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School Board of Miami-Dade County Public Schools
 

Excerpts of Unofficial Meeting Minutes

September 7, 2010

The School Board publishes MINUTES of its meetings as soon as possible after each meeting. The EXCERPTS from the latest meeting are provided below as an unofficial review of the actions taken. Citizens may arrange to review the official minutes by calling the Department of Information Services at 995-1126.

THE SCHOOL BOARD OF DADE COUNTY, FLORIDA

1450 Northeast Second Avenue

Miami, Florida 33132

Excerpts from Unofficial Minutes of September 7, 2010 School Board Meeting

APPROVED Bid Opening Lists of August 5, 17, and 19, 2010.

APPROVED Minutes of the July 28, 2010 Class Size Strategies Public Hearing, July 28, 2010 Budget Public Hearing, and August 4, 2010 School Board meeting.

114,361 **** CORRECTED Page 18, Agenda Item G-1 , of the July 14, 2010 School Board meeting minutes, by unanimous vote.

114,362 A-1 HEARD Superintendent’s Informational Reports to the Board on selected topics.

114,363 A-2 ADOPTED The amended School Board rules 6Gx13-8C- 1.212, Cone of Silence, and 6Gx13-8C-1.21, Lobbyists; and authorized the Superintendent to file the rules with The School Board of Miami-Dade County, Florida, to be effective September 7, 2010.

********* C-1 WITHDREW Request for authorization for the Superintendent to enter into a District Interinstitutional Articulation Agreement between The School Board of Miami-Dade County, Florida, and Miami Dade College (MDC).

114,364 C-70 APPROVED The out-of-state field trip to tour Ivy League universities in Pennsylvania, Connecticut, New Jersey, New York, Rhode Island, and Massachusetts for the students at the School for Advanced Studies, November 15 -19, 2010.

114,365 C-80 AUTHORIZED The acceptance of grant awards for eight programs from multiple funding sources, as delineated in the agenda item.

114,366 C-100 AUTHORIZED The initiation of rulemaking proceedings, in accordance with the Administrative Procedure Act, to amend School Board Rule 6Gx13- 5B-1.04, Promotion, Placement, and Graduation - Grades K-12 and Adult, and amend the document, Student Progression Plan 2009-2010, which is incorporated by reference and is part of this rule.

114,367 C-101 WITHDREW* The initiation of rulemaking proceedings, in accordance with the Administrative Procedure Act to promulgate new Board Rule 6Gx13-5D-1.082, Sexting; and adopt new document, Empowering Students to Engage in Positive Communication: A Guide to Combat Student Sexting Procedures Manual.

* Withdrawn following discussion.

114,368 D-1 AUTHORIZED The Superintendent of Schools to update the Miami-Dade County Public Schools Master Plan for In-service Education 2009-2014.

114,369 D-20 APPROVED The instructional and non-instructional appointments, reassignments, leaves, and separations as included in Personnel Action Listing 1015.

114,370 D-21 APPROVED The recommendations as set forth [in the agenda item] for appointments and lateral transfers, to be effective September 8, 2010, or as soon thereafter as can be facilitated, with the exception of the effective dates as noted throughout the agenda item.

******** D-22 WITHDREW Request for approval of the proposed Memorandum of Understanding between Miami-Dade County Public Schools and the United Teachers of Dade to implement the Turnaround/ Transformation Intervention Model Schools for the 2010-2011 school year.

114,371 D-55 AUTHORIZED The suspension of Ms. Theresa P. Williams, School Bus Driver at Central East Transportation Center, for 30 calendar days without pay, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing or grievance/arbitration process, if requested.

114,372 D-56 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Mr. Jorge J. Capmany, Teacher at Miami Coral Park Senior High School, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,373 D-57 AUTHORIZED The suspension of Ms. Judith E. Grey, Teacher at Ludlam Elementary School, for 30 workdays without pay, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,374 D-58 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Mr. Jeffery Eskridge, School Security Monitor at Miami Norland Senior High School, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,375 D-59 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Mr. Luis G. Guerrero, Teacher at Miami Coral Park Senior High School, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,376 D-60 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Ms. Martha Trejo, Food Service Worker at Felix Varela Senior High School, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,377 D-62 APPROVED The Superintendent’s recommendations for the disciplinary actions which have been agreed to by each employee listed in the agenda item, effective at the close of the workday on September 7, 2010.

