07-20-2010 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, July 20, 2010, 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 15, 2010 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 Amy Kneessy called the School Board meeting of July 20, 2010 to order at 5:30 p.m.

A-2. Roll Call
2. Roll Call

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

A-3. Invocation
3. Invocation


The Invocation was led by Christine Davis, Director of District Communications.

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

Minutes: The Pledge of Allegiance was led by Ms. Davis.

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:

Presentation Deletion
FCAT Results
Dr. Binggeli mentioned that since the FCAT results are being debated and audited by the Department of Education, the district is holding off on our reporting until the process is complete.

Consent Revisions
F-10.   Advertisement of the 2010-11 Tentative Budget
F-15.   Instructional Staff Recommendations
F-31.   Office of Program Policy and Government Accountability 2009-10 Best Practices for Safety and Security Annual Self-Assessment

Consent Deletions
Approval of Minutes

Information Revision
H-38.   Recommended Adjustments for the 2010-11 Operating Budget

Approve the adoption of the agenda for the School Board Meeting of July 20, 2010 and its revisions.- PASS
Vote Results
Motion: Barbara Murray
Second: Robert Jordan
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

B. Recognition of Visitors/Guests
C. Resolutions/Proclamations
D. Presentations
D. Board Office/ Superintendent

6. Budget Presentation
Attachment: Presentation_07-20-2010.pdf

Ms. Davis requested that the Board and the Superintendent to join her in front for a special recognition along with Judy Preston, Associate Superintendent of Financial Services.

On June 17, 2010 at the Florida School Board Association conference in Tampa Bay, Florida, Brevard County School Board  and the Superintendent were the first recipient of the Gold Master Board Plaque since it was initiated in June 2008 by the Board Development Committee. The purpose of the award is to recognize a leadership team in which all members attended 100% of the Master Board training activities.

Recipients of the Gold Master Board Plaque:

  • Amy Kneessy, Chair
  • Dr. Barbara Murray, Vice Chair
  • Robert Jordan
  • Karen Henderson
  • Andy Ziegler
  • Dr. Brian Binggeli, Superintendent

Ms. Preston and Ms. Davis congratulated and presented the plaque to the Board.

Ms. Preston gave an update on the following items:

  1. 2010 Tax Roll Certified - Continued Decline
  2. Proposed Millage for 2010-11
  3. Adjustments to Recommended Cuts
  4. Staff Reductions
  5. Budget Achievements

 Mr. Jordan requested clarification in regard to paying ourself by increasing the millage since we did not bring in as much dollars as the State thought. Ms. Preston stated that if the district does not levy the additional millage, the State will stop all funding to Brevard County Schools from the Federal, State and Local sources. Mr. Jordan noted that this is ridiculous.

Dr. Binggeli updated the Board on the Adjustments of Recommended Cuts, Staff Reductions, Budget Achievements. He mentioned though it has been a very difficult process, we are proud of the work that has been done.

Dr. Murray commended Dr. Binggeli and his staff for all their hard work and stated that she enjoyed his soap-box. We need to hear more of that enthusiasm and passion.



E. Public Discussion
7. Public Discussion


The Board agreed to listen to all fifteen speakers instead of splitting between two segments.

The Chairman reminded the public that there is a maximum allotted time of three minutes per speaker set aside for discussion. She 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. Kevin Markey, Merritt Island - Edgewood Baseball
  2. Saffrone Emerson, Merritt Island - Edgewood Baseball
  3. Margie Jarvis, Merrritt Island - Edgewood Baseball
  4. Carla Steinmetz, Merritt Island - Edgewood Baseball
  5. Dale Ketcham, Merritt Island - Edgewood Baseball
  6. Dennis Beaugrand, Merritt Island - Edgewood Baseball
  7. Jude Sotherlund, Merritt Island - Edgewood Baseball
  8. Tom Coyle, Merritt Island - Edgewood Baseball
  9. Barry Forbes, Merritt Island -Freshman Sports
  10. Bob Emerson, Merritt Island - Edgewood Baseball
  11. Janet Eastman, BFT, Rockledge - Teacher's Positions & Compensation
  12. Michael Bruder, Merritt Island - Edgewood Baseball
  13. Kenny Bruder, Merritt Island - Edgewood Baseball
  14. Michelle Bruder, Merritt Island - Edgewood Baseball
  15. Marcus Hochman, Cape Canaveral - Leadership

