03-10-2009 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, March 10, 2009, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in The Eagle newspaper on Thursday, March 5, 2009 and the affidavit of publication with a copy of the ad attached is filed in the Affidavit File in the Board Office.

A-1. Call to Order
1. Call to Order

Minutes: Chairman Robert Jordan called the School Board Meeting of March 10, 2009 to order at 5:30 p.m.

A-2. Roll Call
2. Roll Call


Members Present: Karen Henderson, Amy Kneessy, Robert Jordan, Andy Ziegler, Dr. Barbara Murray

Chairman Jordan asked for a moment of silence for Jessica Krell, teacher at South Lake Elementary School, and Dixie Shawver Beaulieu, retired district employee from Clearlake Middle School, who passed away.

A-3. Invocation (Ashley Lipscomb, 12 Grade, Rockledge High School)
3. Invocation

Minutes: The Invocation was led by Ashley Lipscomb, 12th grade student, Rockledge High School.

A-4. Pledge of Allegiance (Casey Morrison, 12th Grade, Rockledge High School)
4. Pledge of Allegiance


The Pledge of Allegiance was led by Casey Morrison, 12th grade student, Rockledge High School.

Ginnette Ward,10th grade student from Rockledge High School sang the National Anthem.

A-5. Entertainment (Piece of the Rock Show Choir, Rockledge High)
5. Entertainment


The Rockledge High School Show Choir "Piece of the Rock", under the direction of Music Director, Lamont Hogan, entertained the Board and the audience with a musical number.

The Chair called for a break at 5:48 p.m.
The meeting reconvened at 5:51 p.m.


A-6. Emergency Item
A-7. Adoption of Agenda
6. Adoption of Agenda


Dr. DiPatri read the following changes into the agenda:

Presentation Additions
D-10.   Update of Federal Stimulus Package

Consent Additions
F-21.   Ratification of Contracts for the 2008-2009 and 2009-2010 Collective Bargaining Agreements between the School Board of Brevard County and the International Union of Painters and Allied Trades, District Council 78-Local 1010

Consent Revisions
F-12.    Student Expulsions
F-32.   Demolish Two buildings at Rockledge High School

Action Additions
G-36.   Option Provision on $56,000,000 Certificates of Participation

Information Additions
H-41.   Renew the 2009-2010 Property Insurance Policies

Information Revisions
H-43.   Palm Bay High School MCJROTC Trip to Ft. Benning, Columbus, Georgia


Approve the published agenda for the School Board meeting of March 10, 2009 and its revisions.- PASS
Vote Results
Motion: Karen Henderson
Second: Barbara Murray
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

B. Recognition of Visitors/Guests
B. Board Office/Superintendent

7. Award for Excellence in American History to Brevard County Schools


Chairman Robert Jordan took this opportunity to recognize Boy Scout Troop 224-Suntree United Methodist Church.

Dr. DiPatri introduced Judith Creamer, Regent, Abigail Wright Chamberlain Chapter, Daughters of the American Revolution who presented Blair Nave, Social Studies/Early Childhood Resource Teacher for Elementary Programs, Bob McLaren, Social Studies/Language Arts Resource Teacher for Middle Schools Programs, Irene Ramnarine, Social Studies Resource Teacher for Secondary Program, and Brenda Blackburn, Associate Superintendent of Curriculum and Instruction with an award for Excellence in American History. This award was to recognize the outstanding participation of Brevard School in activities on Veterans Day, November 11, 2008.


