this Board.

B. The School Board authorized the Superintendent to execute a contract with Contractors Paving, Inc. in the amount of $212,334.05 for the Ocean Lakes High School tennis court renovations noting the project is jointly funded between the school division and the city’s Department of Parks and Recreation.

13. Action:

A. School Board Committee Appointments and Term Extensions: Mr. Fissinger made a motion, seconded by Ms. Edmonson, that the Board approve 1) the establishment and appointment of Board members to ad hoc committees created as determined at the Board’s annual retreat held August 3-5, 2007, for the term commencing immediately through December 31, 2008; and 2) the term for committee appointments made at the July 24, 2007 regular School Board meeting be extended to December 31, 2008 due to changes in general elections from May to November. The motion was approved (ayes 10, nays 0) and ad hoc committee appointments approved as follows:

COMMITTEE	PURPOSE	MEMBERS
Community Ad Hoc Strategic Planning Committee	Committee consisting of two Board members to determine ways to engage the community for the development of a new Strategic Plan	Ed Fissinger, Chair Rita Bellitto Pat Edmonson
Ad Hoc Committee for Board Training, Orientation/Curriculum, and Self-Evaluation	Review and propose: A) Training opportunities list (local, regional & national) with budget allocation suggestions B) Orientation schedule and curriculum C) Schedule and format for Board self-evaluation	Mike Stewart, Chair Em Davis Carolyn Weems
Ad Hoc Committee for Committee Structure	Review committee appointment structure for the development of a plan that will provide for officer and committee leadership succession	Todd Davidson, Chair Ed Fissinger Lyndon Remias
Ad Hoc Committee for Retreat Planning	Obtain feedback from Board members on the August 2007 retreat as well as suggestions for the next annual retreat and then propose date/time; develop a format; and recommend a facilitator	Em Davis, Chair Pat Edmonson Dan Edwards
Ad Hoc Committee for System-wide Advocacy Plan	Committee to work with Administration to develop a system-wide advocacy plan in order to garner support for instructional and fiscal priorities	Sandra Smith-Jones, Chair Carolyn Weems
Reinstatement of Revenue Sharing Formula Committee	Reappoint the Chairman and Vice-Chairman to meet with the Mayor and Vice Mayor regarding the biennial review of the Revenue Sharing Formula	Dan Edwards Rita Bellitto

14. Information:

A. Point O’View Elementary Year-Round School Year-Three Evaluation: Dr. Jared A. Cotton, Assistant Superintendent for Accountability, and Dr. Lisa A. Banicky, Research Specialist, presented to the Board for information an executive summary of the findings and recommendations from the year-three evaluation of the Point O’View Elementary Year-Round School program including administration’s recommendations. Dr. Cotton, Dr. Banicky and Mr. Edward G. Timlin, Principal of Point O’View Elementary School, responded to Board members’ questions regarding the findings and recommendations. Additionally, in response to a Board member inquiry, Dr. Maynard E. Massey, Assistant Superintendent for Middle School Education, briefly outlined the advantages and disadvantages of a year-round school program at the middle school level with disadvantages outweighing advantages.

B. Financial Statements: The School Board received for information the following financial statements and Mr. A. Samuel Cohen, Director of Business Services, responded to questions:

1. June 2007 (unaudited)

2. July 2007 Interim

3. August 2007 Interim

C. Long Range Facilities Master Plan: Mr. Anthony L. Arnold, P.E., Director of Facilities Planning and Construction, presented a public review of the fourteen recommendations made by the Facility Master Plan Steering Committee after nine months worth of effort by the DeJONG/HBA team together with school staff and the community. The committee reviewed demographic and facility data, examined future trends impacting facilities and engaged the community in dialogue regarding future direction in order to formulate options for addressing school facility needs. Upon inquiry from the Board, Mr. Arnold advised next steps included briefing the School Modernization Committee, forwarding specific recommendations to the Building Utilization Committee for consideration during its annual review, and incorporating recommendations into the budget process. It was requested the three referenced phases be defined in the recommendations as well.