F. Consent
F. Board Office/Superintendent

8. Approve the Changing of School Board Meeting of August 24, 2010 to August 31, 2010
F. Financial Services

9. Financial Statements with Operating Budget Amendment for the Period Ending May 31, 2010
Attachment: Financials - May 2010.pdf
Attachment: Budget Amendment #9 - May 31, 2010.pdf
Attachment: Budget Amend Explanations 5-31-10.pdf
F. Budgeting, Cost Accounting & FTE

10. Advertisement of the 2010-11 Tentative Budget
Attachment: Notice of Tax for School Captial Outlay 2010-11.pdf
Attachment: Advertisement of 2010-11 Tentative Budget.pdf
F. Accounting Services

11. Warrants Written for the Month of June, 2010
Attachment: June 2010 Warrants.pdf
F. Purchasing & Warehouse

12. Purchasing Bids, RFPs, RFQs, ITNs, Sole Source Purchasing Requests and Sales and Services Agreements
Attachment: 10-022JJ Dry Marker Boards.pdf
Attachment: SSA #1101 - ACT - Testing & Evaluation.pdf
Attachment: SSA #1102 - Frontline - Labor Relations.pdf
13. Property Disposal
Attachment: JUL_20_10.pdf
Attachment: July 20 Letters.pdf
F. Transportation

14. School Bus Lease Agreement with Sculptor Charter School
Attachment: sculptor charter lease.pdf
F. Human Resources

15. Support Staff Recommendations
Attachment: Support Staff 07-20-10.pdf
16. Instructional Staff Recommendations
Attachment: Instructional Staff 07-20-10.pdf
F. Title I/Early Childhood Education

17. 2010-2011 Even Start Continuation Application
Attachment: Executive Summary for Even Start Grant 2010-11.pdf
F. Middle School Programs/K-12

19. Florida Educational Equity Act Annual Update -- 2009-2010
Attachment: 2009 2010 Equity Final 07 01 10.pdf
F. Student Services

20. Agreement w/School Board of Brevard County & Eckerd Youth Alternative, Inc.
21. 2010-2011 Multiagency Service Network for Severely Emotionally Disturbed Student Project Application
22. Contracted Services Agreement for Students-in Transition (Homeless Students)
Attachment: CHS Contract 2011.pdf
23. Lease Agreement with Melbourne Auditorium
Attachment: Melbourne Auditorium Lease Agreement.pdf
F. Exceptional Education

24. Contracted Services Agreement with Thinking Maps, Inc. to Provide Training in October 2010 and March 2011
Attachment: Attachment for Consultant Agreement for 2010-11.pdf
Attachment: ThinkingMaps2010-11 Trainings.pdf
26. Adults with Disabilities Grant Application 2010-11
Attachment: Actual RFA Brevard 6-30-2010.pdf
Attachment: BAC-AWD 2010-2011 Contract.pdf
Attachment: BehaviorServ ofBrev 2010-201.pdf
Attachment: BRIDGES 2010-201.pdf
Attachment: Easter Seals Florida Inc Template 2010-201.pdf
Attachment: ECCI2010-201.pdf
F. Project Management

27. Close the Viera High School Project
F. Plant Operation & Maintenance

28. Demolish/DCR 2 District Owned Portables
29. Request the Use of Capital Fuel Tax Fund 390
F. District Security

30. 2010 - 2011 School Resource Officer Agreements
Attachment: 2010-11 Unilateral Reimbursement SRO Contracts 5.17.10.pdf
31. Office of Program Policy and Government Accountability 2009-10 Best Practices for Safety and Security Annual Self-Assessment
Attachment: 2009 2010 OPPAGA Final Report 6 14 10.pdf
F. Approval of Consent

33. Approval of Consent Agenda

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

Items Pulled for Discussion
F. Title I/Early Childhood Education

18. Private School Contract for Title I Services
Attachment: FY11 Priv Sch Contract.pdf

Mr. Ziegler pulled this item to get clarification regarding having a Title I student affording a private school and if there is a scenario where the district has to cover the cost.

