08-12-2008 Regular School Board Meeting


MISSION: TO SERVE EVERY STUDENT WITH EXCELLENCE AS THE STANDARD The School Board of Brevard County, Florida met in regular session on Tuesday, August 12, 2008, 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 7, 2008 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 Janice Kershaw called the School Board meeting of August 12, 2008 to order at 5:32 p.m.

A-2. Roll Call
2. Roll Call

Minutes: 

Board Members Present: Larry Hughes, Robert Jordan, Janice Kershaw, Amy Kneessy, Dr. Barbara Murray


A-3. Invocation
3. Invocation

Minutes: 

The Invocation was led by Wes Sumner, Director of District Communications.


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

Minutes: The Pledge of Allegiance was led by Christine Davis, Assistant Director of District Communications.

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

Minutes: 

Dr. DiPatri read the following changes into the agenda:

Consent Additions:
F-27.   Involuntary Termination of Instructional Employee, James Michael Murray
F-28.   Involuntary Termination of Instructional Employee, John M. Hackney

Consent Revisions:
F-14.   Instructional Staff Recommendations

Information Revisions:
H-36.   2008-2009 Strategic Plan



Motions:
Adopt the agenda of the Regular School Board meeting of August 12, 2008 and its revisions.- PASS
 
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye


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

6. Superintendent's Budget Presentation - Recommendations on $10 Million Holdback

Minutes: 

Superintendent Dr. Richard DiPatri gave a presentation on the 2008-2009 Budget Reduction Update. Dr. DiPatri covered the following areas in his presentation:

Summary of Operating Budget reductions to Date
Summary of Capital Budget Reductions to Date
Budget Criteria
Brevard's Anticipated Holdback
Changes to the 2007-2008 Operating Budget
Changes to the 2008-2009 Capital Budget
Reserves Totals
Unknown Factors
Recommended Reductions


E. Public Discussion
7. Public Discussion

Minutes: 

The Chair 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. Louis Schiessl, Indialantic - Sexually Transmitted Diseases
  2. Dawn Reprogel, Palm Bay - Out of Area Assignment Appeal
  3. Bill Powell,Titusville - Involuntary Termination of Employees agenda
  4. Mike Krupp, Titusville - Involuntary Termination of Employees agenda
  5. Danny Gallini, Titusville - Involuntary Termination of Employees agenda
  6. Debra Sandstrom, Titusville - Involuntary Termination of Employees agenda
  7. Janet Eastman, BFT, Rockeldge - MAP New Hiring Practice
  8. Dale Mays, Mims - Involuntary Termination of Employees agenda
  9. Warren Pisarz, Mims - Involuntary Termination of Employees agenda
  10. Anne Wescott, Titusville - Involuntary Termination of Employees agenda

F. Consent
F. Board Office/Superintendent

8. Expulsions
9. Approval of Minutes
F. Purchasing & Warehouse

10. Surplus Property
Attachment: AUG_12_08.pdf
11. Purchasing Bids, RFPs, RFQs, Sales and Services Agreements
Attachment: 08-007BM Outdoor Aluminum Seating Contractor - Option Year 1.pdf
Attachment: 08-009BM Plumbing Contractors - Option Year 1.pdf
Attachment: 08-010BM Fire Extinguisher Sales, Inspection, Services and Recharging - Option Year 1.pdf
Attachment: 08-041BM Lawn Care Equipment Maintenance and Service.pdf
Attachment: Award Summary 08-047BP OEM II.pdf
Attachment: 09-003BM General Contractor Services.pdf
Attachment: Award Sum 09-004BP Lawn Maintenance for Astronaut & Madison.pdf
Attachment: Award Sum006BP OEM GM Parts.pdf
Attachment: 09-007BP - Cafeteria Small Wares.pdf
Attachment: SSA 0901CH - Discovery Education.pdf
Attachment: Source of Funding.pdf
F. Transportation

