07-19-2011 Regular School Board Meeting

July 19, 2011

The School Board of Brevard County, Florida met in regular session on Tuesday, July 19, 2011, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in the Florida Today newspaper on Thursday July 14, 2011. 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 Dr. Barbara Murray called the School Board meeting of July 19, 2011 to order at 5:30 p.m.

A-2. Roll Call
2. Roll Call

Minutes: Members Present: Dr. Michael Krupp, Dr. Barbara Murray, Amy Kneessy, Karen Henderson, Andy Ziegler

A-3. Invocation
3. Invocation

Minutes: Christine Davis, Director of District Communications, led the Invocation.

A-4. Pledge of Allegiance
4. Pledge of Allegiance

Minutes: Ms. Davis led the Pledge of Allegiance.

A-5. Entertainment
A-6. Emergency Item
A-7. Adoption of Agenda
5. Adoption of Agenda


Dr. Binggeli read the following changes into the agenda:

Consent Additions
F-32. Termination of Palm Bay Municipal Charter High School Contract
F-33. Termination of Palm Bay Community Charter School-Patriot Campus Contract

Consent Revisions
F-10. Advertisement of the 2011-12 Tentative Budget
F-12. Property Disposal
F-17. Instructional Staff Recommendation
F-19. Florida Educational Equity Act Annual Update 2010-2011

Consent Deletion
Office of Program Policy and Government Accountability 2010-2011 Best Practices for Safety and Security Annual Self-Assessment

Information Additions
H-40. Office of Program Policy and Government Accountability 2010-2011 Best Practices for Safety and Security Annual Self-Assessment

Adopt the agenda for the Regular School Board meeting of July 19, 2011 and its revisions.- PASS
Vote Results
Motion: Amy Kneessy
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

B. Recognition of Visitors/Guests/Staff
C. Resolutions/Proclamations
D. Presentations
D. Financial Services

6. Revenue Generating Marketing and Related Policies/Procedures
Attachment: Advertising in Schools - Final.pdf

Mark Langdorf, Director of  Risk Management, and Ginger Blair, Communications Coordinator, gave a presentation to the Board on Revenue Generating Marketing and Related Policies/ Procedures.

Dr. Binggeli made closing remarks in reference to bringing this venue regarding advertising to the Board and allowing them the opportunity to provide preliminary thinking as individual Board Members and then collectively as a whole. Currently, the district does not have clarity as it relates to policy and expectations and we need to develop it where advertising is concerned.

Dr. Murray stated that the revenue generating market is such a complicated issue and suggested a future workshop and felt it appropriate that the Board give some direction this evening.

Mr. Ziegler questioned whether the district is working on bringing external accounts and making them internal accounts. Mr. Langdorf stated that the accounting department has been working on bringing these account types in-house but there are many PTO and PTAs that are external accounts that the district has no control over. 

Mr. Ziegler questioned if there is really such a thing as an advertisement free zone. What are we really protecting them from, if the only place that they don't see ads is at school? Advertising is very consistent with the world that we live in today.  It is just a matter implementing an appropriate policy and that we do not subject the students to the wrong things. He stated that he is very much open to all forms of revenue generation because he feels like its a necessity at this point.

Ms. Kneessy stated that she definitely supports this topic and mentioned that she really likes the way that Orange County has gone about it.  She stated that she would much rather have control at the district level, giving our building principals one less thing to manage. 

Ms. Henderson mentioned that she saw the presentation regarding Orange County. She noted that when she thinks about generating revenue through marketing, that there is a possibility of making a lot of money for the district. But in fact, there was not a lot of money generated, and what you ended up with was stuff all over the schools. 

Dr. Binggeli stated, as comprehensively that they are working on it, for a district the size of Orange County, they generated approximately $200,000, which it is not the well spring of revenue that one may think.

Mr. Langdorf stated that he attended that presentation and noted that within in a two year period, Orange County generated $265,000, which half of these funds went into salary.

