e-agenda.NET

School Board Meeting
November 16, 2010


Call to Order
1. Time: 5:00 p.m.

Roll Call
2. Attendance

Pledge of Allegiance
3. The Pledge of Allegiance and National Anthem were led by: Boynton Beach High School Choir

Opening Remarks
4. Opening Remarks were made by Chairman Frank Barbieri.

Minutes: Newly elected Chairman Frank Barbieri outlined several changes which will occur at the meetings.

Approve Board Minutes
5. None

Board Member Disclosures
6. None

Presentations
7. Boynton Beach High-Today Show Choir Contest Winner
8. Seminole Ridge High Flag Football Team State Champions
9. Amie Schneider-Florida Elementary Physical Education Teacher of the Year
10. Geri Grocki-High School Health Teacher of the Year
11. PTA Healthy Lifestyles Month
Attachment: PTA Healthy Lifestyles Month-2010.pdf

Motions:
I recommend the School Board of Palm Beach County proclaims the month of November 2010 as PTA Healthy Lifestyles Month in the School District of Palm Beach County and, BE IT FURTHER RESOLVED, that all those in the School District join the celebration by promoting good nutrition and regular physical activity in order to reduce the risk of obesity and improve the overall health of students and families.- PASS
 
Vote Results
Motion: Chuck Shaw
Second: Jenny Prior Brown
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

12. "In The Click" Seatbelt Campaign
Attachment: QASeatbelt.pdf
13. Day In The Life Of A Nurse Day
Attachment: Day in the Life of a Nurse Day-2010.pdf

Motions:
I recommend the School Board of Palm Beach County proclaims November 12, 2010, as a Day In The Life Of A Nurse Day.- PASS
 
Vote Results
Motion: Jenny Prior Brown
Second: Monroe Benaim
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Consent
Curriculum/Learning Support

14. CLS1 - William T. Dwyer High School - Chinese Bridge Delegation for K-12 School Administrators
Attachment: Expenditure Justification Waiver.pdf
Attachment: TDE - Principal Joe Lee.pdf
Attachment: Chinese Bridge Delegation for K-12 Administrators.pdf
Grants

15. G1 - North Palm Beach Elementary - Grant Award - Mary and Robert Pew Public Education Fund
Attachment: NPB Elementary - PEW Grant Award Letter.pdf
Attachment: North Palm Beach Elementary Instrumental Music Project.pdf
16. G2 - Learning for Life Grant
Attachment: LearningforLifeAbstract.pdf
Attachment: Learning for Life Data Panel 101510.pdf
Attachment: QAG2.pdf
Attachment: respect 1st grade.pdf
Attachment: respect 3rd grade.pdf
Charter Schools

17. CS2 - Charter Application for Palm Beach Science Academy
Attachment: Exhibit A - PB Science.pdf
Attachment: Exhibit D - PB Science.pdf
Attachment: Exhibit C - PB Science.pdf
Attachment: Exhibit E - PB Science.pdf
Attachment: Exhibit B - PB Science.pdf
Agreements/Contracts

18. AC1 - State of Florida Department of Health Standard Contract for Community-Based Tobacco Prevention Interventions
Attachment: DOH 2011 data panel, 10-14-10.pdf
Attachment: QAAC1.pdf
Attachment: QAAC1.pdf
Real Estate

19. RE-1 Approve Interlocal Agreement/Villlage of Wellington
Attachment: Village of Wellington'10-final.pdf
Attachment: Checklist.pdf
Purchasing/Construction

20. CP-2 Architectural Services on Continuing Agreement Renewal
Attachment: TERCILLA EXE AGREEMENT ARCHITECTS ON CC.pdf
Attachment: TERCILLA Beneficial Interest.pdf
Attachment: RFP for ARCHITECT SERVICES ON CC 9.24.pdf
Attachment: BRPH-Checklist Architects on CC 1st Amendment-11-16-10 Board.pdf
Attachment: First Amendment MPA ARCHITECTS.pdf
Attachment: BRPH EXE AGREEMENT ARCHITECTS CC.pdf
Attachment: MPA Exe Agree Architect.pdf
Attachment: Zyscovich Beneficial Interest and Disclosure of Ownership Affidavit 10 20 10.pdf
Attachment: First Amendment BRPH ARCHITECTS.pdf
Attachment: PPE's.pdf
Attachment: MPA Beneficial Interest and Disclosure Form.pdf
Attachment: ZYSCOVICH EXE AGREEMENT ARCHITECTS ON CC.pdf
Attachment: First Amendment ZYSCOVICH ARCHITECTS.pdf
Attachment: BRPH Beneficial Interest and Disclosure Form.pdf
Attachment: First Amendment TERCILLA COURTEMANCHE ARCHITECTS.pdf
Attachment: MPA Architects-Checklist 1s Amendement.pdf
Attachment: Zyscovich-Checklist 1st Amendment Architects on CC-11-16-10 Board.pdf
Attachment: Tercilla-1st Amendment Architects on CC-11-16-10 Board.pdf
Budget

