The School Board of Escambia County, Florida, convened in Special Meeting at 3:30 p.m., in the Board Room, at the Dr. Vernon McDaniel (Administration) Building, 215 West Garden Street, Pensacola, Florida, with the following present:

Chairman: Dr. John DeWitt                

Vice Chairman:  Ms. Linda Finkelstein

Board Members: Mr. Gary L. Bergosh

Mrs. Cary Stidham

Dr. Elmer Jenkins

School Board Attorney: Mr. Francisco M. Negron, Jr.

Superintendent of Schools: Mr. Jim Paul

I. CALL TO ORDER

Dr. DeWitt called the Special Meeting to order at 3:30 p.m.

II. ADOPTION OF AGENDA

On motion made by Ms. Finkelstein and seconded by Mr. Bergosh, adoption of the agenda was approved unanimously.

III. CHARTER SCHOOL ISSUES (Supplementary Minute Book, Exhibit “A”)

Charter Agreement between the School Board of Escambia County and Byrneville Elementary School

Motion was made by Ms. Finkelstein, seconded by Mrs. Stidham, to accept the Superintendent’s recommendation for approval of the “Charter Agreement between the School Board of Escambia County and Byrneville Elementary School.”  Dr. Jenkins noted that previous Board action (of May 15, 2001 Regular Meeting) required that all charter school contracts include language to demonstrate that they are working to increase minority (black) enrollment by describing what type of marketing approaches they are using.  Mr. Charles Thomas, Director of Alternative Education, stated the ‘charter application’ for Byrneville Elementary School (approved by the Board at the November 20, 2001 Regular Meeting) indicated “that they would market to students in the community, in an effort to maintain a student body racial balance representative of the surrounding community.”  Dr. DeWitt noted that language with the agreement indicated that Byrneville Elementary School (Charter) “agrees to provide transportation for students enrolled in the charter in accordance with the provisions of charter school law. (FL Statutes 228.056).  The bus(es) will be provided by the school district for charter usage.”  Upon inquiry by Dr. DeWitt, Mr. Thomas confirmed that the language regarding ‘buses’ was consistent with the proposed rule [School District Rule 6Gx17-6.11 – Bus Donation and Emergency Transfer Provisions (Charter Schools)] being presented for advertisement approval at the June 18, 2002 Regular Meeting.  In response to concerns expressed by Dr. Jenkins, Mr. Negron suggested that the language regarding ‘buses’ be amended to read “The bus(es) will be provided by the school district for charter usage as provided by School Board rule.”  Ms. Finkelstein and Mrs. Stidham accepted that as a “friendly amendment.”  Motion to approve the “Charter Agreement between the School Board of Escambia County and Byrneville Elementary School” as amended, was approved unanimously. 

Charter Agreement between the School Board of Escambia County and Pensacola Beach Elementary School

 Motion was made by Dr. DeWitt, seconded by Dr. Jenkins, to accept the Superintendent’s recommendation for approval of the “Charter Agreement between the School Board of Escambia County and Pensacola Beach Elementary School.”  Mr. Charles Thomas, Director of Alternative Education noted that at the request of Mr. Negron, an item within the agreement regarding a “Capital Improvement Project, General Renovations” (similar to an item included in the “Charter Agreement between the School Board of Escambia County and Byrneville Elementary School”) had been deleted. 