Ms. Henderson stated that her point is that we have to weigh the worth of it. Dr. Murray stated, or do a better job than Orange County. Ms. Henderson agreed.

Dr. Krupp stated that he agreed with what everyone was saying especially about the educational value, business decision and ethics. He noted that those three items stand out first and foremost. He agreed that the Board should workshop this and put as one of the items for discussion, not only for a marketing person, but also a county wide athletic director.  Dr. Krupp stated that most of the monies generated is for athletics and that we should bring back having a county wide athletic director as we did years ago. He mentioned that with the monies generated through advertising, it would pay for the salary of the person that could be the marketing director and the county wide athletic director.

Dr. Murray stated the she supports exploring these options and thanked Mr. Langdorf for his thorough presentation to the Board. She stated that the one school, all school should be the minimum target so there is equity.   She stated that we should not tie the hands of those communities and principals that wish to go above and beyond as to exercise entrepreneurship at a level that is more effective for their community.

Dr. Murray stated that she is philosophically opposed to a county wide athletic director because a major part of a high school is the culture of that particular high school location and its sports.  She felt that to centralize the athletic director would certainly detract from that goal that we strive for in this county.

Discussion ensued between Dr. Binggeli and the Board in regard the building level principals enjoy entering into these agreements and don't wish to think that the district will start taking control and responsibility. Dr. Binggeli also stated that we need solid policies in place that guide us to make good decisions.

E. Public Discussion
7. Public Discussion


Chairman Dr. Barbara Murray reminded the public that there is maximum allotted time of three minutes per speaker set aside for discussion.  She stated  that the Board would not respond to the comments or requests this evening but the Superintendent of Schools would investigate them and respond in a timely manner.  The following person(s) addressed the Board:

1. Lynn Roley, BFT, Melbourne - Teachers, Pay-loss. Unrealistic Expectations
2. Rick Melchiori, Melbourne Beach - Friends of Brevard Lacrosse
3. Dermont Whelehan, Orlando - Friends of Brevard Lacrosse
4. Lisa Connors, Rockledge - Friends of Brevard Lacrosse
5. Charlie Crawford, Melbourne - Friends of Brevard Lacrosse
6. Stan Payne, Melbourne - Friends of Brevard Lacrosse
7. Rod Smith, Rockledge - Veterans Assisting Teachers
8. Marcus Hochman, Cape Canaveral - Working Together
9. Dan Bennett, BFT, Rockledge - Human Resources
10. Jim Peterson, Melbourne - Teachers Benefits
11. Steve Thomas, Indian Harbour Beach -  Teacher's Woes
12. Richard Smith, BFT, Rockledge -  Teacher's Woes

Chairman Murray thanked the speakers for their willingness to speak to the Board.

F. Consent
F. Board Office/Superintendent

8. Approval of Minutes
F. Financial Services

9. Financial Statements for the Period Ending May 31, 2011
Attachment: May 31, 2011 Financials.pdf
F. Budgeting, Cost Accounting & FTE

10. Advertisement of the 2011-12 Tentative Budget
Attachment: 2011-12 Advertisement of Tentative Budget updated to match July book.pdf
Attachment: 2011-12 Notice of Tax for School Captial Outlay updated to match July book.pdf
F. Accounting Services

11. Warrants Written for the Month of June, 2011
Attachment: Warrants - June 2011.pdf
F. Purchasing & Warehouse

12. Property Disposal
Attachment: JULY 19 11.pdf
Attachment: July_19_11_Documentation JO.pdf
13. Purchasing Bids, RFPs, RFQs, Sales and Services Agreements
Attachment: Summary Cafeteria Smallwares 11-026BP.pdf
Attachment: ITB 11-031BP - Commodity Cold Storage and Delivery Summary.pdf
Attachment: ITB 11-032JO Recommendation of Award.pdf
Attachment: ITB 11-033JO Recommendation of Award.pdf
Attachment: ITN #10002 - CH - District-Wide Beverage Contract - Office of Food & Nutrition.pdf
Attachment: SSA 1201 Blackboard - Certification and Professional Devlopment.pdf
F. Transportation

