08-09-2011 Regular School Board Meeting


The School Board of Brevard County, Florida met in regular session on Tuesday, August 9, 2011, at the Educational Services Facility, 2700 Judge Fran Jamieson Way, Viera, Florida. Notice of the meeting was advertised in The Eagle newspaper on Thursday, August 4, 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 Regular School Board meeting of August 9, 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

A-3. Invocation (Bailey Clark, Challenger 7 Elementary School)
3. Invocation

Minutes: The Invocation was led by Bailey Clark, 6th grade student from Challenger Elementary School.

A-4. Pledge of Allegiance (Hannah Bissett, Challenger 7 Elementary School)
4. Pledge of Allegiance

Minutes: The Pledge of Allegiance was led by Hannah Bissett, 6th grade student from Challenger 7 Elementary School.

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 Addition
F-16.   Involuntary Termination of Instructional Employee: Mark Ostermeier

Consent Revision
F-17.   Office of Program and Government Accountability 2010-11 Best Practices for Safety and Security Annual Assessment

Adopt the agenda for the Regular School Board meeting of August 9, 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
B. District Communications

6. Sabal Elementary Receives $25,000 From Discover®


Dr. Binggeli introduced Stephanie Hall, Principal of Sabal Elementary, who stated that Sabal Elementary School was chosen by Mr. Sharlon Koodie to receive a $25,000 check from Discover Card as part of their Everyday Give Away Sweepstakes Promotion.

Ms. Hall took this opportunity to thank Mr. Koodie and Discover Card for this generous donation. She also explain to the Board some interesting facts about Sabal Elementary and the community that supports it.

Ms. Hall introduced Sarah Alter and Matthew Towson, Discover Card Representatives, for the presentation of the check to Sharlon and Stephanie Koodie and his family.

Mr. Towson stated that it is Discover Card's tradition is to help give back to our communities. He mentioned it is the reason that they tied the sweepstakes with giving a cash donation to a local school, to give back to what is most important to Discover and that is education.

Mr. Towson asked Ms. Hall and her staff to join him for the presentation of the check to the school.

Chairman Dr. Barbara Murray thanked the representatives from Discover Card for their generous donation for Sabal Elementary.

C. Resolutions/Proclamations
D. Presentations
E. Public Discussion
7. Public Discussion


Chairman Dr. Barbara Murray 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 the comments or concerns this evening but the Superintendent will investigate them and respond in a timely manner.

1.    Janice Kershaw, BPS Foundation -  Back to School Safari
2.    Lynne Thomas, Indian Harbour Beach - Teacher Compensation 
3.    John Devincent, Melbourne - Expulsion**
4.    Chip Bock, Melbourne Beach - Bus Stop on Hwy. A1A in South Brevard
5.    Richard Smith, BFT, Rockledge - Teacher and our Future
6.    Dan Bennett, BFT, Rockledge -  Labor Relations
7.   Charlene Harmon, Space Coast Bowling Proprietors, President - Lacrosse

Chairman Murray thanked the speakers on behalf of the Board for their willingness to speak before the Board.

Ms. Kneessy took this opportunity to mention to the Board that she will be bring up the transportation concern in her Board Member report. 

**Did now show



F. Consent
F. Accounting Services

8. Investment Report for the Quarter Ending June 30, 2011
Attachment: BREVARD_2Q11_COMPLETE.pdf
F. Risk Management

9. Exclusive Cable Television License Agreement for the Broadcast of Student Athletic Competitions
Attachment: BHSN Brevard TV Contract.pdf
F. Purchasing & Warehouse

10. Property Disposal
Attachment: AUG_9_11.pdf
11. Purchasing Bids, RFPs, RFQs, and Sales and Service Agreements
Attachment: 11-029 Award Recommendation.pdf
Attachment: ITB 11-034BP - Lawn Maintenance Astronaut High.pdf
F. Human Resources

12. Support Staff Recommendations
Attachment: Support Staff 08-09-11.pdf
13. Instructional Staff Recommendations
Attachment: Instructional Staff 08-09-11.pdf
F. Title I/Early Childhood Education

14. Zoo School Staffing Contract
Attachment: Zoo School contract.pdf
F. Exceptional Educational Administrative Support Services

15. Section 504/ADA Procedures Manual for Students
Attachment: Section 504 Manual.pdf
F. District Security

16. Office of Program Policy and Government Accountability 2010-2011 Best Practices for Safety and Security Annual Self-Assessment
Attachment: 2010-2011 OPPAGA Report Revised 09 Aug 11 HP.pdf
F. School Board Attorney

17. Involuntary Termination of Instructional Employee, Mark Ostermeier
Attachment: 8.9.11 Mark Ostermeier.pdf
F. Approval of Consent

18. Approval of Consent Agenda

Approval of Consent Agenda. - PASS
Vote Results
Motion: Michael Krupp
Second: Amy Kneessy
Karen Henderson- Aye
Amy Kneessy- Aye
Michael Krupp- Aye
Barbara Murray- Aye
Andrew Ziegler- Aye

Motion Minutes: The Board chose to forgo the break.