114,378 D-63 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Mr. Eric R. Cohen, Teacher at William H. Turner Technical High School, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,379 D-64 AUTHORIZED The suspension without pay, and the initiation of dismissal proceedings against Mr. Shannon D. Pierce, School Security Monitor at Young Men’s Preparatory Academy, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

114,380 D-65 AUTHORIZED The suspension of Ms. Ana B. Garcia, Teacher at South Miami Heights Elementary School, for 30 workdays without pay, effective at the close of the workday on September 7, 2010, pending the outcome of a hearing, if requested.

******** D-66 WITHDREW Disciplinary action for employee.

114,381 E-1 APPROVED The Annual Financial Report for 2009-10 and the Florida Education Finance Program Cost Report for 2009-10; and authorized the Superintendent to submit the approved reports to the Florida Department of Education.

114,382 E-2 APPROVED The Non-Expendable Personal Property Inventory Deletions containing 2,612 items with a depreciated cost of $1,360,688, and Recoveries containing 9 items with a depreciated cost of $102,969, to update the records for April, May and June 2010.

114,383 E-14 ADOPTED The following millage rates: a) locally levied Discretionary Operating millage levy of .698 mills and Capital Outlay millage levy of 1.55 mills. There is no increase in the locally levied millage from the prior year. b) state established and Required Local Effort millage levy of 5.616 mills; c) Debt Service levy of .385 mills; and adopted the millage resolution for FY2010-11 for a total of 8.249 mills.

114,384 E-15 ADOPTED The Educational Facilities Plan and the Five-Year Facilities Work Program for 2010-11 through 2014-15; and authorized the Superintendent to make minor budget, project and schedule adjustments, if necessary, and report in writing to the Board.

114,385 E-16 ADOPTED The FY2010-11 Annual Budget by approving changes from the Tentative Adopted Budget as enumerated on pages 2 through 12, and the revenues and appropriations delineated on the official state budget forms and including any amendments approved by the Board following the public hearing on September 7, 2010.

114,386 E-17 ADOPTED Resolution No. 3, FY2009-10 General Fund Final Budget Review, decreasing revenues and appropriations by $17,076,096; and the Summary of Revenues and Appropriations, and the Summary of Appropriations by Function.

114,387 E-18 ADOPTED Resolution No. 3, FY2009-10 Capital Outlay Budget Funds Final Budget Review, decreasing revenues, appropriations, and reserves by $11,232,254, and documenting estimated changes in object codes, as described in the agenda item and summarized on Page 4; and authorized changes to the Five-Year Facilities Work Program which result from Resolution No. 3, FY2009-10 Capital Outlay Funds Final Budget Review.

114,388 E-19 APPROVED Resolution No. 2, FY2009-10 Debt Service Funds Final Budget Review, (1) recognizing changes in revenue, non-revenue sources, and transfers in from other funds, and (2) amending appropriations.

114,389 E-20 ADOPTED Resolution No. 3, FY2009-10 Contracted Programs Fund Final Budget Review, increasing revenues and appropriations by $4,706,074; the Summary of Revenues and Appropriations (Page 2 of the agenda item), and the Summary of Appropriations by Function (Page 4 of the agenda item).

114,390 E-21 ADOPTED Resolution No. 3, FY2009-10 American Recovery and Reinvestment Act Fund State Stabilization K-12 Final Budget Review, increasing revenues and appropriations by $6,064,64; Resolution No. 3, FY2009-10 American Recovery and Reinvestment Act Fund Special Revenue Final Budget Review, increasing revenues and appropriations by $8,340,200; and the Summary of Revenues and Appropriations (Page 2), and the Summary of Appropriations by Function (Page 4).

114,391 E-22 APPROVED Resolution No. 2, FY2009-2010, Food Service Fund Final Budget Review, increasing revenues and appropriations and ending fund balance by $4,819,134.