14. School Bus Lease Agreement with Sculptor Charter School
Attachment: sculptor bus lease.pdf
15. School Bus Routes 2011-2012
Attachment: 2011_12 route projection.pdf
F. Human Resources

16. Support Staff Recommendations
Attachment: Support Staff 07-19-11.pdf
17. Instructional Staff Recommendations
Attachment: Instructional Staff 07-19-11 - C.pdf
F. Curriculum & Instruction

18. Title II, Part A Grant Application
F. Middle School Programs/K-12

19. Florida Educational Equity Act Annual Update -- 2010-2011
Attachment: 2011 FINAL Equity 07 15 11.pdf
F. Adult/Community Education

20. Adult Education Tuition And Fees
F. Student Services

21. 2011-2012 Multiagency Service Network for Severely Emotionally Disturbed Student Project Application
Attachment: 2011-2012 Grant.pdf
22. Contracted Services Agreement for Students-In-Transition ( Homeless Students)
Attachment: Homeless Contracted Services.pdf
23. Application for Title X, Part C, Homeless Children & Youth Grant, 3rd Year
F. Exceptional Education

24. 2011-2012 Adults with Disabilities Grant Application
Attachment: 9721X-PRINT_9815P-IR3235-513-EXED_AWD 2011 BUDGET_001.pdf
Attachment: AWDGrantComplete2011.pdf
F. South Area Superintendent

25. Bayside High School Football Team Trip to South Carolina
Attachment: Bayside Football Team to South Carolina - Sept 2011.pdf
F. Central Area Superintendent

27. Field Trip - Rockledge High Girls and Boys Cross Country Track Team - Appalachian State University Running Camp - Boone, NC
Attachment: cross country.pdf
F. North Area Superintendent

28. Merritt Island High School StangSat Team field trip to Logan, Utah
Attachment: 9721X-PRINT_7200P-IR3235-Bldg9-69_1735_001.pdf
29. The Boy Scouts of America Requests Access to the Classrooms to Recruit Students per Board Policy 9700.01
Attachment: BylawsApprovedByNational.pdf
Attachment: 9721X-PRINT_7200P-IR3235-Bldg9-69_1739_001.pdf
30. Time to Teach Consultant
Attachment: Adam Brochure.pdf
Attachment: Information.pdf
F. District Security

31. 2011-2012 School Resource Officer Agreements
Attachment: SRO Information.pdf
F. Approval of Consent

34. Approval of Consent Agenda

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

Items Pulled for Discussion
F. Central Area Superintendent

26. Field Trip - Cocoa High Football Team to the High School Football Kickoff in Cincinnati, OH; the Kirk Herbstreit National Kickoff Classic in Dallas, TX; and the Florida/Louisiana Challenge in West Monroe, LA
Attachment: Football Team - Out of State Travel Information 11-12.pdf

Dr. Krupp pulled this agenda item to express his displeasure about one school being allowed to go out of state for three events. He also brought to light his displeasure about one school being exploited by marketing groups that have very deep pockets.  Dr. Krupp is concerned that the contract with these companies was signed out of the Board venue. He stated that monies were already received without the  approval of the Board. Dr. Krupp went on to discuss his concerns about the sports transfer rule, the scheduling of games when home teams are allowed to go out of state, and the violation of Policy 9700. 

Dr. Murray stated that since Cocoa High School is in her district, she would like to be the first to respond.  She stated that the Board gave the school a green light on this some time ago. Dr. Murray stated that with the policy and the direction that have been given to our principals, she believes the principal followed every procedure, rule and direction that she was given. There was no intent to usurp the Board in any way. The principals concern was for her students, athletes, and her school.

Sandy Demmon, Central Area Superintendent, gave background information on the whole process as well as the departments in which Stephanie Soliven, Principal at Cocoa High School, worked with prior to signing the contract in question.

Discussion ensued amongst the Board in regard to the contract, amount of time that the students are away from class instruction, and the Board policies. 