Teresa Wright, Director of Early Childhood Education and Title I, explained that private schools do qualify for Title I funding. Based on Federal Guideline, if the student's address is in the attendance zone of a Title I school, then the private school receives funding.

Approve the contract between the district and approved providers for Title I services in private schools.- 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. Exceptional Education

25. Contracted Services Agreement with Dr. Bradley Greene, Quality Schools Consultant and Trainer
Attachment: BradGreene-Oct2010-Oct2011.pdf

Ms. Henderson pulled the agenda item but turned it over to Mr. Jordan. He requested clarification on why the district is spending funds on this training when there are district personnel who can facilitate the training and how is the district paying for the Glasser training.

Betty Dunn, Assistant Superintendent of Student Services, stated the funding for the training is from ARRA dollars and not out of the operating funds. The district is taking advantage of those dollars that we have for this last year in order to implement the programs that we started at the schools.

Mr. Jordan asked if the district will be doing this training in the 2011-2012 school year. Ms. Dunn stated the district will probably not be doing this training because we will not have these kinds of funds. She mentioned with the training received so far, we will be able to sustain our schools in the coming year.

Lisa Rogers, VE/SLD Secondary Resource Teacher, explained to the Board the importance in regard to the Glasser training and mentioned that Brevard is the only school district in the world that has six Quality Glasser recognized schools. Ms. Rogers answered questions from the Board regarding the level of training and its value for future generations.



Approve the Contracted Services Agreement with Dr. Bradley Greene, International Educational Consultant of the Glasser Institute, in the amount of $72,039.08.

Vote Results
Motion: Robert Jordan
Second: Andrew Ziegler
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

F. School Board Attorney

32. Resolution Authorizing Class Size Amendment Penalty Litigation and Retainer Agreement
Attachment: School Bd Class Size Agenda Item 7-20-10.pdf

Ms. Kneessy pulled this item to get clarification on why the district would want to fight against possibly getting a monetary award for class-size.

Dr. Binggeli stated this is a very complicated issue in which the Superintendent's Association wrestled with which one is best for the school district, authorizing class size amendment penalty litigation or receive a portion of the penalty money that other districts are having to pay for not meeting class size. He stated the legislation has a responsibility to fund the class size amendment and no one feels as though they have met that responsibility.

Harold Bistline, School Board Attorney, stated this is an adequacy lawsuit and read a portion on the Constitution, Article IX Section I. Mr. Bistline stated in speaking with some people in regard to funding class size, the Department of Education requested 354 million dollars to be allocated class size and the Legislature funded 82 million dollars. If the Legislature is not adequately funding class size, which is a constitutional requirement, why should the Legislature be entitled to punish school districts that do not have the money to fund it.

Dr. Binggeli stated there is a tremendous logistic requirement to class size and our principals have done phenomenal work to get the district positioned to be able to meet class size. If we are over in one classroom in one school, it means the entire district is out of compliance and a penalty will ensue. Current legislation states the district monetary penalty for those who do not meet class size will be captured by those who did accomplish meeting class size.

Discussion ensued amongst the Board, Dr. Binggeli and Mr. Bistline about why charter schools should be exempted from a constitutional requirement that applies to all public schools and the potential that they could in fact gain from other districts not achieving class size.


Adopt the Resolution attached as Exhibit "A" and approve Retainer Agreement attached as Exhibit "B".- PASS
Vote Results
Motion: Karen Henderson
Second: Andrew Ziegler
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

Mr. Jordan brought up concern of the cost to the district.

