THE SCHOOL BOARD OF

ESCAMBIA COUNTY, FLORIDA

MINUTES, OCTOBER 14, 2004

            The School Board of Escambia County, Florida, convened in Special Meeting at 3:00 p.m., in the Board Room, at the Dr. Vernon McDaniel Building, 215 West Garden Street, Pensacola, Florida, with the following present: 

            Chairman:                     Mrs. Cary Stidham                   

            Vice Chairman:             Dr. John DeWitt (not present)

            Board Members:           Mr. Gary Bergosh 

                                                Mr. Ronnie L. Clark (not present)  

                                                Ms. Linda Finkelstein

            School Board General Counsel:        Mrs. Ellen D. Odom

            Superintendent of Schools:               Mr. Norm Ross, Deputy Superintendent (representing Mr. Jim Paul) 

                    I.               CALL TO ORDER/ADOPTION OF AGENDA

Mrs. Stidham called the Special Meeting to order at 3:00 p.m.  On motion by Ms. Finkelstein and second by Mr. Bergosh, adoption of the agenda was approved 3 to 0, with Dr. DeWitt and Mr. Clark absent for vote.

                 II.               ITEMS FROM THE GENERAL COUNSEL

1.       Discussion of pending litigation matters

a.   Florida Microsoft Class Action Settlement

Motion by Mr. Bergosh, seconded by Ms. Finkelstein, to accept the General Counsel’s recommendation to accept the Florida Microsoft Class Action Settlement, was approved 3 to 0, with Dr. DeWitt and Mr. Clark absent for vote.  

b.   Agreement with Energy Education

(NOTE: Two items related to the “Agreement with Energy Education” (positions and Personnel Planning Document changes) were postponed at the September Regular Meeting, as there were concerns that the condition of District facilities after Hurricane Ivan would impact the validity of the “base year” calculation.)  Mr. Shawn Dennis, Assistant Superintendent for Operations, advised that he had discussed the Board’s concerns with a representative of Energy Educators, Inc., and had asked that representative confirm those discussions in writing.  He indicated that he would forward that information to the Board as soon as it was received.  Upon inquiry by Ms. Finkelstein, Mr. Ross indicated that the Superintendent’s recommendation would be to “move forward” with the positions and Personnel Planning Document changes that were a part of the Agreement with Energy Education.  Mrs. Odom recommended waiting until the October Regular Meeting once the Board had an opportunity to “see what they (Energy Educators, Inc.) are willing to put in writing.”  

c.       Release and Settlement Agreement between AT&T Corp. and Escambia County School

Motion by Mr. Bergosh, seconded by Ms. Finkelstein, to accept the General Counsel’s recommendation to accept the Release and Settlement Agreement between AT&T Corp. and Escambia County School, was approved 3 to 0, with Dr. DeWitt and Mr. Clark absent for vote.  

d.       Unique School Age Child Care, Inc.

Mrs. Odom advised that Unique School Age Child Care, Inc. was indebted to the District in the amount of $6,488.50.  She noted that there had been numerous efforts made to contact Juanita Kirby (President) and Denise Kirby (Vice-President), but to no avail.  She questioned whether the Board wished to “write this off as a loss” or pursue legal action to recover the money.  The Board indicated that they would prefer “more information” on this issue, before they would consider writing the amount off as a loss. 

               III.               REQUEST FOR EXECUTIVE SESSION TO EVALUATE CLAIMS OR OFFERS OF COMPROMISE OF CLAIMS FILED WITH THE DISTRICT RISK MANAGEMENT PROGRAM REGARDING GENERAL LIABILITY CLAIM  #03-00050-000

At 3:30 p.m., Mrs. Odom requested that the Board convene in Executive Session in the Superintendent’s Conference Room, in order to evaluate claims or offers of compromise of claims filed with the District Risk Management Program regarding General Liability Claim #03-00050-000.

              IV.               ADJOURNMENT

Following Executive Session, the Board returned to the Board Room and a motion was made by Mr. Bergosh and seconded by Ms. Finkelstein, to adjourn the Special Meeting at 4:00 p.m.  Motion was approved 3 to 0, with Dr. DeWitt and Mr. Clark absent for vote.   

Attest:                                                             Approved:

________________________________                    ________________________________

            Superintendent                                                  Chairman