Items Pulled for Discussion
G. Action
H. Information
H. Environmental, Health & Safety

19. 2011 Annual Comprehensive Fire Safety, Casualty Safety, and Sanitation Inspection Report
Attachment: 2010-2011 Annual Fire Safety Inspections.pdf

Ms. Henderson pulled this agenda item to question why there are deficiencies that are three to five years old on the inspection report. She stated that several deficiencies are very easy to fix, for example, remove items from a closet, etc.

Ed Curry, Assistant Superintendent of Facilities, stated that the majority of the older deficiencies are those that are capital and funded from our capital budget and the safety to life funds that we received from PECO in the past. He stated that the other deficiencies should have been corrected and we will make sure that they are corrected, very quickly.


I. Staff Reports
20. Staff Report: Brevard Lacrosse


Cyndi Van Meter, Associate Superintendent of Curriculum & Instruction, updated the Board on the committee's finding as it relates to lacrosse in Brevard Public Schools.

Dr. Binggeli spoke to the Board about the concerns that came out of committee meeting with the Friends of Brevard Lacrosse and requested clarification from the Board as it relates to lacrosse in Brevard Public Schools. 

Ms. Kneessy stated that she had a question about policy and the process used for approving bowling or any sport. She stated that she reviewed SB Policy and Administrative Procedure 2431 and that in neither one does it say that the principals and athletic directors get to vote on what comes to the Board and what doesn't in terms of athletic opportunities for this district.

Harold Bistline, School Board Attorney, stated that there is nothing in policy that would require that, it is. If that is something that you wish to tackle yourself, that is something that you could do.

Discussion ensued on how new sports are sanctioned in this district and that the roll of district personnel is to fact-find and then to make recommendations to the Board.  Personnel should not be acting like gate keepers. Dr. Murray surmised that there should not be a screening process that keeps anything from the Board.

Gary Shiffrin, Principal at Merritt Island High School, was requested to answer some questions by Dr. Krupp. Mr. Shiffrin stated that the only sports that were added since the 1980s in Brevard Schools were soccer and bowling this past year. He stated that there is not policy that he is aware of to start a new sport in the district. Mr. Shiffrin gave some background information on the process that was followed in regard to the soccer and bowling.

Ms. Kneessy reminded the Board and the viewing audience that the district would not be in this position with the lacrosse teams if it was not for FHSAA changing the rules and requiring these changes.

Dr. Binggeli stated that the district has heard loud and clear that the Board does not want to take away the opportunity for the students that are currently playing lacrosse in the five schools mentioned in the agenda item. He stated that the evolution of lacrosse is the question and we need to understand the intent so we can go forward accordingly.

Ms. Van Meter read the proposal that was given to the School Board. It states, "The Friends of Brevard Lacrosse, a 501C3 Corporation, was formed to fully fund each lacrosse team currently in existence and all future teams in Brevard County Schools, at no cost to the school districts or high schools involved.

J. Additional Public Presentations (If Required)
21. Additional Public Presentation


Charlie Crawford, Representative for Friends of Brevard Lacrosse, stated that Ms. Van Meter correctly stated the several lines in the contract from which she read. There is more to the contract and he encouraged the Board to read it.

Mr. Crawford stated there were two issues in the proposal from the Freinds of Lacrosse point of view.  One was the two year restriction.  He stated that you cannot count this year as one of the years.  By the following season, we will have everything that everybody needs including a template that will tell the schools how to set up their booster club, how to raise the money, and we will provide a clinic for every single school in the district.  Mr. Crawford stated that Friends of Brevard Lacrosse will continue to do those things as to develop lacrosse in the community.  He explained to the Board the need for having the feeder program.