12. School Bus Routes 2008/2009
Attachment: central routes 0809.pdf
Attachment: midsouth routes 0809.pdf
Attachment: south routes 0809.pdf
Attachment: north routes 0809.pdf
F. Human Resources

13. Support Staff Recommendations
Attachment: Support Staff 08-12-08.pdf
14. Instructional Staff Recommendations
Attachment: Instructional Staff 08-12-08.pdf
F. Curriculum & Instruction

15. Boys and Girls Clubs Mentoring Services
Attachment: DOE100A - Cover Sheet Form FINAL.pdf
F. Title I/Early Childhood Education

16. 2008-2009 Consultant Agreement with PREVENT! of Brevard Inc.
Attachment: PREVENT-Consultant Agreement.pdf
Attachment: FY09 PREVENT! Budget Proposal.pdf
F. Adult/Community Education

17. Subcontract Agreement Between Brevard Family of Housing and Brevard Adult Education
Attachment: SUBCONTRACT AGREEMENT.pdf
F. Student Services

18. Safe & Drug Free School Consultant Agreement with Rain & Brehm Consulting
F. Alternative Sites

19. School Board of Brevard County and National Deaf Academy
F. Exceptional Education

20. Approve Revisions for Section 504/ADA Procedures Manual for Students
Attachment: 504Manual06-08.pdf
F. Educational Technology

21. Structured Cabling Infrastructure Upgrade for Enterprise Elementary
F. Facilities Services

22. Sanitary Sewer Easement - Brevard County Board of County Commissioners - Space Coast Jr-Sr High School
Attachment: Easement - Brevard County-Commissioners - Space Coast Jr-Sr High School.pdf
23. Bill of Sale; Waterline and Ingress/Egress Easement - City of Cocoa - Space Coast Jr/Sr High School
Attachment: Easement - Bill of Sale - City of Cocoa - Space Coast Jr-Sr HS.pdf
F. Project Management

24. Demolish Building 10 at Satellite High School
Attachment: Satellite HS Site Plan - Building 10.pdf
F. Approval of Consent

25. Approval of Consent Agenda Items


Motions:
Approval of consent items with the exception of those items pulled for discussion.- PASS
 
Vote Results
Motion: Barbara Murray
Second: Robert Jordan
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye


Items Pulled for Discussion
F. Project Management

26. Additions and Renovations at Eau Gallie High School
Attachment: Eau Gallie HS PM Plan - 7-31-08.pdf
Minutes: 

Ms. Kershaw pulled Item F-25 and Item F-26 to ask how the additions and renovations at  Eau Gallie High School and Cocoa High School would be affected if the Board lowers the Capital Outlay Millage.

Mr. Curry stated financing was available today to finish the projects as identified both for Cocoa High and Eau Gallie High.



Motions:
Authorize Facilities Services to proceed with a project of additions and renovations at Eau Gallie High School for a cost not to exceed $7,000,000. Authorize Facilities Services to contract with Heard Construction/Rood & Zwick Architects to provide Design-Build services for additions and renovations at Eau Gallie High School for a Guaranteed Maximum Price (GMP) of $5,860,000 based on the Design Criteria Documents provided by Reynolds, Smith and Hills, Inc. dated May 29, 2008 with revisions as necessary to meet the established GMP. - PASS
 
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

27. Additions and Renovations at Cocoa High School
Attachment: Cocoa HS PM Plan 7-31-08.pdf

Motions:
See the attached Project Management Plan, revised 7-31-08, for details regarding the budget and scope of work. Notes:1. The balance of the funding not contained in the GMP is budgeted for professional fees, testing, administration, project reserve and the separate campus-wide reroofing project.2. The scope of work for this project is contained in the Proposed Project List for the FY2006 - FY2012 Facility Improvement Plan, approved by the Board on 4-26-05. 3. The Design Criteria Documents are available for review in the Facilities Services Department. 4. The Design/Builder was selected in compliance with the requirements of the Consultant's Competitive Negotiation Act (287.055 F.S.). The Agreement between Owner and Design/Builder will be submitted for review by the Board prior to August 12, 2008 Board meeting. - PASS
 
Vote Results
Motion: Robert Jordan
Second: Barbara Murray
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

F. School Board Attorney

28. Involuntary Termination of Instructional Employee, James Michael Murray
Attachment: Murray.pdf
Minutes: 

Mr. Jordan pulled Item F-27 and Item F-28 and requested that Dr. DiPatri explain what happened and why he believes these two employees should be terminated.