B. Human Resources

8. National Board Recognition of New NBCTs and Renewal NBCTs
Attachment: 12-2008 Ten Largest Districts in Florida by percentage.pdf
Attachment: Copy of New NBCTS for December 1 2008.pdf
Attachment: NBCTs Renewed for Second 10 Years Feb 09.pdf
Attachment: 12-2008 Top 10 districts NBCT.pdf
Attachment: 12-2008 Top 10 Districts Nation Wide Total Pecentages NBCTS.pdf
Attachment: 12-2008 Top 10 districts in Florida by percentage.pdf

Dr. DiPatri thanked the School Board and the Brevard Federation of Teachers for their strong support of this program. He also commended Dr. Pat Shelton, Director of Certification and Instructional Professional Development for her dedication for leading the district and helping teachers achieve National Board Certification. Dr. DiPatri noted that Brevard Public Schools ranked second in the nation among the 20 largest districts for percentage of NBCTs and first in Florida among the large districts in percentage of NBCTs for the seventh year in a row. Dr. DiPatri also noted that Brevard Public Schools are tenth in the nation among the top 20 districts in number of NBCTs. There are currently 634 NCBTs actively working in all of our schools and two charter schools. We are moving toward our Strategic Plan goal to be among the top five districts nationally in both number and percentage. Dr. DiPatri introduced Dr. Shelton to say a few words about the rigorous process these teachers go through to be a NBCT.

Each of the 91 Brevard County teachers who received National Board Certification in December 2008 introduced his or herself and was congratulated by Chairman Robert Jordan, Dr. DiPatri, Dr. Shelton and BFT President Janet Eastman. The list of the 91 teachers is attached.

Dr. DiPatri mentioned there was a special NBCT group that was to be recognized. These teachers are the first in Brevard to successfully renew their NBCT certificates for another 10 years.  To accomplish this, the teacher had to produce a portfolio showing growth over the past ten years and pay an application fee of $1,150. Due to changes in the state law last year, the renewal application and the certification bonus no longer applies and the money is now paid for by the teacher whereas the state use to pay for 90 percent of the application fee. Please see the attached list for the names of the teachers receiving this special recognition.

Ms. Nancy Rehwoldt, teacher at Surfside Elementary, spoke on behalf of the renewal teachers, and thanked Dr. DiPatri for all of his support over the past nine years and said that he was their superhero.



B. Certification & Instructional Professional Development

9. SIFT Recognition for Scholarships to National Board Applicants


Dr. DiPatri announced that Summer Industrial Fellowship for Teachers (SIFT) organization donated $6,250 to support Brevard Public Schools' National Board Certified Teacher (NBCT) candidates for 2008-2009. This donation provided scholarships of $1,250 each for five Brevard teachers. The recipients are Christine Berrier, Atlantis Elementary;Michelle Ho-On, Suntree Elementary; Jessica Mutter, Melbourne High School;Sabrina Nobili, Melbourne High School; and Julee Segert, Merritt Island High School.

Dr. DiPatri thanked Ed O'Connor, President of the Board of Directors for SIFT and Don Beck, Executive Director of Sift for their continued support of high quality professional development and our National Board Certified Teachers program.

Chairman Jordan called for a five minute recess at 6:25 p.m.
The meeting was reconvened at 6:31 p.m.


C. Resolutions/Proclamations
D. Presentations
D. Board Office/ Superintendent

10. Update on Federal Stimulus Package
Attachment: stimulus.pdf

Dr. DiPatri introduced Judy Preston, Associate Superintendent of Financial Services,who presented to the Board information on the American Recovery and Reinvestment Act (Stimulus Package).

Dr. DiPatri gave background information for the public on the bonds and the private funding the district used for Heritage High School which occurred in February 2008. The district's financial adviser did an analysis and calculated that the Board will save the taxpayers 6.5 million dollars in debt services cost over the life of the project. Dr. DiPatri went on to explain that Dexia approached the district with an offer of relinquishing our ability to call the loan at the ten year mark (2018). In return for relinquishing the ability to call the loan, Dexia would offer the district a premium of 6.57 million dollars upfront.

Dr. DiPatri introduced the district's financial adviser, Mitch Owens from RBC Capital Markets, who explained to the Board why they should proceed with this offer and that it is a win-win situation for both companies involved. Dexia is willing to give the district the premium which they will be getting by canceling the existing swap Dexia has on the transaction. There were five different scenarios run on this transaction and they all are positive for the district.