21. B1 Budget Amendments - September 2010
Attachment: September 2010 Amendments.pdf
Financial Management

22. FM1 - Signatories For School Internal Bank Account
Attachment: November 16, 2010.pdf
23. FM2 - September 2010 Interim Financial Statements
Attachment: FS - FINAL 09-30-2010.pdf

Naming of Schools
24. None

Student Government Report
25. Student Representative Jordan Cohen

Minutes: Student Representative Jordan Cohen announced that the monthly meeting is this Thursday at Palm Beach Gardens High School and that all of the schools will be participating in the Food Drive and Toy Drive currently being organized.

Delegations\Individual Appearances
26. Elected Officials: None
27. Delegations: Robert Dow and Johnny Worthen
28. Agenda Speakers: Christina Howley; Michael Howard; Debbie Block; Karen Holme; Gary Mitten, Jan Porter and Tom Rodgers

Commitee Reports
29. Audit Committee Report:

Minutes: 

Cindy Adair presented the Audit Committee Report from the last meeting as follows:  Review of allegations by parents regarding previous Chief Academic Officer Jeffrey Hernandez and identified the scope for an outside audit regarding:  altered TDE's, employee benefits (vehicle, cell phone and sun pass), maintaining vehicle log and documents, leave policy, record retention for calendars and identification badge.

Board Members asked questions regarding the independent audit versus the Inspector General, the cost for such an audit, choice of auditing firms versus the use of a law firm, a report of suggested policy change recommendations for the future, and agreed upon procedures or scope of work for the auditor.

Motion by Benaim/Robinson that the Audit Committee proceed and negotiate with an outside firm to handle this audit and bring back to the Board.

Amended Motion by Brill/Benaim to limit to the two firms that do not have ties to Palm Beach County Schools.

Main Motion as Amended was unanimously approved.

30. Construction Oversight and Review Committee (CORC):

Minutes: 

Mr. Doctor presented the following CORC report from the last meeting:  Reviewed and approved the items on the agenda this evening; requested that Board Members appoint members to the committee or retain the members previously appointed.

Mr. Barbieri thanked Mr. Doctor for all of his hard work on behalf of the committee.

31. Finance Committee: None
32. Superintendent's Report:

Minutes: Dr. Johnson presented his report as follows:  Congratulated the newly elected Board Members and thanked the public for passing the 1/4 Mill on the ballot; announced that graduation rates are continuing to increase; commended Choice Programs for their successful work.

Approval of Consent Agenda
33. Consent Agenda


Motions:
I recommend the Board approve the Consent Agenda as submitted.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Chuck Shaw
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Unfinished Business
34. None

Policy Review
35. None

Legal Review
36. LR1 - Chief Counsel Contract
Attachment: Bruce Harris Contract 2010-11-11 clean final.pdf
Attachment: Gerald Williams Contract and Addendum.pdf
Attachment: AmendmentContract060107.pdf
Attachment: Legal Checklist.pdf
Attachment: QALR1.pdf
Attachment: Julieann Rico-Allison Contract.pdf

Motions:

Board Chairman reads:

Negotiations were concluded last Thursday afternoon, November 11, 2010 on the new Chief Counsel’s contract.  Per Board direction that this item be brought to the Board for consideration at the first opportunity following the completion of negotiations, this item was added to the agenda after the first publication.

 

This item was added to the online agenda Friday afternoon November 12, 2010, which is sufficient notice under these circumstances.  I believe good cause exists for adding this item to the agenda.

Consideration and approval of  the contract for Chief Counsel Bruce Harris as submitted and authorize the Chairman to sign all necessary documents. 