Mr. Crawford urged that the recommendation from the committee include the two years. He wanted the Board to understand that lacrosse will be up and running.  We want every school in Brevard wanting to play lacrosse and those that want to play, in the contract, we will fund it.  The money will come from the gate receipts, ,fundraising, and the start up fees from the existing clubs.  He stated that each club will donate enough money so that any high school that wishes to have lacrosse will have that enough money to purchase goals, balls, and a field liner.  Mr. Crawford stated that they have forty sticks ready to go. If Cocoa has the players and wishes to start a team, he stated that he would coach it.

Mr. Crawford stated that the problem is that FHSAA requires a two year contract, home and home, in order to schedule games. If the Board restricts the contract to a two year, FHSAA cannot schedule a home and home contract next year when they are up and running and ready to play.

Dr. Binggeli stated that his fundamental question is what can the other schools, who wish to start up lacrosse, count on as a part of this agreement with Friends of Brevard Lacrosse so there is no misunderstandings.  The schools are assuming that they are getting financial support when what they really are getting is ideas on how you can raise money. Dr. Binggeli stated the committee stopped short of any recommendation due to the lack of clarity surrounding the issue of what happens when more schools want to have lacrosse.  Questions like; who is funding it and how is that going to happen and then we will make good decisions moving forward.

Mr. Crawford stated that they find a school that has interest, they have a clinic, there has to be at least 25 players per team, and there has to be a girls to have a boys team.   He stated that Friends of Brevard Lacrosse has the fundraising mechanisms in place, we have the templates, and we also have  money.  The money will go through the 501C3, that way it is a non-profit effort. We have grants in place and on the way from Lacrosse U.S. for equipment, cash, and other assistance. The other assistance includes, training coaches for free.   Each team will be provided with goals, liners, and balls to start their program. Friends of Brevard will help set up their booster clubs,  fundraisers, and there will be cash from gate receipts.  Mr. Crawford stated that the Friends of Brevard will be responsible for everything and the School Board will not spend one red cent.

Discussion ensued in regard to the amount of teams, coaches, stipends, start up costs and the contract with the Friends of Brevard Lacrosse.

Albert DeLente, President of Merritt Island Lacrosse Club, addressed the Board on the growth of lacrosse in the schools.

Mr. Ziegler, Ms. Kneessy, Ms. Henderson, and Dr. Murray concurred to move forward on allowing the current lacrosse teams to notify FHSAA, as well as to work out the guidelines and policies on how things will work for future teams.  Dr. Krupp refrained.

Dr. Murray requested that Mr. Bistline be greatly involved in this contract process and work out some of the issues.  Mr. Bistline responded in the affirmative.

Mr. Crawford asked if the Board will approve the JV team since the committee was unsure and they need to notify FHSAA.  Mr. Ziegler, Ms. Kneessy, Ms. Henderson, and Dr. Murray concurred on the approval of a feeder team. Dr. Krupp refrained.

Dr. Murray stated to Dr. Binggeli that he has the direction of the Board. Dr. Binggeli stated that is the clarity that the committee needed. Thank you.

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


Dr. Krupp raised a concern regarding the lack of printouts on compensation (payroll). He compared this to the interim reports that are printed out when they too are available online. Dr. Krupp requested that we make allowances for those who are not computer savvy.

Ms. Henderson stated that not all teachers keep edline updated enough to see where the students grades are currently. She stated that as a parent, she would like to see the paper copy.

Ms. Kneessy stated that with the 72,000 students, the parents should have the opportunity to opt out of the paper copy when they sign on for edline.

Ms. Henderson noted that the registration forms were all available online but questioned whether we were ever going to automate that process any further so that the parents are not filling out the same information repetitively.

Ms. Henderson questioned whether if we were ever going to have a workshop with the Board, Superintendent, and the Legislative Delegation.  Dr. Binggeli stated that we have not moved forward on a workshop at this time. but would be glad to entertain a notion that we make that happen.

Ms. Henderson gave a brief report on the Central Florida School Board Coalition in which they requested all the district's forward their Legislative platform by August 20, 2011 to Scott Howitt so the Coalition can set it's priorities as the legislative session begins on September 19, 2011. She mentioned that the Coalition suggested that any place that the district would have used the word mandate or unfunded mandates, be replaced with the word regulation.

Ms. Henderson reported where the other Florida School Districts are in their budgets, fundings, and cut backs to their perspective districts.