Dr. DiPatri stressed the urgency of this item and his concern that Dexia would make this offer with another district if we took too long to make a decision and it is his opinion that the district should make this deal with Dexia.

Ms. Kneessy stated several of her concerns about the contract with Dexia and their solvency in the industry. She also questioned what would happen to the bonds if Dexia folded could they call this in sooner. Mr. Owens stated that was a legal question for the bond council, but his initial response is that Dexia does not have the right to call the bonds back.

Mr. Bisltine stated that he was 100 percent comfortable with this transaction and our obligation is to pay the bond even if Dexia sells them, our obligation remains the same. He stated that this is a very good deal for the district.

Mr. Ziegler requested clarification on the risk that was involved with this transaction with Dexia. Mr. Owens stated the reason for the rush on this item is to maximize our efforts and the dollars that would come back to the district in such a volatile market.

Mr. Ziegler questioned if the premium money from Dexia would have to be returned to capital funds by law or nature of where it was generated. Mr. Bistline stated because the project of building Heritage High School was funded from capital dollars.

Dr. DiPatri stated having that money would give the district a lot more flexibility since all of our capital last year was deferred. There is a possibility that the Legislature could give us more options in terms of how we are able to expend the 1.75 mil money.

Discussion ensued amongst the Board in regard to their opinions and questions on the transaction with Dexia.

Ms. Kneessy requested the district relook at the Title I Grant because of the Federal Stimulus dollars. She stated her concerns were because of the supplanting rules. Dr. DiPatri stated that now we know that the money is going to Title I and IDEA, we will examine the options and report back with our recommendations.

E. Public Discussion
11. Public Discussion


The Chair reminded the public that there is a maximum allotted time of three minutes per speaker set aside for discussion. He also stated that the Board would not respond to issues this evening but the Superintendent would investigate the concerns and respond in a timely manner. The following person(s) addressed the Board:

  1. Helme V. Walter, Merritt Island - Calendar
  2. Janet Eastman, BFT, Rockledge - Teachers
  3. Dan Bennett, BFT, Rockledge - Legislature
  4. Debra Greco, Local 1010, Orlando - Local 1010 Contract Ratification
  5. Kevin Chancellor, Palm Bay - Town Hall meeting

F. Consent
F. Board Office/Superintendent

12. Student Expulsion(s)
Attachment: Expulsions 3.10.09.pdf (Confidential Item)
13. Approval of Minutes
F. Accounting Services

16. Financial Statements for the Month of January, 2009
Attachment: January 2009 Financials.pdf
F. Purchasing & Warehouse

17. Purchasing Bids, RFPs, RFQs, Sales and Services Agreements
Attachment: 09-027BM Fencing - Furnish, Installation, Removal and Repairs.pdf
Attachment: 07002LH Building and Fire Inspection and Plan Review Services - Option Year 2.pdf
Attachment: 0902LH Design-Build Services for Dr. W.J. Creel Elementary Air Conditioning Replacement.pdf
F. Transportation

18. Isolated Transportation 2009, D.P.
F. Human Resources

19. Support Staff Recommendations
Attachment: Support Staff 03-10-09.pdf
20. Instructional Staff Recommendations
Attachment: Instructional Staff 03-10-09.pdf
F. Labor Relations

21. Ratification of Contracts for the 2008-2009 and 2009-2010 Collective Bargaining Agreements between the School Board of Brevard County and the International Union of Painters and Allied Trades, District Council 78 - Local 1010
Attachment: MOU - for ratification.pdf
F. Elementary Programs

22. Summer Opportunities for Advancement and Remediation (SOAR) 2009
F. Secondary Programs

23. Interinstitutional Articulation Agreement Between the School Board of Brevard County and Brevard Community College
Attachment: BCC BPS Proposed 2008 Articulation Agreement FINAL 1-27-09.pdf
F. Area I Superintendent