114,392 E-23 ADOPTED Resolution No. 1, the FY2009-10 Miscellaneous Special Revenue – School Board Law Enforcement Trust Fund – Final Budget Review, increasing revenues, appropriations and ending fund balance by $97,408 as shown on the schedule on Page 3 of 4 of the agenda item; and Resolution No. 1, the FY2009-10 Miscellaneous Special Revenue – School Board Special Events Trust Fund - Final Budget Review, reducing
revenues, appropriations and ending fund balance by ($166,327) as shown on the schedule on Page 4 of 4 of the agenda item.

114,393 E-24 ADOPTED Resolution No. 2, the FY2009-10 Internal Service Fund - Final Budget Review, increasing revenues and appropriations by $18,329,004 as shown on the schedule on Page 2 of 2 of the agenda item.

114,394 E-25 ADOPTED Resolution No. 1, the FY2009-10 Fiduciary Fund - Pension Trust - Final Budget Review, increasing revenues, appropriations and fund balance by $1,942,453 as shown on the schedule on Page 2 of 2 of the agenda item.

114,395 E-26 ADOPTED Resolution No. 2 to provide flexibility for the selected Categorical Programs as shown in the agenda item, in the amount of $28,287,745.88 for FY2009-10.

114,396 E-27 ADOPTED Resolution No. 1 to provide flexibility for the selected FY2010-11 Categorical Programs as shown in the agenda item, in the amount of $18,351,701.

114,397 E-28 AUTHORIZED The Superintendent to hire teachers to support the goal of the Education Jobs Fund Program and bring the grant award to the Board at the first meeting after its receipt.

114,398 E-66 AUTHORIZED The Superintendent of Schools to issue a Request for Qualifications #004-LL10, Property and Casualty Insurance Broker Services; and approved the composition of the Ad-Hoc Committee.

114,399 E-67 CONFIRMED The existence of Commercial Liability Insurance coverage for New World School of the Arts, effective August 13, 2010 to August 13, 2011, with total premiums for such coverage totaling $29,826.21; and authorized reimbursement of one-half of the total annual premium for New World School of the Arts to Miami-Dade
College, in the amount of $14,913.10.

114,400 E-76 AUTHORIZED The Superintendent to form an Education Compact between Miami-Dade County Public Schools and the Village of Pinecrest.

114,401 E-77 AUTHORIZED The Superintendent to form an Education Compact between Miami-Dade County Public Schools and The City of Sweetwater.

114,402 E-141 AWARDED Bid No. 003-KK08 – Physical Examinations – Bus Drivers, North of Flagler Street, to Work Injury Solutions of Dade County, Inc., effective September 7, 2010 through September 6, 2012, as delineated in the agenda item.

114,403 E-142 RECEIVED The report of purchases made within guidelines of Board Rule 6Gx13-3C-1.10 – Purchase Approval.

114,404 E-144 AWARDED Partial Bid No. 071-KK03 – Delivered Bakery Products, to Flowers Baking Co. of Miami, LLC, effective September 7, 2010 through December31, 2011, as delineated in the agenda item.

114,405 E-145 AUTHORIZED The Office of the School Board Attorney to enter into contractual services agreements with various agencies as delineated in the agenda item, pursuant to Request For Proposals No. 074-KK10 – Court-Reporting Services, effective September 7, 2010 through September 6, 2013.

114,406 E-146 AUTHORIZED The Office of the School Board Attorney to enter into contractual services agreements with various agencies as delineated in the agenda item, pursuant to Request For Proposals No. 075-KK10 – Legal Translation and Interpretation Services, effective September7, 2010 through September 6, 2013.

114,407 E-147 AUTHORIZED The Superintendent of Schools to enter into contractual services agreements with various agencies, as delineated in the agenda item, to purchase advertising space on School Board properties as a means to generate revenues to schools for interscholastic athletics and activities at secondary schools, special programs and activities at the elementary school level, as well as revenues for other Miami-Dade County Public Schools programs, during the termof the proposal, effective September 7, 2010 through September 6, 2012.