The Board agreed that the districts procedures and policies need to be reviewed and the timing of these sorts of agenda items need to come before the Board much sooner so we are not making these decisions so close to the students going.

Dr. Binggeli concluded by asking the Board to consider approving this item. He mentioned that these young men will be missing just two half days of instruction time and asked to continue not only academic pursuits, but to conduct themselves in ways that make our school district and our county proud.

Dr. Binggeli stated that there was no policy circumvented because there is none at this time. He stated that there needs to be a policy because this is the world we are moving into and look into in its totality.

Dr. Soliven made some closing comments. She stated that she has been in unchartered waters in dealing with this contract. Dr. Soliven stated that she welcomes clarity in the policies as times change, and clarity in working with vendors.

Dr. Binggeli made closing statements about having a plan of attack of the future revenue generating contracts for our schools. 


Approve the request for the Cocoa High Football team (approximately 35-40 students and 16 chaperones) to attend the High School Football Kickoff in Cincinnati, Ohio.  Students will travel August 27th-29th with the game being played on August 28th.  Students will fly back the morning of August 29th and report directly to school upon arrival. 

Approve the request for the Cocoa High Football team (approximately 35-40 students and 16 chaperones) to attend the Kirk Herbstreit National Kickoff Classic in Dallas, Texas.  Students will travel September 4th-6th with the game being played on September 5th.  Students will fly back the morning of September 6th and report directly to school upon arrival. 

Approve the request for the Cocoa High Football team (approximately 35-40 students and 16 chaperones) to attend the Florida/Louisiana Challenge in Monroe, Louisiana.  Students will travel October 28th-30th, with the game being played on October 29th.  Students will fly out Friday afternoon, October 28th and return Sunday, October 30th.

Vote Results
Motion: Amy Kneessy
Second: Andrew Ziegler
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Nay
Barbara Murray- Aye
Andrew Ziegler- Aye

F. School Board Attorney

32. Termination of Palm Bay Municipal Charter High School Charter Contract
Attachment: School Bd Palm Bay High Charter 7-15-11.pdf
Attachment: Palm Bay Municipal High School Exhibit A.pdf
Attachment: Palm Bay Municipal High School Exhibit B.pdf
Minutes: Mr. Ziegler pulled this agenda item to make a statement that he had personally spoke with each of the Palm Bay City Council Members to make sure that we have an understanding of what is transpiring.  He stated that there are some financial issues that may somehow be correctable down the road but they are not being corrected now. This Board is not able to correct them. It is out of our venue. Mr. Ziegler stated that there does not seem to be a desire for continued governance by the City of Palm Bay and this is a municipal charter.

Terminate the Palm Bay Municipal Charter High School charter school contract effective July 19, 2011.- PASS
Vote Results
Motion: Andrew Ziegler
Second: Karen Henderson
Andrew Ziegler- Aye
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye

33. Termination of Palm Bay Community Charter School - Patriot Campus Contract
Attachment: School Bd Patriot Final Order 7-15-11.pdf
Attachment: Palm Bay Community Charter School Patriot Campus Exhibit A.pdf
Attachment: Palm Bay Community Charter School Patriot Campus Exhibit B.pdf

Terminate the Palm Bay Community Charter School - Patriot Campus charter school contract effective July 19, 2011.- PASS
Vote Results
Motion: Andrew Ziegler
Second: Karen Henderson
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

Ms. Kneessy agreed with what Mr. Ziegler stated. She mentioned that she spoke with the City Council leaders and reiterated that this is a financial issue, and we have students that need to know where they are going to school this fall. Ms. Kneessy stated that this is our only option is to terminate these charter school contracts.

Dr. Krupp asked for a point of clarification from Harold Bistline, School Board Attorney, on what becomes of the bond holders of the 22 million dollars.

Mr. Bistline stated that they are on their own. The district does not have any relationship with the bond holders or obligation to them. The bond holders made an investment, it was a bad investment. He reminded the Board and the viewing audience that the School Board of Brevard  County has a contract with the City of Palm Bay, who is the governing body of these charter schools, and nobody else. We are the sponsor and have an oversight responsibility, and the Board is exercising that in a very appropriate way.