24. Eau Gallie High School FIRST Robotics Team to Attend the World Championship for Robotics in Atlanta, Georgia
Attachment: EGHS World Championship-Robotics.pdf
F. Area III Superintendent

25. Field Trip: Rockledge High, Cocoa Beach Jr/Sr High and Viera High Schools FIRST Robotics Team World Championship Event in Atlanta, Georgia
Attachment: Robotics-Atlanta 09.pdf
26. Field Trip: Edgewood JSHS, Merritt Island High and Jefferson Middle School Robotics Team #801 FIRST Palmetto Regional Competition at Clemson University, Clemson, SC
Attachment: Robotics SC 3_09.pdf
27. Field Trip: Merritt Island High Band to Washington, DC
Attachment: MIHS Band DC trip.pdf
28. Field Trip: Edgewood JSHS to Columbia Scholastic Press Association Conference Manhattan, NY
Attachment: Columbia Scholastic Press Conference 09.pdf
F. Area IV Superintendent

29. Eau Gallie High School's and Satellite High School's AFJROTC Cadet Incentive Flight Programs
F. Project Management

30. Reappoint School Board Representatives to Two (2) Local Planning Agencies
31. Certification of Florida Inventory of School Houses (FISH) Data
Attachment: FISH Certification Form.pdf
F. Plant Operation & Maintenance

32. Demolish Two Buildings at Rockledge High School
33. Demolish Two Buildings and One Portable
F. Approval of Consent

35. Approval of Consent Agenda

Approval of consent agenda with the exception of those items pulled for discussion.- PASS
Vote Results
Motion: Barbara Murray
Second: Amy Kneessy
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Items Pulled for Discussion
F. Budgeting, Cost Accounting & FTE

14. Budget Amendment #4 for the Operating Fund, 2008-09
Attachment: Budget Amendment #4.pdf
Attachment: BA January 31 2009.pdf

Mr. Ziegler pulled this item for clarification on two of the amended items. He questioned whether the budget should be adjusted to reflect the School Board salary reduction from the February 24, 2009 School Board meeting.

Karen Strickland, Director of Planning, Budgeting and Reporting, stated the Board salary reduction occurred in February and this Budget Amendment is for the month of January.

Mr. Ziegler questioned why the McKay Scholarships were amended to zero. Ms. Strickland explained that the district budgets an estimated amount at the beginning of the school year and by the third FEFP calculation it is taken off the books.

Approve resolution #4 to amend the Operating Fund Budget as of January 31, 2009.- PASS
Vote Results
Motion: Andrew Ziegler
Second: Barbara Murray
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

F. Accounting Services

15. Public Sale of Series 2009 Revenue Anticipation Notes
Attachment: R-Note-Res.pdf
Attachment: 2009 RAN POS.pdf
Minutes: Ms. Henderson pulled this item for explanation on the Revenue Anticipation Note. Jo Ann Clark, Director of Accounting Services, explained that every year the district refinances the note that we had the previous year by paying down a portion of that note with capital funding and refinance the other portion with a new note.

Adopt the attached resolution authorizing the issuance of Series 2009 Revenue Anticipation Notes (RAN) not to exceed $39,000,000, and to authorize the Superintendent or his designee to select the most favorable bid and execute the closing documents for the 2009 RAN on behalf of the School Board.- PASS
Vote Results
Motion: Karen Henderson
Second: Amy Kneessy
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

F. School Board Attorney

34. Entry of Final Order in Morse Communications Bid Protest; DOAH Case No. 08-5079-BID
Attachment: Final Order Exhibit A.pdf
Attachment: Recommended Order Exhibit B.pdf
Attachment: Morse's Exceptions Exhibit C.pdf

Ms. Kneessy pulled this item to state that she was very comfortable with the outcome of this case and that Mr. Bistline did a great job defending this case. She mentioned that she had concerns with the issues that were brought forward by Morse Communications. Ms. Kneessy requested a workshop for the Board to understand the bidding process.