Ms. Kneessy stated that she heard several rumors that our school district will not meet class size and would like to squelch that rumor for the record.  Dr. Binggeli stated that we have taken the flexibility that the Department of Education has given us and we indend to make class size. There will be some savings due to some of the courses that have come off the list but it has always been the intention to make class size as I have stated repeatedly.

Chairman Dr. Barbara Murray encouraged the Board, that when we have this rumor mill that keeps things stirred up, to inform Dr. Binggeli of the source of these problems so he can take care of it through the Human Resource department.  Ms. Henderson stated that she is getting the information from teachers who were informed by their principals.

Ms. Kneessy spoke about transportation concerns, timeline of events, and the committee that was formed. She stated that she did not know about this committee meeting or the outcome.  Ms. Kneessy stated that the Board should have had Board representation since this is a hot button issue and feels that the Board should have been more involved in the process.

Dr. Binggeli stated when this issue was brought forth, a committee was to be formed with people with expertise beyond our own transportation department. He stated that we asked law enforcement and individuals that have pedestrian responsibilities in our county government.  Dr. Binggeli stated that they reviewed the documentation and came up with same conclusion based on the criteria. He stated that it took some time for the committee to go through all the routes in question to then bring forth recommendations to the School Board.   Dr. Binggeli stated his recommendation is that at the August 23, 2011 School Board meeting, transportation will bring to the Board, who that committee was, how they worked, the criteria that they used, the recommendations that they are making as it relates to these specific routes. He stated that the district would commit to transport those students effected for the remainder of the first semester to allow parents three months to prepare.

Ms. Kneessy stated that in her opinion the Board should have had some say in the criteria that was used by the committee and given the routes that are in question so the Board can drive them if they so choose.

Judy Preston, Associate Superintendent of Financial Services, stated that transportations' intent was to bring this forth in the two meetings in September since the committee just finished their work on Thursday, August 4, 2011. She noted that it will take some time to put together the information and generate the correct report. Ms. Preston stated that there are seven routes in question and the criteria they are working off of is state law.

Mike Connors, Director of Transportation, explained to the Board that a form was developed that would show the criteria that is contained in Florida Statute 1006.23. It clearly defines how the state views hazardous walking conditions. He stated that the committee strictly followed the statute's guidelines, completed the form, and then made their determination whether there were any hazardous criteria as stated in F.S. 1006.23.

Dr. Murray stated that the Board should exercise caution on stepping out of the policy roll and getting into the day to day operations but mentioned the Ms. Kneessy's point is well taken.

Mr. Ziegler suggested that any district level committee, at a minimum, the Superintendent should advise the Board Chair of the formation of a committee and the Chair should determine whether it's appropriate to appoint a Board Member or poll the Board on whether they choose to appoint a representative.

Dr. Murray stated that the Superintendent does communicate the formation of district level committees to her as the Chairman and she makes the determination of the Board's involvement based on committee type.  Dr. Murray stated that the Board does have the right to know the going on in the district at all times.

Discussion ensued about the Board's involvement in district level issues and the lack of trust on some of the senior staff and others that are overseeing some of the district operations.  

Mr. Ziegler noted that Rolling Thunder has ordered MIA/POW flags for all of our schools so that we can initiate flying the flags on MIA/POW day, which is September 16, 2011.  

Mr. Ziegler noted that the marquee in the front of the School Board building, with all the names of the School Board Members and the Superintendent is, in his opinion, completely useless since no one coming into or leaving the parking lot can view it. He requested that facility look at repositioning that sign if the Board agrees.

Mr. Ziegler congratulated Gino Butto's, Associate Superintendent of Educational Technology, daughter for her solo performance during Pink Floyd's Dark Side of the Moon at the Classic Albums Live Concert.  Mr. Butto stated that his daughter is a product of Brevard Public Schools music programs.

Chairman Dr. Barbara Murray had no report this evening.

L. Superintendent's Report
23. Superintendent Report


Dr. Binggeli stated that we are on school opening eve.  He stated that there are a lot of folks that do a lot of things to get ready for 73,000 students to come to school.  Dr. Binggeli took this opportunity to thank all the great employees, that make it look easy, when it is not, to be ready for our students to have a great experience on day one.

Dr. Binggeli wished all the families and all the children a great start to the new school year.

Chairman Dr. Barbara Murray wished, on behalf of the Board, the teachers, administrators and students, a very successful school year. She mentioned the Board is here to support you any way they can.

M. Adjournment
24. Adjournment

Minutes: The School Board Meeting of August 9, 2011 was adjourned at 7:43 p.m.