114,408 E-201 AUTHORIZED Rulemaking proceedings, in accordance with the Administrative Procedure Act, to amend School Board Rule 6Gx13-3A-1.012, Treasury Policies: Debt Management; Fund Balance Reserve; Warrants and Electronic Transfers, and the document Debt Management Policies, which is incorporated by reference and made part of this rule.

114,409 F-1 AUTHORIZED The renewal of the Parking Permit Agreement between the Board (as Lessee) and the Miami Parking Authority (as Lessor), for up to 90 parking decals per month, at a rental rate of $32.50 per decal per month, for staff working at the SBAB complex, for the period commencing October 1, 2010 and ending September 30, 2012. All other terms and conditions of the Agreement will remain unchanged.

114,410 F-3 AUTHORIZED The renewal of the License Agreement with the City of Miami for the use of five City of Miami parks, with the Board to reimburse the City for 60% of its actual costs. The term of the renewal option period will commence October 1, 2010, and will end September 30, 2015. All other terms and conditions of the License Agreement will remain unchanged.

114,411 F-5 RATIFIED The Memorandum of Understanding with the University of Miami for interim use of the John J. Koubek Memorial Center, located at 2705 SW 3 Street, Miami, to house the 9th grade of the International Studies Preparatory Academy at Gables for the 2010-11 school year, substantially in conformance with the terms and conditions set forth in the agenda item; and authorized the Superintendent to execute any and all other
documents as may be required.

114,412 F-6 ADOPTED The Master Plan for TERRA Environmental Research Institute (State School YYY-1) for purposes of submitting it to the U.S. Green Building Council (USGBC), under its “LEED® for Schools” V2.0 Gold certification process.

114,413 F-7 AUTHORIZED Staff to explore the feasibility of Board operation of its Board-owned parking facilities in the general vicinity of the SBAB, as a revenue generation measure.

114,414 F-22 COMMISSIONED The firm of Coastal Construction of Monroe, Inc., d/b/a Coastal Construction Company, as Construction Management at-Risk firm for the Partial Replacement at North Dade Middle School and North Dade Center for Modern Languages Elementary School, Project No. 00700800, for the following considerations: a total fee of $105,000 for pre-construction services; and the Project Scope and the Terms and Conditions, items 1 through 7, as set forth in the body of the agenda item.

114,415 F-23 COMMISSIONED Corzo Castella Carballo Thompson Salman, P.A. and CSA Central, Inc., to provide Tier 2 Special Projects Consultant - Mechanical Engineering Services for Miscellaneous Projects up to $1.0 million each, as follows: fees based on the schedules of fees in the agenda item; and all other Terms and Conditions as set forth in the body of the agenda item and the Agreement.

114,416 F-24 TERMINATED The Agreement, for convenience, with Jasco Construction Company as Construction Management at-Risk firm for Deferred Maintenance Package #7, General Repairs and Rehabilitation at Bunche Park Elementary School, Project No. 00258100; Carol City Elementary School, Project No. 00258300; and Nathan Young Elementary School, Project No. A01119, pursuant to the terms and conditions stated in the body of the agenda item.

114,417 F-30 REJECTED All bids on Project No. A0101303, Phase IV- New Facility, Renovation, Remodeling, and Site Improvement at Miami Central Senior High School, because the low responsive bidder failed to comply with MBE goals and the subsequent low bid is over the budget; and directed the Superintendent to revise the bid documents,
authorize advertisement and rebidding of the project, beginning on September 13, 2010.

114,418 F-32 APPROVED The GMP for Stobs Brothers Construction Company, Project No. A01095, Deferred Maintenance Package #3, Remediation Renovations at Hialeah Middle and Amelia Earhart Elementary schools, in the amount of $5,188,726 which includes a contingency in the amount of $471,702.

114,419 F-34 CONFIRMED/APPROVED Various Change Orders on various projects, as delineated in the agenda item.

114,420 F-60 ACCEPTED Request For Qualifications No. 047-KK10 – Appraisals and Appraisal-Related Services, as delineated in the agenda item, effective September 12, 2010 through September 11, 2012.

114,421 F-61 REJECTED Bid No. 055-KK09 – Maintenance Inspection Deficiency Repairs and Renovations.