Dr. Binggeli took the opportunity to congratulate the newly appointed administrators listed under Item F-16 Instructional Staff Recommendations.

Chairman Kneessy called for a video break at 7:53 p.m.
The meeting reconvened at 8:11 p.m.

G. Action
G. Board Office/Superintendent

34. Adoption of New Policy 6701 - Charter of Internal Audit
Attachment: Attachment #1 Audit Committee Charter Raphael 12-8-09.pdf
Attachment: Attachment #2 Audit Committee Charter Bistline 3-11-10.pdf
Attachment: Attachment #3 Audit Committee Charter Combined 4-29-10.pdf
Minutes: Chairman Kneessy declared the public hearing open. No one requested to speak to this item.  Chairman Kneessy declared the public hearing closed.

Hold a public hearing to approve the recommendation of the Superintendent and the School Board Attorney to adopt version 2 as School Board Policy 6701.- PASS
Vote Results
Motion: Robert Jordan
Second: Karen Henderson
Karen Henderson- Aye
Robert Jordan- Aye
Amy Kneessy- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: 

Mr. Ziegler reiterated the change of giving the Superintendent the authority to implement a needed audit, in which there has been times in which this is necessary, reduces the autonomy of the audit committee in separating responsibilities. He mentioned that in speaking with his audit committee member, Wayne Cooper, suggested that a requirement of notifying the Board and the Audit Committee be added to the Board Policy.

Dr. Binggeli stated that it would depend on what was being investigated and the audit committee would be informed at the appropriate time. Mr. Bistline concurred.

G. Financial Services

35. Hold a Public Hearing on the District's Strategies to Meet the Requirements of the Constitutional Amendment on Class Size
Attachment: Class Size Adj..pdf

Lee Berry, Deputy Superintendent of Human Resources, presented class size adjustment school plan strategies in the elementary, middle, and senior high schools.

Dr. Murray questioned the cap in physical education class.

Ms. Henderson stated her interest in art and the rationale between the schools not currently having art and will now have half art. Mr. Berry stated it was to be able to share a teacher with another school.

Ms. Kneessy stated her concern regarding multi-age classes.

Mr. Berry updated the Board on the budget allocation as of July 20, 2010 at each school level including the supplements for the secondary schools. Mr. Berry informed the Board on the Key dates that effect class size and the impact of Out-of-Area students.

Dr. Murray was concerned about the timeline dates were not past Labor Day.

Dr. Binggeli stated that the out-of area will look very different due to the class size amendment. Vicki Mace, Director of School Choice, stated that she noticed a trend and the principals are being diligent in looking at each out-of-area and how is will impact the schools class average.

Ms. Henderson asked where the district is on address verification because it is critical with the class size. Steve Muzzy, Assistant Superintendent of Educational Technology, stated there are three options for attendance verification.

Dr. Murray pointed out that the parents will find quality programs in all of our schools.

There was no vote required by the Board on this agenda item. It was to gather information from the public.

Chairman Kneessy declared the public hearing open to fulfill legal requirements of the Constitutional Amendment on Class Size.

H. Information
H. Board Office/Superintendent

36. Discussion Regarding Baseball at Edgewood Jr./Sr. High School


Ms. Kneessy requested this item be placed on the agenda due to all the phone calls and emails the Board has been receiving regarding baseball at Edgewood Jr./Sr. High School.

Dr. Binggeli mentioned that he had researched this item and expressed his findings. He also stated the Recreational Department will no longer maintain the baseball field and that will fall onto facilities.

Dr. Binggeli stated that as committed as the parents are, I do not think that it is good practice for an athletic programs to spring up at any school based on the interest of parent and community. In the end, it is a choice. Edgewood was built to be an academic school not an athletic school.

Dr. Binggeli stated it is his recommendation not to support parent/community run baseball at Edgewood.

Discussion ensued amongst the Board and the Superintendent in regard to the request from the community to have a FHSAA run baseball team at Edgewood Jr./Sr. High School.