Dr. Binggeli took this opportunity to congratulate the instructional staff listed under Item F-17 for their reclassification/transfers. 

Chairman Dr. Barbara Murray called for a video break at 7:30 p.m.
The meeting was reconvened at 7:46 p.m.

G. Action
G. Educational Leadership & Professional Development

35. School Year Calendar Standards
Attachment: BPS Calendar Standards 2011 (May 11, 2011).pdf

Chairman Dr. Barbara Murray declared the public hearing open.  No speakers chose to address the Board.  The public hearing was closed.

Hold a public hearing to approve the revisions to the School Year Calendar Standards.- PASS
Vote Results
Motion: Amy Kneessy
Second: Michael Krupp
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

H. Information
H. Board Office/Superintendent

36. Friends of Brevard Lacrosse
Attachment: Broward and Dade County Lacrosse.pdf
Attachment: Growth of Lacrosse.pdf
Attachment: Proposal to School Board from Friends of Lacrosse.pdf

Ms. Kneessy pulled this item. She stated that it was her understanding that a staff member was prepared to speak about the Friends of Brevard Lacrosse.

Dr. Binggeli stated that the public speaker already alluded to the fact that the Florida High School Athletic Association (FHSAA) made a change on all of us in regard to a sanctioned sport by FHSAA is no longer allowed to play as a club sport.

Ms. Kneessy posed a few of her questions, like how this change will effect Title IX, how will a school that wishes to have lacrosse but does not have the funds or parent groups to assist, and how will that be handled?

Cyndi Van Meter, Associate Superintendent of Curriculum & Instruction, addressed questions from the Board. She began with the concern about Title IX. Ms. Van Meter mentioned that in a meeting with Judge Charlie Crawford, Friends of Brevard Lacrosse, he stated that if the school could not get enough players to field both a male and a female team, the school would not have a team, and he assured us that it would not be an issue.

Ms. Van Meter addressed the funding issue. She noted that from what she had been told, that it would cost 10 thousand dollars per school for start up funds prior to the Brevard Lacrosse stepping in to help with other start up funds.  Ms. Van Meter spoke about how the schools would raise these funds. She suggested having an opportunity to form a committee which would be made up of principals, members of Friends from Brevard Lacrosse, and athletic directors so we can brainstorm the positive, negative, and the hurdles that the district will have to face.

Dr. Murray mentioned that two years ago the Board requested that the staff start working on a model because the Board could see more types of models like the Bowling contract come into play.   

Ms. Henderson suggested we support this in any way that we can as long as it's doable.  She also suggested that working with FHSAA to allow school districts to go back to having lacrosse as a club.

Dr. Murray noted that we can blame the legislators for giving FHSAA so much authority in the state.

Dr. Krupp requested from the committee information in regard to the field usage, including the cost of maintenance and repair of the districts natural turf  fields. He also would like further information on referees. Dr. Krupp stated that he would like to see the district not entertain ninth grade or JV lacrosse. He stated that the administrators are already spread to thin.

Dr. Murray stated that she disagrees with doing away with the feeder programs. She stated that it makes no sense trying to run a varsity program without the junior levels.

Mr. Ziegler agrees that we need to find a way to make this work for the lacrosse athletes. He noted that he has issues with FHSAA and their consistency with implementation of policy.  Mr. Ziegler suggested to the Board that they send a letter to FHSAA stating that their timing is terrible and their lack of  implementation of their policy allowed this situation to exist.  Mr. Ziegler suggested we compare the bowling contract and the lacrosse contract.

Ms. Kneessy requested to be kept updated as it relates to forming the committee, who will be on the committee, when will they meet, etc.

Dr. Murray brought the discussion to a close by asking for consensus to give the Superintendent direction, to form a committee with appropriate members, to join with the lacrosse organization,  and to develop a model/plan in hopes of resolving this issue. She also stated as an important side note, that this is a financial issue.  Consensus was given across the Board.