Dr. DiPatri went on to explain the incidents that led up to the terminations of these two employees.

Discussion ensued amongst the Board and Dr. DiPatri in regard to the termination of the two instructional employees, James Michael Murray and John M Hackney.

Mr. Jordan questioned Mr. Bistline on how FSHAA operates and how it related to what the School Board is doing.

Harold Bistline, School Board Attorney. stated FSHAA operates totally independently of the decision that the School Board is making. They sanction the districts athletic events and they can take action against Mr. Hackney and the district or both. They do not enforce the districts Code of Ethics or the State Board of Education Code of Ethics for all certificated employees. The School Board does. Mr. Bistline stated that he agrees completely with Dr. DiPatri's recommendation.



Motions:
Terminate the employment of teacher, James Michael Murray, and cancel his Professional Service Contract effective August 12, 2008. In the event Mr. Murray makes a timely request for a hearing, authorize the School Board Attorney to transmit the hearing request to the Division of Administrative Hearings for further proceedings. Authorize the Superintendent to retain services of counsel for the hearing process if requested.- PASS
 
Vote Results
Motion: Robert Jordan
Second: Barbara Murray
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

Motion Minutes: 

Mr. Hughes took this opportunity to weigh in since there were statements made that this was an FSHAA issue and explained that they are employees of Brevard Public Schools not of the FHSAA. Mr. Hackney and Mr. Murray signed our ethics code, they have accepted the training, and accepted the responsibilities that go along with that. Another statement that was made was that this is an athletic issue that it is not a teaching issue. This is perhaps the ultimate teaching moment. Mr. Hughes' final thoughts were on the area of justice to make sure that the penalty was just. He questioned Dr. DiPatri on other penalties that were explored in terms of what could be done with these two folks.

Dr. DiPatri stated that the options were limited unless the employee agrees to some other punishment. Mr. Hackney did not take the opportunity to meet with the Superintendent and chose not to respond. Mr. Murray met with the Superintendent and alternatives were not discussed. Generally, the only other option is an increment denial for that one year. Dr. DiPatri stated the later punishment was too minor, a slap on the wrist. It is the decision of the Superintendent to recommend termination to the Board.

Mr. Jordan asked Dr. DiPatri why Mr Hackney did not meet with the Superintendent. Dr. DiPatri stated that he had no idea.

Chairman Kershaw  stated that we would be moving on to Item  F-29 and requested the audience refrain from their comments and remarks or we will be recessing the meeting.

29. Involuntary Termination of Instructional Employee, John M. Hackney
Attachment: Hackney.pdf

Motions:
Terminate the employment of teacher, John M. Hackney, and cancel his Professional Service Contract effective August 12, 2008. In the event Mr. Hackney makes a timely request for a hearing, authorize the School Board Attorney to transmit the hearing request to the Division of Administrative Hearings for further proceedings. Authorize the Superintendent to retain services of counsel for the hearing process if requested.- PASS
 
Vote Results
Motion: Larry Hughes
Second: Amy Kneessy
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye

Motion Minutes: 

Chairman Kershaw called for an unscheduled recess due to the intense climate of the audience at 7:03 p.m.

The meeting reconvened at 7:13 p.m.

Dr. DiPatri took this opportunity to congratulate the instructional personnel listed under Item F-14 for their reclassification/transfer.


G. Action
G. School Choice

30. Edgewood Jr./Sr. High School and West Shore Jr./Sr. High School Boundaries
Attachment: BoundaryDescriptions.pdf
Attachment: Edgewood Westshore 08-09.pdf
Minutes: 

Chairman Kershaw declared the public hearing open. No one addressed the Board on this issue. Chairman Kershaw declared the public hearing closed.