The Board requested the following information from district personnel:

  1. Comparison of club vs. varsity baseball.
  2. What costs are incurred by the school whether it is club or varsity?
  3. Is there any additional liability if it is club vs. varsity?
  4. Who would the school authority of that team be if its club versus varsity?
  5. Does the Board have say on what the coaches get paid?
  6. Where does the liability stand with  transportation between club versus varsity?
  7. What would the district be facing in five years when the current parent group for baseball at Edgewood is no longer there?
  8. Cost out to the penny for the parent group, over a two to three year period, to see what it is going to take to fund this program in reality. Accurate cost analysis.

Ms. Kneessy thanked the parents from Edgewood for their comments and coming to the Board meeting.

H. Financial Services

37. Board Discussion of Options for a Possible Voter Referendum
Attachment: Additional Information on Voter Referendum Options.pdf

Ms. Henderson pulled this agenda item to discuss the voter referendum and the options that will need to go on the November ballot.

Ms. Preston explained to the Board that the sales tax can only be used for capital and upon further examination, it is extremely restrictive.

Ms. Henderson asked if the Legislature would be willing to give the district a waiver like they did the charter schools. Ms. Preston responded in the negative.

Mr. Jordan questioned about the penny sales tax and the millage.

Ms. Kneessy suggested that we talk to the delegation regarding more flexibility with the one cent sales tax.

Ms. Preston informed the Board of another option of a two year millage for the Voter Referendum to think about when they are determining what will go on the November ballot. The deadline is August 24, 2010 and there would be no charge for the district if it goes on the November ballot.

Discussion ensued amongst the Board, Dr. Binggeli, and Ms. Preston regarding the millage, sales tax, and whether Brevard Public Schools could get any special dispensation for class size amendments as it relates to the closing of the shuttle program.

 Dr. Murray mentioned that Brevard has many limitations placed on this district because of the federal land and the space center. Mr. Ziegler stated that over 50 percent of the land in Brevard County is non-tax producing land.  

After direction from the Board, Ms. Preston noted that she would work with Mr. Bistline in regard to drafting some language for placing the .25 Mill on the November ballot.


38. Recommended Adjustments for the 2010-11 Operating Budget
Attachment: 2010-11 Proposed Budget Cuts.pdf
Attachment: Revised Budget Recommendations.pdf
H. Accounting Services

39. Tax Anticipation Notes - Series 2010
Attachment: R-Auth-Res.pdf
H. Adult/Community Education

40. Adult Education Fees
Attachment: Adult Education Fees 10.11.pdf
H. Area III Superintendent

41. The Boy Scouts of America Requests Access to the Classroom to Recruit Students per Board Policy 9700.01
Attachment: SIG-Boy Scouts.pdf
Attachment: Cent FL BSA Bylaws.pdf

I. Staff Reports
42. Staff Reports

Minutes: There were no staff reports.

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

Minutes: There were no additional public presentation(s).

K. Board Member Reports
44. Board Member Reports


Mr. Jordan asked Dr. Binggeli when the Board is going to get a list of morale ideas. Dr. Binggeli mentioned that he has been working with Janet Eastman, President of BFT, that within the district strategic plan objectives that effects the culture that employees and teachers work in.

Mr. Ziegler congratulated Janice Kershaw to the position of Executive Director for Brevard Schools Foundation.

Mr. Ziegler updated the Board on Project Search to see what our qualifying population is to see if the district can expand.

Mr. Ziegler requested clarification on military preference with the liaison at Patrick's Air force base. Dr. Binggeli stated he clarified the statutory language in the military preference. He noted that the military preference is about transitioning into the district,  not individuals who have been here for years and seek automatic front of the line choice in a military transition legislation.

L. Superintendent's Report
45. Superintendent's Report


There was no Superintendent's report.

M. Adjournment
46. Adjournment


The School Board meeting of July 20, 2010 adjourned at 9:59 p.m.