- PASS
 
Vote Results
Motion: Monroe Benaim
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Expulsions
37. None

New Business
Charter Schools

38. CS1 - Seventh Amendment for Palm Beach Maritime Academy
Attachment: Exhibit A - PB Maritime.pdf
Attachment: Exhibit C - PB Maritime.pdf
Attachment: Legal Checklist - PB Maritime.pdf
Attachment: Exhibit D - Data Panels - PB Maritime.pdf
Attachment: Exhibit E - PB Science.pdf
Attachment: Exhibit B - PB Maritime.pdf

Motions:
I recommend that the School Board approve the Seventh Amendment to expand the enrollment from the current 500 to 800 students to the Palm Beach Maritime Academy Charter School.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Karen Brill
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

39. CS3 - Charter Application for Franklin Academy "B"
Attachment: Exhibit B - Franklin B.pdf
Attachment: Exhibit C - Franklin B.pdf
Attachment: Exhibit E - Franklin B.pdf
Attachment: Exhibit A - Franklin B.pdf
Attachment: Exhibit D - Franklin B.pdf
Attachment: Franklin Academy Applicatiion for A and B.pdf
Attachment: QACS3.pdf
Attachment: MATRIX FOR CS2-PALM BEACH SCIENCE.pdf
Attachment: PB Science - Sections 1-4 13.pdf
Attachment: Matrix of Charter Schools 2010-2011 - BRD (2).pdf
Attachment: QACS3.pdf

Motions:
I recommend that the School Board approve the Charter Application for Franklin Academy "B."- PASS
 
Vote Results
Motion: Debra Robinson
Second: Jenny Prior Brown
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

40. CS4 - Charter Application for Franklin Academy "A"
Attachment: Exhibit B - Franklin A.pdf
Attachment: Exhibit E - Franklin A.pdf
Attachment: Exhibit C - Franklin A.pdf
Attachment: Exhibit A - Franklin A.pdf
Attachment: Exhibit D - Franklin A.pdf
Attachment: QACS4.pdf
Attachment: Franklin Academy Applicatiion for A and B.pdf

Motions:
I recommend that the School Board approve the Charter Application for Franklin Academy "A."- PASS
 
Vote Results
Motion: Jenny Prior Brown
Second: Chuck Shaw
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Agreements/Contracts

41. AC2 - FIAT Master Agreement for FY2011
Attachment: Contract Review Checklist.pdf
Attachment: Master Affiliation Agreement.pdf
Attachment: Data Panel.pdf
Attachment: Data Panel Chart.pdf
Attachment: QAAC2.pdf
Attachment: FIAT Appendix C.pdf
Attachment: FIAT Appendix B.pdf
Attachment: FIAT Appendix C.pdf
Attachment: FIAT Appendix B.pdf
Attachment: FIAT PBCSD Participation 2002-10.pdf

Motions:

Consider approval of the Master Affiliation Agreement FIAT Programs between the School District of Palm Beach County and Florida Atlantic University effective 2010.

- PASS
 
Vote Results
Motion: Debra Robinson
Second: Monroe Benaim
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Personnel

42. PD1 - Personnel Agenda
Attachment: November 16 Agenda.pdf
Attachment: Nov16AgendaSeparationCounts.pdf

Motions:
I recommend the School Board approve the Personnel Agenda as submitted.
- PASS
 
Vote Results
Motion: Debra Robinson
Second: Monroe Benaim
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

43. PD2 - Personnel Addendum
Attachment: November 16 Addendum.pdf
Attachment: QAPD2.pdf
Attachment: QAPD2.pdf
Attachment: Microsoft Word - Mark_Howard_Cover Letter _and Resume_Research_and_Evaluation.pdf

Motions:
I recommend the Personnel Addendum as submitted.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Chuck Shaw
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Transportation

44. T1 Contracted Individual Transportation
Attachment: Contracted Transp Attchmnt 11-16-2010.pdf

Motions:

I recommend the School Board authorize reimbursement for contracted individual transportation to eligible parents/guardians as specified on Attachment.

- PASS
 
Vote Results
Motion: Monroe Benaim
Second: Chuck Shaw
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

45. T2 - Disposal and Donation of Surplus Vehicle
Attachment: Title Appl for Nguzo Saba 11-10-10.pdf
Attachment: Joseph Little-Nguzo-Saba Agreement.pdf
Attachment: QAT2.pdf

Motions:

Board Chairman reads:

The item was removed from the previous board agenda in order to have Legal assist in insuring the District had no continuing liability with the transfer. However, the school has experienced a major mechanical breakdown which will require a major repair with the bus they currently use.  There is an immediate need for the donated bus to transport their students.

The liability issue has been addressed and related to the charter school’s acceptance of vehicle in its “as is” condition.  This is addressed in the “Application for Certificate of Title With/Without Registration” form.

There is good cause for adding this item to the agenda. 

I recommend the School Board authorize the disposal and donation of the surplus vehicle to the Joseph Little/Nguzo Saba Charter School, Inc.

- PASS
 
Vote Results
Motion: Debra Robinson
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Not Present
Debra Robinson- Aye
Chuck Shaw- Aye

Purchasing

46. P1 RFP for Environmental Consulting Services
Attachment: P1 11C 004K Tab.pdf
Attachment: P1 11C 004K Original RFP.pdf
Attachment: P1 11C 004K Beneficial Interest.pdf
Attachment: QAP1.pdf
Attachment: QAP1.pdf

Motions:

I recommend approval of RFP 11C-004K for Environmental Consulting Services be awarded to the three (3) highest scored responsive, responsible proposers based on the evaluation criteria outlined in RFP 11C-004K, in the annual estimated amount of $100,000 for the period of January 26, 2011 through January 25, 2016.

- PASS
 
Vote Results
Motion: Marcia Andrews
Second: Debra Robinson
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye

Purchasing/Construction

47. CP-1 New and Renewal of Prequalified Vendors
Attachment: New Prequalified Vendors 10-20-2010.pdf
Attachment: Current Prequalified Vendors October 2010.pdf
Attachment: Renewal Vendors 10-20-2010.pdf
Attachment: QACP1.pdf

Motions:

I recommend the School Board approve the new and renew the existing pre-qualified vendors as listed in the attachments to participate in price-based bid solicitations for construction projects estimated to exceed $200,000.00.

- PASS
 
Vote Results
Motion: Debra Robinson
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye


Non-Agenda Speakers
48. Time Certain 7:00 p.m. (OR earlier depending upon conclusion of the business meeting)

Minutes: Mike Dowling; Rita Solnet; Tom Whatley; Lisa Goldman; Michele Kennedy; Peter Kimball; Debbie Block; Christina Howley; Brett Petrovich; Michael Howard; Dr. Kathy Gundlach; Jan Porter; Joe Meyers; Janice Gerber.

Board Discussion Item
49. ROBINSON - Personnel Investigations and Actions

Minutes: 

Dr. Robinson discussed the chain of command for personnel investigations and would like to know how other school districts handle these issues as well as the role of the legal department.  Dr. Robinson stated that she has requested a matrix of personnel disciplinary actions for the purpose of outlining fair and equitable punishment.  Dr. Robinson requested a workshop on this topic.

Mr. Barbieri agreed with Dr. Robinson on the topic of fair and equitable punishment and Mrs. Andrews provided a history update of how this has worked in the past.

Dr. Johnson stated that this workshop will be scheduled for January.

50. SHAW - Class Size Plan

Minutes: 

Mr. Shaw addressed the need for a plan regarding Class Size Reduction.

Dr. Johnson stated that on December 8th there will be a budget overview which will include staff's plan for Class Size Reduction.

Dr. Robinson requested previous documents on this topic be included in this presentation.

51. SHAW - FY12 Budget

Minutes: 

Mr. Shaw requested a series of workshops so that we know exactly what the choices/options are for the budget as we progress through the year.

The Superintendent stated that he will have staff prepare a budgetary spread sheet for the Board as soon as possible.  Joe Moore additionally stated that the Legislative Meeting is scheduled in January which will also assist with this issue.

52. BRILL - Students with Disabilities and Class-Size Requirements

Minutes: 

Motion by Shaw/Robinson to suspend the rules.  Ms. Brill questioned if the Board would have an opportunity for open discussion prior to the end of the meeting and Chairman Barbieri agreed they would.

Ms. Brill discussed students with disabilities and class size requirements questioning the number of students in mainstream classrooms.  Dr. Johnson agreed to get that information to the Board as soon as possible.

53. BRILL - Update on Public Concerns

Minutes: 

Ms. Brill stated that the systemic issues are being addressed but would like to be able to assist constituents who have not had their issues resolved.

Ms. Killets outlined the process that has been used in the past as far as Ms. Killets addressing academic issues and Mr. Moore addressing operations.

Mr. Barbieri assured the public that we will be closely monitoring public concerns and responses to those.

54. ROBINSON - Email Investigation
Attachment: image2010-11-12-045346.pdf
Minutes: 

Dr. Robinson stated that for the sake of disclosure she has attached the findings of the email investigation regarding her campaign.

Mr. Shaw commended her for this action.

55. CHAIRMAN - Board Committee Assignments
Attachment: BoardCommittees2011DRAFT.pdf
Minutes: 

Mr. Barbieri discussed the four committees that have Board appointees and requested whether the new Board Members prefer to temporarily appoint the appointees from the previous Board Member or are they prepared to appoint new members.

Mr. Shaw stated that the existing members are fine for now.  Ms. Brill stated that the existing members are fine with the exception of John R. Smith for the Finance Committee who has requested to step down but will serve for now.  Mrs. Brown stated that the existing members are fine for now.  Mrs. Andrews stated that the existing members are fine for now.

Mr. Barbieri outlined the list of Board Committees which need representation from the Board and Board Members selected their desired committees.

Dr. Robinson requested the Chief Counsel notify the Board which committees are Sunshine.

56. BARBIERI - Amending Contract Policy

Minutes: 

Mr. Barbieri postponed discussing this item until next Board Meeting.

57. BARBIERI - Monthly Contract Report

Minutes: 

Mr. Barbieri postponed discussing this item until next Board Meeting.

58. BARBIERI - Auditor and Chief Counsel Budget Requirements

Minutes: 

Mr. Barbieri postponed discussing this item until next Board Meeting.

59. Brown - Palm Beach County Inspector General Presentation

Minutes: 

Mrs. Brown discussed the issue of the Inspector General and acknowledged that the previous Board wanted to participate but there is a rather large monetary attachment to that.  Mrs. Brown requested that we have a workshop to discuss what the Inspector General will do and what will overlap with the Audit Department.

The Superintendent stated that this workshop could occur in January.

Mr. Barbieri requested the Chief Counsel research the issue of sworn testimony.

60. Andrews - Charter School Application Process

Minutes: Mrs. Andrews acknowledged that Ms. Killets has a Charter School Workshop scheduled for January.
61. Andrews - Technology for School Board Questions

Minutes: 

Mrs. Andrews requested a way through technology for constituents who cannot attend the meetings to communicate with the Board especially during the Board Meeting as far as getting their questions answered.

Dr. Johnson reviewed several venues for this to occur.

Mr. Barbieri added that he had previously requested a place on our web site for parents to find scholarship opportunities.

Mr. Moore assured Ms. Andrews that staff will try to find a way for the public to communicate during a Board Meeting.

Mrs. Gent outlined how the new Constituent Policy would assist in monitoring and following up on items.

62. SHAW - Legislative Update

Minutes: Mr. Shaw provided a brief legislative update.

Adjourn
63. Time: 9:00 p.m.

Minutes: 

Prior to adjournment, Ms. Brill questioned whether or not Board Members can use facebook because of Sunshine and if not, requested a venue to communicate with the public.

Chief Counsel Bruce Harris announced that he will send the Board an Attorney General Opinion on this topic and discussed public records retention issues as well as posting issues that another Board Member could see regarding an issue that could be voted on.

Ms. Andrews requested the opportunity for all new Board Members to meet with staff and Dr. Johnson stated that staff will create several schedule options for Board Members to accomplish this.

Mr. Shaw questioned the Sunshine issues for new Board Members while at FSBA training the end of November and Mr. Harris stated that he will provide a legal memorandum prior to that.



Motions:
Motion to adjourn.- PASS
 
Vote Results
Motion: Debra Robinson
Second: Marcia Andrews
Marcia Andrews- Aye
Frank Barbieri- Aye
Monroe Benaim- Aye
Karen Brill- Aye
Jenny Prior Brown- Aye
Debra Robinson- Aye
Chuck Shaw- Aye







Secretary

Chair