H. Risk Management

37. Exclusive Cable Television License Agreement for the Broadcast of Student Athletic Competitions
Attachment: BHSN Brevard TV Contract.pdf

Dr. Krupp stated that Bright House has been a wonderful partner and looks forward to a contract with them. He pulled this agenda item to identify the fact that technology changes almost daily. Dr. Krupp stated that he would like to see instead of a seven year contract, perhaps a two year renewable contract with a one year after that based on satisfactory performance.

Dr. Binggeli and Mr. Bistline both stated that the district is not locked into a seven year contract. There is a thirty day out clause written into the contract.

In response to Dr. Krupp statement of "why is the district so anxious to rush into this contract with Bright House", Dr. Binggeli stated that the district has been working on this contract for the past several years to get the language in it.

Mark Langdorf, Director of Risk Management, clarified for the Board, background information on the negotiations of the contract.

Mr. Bistline stated that he and Mr. Langdorf would go back to Bright House. Dr. Murray asked if that was the wishes of the Board. The Board responded in the affirmative.

H. Title I/Early Childhood Education

38. Zoo School Staffing Contract
Attachment: Zoo School contract.pdf
H. Exceptional Education Administrative Support Services

39. Section 504/ADA Procedures Manual for Students
Attachment: Section 504 Manual 08-03-11.pdf
H. District Security

40. Office of Program Policy and Government Accountability 2010-2011 Best Practices for Safety and Security Annual Self-Assessment
Attachment: 2010-2011 OPPAGA Report.pdf

I. Staff Reports
41. Staff Report

Minutes: There were no staff reports.

J. Additional Public Presentations (If Required)
42. Additional Public Presentation(s)

Minutes: There was no additional public presentation.

K. Board Member Reports/Discussion Points
43. Board Member Reports


Mr. Ziegler noted that he missed the Leagues of Cities meeting.

Mr. Ziegler noted that the City of Palm Bay is starting a youth advisory board. He stated that he was asked to help them formulate this to get youth involved in getting feedback to the council and learn how the city council works.

Ms. Kneessy noted that she thought the Board had an outstanding meeting yesterday and the Superintendent's evaluation process went very smoothly. She stated that this was her seventh time doing the evaluation process and felt is was the best time yet.  Dr. Murray thanked Ms. Kneessy for her comments.

Dr. Krupp had no report this evening.

Ms. Henderson commented on the ethics report that the Board received a few weeks ago. She suggested that the phone message should be changed to tell the caller the reality of the call. If there is a lack of information, the call will not be investigated.  Ms. Henderson brought up the fact that in our policy and procedures, that the accused will have the opportunity to respond in writing.  In review of the investigations, this does not happen in most cases. Instead,  there is a summation by the Area Superintendent.  Ms. Henderson stated that she would prefer a personal statement from the person being accused. She requested that the district's policy and procedures be reviewed on the ethics and to take a better look on how the investigations are being done.

Dr. Murray asked for consensus from the Board as to give the Superintendent some direction.

Ms. Kneessy stated that she has been requesting this for two years. She also stated that she would like a more in-depth analysis.  Ms. Kneessy noted that if the complaint was against a student or a teacher, we would see a thorough investigation.  But when it's about an administrator, there is nothing in the file.

Dr. Murray requested that the district revisit who receives the ethic calls. She stated that the calls go into the board office at this time and feels that it would be better suited in Human Resources.

The Board gave consensus to revisit the ethics procedures and policies.

Dr. Binggeli stated that he and Debra Pace, Associate of Human Resources, have had discussion on this very topic and she will be reviewing the practices and procedures around our ethics policy and our hotline.

Dr. Murray had no report this evening.


L. Superintendent's Report
44. Superintendent's Report

Minutes: Dr. Binggeli has no report this evening.

M. Adjournment
45. Adjournment

Minutes: There being no further business, the meeting adjourned at 8:25 p.m.