Motion was made by Dr. DeWitt to amend the “Charter Agreement between the School Board of Escambia County and Pensacola Beach Elementary School” to include “the original sales tax dollars” with a budget of $200,000 to proceed with the Capital Improvement Project, General Renovations for the multi-purpose room at Pensacola Beach Elementary.  Dr. Jenkins seconded the motion for discussion purposes.  Dr. DeWitt stated that many concerns had been expressed regarding the One Half Cent Sales Tax project that was advertised and “promised to the school (Pensacola Beach Elementary) five years ago.”  He explained that the physical property of Pensacola Beach Elementary School was never ‘owned’ by the District but rather ‘leased’ from Santa Rosa Island Authority.  He noted that Pensacola Beach Elementary School (Charter) had structured a lease with Santa Rosa Island Authority that in the event the school should close, the property would immediately revert to the District, so “we’ll have full ownership of the land again and of the building.”  He reminded the Board that the referendum for extension of the One Half Cent Sales Tax was on the “ballot for September 10, 2002” and believed that if the “promise” to Pensacola Beach Elementary School was not fulfilled, a “significant number of votes” would be lost.  Upon inquiry by Mrs. Stidham, Mr. Negron stated that the Districts’ lease with Santa Rosa Island Authority would terminate on June 30, 2002 at which time, he understood that Santa Rosa Island Authority would then lease the property to Pensacola Beach Elementary School (Charter).  Mr. Negron referred to a similar situation involving Clay County (Florida) “where there is an Attorney General opinion” which states that “sales tax money cannot be used for leases – for property that public agency leases.” He stated that in his opinion, given the unique property situation of Santa Rosa Island, (“the fact is that nobody owns any of the land – it is all leased”) there “might be some exception.”  He believed that the Board should direct him to seek an Attorney General’s opinion on this issue and noted that “without that then it’s my opinion that we certainly cannot do it.”  Dr. Jenkins suggested that this issue be postponed until an Attorney General’s opinion was sought and received. 

The Board recognized Mr. Jeffrey Gill, attorney for Pensacola Beach Elementary School (Charter), who stated that “this is a time sensitive situation” and explained that Pensacola Beach Elementary School (Charter) “cannot wait for an Attorney General’s opinion.”  He noted that the project for the multi-purpose room was promised “five years ago.”

Mr. Negron reiterated his opinion that “surtax money cannot flow to non-public property or to non-District owned property” and referred to the Attorney General’s opinion regarding the situation in Clay County (Florida) that “no money can flow from the sales tax funds to leased property.”  Mrs. Stidham questioned how Pensacola Beach Elementary School (Charter) could structure a lease with Santa Rosa Island Authority that in the event the school should close, the property would revert to the District, “without our agreement.”  She stated that she did not “want to see property reverting to the District that we would have liability for.”  After discussion, Mr. Negron stated that the Board “could obligate funds to allocate towards this project with no funds to be expended until an Attorney General’s opinion is received.”  After further discussion, Dr. DeWitt, at the advice of Mr. Negron, amended his motion to read that the “Charter Agreement between the School Board of Escambia County and Pensacola Beach Elementary School” include the following paragraph, “To proceed with the Capital Improvement Project, General Renovations, with a project budget of $200,000, as approved by the School Board of Escambia County on April 22, 1997, provided that the Attorney General’s opinion authorizes the disbursement of One Half Cent Discretionary Sales Surtax funds to fund the project (with a direction to the Superintendent to not engage in any activity that requires expenditure of funds until the Attorney General’s opinion is received.)  Amended motion was seconded by Dr. Jenkins and failed 3 to 2 with Mrs. Stidham, Ms. Finkelstein and Dr. Jenkins voting “No.”  Original motion to accept the Superintendent’s recommendation for approval of the “Charter Agreement between the School Board of Escambia County and Pensacola Beach Elementary School” was approved unanimously.  Dr. DeWitt noted that he would place an item on the June 18, 2002 Regular Meeting agenda regarding this issue.  Motion by Dr. DeWitt, seconded by Ms. Finkelstein to direct Mr. Negron to “seek an opinion from the Attorney General” regarding whether One Half Cent Discretionary Sales Surtax funds under Section 212.055(6) Florida Statutes may be used to fund the Capital Improvement Project, General Renovations project for Pensacola Beach Elementary School, was approved unanimously.

IV. ADJOURNMENT

There being no further business, the Special Meeting adjourned at 4:40 p.m.

Attest:  Approved:

Superintendent     Chairman