Dr. Murray stated that she agreed with Ms. Kneessy and that we should look at our bidding process so that it does not put our employees in the position for accusation.

Mr. Bistline stated for clarification that there was more than one person that looked over this bid. Dr. DiPatri agreed and stated that the Board is reading the point of view from the other side and how they think it took place.

Discussion ensued amongst the Board in regard to the bidding process and communication with constituents.

Enter the Final Order dismissing the bid protest of Morse Communications, Inc.- PASS
Vote Results
Motion: Amy Kneessy
Second: Andrew Ziegler
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

G. Action
G. Accounting Services

36. Option Provision on $56,000,000 Certificates of Participation

Authorize the Superintendent or his designee to negotiate the transaction with Dexia Credit Local and to execute the necessary documents required for this transaction.- PASS
Vote Results
Motion: Barbara Murray
Second: Amy Kneessy
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye
Karen Henderson- Aye
Robert Jordan- Aye

G. Educational Leadership & Professional Development

37. School Year Calendar Standards and School Board Policy 8210
Attachment: CALSTAND - draft for January 2009 - 14 day start exemption.pdf

Chairman Jordan called the public hearing to order. No one chose to address the Board and the public hearing was closed.

Notice of the meeting was advertised in the Florida Today newspaper on Wednesday, February 11, 2009 and the affadavit of the publication with a copy of the ad attached is filed in the Affadavit File in the School Board office.

Hold Public Hearing and approve the revisions to the School Year Calendar Standards and School Board Policy 8210.- PASS
Vote Results
Motion: Amy Kneessy
Second: Karen Henderson
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: Ms. Kneessy questioned the limited amount of make-up days in the first quarter in the 2009-2010 and 2010-2011 school year calendars. Bill Hall, Director of Educational Leadership & Professional Development, said that there are very few days in the first semester and could only offer December  22 and 23, if needed.
38. 2009-2010 and 2010-2011 School Year Calendars
Attachment: 2009-2010 School Year Calendar.pdf
Attachment: 2010-2011 School Year Calendar.pdf

It is recommended that the School Board adopt the school calendars for 2009-2010 and 2010-2011 utilizing the exemption from Florida Statute Section 1003.621. The exemption is to Florida Statute Section 1001.42(4)(f) for the required start date for the opening of schools. - PASS
Vote Results
Motion: Amy Kneessy
Second: Karen Henderson
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

Mr. Ziegler made a point to be sensitive to the families that already made vacation plans since the school year is starting earlier for the 2009-2010 school year.

Ms. Kneessy requested that the principals reiterate to their staff that vacations are for the students to spend time with their families and celebrate the holidays and homework should be limited to nonexistent.

Dr. DiPatri stated this has been discussed more than once at senior staff and the district is trying to discourage but not ban all homework.

Mr. Jordan stated that his only concern with this is for the students that are behind, this might be the only opportunity they have to catch up on their school work.

Discussion ensued amongst the Board in regard to the calendar standards.

G. Project Management

39. "Administrative" Attendance Boundary Changes
Attachment: Administrative Attendance Boundary Changes.pdf
Attachment: Attendance Patterns.pdf
Attachment: Clarifications.pdf
Attachment: Gaps and Overlaps.pdf
Attachment: Development Patterns.pdf

Chairman Jordan called the public hearing to order. No one chose to address the Board and the public hearing was closed.

Notice of meeting was advertised in the Florida Today newspaper on Wednesday, February 11, 2009 and the affidavit of publication with a copy of the adattached is filed in the Affadavit File in the School Board office.

Hold a public hearing to approve the recommended attendance boundary changes at 65 schools as shown in the attachment titled "Administrative Attendance Boundary Changes". Approve all students affected by these changes to be "grandfathered" at their current school, with sibling preference. - PASS
Vote Results
Motion: Andrew Ziegler
Second: Barbara Murray
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: Ms. Henderson stated that it is her opinion that the Attendance Boundary Changes need to be looked at in a broader spectrum to fix some things that are broken.