15. Committee Reports: Mr. Stewart reported the Minority Business Council met on September 14, and discussed the tracking process for minority contracts. In addition, he invited the Board to attend the November 1 Expo.

Ms. Smith-Jones reported the WHRO Education Committee met earlier in the day and heard from the new CEO who expressed the desire to speak to school districts and share information on the return on their investments. Additionally, she reported on virtual school programs and online opportunities for students, as well as, professional development courses for teachers to earn certification points.

Ms. Smith-Jones also noted she, Ms. Davis and Ms. Edmonson had met regarding the Board’s social planning.

On behalf of the Legislative Committee, Mr. Lowe reported 1) the committee had prepared the basic legislative package and expects additional enhancements; 2) the joint City Council/School Board General Assembly Delegation meeting had been postponed from September 27 to December 3; and 3) an updated legislative package will be proved to the Board as soon as it is available.

The Board recessed at 7:33 p.m. to reconvene in Room 113 in workshop format at 7:40 p.m.

18. Workshop:

A. Board Administrative Matters: Chairman Edwards afforded the Board an opportunity to discuss any housekeeping matters, but there were no items brought forward.

Ms. Weems left the meeting at 8:00 p.m.

B. Quarterly Board Agenda Discussion: The Board reviewed with Administration potential topics to be brought forth in the next quarter and Administration advised of items individual departments were working on but that were not necessarily immersed at the Board level. Additionally, Ms. Smith-Jones inquired and Chairman Edwards requested another Board member work with her to schedule a presentation on electronic (paperless) Board meeting options with the intent to bring to the Board a recommendation for consideration.

The workshop concluded at 8:43 p.m.

16. Closed Meeting: Personnel Matters:

Motion for Closed Meeting in Accordance with VA Code § 2.2-3711, Part A: Vice Chairman Bellitto made a motion, seconded by Mr. Lowe, that the Board adopt a motion to recess into a closed meeting pursuant to exemptions from open meetings allowed by Section 2.2-3711, Part A, Paragraph 1 of the Code of Virginia, 1950, as amended, for the following purposes:

A. Personnel Matters: Discussion of or consideration of interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees, pursuant to Section 2.2-3711, (A) (1); namely to discuss:

1. Case #437-08-10-07 for placement of employee on probation;

2. Reimbursement of legal fees for an employee;

3. Discipline recommendations for an employee resigning after being convicted of criminal conduct; and

4. Discipline recommendation for an employee with a founded Child Protective Services (CPS) case.

The motion was approved (ayes 9, nays 0, Weems departed the meeting at 8:00 p.m.) and the Board entered into a closed meeting at 8:44 p.m.

Individuals present for discussion:

A. Personnel Matters:

1. Case #437-08-10-07 for placement of employee on probation: Board members with the exception of Mr. Davidson and Ms. Weems; Superintendent Merrill; Dr. Sheila S. Magula, Deputy Superintendent; Mr. John A. Mirra, Assistant Superintendent for Human Resources; Ms. Brenda C. Harris, Director of Employee Relations; Ms. Kamala H. Lannetti, Deputy City Attorney; and Ms. Dianne P. Alexander, Clerk of the Board.

3. Discipline recommendations for an employee resigning after being convicted of criminal conduct: Board members with the exception of Ms. Davis who recused herself from this discussion, Mr. Davidson and Ms. Weems; Superintendent Merrill; Dr. Sheila S. Magula, Deputy Superintendent; Mr. John A. Mirra, Assistant Superintendent for Human Resources; Ms. Brenda C. Harris, Director of Employee Relations; Ms. Kamala H. Lannetti, Deputy City Attorney; and Ms. Dianne P. Alexander, Clerk of the Board.

4. Discipline recommendation for an employee with a founded Child Protective Services (CPS) case: Board members with the exception of Mr. Davidson and Ms. Weems; Superintendent Merrill; Dr. Sheila S. Magula, Deputy Superintendent; Mr. John A. Mirra, Assistant Superintendent for Human Resources; Ms. Brenda C. Harris, Director of Employee Relations; Ms. Kamala H. Lannetti, Deputy City Attorney; and Ms. Dianne P. Alexander, Clerk of the Board.