114,422 F-63 AWARDED Partial Bid No. 005-LL06 – Paint, to various vendors, as delineated in the agenda item, effective September 7, 2010 through September 6, 2011.

114,423 F-80 APPROVED The prequalification, renewal, and renewal/increase certifications of contractors as indicated on Attachment A, pages 1 through 5 of the agenda item.

114,424 G-1 ENTERED A Final Order in the case of The School Board of Miami-Dade County, Florida v. Jamillah Peters, DOAH Case No. 09-5253, adopting the Administrative Law Judge’s Recommended Order and suspending Respondent without pay for thirty (30) workdays.

114,425 G-2 APPROVED The Settlement Agreement in the case of The School Board of Miami-Dade County, Florida v. Katina Benton, DOAH Case No. 09-6612, suspending Respondent without pay from November 17, 2009 through, and until, the effective date of her reinstatement to employment with the School District.

114,426 G-3 APPROVED The Settlement Agreement in the case of The School Board of Miami-Dade County, Florida v. Alexandria Gibson, DOAH Case No. 09-6611, accepting the resignation of Respondent and issuing a lump sum payment to Respondent in the amount of $2,500.00.

********* G-4 WITHDREW Yearly Report to the Board [from the School Board Attorney’s Office].

114,427 G-6 APPROVED/RATIFIED The law enforcement Mutual Aid Agreement between Miami-Dade County and The School Board for voluntary cooperation and operatioal assistance, as attached to the agenda item.

114,428 G-7 APPROVED The proposed settlement agreement in the case of Crisal Construction Co., Inc. v. The School Board of Miami-Dade County, Florida, Case No. 03-12504 CA 13, authorizing payment in the amount of $46,500.00 in the manner prescribed in the agenda item and as more fully described in the Settlement Agreement; and approved the Settlement Agreement and Release.

114,429 G-8 AUTHORIZED The Board Attorney to enter into a contract with Cole, Scott & Kissane, P.A., to represent The School Board of Miami-Dade County, Florida, in the case styled: Rafael Cruz Peinado, as Personal Representative of the Estate of Juan Carlos Rivera v. The Miami-Dade County School Board, Case No. 10-25414 CA 21. The firm of Cole, Scott & Kissane, P.A., will be compensated at the rate of $190 per hour for partners, $155 per hour for associates, and $90 per hour for paralegals.

********* G-9 WITHDREW Request for authorization for the School Board Attorney to make an offer of judgment in an amount not to exceed Twenty-Five Thousand and No/100 Dollars ($25,000.00), in the case styled: Justin Koren v. School Board of Miami-Dade County and Deborah Leal, Circuit Court Case No. 09-40760 CA 02.

114,430 H-3 APPROVED Resolution No. 10-084 of The School Board of Miami-Dade County, Florida, recognizing October 4-15, 2010 as Disability History and Awareness Weeks.

114,431 H-4 APPROVED Resolution No. 10-085 of The School Board of Miami-Dade County, Florida, recognizing Dr. Consuelo Vidaillet Domínguez.

114,432 H-5 DIRECTED The Superintendent to come up with a comprehensive plan in order to mitigate the negative emotional and educational impact that foreclosures cause on M-DCPS students and their families.

114,433 H-6 APPROVED Resolution No. 10-086 of The School Board of Miami-Dade County, Florida, recognizing Com-missioner Katy Sorenson.

114,434 H-7 DIRECTED The Superintendent to continue encouraging student participation in the School Breakfast Program at all Miami-Dade County Public Schools; and encourage adult participation, if feasible, in the School Breakfast Program on October 6, 2010, in conjunction with the International “Walk Our Children to School Day.”

114,435 H-8 APPROVED Resolution No. 10-087 of The School Board of Miami-Dade County, Florida, recognizing Mr. Alan Rigerman for his commitment, dedication, and contributions to Miami-Dade County Public Schools.

114,436 H-9 ADOPTED Resolution No. 10-083 of The School Board of Miami-Dade County, Florida, proclaiming the week of October 11-15, 2010, as National School Lunch Week.

114,437 H-10 APPROVED Resolution No. 10-088 of The School Board of Miami-Dade County, Florida, recognizing the achievements of the Archimedean schools.

Adjourned

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