H. Information
H. Accounting Services

40. Comprehensive Annual Financial Report - June 30, 2008
H. Risk Management

41. Renew the 2009-10 Property Insurance Policies
Attachment: 2009-10 Property Renewal Chart.pdf
H. Area I Superintendent

42. Bayside High School NJROTC Trip to Marine Corps Base, Quantico, Virginia, and Washington, D.C.
Attachment: Bayside NJROTC - Washington, D.C. April 2009.pdf
43. Palm Bay High School MCJROTC Trip to Ft. Benning, Columbus, Georgia
Attachment: PBHS MCJROTC March 2009.pdf
44. Palm Bay High School Trip to VEX Robotics Competition of the Americas in Omaha, Nebraska
Attachment: PBHS VEX Robotics April 2009.pdf
H. Area IV Superintendent

45. Titusville High School German Club Field Trip to Helen, Georgia
Attachment: THS German Field Trip.pdf
H. Facilities Services

46. Road Right-of-Way Deed to Brevard County at Eau Gallie High School
Attachment: Aurora Road Right of Way Deed.pdf
H. Project Management

47. Amendment #3 to Agreement for Design/Build Services at Johnson MS, McNair MS and Stevenson ES
Attachment: Amendment #3.pdf

I. Staff Reports
48. Staff Reports

Minutes: There are no staff reports.

J. Additional Public Presentations (If Required)
49. Additional Public Presentations

Minutes: There are no additional public presentations.

K. Board Member Reports
50. Board Member Reports


Ms. Kneessy brought up concerns on the Dress Code Policy and for the district to take another look at the procedures and the policy. Discussion ensued between Dr. DiPatri, Ms. Kneessy, and Dr. Murray in regard to the school having individual policies which causes confusion.

Ms. Kneessy commented on Senate Bill 1906 sponsor by Senator Haridopolos. If this Senate Bill passes, it would be a constitutional amendment in 2010 that all the government agencies including schools, would not be allowed to spend more revenue or bring in more tax dollars than 2010. She encouraged the public to pay attention to this bill because it is a contradiction of supporting education.

Mr. Ziegler stated that as a new Board Member,  he is constantly impressed with the accomplishments of the district. He noted that he visited Westside Elementary to observe the  full inclusion class and to see the success of the students.

Dr. Murray congratulated all of our High School State Championship teams for their incredible season across the district especially Cocoa High School Tigers for their dual State Championship in football and basketball.

Dr. Murray noted that she attended Mila Elementary on Friday March 6, 2009, in which she participated in a birthday celebration for Dr. Seuss be reading Go Dog Go to a roomful of kindergarten students.

Mr. Jordan stated Wow! to the 93 National Board Certified Teachers for this year but then Oh, Oh! to only having 20 for next year. The policies that we are getting from Tallahassee are not smart policies whatsoever. We are talking about dumbing down the State of Florida by not supporting the National Board Certified Teacher program it is getting ridiculous and we need to do something about it like exercising our right to vote.

Mr. Jordan noted that he spoke with 13 Boy Scouts  and every one of the questions asked were in regard to the budget. He stated that it bothers him that our kids are having to be so focused on the reductions and what they will lose from it.

Mr. Jordan made a point to the Board about being careful on responding to the Legislators by responding as an individual and not speak on behalf of the Board as a whole. Various points of view were discussed between Board on conversing with the Legislators and free speech.

L. Superintendent's Report
51. Superintendent's Report

Minutes: Dr. DiPatri announced that he and Mr. Ziegler would be attending in the First Robotics tournament in Orlando on Friday, March 13, 2009 in which all ten of our robotics team will be competing. Brevard has ten  out of the forty three teams in Florida.

M. Adjournment
52. Adjournment

Minutes: The School Board Meeting of March 10, 2009 was adjourned at 8:20 p.m.