Motions:
Approve the Boundaries for Edgewood Jr./Sr. High School and West Shore Jr./Sr. High School- PASS
 
Vote Results
Motion: Robert Jordan
Second: Larry Hughes
Larry Hughes- Aye
Robert Jordan- Aye
Janice Kershaw- Aye
Amy Kneessy- Aye
Barbara Murray- Aye


H. Information
H. Board Office/Superintendent

31. Superintendent's Budget Recommendations on $10 Million Holdback
32. Self-Insured Medical Trust Fund Transfer
H. Accounting Services

33. Tax Anticipation Notes - Series 2008
Attachment: R-Auth-Res.pdf
H. Risk Management

34. Renewal of the Joint Use of Real Property Agreement
Attachment: AGREEMENT BETWEEN THE SB AND COUNTY FOR JOINT USE Final.pdf
H. Educational Leadership & Professional Development

35. Renewal of Consulting Agreement with Robert L. Donaldson, Sr.
Attachment: Donaldson.pdf
H. School Choice

36. 2008-2009 Strategic Plan
Attachment: Strategic Plan Attach 1.pdf
Attachment: Strategic Plan Attach 2.pdf
Attachment: Strategic Plan Attach 3.pdf
Attachment: Strategic Plan Attach 4.pdf
Attachment: Strategic Plan Attach 5.pdf
Attachment: Strategic Plan Attach 6.pdf
Attachment: Strategic Plan Attach 7.pdf
H. Title I/Early Childhood Education

37. Application for CWT/SES Funds Under NCLB
H. Middle School Programs/K-12

38. 7th Grade BLAST
Attachment: BLAST 08.pdf
H. Student Services

39. SEDNET Consultant Agreement with Rain & Brehm Consulting Group
H. Area I Superintendent

40. Contracted Services Agreement between Columbia Elementary and AIMS Education Foundation
Attachment: Columbia - AIMS Education 8-12-08.pdf
H. Plant Operation and Maintenance

41. 2008 Annual Comprehensive Fire Safety, Casualty, and Sanitation Inspection Results
H. School Board Attorney

42. Brevard/Indian River Out-of-County Student Attendance Agreement
Attachment: Interlocal Agreement School Bd Bre-Ind River Agenda 7-29-08.pdf

I. Staff Reports
43. Staff Reports

Minutes: There are no staff reports this evening.

J. Additional Public Presentations (If Required)
K. Board Member Reports
44. Board Member Reports

Minutes: 

Dr. Murray stated there have been concerns over the extra curriculum appointment of coaches and there is no formalized evaluation process for these positions as we do have with other personnel. She requested a formalized evaluation process to be put in place for the extra curriculum teacher appointments.

Dr. DiPatri stated that this request would take some time to accomplish but would come back with some recommendations.

Ms. Kneessy brought concerns about Palm Bay Charter Academy and its Certificate of Occupancy. She questioned Mr. Bistline if the district can put stipulations as a part of their contract if Palm Bay Charter Academy does not have the final paperwork by a certain date then the district will take measures to terminate the contract. Mr. Bistline said that the district could put them on a ninety day notice provision.

Dr. DiPatri updated the Board in regard to a recent meeting with Palm Bay Charter Academy along with  the audit committee that defined the expectations.

Mr. Jordan reported that he attended the Back-to-School supply give away at the Brevard Zoo on Saturday, August 9, 2008. Kudos goes to Lynn Clifton and her team. They did an excellant job of getting 2500 kids through the zoo. He stated that the venue was the right place since there were many students who never had been to the zoo. 

Ms. Kershaw welcomed back the teachers who reported to work today to get ready for the students who will report on Monday, August 18, 2008.


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

M. Adjournment
46. Adjournment

Minutes: The School Board meeting of August 12, 2008 was adjourned at 7:27 p.m.






Secretary

Chair