2. Reimbursement of legal fees for an employee: Board members with the exception of Mr. Davidson and Ms. Weems; Superintendent Merrill; Dr. Sheila S. Magula, Deputy Superintendent; Mr. John A. Mirra, Assistant Superintendent for Human Resources; Ms. Brenda C. Harris, Director of Employee Relations; Ms. Kamala H. Lannetti, Deputy City Attorney; and Ms. Dianne P. Alexander, Clerk of the Board.

The Board reconvened in an open meeting at 9:39 p.m.

Certification of Closed Meeting: Vice Chairman Bellitto made a motion, seconded by Mr. Stewart, that the Board certifies that, to the best of each member’s knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed; and only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered. The motion was approved (ayes 9, nays 0).

17. Vote on Remaining Action Items:

Ms. Smith-Jones made a motion, seconded by Mr. Fissinger, that the Board adopt the appointments, resignations and retirements listed on the September 18, 2007 Personnel Report as presented. The motion was approved (ayes 9, nays 0).

Ms. Smith-Jones made a motion, seconded by Ms. Edmonson, that the Board adopt a resolution regarding Case No. 437-08-10-07 for placement of employee on probation. The motion was approved (ayes 9, nays 0) and the resolution adopted as follows:

RESOLUTION REGARDING EMPLOYEE CASE NO. 437-08-10-07

RESOLVED: That on September 18, 2007, the School Board considered the Superintendent’s August 10, 2007 recommendation for twelve months probation with a six percent (6%) reduction in compensation for the above noted Employee and a chronology of significant events prepared to support the recommendation; and

RESOLVED: That the Employee received written notice of the recommendation and did not request a hearing before the School Board or a Fact Finding Panel to grieve the Superintendent’s recommendation; and

RESOLVED: That the School Board adopts the Superintendent’s reasons for recommending probation as stated in his August 10, 2007 letter to the Employee and hereby places the Employee on twelve months probation with a six percent (6%) reduction in compensation effective September 19, 2007. During such probation, the Employee shall not be eligible for bonuses or other increases in pay.

FURTHER RESOLVED: That the Clerk is directed to send a copy of this resolution to the Employee, the Principal of Tallwood High School, the City Attorney, the Compliance Specialist and the Assistant Superintendent of Human Resources, who is directed to place a copy of this resolution in the Employee’s personnel file.

Mr. Stewart made a motion, seconded by Ms. Davis, that the Board adopt a resolution authorizing reimbursement of legal fees for an employee. The motion was approved (ayes 9, nays 0) and the resolution adopted as follows:

RESOLUTION REGARDING REIMBURSEMENT OF EMPLOYEE LEGAL FEES

RESOLVED: That on November 3, 2006, a Landstown Middle School teacher was charged with assault and battery of a student related to a football practice incident; and

RESOLVED: That the charge against the teacher was dismissed by the Virginia Beach Juvenile and Domestic Relations District Court and the charge was later expunged from the teacher’s criminal record by the Circuit Court; and

RESOLVED: That the teacher and his attorney complied with the terms of School Board Policy 2-59 and the teacher now seeks reimbursement of $1,436.00 in legal fees incurred in defending this charge; and

RESOLVED: That School Board Policy 2-59 allows the School Board to reimburse an employee’s legal fees incurred as the result of a lawsuit filed against the employee in his/her official capacity and provided that the lawsuit is later dismissed against the employee.

Therefore, be it

RESOLVED: That the School Board authorizes reimbursement of the teacher’s costs in the amount of $1,436.00.

FURTHER RESOLVED: That the Clerk is directed to send a copy of this resolution to the teacher, the City Attorney, the Chief Financial Officer and the Assistant Superintendent for Human Resources, who is directed to place a copy of this resolution in the teacher’s personnel file.

19. Adjournment: There being no further business before the Board, Chairman Edwards adjourned the meeting at 9:44 p.m.

Respectfully submitted,

Dianne P. Alexander, Clerk of the Board Approved: