School Board of Manatee County Regular Meeting Results June 27, 2011

BRADENTON -- Despite the critical public comments of the school board's financial state, the board unanimously renewed Superintendent McGonegal’s contract for another 2 years, then they sent him back to the drawing board to further analyze ways to cut the budget by 14 million. The district increased their property liability insurance, approved increases for SAMP employee  insurance premiums, and adopted a new field-trip policy in one of the longest hearings all year. 

Scott Martin, an attorney who has represented the district over the past year, was hired as the Assistant Superintendent of Support Services at a rate of $412 per day or $104,280.00 annually. The board was torn at the decision to hire Martin, but the motion passed 3-2 with Aranibar and Carpenter opposing.

AGENDA AMENDMENTS 

1. Agenda Amendments - p.10

ATTENDANCE 

2. Attendance - p.11

CALL TO ORDER 

3. Call to Order - p.12
4. Pledge of Allegiance - p.13
5. Invocation - p.14

6. Orders of the Day

STUDENT CELEBRATIONPUBLIC COMMENTS 

7. Public Comments - p.15

APPROVAL OF MINUTES

 8. Approval of Minutes - p.16 (Unanimously approved)

RECOGNITIONS 

9. 2010-2011 Aspiring Leaders - Support Cadre - p.17

• The Aspiring Leaders Program is designed to provide a variety of experiences for individuals who want to develop their leadership skills.  Participants are required to create an electronic or paper portfolio documenting their experiences in the program, develop a personal mission statement, engage in an interactive book study (The 7 Habits of a Highly Effective Family, author Stephen Covey), present a program of interest to the group, shadow other school leaders, participate in individual leadership coaching, and complete and present an Issue Analysis.

10. Special Recognition - p.18

REPORTS AND PRESENTATIONS 

11. Florida Planning and Zoning Award for Palmetto Elementary School - p.19

• The Florida Planning and Zoning Association recently selected the School Board of Manatee County New Palmetto Elementary Complex to receive the organization’s Outstanding Public Development Award.  The new Palmetto Elementary opened on January 4, 2011, after almost a decade-long effort to replace the aging and outdated nearby old Palmetto Elementary School. The completion of the school was the result of a strong collaborative effort involving the School Board, the City of Palmetto and Manatee County, the Boys and Girls Club, and Just for Girls Club.

PUBLIC HEARING 

12. Public Hearing for Consideration of Adopting Amendment to Policy 4.9, Student Progression - p.20 (Unanimously approved)

• The School Board approved the current Manatee District Student Progression Plan, which includes the promotion and remediation criteria for students in grades K through 12, on July 26, 2010.  Each year the Florida Department of Education identifies elements required in District Student Progression Plans.  

13. Public Hearing for Consideration of Adopting Proposed Amendment to Policy 5.1, Code of Student Conduct - p.22 (Unanimously approved)

• The Code of Student Conduct is reviewed and revised annually and serves as the School Board’s policies and procedures for governing student behavior on school grounds, at school activities, and while being transported to and from school.  The majority of the recommended changes for 2011-12 are minor revisions in language.  The prohibition of dating violence and abuse has been added as required by section 1006.148, Florida Statutes (2010). Language has been added to include specific new types of tobacco products and legal weed.

CONSENT ITEMS 

Approval of Consent Agenda (Unanimously approved)

14. Approval of the June 27, 2011 Consent Agenda - p.23

Purchase(s) Bids $100,000.00 and Under
15. Approval of Bid for Plumbing Services, MCSD No. 11-0056-MR - p.24
16. Approval to Purchase the Software Special Education Management System (SEAS) Annual Maintenance for Exceptional Student Education (ESE), English Language Learners (ELL), 504 Plans and Medicaid Billing from Computer Automation System, Inc. - p.26
17. Approval of Renewal (2) on Bird Control Services, MCSD No. 10-0013-MR - p.28

Purchase(s) Bids Over $100,000.00
18. Approval of Renewal (1) on Technology Peripherals and Audio Visual Equipment Bid, MCSD No. 10-0029-SM - p.31

Contracts and Grants
19. Approval of the Contract Between Palmetto Youth Academy, G4S Youth Services, LLC, and the School Board of Manatee County for the 2011-2012 School Year - p.33
20. Approval to Renew Contracts for Professional Services With Various Agencies, for Speech and Language Pathology Services, and the School Board of Manatee County for the 2011-2012 School Year - p.34
21. Approval to Renew the Agreements Between the School Board of Manatee County and Various Providers Limited Partnerships for On-The-Job Training for Exceptional Education Students for the School Years 2011-2014 - p.36
22. Approval to Renew the Contract Between Duette Education Foundation, Inc., and the School Board of Manatee County for the 2011-2012 School Year - p.38
23. Approval to Renew the Contract Between PACE Center for Girls, Inc., and the School Board of Manatee County for the 2011-2012 School Year - p.40
24. Approval to Renew the Contract Between Manatee Community Action Agency, Inc. (MCAA) and the School Board of Manatee County for the 2011-2012 School Year - p.41
25. Approval to Renew the Contract Between Manatee County Girls Club, Inc. d-b-a Just for Girls, and the School Board of Manatee County for the 2011-2012 School Year - p.42
26. Approval to Renew the Contract Between Easter Seals Southwest Florida, Inc., and the School Board of Manatee County for the 2011-2012 School Year - p.43
27. Approval to Renew the State of Florida Voluntary Prekindergarten Education Program Provider Agreement Between the School Board of Manatee County and the Early Learning Coalition of Manatee County for the 2011-212 School Year - p.44
28. Approval to Renew the Transportation Agreement Between the School Board of Manatee County and the University of Florida, IFAS, and 4-H Extension Services Bus Field Trip Transportation Services for the 2011-2012 School Year - p.45
29. Approval to Apply, Accept, and Expend the Florida 21st Century Community Learning Centers Grant for the Elementary School Program in the Amount of $626,568.00 for the Period Beginning August 1, 2011 and Ending July 31, 2012 - p.47
30. Approval to Apply, Accept, and Expend the Florida 21st Century Community Learning Centers Grant for the Middle School Program in the Amount of $671,568.00 for the Period Beginning August 1, 2011 and Ending July 31, 2012 - p.49
31. Approval to Apply, Accept and Expend the Individuals with Disabilities Education Act (IDEA), Part B and Preschool Entitlement Grant Application for the Fiscal Year 2011-2012 Through the End of the Grant Period June 30, 2012 - p.51
32. Approval to Apply, Accept and Expend the U.S. Department of Education, Office of Innovation and Improvement Professional Development for Arts Educators (PDAE) Program for $755,303.00 - p.53
33. Approval to Apply, Accept and Expend the Grant Applications for Selected Federal Programs in the Amount of $16,288,191.00 - p.55
34. Approval to Apply, Accept, and Expend the $230,062.00 Carl D. Perkins, Postsecondary Grant for the 2011-2012 School Year - p.57
35. Approval of the First Amendment to the Contract Between Bridgewater Academy, and the School Board of Manatee County, Florida for the School Year 2010-2011 - p.59
36. Approval of the New Agreement Between The School District of Manatee County and The Roskamp Institute, Inc. for Volunteer On-The-Job Training for Students - p.61
37. Approval of Renewal of Contract with Derwin E. Daugherty, CPA, Chief Internal Auditor for the 2011-12 Fiscal Year - p.63
38. Approval of Renewal of Contract with Lawrence F. Jones, CPA, CIA, CFE, CISA, IT/Construction Auditor, for the 2011-12 Fiscal Year - p.6439. Approval of Renewal of Contract with Diane L. Goodson, Internal Auditor, for the 2011-12 Fiscal Year - p.65

Construction Services
40. Approval of High School Athletic Facilities - Heating, Ventilation and Air Conditioning Unit Replacement - Amendment 1 - Agreement Between Owner and NDC Construction Company - Guaranteed Maximum Price - p.66
41. Approval of Manatee Technical Institute - SR 70 Campus - Right-of-Way Easement - p.68
42. Approval of Manatee Technical Institute 34th Street and Braden River Elementary - Temporary Construction Easements for Master Water Meter Maintenance - p.69

Finance
43. Approval of Budget Amendments for April 2011 - p.70
44. Acceptance of the Year-to-Date Financial Statements through April 2011 - p.71
45. Approval of Non-Sufficient Funds (NSF) Check List for Collection via Automated Recovery Systems (ARS) - p.72
46. Approval of Request to Declare Surplus and Dispose of District Tangible Personal Property - p.73
47. Approval of Resolution to enter into a Section 1011.13, Florida Statutes Loan - p.74
48. Approval to advertise the 2011-2012 Tentative Annual Budget - p.76

Human Resources
49. Approval of the Appointments, Change of Assignments, Deceased, Promotions, Reappointments, Reassignments, Recommendations for Professional Service Contracts, Resignations, Retirements, Terminations and Transfers - p.77 (Removed for discussion motion passed 3-2 with Aranibar and Carpenter opposing)

• Karen Carpenter requested this be removed and the position be held open to see if it was necessary. Scott Martin is an attorney who has represented the district for only one year. At a time of financial crisis, Superinintendent McGonegal recoomended that he be hired as the Assistant Superintendent of Support Services at a rate of $412 per day or $104,280.00 annually.

Miscellaneous
50. Approval of Payroll Pay Date Schedule and Employees Pay Check Schedules for the 2011-2012 School Year - p.78

INFORMATION

Leaves
51. Leaves for June 27, 2011 Board Meeting - p.79

ADMINISTRATIVE APPOINTMENTS

52. Administrative Appointments - p.80

OLD BUSINESSNEW BUSINESS

(Discussion Items Pulled from Consent)

NEW BUSINESS (Non-Consent Items)

53. Approval of Advertising a Notice of Intent to Adopt a Proposed New Policy 4.20, Field Trip Policy, and Setting a Public Hearing on the Proposed Policy at the Board Meeting on July 25, 2011 - p.81 (Unanimously approved)

• At the April 25, 2011 School Board meeting, Proposed Policy 4.20 was withdrawn to provide the School District Paper Reduction Committee time to review forms used within this policy. The forms were reviewed, amended and approved at the May 19, 2011 Paper Reduction Committee meeting. 
• The purpose and effect of this proposed new rule is to provide requirements and information to school administrators and staff for planning and preparing for field trips.  Participating in field trips furthers the School District EdVantage Mission, specifically as it relates to the strategic objectives of enthusiasm for learning and global outreach.

54. Approval of Advertising a Notice of Intent to Amend Policy 6.1, Employee Benefits, and Setting a Public Hearing on the Proposed Amendment at the Board Meeting Scheduled July 25, 2011 - p.82 (Unanimously approved)

• Health Insurance premiums and benefits are subject to collective bargaining. In June 2010, the District and the Manatee Education Association (MEA) initiated collective bargaining for the 2011 plan year. On January 12, 2011, the District declared an impasse on these discussions. 
• A hearing was held with a Special Magistrate on April 23, 2011, and her report was submitted to the Board for consideration. On June 7, 2011, the School Board heard presentations on health insurance issues from the District and the MEA. As a result of those testimonies, the School Board proposed using the 2011 Monthly Health Insurance premiums  for SAMP and hourly non-bargaining employees.

 55. Approval to Grant an Administrative Hearing Requested by Employee Michele Gabriele - p.83 (Removed)

56. Approval to Terminate the Employment of Richard A. Rice - p.85 (Removed)

57. Approval of the Collaborative Interagency Lease Agreement Between Easter Seals Southwest Florida, Inc., and The School Board of Manatee County, for the Time Period July 1, 2011 Expiring June 30, 2012 - p.87 (Unanimously approved)

• The School District and Easter Seals Southwest Florida, Inc., work collaboratively in the best interests of Manatee County students with significant Developmental Disabilities and Autism providing them the opportunity to reach their maximum potential as individuals.

58. Approval of the Contract Between Manatee Glens Corporation and the School Board of Manatee County for the 2011-2012 School Year - p.89 (Unanimously approved)

• Manatee Glens Corporation is a program whose goals involve the stabilization of symptoms and behaviors related to a behavioral health disorder and inability to function in a normal school/educational setting. This program will prepare students to function successfully in the community and school in the least restrictive environment and to restore or enhance ability for personal, social and educational life management skills.  There will now be three classrooms, and that is being expanded to include middle school students. This contract will ensure that all children will have an opportunity for a quality learning experience.  A copy of the contract is attached for your review.

59. Approval of Start and End Times for Schools for the 2011-2012 School Year - p.90 (Removed)

60. Approval of 2011 Monthly Health Insurance Premiums for (SAMP) Supervisory Administrative Managerial and Professional and Hourly Non-Bargaining Employees - p.91 (Unanimously approved)

• The purpose and effect of the proposed amendment is to conform the SAMP (Salaried, Administrative, Managerial and Professional) and non-bargaining hourly employee terminal pay to the instructional employee benefits. The effective date is July 1, 2011.

61. Approval to Purchase Property and Liability Insurance at a Cost Not to Exceed $3,544,000.00 - p.93 (Unanimously approved)

• The School District has approximately $1.7 billion of owned property assets. Planning began last January with Marsh, their property insurance broker, and Nugent Consulting Group, their insurance and risk management consultant, to develop a strategic plan to obtain the appropriate property and liability insurance coverage for our school district. Their recommendations (attached) include purchasing an additional $10,000,000.00 of property insurance and increasing the crime coverage deductible from $25,000.00 to $50,000.00. 
• The overall cost for this program for FY 2011/2012 is an increase of 10.8% from FY 2010/2011. Attached is a property renewal spreadsheet, which shows the increase of property value from 2005 to 2011, along with a breakdown of cost.The Superintendent recommends approval to purchase property and liability insurance at a cost not to exceed $3,544,000.00.

62. Approval of Execution of the Declaration of Restrictive Covenant Regarding Matzke Complex Fuel Island - p.95 (Unanimously approved)

• On February 12, 2001, a 1,000 gallon diesel fuel spill occurred at the Matzke Complex Fuel Island. Clean up commenced. The Florida Department of Environmental Protection required a site assessment. A field inspection was conducted, and contaminants resulting from the spilled diesel fuel were found in the soil.  While post-cleanup contamination exceeded residential cleanup target levels, it fell below industrial cleanup target levels, which is the current use of the property.Through July 23, 2008, multiple work plans, reports, and regulatory correspondence were considered by FDEP regarding the nature and extent of the remaining contaminants.  Following due consideration, FDEP agreed to issue a Site Rehabilitation Completion Order with Institutional Controls that will effectively clear the property for use so long as the Board 
• (1) implements certain restrictions on the property to reduce exposure or migration of the contaminants; and
•  (2) agrees to record a Restrictive Covenant regarding those restrictions.

63. Approval of School Board Goals for 2011-12 - p.97 (Removed)

64. Approval of Superintendent's Reorganization Plan for the 2011-12 Fiscal Year - p.98 (Postponed)

65. Approval of Superintendent Budget Cut Recommendations for 2011-12 Fiscal Year Executive Summary - p.99 (Postponed)

66. Approval of Food and Nutrition Services Staffing Plan - p.100Food and Nutrition Services proposes to modify its staffing plan as follows: the elimination of the buyer position (D-5), the reinstatement of the Operations Coordinator (D-6) and the addition of a Nutrition Specialist (D-8).

• The Operations Coordinator job description will be revised to incorporate some of the duties of the Buyer position.  
• The remaining duties will be assigned to the Assistant Director.  The addition of another Nutrition Specialist will enable the Food and Nutrition Services Department to deal with upcoming regulatory changes and increased emphasis on student nutrition education.

67. Approval of Proposal for Temporary Staffing Services, MCSD No. 12-0001-RH - p.29 (Unanimously approved)

• This proposal is for qualified professional firms to provide temporary staffing services on an as needed basis for various positions such as cafeteria, custodial, and office work to all departments and schools.  
• The proposals were evaluated based on responsiveness to the request for proposal, overall hourly rates for the following category positions:  Food Service, Custodial or Maintenance, Office Work, and Other Office Positions, experience, availability, and qualifications.  The committee selected a few companies per category to provide sufficient coverage for the District.

68. Approval of Third Amendment to Agreement Between the School Board of Manatee County and Timothy McGonegal for the Services of Superintendent of Schools - p.101 (Unanimously approved)

• On November 12, 2008 the School Board of Manatee County approved the Superintendent's Employment Contract.  The term of this agreement ends December 31, 2012.  In addition, section 5.1 provides that the School Board will, on or before June 30, 2011, either extend or not extend the current contract. His salary is approximately $170,000 annually.
• Mr. McGonegal has requested two changes to the contract:
• 1. A one-year contract extension to expire December 31, 2013.2. Change in the language on contract renewal in section 5.1 to change the year from 2011 to 2012.  This would provide for the School Board to either extend or not extend the Superintendent's contract for an additional year on or before June 30, 2012.3. Section 10.1 provides that upon completion of a doctoral degree, Mr. McGonegal will receive an increase in base salary in the amount of the value of a doctoral supplement (based on the teacher’s salary schedule) annualized to the administrator’s contract year. 
• The Superintendent is forgoing this salary increase and requests that this provision be eliminated from the contract.The fiscal impact to approve the third Amendment to Agreement is to extend the Superintendent's contract for one additional year and elimination of the provision of an increase in salary for receiving a doctoral degree at a salary savings of $13,000.00 and benefit savings of $1,400.00 savings for a total savings of $14,400.00. 

69. Approval of the Medical Coder-Biller Instructor Job Description and One Medical Coder-Biller Instructor Position (Unanimously approved)

• There is a critical need for trained skilled health care providers; Medical Coder/Biller is a critical need area.  The training involves computer skills, medical terminology and physiology, and medical codes required for processing insurance claims.  Manatee Technical Institute has had many requests from prospective students about training in this area and from local agencies wanting to hire personnel trained in this area.

70. Approval of the Patient Care Technician Instructor Job Description and Two Patient Care Technician Instructor Positions (Unanimously approved)

• There is a critical need for trained skilled health care providers.  Patient Care Technician is an entry-level position in health care; the first 90 hours of the 600-hour Patient Care Technician curriculum is the Health Occupations Core. The Health Occupations Core is a prerequisite for all Health Occupations Programs offered at Manatee Technical Institute (MTI).  In addition, the Patient Care Technician Program articulates into the Practical Nursing Program.  Students may enroll in the 600-hour Patient Care Technician Program, or they may enroll in the Core or several occupational completion points within the program.  This occupational completion points include Certified Nurse Assisting, Home Health Aide, and others.

71. Approval of Job Description for Recruitment and Retention Specialist (Unanimously approved)

73. Approval of Job Description for Site Coordinator 21st Century Grant (Removed)

BOARD COMMENTS 74. Board Comments - p.103

SCHOOL BOARD WORKFLOW 75. School Board Workflow - p.104

SCHOOL BOARD ATTORNEY COMMENTS 76. Comments by John Bowen - p.105

SUPERINTENDENT'S REPORT 77. Comments by Tim McGonegal - p.106

ADJOURNMENT Adjournment of Meeting
78. Adjournment - p.107